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Regulated worker minimum standards applications that may impact gig workers and road transport contractors

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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 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
          • Reasons to object to an unfair dismissal claim
          • 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
    • Unfair deactivation or termination for regulated workers
      • Unfair deactivation for employee-like workers
        • Apply for unfair deactivation (for regulated workers) (Form F89)
        • Response to an unfair deactivation application (Form F89A)
      • Unfair termination for regulated road transport contractors
        • Apply for unfair termination (for regulated workers) (Form F90)
        • Respond to an unfair termination application (Form F90A)
      • The process for unfair deactivation or termination claims
    • 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
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to participate in the Collaborative Approaches Program (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 at work (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
      • What is workplace sexual harassment
      • What you can do if you’ve been sexually harassed
      • Who can make a sexual harassment application
      • Discrimination, the general protections and work health and safety
      • How we deal with sexual harassment cases
        • Member conferences
        • Determinative conferences and hearings
        • If the sexual harassment dispute is not resolved
          • Notice of consent to arbitration (Form F78)
      • Apply to resolve a sexual harassment dispute (Form F75)
      • Apply to stop sexual harassment that started before 6 March 2023 (Form F72A)
      • Respond to an application about workplace sexual harassment
        • Respond as an individual (Form F76)
        • Respond as an employer or principal (Form F77)
        • Respond as an employer or principal from before 6 March 2023 (Form F73A)
        • Respond as a person named from before 6 March 2023 (Form F74A)
    • Discrimination
    • Small business hub
      • Assistance for small business
      • What is a ‘small business’?
      • Types of workplace disputes
      • Respond to a claim against a business
      • Dismissal rules for small business owners
      • What we are doing to help small business
    • Casual to full-time or part-time employment
      • Apply to resolve a dispute about changing from casual to full-time or part-time employment (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • Disputes about fixed term contracts
      • Apply to resolve a dispute about fixed term contracts (Form F10DA)
      • Notify agreement for arbitration of a dispute about fixed term contracts (Form F10DB)
    • Flexible work and unpaid parental leave requests
      • Disputes about flexible work or unpaid parental leave extensions
      • Apply to resolve a dispute about extension of unpaid parental leave (Form F10B)
      • Apply to resolve a dispute about flexible working arrangements (Form F10C)
    • 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
      • Response to general protections – no dismissal (Form F8D)
    • Right to disconnect disputes
      • What is the right to disconnect?
      • Disputes about the right to disconnect
      • Apply to deal with a dispute about the right to disconnect (Form F92)
      • Respond to a right to disconnect application (Form F92A)
      • Notification of agreement to arbitration (Form F92B)
    • Labour hire arrangement order disputes
    • Independent contractor disputes about unfair contract terms
      • Apply for an unfair contract terms remedy (Form F91)
      • Respond to an application for an unfair contract term remedy (Form F91A)
    • Industrial action
      • Eligible protected action ballot agents
        • Apply to become an eligible protected action ballot agent (Form F34C)
      • Organise a protected action ballot
        • Compulsory conciliation conferences during ballot period
        • Apply to hold a protected action ballot (Form F34)
        • Apply to extend the 30-day period for protected action (Form F34A)
      • Protected and unprotected industrial action
      • Protected action in multi-enterprise bargaining
      • Payments during certain forms of industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • Collaborative Approaches Program
      • Interest-based approaches
      • Interest-based bargaining
      • Interest-based consultation
      • Interest-based problem-solving
    • Jobkeeper disputes
      • Apply to resolve a jobkeeper dispute (Form F13A)
  • Work conditions
    • Enterprise agreements
      • Changes to making agreements
        • Understand the tests that apply to agreements
      • About enterprise agreements
        • About single and multi-enterprise agreements
        • About greenfields agreements
        • Historical agreements and instruments
        • Statistical reports on enterprise agreements data
      • Find an enterprise agreement
        • Agreements in progress
      • Make an enterprise agreement
        • The process to make an agreement
        • Before you start bargaining
          • Genuine agreement from 6 June 2023
          • Statement of Principles on Genuine Agreement
          • 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
          • Authorisations
            • Single interest employer authorisations
            • Supported bargaining authorisations
            • Adding or removing employers from a single interest employer authorisation
            • Adding or removing employers from a supported bargaining authorisation
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Assistance to make a multi-enterprise agreement
          • Resolve a dispute about bargaining
            • Intractable bargaining declarations
            • Intractable bargaining workplace determinations
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Application for an intractable bargaining 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
          • Voting request orders
          • 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)
      • Approval of enterprise agreements
        • The process to approve an agreement
        • Requirements an agreement must meet
        • About undertakings in agreements
          • How to write an undertaking
        • Agreement amendments
        • 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)
            • Select your 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)
      • Reconsideration of approved agreements
      • Change a single enterprise agreement
        • Apply for approval to change an agreement (Form F23)
        • Employer's declaration to vary an agreement (Form F23A)
          • Select your 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)
      • 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)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the nominal expiry date (Form F24D)
      • Sunsetting of pre-2010 agreements
        • Types of pre-2010 agreements
        • Applications to extend the default period pending at 7 December 2023
        • Zombie agreements extended past 7 December 2023
        • Apply to extend the default period for 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
      • Gender pay equity research
        • Previous pay equity research
      • Apply for an equal remuneration order (Form F46A)
    • Labour hire employees' protected rates of pay
      • Regulated labour hire arrangement orders
        • Regulated labour hire arrangement orders made
      • Alternative protected rate of pay orders
      • Guidelines for regulated labour hire arrangement orders
      • Apply to make a regulated labour hire arrangement order (Form F86)
