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  • Job loss or dismissal
    • Types of dismissal and termination
    • Unfair dismissal
      • About unfair dismissal
        • What is unfair dismissal?
        • Who the law protects from unfair dismissal
        • Check eligibility for unfair dismissal
      • The rules for small business owners
      • The process for unfair dismissal claims
      • Apply for unfair dismissal (Form F2)
        • Check you are ready to apply for unfair dismissal
      • Respond to an unfair dismissal claim
        • What to do when an employee claims unfair dismissal
        • Respond to a claim for unfair dismissal (Form F3)
          • Help with Form F3 – Employer response to unfair dismissal
        • Object to an unfair dismissal claim
          • Object to an application for unfair dismissal remedy (Form F4)
          • Jurisdiction hearings in unfair dismissal cases
      • Conciliation for unfair dismissal
        • What is conciliation?
        • Tips to prepare for conciliation
        • What happens in a conciliation meeting
        • Options at conciliation for unfair dismissal
        • The role of the independent conciliator
        • Ask to delay a conciliation
      • Withdraw your application for unfair dismissal
      • Possible results of unfair dismissal claims
        • Compensation for unfair dismissal
          • The formula to calculate compensation
        • Reinstatement after unfair dismissal
        • Outcomes or remedies at an unfair dismissal hearing
    • Dismissal under general protections
      • About general protections
        • Understand general protections
        • Who the general protections laws cover
          • The difference between contractors and employees
        • Check eligibility for general protections
        • What is adverse action?
        • Prohibited reasons in general protections
        • Other workplace protections
      • The process for general protections dismissal
      • Apply for general protections – dismissal (Form F8)
      • Responding to a general protections claim
        • Response to general protections application (Form F8A)
        • Object to a general protections dismissal claim
      • Conferences for general protections dismissal
        • Tips to prepare for a general protections conference
      • Possible outcomes of a general protections – dismissal case
      • Apply for arbitration of a general protections – dismissal case (Form F8B)
      • Take your general protections case to court
    • Unlawful termination
      • Apply for help with unlawful termination (Form F9)
      • Respond to an application for unlawful termination (Form F9A)
      • Agree to arbitration for unlawful termination (Form F9B)
    • Redundancy
    • Respond to a claim against a business
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to promote cooperative workplaces and prevent disputes (Form F79)
    • Bullying
      • The process to resolve workplace bullying
      • What is bullying at work?
        • About reasonable management action
      • What to do if you’re bullied at work
        • How we help stop workplace bullying
        • Who can apply to stop bullying
          • Check eligibility for an order to stop bullying
        • Apply to stop workplace bullying (Form F72)
      • Respond to a bullying claim
        • Respond as an employer or principal in a bullying application (Form F73)
        • Respond as a person named in a bullying application (Form F74)
      • Conciliation for bullying at work
        • Prepare for a conciliation session
    • Sexual harassment
      • Sexual harassment that occurred or started before 6 March 2023
        • What is sexual harassment at work
        • Who can apply for orders to stop sexual harassment at work
        • Discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed at work
        • Apply to stop sexual harassment at work
        • Respond to an application about sexual harassment at work
        • The Commission’s process to resolve sexual harassment at work
        • Conciliation about sexual harassment at work
        • Conferences and hearings about sexual harassment at work
      • Sexual harassment commencing from 6 March 2023
        • The prohibition on workplace sexual harassment
        • What is sexual harassment in connection with work?
        • Who can apply to us to deal with a sexual harassment dispute
        • Sexual harassment and discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed in connection with work
        • The process for sexual harassment dispute claims
        • How to apply to us to deal with a sexual harassment dispute
        • Apply to resolve a sexual harassment dispute (Form F75)
        • How to respond to a sexual harassment dispute application
        • Respond as an individual to an application to deal with a sexual harassment dispute (Form F76)
        • Respond as an employer or principal to an application to deal with a sexual harassment dispute (Form F77)
        • Member conferences and determinative hearings is sexual harassment disputes
          • Member conferences in sexual harassment disputes
          • Determinative conferences and hearings in sexual harassment disputes
          • Keeping the sexual harassment dispute case confidential
        • Sexual harassment disputes that are not resolved
    • Discrimination
    • Help for small business owners
      • What we are doing to help small business
    • Casual to permanent status
      • Apply to resolve a dispute about casual conversion (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • Disputes about general protections
      • Process for general protection disputes
      • Apply for general protections – no dismissal (Form F8C)
      • Responding to a general protections claim not involving dismissal
    • Industrial action
      • Organise a protected action ballot
        • Apply to hold a protected action ballot (Form F34)
        • Apply to extend the 30-day period for protected action (Form F34A)
      • Types of industrial action
      • Payments during industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • Cooperative Workplaces program
      • Interest-based approaches
      • Interest-based bargaining
      • Interest-based consultation
      • Interest-based problem-solving
    • Jobkeeper disputes
      • Apply to resolve a jobkeeper dispute (Form F13A)
  • Agreements & awards
    • Enterprise agreements
      • Find an enterprise agreement
        • Agreements in progress
      • About enterprise agreements
        • About single and multi-enterprise agreements
        • About greenfields agreements
        • Historical agreements and instruments
        • Statistical reports on enterprise agreements data
      • Make an enterprise agreement
        • The process to make an agreement
        • Before you start bargaining
          • Timeframes to make an agreement
          • Date calculator for single enterprise agreement
          • Plan to communicate your agreement
          • Bargaining representatives
            • Who can be a bargaining representative?
            • The role of representatives
            • Cancel a bargaining representative
          • Apply for a majority support determination (Form F30)
          • Request to bargain for a replacement agreement
        • Start bargaining
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Resolve a dispute about bargaining
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Apply for a serious breach declaration (Form F33)
          • How to bargain in good faith
          • NERR – Notice of Employee Representational Rights
            • Create the NERR
            • Distribute the NERR to employees
        • Develop the agreement
          • Finalise the draft enterprise agreement
          • Guide to the BOOT
            • How we apply the Better Off Overall Test
            • Check an agreement can pass the BOOT
          • Terms and dates to put in an agreement
          • When employees genuinely agree to an agreement
          • Avoid common errors in agreements
            • Meet the terms in the NES
            • Sign an agreement the right way
            • Make sure your NERR is valid
            • Make 'loaded' rates clear
            • Explain what you did in the access period
            • Ways to pass the BOOT
        • Hold a vote on the agreement
          • Explain the agreement to employees
          • What to give employees during the 'access period'
          • Voting process for agreements
          • Record how and when employees vote
        • Create a greenfields enterprise agreement
          • Apply to approve a greenfields agreement (Form F19)
      • Change a single enterprise agreement
        • Apply for approval to change an agreement (Form F23)
        • Employer's declaration to vary an agreement (Form F23A)
        • Union declaration for variation of an enterprise agreement (Form F23B)
        • Apply to vary an agreement to resolve a casual conversion issue (Form F23C)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
      • Approval of enterprise agreements
        • The process to approve an agreement
        • Requirements an agreement must meet
        • About undertakings in agreements
          • How to write an undertaking
        • Approval timelines for agreements
        • Is your agreement application ready to lodge?
        • Forms for approval of agreements
          • Apply to approve a new enterprise agreement (Form F16)
          • Employer declaration for an enterprise agreement (Form F17)
          • Union declaration for an enterprise agreement (Form F18)
          • Employee rep declaration for an agreement (Form F18A)
          • Employer's declaration for a greenfields agreement under s.182(3) (Form F20)
          • Union declaration for a greenfields agreement (Form F21)
          • Apply to approve a new greenfields agreement made under s.182(4) (Form F21A)
          • Employer's declaration for a greenfields agreement under s.182(4) (Form F21B)
          • Union declaration for approval for a greenfields agreement under s.182(4) (Form F21C)
      • Terminate an enterprise agreement
        • Apply to terminate an enterprise agreement by agreement (Form F24)
        • Ways to terminate an individual agreement (IABTI)
        • Declaration to support the termination of an agreement (Form F24A)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the expiry date (Form F24D)
      • Sunsetting of zombie agreements
        • Types of zombie agreements
