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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
          • Object to an application for unfair dismissal remedy (Form F4)
          • Jurisdiction hearings in unfair dismissal cases
      • Conciliation for unfair dismissal
        • What is conciliation?
        • Tips to prepare for conciliation
        • What happens in a conciliation meeting
        • Options at conciliation for unfair dismissal
        • The role of the independent conciliator
        • Ask to delay a conciliation
      • Withdraw your application for unfair dismissal
      • Possible results of unfair dismissal claims
        • Compensation for unfair dismissal
          • The formula to calculate compensation
        • Reinstatement after unfair dismissal
        • Outcomes or remedies at an unfair dismissal hearing
    • Dismissal under general protections
      • About general protections
        • Understand general protections
        • Who the general protections laws cover
          • The difference between contractors and employees
        • Check eligibility for general protections
        • What is adverse action?
        • Prohibited reasons in general protections
        • Other workplace protections
      • The process for general protections dismissal
      • Apply for general protections – dismissal (Form F8)
      • Responding to a general protections claim
        • Response to general protections application (Form F8A)
        • Object to a general protections dismissal claim
      • Conferences for general protections dismissal
        • Tips to prepare for a general protections conference
      • Possible outcomes of a general protections – dismissal case
      • Apply for arbitration of a general protections – dismissal case (Form F8B)
      • Take your general protections case to court
    • Unlawful termination
      • Apply for help with unlawful termination (Form F9)
      • Respond to an application for unlawful termination (Form F9A)
      • Agree to arbitration for unlawful termination (Form F9B)
    • Redundancy
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to promote cooperative workplaces and prevent disputes (Form F79)
    • Bullying
      • The process to resolve workplace bullying
      • What is bullying at work?
        • About reasonable management action
      • What to do if you’re bullied at work
        • How we help stop workplace bullying
        • Who can apply to stop bullying
          • Check eligibility for an order to stop bullying
        • Apply to stop workplace bullying 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
      • Sexual harassment that occurred or started before 6 March 2023
        • What is sexual harassment at work
        • Who can apply for orders to stop sexual harassment at work
        • Discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed at work
        • Apply to stop sexual harassment at work
        • Respond to an application about sexual harassment at work
        • The Commission’s process to resolve sexual harassment at work
        • Conciliation about sexual harassment at work
        • Conferences and hearings about sexual harassment at work
      • Sexual harassment commencing from 6 March 2023
        • The prohibition on workplace sexual harassment
        • What is sexual harassment in connection with work?
        • Who can apply to us to deal with a sexual harassment dispute
        • Sexual harassment and discrimination, the general protections and work health and safety
        • What to do if you’re sexually harassed in connection with work
        • The process for sexual harassment dispute claims
        • How to apply to us to deal with a sexual harassment dispute
        • Apply to resolve a sexual harassment dispute (Form F75)
        • How to respond to a sexual harassment dispute application
        • Respond as an individual to an application to deal with a sexual harassment dispute (Form F76)
        • Respond as an employer or principal to an application to deal with a sexual harassment dispute (Form F77)
        • Member conferences and determinative hearings in sexual harassment disputes
          • Member conferences in sexual harassment disputes
          • Determinative conferences and hearings in sexual harassment disputes
          • Keeping the sexual harassment dispute case confidential
        • Sexual harassment disputes that are not resolved
    • Discrimination
    • 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 permanent status
      • Apply to resolve a dispute about casual conversion (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • 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
    • Industrial action
      • 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)
        • Apply to become an eligible protected action ballot agent (Form F34C)
      • Eligible protected action ballot agents
      • Types of industrial action
      • Payments during industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • 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)
  • Agreements & awards
    • 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
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Resolve a dispute about bargaining
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Apply for 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)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
      • Terminate an enterprise agreement
        • Apply to terminate an enterprise agreement by agreement (Form F24)
        • Ways to terminate an individual agreement (IABTI)
        • Declaration to support the termination of an agreement (Form F24A)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the expiry date (Form F24D)
      • Sunsetting of pre-2010 agreements
        • Types of pre-2010 agreements
        • Our list of pre-2010 agreements
        • What to do if you have a pre-2010 agreement
        • Extending the default period for a pre-2010 agreement
        • 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)
  • Hearings & decisions
    • Hearings schedule
      • Adelaide hearings
      • Brisbane hearings
      • Canberra hearings
      • Darwin hearings
      • Hobart hearings
      • Melbourne hearings
      • Perth hearings
      • Sydney hearings
      • Regional hearings
    • How the Commission works
      • What to do when we set your tribunal date
      • About conferences and hearings
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • What happens during a hearing
        • Inside the hearing room
      • On the day of your conference or hearing
      • Recording a hearing or conference
      • Ask to delay a hearing or conference
    • Appeal a decision or order
      • The appeals process
        • Reasons you may appeal a decision or order
        • Who can appeal a decision?
        • How to appeal a decision
        • Order to ‘stay’ all or part of a decision
        • Create an appeal book
      • Prepare for an appeal hearing
        • Prepare an outline of submissions for an appeal
        • What happens in an appeal hearing
        • Who sits on an Appeal Bench?
      • Timetable of appeal hearings
      • Results of appeals
      • Apply for permission to appeal (Form F7)
    • Decisions and orders
      • National wage and safety net review decisions
      • Significant decisions and summaries
    • Major cases
      • 4 yearly review
        • All decisions and statements
        • Alleged NES inconsistencies
        • Awards under review
        • Common issues
          • Abandonment of employment
          • Annual leave
          • Annualised salaries
          • Apprentice conditions
          • Award flexibility
          • Blood donor leave
          • Casual employment
          • Family and domestic violence leave
          • Family friendly work arrangements
          • Micro business schedule
          • National Training Wage
          • Overtime for casuals
          • Part-time employment
          • Payment of wages
          • Penalty rates case
            • Decisions & statements
            • General Retail Industry Award
            • Hair and Beauty Industry Award
          • Public holidays
          • Transitional provisions
        • Final stage proceedings
        • Plain language re-drafting
          • Fast Food Industry Award
          • Hair and Beauty Industry Award
        • Timetable
      • Annual wage reviews
        • Annual Wage Review 2022–23
          • Additional material for the Annual Wage Review 2022-23
          • Correspondence for the Annual Wage Review 2022–23
          • Decisions & statements for the Annual Wage Review 2022–23
          • 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
          • 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
      • Apple Retail Enterprise Agreement 2014 – application to terminate
      • Early education and care industry supported bargaining authorisation application
      • IEUA WA Branch – single interest employer authorisation
      • Modern Awards Review 2023–24
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of certain C14 rates in modern awards
      • Superannuation fund reviews
      • United Firefighters' Union of Australia – intractable bargaining declaration
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions & statements
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
      • Previous major cases
        • 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 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
        • 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
        • 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
        • IPCA (VIC, ACT & NT) Agreement 2011 – Application to terminate
        • Independent Education Union of Australia WA Branch – single interest employer authorisation
        • Modern awards review 2012
          • Awards reviewed 2012
        • Svitzer Australia Pty Limited industrial action
        • Undergraduate qualifications review
        • Virgin Australia Regional Airlines – intractable bargaining declaration
    • 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
              • Threats to persons or the economy
              • Suspending industrial action
            • Requirements relating to a period of suspension
          • Powers of the Minister
        • Enforcement
        • Appeals
      • Sexual harassment benchbook
      • 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
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Registered organisations