      • Respond to an application for a regulated labour hire arrangement order (Form F86A)
      • Apply for a determination that an application for a regulated labour hire arrangement order relates to additional employers and employees (Form F86B)
      • Apply for the Commission to determine an exemption period (Form F86C)
      • Apply for an alternative protected rate of pay order (Form F86D)
      • Apply to deal with a dispute about the operation of Part 2-7A of the Fair Work Act 2009 (Form F86E)
      • Notification of agreement to arbitration of a dispute about the operation of Part 2-7A (Form F86F)
      • Apply to vary a regulated labour hire arrangement order to cover new employers and relevant regulated employees (Form F86G)
    • Regulated worker and contractual chain standards
      • About regulated workers and businesses
      • Regulated worker minimum standards orders and guidelines 
        • Types of regulated worker minimum standards
        • Employee-like minimum standards orders and guidelines
        • Road transport minimum standards orders and guidelines
      • Road transport contractual chain orders and guidelines 
        • About road transport contractual chains
        • Making road transport contractual chain orders or guidelines
        • What can be included in road transport contractual chain orders and guidelines
      • Regulated worker minimum standards cases
        • Regulated worker minimum standards applications
        • Food and drink delivery application – MS2024/3 – Explainer
        • Apply for regulated worker minimum standards
        • How we consult about regulated worker minimum standards
      • Expert Panel for the road transport industry
    • Collective agreements
      • About collective agreements
      • Make a collective agreement
        • Process to make and register a collective agreement
        • Consultation notices for collective agreements
          • Giving the Commission a copy of the consultation notice (Form F93)
        • Notice to regulated workers
        • Register a collective agreement
          • Application to register a collective agreement (Form F94)
          • Declaration in support of an application to register a collective agreement (Form F95)
      • Change a collective agreement
        • Application to vary a collective agreement (Form F96)
        • Declaration in support of an application to vary a collective agreement (Form F97)
      • Termination of collective agreements
        • Notice to Fair Work Commission that a collective agreement has been terminated (Form F98)
        • Declaration that a collective agreement has been terminated (Form F99)
    • Energy Industry Jobs Plan
      • Our role in the Energy Industry Jobs Plan
      • Steps to make a community of interest determination
      • Energy Industry Jobs Plan cases
      • The Energy Industry Worker Redeployment Advisory Group
  • 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
      • Keeping a case confidential
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • Timeframes for decisions
      • 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
      • Annual wage reviews
        • Annual Wage Review 2025
          • Determinations for the Annual Wage Review 2025
          • Draft determinations for the Annual Wage Review 2025
          • National Minimum Wage Order 2025
          • Timetable for the Annual Wage Review 2025
          • Research for the Annual Wage Review 2025
          • Submissions for the Annual Wage Review 2025
        • Annual Wage Review 2023–24
          • Additional material for the Annual Wage Review 2023–24
          • Correspondence for the Annual Wage Review 2023–24
          • Decisions & statements for the Annual Wage Review 2023–24
          • Determinations for the Annual Wage Review 2023–24
          • Draft determinations for the Annual Wage Review 2023–24
          • National Minimum Wage Order 2024
          • Notices of listing and directions for the Annual Wage Review 2023–24
          • Research for the Annual Wage Review 2023–24
          • Statistical reporting for the Annual Wage Review 2023–24
          • Submissions for the Annual Wage Review 2023–24
          • Timetable for the Annual Wage Review 2023–24
          • Transcripts for the Annual Wage Review 2023–24
        • 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
          • Determinations for the Annual Wage Review 2022–23
          • Draft determinations for the Annual Wage Review 2022–23
          • National Minimum Wage Order 2023
          • 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
      • APESMA - application for single interest employer authorisation
      • Application for an unfair contract term remedy (UC2025/1)
      • Early childhood education and care supported bargaining agreement
      • Gender undervaluation – priority awards
      • General Retail Industry Award variation (AM2024/9)
      • HSU & AEU – supported bargaining authorisation
      • Junior rates application (AM2024/24)
      • MEU & AMWU applications for regulated labour hire arrangement orders
      • Outcomes of the Modern Award Review 2023–24
        • Amusement, Events and Recreation Award variation
        • Live Performance Award variation
        • Review of fixed-term contract provisions - Higher Education Awards
        • Working from home – Clerks Award
      • Shop, Distributive and Allied Employees Association - application for a supported bargaining authorisation
      • Superannuation fund reviews
      • United Firefighters' Union of Australia – intractable bargaining declaration
      • Variation of modern awards to include a delegates’ rights term
      • Work value case – Nurses and Midwives
      • 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
      • Previous major cases
        • AIRC Award modernisation process 2008
        • Apple Retail Enterprise Agreement 2014 – application to terminate
        • 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 (D2021/2)
        • Ballot for withdrawal of ME Division from CFMMEU (D2022/10)
        • Ballot for withdrawal of Manufacturing Division from CFMEU (D2024/10)
        • Ballot for withdrawal of Manufacturing Division from CFMMEU
        • Cambridge Clothing Company Enterprise Agreement (2014) – application to terminate
        • 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
        • Early education and care industry supported bargaining authorisation application
        • 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
        • FAAA – applications for regulated labour hire arrangement order
        • Family and domestic violence leave review
          • Decisions & statements
        • 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
        • IEUA WA Branch – single interest employer authorisation
        • IPCA (VIC, ACT & NT) Agreement 2011 – Application to terminate
        • Independent Education Union of Australia WA Branch – single interest employer authorisation
        • MEU regulated labour hire arrangement order (C2024/1506)
        • MEU – regulated labour hire arrangement order (C2024/1686)
        • Model terms for enterprise agreements and copied State instruments
        • Modern Awards Review 2023–24
          • Get involved in the Modern Awards Review 2023–24
          • Arts and culture sector
          • Job security
          • Work and care
          • Making awards easier to use
        • Modern awards review 2012
          • Awards reviewed 2012
        • Proposed On Demand Delivery Services Award (Menulog)
        • Review of C14 and C13 rates in modern awards
        • Svitzer Australia Pty Limited industrial action
        • Termination of remaining modernisable instruments
        • Undergraduate qualifications review
        • Variation of modern awards to include a right to disconnect
