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Job loss or dismissal
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Unfair dismissal
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About unfair dismissal
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What is unfair dismissal?
Who the law protects from unfair dismissal
The process for unfair dismissal claims
Check you are ready to apply for unfair dismissal
Unfair dismissal – can you apply?
Respond to an unfair dismissal claim
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What to do when an employee claims unfair dismissal
Respond to a claim for unfair dismissal (Form F3)
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Help with Form F3 – Employer response to unfair dismissal
Object to an unfair dismissal claim
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Reasons to object to an unfair dismissal claim
Jurisdiction hearings in unfair dismissal cases
Conciliation for unfair dismissal
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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
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Compensation for unfair dismissal
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The formula to calculate compensation
Reinstatement after unfair dismissal
Outcomes or remedies at an unfair dismissal hearing
Unfair deactivation or termination for regulated workers
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Unfair deactivation for employee-like workers
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Apply for unfair deactivation (for regulated workers) (Form F89)
Response to an unfair deactivation application (Form F89A)
Unfair termination for regulated road transport contractors
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Apply for unfair termination (for regulated workers) (Form F90)
Respond to an unfair termination application (Form F90A)
The process for unfair deactivation or termination claims
Unlawful termination
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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
Workplace disputes
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Bullying
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The process to resolve workplace bullying
What is bullying at work?
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About reasonable management action
What to do if you’re bullied at work
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How we help stop workplace bullying
Who can apply to stop bullying
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Check eligibility for an order to stop bullying
Apply to stop workplace bullying at work (Form F72)
Respond to a bullying claim
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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
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Prepare for a conciliation session
Sexual harassment
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What is workplace sexual harassment
What you can do if you’ve been sexually harassed
Who can make a sexual harassment application
Discrimination, the general protections and work health and safety
How we deal with sexual harassment cases
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Member conferences
Determinative conferences and hearings
If the sexual harassment dispute is not resolved
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Notice of consent to arbitration (Form F78)
Apply to resolve a sexual harassment dispute (Form F75)
Apply to stop sexual harassment that started before 6 March 2023 (Form F72A)
Respond to an application about workplace sexual harassment
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Respond as an individual (Form F76)
Respond as an employer or principal (Form F77)
Respond as an employer or principal from before 6 March 2023 (Form F73A)
Respond as a person named from before 6 March 2023 (Form F74A)
General protections and harmful (adverse) action
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General protections applications involving dismissal
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General protections dismissal – can you apply?
General protections applications not involving dismissal
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Apply for general protections – no dismissal (Form F8C)
Respond to a claim for general protections
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Response to a general protections application involving dismissal (Form F8A)
Response to general protections – no dismissal (Form F8D)
Object to a general protections claim
Flexible work and unpaid parental leave requests
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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)
Dispute about an award or agreement
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Apply to resolve a dispute about an award or agreement (Form F10)
Other workplace disputes
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Common issues in the workplace
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Resolve a dispute in your workplace
Casual to full-time or part-time employment
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Apply to resolve a dispute about changing from casual to full-time or part-time employment (Form F10A)
Disputes about fixed term contracts
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Apply to resolve a dispute about fixed term contracts (Form F10DA)
Notify agreement for arbitration of a dispute about fixed term contracts (Form F10DB)
Right to disconnect disputes
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What is the right to disconnect?