        • Our list of possible zombie agreements
        • What to do if you have a zombie agreement
        • Extending a zombie agreement
        • Apply to extend a zombie agreement (Form F81)
    • Awards
      • Find an award
      • Create or change an award
        • Applications to create or change an award
        • Apply to create, change or revoke an award (Form F46)
      • Modern awards pay database
        • Data dictionary
        • Modern Awards Pay Database API
      • What awards contain
      • The difference between awards and agreements
      • Awards research
    • Minimum wages and conditions
      • The national minimum wage
        • National minimum wage orders
      • National Employment Standards
      • Where to find your pay and conditions
      • Superannuation
    • Gender pay equity
      • Gender pay equity in the Fair Work Act
      • Equal remuneration orders
      • Apply for an equal remuneration order (Form F46A)
  • Hearings & decisions
    • Hearings schedule
      • Adelaide hearings
      • Brisbane hearings
      • Canberra hearings
      • Darwin hearings
      • Hobart hearings
      • Melbourne hearings
      • Perth hearings
      • Sydney hearings
      • Regional hearings
    • How the Commission works
      • What to do when we set your tribunal date
      • About conferences and hearings
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • What happens during a hearing
        • Inside the hearing room
      • On the day of your conference or hearing
      • Recording a hearing or conference
      • Ask to delay a hearing or conference
    • Appeal a decision or order
      • The appeals process
        • Reasons you may appeal a decision or order
        • Who can appeal a decision?
        • How to appeal a decision
        • Order to ‘stay’ all or part of a decision
        • Create an appeal book
      • Prepare for an appeal hearing
        • Prepare an outline of submissions for an appeal
        • What happens in an appeal hearing
        • Who sits on an Appeal Bench?
      • Timetable of appeal hearings
      • Results of appeals
      • Apply for permission to appeal (Form F7)
    • Decisions and orders
      • National wage and safety net review decisions
      • Significant decisions and summaries
    • Major cases
      • 4 yearly review
        • All decisions and statements
        • Alleged NES inconsistencies
        • Awards under review
        • Common issues
          • Abandonment of employment
          • Annual leave
          • Annualised salaries
          • Apprentice conditions
          • Award flexibility
          • Blood donor leave
          • Casual employment
          • Family and domestic violence leave
          • Family friendly work arrangements
          • Micro business schedule
          • National Training Wage
          • Overtime for casuals
          • Part-time employment
          • Payment of wages
          • Penalty rates case
            • Decisions & statements
            • General Retail Industry Award
            • Hair and Beauty Industry Award
          • Public holidays
          • Transitional provisions
        • Final stage proceedings
        • Plain language re-drafting
          • Fast Food Industry Award
          • Hair and Beauty Industry Award
        • Timetable
      • Annual wage reviews
        • Annual Wage Review 2022–23
          • Additional material for the Annual Wage Review 2022-23
          • Correspondence for the Annual Wage Review 2022–23
          • Decisions & statements for the Annual Wage Review 2022–23
          • Notices of listing for the Annual Wage Review 2022–23
          • Research for the Annual Wage Review 2022–23
          • Statistical reporting for the Annual Wage Review 2022–23
          • Submissions for the Annual Wage Review 2022–23
          • Timetable for the Annual Wage Review 2022–23
          • Transcripts for the Annual Wage Review 2022–23
        • Annual Wage Review 2021–22
          • Additional material for the Annual Wage Review 2021–22
          • Correspondence for the Annual Wage Review 2021–22
          • Decisions & statements for the Annual Wage Review 2021–22
          • Determinations for the Annual Wage Review 2021–22
          • Draft determinations for the Annual Wage Review 2021–22
          • National Minimum Wage Order 2022
          • Notices of listing for the Annual Wage Review 2021–22
          • Research for the Annual Wage Review 2021–22
          • Statistical reporting for the Annual Wage Review 2021–22
          • Submissions for the Annual Wage Review 2021–22
          • Timetable for the Annual Wage Review 2021–22
          • Transcripts for the Annual Wage Review 2021–22
        • Annual Wage Review 2020–21
          • Additional material for the Annual Wage Review 2020–21
          • Consultations for the Annual Wage Review 2020–21
          • Correspondence for the Annual Wage Review 2020–21
          • Decisions & statements for the Annual Wage Review 2020–21
          • Determinations for the Annual Wage Review 2020–21
          • Draft determinations for the Annual Wage Review 2020–21
          • National Minimum Wage Order 2021
          • Notices of listing for the Annual Wage Review 2020–21
          • Research for the Annual Wage Review 2020–21
          • Statistical reporting for the Annual Wage Review 2020–21
          • Submissions for the Annual Wage Review 2020–21
            • Initial submissions for the Annual Wage Review 2020–21
            • Post-budget submissions for the Annual Wage Review 2020–21
            • Submissions in reply for the Annual Wage Review 2020–21
            • Supplementary submissions for the Annual Wage Review 2020–21
          • Timetable for the Annual Wage Review 2020–21
          • Transcripts for the Annual Wage Review 2020–21
        • Annual Wage Review 2019–20
          • Additional material for the Annual Wage Review 2019-20
          • Consultations for the Annual Wage Review 2019-20
          • Correspondence for the Annual Wage Review 2019-20
          • Decisions & statements for the Annual Wage Review 2019-20
          • Determinations for the Annual Wage Review 2019-20
          • Junior & apprentice rates in modern awards for the Annual Wage Review 2019-20
          • National Minimum Wage Order 2020
          • Notices of listing for the Annual Wage Review 2019-20
          • Research for the Annual Wage Review 2019-20
          • Research proposals for the Annual Wage Review 2019-20
          • Statistical reporting for the Annual Wage Review 2019-20
          • Submissions for the Annual Wage Review 2019-20
            • Initial submissions for the Annual Wage Review 2019-20
            • Submissions in reply for the Annual Wage Review 2019-20
            • Supplementary submissions for the Annual Wage Review 2019-20
          • Timetable for the Annual Wage Review 2019-20
          • Transcripts for the Annual Wage Review 2019-20
        • Annual Wage Review 2018–19
          • Additional material for the Annual Wage Review 2018-19
          • Consultations for the Annual Wage Review 2018-19
          • Correspondence for the Annual Wage Review 2018-19
          • Decisions & statements for the Annual Wage Review 2018-19
          • Determinations for the Annual Wage Review 2018-19
          • National Minimum Wage Order 2019
          • Notices of listing for the Annual Wage Review 2018-19
          • Research for the Annual Wage Review 2018-19
          • Statistical reporting for the Annual Wage Review 2018-19
          • Submissions for the Annual Wage Review 2018-19
            • Initial submissions for the Annual Wage Review 2018-19
            • Submissions in reply for the Annual Wage Review 2018-19
          • Timetable for the Annual Wage Review 2018-19
          • Transcripts for the Annual Wage Review 2018-19
        • Annual wage reviews archive
          • Annual Wage Review 2012–13
      • Application to terminate the Apple Retail Enterprise Agreement 2014
      • Award flexibility – Hospitality and retail sectors
        • Application to vary the Hospitality Award
        • Application to vary the Restaurant Award
        • Application to vary the Retail Award
        • Background material
        • Correspondence
        • Decisions and statements
        • Notices of listing and directions
        • Research and data
        • Submissions
        • Transcript
      • Ballot for withdrawal of ME Division from CFMMEU
      • Family and domestic violence leave review
        • Decisions & statements
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of certain C14 rates in modern awards
      • Superannuation fund reviews
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions & statements
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
      • Previous major cases
        • Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
        • Ballot for withdrawal of ME Division from CFMMEU
        • Ballot for withdrawal of Manufacturing Division from CFMMEU
        • Casual terms award review 2021
          • Background material
          • Correspondence
          • Decisions & statements
          • Determinations
          • Notices of listing & directions
          • Submissions
          • Transcripts
          • All documents
        • Clerks – Private Sector Award – Work from home case
        • Equal Remuneration Case 2010-12
          • Applications
          • Correspondence
          • Decisions & statements
          • Draft orders
          • Exhibits
          • Notices of listing
          • Site inspections
          • Submissions
          • Timetable
          • Transcripts
        • Equal Remuneration and Work Value Case
          • Applications
          • Correspondence
          • Decisions and statements
          • Legislation
          • Notices of listing and directions
          • Orders
          • Papers
          • Submissions
          • Timetable
          • Transcript
        • Health sector awards – pandemic leave case
          • Applications
          • Correspondence
          • Decisions and statements
          • Determinations
          • Information notes and articles
          • Notices of listing and directions
          • Orders
          • Submissions and witness statements
          • Transcript
        • Modern awards review 2012
          • Awards reviewed 2012
        • Svitzer Australia Pty Limited industrial action
        • Undergraduate qualifications review
    • Case law benchbooks
      • Anti-bullying benchbook
        • Overview of benchbook
