To end proceedings or to suspend them to another time or place.
To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.
Bullying at work, as defined by the Fair Work Act 2009, occurs when:
Bullying does not include reasonable management action carried out in a reasonable manner.
A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.
A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.
Abbreviation for Fair Work Commission.
Refers to the Commonwealth government or an Australian territory.
A private proceeding conducted by a Fair Work Commission Member.
A constitutionally covered business is:
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.
Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.
Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.
A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.
Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.
A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.
The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.
An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.
A case or legal proceeding before the Commission.
An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.
A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.
An entity that is not a constitutional corporation. The following are not constitutional corporations:
An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.
The end result of an application made to the Commission.
A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.
An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.
A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.
A person or business that has entered into a contract for services with an independent contractor.
A business owned and operated by private individuals for profit, instead of by a government or its agencies.
When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.
A proprietary limited company. A constitutionally covered business.
In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.
Reasonable management action may include:
In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.
A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.
An organisation in which one person is responsible for the business.
Abbreviation for work health and safety.
A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.
A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.
In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:
Only people who are considered to be workers may apply for an order to stop bullying at work.
A place where a person performs work.
See bullying at work.
Links to applications and submissions for the review of modern awards can be accessed by clicking on the relevant modern award title.
|Aboriginal Community Controlled Health Services Award 2010 [MA000115]||award reviewed|
|Aged Care Award 2010 [MA000018]||application received|
|Air Pilots Award 2010 [MA000046]||application received|
|Aircraft Cabin Crew Award 2010 [MA000047]||award reviewed|
|Airline Operations-Ground Staff Award 2010 [MA000048]||application received|
|Airport Employees Award 2010 [MA000049]||award reviewed|
|Alpine Resorts Award 2010 [MA000092]||application received|
|Aluminium Industry Award 2010 [MA000060]||award reviewed|
|Ambulance and Patient Transport Industry Award 2010 [MA000098]||award reviewed|
|Amusement, Events and Recreation Award 2010 [MA000080]||application received|
|Animal Care and Veterinary Services Award 2010 [MA000118]||application received|
|Aquaculture Industry Award 2010 [MA000114]||application received|
|Architects Award 2010 [MA000079]||application received|
|Asphalt Industry Award 2010 [MA000054]||application received|
|Banking, Finance and Insurance Award 2010 [MA000019]||application received|
|Black Coal Mining Industry Award 2010 [MA000001]||application received|
|Book Industry Award 2010 [MA000078]||award reviewed|
|Broadcasting and Recorded Entertainment Award 2010 [MA000091]||application received|
|Building and Construction General On-site Award 2010 [MA000020]||application received|
|Business Equipment Award 2010 [MA000021]||award reviewed|
|Car Parking Award 2010 [MA000095]||award reviewed|
|Cement and Lime Award 2010 [MA000055]||application received|
|Cemetery Industry Award 2010 [MA000070]||award reviewed|
|Children's Services Award 2010 [MA000120]||application received|
|Cleaning Services Award 2010 [MA000022]||application received|
|Clerks - Private Sector Award 2010 [MA000002]||application received|
|Coal Export Terminals Award 2010 [MA000045]||award reviewed|
|Commercial Sales Award 2010 [MA000083]||application received|
|Concrete Products Award 2010 [MA000056]||application received|
|Contract Call Centres Award 2010 [MA000023]||application received|
|Corrections and Detention (Private Sector) Award 2010 [MA000110]||application received|
|Cotton Ginning Award 2010 [MA000024]||award reviewed|
|Dredging Industry Award 2010 [MA000085]||application received|
|Dry Cleaning and Laundry Industry Award 2010 [MA000096]||application received|
|Educational Services (Post-Secondary Education) Award 2010 [MA000075]||application received|
|Educational Services (Schools) General Staff Award 2010 [MA000076]||application received|
|Educational Services (Teachers) Award 2010 [MA000077]||application received|
|Electrical Power Industry Award 2010 [MA000088]||application received|
|Electrical, Electronic and Communications Contracting Award 2010 [MA000025]||application received|
|Fast Food Industry Award 2010 [MA000003]||application received|
|Fire Fighting Industry Award 2010 [MA000111]||award reviewed|
|Fitness Industry Award 2010 [MA000094]||application received|