Disputes about the right to disconnect
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How we deal with right to disconnect disputes
Apply to deal with a dispute about the right to disconnect (Form F92)
Respond to a right to disconnect application (Form F92A)
Notification of agreement to arbitration (Form F92B)
Labour hire arrangement order disputes
Independent contractor disputes about unfair contract terms
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Apply for an unfair contract terms remedy (Form F91)
Respond to an application for an unfair contract term remedy (Form F91A)
Discrimination
Industrial action
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Eligible protected action ballot agents
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Apply to become an eligible protected action ballot agent (Form F34C)
Organise a protected action ballot
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The process for protected action ballots
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)
Protected and unprotected industrial action
Protected action in multi-enterprise bargaining
Payments during certain forms of industrial action
Ballot results
Apply to resolve a stand down dispute (Form F13)
Apply to stop unprotected industrial action (Form F14)
Collaborative Approaches Program
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Interest-based approaches
Interest-based bargaining
Interest-based consultation
Interest-based problem-solving
Apply for help to participate in the Collaborative Approaches Program (Form F79)
Work conditions
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Enterprise agreements
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Changes to making agreements
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Understand the tests that apply to agreements
About enterprise agreements
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About single and multi-enterprise agreements
About greenfields agreements
Historical agreements and instruments
Statistical reports on enterprise agreements data
Find an enterprise agreement
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Agreements in progress
Make an enterprise agreement
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The process to make an agreement
Before you start bargaining
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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
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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
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Authorisations
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Single interest employer authorisations
Supported bargaining authorisations
Adding or removing employers from a single interest employer authorisation
Apply to vary a single interest employer authorisation to remove an employer (Form F83B)
Apply to vary a single interest employer authorisation to add an employer (Form F83A)
Adding or removing employers from a supported bargaining authorisation
Apply to vary a supported bargaining authorisation to add an employer (Form F82A)
Apply to vary a supported bargaining authorisation to remove an employer (Form F82B)
Scope orders for enterprise agreements
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Apply for a scope order (Form F31)
Assistance to make a multi-enterprise agreement
Resolve a dispute about bargaining
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Intractable bargaining declarations
Intractable bargaining workplace determinations
Apply to resolve a bargaining dispute (Form F11)
Apply for a bargaining order (Form F32)
Application for an intractable bargaining declaration (Form F33)
How to bargain in good faith
NERR – Notice of Employee Representational Rights
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Create the NERR
Distribute the NERR to employees
Develop the agreement
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Finalise the draft enterprise agreement
Guide to the BOOT
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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
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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
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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
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Apply to approve a greenfields agreement (Form F19)
Approval of enterprise agreements
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The process to approve an agreement
Requirements an agreement must meet
About undertakings in agreements
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How to write an undertaking
Agreement amendments
Approval timelines for agreements
Is your agreement application ready to lodge?
Forms for approval of agreements
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Apply to approve a new enterprise agreement (Form F16)
Employer declaration for an enterprise agreement (Form F17)
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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 an agreement
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Vary an enterprise agreement
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Apply for approval to change an agreement (Form F23)
Employer's declaration to vary an agreement (Form F23A)
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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)
Vary a multi-enterprise agreement to add or remove employers
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Adding employers and their employees to a single interest employer agreement
Adding employers and their employees to a supported bargaining agreement
Adding employers and their employees to a cooperative workplace agreement
Removing an employer and employees from a multi-enterprise agreement
Terminate an enterprise agreement
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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)
Apply to terminate an agreement after the nominal expiry date (Form F24B)
Declaration to support the termination of an agreement after nominal expiry (Form F24C)
Declaration in response to application to terminate an agreement after the nominal expiry date (Form F24D)
Sunsetting of pre-2010 agreements
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Types of pre-2010 agreements
Applications to extend the default period pending at 7 December 2023
Zombie agreements extended past 7 December 2023
Apply to extend the default period for a zombie agreement (Form F81)
Awards
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Find an award
Create or change an award
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Applications to create or change an award
Apply to create, change or revoke an award (Form F46)
Modern awards pay database
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Data dictionary