        • What is workplace bullying?
        • Who is covered?
          • Definition of ‘worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking?
            • What is a Territory or a Commonwealth place?
            • What is a constitutional corporation?
            • What is the Commonwealth?
        • When is a worker bullied at work?
          • What does ‘at work’ mean?
          • Risk of continued bullying
          • What does ‘Reasonable management action’ mean?
        • Making an application
        • Responding to an application
        • What if the worker has been dismissed etc
        • Commission processes
          • Procedural issues
          • Representation by lawyers and paid agents
        • Evidence
        • What are the outcomes?
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
          • Appeals
          • Role of the Court
      • Enterprise agreements benchbook
        • Overview of benchbook
        • What is an enterprise agreement?
          • Single-enterprise agreement
          • Multi-enterprise agreement
          • Differences between single and multi-enterprise agreements
          • Greenfields agreement
        • Content of an enterprise agreement
          • Permitted matters
          • Coverage
          • Scope – who will be covered?
          • Terms & conditions of employment
          • Base rate of pay
          • Nominal expiry date
          • Mandatory terms
          • Flexibility term
          • Consultation term
          • Dispute settlement term
          • Optional terms
          • Terms that cannot be included
            • Terms that exclude the NES
            • Unlawful terms
            • Designated outworker terms
        • Agreement making process
          • Representation
          • Employees must be notified of their right to be represented
          • Bargaining representatives
        • Bargaining
          • Good faith bargaining
          • How long does bargaining take?
        • Voting
          • Voting process
          • Who can vote?
          • Timeframe for vote
          • Voting methods
          • When is an agreement made?
        • What happens if the parties cannot agree?
        • Making an application
          • Common defects & issues
            • National Employment Standards – common defects & issues
            • Better off overall test – common defects & issues
            • Mandatory terms – common defects & issues
            • Other terms of the agreement
            • Pre-approval requirements – common issues
            • Forms & lodgment – common defects & issues
          • Who must apply
          • Timeframe to apply – within 14 days
          • Material to accompany application
          • Signing an agreement
          • Employer must notify employees
        • Commission approval process
          • Genuine agreement
            • Minor procedural or technical errors
          • Where a scope order is in operation
          • Particular kinds of employees
          • Better off overall test (BOOT)
            • When an agreement passes
            • Classes of employees
            • Which award applies
            • Advice about coverage
            • Loaded rates of pay
          • Public interest test
          • Undertakings
          • Powers of the Commission
        • Associated applications
          • Majority support determinations
          • Authorisations to commence bargaining
            • Single interest employer authorisations
            • Ministerial declaration
            • Low-paid authorisations
          • Scope orders
          • Bargaining orders
          • Serious breach declarations
          • Disputes
          • Workplace determinations
            • Low-paid workplace determinations
            • Industrial action related workplace determinations
            • Bargaining related workplace determinations
          • Role of the Court
          • Appeals
          • Varying enterprise agreements
            • Varying by agreement
            • Ambiguity or uncertainty
            • Casual employee definition and casual conversion provisions
            • Discrimination
          • Terminating enterprise agreements
            • Terminating by agreement
            • After its nominal expiry date
          • Terminating individual agreements
      • General protections benchbook
        • Overview of benchbook
          • When is a person covered by the general protections?
        • What are the general protections?
        • How do the general protections work?
          • Rebuttable presumption as to reason or intent
        • Coverage for general protections
          • What is a constitutionally-covered entity?
          • What is a Territory or a Commonwealth place?
          • What is a trade and commerce employer?
          • What is a Territory employer?
          • What is a national system employer?
        • What if I am not covered by the general protections?
        • What is adverse action?
          • What is dismissal?
          • What is ‘injuring’ the employee in his or her employment?
          • What is altering the position of the employee to the employee’s prejudice?
          • What is discriminating between the employee and other employees of the employer?
          • Threatened action and organisation of action
          • Exclusions
        • Workplace rights – Division 3
          • Meaning of workplace right
          • Coercion
          • Undue influence or pressure
          • Misrepresentations
          • Requiring the use of COVIDSafe
        • Industrial activities – Division 4
          • What are industrial activities?
          • Coercion
          • Misrepresentations
          • Inducements – membership action
        • Other protections – Division 5
          • Discrimination
            • Race
            • Colour
            • Gender identity & sexual orientation
            • Age
            • Physical or mental disability
            • Marital status
            • Family or carer’s responsibilities
            • Pregnancy
            • Religion
            • Political opinion
            • National extraction
            • Social origin
          • Exceptions
          • Temporary absence – illness or injury
          • Bargaining services fees
          • Coverage by particular instruments
          • Coercion – allocation of duties to particular person
        • Sham arrangements – Division 6
          • Misrepresenting employment
          • Dismissing to engage as independent contractor
          • Misrepresentation to engage as independent contractor
        • Making an application
          • Dismissal applications
            • Timeframe for lodgment
            • Late lodgment
          • Non-dismissal applications
          • Other types of applications
            • Multiple actions relating to dismissal
            • Unfair dismissal
            • Unlawful termination
            • Court application (interim injunction)
            • Discrimination
        • Power to dismiss applications
        • Evidence
        • Commission process
          • Conferences & hearings
          • Dealing with different types of general protections disputes
          • Rescheduling or adjourning matters
          • Representation by lawyers and paid agents
          • Bias
        • Outcomes
        • Costs
          • When are costs ordered by the Commission?
          • Costs against representatives
        • Appeals
        • Role of the Court
          • Enforcement of Commission orders
          • Types of order made by the Court
      • Industrial action benchbook
        • What is industrial action?
          • Unprotected industrial action
            • Orders to stop or prevent unprotected industrial action
          • Protected industrial action
            • Immunity
            • Common requirements
            • Employee claim action
            • Employer response action
            • Employee response action
            • Pattern bargaining
        • Taking protected industrial action
          • Protected action ballots
            • Who may apply?
            • Making an application
            • Commission process
            • Varying a protected action ballot order
            • Revoking a protected action ballot order
          • Voting
            • Ballot agents
            • Who may vote – roll of voters
            • Ballot papers
            • Voting procedure
            • Scrutiny of the ballot
            • Results of the ballot
            • When is industrial action authorised?
          • Notice requirements
          • Commencing protected industrial action
        • Payments relating to industrial action
          • Partial work bans
          • Unprotected industrial action – payments
          • Standing down employees
        • Suspension or termination of protected industrial action
          • Powers of the Commission
            • When the Commission may suspend or terminate
            • When the Commission must suspend or terminate
              • Threats to persons or the economy
              • Suspending industrial action
            • Requirements relating to a period of suspension
          • Powers of the Minister
        • Enforcement
        • Appeals
      • Sexual harassment benchbook
        • Overview of benchbook
        • What is sexual harassment?
        • Who is covered by the laws to stop sexual harassment at work?
          • Definition of ‘Worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking (PCBU)?
              • What is a Commonwealth authority?
              • What is a Territory or a Commonwealth place?
              • What is a body corporate incorporated in a Territory?
              • What is the Commonwealth?
        • When is a worker sexually harassed at work?
          • What does ‘at work’ mean?
          • Reasonable belief of bullying or sexual harassment at work
        • Risk of continued sexual harassment
          • Absence of future risk of sexual harassment
          • Change in circumstances
          • Other options for workers who are no longer working for the employer/principal
        • Making an application
          • Responding to an application
        • Commission process – Hearings and conferences
          • Powers of the Commission
          • Procedural issues
          • Representation by lawyers and paid agents
            • Notification of ‘acting for’ a person
            • What is representation?
            • When will permission be granted?
