Fair Work Commission | Australia's national workplace relations tribunal (original) (raw)
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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 - Unfair deactivation or termination for regulated workers
* Unfair deactivation for regulated workers
* Unfair termination for regulated road transport contractors - 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
* 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
* Member conferences
* Determinative conferences and hearings
* If the sexual harassment dispute is not resolved
* 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
* 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) - 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) - Disputes about fixed term contracts
* Apply to resolve a dispute about fixed term contracts (Form F10DA)
* Notify agreement for arbitration of a dispute about fixed term contracts (Form F10DB) - 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
* Response to general protections – no dismissal (Form F8D) - Right to disconnect disputes
* What is the right to disconnect?
* Disputes about the right to disconnect
* 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
* Apply for an unfair contract terms remedy (Form F91)
* Respond to an application for an unfair contract term remedy (Form F91A) - 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)
- Common issues in the workplace
- Work conditions
- 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
* CFMEU construction 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)
* 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 nominal expiry date (Form F24D)
* Sunsetting of pre-2010 agreements
* 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
* 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) - Labour hire employees' protected rates of pay
* Regulated labour hire arrangement orders
* Alternative protected rate of pay orders - Regulated worker minimum standards
* About regulated workers and businesses
* Regulated worker minimum standards orders and guidelines
* Types of regulated worker minimum standards
* Employee-like minimum standards orders and guidelines
* Road transport minimum standards orders and guidelines
* Road transport contractual chain orders and guidelines
* About road transport contractual chains
* Making road transport contractual chain orders or guidelines
* What can be included in road transport contractual chain orders and guidelines
* Regulated worker minimum standards cases
* Regulated worker minimum standards applications
* Apply for regulated worker minimum standards
* How we consult about regulated worker minimum standards
* Expert Panel for the road transport industry - Collective agreements
* About collective agreements
* Consultation notices for collective agreements
* Giving the Commission a copy of the consultation notice (Form F93)
* Notice to regulated workers
- Enterprise agreements
- 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
* 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
* 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 2023–24
* 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
* 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
* 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
* 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
* APESMA - application for single interest employer authorisation
* FAAA – applications for regulated labour hire arrangement order
* Gender undervaluation – priority awards
* HSU & AEU – supported bargaining authorisation
* Junior rates application (AM2024/24)
* MEU & AMWU applications for regulated labour hire arrangement orders
* Model terms for enterprise agreements and copied State instruments
* Modern Awards Review 2023–24
* Get involved in the Modern Awards Review 2023–24
* Arts and culture sector
* Job security
* Work and care
* Making awards easier to use
* Outcomes of the Modern Award Review 2023–24
* Working from home – Clerks Award
* Proposed On Demand Delivery Services Award (Menulog)
* Review of certain C14 rates in modern awards
* Shop, Distributive and Allied Employees Association - application for a supported bargaining authorisation
* Superannuation fund reviews
* United Firefighters' Union of Australia – intractable bargaining declaration
* Variation of modern awards to include a delegates’ rights term
* Variation of modern awards to include a right to disconnect
* Variation on the Commission’s own initiative – Casual employment terms (AM2024/29)
* Work value case – Aged Care Industry
* Correspondence
* Decisions, statements and determinations
* Notices of listing & directions
* Research and information
* Submissions
* Transcript
* Work value case – Nurses and Midwives
* Previous major cases
* AIRC Award modernisation process 2008
* Apple Retail Enterprise Agreement 2014 – application to terminate
* 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
* Early education and care industry supported bargaining authorisation application
* 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
* 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)
* Modern awards review 2012
* Awards reviewed 2012
* 2012 review of the Vehicle Manufacturing, Repair, Services and Retail Award 2010
* Svitzer Australia Pty Limited industrial action
* Termination of remaining modernisable instruments
* 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
* What is a Commonwealth authority?
* What is a Territory or a Commonwealth place?
* What is a body corporate incorporated in a Territory?
* What is the Commonwealth?
* 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
* Role of the Court
* JobKeeper disputes benchbook
* Introduction
* Overview of the Coronavirus Economic Response provisions in the Fair Work Act
* JobKeeper enabling directions – general information
* 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
* Directions about duties & location of work
* Jobkeeper enabling directions – employers previously entitled to jobkeeper payments
* 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
* 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
* Wage condition
* Minimum payment guarantee
* Hourly rate of pay guarantee
* Agreements about annual leave
* Protections
* Jobkeeper disputes the Commission cannot assist with
* Applications to deal with a dispute about the operation of Part 6-4C
* Who can make an application
* Responding to an application
* Objecting to an application
* Discontinuing an application
* Commission process
* General information
* Conferences & hearings during the COVID-19 pandemic
* Procedural issues
* Evidence
* Outcomes of Commission dispute resolution under Part 6-4C
* Contravening an order of the Commission
* Appeals
* Role of the Court
* Attachments
* Attachment 5 – Jobkeeper provisions that continue to apply on or after 29 March 2021
* References in the benchbooks
* Vaccination related matters - Practice notes
* Appeal proceedings
* Discontinuing matters
* Fair hearings
* Lawyers & paid agents
* Orders to attend & orders to produce
* Requests to appear remotely
* Unfair dismissal proceedings - Transcripts and recordings
* Recent transcripts
* Ceremonial sittings transcripts
- Hearings schedule
- Registered organisations
- Entry permits
* Find an entry permit
* When an official can enter a workplace
* Training that permit holders must complete
* About Fair Work entry permits
* 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)
* Apply for a Fair Work entry permit (Form F42)
* Apply to renew a current Fair Work entry permit (Form F42D)
* 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
* When to return an entry permit
* 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
* Deregistered organisations - Running a registered organisation
* Rules for unions and employer associations
* Change the rules of a union or employer association
* Apply to change 'other' rules of a registered organisation
* 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)
* 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 and engagement
* Our Listen and Learn program
* 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
* Compliance Practitioner Induction Kit
* Newsletters
* Summaries of court cases
* 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
* 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
- Entry permits
- Apply or lodge
- Apply now
- Forms
* Declarations and statutory declarations - Legal help and representation
* Where to find legal help
* 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
* Request form for WAS
* Workplace Advice Service terms & conditions
* If you decide to represent yourself
* Representatives and the rules they must follow
* 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 - Fees and costs
* Ask to waive an application fee (Form F80) - Deadlines
- Who Australia's national system covers
- Approved file types
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We are Australia’s workplace relations tribunal and registered organisations regulator. We make awards, approve enterprise agreements and help resolve issues at work.
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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 04 Jun 2024
Location on last update: https://www.fwc.gov.au/home