Modern Awards Pay Database API
What awards contain
The difference between awards and agreements
Awards research
Minimum wages and conditions
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The national minimum wage
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National minimum wage orders
National Employment Standards
Where to find your pay and conditions
Superannuation
Gender pay equity
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Gender pay equity in the Fair Work Act
Equal remuneration orders
Gender pay equity research
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Previous pay equity research
Apply for an equal remuneration order (Form F46A)
Labour hire employees' protected rates of pay
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Regulated labour hire arrangement orders
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Regulated labour hire arrangement orders made
Alternative protected rate of pay orders
Guidelines for regulated labour hire arrangement orders
Apply to make a regulated labour hire arrangement order (Form F86)
Respond to an application for a regulated labour hire arrangement order (Form F86A)
Apply for a determination that an application for a regulated labour hire arrangement order relates to additional employers and employees (Form F86B)
Apply for the Commission to determine an exemption period (Form F86C)
Apply for an alternative protected rate of pay order (Form F86D)
Apply to deal with a dispute about the operation of Part 2-7A of the Fair Work Act 2009 (Form F86E)
Notification of agreement to arbitration of a dispute about the operation of Part 2-7A (Form F86F)
Apply to vary a regulated labour hire arrangement order to cover new employers and relevant regulated employees (Form F86G)
Regulated worker and road transport contractual chain standards
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Regulated worker and road transport contractual chain standards cases
How we deal with cases
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Apply for regulated worker minimum standards
Expert Panel for the road transport industry
About regulated worker minimum standards orders and guidelines
About road transport contractual chain orders and guidelines
Collective agreements
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About collective agreements
Make a collective agreement
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Apply to deal with a dispute about making a collective agreement (Form F100)
Process to make and register a collective agreement
Consultation notices for collective agreements
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Giving the Commission a copy of the consultation notice (Form F93)
Notice to regulated workers
Register a collective agreement
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Application to register a collective agreement (Form F94)
Declaration in support of an application to register a collective agreement (Form F95)
Change a collective agreement
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Application to vary a collective agreement (Form F96)
Declaration in support of an application to vary a collective agreement (Form F97)
Termination of collective agreements
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Notice to Fair Work Commission that a collective agreement has been terminated (Form F98)
Declaration that a collective agreement has been terminated (Form F99)
Energy Industry Jobs Plan
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Our role in the Energy Industry Jobs Plan
Steps to make a community of interest determination
Energy Industry Jobs Plan cases
The Energy Industry Worker Redeployment Advisory Group
Hearings & decisions
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Adelaide hearings
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How the Commission works
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What to do when we set your tribunal date
About conferences and hearings
Keeping a case confidential
Prepare for a conference or hearing
Possible outcomes of a hearing or conference
Timeframes for decisions
What happens during a hearing
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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
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The appeals process
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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
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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
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National wage and safety net review decisions
Significant decisions and summaries
Major cases
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Annual wage reviews
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Annual Wage Review 2026
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Submissions for the Annual Wage Review 2026
Timetable for the Annual Wage Review 2026
Research for the Annual Wage Review 2026
Annual Wage Review 2025
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Determinations for the Annual Wage Review 2025
Draft determinations for the Annual Wage Review 2025
National Minimum Wage Order 2025
Timetable for the Annual Wage Review 2025
Research for the Annual Wage Review 2025
Submissions for the Annual Wage Review 2025
Annual Wage Review 2023–24
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Additional material for the Annual Wage Review 2023–24
Correspondence for the Annual Wage Review 2023–24
Decisions & statements for the Annual Wage Review 2023–24
Determinations for the Annual Wage Review 2023–24
Draft determinations for the Annual Wage Review 2023–24
National Minimum Wage Order 2024
Notices of listing and directions for the Annual Wage Review 2023–24
Research for the Annual Wage Review 2023–24
Statistical reporting for the Annual Wage Review 2023–24
Submissions for the Annual Wage Review 2023–24
Timetable for the Annual Wage Review 2023–24
Transcripts for the Annual Wage Review 2023–24
Annual Wage Review 2022–23
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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
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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
Determinations 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
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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
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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
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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
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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
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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