            • Exception – Conference by staff conciliator
            • Representation – Not in a conference or hearing
          • Bias
          • Rescheduling or adjourning matters
        • Evidence
          • Privilege against self-incrimination
        • What are the outcomes?
          • Conciliated outcomes
          • Orders to stop bullying or sexual harassment (or both) at work
          • Considerations
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
            • What are costs?
            • Applying for costs
            • When are costs ordered?
          • Appeals
          • Role of the Court
      • Unfair dismissals benchbook
        • Overview of unfair dismissal
        • Coverage for unfair dismissal
          • Who is protected from unfair dismissal?
          • People excluded from national unfair dismissal laws
            • Independent contractors
            • Labour hire workers
            • Vocational placements & volunteers
            • Public sector employment
          • Constitutional corporations
          • High income threshold
          • Modern award coverage
          • Application of an enterprise agreement
          • What is the minimum period of employment?
            • How do you calculate the minimum period of employment?
            • What is continuous service?
            • What is an excluded period?
          • Bankruptcy
          • Insolvency
        • What is dismissal?
          • When does a dismissal take effect?
          • Terminated at the employer's initiative
          • Forced resignation
          • Demotion
          • Contract for a specified period of time
          • Contract for a specified task
          • Contract for a specified season
          • Training arrangement
          • What is a transfer of employment?
          • Periods of service as a casual employee
          • What is a genuine redundancy?
            • Job no longer required due to changes in operational requirements
            • Consultation obligations
            • Redeployment
          • What is the Small Business Fair Dismissal Code?
        • What makes a dismissal unfair?
          • Valid reason relating to capacity or conduct
            • Capacity
            • Conduct
          • Notification of reason for dismissal
          • Opportunity to respond
          • Unreasonable refusal of a support person
          • Warnings – unsatisfactory performance
          • Size of employer's enterprise & human resources specialists
          • Other relevant matters
        • Making an application
          • Application fee
          • Timeframe for lodgment
          • Extension of time for lodging an application
          • Who is the employer?
          • Multiple actions
          • Discontinuing an application
        • Objecting to an application
        • Commission process – conciliations, hearings and conferences
          • Conciliation
          • Hearings and conferences
          • Preparing for hearings and conferences
          • Representation by lawyers and paid agents
          • Rescheduling or adjourning matters
          • Bias
        • Remedies
          • Reinstatement
            • Order for reinstatement cannot be subject to conditions
            • Order to maintain continuity
            • Order to restore lost pay
          • Compensation
            • Calculating compensation
            • Instalments
            • Mitigation
            • Remuneration
            • Any other matters that the Commission considers relevant
            • Compensation cap
        • Dismissing an application
        • Evidence
        • Costs
          • Costs against representatives
          • Security for costs
        • Appeals
          • Staying decisions
        • Role of the Court
      • JobKeeper disputes benchbook
        • Introduction
          • Overview of the Coronavirus Economic Response provisions in the Fair Work Act
        • JobKeeper enabling directions – general information
          • Service & entitlement accrual while a JobKeeper enabling direction applies
          • When a JobKeeper enabling direction will have no effect
          • Stand downs that are not jobkeeper enabling stand downs
          • Employee requests for secondary employment, training and professional development during a jobkeeper enabling stand down
        • JobKeeper enabling stand down directions – employers currently entitled to jobkeeper payments
          • Directions about duties & location of work
        • Jobkeeper enabling directions – employers previously entitled to jobkeeper payments
          • Jobkeeper enabling stand down directions – employer previously entitled to jobkeeper payment for employee
          • Directions about duties & location of work – employer previously entitled to jobkeeper payment for employee
          • Termination of a jobkeeper enabling direction made by a legacy employer
        • Agreements about days or times of work
          • Agreements about days or times of work – employers currently entitled to jobkeeper payments
          • Agreements about days or times of work – employers previously entitled to jobkeeper payment for employee
          • Termination of an agreement about days or times of work
        • Employer payment obligations
          • Wage condition
          • Minimum payment guarantee
          • Hourly rate of pay guarantee
        • Agreements about annual leave
        • Protections
        • Jobkeeper disputes the Commission cannot assist with
        • Applications to deal with a dispute about the operation of Part 6-4C
          • Who can make an application
          • Responding to an application
          • Objecting to an application
          • Discontinuing an application
        • Commission process
          • General information
          • Conferences & hearings during the COVID-19 pandemic
          • Procedural issues
        • Evidence
        • Outcomes of Commission dispute resolution under Part 6-4C
          • Contravening an order of the Commission
          • Appeals
          • Role of the Court
        • Attachments
        • Attachment 5 – Jobkeeper provisions that continue to apply on or after 29 March 2021
      • References in the benchbooks
      • Vaccination related matters
    • Practice notes
      • Appeal proceedings
      • Discontinuing matters
      • Fair hearings
      • Lawyers & paid agents
      • Orders to attend & orders to produce
      • Requests to appear remotely
      • Unfair dismissal proceedings
    • Transcripts and recordings
      • Recent transcripts
      • Ceremonial sittings transcripts
  • Registered organisations
    • Changes to our role with registered organisations
    • Entry permits
      • Find an entry permit
      • When an official can enter a workplace
      • Training that permit holders must complete
      • When to return an entry permit
      • About Fair Work entry permits
        • Who can hold a Fair Work Entry permit
        • How to apply for a Fair Work entry permit
          • Entry permit – photo and signature declaration (Form F42C)
        • Apply for a Fair Work entry permit (Form F42)
        • How we process Fair Work entry permit applications
        • Rules for a Fair Work entry notice
        • Rights and obligations of Fair Work entry permit holders
        • Apply for an affected member certificate (Form F45)
        • Apply to be exempt from providing an entry notice (Form F44)
      • About Work Health and Safety entry permits
        • Apply for a WHS entry permit (Form F42A)
        • Statutory declaration to support an application for a WHS entry permit (Form F42B)
        • Rules for a WHS entry notice
        • Rights and obligations of WHS permit holders
      • Disputes about entry to workplaces
        • Apply to resolve a right of entry dispute (Form F12)
    • Notices in the Gazette
    • Find a registered organisation
      • Find a recognised state-registered association
    • What is a registered organisation
      • Object to joining an employee or employer association (Form F69)
      • Services for employer associations, unions and enterprise unions
      • Rules for unions and employer associations
      • Change the rules of a union or employer association
        • Apply to change the name of a registered organisation (Form F67)
        • Apply to change the eligibility rules of a employer association or union (Form F68)
        • Application for leave to change name and to alter rules (Form F59)
        • Apply to change eligibility rules of a federal counterpart (Form F68A)
        • Apply to change 'other' rules of a registered organisation
      • Renew an objection to joining an employee or employer association (Form F70)
    • Become a registered union or employer association
      • Apply to register a union (Form F56)
      • Apply to register an employer association (Form F55)
      • Apply to register an enterprise union (Form F57)
      • Apply for recognition as an RSRA
      • Object to the registration of an association (Form F58)
    • Merge registered organisations
      • Ballot paper for proposed amalgamation (Form F64)
      • Ballot paper chosen by organisation for proposed amalgamation (Form F63)
      • Ballot paper chosen by organisation with alternative to proposed amalgamation (Form F65)
      • Ballot paper with alternative to proposed amalgamation (Form F66)
    • Cancelling an organisation's registration
      • Apply to cancel an organisation's registration (Form F62)
      • Application by an organisation to cancel an organisation's registration (Form F60)
      • Object to the cancellation of an organisation's registration (Form F61)
  • Apply or lodge
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      • Where to find legal help
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        • How the Commission can and can’t help
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        • Request form for WAS
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      • If you decide to represent yourself
      • Representatives and the rules they must follow
        • Notify us that you have a representative, or that they plan to act for you (Form F53)
        • Notice that a representative has stopped acting for a person (Form F54)
        • How we decide if a lawyer or paid agent can take part
      • Support for your health and wellbeing
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      • Ask to waive an application fee (Form F80)
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Hearings & decisions