        • Variation on the Commission’s own initiative – Casual employment terms (AM2024/29)
        • Virgin Australia Regional Airlines – intractable bargaining declaration
        • Work value case – Aged Care Industry
          • Correspondence
          • Decisions, statements and determinations
          • Notices of listing & directions
          • Research and information
          • Submissions
          • Transcript
    • Case law benchbooks
      • 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
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          • 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
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            • National extraction
            • Social origin
          • Exceptions
          • Temporary absence – illness or injury
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          • Coverage by particular instruments
          • Coercion – allocation of duties to particular person
        • Sham arrangements – Division 6
          • Misrepresenting employment
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          • Misrepresentation to engage as independent contractor
        • Making an application
          • Dismissal applications
            • Timeframe for lodgment
            • Late lodgment
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          • Other types of applications
            • Multiple actions relating to dismissal
            • Unfair dismissal
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        • Power to dismiss applications
        • Evidence
        • Commission process
          • Conferences & hearings
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        • Costs
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          • Costs against representatives
        • Appeals
        • Role of the Court
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          • Types of order made by the Court
      • Industrial action benchbook
        • What is industrial action?
          • Unprotected industrial action
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            • Immunity
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            • Employee claim action
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        • Taking protected industrial action
          • Protected action ballots
            • Who may apply?
            • Making an application
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            • Varying a protected action ballot order
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          • Voting
            • Ballot agents
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            • 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
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        • Enforcement
        • Appeals
      • Sexual harassment benchbook
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      • Unfair dismissals benchbook
        • Overview of unfair dismissal
        • Coverage for unfair dismissal
          • Who is protected from unfair dismissal?
          • People excluded from national unfair dismissal laws
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          • 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
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        • What is dismissal?
          • When does a dismissal take effect?
          • Terminated at the employer's initiative
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          • What is a transfer of employment?
          • Periods of service as a casual employee
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            • 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
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          • Opportunity to respond
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          • Warnings – unsatisfactory performance
          • Size of employer's enterprise & human resources specialists
          • Other relevant matters
        • Making an application
          • Application fee
          • Timeframe for lodgment
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          • Multiple actions
          • Discontinuing an application
        • Objecting to an application
        • Commission process – conciliations, hearings and conferences
          • Conciliation
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          • Representation by lawyers and paid agents
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          • 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
      • Ceremonial sittings transcripts
  • Registered organisations
    • Entry permits
      • Find an entry permit
      • About Fair Work entry permits
        • Who can hold a Fair Work Entry permit
        • 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)
        • Rules for a WHS entry notice
        • Rights and obligations of WHS permit holders
      • Training that permit holders must complete
      • When an official can enter a workplace
      • Disputes about entry to workplaces
        • Apply to resolve a right of entry dispute (Form F12)
      • Apply for a Fair Work entry permit (Form F42)
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      • When to return an entry permit
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    • What is a registered organisation
      • Object to joining an employee or employer association (Form F69)
      • Services for employer associations, unions and enterprise unions
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    • CFMEU Construction and General Division Administration
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      • Report a concern about the CFMEU Construction and General Division
    • Find a registered organisation
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    • Running a registered organisation
      • Rules for unions and employer associations
      • Change the rules of a union or employer association
        • Apply to change 'other' rules of a registered organisation
        • 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)
      • Amalgamating branches within a registered organisation
      • Lodge an annual return in a registered organisation
        • Complete the annual return template
      • Elections
        • The election process
        • The AEC, voting methods and exemptions
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        • Disqualification from holding office
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        • Our Election Alert Program
      • Notify us of changes in your organisation
      • Financial reporting
        • Financial reporting obligations
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        • The financial reporting process
        • The financial report requirements
        • Auditors and the audit report
        • How we assess financial reports
      • Registered auditors
      • Financial training
        • Mandatory financial training for officers
        • Find approved financial training
        • Approved financial training
      • Disclosure obligations
      • Statutory officer duties
      • Corrupting benefits and disclosure rules
        • Giving, receiving or soliciting cash and in kind payments
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      • Tools and templates
      • Lodge documents with us
    • Manage registration
      • 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)
    • Regulatory education and engagement
      • Our Listen and Learn program
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      • Compliance trends and updates
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      • Our Education Strategy
      • Education resources
        • The Good Governance Guide
          • Chapter 1: What is good governance?