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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
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Annual Wage Review 2012–13
APESMA - application for single interest employer authorisation
Degree-qualified professional classifications review (AM2025/19)
Early childhood education and care supported bargaining agreement
Eraring Power Station NZEA application (NZ2026/1)
Gender-based undervaluation – priority awards review
General Retail Industry Award variation (AM2024/9)
HSU & AEU – supported bargaining authorisation
Junior rates application (AM2024/24)
MEU & AMWU applications for regulated labour hire arrangement orders
Outcomes of the Modern Award Review 2023–24
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Amusement, Events and Recreation Award variation
Live Performance Award variation
Review of fixed-term contract provisions - Higher Education Awards
Working from home – Clerks Award
Review of part-time provisions in certain modern awards (AM2025/17)
Superannuation fund reviews
TWU & ARTIO application for a road transport contractual chain order – fuel cost recovery (MS2026/1)
TWU applications for regulated worker minimum standards orders (MS2024/1-3)
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Minimum standards order application – MS2024/1 – Explainer
Minimum standards order application – MS2024/2 – Explainer
Food and drink delivery application – MS2024/3 – Explainer
TWU employee-like worker minimum standards order application for passenger transport (MS2025/3)
TWU road transport contractual chain order application (MS2024/4)
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Road transport contractual chain order application – MS2024/4 – Explainer
United Firefighters' Union of Australia – intractable bargaining declaration
Variation of modern awards to include a right to disconnect
Vehicle allowances – applications to vary multiple awards (AM2026/10 and others)
Work value case – Nurses and Midwives
4 yearly review
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All decisions and statements
Alleged NES inconsistencies
Awards under review
Common issues
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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
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Decisions & statements
General Retail Industry Award
Hair and Beauty Industry Award
Public holidays
Transitional provisions
Final stage proceedings
Plain language re-drafting
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Fast Food Industry Award
Hair and Beauty Industry Award
Timetable
Previous major cases
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AIRC Award modernisation process 2008
Apple Retail Enterprise Agreement 2014 – application to terminate
Application for an unfair contract term remedy (UC2025/1)
Award flexibility – Hospitality and retail sectors
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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 CFMEU (D2024/10)
Ballot for withdrawal of Manufacturing Division from CFMMEU
Cambridge Clothing Company Enterprise Agreement (2014) – application to terminate
Casual terms award review 2021
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Background material
Correspondence
Decisions & statements
Determinations
Notices of listing & directions
Submissions
Transcripts
All documents
Clerks – Private Sector Award – Work from home case
Early education and care industry supported bargaining authorisation application
Equal Remuneration Case 2010-12
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Applications
Correspondence
Decisions & statements
Draft orders
Exhibits
Notices of listing
Site inspections
Submissions
Timetable
Transcripts
Equal Remuneration and Work Value Case
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Applications
Correspondence
Decisions and statements
Legislation
Notices of listing and directions
Orders
Papers
Submissions
Timetable
Transcript
FAAA – applications for regulated labour hire arrangement order
Family and domestic violence leave review
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Decisions & statements
Health sector awards – pandemic leave case
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Applications
Correspondence
Decisions and statements
Determinations
Information notes and articles
Notices of listing and directions
Orders
Submissions and witness statements
Transcript
IEUA WA Branch – single interest employer authorisation
IPCA (VIC, ACT & NT) Agreement 2011 – Application to terminate
Independent Education Union of Australia WA Branch – single interest employer authorisation
MEU regulated labour hire arrangement order (C2024/1506)
MEU – regulated labour hire arrangement order (C2024/1686)
Model terms for enterprise agreements and copied State instruments
Modern Awards Review 2023–24
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Get involved in the Modern Awards Review 2023–24
Arts and culture sector
Job security
Work and care
Making awards easier to use
Modern awards review 2012
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Awards reviewed 2012
Proposed On Demand Delivery Services Award (Menulog)
Review of C14 and C13 rates in modern awards
Shop, Distributive and Allied Employees Association - application for a supported bargaining authorisation
Svitzer Australia Pty Limited industrial action
Termination of remaining modernisable instruments
Torrens Island Power Station B NZEA application (NZ2025/1)
Undergraduate qualifications review
Variation of modern awards to include a delegates’ rights term
Variation on the Commission’s own initiative – Casual employment terms (AM2024/29)
Virgin Australia Regional Airlines – intractable bargaining declaration
Work value case – Aged Care Industry
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Correspondence
Decisions, statements and determinations
Notices of listing & directions
Research and information
Submissions
Transcript
Case law benchbooks
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Enterprise agreements benchbook
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Overview of benchbook
What is an enterprise agreement?
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Single-enterprise agreement
Multi-enterprise agreement
Differences between single and multi-enterprise agreements
Greenfields agreement
Content of an enterprise agreement
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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
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Terms that exclude the NES
Unlawful terms
Designated outworker terms
Agreement making process
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Representation
Employees must be notified of their right to be represented
Bargaining representatives
Bargaining
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Good faith bargaining
How long does bargaining take?