  • Entry permits
    • Find an entry permit
    • When an official can enter a workplace
    • Training that permit holders must complete
    • When to return an entry permit
    • About Fair Work entry permits
      • Who can hold a Fair Work Entry permit
      • How to apply for a Fair Work entry permit
        • Entry permit – photo and signature declaration (Form F42C)
      • Apply for a Fair Work entry permit (Form F42)
      • How we process Fair Work entry permit applications
      • Rules for a Fair Work entry notice
      • Rights and obligations of Fair Work entry permit holders
      • Apply for an affected member certificate (Form F45)
      • Apply to be exempt from providing an entry notice (Form F44)
    • About Work Health and Safety entry permits
      • Apply for a WHS entry permit (Form F42A)
      • Statutory declaration to support an application for a WHS entry permit (Form F42B)
      • Rules for a WHS entry notice
      • Rights and obligations of WHS permit holders
    • Disputes about entry to workplaces
      • Apply to resolve a right of entry dispute (Form F12)
  • What is a registered organisation
    • Object to joining an employee or employer association (Form F69)
    • Services for employer associations, unions and enterprise unions
    • Renew an objection to joining an employee or employer association (Form F70)
  • Find a registered organisation
    • Find a recognised state-registered association
  • Running a registered organisation
    • Rules for unions and employer associations
    • Change the rules of a union or employer association
      • Apply to change the name of a registered organisation (Form F67)
      • Apply to change the eligibility rules of a employer association or union (Form F68)
      • Application for leave to change name and to alter rules (Form F59)
      • Apply to change eligibility rules of a federal counterpart (Form F68A)
      • Apply to change 'other' rules of a registered organisation
    • Lodge an annual return in a registered organisation
      • Complete the annual return template
    • Elections
      • The election process
      • The AEC, voting methods and exemptions
      • Casual vacancies and insufficient nominations
      • Disqualification from holding office
      • Election offences
      • Our Election Alert Program
    • Notify us of changes in your organisation
    • Financial reporting
      • Financial reporting obligations
      • Financial reporting exemptions
      • 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
      • Giving, receiving or soliciting a corrupting benefit
      • Disclosure rules during enterprise bargaining
    • Loans, grants and donations statement
    • 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
    • Book a Governance to You visit
    • Compliance trends and updates
      • Compliance updates
      • Measuring compliance trends
    • 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
      • Podcast
      • Regulatory education library
    • Newsletters
    • Summaries of court cases
      • 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
  • 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
  • Notices in the Gazette