  • Hearings schedule
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  • How the Commission works
    • What to do when we set your tribunal date
    • About conferences and hearings
    • Prepare for a conference or hearing
    • Possible outcomes of a hearing or conference
    • What happens during a hearing
      • Inside the hearing room
    • On the day of your conference or hearing
    • Recording a hearing or conference
    • Ask to delay a hearing or conference
  • Appeal a decision or order
    • The appeals process
      • Reasons you may appeal a decision or order
      • Who can appeal a decision?
      • How to appeal a decision
      • Order to ‘stay’ all or part of a decision
      • Create an appeal book
    • Prepare for an appeal hearing
      • Prepare an outline of submissions for an appeal
      • What happens in an appeal hearing
      • Who sits on an Appeal Bench?
    • Timetable of appeal hearings
    • Results of appeals
    • Apply for permission to appeal (Form F7)
  • Decisions and orders
    • National wage and safety net review decisions
    • Significant decisions and summaries
  • Major cases
    • 4 yearly review
      • All decisions and statements
      • Alleged NES inconsistencies
      • Awards under review
      • Common issues
        • Abandonment of employment
        • Annual leave
        • Annualised salaries
        • Apprentice conditions
        • Award flexibility
        • Blood donor leave
        • Casual employment
        • Family and domestic violence leave
        • Family friendly work arrangements
        • Micro business schedule
        • National Training Wage
        • Overtime for casuals
        • Part-time employment
        • Payment of wages
        • Penalty rates case
          • Decisions & statements
          • General Retail Industry Award
          • Hair and Beauty Industry Award
        • Public holidays
        • Transitional provisions
      • Final stage proceedings
      • Plain language re-drafting
        • Fast Food Industry Award
        • Hair and Beauty Industry Award
      • Timetable
    • Annual wage reviews
      • Annual Wage Review 2022–23
        • Additional material for the Annual Wage Review 2022-23
        • Correspondence for the Annual Wage Review 2022–23
        • Decisions & statements for the Annual Wage Review 2022–23
        • Notices of listing for the Annual Wage Review 2022–23
        • Research for the Annual Wage Review 2022–23
        • Statistical reporting for the Annual Wage Review 2022–23
        • Submissions for the Annual Wage Review 2022–23
        • Timetable for the Annual Wage Review 2022–23
        • Transcripts for the Annual Wage Review 2022–23
      • Annual Wage Review 2021–22
        • Additional material for the Annual Wage Review 2021–22
        • Correspondence for the Annual Wage Review 2021–22
        • Decisions & statements for the Annual Wage Review 2021–22
        • Determinations for the Annual Wage Review 2021–22
        • Draft determinations for the Annual Wage Review 2021–22
        • National Minimum Wage Order 2022
        • Notices of listing for the Annual Wage Review 2021–22
        • Research for the Annual Wage Review 2021–22
        • Statistical reporting for the Annual Wage Review 2021–22
        • Submissions for the Annual Wage Review 2021–22
        • Timetable for the Annual Wage Review 2021–22
        • Transcripts for the Annual Wage Review 2021–22
      • Annual Wage Review 2020–21
        • Additional material for the Annual Wage Review 2020–21
        • Consultations for the Annual Wage Review 2020–21
        • Correspondence for the Annual Wage Review 2020–21
        • Decisions & statements for the Annual Wage Review 2020–21
        • Determinations for the Annual Wage Review 2020–21
        • Draft determinations for the Annual Wage Review 2020–21
        • National Minimum Wage Order 2021
        • Notices of listing for the Annual Wage Review 2020–21
        • Research for the Annual Wage Review 2020–21
        • Statistical reporting for the Annual Wage Review 2020–21
        • Submissions for the Annual Wage Review 2020–21
          • Initial submissions for the Annual Wage Review 2020–21
          • Post-budget submissions for the Annual Wage Review 2020–21
          • Submissions in reply for the Annual Wage Review 2020–21
          • Supplementary submissions for the Annual Wage Review 2020–21
        • Timetable for the Annual Wage Review 2020–21
        • Transcripts for the Annual Wage Review 2020–21
      • Annual Wage Review 2019–20
        • Additional material for the Annual Wage Review 2019-20
        • Consultations for the Annual Wage Review 2019-20
        • Correspondence for the Annual Wage Review 2019-20
        • Decisions & statements for the Annual Wage Review 2019-20
        • Determinations for the Annual Wage Review 2019-20
        • Junior & apprentice rates in modern awards for the Annual Wage Review 2019-20
        • National Minimum Wage Order 2020
        • Notices of listing for the Annual Wage Review 2019-20
        • Research for the Annual Wage Review 2019-20
        • Research proposals for the Annual Wage Review 2019-20
        • Statistical reporting for the Annual Wage Review 2019-20
        • Submissions for the Annual Wage Review 2019-20
          • Initial submissions for the Annual Wage Review 2019-20
          • Submissions in reply for the Annual Wage Review 2019-20
          • Supplementary submissions for the Annual Wage Review 2019-20
        • Timetable for the Annual Wage Review 2019-20
        • Transcripts for the Annual Wage Review 2019-20
      • Annual Wage Review 2018–19
        • Additional material for the Annual Wage Review 2018-19
        • Consultations for the Annual Wage Review 2018-19
        • Correspondence for the Annual Wage Review 2018-19
        • Decisions & statements for the Annual Wage Review 2018-19
        • Determinations for the Annual Wage Review 2018-19
        • National Minimum Wage Order 2019
        • Notices of listing for the Annual Wage Review 2018-19
        • Research for the Annual Wage Review 2018-19
        • Statistical reporting for the Annual Wage Review 2018-19
        • Submissions for the Annual Wage Review 2018-19
          • Initial submissions for the Annual Wage Review 2018-19
          • Submissions in reply for the Annual Wage Review 2018-19
        • Timetable for the Annual Wage Review 2018-19
        • Transcripts for the Annual Wage Review 2018-19
      • Annual wage reviews archive
        • Annual Wage Review 2012–13
    • Application to terminate the Apple Retail Enterprise Agreement 2014
    • Award flexibility – Hospitality and retail sectors
      • Application to vary the Hospitality Award
      • Application to vary the Restaurant Award
      • Application to vary the Retail Award
      • Background material
      • Correspondence
      • Decisions and statements
      • Notices of listing and directions
      • Research and data
      • Submissions
      • Transcript
    • Ballot for withdrawal of ME Division from CFMMEU
    • Family and domestic violence leave review
      • Decisions & statements
    • Proposed On Demand Delivery Services Award (Menulog)
    • Review of certain C14 rates in modern awards
    • Superannuation fund reviews
    • Work value case – Aged Care Industry
      • Correspondence
      • Decisions & statements
      • Notices of listing & directions
      • Research and information
      • Submissions
      • Transcript
    • Previous major cases
      • Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
      • Ballot for withdrawal of ME Division from CFMMEU
      • Ballot for withdrawal of Manufacturing Division from CFMMEU
      • Casual terms award review 2021
        • Background material
        • Correspondence
        • Decisions & statements
        • Determinations
        • Notices of listing & directions
        • Submissions
        • Transcripts
        • All documents
      • Clerks – Private Sector Award – Work from home case
      • Equal Remuneration Case 2010-12
        • Applications
        • Correspondence
        • Decisions & statements
        • Draft orders
        • Exhibits
        • Notices of listing
        • Site inspections
        • Submissions
        • Timetable
        • Transcripts
      • Equal Remuneration and Work Value Case
        • Applications
        • Correspondence
        • Decisions and statements
        • Legislation
        • Notices of listing and directions
        • Orders
        • Papers
        • Submissions
        • Timetable
        • Transcript
      • Health sector awards – pandemic leave case
        • Applications
        • Correspondence
        • Decisions and statements
        • Determinations
        • Information notes and articles
        • Notices of listing and directions
        • Orders
        • Submissions and witness statements
        • Transcript
      • Modern awards review 2012
        • Awards reviewed 2012
      • Svitzer Australia Pty Limited industrial action
      • Undergraduate qualifications review
  • Case law benchbooks
    • Anti-bullying benchbook
      • Overview of benchbook
      • What is workplace bullying?
      • Who is covered?
        • Definition of ‘worker’
        • Definition of ‘constitutionally-covered business’
          • What is a person conducting a business or undertaking?
          • What is a Territory or a Commonwealth place?
          • What is a constitutional corporation?
          • What is the Commonwealth?
      • When is a worker bullied at work?
        • What does ‘at work’ mean?
        • Risk of continued bullying
        • What does ‘Reasonable management action’ mean?
      • Making an application
      • Responding to an application
      • What if the worker has been dismissed etc
      • Commission processes
        • Procedural issues
        • Representation by lawyers and paid agents
      • Evidence
      • What are the outcomes?
        • When can the Commission dismiss an application?
        • Contravening an order of the Commission
      • Associated applications
        • Costs
        • Appeals
        • Role of the Court
    • Enterprise agreements benchbook
      • Overview of benchbook
      • What is an enterprise agreement?
        • Single-enterprise agreement
        • Multi-enterprise agreement
        • Differences between single and multi-enterprise agreements
        • Greenfields agreement
      • Content of an enterprise agreement
        • Permitted matters
        • Coverage
        • Scope – who will be covered?
        • Terms & conditions of employment
        • Base rate of pay
        • Nominal expiry date
        • Mandatory terms
        • Flexibility term
        • Consultation term
        • Dispute settlement term
        • Optional terms
        • Terms that cannot be included
          • Terms that exclude the NES
          • Unlawful terms
          • Designated outworker terms
      • Agreement making process
        • Representation
        • Employees must be notified of their right to be represented
        • Bargaining representatives
      • Bargaining
        • Good faith bargaining
        • How long does bargaining take?
      • Voting
        • Voting process
        • Who can vote?
        • Timeframe for vote
        • Voting methods
        • When is an agreement made?
      • What happens if the parties cannot agree?
      • Making an application
        • Common defects & issues
          • National Employment Standards – common defects & issues
          • Better off overall test – common defects & issues
          • Mandatory terms – common defects & issues
          • Other terms of the agreement
          • Pre-approval requirements – common issues
          • Forms & lodgment – common defects & issues
        • Who must apply
        • Timeframe to apply – within 14 days
        • Material to accompany application
        • Signing an agreement
        • Employer must notify employees
      • Commission approval process
        • Genuine agreement
          • Minor procedural or technical errors
        • Where a scope order is in operation
        • Particular kinds of employees
        • Better off overall test (BOOT)
          • When an agreement passes
          • Classes of employees
          • Which award applies
          • Advice about coverage
          • Loaded rates of pay
        • Public interest test
        • Undertakings
        • Powers of the Commission
      • Associated applications
        • Majority support determinations
        • Authorisations to commence bargaining
          • Single interest employer authorisations
          • Ministerial declaration
          • Low-paid authorisations
        • Scope orders
        • Bargaining orders
        • Serious breach declarations
