code of conduct
A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.
A legally enforceable agreement about terms and conditions of employment between an employer and a group of employees or between an employer and one or more unions. Collective agreements were approved by the Workplace Authority.
Abbreviation for Fair Work Commission.
A member of the Fair Work Commission other than a presidential member.
Refers to the Commonwealth government or an Australian territory.
One of the informal processes used by the Fair Work Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement. Mediation is another informal technique used.
A private proceeding conducted by a Fair Work Commission Member.
A business that falls under the definition in paragraph 51(xx) of the Australian Constitution (Corporations power):
- a foreign corporation
- a financial corporation formed in Australia
- a trading corporation formed in Australia.
Employers who are not constitutional corporations include:
- sole traders
- some state government bodies
- corporations whose main activity is not trading or financial (e.g. some charities).
constitutionally covered business
A constitutionally covered business is:
- a proprietary limited company
- a foreign corporation
- a trading or financial corporation formed within the limits of the Commonwealth
- the Commonwealth
- the Commonwealth authority
- a body corporate incorporated in a territory
- a business or organisation conducted principally in a territory or Commonwealth place.
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
The process by which agencies are directed and controlled. Corporate governance is generally understood to encompass authority, accountability, stewardship, leadership, direction and control.
Matters dealt with by the Fair Work Commission including applications for registration of an association as an organisation, the amalgamation of organisations and changes to eligibility rules of an organisation.
A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.
Summaries of federal and state industrial judgments, including industrial judgments of the High Court of Australia and the Federal Court of Australia, that are published in the FWC Bulletin.
Department of Employment
An Australian Government department encompassing the portfolio of employment and workplace relations.
A member of the Fair Work Commission other than the President, a Vice President or a Commissioner.
Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.
discrimination direct and indirect
Direct discrimination occurs when someone is treated unfairly or less favourably in the same or similar circumstances because, for example, of their gender or race. Indirect discrimination occurs when there is a rule, policy, practice or procedure that is the same for everyone, but has an unequal or disproportionate effect for a specific group of people.
The process of resolving disputes conducted by the Fair Work Commission arising from the dispute resolution procedure in awards, agreements or the Fair Work Act 2009.
Division 2B State award
An award that applied to employers who are not constitutional corporations in New South Wales, Queensland, South Australia and Tasmania and who are now national system employers.
Matters dealt with by the Fair Work Commission under the dispute resolution procedures in awards, agreements or the Fair Work Act 2009.
Matters dealt with by the Fair Work Commission in relation to making arrangements with the Australian Electoral Commission for the conduct of elections for an office of a registered organisation or a branch of an organisation.
Matters dealt with by the Fair Work Commission in relation to modern enterprise awards.
Workers employed directly by an enterprise on a permanent, casual or fixed term contract basis who are paid a wage/salary. This definition excludes workers who are paid a fee for service on a consultancy or individual contractor basis, unpaid workers who are not paid for the services they provide and business partners/working proprietors.
employee of an enterprise
A person employed directly by an enterprise on a permanent, casual or fixed term contract basis who is paid a wage/salary. This definition excludes:
- temporary labor hire workers
- consultants and contractors who are paid a fee for service
- apprentices or trainees whose wages are paid by a Group Training Organisation (GTO)
- unpaid workers such as unpaid family members or volunteers
- working proprietors or business partners that contributed to the production of, or sales of, goods and/or services, and may or may not draw a wage or a percentage of the profits.
A legally enforceable agreement that covers the employment conditions of a group of employees and their employer. Enterprise agreements can be single or multi-enterprise agreements and must meet a number of requirements of the Fair Work Act 2009 before they can be approved by the Fair Work Commission.
A prescribed written notice provided by a union representative to an employer advising of an intention to visit the employer's premises. The person making the visit must hold a valid right of entry permit and can visit only for certain prescribed reasons including investigating suspected breaches of the Fair Work Act 2009 or a fair work instrument (such as a modern award or an enterprise agreement) and holding discussions with certain employees.
Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.
Expert panel for annual wage reviews
The Fair Work Act 2009 provides for an annual wage review conducted by an Expert panel for annual wage reviews. The Expert panel comprises the President, three other full-time Members (appointed by the President) and three part-time Members. The Panel must review award wages annually and make the national minimum wage order.
Expert panel for assessing default superannuation funds
The Fair Work Act 2009 provides for an Expert panel for assessing default superannuation funds.
The Expert Panel consists of full-time Members (Presidential Members or Commissioners) and part-time Members who have knowledge of or experience in finance, investment management or superannuation. The Chair is either the President of the Commission, or a Presidential Member appointed by the President.
Fair Work (Registered Organisations) Act 2009 (RO Act)
The legislation that covers the registration and accountability of federally registered unions and employer associations.
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Legislation that governs transitional matters in connection with the Fair Work Act 2009 and other related matters.
Fair Work Act 2009
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
Fair Work Building and Construction
An independent statutory body responsible for ensuring workplace relations laws are enforced in building and construction industry workplaces and educating industry participants on their rights and obligations under relevant legislation.
Fair Work Commission
Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.
Fair Work Ombudsman, Office of the
An inspectorate headed by the Fair Work Ombudsman, a statutory appointee whose role is to impartially assist in, and enforce compliance with, Commonwealth workplace laws including the Fair Work Act 2009, the Independent Contractors Act 2006 and associated regulations. The Fair Work Ombudsman assists employees, employers and outworkers throughout Australia by providing education, assistance and advice on pay and conditions.
Federal Court of Australia
The court with jurisdiction over matters arising under the Fair Work Act 2009.