          • Chapter 2: Developing a speak-up culture
          • Chapter 3: Officer induction
          • Chapter 4: Committees of management
          • Chapter 5: Financial decision making
          • Chapter 6: Officer duties
          • Chapter 7: Managing conflicts of interest
          • Chapter 8: Record keeping and decision making
          • Chapter 9: Disclosing information for ORP statements
        • E-Learning Centre
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      • Summaries of court cases
        • Registers of members must be kept and properly maintained
        • Branch secretary should set an exemplary standard of behaviour
        • Divisional Secretary wasn’t entitled to pay himself unauthorised back-pay
        • Officer's actions must be transparent and avoid conflicts of interest
        • Former branch secretary receives a suspended jail sentence for misusing branch funds
        • Officers who misuse organisation funds may face significant penalties
        • Office holders must follow financial controls about expenditure and not act for their own benefit
        • Organisations must prepare financial reports regardless of their size
        • Branch dishonestly inflated its membership by adding hundreds of non-members to its register
        • ‘Dysfunctional’ structure leads to 86 breaches of the RO Act
        • Both organisation and Branch Secretary responsible for branch’s financial reports
        • Organisations and their branches must keep accurate registers of members
        • Organisations must hold elections and maintain up-to-date lists of office holders
        • Financial reporting is essential for transparency to members of registered organisations
      • Compliance Practitioners Reference Group
      • Registered Organisations Advisory Committee
    • Inquiries, investigations and litigation
    • Whistleblowing
      • Investigate a protected disclosure
        • Report disclosable conduct to the Commission as a registered organisation
        • Roles and responsibilities to handling a protected disclosure
      • Protected concerns
      • Report a concern
      • Whistleblower protections
      • Whistleblowing resources
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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)
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        • How we decide if a lawyer or paid agent can take part
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    • Types of dismissal and termination
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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
    • Keeping a case confidential
    • Prepare for a conference or hearing
    • Possible outcomes of a hearing or conference
    • Timeframes for decisions
    • 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
    • Annual wage reviews
      • Annual Wage Review 2025
        • Determinations for the Annual Wage Review 2025
        • Draft determinations for the Annual Wage Review 2025
        • National Minimum Wage Order 2025
        • Timetable for the Annual Wage Review 2025
        • Research for the Annual Wage Review 2025
        • Submissions for the Annual Wage Review 2025
      • Annual Wage Review 2023–24
        • Additional material for the Annual Wage Review 2023–24
        • Correspondence for the Annual Wage Review 2023–24
        • Decisions & statements for the Annual Wage Review 2023–24
        • Determinations for the Annual Wage Review 2023–24
        • Draft determinations for the Annual Wage Review 2023–24
        • National Minimum Wage Order 2024
        • Notices of listing and directions for the Annual Wage Review 2023–24
        • Research for the Annual Wage Review 2023–24
        • Statistical reporting for the Annual Wage Review 2023–24
        • Submissions for the Annual Wage Review 2023–24
        • Timetable for the Annual Wage Review 2023–24
        • Transcripts for the Annual Wage Review 2023–24
      • 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
        • Determinations for the Annual Wage Review 2022–23
        • Draft determinations for the Annual Wage Review 2022–23
        • National Minimum Wage Order 2023
        • 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
    • APESMA - application for single interest employer authorisation
    • Application for an unfair contract term remedy (UC2025/1)
    • Early childhood education and care supported bargaining agreement
    • Gender undervaluation – priority awards
    • General Retail Industry Award variation (AM2024/9)
    • HSU & AEU – supported bargaining authorisation
    • Junior rates application (AM2024/24)
    • MEU & AMWU applications for regulated labour hire arrangement orders
    • Outcomes of the Modern Award Review 2023–24
      • Amusement, Events and Recreation Award variation
      • Live Performance Award variation
      • Review of fixed-term contract provisions - Higher Education Awards
      • Working from home – Clerks Award
    • Shop, Distributive and Allied Employees Association - application for a supported bargaining authorisation
    • Superannuation fund reviews
    • United Firefighters' Union of Australia – intractable bargaining declaration
    • Variation of modern awards to include a delegates’ rights term
    • Work value case – Nurses and Midwives
    • 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
    • Previous major cases
      • AIRC Award modernisation process 2008
      • Apple Retail Enterprise Agreement 2014 – application to terminate
      • 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 (D2021/2)
      • Ballot for withdrawal of ME Division from CFMMEU (D2022/10)
      • Ballot for withdrawal of Manufacturing Division from CFMEU (D2024/10)
      • Ballot for withdrawal of Manufacturing Division from CFMMEU
      • Cambridge Clothing Company Enterprise Agreement (2014) – application to terminate
      • 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
      • Early education and care industry supported bargaining authorisation application
      • 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
      • FAAA – applications for regulated labour hire arrangement order
      • Family and domestic violence leave review
        • Decisions & statements
      • 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
      • IEUA WA Branch – single interest employer authorisation
      • IPCA (VIC, ACT & NT) Agreement 2011 – Application to terminate
      • Independent Education Union of Australia WA Branch – single interest employer authorisation
      • MEU regulated labour hire arrangement order (C2024/1506)
      • MEU – regulated labour hire arrangement order (C2024/1686)
      • Model terms for enterprise agreements and copied State instruments
      • Modern Awards Review 2023–24
        • Get involved in the Modern Awards Review 2023–24
        • Arts and culture sector
        • Job security
        • Work and care
        • Making awards easier to use
      • Modern awards review 2012
        • Awards reviewed 2012
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of C14 and C13 rates in modern awards
      • Svitzer Australia Pty Limited industrial action
      • Termination of remaining modernisable instruments
      • Undergraduate qualifications review
      • Variation of modern awards to include a right to disconnect
      • Variation on the Commission’s own initiative – Casual employment terms (AM2024/29)
      • Virgin Australia Regional Airlines – intractable bargaining declaration
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions, statements and determinations
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
  • Case law benchbooks
    • 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
    • Stop bullying benchbook
    • 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
    • Ceremonial sittings transcripts