        • Disputes
        • Workplace determinations
          • Low-paid workplace determinations
          • Industrial action related workplace determinations
          • Bargaining related workplace determinations
        • Role of the Court
        • Appeals
        • Varying enterprise agreements
          • Varying by agreement
          • Ambiguity or uncertainty
          • Casual employee definition and casual conversion provisions
          • Discrimination
        • Terminating enterprise agreements
          • Terminating by agreement
          • After its nominal expiry date
        • Terminating individual agreements
    • General protections benchbook
      • Overview of benchbook
        • When is a person covered by the general protections?
      • What are the general protections?
      • How do the general protections work?
        • Rebuttable presumption as to reason or intent
      • Coverage for general protections
        • What is a constitutionally-covered entity?
        • What is a Territory or a Commonwealth place?
        • What is a trade and commerce employer?
        • What is a Territory employer?
        • What is a national system employer?
      • What if I am not covered by the general protections?
      • What is adverse action?
        • What is dismissal?
        • What is ‘injuring’ the employee in his or her employment?
        • What is altering the position of the employee to the employee’s prejudice?
        • What is discriminating between the employee and other employees of the employer?
        • Threatened action and organisation of action
        • Exclusions
      • Workplace rights – Division 3
        • Meaning of workplace right
        • Coercion
        • Undue influence or pressure
        • Misrepresentations
        • Requiring the use of COVIDSafe
      • Industrial activities – Division 4
        • What are industrial activities?
        • Coercion
        • Misrepresentations
        • Inducements – membership action
      • Other protections – Division 5
        • Discrimination
          • Race
          • Colour
          • Gender identity & sexual orientation
          • Age
          • Physical or mental disability
          • Marital status
          • Family or carer’s responsibilities
          • Pregnancy
          • Religion
          • Political opinion
          • National extraction
          • Social origin
        • Exceptions
        • Temporary absence – illness or injury
        • Bargaining services fees
        • Coverage by particular instruments
        • Coercion – allocation of duties to particular person
      • Sham arrangements – Division 6
        • Misrepresenting employment
        • Dismissing to engage as independent contractor
        • Misrepresentation to engage as independent contractor
      • Making an application
        • Dismissal applications
          • Timeframe for lodgment
          • Late lodgment
        • Non-dismissal applications
        • Other types of applications
          • Multiple actions relating to dismissal
          • Unfair dismissal
          • Unlawful termination
          • Court application (interim injunction)
          • Discrimination
      • Power to dismiss applications
      • Evidence
      • Commission process
        • Conferences & hearings
        • Dealing with different types of general protections disputes
        • Rescheduling or adjourning matters
        • Representation by lawyers and paid agents
        • Bias
      • Outcomes
      • Costs
        • When are costs ordered by the Commission?
        • Costs against representatives
      • Appeals
      • Role of the Court
        • Enforcement of Commission orders
        • Types of order made by the Court
    • Industrial action benchbook
      • What is industrial action?
        • Unprotected industrial action
          • Orders to stop or prevent unprotected industrial action
        • Protected industrial action
          • Immunity
          • Common requirements
          • Employee claim action
          • Employer response action
          • Employee response action
          • Pattern bargaining
      • Taking protected industrial action
        • Protected action ballots
          • Who may apply?
          • Making an application
          • Commission process
          • Varying a protected action ballot order
          • Revoking a protected action ballot order
        • Voting
          • Ballot agents
          • Who may vote – roll of voters
          • Ballot papers
          • Voting procedure
          • Scrutiny of the ballot
          • Results of the ballot
          • When is industrial action authorised?
        • Notice requirements
        • Commencing protected industrial action
      • Payments relating to industrial action
        • Partial work bans
        • Unprotected industrial action – payments
        • Standing down employees
      • Suspension or termination of protected industrial action
        • Powers of the Commission
          • When the Commission may suspend or terminate
          • When the Commission must suspend or terminate
          • Requirements relating to a period of suspension
        • Powers of the Minister
      • Enforcement
      • Appeals
    • Sexual harassment benchbook
      • Overview of benchbook
      • What is sexual harassment?
      • Who is covered by the laws to stop sexual harassment at work?
        • Definition of ‘Worker’
        • Definition of ‘constitutionally-covered business’
          • What is a person conducting a business or undertaking (PCBU)?
      • When is a worker sexually harassed at work?
        • What does ‘at work’ mean?
        • Reasonable belief of bullying or sexual harassment at work
      • Risk of continued sexual harassment
        • Absence of future risk of sexual harassment
        • Change in circumstances
        • Other options for workers who are no longer working for the employer/principal
      • Making an application
        • Responding to an application
      • Commission process – Hearings and conferences
        • Powers of the Commission
        • Procedural issues
        • Representation by lawyers and paid agents
          • Notification of ‘acting for’ a person
          • What is representation?
          • When will permission be granted?
          • Exception – Conference by staff conciliator
          • Representation – Not in a conference or hearing
        • Bias
        • Rescheduling or adjourning matters
      • Evidence
        • Privilege against self-incrimination
      • What are the outcomes?
        • Conciliated outcomes
        • Orders to stop bullying or sexual harassment (or both) at work
        • Considerations
        • When can the Commission dismiss an application?
        • Contravening an order of the Commission
      • Associated applications
        • Costs
          • What are costs?
          • Applying for costs
          • When are costs ordered?
        • Appeals
        • Role of the Court
    • Unfair dismissals benchbook
      • Overview of unfair dismissal
      • Coverage for unfair dismissal
        • Who is protected from unfair dismissal?
        • People excluded from national unfair dismissal laws
          • Independent contractors
          • Labour hire workers
          • Vocational placements & volunteers
          • Public sector employment
        • Constitutional corporations
        • High income threshold
        • Modern award coverage
        • Application of an enterprise agreement
        • What is the minimum period of employment?
          • How do you calculate the minimum period of employment?
          • What is continuous service?
          • What is an excluded period?
        • Bankruptcy
        • Insolvency
      • What is dismissal?
        • When does a dismissal take effect?
        • Terminated at the employer's initiative
        • Forced resignation
        • Demotion
        • Contract for a specified period of time
        • Contract for a specified task
        • Contract for a specified season
        • Training arrangement
        • What is a transfer of employment?
        • Periods of service as a casual employee
        • What is a genuine redundancy?
          • Job no longer required due to changes in operational requirements
          • Consultation obligations
          • Redeployment
        • What is the Small Business Fair Dismissal Code?
      • What makes a dismissal unfair?
        • Valid reason relating to capacity or conduct
          • Capacity
          • Conduct
        • Notification of reason for dismissal
        • Opportunity to respond
        • Unreasonable refusal of a support person
        • Warnings – unsatisfactory performance
        • Size of employer's enterprise & human resources specialists
        • Other relevant matters
      • Making an application
        • Application fee
        • Timeframe for lodgment
        • Extension of time for lodging an application
        • Who is the employer?
        • Multiple actions
        • Discontinuing an application
      • Objecting to an application
      • Commission process – conciliations, hearings and conferences
        • Conciliation
        • Hearings and conferences
        • Preparing for hearings and conferences
        • Representation by lawyers and paid agents
        • Rescheduling or adjourning matters
        • Bias
      • Remedies
        • Reinstatement
          • Order for reinstatement cannot be subject to conditions
          • Order to maintain continuity
          • Order to restore lost pay
        • Compensation
          • Calculating compensation
          • Instalments
          • Mitigation
          • Remuneration
          • Any other matters that the Commission considers relevant
          • Compensation cap
      • Dismissing an application
      • Evidence
      • Costs
        • Costs against representatives
        • Security for costs
      • Appeals
        • Staying decisions
      • Role of the Court
    • JobKeeper disputes benchbook
      • Introduction
        • Overview of the Coronavirus Economic Response provisions in the Fair Work Act
      • JobKeeper enabling directions – general information
        • Service & entitlement accrual while a JobKeeper enabling direction applies
        • When a JobKeeper enabling direction will have no effect
        • Stand downs that are not jobkeeper enabling stand downs
        • Employee requests for secondary employment, training and professional development during a jobkeeper enabling stand down
      • JobKeeper enabling stand down directions – employers currently entitled to jobkeeper payments
        • Directions about duties & location of work
      • Jobkeeper enabling directions – employers previously entitled to jobkeeper payments
        • Jobkeeper enabling stand down directions – employer previously entitled to jobkeeper payment for employee
        • Directions about duties & location of work – employer previously entitled to jobkeeper payment for employee
        • Termination of a jobkeeper enabling direction made by a legacy employer
      • Agreements about days or times of work
        • Agreements about days or times of work – employers currently entitled to jobkeeper payments
        • Agreements about days or times of work – employers previously entitled to jobkeeper payment for employee
        • Termination of an agreement about days or times of work
      • Employer payment obligations
        • Wage condition
        • Minimum payment guarantee
        • Hourly rate of pay guarantee
      • Agreements about annual leave
      • Protections
      • Jobkeeper disputes the Commission cannot assist with
      • Applications to deal with a dispute about the operation of Part 6-4C
        • Who can make an application
        • Responding to an application
        • Objecting to an application
        • Discontinuing an application
      • Commission process
        • General information
        • Conferences & hearings during the COVID-19 pandemic
        • Procedural issues
      • Evidence
      • Outcomes of Commission dispute resolution under Part 6-4C
        • Contravening an order of the Commission
        • Appeals
        • Role of the Court
      • Attachments
      • Attachment 5 – Jobkeeper provisions that continue to apply on or after 29 March 2021
    • References in the benchbooks
    • Vaccination related matters
  • Practice notes
    • Appeal proceedings
    • Discontinuing matters
    • Fair hearings
    • Lawyers & paid agents
    • Orders to attend & orders to produce
    • Requests to appear remotely
    • Unfair dismissal proceedings
  • Transcripts and recordings
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Determinations for the Annual Wage Review 2021–22

