Skip to main content

Ribbon

  • About us
  • Contact us
  • Glossary
  • News & media
Fair Work Commission logo

Fair Work Commission

Australia's national workplace relations tribunal
Search is closed
Menu is closed

Search

Main menu

  • Awards & agreements
    • Minimum wages & conditions
    • Awards
    • Agreements
    • Legislation & regulations for awards & agreements
  • Cases, decisions & orders
    • Major cases
    • Summaries of significant decisions
    • Decisions by keywords
    • FWC Bulletin
    • Archived decisions & orders
    • Transcripts
    • Court reviews
    • Historical cases
  • Registered organisations
    • Fact sheets, templates & webinars
    • Find registered organisations
    • Find State-recognised associations
    • Registration
    • Running a registered organisation
    • Entry permits
    • Industrial action
    • Gazette notices
    • Lodgment
  • Resources
    • Online lodgment
    • Forms
    • Where to get legal help
    • Research
    • Workplace Relations Education Series
    • Benchbooks
    • Fact sheets, guides & videos
    • Practice notes
    • Resources in other languages
    • Case studies
    • Quarterly practitioner updates
    • Related sites
  • Termination of employment
    • Unfair dismissal
    • General protections dismissal
    • Unlawful termination
    • How the Commission works
  • Disputes at work
    • Fairness in the workplace
    • Resolving issues at the Commission
    • JobKeeper disputes
    • General protections (unlawful actions)
    • Anti-bullying
    • Cooperative Workplaces
    • Industrial action
    • Awards & enterprise agreements disputes
    • Disputes about entry
    • How the Commission works
  • Home
  • Annual Report 2015–16
  • Part 3: Performance
Back to top

Annual performance statements 2015–16

Print this page

 

Introduction

I, Bernadette O'Neill, as the accountable authority of the Fair Work Commission, present the 2015–16 annual performance statements of the Fair Work Commission, as required under paragraph 39(1)(a) of the Public Governance, Performance and Accountability Act 2013. In my opinion, these annual performance statements are based on properly maintained records, accurately reflect the performance of the entity, and comply with subsection 39(2) of the Public Governance, Performance and Accountability Act 2013.

Signature of general manager Bernadette O'Neill

22 September 2016

Bernadette O'Neill

General Manager
Fair Work Commission

Purpose

The Commission is Australia's national workplace relations tribunal responsible for administering provisions of the Fair Work Act and the Registered Organisations Act.

As set out in the Corporate Plan 2015–16, the Commission has two purposes:

  • to perform its functions in accordance with the Fair Work Act
  • to excercise its powers and functions in accordance with the Registered Organisations Act

Outcome & programme structure

The Commission had a single planned outcome and programme, as set out in the 2015–16 Portfolio Budget Statements:

quote

Simple, fair and flexible workplace relations for employees and employers through the exercise of powers to set and vary minimum wages and modern awards, facilitate collective bargaining, approve agreements and deal with disputes.

The Commission delivered the following programme:

quote

Dispute resolution, minimum wage setting, orders and approval of agreements.

The Commission's programme objective is to exercise powers under the Fair Work Act:

  • in accordance with the objects of the Fair Work Act
  • in a manner that is fair and just; is quick, informal and avoids unnecessary technicalities; is open and transparent; and promotes harmonious and cooperative workplace relations

The Commission's programme objective for 2015–16 included exercising powers under the Road Safety Remuneration Act 2012 in accordance with the objects of that Act. On 19 April 2016, the Road Safety Remuneration Repeal Act 2016 received royal assent, causing the repeal of the Road Safety Remuneration Act 2012 on 21 April 2016. Please refer to Appendix F for all reporting on the Road Safety Remuneration Tribunal.

The following annual performance statements provide measures of progress against the Portfolio Budget Statements and the key performance indicators (KPIs) set out in the Commission's Corporate Plan 2015–16.

Results

Purpose: To perform functions in accordance with the Fair Work Act

Performance criterion: Improve or maintain the time elapsed from lodging applications to finalising conciliations in unfair dismissal applications

Source: Portfolio Budget Statements 2015–16, Budget Related Paper No. 1.6, page 133

Result against performance criterion: The Commission has met the performance criterion set out in the Portfolio Budget Statements in 2015–16 by maintaining the time from lodging an unfair dismissal application to finalising conciliation at 34 days. In 2015–16, there were 14,694 unfair dismissal applications lodged, and staff of the Commission conducted 10,850 conciliation conferences.

