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adjournment

To end proceedings or to suspend them to another time or place.

appeal

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

Bullying at work, as defined by the Fair Work Act 2009, occurs when:

  • a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work, and
  • the behaviour creates a risk to health and safety.

Bullying does not include reasonable management action carried out in a reasonable manner.

bullying policy

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.

code of conduct

A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.

Commission

Abbreviation for Fair Work Commission.

Commonwealth

Refers to the Commonwealth government or an Australian territory.

conference

A private proceeding conducted by a Fair Work Commission Member.

constitutionally covered business

A constitutionally covered business is:

  • a proprietary limited company
  • a foreign corporation
  • a trading or financial corporation formed within the limits of the Commonwealth
  • the Commonwealth
  • the Commonwealth authority
  • a body corporate incorporated in a territory
  • a business or organisation conducted principally in a territory or Commonwealth place.

It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.

decision

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.

directions

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.

evidence

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.

Fair Work Act 2009

The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.

Fair Work Commission

Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.

Full Bench

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.

harassment

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.

hearing

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.

jurisdiction

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.

jurisdictional objection

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.

matter

A case or legal proceeding before the Commission.

mediation

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.

Member

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.

non-constitutional corporation

An entity that is not a constitutional corporation. The following are not constitutional corporations:

  • sole traders
  • partnerships
  • some state government bodies
  • corporations whose activities do not include significant trading or financial functions (e.g. some charities).

order

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.

outcome

The end result of an application made to the Commission.

outline of submissions

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.

partnership

An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.

party

A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent. 

principal

A person or business that has entered into a contract for services with an independent contractor.

private enterprise

A business owned and operated by private individuals for profit, instead of by a government or its agencies.

procedural fairness

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.

pty ltd

A proprietary limited company. A constitutionally covered business.

reasonable management action

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:

  • performance management processes
  • disciplinary action for misconduct
  • informing a worker about unsatisfactory work performance or inappropriate work behaviour
  • asking a worker to perform reasonable duties in keeping with their job, and
  • maintaining reasonable workplace goals and standards.

In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.

service/to serve

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.

sole trader

An organisation in which one person is responsible for the business.

WHS

Abbreviation for work health and safety.

WHS state or territory regulator

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.

witness statement

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.

worker

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:

  • an employee
  • a contractor or subcontractor
  • a person employed by a labour hire company who is working at a particular business or organisation
  • an outworker
  • an apprentice or a trainee
  • a work experience student
  • a volunteer.

Only people who are considered to be workers may apply for an order to stop bullying at work.

workplace

A place where a person performs work.

workplace bullying

See bullying at work.

Enquiries

Please review the information provided on this page before contacting the Commission with your enquiry.

Media enquiries should be directed to:

Information for media representatives

This page provides media representatives with the key information for reporting on matters before the Commission.

Here you will find guidance and information on the processes for obtaining information, some tips for reporting on the Commission and other useful details to help media representatives when covering matters before or relating to the Commission.  

Subscribe to updates

Media regularly reporting on the work of the Commission may also be interested in subscribing to our free, email update services.

For details of each service, and to subscribe, go to the Subscribe to updates page.

How to refer to the Commission and its Members

All references to the tribunal should either be the Fair Work Commission or the Commission.

  • On 1 January 2013, Fair Work Australia was renamed the Fair Work Commission.  References to Fair Work Australia, FWA or Fair Work are incorrect.

Members of the Fair Work Commission are statutory appointments and should be referred to by their appropriate title and surname:

  • President
  • Vice President
  • Senior Deputy President
  • Deputy President or
  • Commissioner.

A full list of Commission Members, their titles and the spelling of their surname can be found on the Commission Members page on this website.

As the Commission is a tribunal not a court, its matters are conducted in hearing rooms rather than court rooms.

Finding information on the Commission’s website

There are several ways to find important information on the Commission’s website.

On the home page of our website you can use the 'Quick links for: Media' drop down to find links to the information most commonly used by media representatives when reporting on Commission matters.