Introduction

Each financial year the Commission reviews and sets minimum wages. These are the determinations for the Annual Wage Review 2021–22. 

On this page:

  • About the determinations
  • Determinations
  • Method for adjusting modern award minimum wages
  • Method for adjusting expense-related allowances
  • Consolidated list of expense-related allowances
  • Supported wage system
  • National Training Wage – reference to Miscellaneous Award 2020
  • Notes
Content

About the determinations

On 15 June 2022, the Expert Panel of the Fair Work Commission issued the  Annual Wage Review 2021–22 decision [2022] FWCFB 3500  to change modern award minimum rates. 

For most awards the changes will take effect from the first full pay period that starts on or after 1 July 2022. 

For these awards the changes will take effect from the first full pay period that starts on or after 1 October 2022: 

  • Aircraft Cabin Crew Award 2020  
  • Airline Operations – Ground Staff Award 2020  
  • Air Pilots Award 2020  
  • Airport Employees Award 2020  
  • Airservices Australia Enterprise Award 2016 
  • Alpine Resorts Award 2020  
  • Hospitality Industry (General) Award 2020  
  • Marine Tourism and Charter Vessels Award 2020  
  • Registered and Licensed Clubs Award 2020  
  • Restaurant Industry Award 2020.  

On this page you will find:

  • Determinations adjusting minimum wages in the modern industry and occupational awards, the modern enterprise awards and the State reference public sector modern awards
  • Determinations adjusting expense-related allowances for awards

Determinations

Award title Award ID Allowances determinations Wages determinations
Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 MA000115 PR740964 PR740801
Aboriginal Legal Rights Movement Award 2016 MA000139 PR740987 PR740828
Aged Care Award 2010 MA000018 PR740866 PR740693
Air Pilots Award 2020 MA000046 PR740894 PR740726
Aircraft Cabin Crew Award 2020 MA000047 PR740895 PR740727
Airline Operations – Ground Staff Award 2020 MA000048 PR740896 PR740728
Airport Employees Award 2020 MA000049 PR740897 PR740729
Airservices Australia Enterprise Award 2016 MA000141 PR740989

PR740830

PR746041 (correction)