Inquiries, investigations and litigation

Introduction

Inquiries and investigations may be made or conducted into whether an organisation has complied with its own rules regarding finances, financial administration and financial reporting requirements. They also may be made into whether a civil penalty provision of the Fair Work (Registered Organisations) Act 2009 has been breached.

On this page:

  • Inquiries and investigations
  • Current inquiries and investigations
  • Concluded inquiries and investigations
  • Federal Court proceedings
  • Summaries of court cases
Content

Most matters about non-compliance are resolved quickly once we get involved. However, a few matters may become the focus of a formal inquiry of investigation under Part 4 of Chapter 11 of the Registered Organisations Act. We do not publicise information about protected disclosure investigations.

The General Manager of the Fair Work Commission undertakes inquiries and investigations in accordance with the provisions of the legislation and the principles of procedural fairness. This includes:

  • providing notice of proposed adverse findings to the relevant parties
  • giving organisations an opportunity to respond before finalising the findings.

Inquiries and investigations are in addition to the routine examination of financial reports. 

We appreciate voluntary cooperation during inquiries and investigations. 

In an investigation, we may use compulsory information-gathering powers to perform a detailed examination of the facts.

Following an inquiry or investigation, the General Manager will decide whether further enforcement action is appropriate. In a limited number of cases involving serious non-compliance, we will take court action.

For more information about how we investigate and enforce possible non-compliance see our Compliance and Enforcement Policy.

Inquiries and investigations

Prior to 1 May 2017 the inquiries and investigations listed on this page were conducted by the General Manager of Fair Work Australia or the Fair Work Commission.

The Registered Organisations Commission undertook inquiries, investigation and litigation between 1 May 2017 to 5 March 2023.

From 6 March 2023 those duties were transferred back to the General Manager of the Fair Work Commission.

