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.
In June each year Commission staff prepare draft determinations adjusting expense-related allowances in modern awards for the applicable CPI index figure. The determinations are published consistent with the process outlined in the Statement issued on 20 May 2010 ( FWA 3857).
As part of the Award flexibility common issue to the 4 yearly review of modern awards the Commission engaged an external research provider to conduct research into multiple modern award coverage and the utility of majority clauses.
The qualitative research was conducted with 27 employers and 19 employees covering small (5–19), medium (20–199) and large (200+) enterprises in Sydney and Melbourne. Two employee and two employer organisations also participated in the research.
The Commission has commissioned research into the usability of modern award documents for small business owners (1-19 employees) located in metropolitan and regional areas.
The report details the findings of focus groups and in depth interviews undertaken with 47 small business owners from both metropolitan and regional areas of Victoria and New South Wales.
Commission staff have prepared a list of federal and state awards (award-based transitional instruments) which are relevant to the Part 10A award modernisation process. This list can be downloaded as an Excel spreadsheet through the link below.
This list contains industry/occupation award-based transitional instruments which are potentially affected by award modernisation. The allocation of instruments to modern awards is indicative only. The coverage clause, classifications and any exclusions contained within modern awards determine their coverage. Employers or employees seeking advice to determine which modern award they may be covered by should contact the Fair Work Ombudsman.
The first tab (Pre-reform awards and NAPSAs) lists all industry/occupation federal pre-reform awards and state awards currently operating under the national workplace relations system as Notional agreements preserving state awards (NAPSAs) and the modern award(s) which may now cover employers and employees previously bound by this award or NAPSA. The text of each award can be viewed by clicking on the code for that award.
The second tab (Modern award titles) lists all modern awards that commenced on 1 January 2010 with a link to the modern award.
The third tab (Sorted by Modern award) lists all modern awards and the pre-reform awards and NAPSAs which may have covered these employers and employees prior to the making of this modern award.
This audit is currently a draft for comment. Please email any inquiries or feedback to the Modern Awards Team at email@example.com.
Termination of some of these instruments is required by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Item 3 of Schedule 5).
Termination of some instruments is required by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Item 3 of Schedule 5). Downloadable lists of award-based transitional instruments are available to assist those parties involved in the termination of instruments process on the Termination of instruments page.
Commission staff have prepared a list of enterprise award-based instruments. Updated lists of are available to assist those parties involved in the termination of instruments process on the Termination of instruments page.
Commission staff have prepared indicative lists of instruments that contain provisions that may be preserved in relation to long service leave, redundancy, accident pay and district allowances.
These lists of are available on the Termination of instruments page.
In 2008–09 staff prepared schedules comparing wages and conditions in a range of pre-reform awards and NAPSAs.
Any enquiries or feedback regarding the comparative schedules should be forwarded by email to firstname.lastname@example.org.
A Microsoft Word template and associated guide have been prepared by Commission staff to assist parties in the preparation of draft modern awards (in line with the preferred style of the Fair Work Commission).
The guide relates to style and format only. It does not purport to recommend the content of any modern award or award clause.