The Commission's 2015-2016 Annual Report against the Regulator Performance Framework was approved by the Minister on 21 December 2016.
Some highlights include that during the reporting period:
On 24 November 2016, the Fair Work (Registered Organisations) Amendment Act 2016 (the RO Amendment Act) received royal assent.
The RO Amendment Act will establish the Registered Organisations Commission (ROC), and change the responsibilities and obligations of registered organisations.
There is no start date yet, but the Fair Work Commission currently anticipates that this will occur in the first half of 2017.
Once the RO Amendment Act takes effect some functions that are currently undertaken by the Fair Work Commission will be dealt with by the ROC, and some will continue to be processed by the Fair Work Commission.
For further information on the changes to the legislation go to our new Registered Organisations Commission page.
A registered organisation is:
which has been registered by the Fair Work Commission under the Fair Work (Registered Organisations) Act 2009 (the RO Act).
Some of the rights gained by becoming a registered organisation include:
The Fair Work Commission is responsible for administering the provisions of the RO Act that deal with registration and accountability of registered organisations.
The RO Act sets out obligations to be met by registered organisations in relation to:
The Regulatory Compliance Branch of the Fair Work Commission regulates the compliance of registered organisations.
The Regulatory Compliance Branch uses a risk-based approach to regulation. It does so in order to effectively manage the risks arising from the regulatory framework applicable to registered organisations, while at the same time minimising the regulatory burden on registered organisation.
To represent their members in the national workplace relations system, state-registered employer associations and unions can seek federal recognition under the RO Act, under either:
The Australian Government released the Regulator Performance Framework (the Framework) as part of 2014 Spring Repeal Day on 22 October 2014.
The Framework is an important part of the government’s commitment to reducing the cost of unnecessary or inefficient regulation imposed on individuals, business and community organisations by at least $1 billion a year.
The Framework encourages regulators to undertake functions and achieve objectives with the minimum impact on the regulated community by measuring and publicly reporting performance. Details of the Framework are available on the Government’s Cutting Red Tape website.
All Commonwealth regulators that administer, monitor or enforce regulation will be required to implement the Framework from 1 July 2015.
In accordance with the requirements within the Framework, the Fair Work Commission has developed performance metrics to meet the 6 Key Performance Indicators developed by the Government that will be used to assess our performance and they have been agreed to by the Minister for Employment.
|Key performance indicators||Measures|
|1. Regulators do not unnecessarily impede the efficient operation of regulated entities||
1.1 FWC (RCB) demonstrates an understanding of the operating environment of regulated entities and the current emerging issues that affect those entities
1.2 FWC (RCB) considers and tests potentially negative or unintended consequences of formal decisions prior to those decisions being made
|2. Communication with regulated entities is clear, targeted and effective||
2.1 The FWC (RCB) considers the impact on regulated entities and engages with industry groups and representatives of the affected stakeholders about policies, practices or service standards
2.2 The FWC (RCB) tailors its communication methodologies to meet the diverse requirements of regulated entities
|3. Actions undertaken by regulators are proportionate to the regulatory risk being managed||
3.1 The FWC (RCB) applies a sound risk based proportionate approach to the compliance and monitoring activities of regulated entities
3.2 The FWC (RCB) collects, publishes and utilises compliance trend data to inform its audit strategy
|4. Compliance and monitoring approaches are streamlined and coordinated||
4.1 FWC (RCB) requests for information are tailored to coordinate with the timing of regulated entity activities
4.2 FWC (RCB) takes action to minimise the potential for unintended negative impacts on regulated entities
4.3 FWC (RCB) uses systems to streamline compliance and monitoring processes
|5. Regulators are open and transparent in their dealings with regulated entities||
5.1 FWC (RCB) demonstrates its transparency by extensively publishing its operations and activities
5.2 FWC (RCB) takes action to publicise its performance measurement results
|6. Regulators actively contribute to the continuous improvement of regulatory frameworks||
6.1 FWC (RCB) improves the efficiency and effectiveness of the regulatory framework
6.2 FWC (RCB) publicly shares information about the compliance trends of all regulated entities to encourage entities to achieve high levels of compliance