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Appendix D: Lodgment & case load statistics

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Table 56: Nature of proceedings

Matter

No.

Fair Work Act 2009

31,901

Rule 7 (FWC) — Directions on procedure

1

s.120 — Application to vary redundancy pay for other employment or incapacity to pay

129

s.156 — 4 yearly review of modern awards

12

s.157 — FWC may vary etc. modern awards if necessary to achieve modern awards objective

3

s.158 — Application to vary or revoke a modern award

5

s.160 — Application to vary a modern award to remove ambiguity or uncertainty or correct error

5

s.185 — Application for approval of a greenfields agreement

258

s.185 — Application for approval of a multi-enterprise agreement

33

s.185 — Application for approval of a single-enterprise agreement

5,238

s.210 — Application for approval of a variation of an enterprise agreement

187

s.217 — Application to vary an agreement to remove an ambiguity or uncertainty

32

s.222 — Application for approval of a termination of an enterprise agreement

92

s.225 — Application for termination of an enterprise agreement after its nominal expiry date

311

s.229 — Application for a bargaining order

111

s.236 — Application for a majority support determination

71

s.238 — Application for a scope order

28

s.240 — Application to deal with a bargaining dispute

184

s.248 — Application for a single interest employer authorisation

10

s.251 — Application for a variation of a single interest employer authorisation

3

s.252 — Application to extend single interest employer authorisation

4

s.285 — Annual wage review

1

s.318 — pplication for an order relating to instruments covering new employer and transferring employees

93

s.319 — Application for an order relating to instruments covering new employer and non-transferring employees

53

s.320 — Application to vary a transferable instrument – agreement

1

s.365 — Application to deal with contraventions involving dismissal

3,270

s.365 — Application to deal with contraventions involving dismissal (consent arbitration)

18

s.372 — Application to deal with other contravention disputes

859

s.376 — Application for costs orders against lawyers and paid agents

1

s.394 — Application for unfair dismissal remedy

14,694

s.400A — Application for a costs order against a party

1

s.401 — Application for costs orders against lawyers and paid agents

4

s.418 — Application for an order that industrial action by employees or employers stop etc.

67

s.423 — Application to suspend or terminate protected industrial action – significant economic harm etc

1

s.424 — Application to suspend or terminate protected industrial action – endangering life etc.

14

s.425 — Application to suspend protected industrial action, cooling off

3

s.437 — Application for a protected action ballot order

960

s.447 — Application for variation of protected action ballot order

21

s.448 — Application for revocation of protected action ballot order

48

s.459 — Application to extend the 30 day period in which industrial action is authorised by protected action ballot

154

s.472 — Application for an order relating to certain partial work bans

4

s.483AA — Application for an order to access non-member records

6

s.505 — Application to deal with a right of entry dispute

68

s.507 — Application for action to be taken against permit holder

2

s.508 — Application to restrict rights if organisation or official has misused permit rights

1

s.510 — Upon referral, revoke or suspend an entry permit

10

s.512 — Application for a right of entry permit

1,628

s.516 — Application to extend entry permit

6

s.526 — Application to deal with a dispute involving stand down

17

s.531 — Application for an order where failure to notify or consult registered employee associations about dismissals

6

s.533 — Application for an FWC Order

3

s.576(2)(aa) — Promoting cooperative and productive workplace relations and preventing disputes

14

s.576(2)(ca) — Proceeding referred to FWC for mediation

1

s.589 — Application for procedural and interim decision

5

s.590 — Application

1

s.602 — Application to correct obvious error(s) etc. in relation to FWC's decision

3

s.603 — Application to vary or revoke a FWC decision

5

s.604 — Appeal of decisions

283

s.739 — Application to deal with a dispute

2,001

s.739 — Application to deal with a dispute in relation to flexible working arrangements

32

s.768AX — Application to vary copied State instruments

1

s.768BA — Application for an order about coverage for transferring employees under a state instrument

8

s.768BG — Application to consolidate orders in relation to non-transferring employees

1

s.773 — Application to deal with an unlawful termination dispute

81

s.789FC — Application for an order to stop bullying

734

Fair Work (Registered Organisations) Act 2009

1,472

Query — Registered Organisations

22

Query — Compliance

15

Query — Referral from Royal Commission into Trade Union Governance and Corruption