Current inquiries and investigations

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Inquiries

  • Community and Public Sector Union SPSF Group Western Australia Prison Officers’ Union Branch – inquiry commenced 24 January 2023
  • Building Services Contractors Association of Australia, New South Wales Division – inquiry commenced 14 December 2022
  • Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, Queensland, District Branch – inquiry commenced 20 December 2022

Investigations

  • Health Services Union Victoria No. 1 Branch – investigation commenced 2 February 2022

Concluded inquiries and investigations

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2023

  • Clay Brick and Paver Association of New South Wales – inquiry commenced 21 September 2022; concluded 24 April 2023; organisation's registration ceased on 2 June 2023 
  • National Retail Association – inquiry commenced 21 July 2022 and concluded 1 February 2023

2022

  • Real Estate Employers Federation - inquiry commenced 3 March 2022, inquiry suspended 29 September 2022 pending further response from organisation; reinstated on 25 November 2022 and concluded 5 December 2022
  • Australian Education Union, Australian Capital Territory Branch – investigation commenced 23 February 2022 and concluded 21 October 2022
  • Independent Education Union of Australia, WA Branch – inquiry commenced 27 January 2021 and concluded 20 September 2022
  • The Australian Workers’ Union, National Office and all branches (excluding Victoria branch) – investigation commenced 17 February 2021 and concluded 29 August 2022
  • The Master Plumbers’ and Mechanical Contractors Association of New South Wales – investigation commenced 10 September 2021 and concluded 25 March 2022
  • Restaurant and Catering Industrial – investigation commenced 13 July 2021 and concluded 22 February 2022

2021

  • The Australian Workers’ Union, National Office and Victorian Branch – investigation commenced 20 October 2017, suspended 25 October 2017, reinstated 19 January 2021 and concluded 21 December 2021
  • Motor Traders' Association of NSW – investigation commenced 5 November 2018 and concluded 11 November 2021
  • Master Builders’ Association of Tasmania Inc. – inquiry commenced 27 January 2021 and concluded 23 August 2021
  • Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, Queensland District Branch - investigation commenced 14 March 2018 and concluded 23 June 2021
  • Queensland Real Estate Industrial Organisation of Employers – inquiry commenced 14 January 2020 and concluded 19 May 2021

2020

  • Restaurant and Catering Industrial - inquiry commenced 25 February 2020 and concluded 21 July 2020
  • The Australian Workers' Union, Western Australia Branch - inquiry commenced 31 July 2019 and concluded 15 July 2020
  • Health Services Union Victoria No. 1 Branch - investigation commenced 16 January 2019 and concluded 4 June 2020
  • The Master Builders' Association of Victoria - inquiry commenced 31 July 2019 and concluded 22 May 2020
  • Australian Property Services Association - investigation commenced 9 August 2018 and concluded 16 January 2020

2019

  • National Union of Workers, New South Wales Branch – investigation commenced 13 July 2018 and concluded 7 November 2019
  • Clubs Victoria Inc. - investigation commenced 1 November 2018 and concluded 11 July 2019

2018

  • Australian Hotels Association, Queensland Branch – investigation commenced on 20 October 2017 and concluded 5 October 2018
  • Clubs Victoria Inc. – inquiry commenced 11 May 2018 and concluded 27 August 2018
  • The Master Builders' Association of New South Wales – inquiry commenced 8 May 2018 and concluded 10 August 2018
  • Australian Road Transport Industrial Organisation, Tasmanian Branch – inquiry commenced 8 May 2018 and concluded 10 August 2018
  • The Australian Workers' Union, Victorian Branch – investigation commenced 2 November 2016 and concluded 19 March 2018
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – investigation commenced 22 September 2017 and concluded 13 April 2018
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division, NSW Branch – inquiry commenced 8 December 2017 and concluded 22 March 2018
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division, Victorian and Tasmanian Branches – investigation commenced 24 May 2017 and concluded 16 February 2018
  • Health Services Union, Tasmania Branch – inquiry commenced 15 September 2017 and concluded 8 January 2018