These include:

Information commonly sought by the media includes:

Other useful links on the Commission’s website include:

  • Subscription service – here you can subscribe to any of the Commission’s regular email update services.
  • Find an agreement search – here you can search for any current or archived agreements.
  • Transcripts – if a transcript is ordered for a Commission matter it will be published here in chronological order.
  • Protected action ballot results – this is a list of all protected action ballot results. These are listed in chronological order.
  • Document search – use this tool to search the content of agreements and decisions.

Different matters types before the Commission

Different ways matters can be dealt with by the Commission

Attending hearings (including use of recording equipment)

The Commission has premises in every capital city. Details on the addresses and contact details for each of these offices can be found on the Commission’s website.

The hearings list provides details of proceedings taking place at the Commission up to 7 days in advance. However, hearings and conferences can sometimes change rooms or times on the day so it is often useful to also check the noticeboard either located in the foyer or in the Registry area on the day of the proceeding.

Hearings are generally open to the public, though if you are unsure it may be useful to check with the Media and Communications Team before attending the Commission. All conferences are usually private and closed to the public.

Public areas

Media are permitted to use public areas outside hearing rooms for interviews and mobile phone conversations – provided they do not interfere with the work of the Commission.

Cameras may also be used in such areas – provided those being photographed or filmed do not object, and there is no interference with the work of the Commission.

Hearing & conference rooms not in session

Commission hearing and conference rooms not in session may not be used for any media activities unless arrangements have been made through the Manager Media & Communications or the relevant Commission state manager.

Guidelines for the use of recording equipment

Note: The use of television and still cameras and other electronic equipment in Commission proceedings is at the discretion of the Commission Member or Members involved.

Journalists may cover proceedings of the Commission held in public (ie public hearings), but not private conferences. In general, Commission proceedings are public if the hearing room door is open and private if the door is closed.

A request will need to be made to the Media and Communication’s Team or the relevant Member’s associate in relation to use of any recording device (including cameras) in a hearing room.

Please note the use of recording devices in hearings is only possible in very limited circumstances.

Cameras

To use television or still cameras or any other electronic equipment in a Commission hearing room you must have the permission of the Member hearing the matter, or in the case of a Full Bench, the presiding Member.

Media are asked to make such requests by contacting the Manager Media & Communications or the associate of the relevant Member.

Audio recording

Journalists may take notes in public proceedings, but sketching and the use of audio recorders (for note-taking or broadcast) is only permitted in hearing rooms with the permission of the Commission Member concerned.

As with requests for camera access, media are asked to seek permission for the use of such equipment through the Manager Media & Communications or the associate of the relevant Member.

Use of mobile devices at the Commission

The following rules relate to the acceptable use of mobile devices during Commission conferences and hearings.

Mobile devices can include mobile phones, smart phones and tablets.

  1. Mobile devices may be used during Commission conferences and hearings at the discretion of the Member.
  2. Mobile devices must be on silent in all hearing and conference rooms, as well as general waiting areas.
  3. The recording of any video or audio files or the taking of photographs during proceedings is strictly prohibited.

The Commission provides free guest wi-fi in all Commission offices, including hearing rooms and conference rooms. Please read the Guest wi-fi service terms & conditions before accessing the service.

Data and statistics

For statistics on the Commission, see the annual reports and the quarterly reports.

Any other reports released by the Commission can also be accessed on the Reports and publications section of the Commission’s website.

For any other enquiries in relation to statistics on the Commission please contact the Media and Communications Team.

File inspection

To request access to any Commission documents or to inspect files please contact the Media and Communications Team at communications@fwc.gov.au.

Please note that all unfair dismissal, general protections and anti-bullying case files have a very strict privacy policy and access may not be granted.

All requests for file access will depend upon the circumstances of the matter and are subject to the presiding Member’s approval.

For further information please see the Commission’s Privacy policy.

Requests for comment

Any request for comment should be directed to the Media and Communications Team at communications@fwc.gov.au.

 

 

 

 

 

 

 

 

 

 

 

Updated time

Last updated

17 May 2018

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