Alpine Resorts Award 2020 MA000092 PR740941 PR740778
Aluminium Industry Award 2020 MA000060 PR740908 PR740743
Ambulance and Patient Transport Industry Award 2020 MA000098 PR740947 PR740784
Amusement, Events and Recreation Award 2020 MA000080 PR740929 PR740764
Animal Care and Veterinary Services Award 2020 MA000118 PR740967 PR740804
Aquaculture Industry Award 2020 MA000114 PR740963 PR740800
Architects Award 2020 MA000079 PR740928 PR740763
Asphalt Industry Award 2020 MA000054 PR740902 PR740734
Australia Post Enterprise Award 2015 MA000137 PR740985 PR740826
Australian Broadcasting Corporation Enterprise Award 2016 MA000147 PR740994 PR740836
Australian Bureau of Statistics (Interviewers) Enterprise Award 2016 MA000143 Note 1 PR740832
Australian Capital Territory Public Sector Enterprise Award 2016 MA000146 PR740993 PR740835
Australian Federal Police Enterprise Award 2016 MA000142 PR740990 PR740831
Australian Government Industry Award 2016 MA000153 PR740999 PR740843
Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016 MA000144 PR740991 PR740833
Australian Public Service Enterprise Award 2015 MA000124 PR740973 PR740813
Banking, Finance and Insurance Award 2020 MA000019 PR740867 PR740694
Black Coal Mining Industry Award 2020 MA000001 PR740847 PR740673
Book Industry Award 2020 MA000078 Note 1 PR740762
Broadcasting, Recorded Entertainment and Cinemas Award 2020 MA000091 PR740940 PR740777
Building and Construction General On-site Award 2020 MA000020 PR740868 PR740696
Business Equipment Award 2020 MA000021 PR740870 PR740697
Car Parking Award 2020 MA000095 PR740944 PR740781
Cement, Lime and Quarrying Award 2020 MA000055 PR740903 PR740735
Cemetery Industry Award 2020 MA000070 PR740920 PR740754
Children's Services Award 2010 MA000120 PR740969 PR740806
Christmas Island Administration Enterprise Award 2016 MA000149 PR740996 PR740838
Chullora Printing Award 2015 MA000127 PR740976 PR740816
Cleaning Services Award 2020 MA000022 PR740871 PR740698
Clerks – Private Sector Award 2020 MA000002 PR740848 PR740674
Coal Export Terminals Award 2020 MA000045 PR740893 PR740725
Commercial Sales Award 2020 MA000083 PR740932 PR740768
Concrete Products Award 2020 MA000056 PR740904 PR740736
Contract Call Centres Award 2020 MA000023 PR740872 PR740699
Corrections and Detention (Private Sector) Award 2020 MA000110 PR740959 PR740796
Cotton Ginning Award 2020 MA000024 PR740873 PR740700
CSIRO Enterprise Award 2016 MA000148 PR740995 PR740837
Dredging Industry Award 2020 MA000085 PR740934 PR740771
Dry Cleaning and Laundry Industry Award 2020 MA000096 PR740945 PR740782
Educational Services (Post-Secondary Education) Award 2020 MA000075 PR740925 PR740759
Educational Services (Schools) General Staff Award 2020 MA000076 PR740926 PR740760
Educational Services (Teachers) Award 2020 MA000077 PR740927 PR740761
Electrical, Electronic and Communications Contracting Award 2020 MA000025 PR740874 PR740702
Electrical Power Industry Award 2020 MA000088 PR740937 PR740774
Fast Food Industry Award 2010 MA000003 PR740849 PR740676
Fire Fighting Industry Award 2020 MA000111 PR740960 PR740797      PR743719 (correction)
Fitness Industry Award 2020 MA000094 PR740943 PR740780
Food, Beverage and Tobacco Manufacturing Award 2020 MA000073 PR740923 PR740757
Funeral Industry Award 2020 MA000105 PR740954 PR740791
Gardening and Landscaping Services Award 2020 MA000101 PR740950 PR740787
Gas Industry Award 2020 MA000061 PR740909 PR740744
General Retail Industry Award 2020 MA000004 PR740850 PR740678
GrainCorp Country Operations Award 2015 MA000138 PR740986 PR740827
Graphic Arts, Printing and Publishing Award 2020 MA000026 PR740875 PR740703
Hair and Beauty Industry Award 2010 MA000005 PR740851 PR740679
Health Professionals and Support Services Award 2020 MA000027 PR740876 PR740705
Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Award 2018 MA000157 PR741001 PR740846
Higher Education Industry – Academic Staff – Award 2020 MA000006 Note 1 PR740680
Higher Education Industry – General Staff – Award 2020 MA000007 PR740852 PR740681
Horse and Greyhound Training Award 2020 MA000008 PR740853 PR740683
Horticulture Award 2020 MA000028 PR740877 PR740707
Hospitality Industry (General) Award 2020 MA000009 PR740855 PR740684
Hydrocarbons Field Geologists Award 2020 MA000064 PR740914 PR740747
Hydrocarbons Industry (Upstream) Award 2020 MA000062 PR740911 PR740745
Joinery and Building Trades Award 2020 MA000029 PR740878 PR740709
Journalists Published Media Award 2020 MA000067 PR740917 PR740751
Labour Market Assistance Industry Award 2020 MA000099 PR740948 PR740785
Legal Services Award 2020 MA000116 PR740965 PR740802
Live Performance Award 2020 MA000081 PR740930 PR740766
Local Government Industry Award 2020 MA000112 PR740961 PR740798
Mannequins and Models Award 2020 MA000117 PR740966 PR740803
Manufacturing and Associated Industries and Occupations Award 2020 MA000010 PR740856 PR740685
Marine Tourism and Charter Vessels Award 2020 MA000093 PR740942 PR740779
Marine Towage Award 2020 MA000050 PR740898 PR740730
Maritime Offshore Oil and Gas Award 2020 MA000086 PR740935 PR740772
Market and Social Research Award 2020 MA000030 PR740879 PR740710
Meat Industry Award 2020 MA000059 PR740907 PR740742
Medical Practitioners Award 2020 MA000031 PR740880 PR740712
Metropolitan Newspapers (South Australian and Tasmania) Printing Award 2015 MA000130 PR740979 PR740819
Mining Industry Award 2020 MA000011 PR740857 PR740686
Miscellaneous Award 2020 MA000104 PR740953 PR740790
Mobile Crane Hiring Award 2020 MA000032 PR740881 PR740713
Northern Territory News Award 2015 MA000129 PR740978 PR740818
Northern Territory Public Sector Enterprise Award 2016 MA000151 PR740998 PR740841
Note Printing Australia Award 2016 MA000156 PR741000 PR740845
Nursery Award 2020 MA000033 PR740882 PR740714
Nurses (ANMF - Victorian Local Government) Award 2015 MA000131 PR740980 PR740820
Nurses and Midwives (Victoria) State Reference Public Sector Award 2015 MA000125 PR740974 PR740814
Nurses Award 2020 MA000034 PR740883 PR740715
Oil Refining and Manufacturing Award 2020 MA000072 PR740922 PR740756
Optus Award 2015 MA000133 Note 1 PR740822
Parliamentary Departments Staff Enterprise Award 2016 MA000145 PR740992 PR740834
Passenger Vehicle Transportation Award 2020 MA000063 PR740913 PR740746
Pastoral Award 2020 MA000035 PR740884 PR740716
Pest Control Industry Award 2020 MA000097 PR740946 PR740783
Pharmaceutical Industry Award 2020 MA000069 PR740919 PR740753
Pharmacy Industry Award 2020 MA000012 PR740859 PR740687
Plumbing and Fire Sprinklers Award 2020 MA000036 PR740885 PR740717
Port Authorities Award 2020 MA000051 PR740899 PR740731
Ports, Harbours and Enclosed Water Vessels Award 2020 MA000052 PR740900 PR740732
Poultry Processing Award 2020 MA000074 PR740924 PR740758
Premixed Concrete Award 2020 MA000057 PR740905 PR740737
Printing Industry – Herald & Weekly Times – Production Award 2015 MA000126 PR740975 PR740815
Professional Diving Industry (Industrial) Award 2020 MA000108 PR740957 PR740794
Professional Diving Industry (Recreational) Award 2020 MA000109 PR740958 PR740795
Professional Employees Award 2020 MA000065 PR740915 PR740748
Queensland Newspapers Pty Ltd (Murarrie) Award 2015 MA000128 PR740977 PR740817
Racing Clubs Events Award 2020 MA000013 PR740860 PR740688
Racing Industry Ground Maintenance Award 2020 MA000014 PR740861 PR740689
Rail Industry Award 2020 MA000015 PR740862 PR740690
Real Estate Industry Award 2020 MA000106 PR740955 PR740792
Registered and Licensed Clubs Award 2020 MA000058 PR740906 PR740738
Reserve Bank of Australia Award 2016 MA000140 PR740988 PR740829
Restaurant Industry Award 2020 MA000119 PR740968 PR740805
Road Transport and Distribution Award 2020 MA000038 PR740886 PR740718
Road Transport (Long Distance Operations) Award 2020 MA000039 PR740887 PR740719
Salt Industry Award 2020 MA000107 PR740956 PR740793
Seafood Processing Award 2020 MA000068 PR740918 PR740752
Seagoing Industry Award 2020 MA000122 PR740971 PR740811
Security Services Industry Award 2020 MA000016 PR740863 PR740691
Silviculture Award 2020 MA000040 PR740888 PR740720
Social, Community, Home Care and Disability Services Industry Award 2010 MA000100 PR740949 PR740786
Sporting Organisations Award 2020 MA000082 PR740931 PR740767
State Government Agencies Award 2020 MA000121 PR740970 PR740810
Stevedoring Industry Award 2020 MA000053 PR740901 PR740733
Storage Services and Wholesale Award 2020 MA000084 PR740933 PR740770
Sugar Industry Award 2020 MA000087 PR740936 PR740773
Supported Employment Services Award 2020 MA000103 PR740952 PR740789
Surveying Award 2020 MA000066 PR740916 PR740749
Telecommunications Services Award 2020 MA000041 PR740889 PR740721
Telstra Award 2015 MA000123 PR740972 PR740812
Textile, Clothing, Footwear and Associated Industries Award 2020 MA000017 PR740865 PR740692
Timber Industry Award 2020 MA000071 PR740921 PR740755
Transport (Cash in Transit) Award 2020 MA000042 PR740890 PR740722
Travelling Shows Award 2020 MA000102 PR740951 PR740788
Vehicle Repair, Services and Retail Award 2020 MA000089 PR740938 PR740775
Victorian Government Schools Award 2016 MA000155 Note 1 PR740844
Victorian Government Schools – Early Childhood – Award 2016 MA000152 Note 1 PR740842
Victorian Local Government Award 2015 MA000132 PR740981 PR740821
Victorian Local Government (Early Childhood Education Employees) Award 2016 MA000150 PR740997 PR740840
Victorian Public Service Award 2016 MA000135 PR740983 PR740824
Victorian State Government Agencies Award 2015 MA000134 PR740982 PR740823
Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015 MA000136 PR740984 PR740825
Waste Management Award 2020 MA000043 PR740891 PR740723
Water Industry Award 2020 MA000113 PR740962 PR740799
Wine Industry Award 2020 MA000090 PR740939 PR740776
Wool Storage, Sampling and Testing Award 2020 MA000044 PR740892 PR740724

Method for adjusting modern award minimum wages

The method we used to adjust modern award minimum wages is outlined in the Method of adjustment to wages (pdf). 

Method for adjusting expense-related allowances

The method we used to adjust expense-related allowances in modern awards in 2022 is outlined in the Expense-related allowances guide to methods of adjustment (pdf).

Consolidated list of expense-related allowances

Commission staff have prepared a list of expense-related allowances adjusted for the applicable Consumer Price Index figure for modern awards being varied on 1 July 2022 and 1 October 2022.

Download the spreadsheet Expense-related allowances in modern awards 2022 (Excel).

Supported wage system

Following the Annual Wage Review 2021–22 decision [2022] FWCFB 3500, the Expert Panel issued a Determination (PR742256) in relation to the Support Wage System schedule in some modern awards.

The determination takes effect from the first full pay period on or after 1 July 2022.

National Training Wage – reference to Miscellaneous Award 2020

Wage increases for trainees under the National Training Wage will come into effect on the same date as modern award minimum wage increases.

This includes modern awards that refer to and incorporate the terms under Schedule E of the Miscellaneous Award 2020, which has an operative date of 1 July 2022.

A temporary note will be inserted into the National Training Wage incorporation clause in awards with an operative date of 1 October 2022. The note will direct users to the rates in Schedule E to the Miscellaneous Award as at the date of the last increase in wages. These rates will be published on a separate page on our website so they are easily accessible for award users.

National training wage determination to insert note (pdf)

National training wage determination to remove note (pdf)

Notes

Note 1: There are no expense-related allowances in this award.

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 21 Sep 2022
Location on last update: https://www.fwc.gov.au/hearings-decisions/major-cases/annual-wage-reviews/annual-wage-review-2021-22/determinations-annual