Practice note: Fair hearings

Introduction

The Fair hearings practice note provides procedural guidance and information about the conduct of hearings before the Commission, including the responsibilities of Commission Members, applicants, respondents and their representatives.

On this page:

  • Commencement date
  • Application
  • Definitions
  • What is the fair hearing obligation?
  • Role of Commission Members
  • Role of parties & representatives
  • Impartiality & apprehended bias
  • Communication with the Commission
  • Notices of listing & directions
  • Adjournments
  • Access to justice
  • Representation by lawyers & paid agents
  • Costs
  • Available assistance
  • Attachment 1 – Further practical information
Content

Commencement date

  1. This practice note commences on 15 July 2016.

Application

  1. This practice note applies to conferences and hearings conducted by Members of the Fair Work Commission.
  2. This practice note summarises key points regarding the obligations of all participants in Commission proceedings, and is not intended to act as a code.
  3. The Commission is subject to common law principles of procedural fairness. The Commission and the parties appearing before it, including their representatives, all have responsibilities to each other and to facilitate the provision of a fair hearing to all participants.

Definitions

  1. In this Practice Note:
Act means the Fair Work Act 2009
adjournment means to suspend or reschedule a conference or hearing to a later date
advocate means a person representing a party to a matter before the Commission
bar table statements means the statements made by parties or their representatives in the course of a hearing that are not given under oath or affirmation
Commission means the Fair Work Commission
conference means a proceeding in relation to a matter before the Commission that is generally held in private, unless otherwise directed by the Commission, and is less formal than a hearing
decision means a decision, order, determination or other directional ruling made by a Member of the Commission
hearing means a proceeding before the Commission to allow the parties to present their evidence and submissions in relation to a matter
matter means an application or other proceeding before the Commission
Member means a Member of the Commission, such as the President, a Vice President, a Deputy President or a Commissioner
party means an applicant or respondent involved in a matter before the Commission
Rules means the Fair Work Commission Rules 2013
sworn evidence means evidence provided under oath or affirmation.
  1. A word or term used in this practice note has the same meaning as defined in the Act or in the Acts Interpretation Act 1901.

What is the fair hearing obligation?

  1. The provision of a fair hearing is at the very heart of the Commission’s obligations to the parties who appear before it. A fair hearing involves the opportunity for all parties to put their case and to have that case determined impartially and according to law. Members of the Commission are bound to act ‘judicially’ in the sense that they are obliged to provide procedural fairness and to determine matters impartially.
  2. The Act sets out some of the Commission’s obligations regarding the conduct of conferences and hearings.
  3. If the Commission holds a hearing in relation to a matter, the hearing must be held in public, except in the limited circumstances provided in s.593(3) of the Act. Further, the Commission must perform its functions and exercise its powers in a manner that:
  • is fair and just;
  • is quick, informal and avoids unnecessary technicalities;
  • is open and transparent; and
  • promotes harmonious and cooperative workplace relations (s.577 of the Act).
  1. Section 578 of the Act provides that in performing its functions or exercising its powers the Commission must take into account:
  • the objects of the Act and any part of the Act in relation to which a power or function is being exercised;
  • equity, good conscience and the merits of the matter; and
  • the need to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
  1. The Commission seeks to provide a safe environment for parties. Due to the nature of some proceedings it is possible that some parties may feel nervous or self-conscious at the Commission especially where their case deals with sensitive issues. If a party has genuine concern for their safety they should advise the Commission before the proceeding so that appropriate steps can be taken.

Role of Commission Members

  1. The Commission is obliged to perform its functions and exercise its powers in a manner that is fair, just and quick. An efficient dispute resolution service resolves disputes in a timely and appropriate way that minimises the costs incurred by the parties.
  2. During proceedings Members have a responsibility to:
  • listen to evidence;
  • ask questions to clarify points that are unclear and to obtain information that is relevant to the considerations which the Member must take into account;
  • manage the behaviour of advocates to ensure that all parties are treated with courtesy and respect;
  • exclude irrelevant information;
  • discourage repetition; and
  • deal with each matter on its merits, in accordance with the relevant provisions of the Act.
  1. Members are responsible for ensuring that proceedings are fair and that parties are treated with courtesy and respect. An important element of the fair hearing obligation is the duty to provide appropriate assistance to parties in the presentation of their case, in particular self-represented parties. This means that in some circumstances a Member has an obligation to intervene, both for the benefit of a self-represented party and more generally.
  2. The assistance provided to self-represented parties by a Member may, depending on the circumstances, include:
  • explaining the relevant legislative provisions;
  • identifying the issues which are central to the determination of the particular proceedings;
  • assisting a party to conform with procedural and evidentiary rules designed to avoid unfairness;
  • drawing a party's attention to the relative weight to be given to bar table statements as opposed to sworn evidence;
  • offering a party an interpreter where it appears that this may assist that party to participate more fully in the proceeding;
  • facilitating the fair, just and quick determination of the matter; and
  • adjourning a proceeding in circumstances where it would be unfair to proceed.
  1. Despite this obligation, the assistance a Member can properly provide to a self-represented party is limited. The parties retain the responsibility to present all relevant evidence and materials and to make submissions in support of their cases. The Member must balance the interests of the parties who represent themselves with the need to:
  • afford procedural fairness to other parties;
  • ensure that proceedings are conducted efficiently and costs are kept to a minimum; and
  • ensure that proceedings are conducted in a manner that is impartial and can be seen to be impartial.

All parties have the right to a fair and efficient hearing.

  1. The Commission Member Code of Conduct (pdf) guides Members in performing their functions. The Code is available on the Commission’s website.
  2. Where a fact needs to be established, and that fact is contested, the Commission will determine the question on the balance of probabilities (i.e. whether it is more likely than not). In considering the evidence, the Member may seek further information from the parties, but will not rely solely on statements made from the bar table, unless those statements are unchallenged. Members may inform themselves in relation to matters before them as they consider appropriate, including by:
  • requiring a person to attend the Commission
  • inviting parties to make oral and/or written submissions
  • requiring a person to provide copies of documents or records, or to provide any other relevant information to the Commission
  • conducting a conference
  • holding a hearing, and
  • taking evidence under oath

[see ss.590, 592 & 593 of the Act].