Voting
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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
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Common defects & issues
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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
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Genuine agreement
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Minor procedural or technical errors
Where a scope order is in operation
Particular kinds of employees
Better off overall test (BOOT)
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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
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Majority support determinations
Authorisations to commence bargaining
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Single interest employer authorisations
Ministerial declaration
Low-paid authorisations
Scope orders
Bargaining orders
Serious breach declarations
Disputes
Workplace determinations
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Low-paid workplace determinations
Industrial action related workplace determinations
Bargaining related workplace determinations
Role of the Court
Appeals
Varying enterprise agreements
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Varying by agreement
Ambiguity or uncertainty
Casual employee definition and casual conversion provisions
Discrimination
Terminating enterprise agreements
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Terminating by agreement
After its nominal expiry date
Terminating individual agreements
Industrial action benchbook
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What is industrial action?
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Unprotected industrial action
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Orders to stop or prevent unprotected industrial action
Protected industrial action
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Immunity
Common requirements
Employee claim action
Employer response action
Employee response action
Pattern bargaining
Taking protected industrial action
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Protected action ballots
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Who may apply?
Making an application
Commission process
Varying a protected action ballot order
Revoking a protected action ballot order
Voting
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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
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Partial work bans
Unprotected industrial action – payments
Standing down employees
Suspension or termination of protected industrial action
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Powers of the Commission
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When the Commission may suspend or terminate
When the Commission must suspend or terminate
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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
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Overview of unfair dismissal
Coverage for unfair dismissal
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Who is protected from unfair dismissal?
People excluded from national unfair dismissal laws
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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?
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How do you calculate the minimum period of employment?
What is continuous service?
What is an excluded period?
Bankruptcy
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What is dismissal?
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When does a dismissal take effect?
Terminated at the employer's initiative
Forced resignation
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Contract for a specified period of time
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What is a transfer of employment?
Periods of service as a casual employee
What is a genuine redundancy?
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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?
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Valid reason relating to capacity or conduct
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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
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Application fee
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Who is the employer?
Multiple actions
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Order for reinstatement cannot be subject to conditions
Order to maintain continuity
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Calculating compensation
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Dismissing an application
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Role of the Court
JobKeeper disputes benchbook
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Introduction
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Overview of the Coronavirus Economic Response provisions in the Fair Work Act
JobKeeper enabling directions – general information
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Service & entitlement accrual while a JobKeeper enabling direction applies
When a JobKeeper enabling direction will have no effect
Stand downs that are not jobkeeper enabling stand downs
Employee requests for secondary employment, training and professional development during a jobkeeper enabling stand down
JobKeeper enabling stand down directions – employers currently entitled to jobkeeper payments
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Directions about duties & location of work
Jobkeeper enabling directions – employers previously entitled to jobkeeper payments
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Jobkeeper enabling stand down directions – employer previously entitled to jobkeeper payment for employee
Directions about duties & location of work – employer previously entitled to jobkeeper payment for employee
Termination of a jobkeeper enabling direction made by a legacy employer
Agreements about days or times of work
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Agreements about days or times of work – employers currently entitled to jobkeeper payments
Agreements about days or times of work – employers previously entitled to jobkeeper payment for employee
Termination of an agreement about days or times of work
Employer payment obligations
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Wage condition
Minimum payment guarantee
Hourly rate of pay guarantee
Agreements about annual leave
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Jobkeeper disputes the Commission cannot assist with
Applications to deal with a dispute about the operation of Part 6-4C
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Who can make an application
Responding to an application
Objecting to an application
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Contravening an order of the Commission
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Attachment 5 – Jobkeeper provisions that continue to apply on or after 29 March 2021
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Appeal proceedings
Discontinuing matters
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Unfair dismissal proceedings
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Registered organisations
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Entry permits
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Find an entry permit
About Fair Work entry permits
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Who can hold a Fair Work Entry permit
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