10

Query — Registered Organisations

133

Reg. 125H — RO Regulations — Correction of eligibility rules — typographical, clerical or formal error

1

Sch. 2, Cl. 1 RO Act — Application for recognition of state registered association

2

s.13(1)(b) RO Act — Advice and assistance to Organisations

141

s.137F RO Act — Orders reflecting State representation orders

1

s.144(2) RO Act — Application for exemption from postal ballot requirements

1

s.144(2) RO Act — Assets and liabilities Agreement with State Reg'd Union

1

s.158(1) RO Ac — Application for alteration of eligibility rules

6

s.158(1) RO Act — Application for change of name of organisation

1

s.158A RO Act — Application to GM for alteration of eligibility rules

6

s.159(1) RO Act — Notification of alterations of other rules

102

s.18(a) RO Act — Application for registration by an association of employers

1

s.18(b) RO Act — Application for registration by an association of employees

1

s.180 RO Act — Conscientious Objection to Membership of Organisations

1

s.189(1) RO Act — Notification of elections for office

145

s.189(1) RO Act — Notification of elections for office — Casual vacancy or insufficient nominations

70

s.207 RO Act — Election arrangements made under Court Order

2

s.233(1) RO Act — Annual obligation to lodge information

109

s.235(1) RO Act — Authority to access certain records

4

s.236 RO Act — Reg. of Members — request by member to inspect

1

s.237 RO Act — LGD statement

284

s.246(1) RO Act — Application for determination of reporting units

1

s.26(6) RO Act — Application to issue a copy of or certificate replacing the certificate of registration

2

s.268 RO Act — Financial return

401

s.30(1)(a) RO Act — Application by organisation for cancellation of registration

1

s.330 RO Act — GM makes inquiries

1

s.331 RO Act — GM conducts investigation

3

s.336(1A) RO Act — 12 month review

3

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

752

Sch. 3, Item 10 — Application to vary transitional instrument to remove ambiguity — agreement

1

Sch. 3, Item 15 — Application by agreement to terminate collective agreement-based transitional instrument

7

Sch. 3, Item 16 — Application to terminate collective agreement-based transitional instrument

161

Sch. 3, Item 17 — Application by agreement to terminate individual agreement-based transitional instrument

483

Sch. 3, Item 19 — Declaration for unilateral termination with FWC approval to terminate individual agreement

93

Sch. 5, Item 13B — Orders remedying reductions in take-home pay

3

Sch. 5, Item 9 — Application for an order remedying reduction in take-home pay resulting from a modern award

4

Work Health and Safety Act 2011

44

s.131 WHS Act — Application for a WHS entry permit

44

Workplace Relations Act 1996

14

s.280 — Financial reports

1

s.643 — Application for relief re (Unlawful) termination of employment

1

s.699 — Application to FWC to have a dispute resolution process conducted (Div 3)

1

s.709 — Application to FWC to have a dispute resolution process conducted (Div 5)

11

Administrative

29

Request for a Board of Reference

29

Coal Mining Industry (Long Service Leave) Administration Act 1992

2

s.39D — FWC may deal with disputes relating to long service leave

2

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1

Rule 58 Application to review other decision

1

Total

34,215

Table 57: Unfair dismissal — finalisation

Claims settled, withdrawn or determined

Number of matters

2015–16

2014–15

2013–14

2012–13

Prior to conciliation

2,130

2,156

2,273

2,300

At conciliation

8,529

8,788

8,659

8,843

After conciliation and before a conference/hearing before a Fair Work Commission member

2,808

2,654

2,475

2,093

Withdrawn after conference/hearing and before decision/order

104

52

41

49

By final decision/order

1,457

1,527

1,200

660

Total

15,028

15,177

14,648

13,945

Table 58: Unfair dismissal, conciliation — size of employer

 