  1. If a person has been required to attend the Commission and does not do so, a Member may determine a matter in the absence of that person (s.600 of the Act). The Commission may also dismiss an application (other than a general protections dispute application or an unlawful termination dispute application) if the application:
  • is not made in accordance with the Act;
  • is frivolous or vexatious; or
  • has no reasonable prospects of success

[see s.587 of the Act].

  1. Upon application by an employer, the Commission may dismiss an application for an unfair dismissal remedy if the applicant has unreasonably:
  • failed to attend a conference or a hearing in relation to the application;
  • failed to comply with a direction or order of the Commission; or
  • failed to discontinue the application after a settlement agreement has been concluded

[see s.399A of the Act].

The Commission may also use its general powers to dismiss applications, including unfair dismissal applications (s.587 of the Act).

Role of parties & representatives

  1. Parties and their representatives also have obligations, both to the Commission and to each other.
  2. Parties and their representatives are required to participate in proceedings in a responsible way to assist the Commission to provide a fair hearing for all parties.
  3. Parties and their representatives should:
  • treat the Commission and other parties/representatives with courtesy and respect
  • act honestly, and not knowingly give false or misleading information
  • cooperate with other parties and the Commission to facilitate the just, efficient, timely and cost effective resolution of the issues in dispute
  • act promptly, comply with Commission directions for the timely resolution of the matters and minimise delay
  • take reasonable steps to ensure the costs incurred in connection with proceedings are reasonable and proportionate to the complexity and importance of the issues and amount in dispute, and
  • where appropriate take reasonable steps to resolve disputes by agreement or to minimise the number of issues in dispute.

Impartiality & apprehended bias

  1. The Commission’s impartiality is central to a fair hearing. Bias, whether actual or apprehended, is inconsistent with the Commission’s obligation to provide a fair hearing.
  2. The general principle is that a Member should not deal with a matter if in all the circumstances a fair minded observer might have a reasonable apprehension that the Member might not bring an impartial and unprejudiced mind to the case before him or her.
  3. If a party believes that a Member may not bring an impartial mind to the matter, they may make an application that the Member disqualify himself or herself from hearing the matter. For example, if a Member conciliates a matter and a party believes that the Member may not bring an impartial mind to the arbitration of the dispute then they may request that the matter be referred back to the relevant Panel Head for allocation to another Member.
  4. Any application will be considered in context, with each decision depending on the particular issues or circumstances raised (see Livesey v New South Wales Bar Association (1983) 151 CLR 288 (pdf)). For example, as explained in paragraphs 14 and 15 above, Members may intervene in the conduct of matters to ensure that proceedings are conducted fairly and efficiently. This approach will have an effect on the way in which applications to disqualify a Member are considered (see for example Johnson v Johnson (2000) 201 CLR 488 (pdf) at 493 [13] per Gleeson CJ, Gaudron, McHugh Gummow and Hayne JJ).
  5. In dealing with apprehended bias applications, the High Court has made clear that Members should not too readily agree to disqualify themselves. As the High Court observed in Re JRL Ex parte CJL (1986) 161 CLR 342 at 352:
'… Although it is important that justice must be seen to be done, it is equally important that judicial officers discharge their duty to sit and do not, by acceding too readily to suggestions of appearance of bias, encourage parties to believe that by seeking the disqualification of a judge, they will have their case tried by someone thought to be more likely to decide the case in their favour.'
  1. An apprehended bias application will not automatically be granted if a Member’s past decisions on questions of fact or law could lead to a reasonable expectation that they would decide a matter adversely for one of the parties (see Re Finance Sector Union of Australia Ex parte Illaton Pty Ltd (1992) 107 ALR 581 at 583).

Communication with the Commission

  1. Communication between parties and the Commission is necessary for the running of matters in a manner that is quick, informal and avoids unnecessary technicalities. However, all such communication must be undertaken with care to ensure that the impartiality and integrity of the Commission is not undermined. Communications between the Commission and parties must always be open and transparent.
  2. Email correspondence is the preferred method of communication with and by the Commission and all emails must be copied to other parties participating in the proceedings or whose interests might be affected unless there is some special confidentiality requirement which needs to be accommodated.
  3. Communication by telephone should be avoided in all but purely administrative matters. Where the communication by telephone is necessary, usually for reasons of urgency, the party initiating the communication should ensure that other interested persons are advised about it - preferably in advance, but at the very least as soon as possible after the communication has occurred. On the rare and usually very urgent occasions when a member finds it necessary to initiate a telephone conversation with a party or the party’s representative, the member will either arrange for other parties to be informed by his or her chambers or request that the recipient of the communication undertake that task (see Construction, Forestry, Mining and Energy Union v LCR Group Pty Ltd [2016] FWCFB 916).

Notices of listing & directions

  1. The Commission will send to the parties a notice telling them the time, date and location of any conference or hearing to be held in relation to a matter. Unless specifically advised otherwise, the parties are required to attend the conference or hearing.
  2. Where a matter is listed for a conference or hearing, the Commission may direct the parties to file written outlines of submissions and other material prior to the proceedings. The filing of such material may help to clarify the issues to be considered in the proceedings and thereby facilitate the efficient conduct of the matter. The parties are required to comply with the directions issued, unless application is made for the directions to be varied. See also paragraphs 46 to 51 of the Appeal proceedings practice note for information on standard directions for appeals.