2017

  • Transport Workers' Union of Australia – inquiry commenced 28 June 2017 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 23 October 2017
  • United Firefighters' Union of Australia, Victorian Branch – inquiry commenced 13 July 2017 and concluded 6 October 2017
  • Health Services Union East Branch – inquiry commenced 5 June 2017 and concluded 31 August 2017
  • Flight Attendants' Association of Australia, International Division – inquiry commenced 23 June 2017 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 30 August 2017
  • Textile, Clothing and Footwear Union of Australia, South Australian/Tasmanian Branch (prior to its merger with the New South Wales Branch on 4 September 2006) – investigation commenced 15 July 2013 and concluded 27 February 2017
  • Australian Nursing and Midwifery Federation, Western Australian Branch – inquiry commenced 29 January 2016 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 10 February 2017

2016

  • Health Services Union Victorian No.1 Branch – investigation commenced 19 September 2013 and concluded 30 December 2016
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division, Victorian Branch – inquiry commenced 28 July 2016 and concluded 14 October 2016
  • Construction, Forestry, Mining and Energy Union, Construction and General Division, New South Wales Branch – inquiry commenced 8 June 2016 and concluded 10 August 2016
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Communications Division, Tasmanian Branch – investigation commenced 23 February 2016 (commenced as an inquiry on 11 May 2015) and concluded 26 July 2016
  • Australian Salaried Medical Officers Federation, National Office – inquiry commenced 8 January 2016 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 11 July 2016
  • Transport Workers' Union of Australia, Western Australian Branch – investigation commenced on 13 April 2016 and concluded 8 July 2016
  • Transport Workers' Union of Australia – investigation commenced 1 March 2016 (commenced as an inquiry on 5 March 2015) and concluded 27 June 2016
  • Flight Attendants’ Association of Australia, International Division – investigation commenced 2 December 2013 and concluded 23 May 2016
  • Musicians' Union of Australia, Federal Office – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
  • Musicians' Union of Australia, Melbourne Branch – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
  • Musicians' Union of Australia, Sydney Branch – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
  • Musicians' Union of Australia, Hobart Branch – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
  • Australian Salaried Medical Officers Federation, Queensland Branch – inquiry commenced 11 January 2016 and concluded 11 March 2016
  • Transport Workers' Union of Australia – inquiry commenced 5 March 2015 and concluded 29 February 2016
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Communications Division, Tasmanian Branch – inquiry commenced 11 May 2015 and concluded 22 February 2016

2015

  • CPSU, the Community and Public Sector Union, SPSF Group, Queensland Branch – inquiry commenced 21 September 2012 and concluded 7 December 2012, investigation commenced 7 December 2012 and concluded 12 November 2015
  • Australian Childcare Centres Association – investigation commenced 23 November 2012; suspended 1 May 2013 (pending outcome of proceedings before the Commission concerning cancellation of registration); resumed 1 September 2014 (following the conclusion of proceedings before the Commission) and concluded 24 March 2015
  • Australian Rail, Tram and Bus Industry Union, Queensland Branch (Tram and Bus Division) – inquiry commenced 26 April 2013 and concluded 3 February 2015

2014

  • The Pastoralists' and Graziers' Association of Western Australia (Incorporated) – inquiry commenced 17 March 2014 and concluded 9 December 2014
  • Health Services Union, Victoria No. 1 Branch – inquiry commenced 23 January 2013 and concluded 5 December 2014
  • Australian Nursing Federation, Western Australian Branch – investigation commenced 3 January 2013 and concluded 28 November 2014
  • Australian Salaried Medical Officers Federation, National Office – investigation commenced 20 October 2014 and concluded 14 November 2014
  • Australian Salaried Medical Officers Federation, Queensland Branch – investigation commenced 23 November 2012 and concluded 24 October 2014
  • Australian Salaried Medical Officers Federation, National Office – inquiry commenced 28 January 2013 and concluded 20 October 2014
  • Health Services Union, National Office – inquiry commenced 15 April 2013 and concluded 17 October 2014
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – inquiry commenced 4 September 2012 and concluded 26 February 2014
  • Musicians' Union of Australia (separate investigations concerning each of the Federal Office, the Sydney Branch, the Melbourne Branch and the Hobart Branch) – inquiries commenced 23 November 2012 and concluded 19 February 2014