Table 1: KPI unfair dismissal application time
Target 2015–16 2014–15 2013–14 2012–13
Median time of 34 days 34 days 28 days 46 days 25 days

Performance criterion: Annual wage review to be completed to enable an operative date of 1 July

Source: Portfolio Budget Statements 2015–16, Budget Related Paper No. 1.6, page 133

Result against performance criterion: In 2015–16, the Commission comfortably met the annual wage review operative date target, with the annual wage review completed on 31 May 2016.

Table 2: KPI annual wage review completed
Target 2015–16 2014–15 2013–14 2012–13
By 30 June 31 May 2016 2 June 2015 4 June 2014 3 June 2013

Performance criterion: Improve or maintain the agreement approval time

Source: Portfolio Budget Statements 2015–16, Budget Related Paper No. 1.6, page 133

Result against performance criterion: The Commission has met the performance criterion set out in the Portfolio Budget Statements in 2015–16 by improving the time from lodgment to finalisation of applications for approval of an enterprise agreement. In 2015–16, the Commission dealt with 5,449 applications for approval of an enterprise agreement, with a median time between lodgment and finalisation of 18 days, an improvement of three days from the previous year.

Table 3: KPI agreement finalisation time
Target 2015–16 2014–15 2013–14 2012–13
Median time of 32 days 18 days 21 days 17 days 16 days

Performance criterion: Improve or maintain the time taken to list applications relating to industrial action

Source: Portfolio Budget Statements 2015–16, Budget Related Paper No. 1.6, page 133

Result against performance criteria: In 2015–16, the Commission listed industrial action matters for hearing in a median time of three days. By maintaining the time taken to list these applications, this performance criterion was met.

Table 4: KPI industrial action application listing
Target 2015–16 2014–15 2013–14 2012–13
Median time of 3 days 3 days 3 days 2 days 3 days

Performance criterion: Implement a Fair Work Commission communications strategy

Source: Corporate Plan 2015–16, page 14

Result against performance criterion: The Commission's communications strategy in 2015–16 focused on delivering an improved website, as the primary mechanism for providing information to the public and tools for parties to assist them in making or responding to an application to the Commission.

Performance criterion: Engaging with users, organisations, practitioners, the research community and small business to disseminate information about the role of the Fair Work Commission and to obtain feedback

Source: Corporate Plan 2015–16, page 14

Result against performance criterion: The Commission has developed a broad stakeholder engagement strategy that aims to engage with our community and deliver services that meet their requirements. The Commission recognises that the needs of the community it serves are changing and so it regularly consults with clients, stakeholders, research groups and the broader community to ensure that services delivered meet the demands of a contemporary workplace relations system.

Commission Members regularly engage with the workplace relations community by providing formal and informal presentations on the Commission's work. More information on the activities of Commission Members is provided in Appendix C.

The Commission's Workplace Relations Education series continues to be a popular feature of the engagement program, providing opportunities for interaction with the community through lectures and mock hearings. This year, a lecture and a number of mock hearings were held in Melbourne as part of Law Week 2016 and a mock hearing was held in Canberra. The lecture, delivered by the Commission's panel head for anti-bullying, provided attendees with background on the development of the jurisdiction and a first-hand perspective on the experiences and challenges faced by the tribunal in the first years of the jurisdiction. The mock hearings were very well attended and received positive feedback from attendees.

The Commission also conducted a range of engagement activities focused on registered organisations, including webinars and targeted activities to promote compliance.

Performance criterion: Appropriate engagement and collaboration with external stakeholders, including APS agencies, as appropriate for an independent tribunal

Source: Corporate Plan 2015–16, page 14

Result against performance criterion: In March 2016, the Commission hosted a forum in collaboration with the Centre for Workplace Leadership and the Australian Industry Group, the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry. The event featured a range of speakers and focused on the Future of Work in manufacturing.

In 2015–16 the Commission continued to work cooperatively and share information with the Fair Work Ombudsman, Fair Work Building and Construction, Federal Court of Australia and Fair Work Division of the Federal Circuit Court of Australia.