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Apply for a WHS entry permit (Form F42A)
Rules for a WHS entry notice
Rights and obligations of WHS permit holders
Training that permit holders must complete
When an official can enter a workplace
Disputes about entry to workplaces
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Apply to resolve a right of entry dispute (Form F12)
Apply for a Fair Work entry permit (Form F42)
Apply to renew a current Fair Work entry permit (Form F42D)
When to return an entry permit
Late return of entry permits
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Change of name
What is a registered organisation
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Apply to change the name of a registered organisation (Form F67)
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)
CFMEU Construction and General Division Administration
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Certificates for ‘removed persons’
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Certificate to be a bargaining representative
Certificates to hold office or to be employed or engaged by an organisation
Report a concern about the CFMEU Construction and General Division
Find a registered organisation
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Find a recognised state-registered association
Deregistered organisations
Running a registered organisation
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Rules for unions and employer associations
Change the rules of a union or employer association
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Apply to change 'other' rules of a registered organisation
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)
Changes to branches
Lodge an annual return in a registered organisation
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Complete the annual return template
Elections
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The election process
The AEC, voting methods and exemptions
Casual vacancies and insufficient nominations
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Our Election Alert Program
Notify us of changes in your organisation
Financial reporting
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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
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Mandatory financial training for officers
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Approved financial training
Disclosure obligations
Statutory officer duties
Corrupting benefits and disclosure rules
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Giving, receiving or soliciting cash or in kind payments
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Disclosure rules during enterprise bargaining
Loans, grants and donations statement
Tools and templates
Lodge documents with us
Manage registration
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Become a registered union or employer association
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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
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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
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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 and engagement
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Our Listen and Learn program
Book a Governance to You visit
Compliance trends and updates
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Compliance updates
Measuring compliance trends
Registered Organisations Education and Engagement Strategy
Education resources
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The Good Governance Guide
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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
Compliance Practitioner Induction Kit
Resources for members of registered organisations
Newsletters
Summaries of court cases
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Health Services Union National Secretary ordered to pay compensation for unauthorised payments and losses
Registers of members must be kept and properly maintained
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
Compliance Practitioners Reference Group
Registered Organisations Advisory Committee
Inquiries, investigations and litigation
Whistleblowing
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Protected concerns
Internal investigation by the registered organisation
Whistleblower protections
Report a concern
What we can and cannot investigate
Whistleblowing resources
Notices in the Gazette and other publications
Apply or lodge
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How to apply
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Troubleshooting tips for online applications
Where to lodge your documents
Approved file types
Forms
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Templates
Declarations and statutory declarations
Legal help and representation
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Where to find legal help
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Tips to choose a lawyer or paid agent
Glossary of legal terms
How the Commission can and can’t help
Legal advice from the Workplace Advice Service
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WAS partners
Request form for WAS
Testimonials for WAS
Workplace Advice Service terms & conditions
If you decide to represent yourself
Representatives and the rules they must follow
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Notify us that you have a representative, or that they plan to act for you (Form F53)
Notice that a representative has stopped acting for a person (Form F54)
How we decide if a lawyer or paid agent can take part
Support for your health and wellbeing
Fees and costs
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Ask to waive an application fee (Form F80)
Deadlines
Who Australia's national system covers
Job loss or dismissal
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Unfair dismissal
Unfair deactivation or termination for regulated workers
Unlawful termination
Redundancy
Workplace disputes
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Bullying
Sexual harassment
General protections and harmful (adverse) action
Flexible work and unpaid parental leave requests
Dispute about an award or agreement
Other workplace disputes
Work conditions
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Enterprise agreements
Awards
Minimum wages and conditions
Gender pay equity
Labour hire employees' protected rates of pay
Regulated worker and road transport contractual chain standards
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Energy Industry Jobs Plan
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Appeal a decision or order
Decisions and orders
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Registered organisations
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Entry permits
What is a registered organisation
CFMEU Construction and General Division Administration
Find a registered organisation
Running a registered organisation
Manage registration
Regulatory education and engagement
Inquiries, investigations and litigation
Whistleblowing
Notices in the Gazette and other publications
Apply or lodge
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How to apply
Forms
Legal help and representation
Fees and costs
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Who Australia's national system covers
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Section 236
https://www.legislation.gov.au/C2009A00028/2026-04-02/2026-04-02/text/original/epub/OEBPS/document_1/document_1.html#_Toc227060852
Majority support determinations