Year to date

Per cent of concilliations

Number of employees

2015–16

2014–15

2013–14

2012–13

2015–16

2014–15

2013–14

2012–13

1–14

2,000

2,059

2,006

2,131

18.4

18.5

18.3

19.6

15–99

3,065

3,152

3,020

3,057

28.3

28.3

27.5

28.0

100>

5,204

5,272

5,145

4,741

48.0

47.5

46.9

43.6

Unknown1

4

4

5

7

0.0

0.0

0.0

0.1

Number of employees in dispute

577

638

796

950

5.3

5.7

7.3

8.7

Total Australia wide

10,850

11,125

10,972

10,886

100

100

100

100

1 Information not included

Table 59: Performance summary — Type of application lodged

Type of applications lodged

2015–16

Agreements

5,529

Orders relating to good faith bargaining

404

Dispute resolution

2,921

Orders relating to industrial action

1,272

General protections involving dismissal

3,270

Unfair dismissal applications

14,694

Appeals

283

Applications to terminate individual agreement based transitional instruments

576

Registered organisations

1,472

Other matters

3,794

Total

34,215

Table 60: Application lodged, hearings and conferences, decisions and orders published
Year Applications lodged Hearings and conferences Decisions and orders published
2012–13 36,616 18,991 11,673
2013–14 37,066 19,620 13,302
2014–15 34,152 19,922 12,440
2015–16 34,215 16,683 12,140
Table 61: Unfair dismissal applications lodged — monthly comparison (Figure 6)
REPORTING PERIOD TOTAL AVERAGE Jul Aug Sep Oct Nov Dec Jan Feb Ma Apr May Jun
2015/16 14,694 1,225 1,344 1,231 1,227 1,135 1,180 1,321 942 1,239 1,396 1,190 1,248 1,241
2014/15 14,624 1,219 1,291 1,162 1,220 1,197 1,131 1,284 942 1,240 1,441 1,211 1,191 1,314
2013/14 14,797 1,233 1,475 1,307 1,260 1,185 1,209 1,374 956 1,237 1,316 1,222 1,112 1,144
2012/13 14,818 1,235 1,233 1,234 1,055 1,226 1,259 1,394 879 1,258 1,369 1,346 1,375 1,190
Table 62: General protections disputes involving dismissal —– lodgments — monthly comparison (Figure 8)
Year Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Sum
2015/2016 290 257 257 236 267 310 193 283 337 280 267 293 3,270
2014/2015 279 309 290 294 292 338 192 286 307 296 270 229 3,382
2013/2014 240 238 214 222 254 257 182 218 273 259 242 280 2,879
2012/2013 194 182 166 175 200 189 210 285 250 156 226 196 2,429

Keep reading the annual report

Appendix B: Panel assignmentsAppendix C: Member activitiesAppendix D: Lodgment & case load statisticsAppendix E: Registered organisations dataAppendix F: Performance reporting for the RSRT

