Parties to matters before the Fair Work Commission may apply to have a conference or hearing adjourned to a later time or date.
There should be no presumption that an adjournment will be granted. The principles in relation to adjourning (or staying) proceedings are as follows:
- a party to a matter before the Commission has a right to have the matter determined as quickly as possible
- serious consideration needs to be given before any action interferes with this right
- the party who applies for the adjournment must prove that it is necessary
- a party is not automatically entitled to an adjournment because they are involved in a criminal hearing, and
- an application for an adjournment must be determined on its own merits.
The Commission’s task is a ‘balancing of justice between the parties’ taking all relevant factors into account.