|Food, Beverage and Tobacco Manufacturing Award 2010 [MA000073]||application received|
|Funeral Industry Award 2010 [MA000105]||application received|
|Gardening and Landscaping Services Award 2010 [MA000101]||award reviewed|
|Gas Industry Award 2010 [MA000061]||award reviewed|
|General Retail Industry Award 2010 [MA000004]||application received|
|Graphic Arts, Printing and Publishing Award 2010 [MA000026]||application received|
|Hair and Beauty Industry Award 2010 [MA000005]||application received|
|Health Professionals and Support Services Award 2010 [MA000027]||application received|
|Higher Education Industry-Academic Staff-Award 2010 [MA000006]||application received|
|Higher Education Industry-General Staff-Award 2010 [MA000007]||application received|
|Horse and Greyhound Training Award 2010 [MA000008]||award reviewed|
|Horticulture Award 2010 [MA000028]||award reviewed|
|Hospitality Industry (General) Award 2010 [MA000009]||application received|
|Hydrocarbons Field Geologists Award 2010 [MA000064]||award reviewed|
|Hydrocarbons Industry (Upstream) Award 2010 [MA000062]||award reviewed|
|Joinery and Building Trades Award 2010 [MA000029]||application received|
|Journalists Published Media Award 2010 [MA000067]||award reviewed|
|Labour Market Assistance Industry Award 2010 [MA000099]||application received|
|Legal Services Award 2010 [MA000116]||application received|
|Live Performance Award 2010 [MA000081]||application received|
|Local Government Industry Award 2010 [MA000112]||application received|
|Mannequins and Models Award 2010 [MA000117]||application received|
|Manufacturing and Associated Industries and Occupations Award 2010 [MA000010]||application received|
|Marine Tourism and Charter Vessels Award 2010 [MA000093]||application received|
|Marine Towage Award 2010 [MA000050]||application received|
|Maritime Offshore Oil and Gas Award 2010 [MA000086]||review proceedings before DP Smith|
|Market and Social Research Award 2010 [MA000030]||application received|
|Meat Industry Award 2010 [MA000059]||application received|
|Medical Practitioners Award 2010 [MA000031]||award reviewed|
|Mining Industry Award 2010 [MA000011]||award reviewed|
|Miscellaneous Award 2010 [MA000104]||award reviewed|
|Mobile Crane Hiring Award 2010 [MA000032]||application received|
|Nursery Award 2010 [MA000033]||application received|
|Nurses Award 2010 [MA000034]||application received|
|Oil Refining and Manufacturing Award 2010 [MA000072]||application received|
|Passenger Vehicle Transportation Award 2010 [MA000063]||application received|
|Pastoral Award 2010 [MA000035]||application received|
|Pest Control Industry Award 2010 [MA000097]||award reviewed|
|Pharmaceutical Industry Award 2010 [MA000069]||application received|
|Pharmacy Industry Award 2010 [MA000012]||application received|
|Plumbing and Fire Sprinklers Award 2010 [MA000036]||application received|
|Port Authorities Award 2010 [MA000051]||award reviewed|
|Ports, Harbours and Enclosed Water Vessels Award 2010 [MA000052]||award reviewed|
|Poultry Processing Award 2010 [MA000074]||application received|
|Premixed Concrete Award 2010 [MA000057]||application received|
|Professional Diving Industry (Industrial) Award 2010 [MA000108]||award reviewed|
|Professional Diving Industry (Recreational) Award 2010 [MA000109]||award reviewed|
|Professional Employees Award 2010 [MA000065]||application received|
|Quarrying Award 2010 [MA000037]||application received|
|Racing Clubs Events Award 2010 [MA000013]||award reviewed|
|Racing Industry Ground Maintenance Award 2010 [MA000014]||award reviewed|
|Rail Industry Award 2010 [MA000015]||award reviewed|
|Real Estate Industry Award 2010 [MA000106]||application received|
|Registered and Licensed Clubs Award 2010 [MA000058]||application received|
|Restaurant Industry Award 2010 [MA000119]||application received|
|Road Transport (Long Distance Operations) Award 2010 [MA000039]||application received|
|Road Transport and Distribution Award 2010 [MA000038]||application received|
|Salt Industry Award 2010 [MA000107]||award reviewed|
|Seafood Processing Award 2010 [MA000068]||application received|
|Seagoing Industry Award 2010 [MA000122]||review proceedings before VP Watson|
|Security Services Industry Award 2010 [MA000016]||application received|
|Silviculture Award 2010 [MA000040]||award reviewed|
|Social, Community, Home Care and Disability Services Industry Award 2010 [MA000100]||application received|
|Sporting Organisations Award 2010 [MA000082]||application received|
|State Government Agencies Administration Award 2010 [MA000121]||application received|
|Stevedoring Industry Award 2010 [MA000053]||award reviewed|
|Storage Services and Wholesale Award 2010 [MA000084]||application received|
|Sugar Industry Award 2010 [MA000087]||application received|
|Supported Employment Services Award 2010 [MA000103]||award reviewed|
|Surveying Award 2010 [MA000066]||application received|
|Telecommunications Services Award 2010 [MA000041]||application received|
|Textile, Clothing, Footwear and Associated Industries Award 2010 [MA000017]||application received|
|Timber Industry Award 2010 [MA000071]||application received|
|Transport (Cash in Transit) Award 2010 [MA000042]||application received|
|Travelling Shows Award 2010 [MA000102]||award reviewed|
|Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089]||application received|
|Waste Management Award 2010 [MA000043]||application received|
|Water Industry Award 2010 [MA000113]||application received|
|Wine Industry Award 2010 [MA000090]||application received|
|Wool Storage, Sampling and Testing Award 2010 [MA000044]||application received|