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    • Glossary
    • Introduction
      • Provisions of the Fair Work Act
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    • Jobkeeper enabling stand down directions – entitled employers
      • Directions about duties & location of work
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      • Directions about duties & location of work – legacy employers
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  • Modern Awards Review 2012
    • Introduction
      • Modern Awards Review 2012
  • Sir Richard Kirby Archives
    • Home
    • Sir Richard Kirby
    • About the Archives
    • Cases
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      • The Honourable Justice Henry Bournes Higgins (1851–1929)
    • Centenary
    • Exhibitions
      • Exhibition launch: The history of the Australian minimum wage
      • Guide – Opening Exhibition
      • International Industrial Dispute Resolution Conference
        • Speaker – Justice Alan Boulton AO
        • Speaker – Mr Arthur F Rosenfeld
        • Speaker – Mr Craig Smith
        • Speaker – Mr James Wilson
        • Speaker – Mr Kieran Mulvey
        • Speaker – Mr Peter Anderson
        • Speaker – Ms Ginette Brazeau
        • Speaker – Ms Nerine Kahn
        • Speaker – Ms Rita Donaghy CBE
        • Speaker – Ms Sharan Burrow
        • Speaker – Senator Guy Barnett
        • Speaker – The Hon. Julia Gillard
      • The Journey
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          • About Fair Work Australia
          • Transition
          • Fair Work timeline
      • The history of the Australian minimum wage
        • The Great Strikes
        • The first minimum wage: The Victorian minimum wage
        • The Harvester Decision
        • The impact of the Great Depression
        • Working it out: Cost of living versus capacity to pay
        • The removal of award rate discrimination
        • The wage explosion & economic crisis
        • The modern era: The development of a modern minimum wage
      • Treasures of the archives
        • Launch speech?Treasures of the Archives
        • 1. Professor Isaac
        • 2. Register of organisations
        • 3. Perlman letters
        • 4. Sir Richard Kirby photograph
        • 5. Oral history program
        • 6. AIRC sign
        • 7. Folder of wage decisions
        • 8. Centenary exhibition
        • 9. Women's exhibition poster
        • 10. Isaac letters
    • The modern era
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  • Unfair dismissals benchbook
    • Overview of unfair dismissal
    • Glossary & naming conventions
    • 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 and human resources specialists
      • Other relevant matters
    • Making an application
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      • Timeframe for lodgment
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      • Who is the employer?
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      • Conciliation
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        • Order for reinstatement cannot be subject to conditions
        • Order to maintain continuity
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      • Compensation
        • Calculating compensation
        • Mitigation
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        • Compensation cap
        • Instalments
    • Dismissing an application
    • Evidence
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      • Costs against representatives
      • Security for costs
    • Appeals
      • Staying decisions
    • Role of the Court
  • Waltzing Matilda and the Sunshine Harvester Factory
    • Introduction
    • The book
      • Book launch
    • The film
      • Film launch
    • Historical material
      • 38 Hour Week Wage Principle [1983]
      • 40 Hour Week Case [1947]
      • 44 Hour Week Case [1927]
      • Apprenticeship indentures
      • Australian Minimum Wage and fitter (trades) rate since 1906
      • Boot Trades Case
      • Careers in Bootmaking and Boot Repairing
      • Cattle Industry Case 1966
      • Commercial Printing Case [1936]
      • Commonwealth Conciliation and Arbitration Act 1904
      • Cost of living newspaper articles from the early 1900s
      • Debates
      • Equal Pay Case 1969
      • Equal Pay Case 1972
      • Fruit Pickers Case
      • Gas Employees Case
      • Graph of Australian Minimum Wage since 1906
      • Harvester Case
      • Historic case judgments on the Fair Work Commission's website
      • Kingston's evidence
      • Linesmen's Case
      • Maternity Leave Case [1979]
      • Metal trades base level minimum wages [1967–2015]
      • Methods of wage adjustment
        • Establishing an Australian Minimum Wage 1907?1922
          • The origins of the Australian minimum wage
          • The 'needs' principle and 'capacity to pay'
          • Women's wages
          • First indexation decision
        • Quarterly indexation 1922–1953
        • The Great Depression 1931
        • Prosperity loadings 1937
        • World War II 1939–1945
        • The post-war period: 1953–1965 basic wage inquiries
        • The total wage 1966–1967
        • Removal of discrimination in award rates
        • Reintroduction of quarterly wage indexation 1975–1978
        • Six monthly wage indexation 1978–1981
        • Wage explosion 1981–1982
        • Reforming awards and work and management practices 1987–1991
        • Six monthly wage indexation 1983–1987
        • Enterprise bargaining and a minimum wage safety net 1991–1996
        • Statutory adjustments
        • The minimum wage in real terms
      • Mrs Beeton's cookbook
      • Paternity Leave Case [1990]
      • Personal/Carer's Leave Test Case [1995]
      • Piddington report
      • Re Bagshaw [1907]
      • Significant cases on the Fair Work Commission's website
      • Statistics for the purpose of comparison with the Australian minimum wage
      • The Amalgamated Society of Engineers v. The Adelaide Steam-ship Company Limited and Others
      • The Australian minimum wage from 1906
      • The Federated Marine Stewards and Pantrymen's Association v. The Commonwealth Steamship Owners' Association and Others
      • The Victorian minimum wage 1896
        • Legislative Council Second Reading Speech to the Factories and Shops Bill 1896
      • The first Award: 1906 Steam-ship Crew
      • 100 years of the minimum wage—Statistical comparison
    • Mrs Beeton's cookbook
    • Glossary
    • Related sites
    • Educational materials
  • AWRS First Findings report

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