Adjournments

  1. A person seeking to have the time or date of proceedings changed should apply for an adjournment as early as possible and, where possible, before the day of the conference or hearing.
  2. Applications for adjournments made prior to a conference or hearing should be made in writing, specifying the reason for the request, to either the Associate of the Member who is allocated the application or the contact person for the application specified in correspondence from the Commission. As the views of the other parties to the proceedings will often be a relevant consideration, the party seeking the adjournment should inform the other parties and seek to obtain their consent to the adjournment application. A copy of any adjournment application made to the Commission must be copied to the other party or parties to the proceeding, and should indicate whether the application is made with the consent of the other parties. The Member will decide whether the adjournment will be granted and, if so, the time and date of the new conference or hearing. If the adjournment is not granted, the matter will go ahead on the day previously notified.
  3. If a party is to be absent from a proceeding, they must notify the Commission before the proceeding or, in the case of an unexpected emergency, as early as possible.

Access to justice

  1. The information and assistance provided by the Commission to parties, particularly self represented parties, is an important part of providing access to justice. The provision of a fair hearing requires Members to identify the difficulties experienced by a party, whether due to lack of representation, literacy difficulties, ethnic origin, religion, disability or any other cause, and find ways to overcome those difficulties and assist them through the Commission process.

Interpreters

  1. Parties can request that the Commission provide an interpreter for a conference or hearing. There is no cost to a party for interpreters provided by the Commission.
  2. Parties can indicate that they require an interpreter on the form they lodge with the Commission. Alternatively, they may request an interpreter by telephone or in writing to the Commission as early as possible before the day of the conference or hearing.
  3. If no interpreter has been requested, but a Member believes that an interpreter is required to allow a party to effectively participate in a proceeding, the Member may adjourn the proceeding until such time as an interpreter can be provided.

Assistance for hearing impaired

  1. If a party is hearing impaired, they may make a request to the Commission that the proceedings be conducted in a room equipped with audio equipment. There is no cost to a party in respect of the use of this equipment.

Parties in remote locations

  1. Applications can be made for persons to attend hearings by video or telephone link. Requests, with reasons for the request, must be made in writing to the Member’s chambers copied to other parties and provide as much notice as possible. Requests may be subject to the availability of facilities. Where proceedings are to be conducted using video or telephone links, it is important that parties provide any documents to the Commission and to the other parties in advance of the hearing or conference.

Disability, ill health or carer’s responsibilities

  1. If a party has a disability or illness or has carer’s responsibilities for which the Commission will need to make arrangements, they should advise the Commission as soon as possible. Such a request may include:
  • breaks to take medications;
  • that hearings start or adjourn at particular times to accommodate family or carers’ responsibilities; or
  • proceedings being adjourned in cases of ill health or emergency.

Representation by lawyers & paid agents

  1. Many parties choose to represent themselves in Commission proceedings. It is not necessary for a party before the Commission to be represented by a lawyer or paid agent. However, a party may seek permission from the Member hearing the matter to be represented (see s.596 of the Act and see generally Warrell v Walton [2013] FCA 291).
  2. You do not need to seek permission to be legally represented if the lawyer or paid agent representing you is an employee or officer of:
  • your business;
  • an organisation such as a union or an employer association that is registered under the Fair Work (Registered Organisations) Act 2009 that is representing the person;
  • an association of employers that is not registered under the Fair Work (Registered Organisations) Act 2009 that is representing the person;
  • a peak council that is representing the person; or
  • a bargaining representative

[see s.596(4) of the Act].

  1. Subject to a direction by the Commission to the contrary, a person is permitted to be represented in a matter by a lawyer or paid agent in order to:
  • prepare a written application or submission;
  • lodge a written application, submission or other document; or
  • correspond with the Commission in relation to the matter

[see Rule 12 of the Rules].

Further, the Commission’s permission is not required for a person to be represented by a lawyer or a paid agent in making a written submission under Part 2-3 or 2-6 (which deal with modern awards and minimum wages) [see s.596(3) of the Act].

  1. You must seek permission to be represented by a lawyer or paid agent in a hearing or conference before the Commission (except in circumstances referred to in paragraph 44). The Member can only give permission for legal representation in a matter before the Commission if:
  • it would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter; or
  • the party is unable to represent himself or herself effectively and it would be unfair not to allow them to be represented; or
  • it would be unfair not to allow the person to be represented taking into account fairness between the parties

[see s.596(2) of the Act].

  1. Examples of circumstances where permission for representation may be granted include:
  • where a person is from a non-English speaking background;
  • where a person has difficulty reading or writing; or
  • where a small business is a party and they do not have specialist human resource staff, and the other party is represented by an officer or employee of an industrial association or another person with experience in industrial relations
[see Notes (a) and (b) to s.596(2) of the Act].
  1. Any party that wishes to apply for permission to be represented at an appeal hearing by a lawyer or paid agent will generally be given directions by the Commission to identify, in writing:
  • the lawyer or paid agent they are seeking permission to have as a representative; and
  • the reasons why permission should be granted, having regard to the matters outlined in s.596(2) of the Act.
  1. The party will be required to lodge this request with the Commission, and serve it on the other party. The other party will then be given an opportunity to respond to this request, in writing, indicating whether they oppose the request for permission and, if so, the grounds for their opposition to the request. Where possible, the Commission will determine whether permission will be granted based on the material filed, and will advise the parties of the outcome prior to the hearing of an appeal.
  2. A similar procedure will apply to applications for permission to be represented by a lawyer or paid agent in proceedings before the Commission for the determination of unfair dismissal claims at first instance.
  3. Parties seeking to be represented in a conference or hearing should not assume that permission will be granted. Parties need to be prepared to proceed with a conference or hearing in the event that their representative is not permitted to appear. In the event that permission to be represented by a lawyer or paid agent is not granted the party may seek an adjournment, but whether an adjournment is granted will be a matter for the Member concerned and should not be assumed.

