After a hearing or conference, the Commission Member may make an order or dismiss the case. If you disagree with the decision, sometimes there are ways to take the matter further. You can obtain a record of the proceedings.
On this page:
The possible outcomes from a hearing or conference depend on the type of case.
The Commission Member may, for example:
- help the 2 sides reach an agreed settlement
- make an order for reinstatement or compensation for unfair dismissal
- uphold a jurisdictional objection and dismiss the case
- make a decision about whether to approve an enterprise agreement
- make an order to stop industrial action
- dismiss the case because the application lacked merit.
If you disagree with the outcome
In some cases you can appeal a decision or order. Find out how to appeal.
Find a decision or order
We put most decisions and orders in writing and publish them on this website.
Sometimes a Member will say their decision at the end of the hearing or conference. Our staff will write up an oral decision and put it on our website at a later date.
A Member can make a confidentiality order. This might mean that we:
- cannot publish any part of the decision or order
- can publish the decision or order but without certain details, such as names or financial information.
When a party does not follow an order
When we make an order, it is legally binding. This means the parties must follow it, by law. But we do not have the power to enforce an order ourselves.
Who can help you enforce an order depends on your case. For example, if an employer does not pay compensation in an unfair dismissal case, the employee may be able to take action in:
- the Federal Circuit Court of Australia or a state Magistrates Court
- the Fair Work Division of the Federal Court of Australia
- an eligible state or territory court such as a District or County Court or state industrial relations commission.
Find out more in Where to get help to enforce an order.
Get a transcript or audio recording
We publish transcripts of public hearings about 5 days afterwards.
If you can’t find a transcript, this may because:
- the Member's chambers didn't order one
- it is not available for privacy reasons
- it was an unfair dismissal case
- the matter was heard in a private conference
- it isn't ready yet.
We record most proceedings, except for conferences. You can request access to an audio file if you were a party or representative in the hearing. If we agree to your request, our external provider will arrange access to the file.