2013

  • Flight Attendants’ Association of Australia, International Division – inquiry commenced 29 April 2013 and concluded 1 December 2013
  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Electrical, Energy and Services Division NSW Branch – inquiry commenced 11 February 2013 and concluded 7 October 2013
  • Tasmanian Branch of United Voice (formerly known as the Liquor, Hospitality and Miscellaneous Union) – inquiry commenced 23 July 2012 and concluded 25 March 2013

2012

  • CPSU, the Community and Public Sector Union, SPSF Group, Queensland Branch – inquiry commenced 21 September 2012 and concluded 7 December 2012
  • Local Government Association of New South Wales – inquiry commenced 13 June 2012 and concluded 9 August 2012
  • Health Services Union National Office – inquiry commenced 6 April 2009 and concluded 26 March 2010, investigation commenced 26 March 2010 and concluded 28 March 2012

2011

  • Health Services Union Victoria No. 1 Branch – inquiry commenced 29 January 2009 and concluded 27 April 2010, investigation commenced 27 April 2010 and concluded 23 December 2011

Federal Court proceedings

The General Manager can commence proceedings in the Federal Court when a registered organisation, its officers, employees and auditors don't comply with the Registered Organisations Act.

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Current Federal Court proceedings

  • General Manager of the Fair Work Commission v The Australian Workers’ Union [NSD992/2022] – commenced 17 November 2022
  • General Manager of the Fair Work Commission v Stephen Smyth  [QUD411/2021] – commenced 30 November 2021

Completed Federal Court proceedings

  • Registered Organisations Commissioner v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [NSD802/2018] – commenced 10 May 2018; judgment delivered 11 February 2020. Appeal: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner [NSD338/2020] – commenced 23 March 2020; judgment delivered 22 December 2020
  • Registered Organisations Commissioner v The Australian Workers' Union & Anor [VID583/2018] – commenced 16 May 2018; judgment delivered against first respondent on 12 August 2020 and second respondent 12 November 2019 
  • Registered Organisations Commissioner v Australian Hotels Association [VIC1442/2018] – commenced 13 November 2018; judgment delivered 17 September 2019 
  • Registered Organisations Commissioner v Australian Nursing and Midwifery Federation & Anor [WAD470/2015] – commenced 21 August 2015; judgment delivered on liability on 13 November 2018 and penalty on 14 December 2018 
  • Registered Organisations Commissioner v Transport Workers Union [NSD2041/2016] – commenced 25 November 2016; judgment delivered 2 February 2018. Appeal: Transport Workers Union of Australia v Registered Organisations Commissioner [NSD232/2018] – judgment delivered 21 November 2018
  • Registered Organisations Commissioner v Michael Mijatov  [NSD2181/2016] – commenced 19 December 2016 and concluded on 22 June 2018 
  • General Manager of the Fair Work Commission v James McGiveron and Richard Burton [WAD 363 of 2016] – commenced on 8 August 2016 and concluded on 21 April 2017
  • General Manager of Fair Work Australia v Musicians’ Union of Australia & Anor [VID620/2014] – commenced 21 October 2014 and concluded on 30 March 2016
  • General Manager of Fair Work Australia v Craig Thomson External [VID 798/2012] – commenced 15 October 2012 and concluded on 15 December 2015 
  • General Manager of Fair Work Australia v Health Services Union & Ors [VID 380/2012] – commenced 23 May 2012 and concluded on 10 September 2014 
  • General Manager of Fair Work Australia v Health Services Union [VID1128/2012] – commenced 21 December 2012 and concluded 4 December 2013 

Summaries of court cases

We have a collection of summarised court cases to help you gain an understanding of the relevant provisions of the legislation. Use these to learn from cases that have been brought before the Federal and other courts. 

Browse summaries of court cases.

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 26 Jul 2023
Location on last update: https://www.fwc.gov.au/registered-organisations/inquiries-investigations-and-litigation