Costs

  1. In general, a person must bear their own costs in relation to a matter before the Commission.
  2. The power of the Commission to award costs is discretionary.
  3. A person may be ordered to pay the costs of another party if:
  • they made an application or responded to an application vexatiously or without reasonable cause;
  • the making of the application or the response to the application had no reasonable prospect of success (s.611 of the Act).
  • in an unfair dismissal proceeding, they caused costs to be incurred by the other party because of an unreasonable act or omission in relation to the conduct or continuation of the matter (s.400A of the Act)
  1. Costs orders may be made against lawyers and paid agents in an unfair dismissal proceeding. Section 401(1A) of the Act provides that the Commission may make an order against a lawyer or paid agent for costs incurred by the other party to the matter if the Commission is satisfied that the representative caused those costs to be incurred because:
  • the representative encouraged the person to start, continue or respond to the matter and it should have been reasonably apparent that the person had no reasonable prospect of success; or
  • of an unreasonable act or omission of the representative in connection with the conduct or continuation of the matter.
  1. Similar provisions apply to conference costs in relation to general protections applications (see s.376 of the Act), and unlawful termination dispute applications (see s.780 of the Act).

Available assistance

  1. Commission Members and staff cannot provide legal advice or advice on how best to run a case. There are organisations that may be able to assist with complex cases.
  2. Employers may seek assistance through an employer association or a peak employer body. Employees can contact unions or employee organisations for assistance.
  3. Assistance can also be sought from individual advocates and lawyers. For a list of solicitors who deal with employment matters, employees and employers may contact the Law Institute or Law Society in their State or Territory. The National Association of Community Legal Centres Inc (NACLC) can assist parties with locating the nearest Community Legal Centre (go to the NACLC’s legal help page. Please note that the NACLC does not itself provide legal advice).
  4. There are also a number of guides available on the Commission’s website and via the following links:
  • Unfair dismissal information
  • General protections information
  • Fair Work Act 2009
  • Fair Work Commission Rules 2013.

Attachment 1 – Further practical information

What to do when you arrive at the Commission for a proceeding

  • Before you attend a conference or hearing at the Commission you should check the hearings and conferences list. The list identifies cases listed for a particular day, together with the Members dealing with them, the times of the hearings and conferences, and the location details – the floor and the hearing room number.
  • Not all cases that are heard at the Commission are published on our website. Details of cases not listed here will, where appropriate, be available at the Commission office on the day. Some cases heard at the Commission are held in private and members of the public are not permitted to attend.
  • Details of specific hearing rooms for cases being heard the next working day are published late on the previous day. The list is also published in capital city newspapers each day. Printed copies of the list can be found at Fair Work Commission public counters, near the courtrooms or, in some Commission premises, on the building's ground floor. Some lists may be available via electronic boards in the Commission’s lobbies.
  • If your hearing is in a regional courthouse you may have to ask for information at the inquiry counter.

What happens during proceedings

  • During proceedings the applicant and the respondent will each be given the opportunity to put their point of view forward. It is important to be prepared.
  • If you are providing documents in support of your position bring enough copies for everybody involved, including the Member. Supporting documents could include copies of relevant pay slips, correspondence (including emails, letters and text messages), or extracts of the relevant workplace law, award or enterprise agreement.
  • Where there are contested facts it may be appropriate to have previously obtained witness statements from relevant people. It may also be necessary to have witnesses give oral evidence so that they will have the opportunity to explain the matters in their statement. Each party will be given the opportunity to question witnesses.
  • Witnesses give oral evidence under oath or affirmation.
  • During a hearing a Member may allow the parties to break into a conference. This is an opportunity for more informal discussions to take place and is generally off the record.
  • If, at the conclusion of proceedings you are unsure of any outcome or direction given during proceedings, contact the Member’s associate to confirm. The associate can also provide information on how to obtain a copy of the transcript of the proceeding if appropriate.
  • Most proceedings, except for conferences, are recorded and the recordings may be transcribed. Parties may request an audio file of the recording to be provided to them, or may purchase a copy of the transcript.

Practical information to keep in mind during a hearing or conference

  • Make sure you arrive for the hearing or conference early so that the proceedings can begin on time. Notify Commission staff when you arrive by approaching them in the hearing or conference room.
  • If you are delayed for any reason it is important that you contact the Commission as early as possible to ensure a message is sent to the appropriate Commission staff.
  • If you have a mobile phone or pager, make sure it is switched off in the hearing or conference room.
  • Food and drink should not be brought into the hearing or conference room (unless medically necessary). Water is provided.
  • Generally when you enter the hearing room and face the bench the applicant and their representatives sit on the right side of the room and the respondent and their representatives sit on the left. Only those who wish to be heard can sit at the bar table. If a party has a representative, the person giving the representative instructions may also sit at the table.
  • At the beginning of the hearing, or if you leave or enter the hearing room while proceedings are underway, it is customary to bow to the Member, by standing and inclining your head.
  • It is customary in hearings to stand when you are addressing the Member or when questioning a witness.
  • When you are addressing a Commission Member refer to them by their title, e.g. Deputy President or Commissioner. Some Presidential Members (those appointed prior to 2009) are entitled to be addressed as 'Your Honour'. Commission staff at the hearing or conference can advise you of the appropriate form of address if you are unsure.

How to address Commission Members

President President
Vice Presidents Vice President
Senior Deputy Presidents Senior Deputy President
Deputy Presidents Deputy President
Commissioners Commissioner

What action can be taken if a party is aggrieved by a decision of the Commission

Appeal proceedings are outlined in the Appeal proceedings practice note, available on the Commission website.

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 21 Nov 2022
Location on last update: https://www.fwc.gov.au/hearings-decisions/practice-notes/practice-note-fair-hearings