The Commission has joined with JobWatch and the Springvale Monash Legal Service to establish the Workplace Advice Clinic, a pilot program to provide an hour's free legal assistance to unrepresented applicants in unfair dismissal and general protections matters in Melbourne. The Workplace Advice Clinic is an extension of an earlier, more limited pro bono program. While the Commission facilitates the appointments for the clinic, all advice provided is independent of the tribunal.

Performance criterion: Implementation of the Future Directions change program

Source: Corporate Plan 2015–16, page 15

Result against performance criterion: The Future Directions change program has been substantially implemented. The program is directed at improving service delivery and reducing transaction costs for parties, with a view to enhancing public value. The change program involves delivery of more than 50 initiatives around four key themes:

  • promoting fairness and improving access
  • efficiency and innovation
  • increasing accountability
  • productivity and engaging with industry

As part of developing each stage of the Future Directions program, the Commission consulted widely with stakeholders, staff and Members across the country through forums, events, presentations and conferences.

This year sees the substantial completion of that program of work and integration of pilot projects into business as usual.

During 2015–16, the Commission developed and published new benchbooks, improved access to audio files of Commission hearings, provided virtual tours of court rooms for the public, extended a pro-bono lawyer program and moved further towards complete digitisation of the Commission's forms.

A separate report card on the final stage of the Future Directions program will be published on the Commission's website.

Performance criterion: Activities to promote productive and cooperative workplace relationships, including the New Approaches program

Source: Corporate Plan 2015–16, page 15

Result against performance criterion: The New Approaches program complements the Commission's existing dispute resolution and bargaining functions by providing a formal process to assist parties to work together to develop new ways of resolving conflict at the workplace using interest-based problem-solving.

Following a successful pilot led by Deputy President Booth, New Approaches was formalised as a standard Commission service in 2015–16.

The Commission facilitated a number of workshops across the country with stakeholders as part of its engagement strategy for New Approaches in 2015–16. Commission Members delivered a number of sessions on the New Approaches program generally, as well as on more specific topics such as interest-based bargaining and dispute resolution.

As at 30 June 2016, there were 17 active files in the New Approaches program. The Commission continues to provide a range of facilitation services, advice and support to parties in those matters.

Performance criterion: Availability of improved and current information for users

Source: Corporate Plan 2015–16, page 15

Result against performance criterion: In 2015–16, the availability of information for users has improved and the Commission launched its new website on 8 July 2016.

The new website's design and features are based on feedback received during a website usability review of the former website in the first part of 2015.

The enhancements will assist people to more easily locate information about the Commission and its services. The Commission will continue to review and update the new website and welcomes ongoing feedback about potential improvements.

The Commission has developed a number of tools and resources for users including benchbooks and the Quarterly Practitioner Update. The Fair Work Commission Bulletin, containing summaries of selected recent decisions, is published weekly.

Performance criterion: Demonstrated improvements to service delivery models

Source: Corporate Plan 2015–16, page 15

Result against performance criterion: In 2015–16 all conciliation conferences in general protections applications involving dismissal were conducted by specialist staff. This change followed a pilot program which was independently reviewed and which is available on the Commission's website. The review identified improvements in timeliness and parties' satisfaction from the changed service delivery model.

In 2015–16, 71 per cent of all matters referred to specialist staff were resolved by the parties agreeing to settle the dispute at conciliation. Parties to matters were surveyed at the conclusion of their conference and 72 per cent were satisfied or very satisfied with the conciliation process.

In relation to enterprise agreement approvals, the introduction of the agreements triage process has enabled the Commission to reduce the time from lodgment of an application to approve an enterprise agreement to its finalisation. Having been extended to include 90 per cent of enterprise agreement approval applications in 2015–16, the triage process has resulted in 50 per cent of applications being finalised in 18 days (down from 21 days) and 90 per cent of applications being finalised within 49 days (down from 56 days).

Performance criterion: Development of a digital strategy to deliver user-focused service improvements and efficiencies

Source: Corporate Plan 2015–16, page 15

Result against performance criterion: User-focused digital service improvements and efficiencies have been delivered, with the introduction of a new online lodgment facility in August 2016. Development of a digital strategy is ongoing.

Performance criterion: Development of an improved case management system

Source: Corporate Plan 2015–16, page 15

Result against performance criterion: The Commission made substantial progress in developing a case management system, including a Request for Information approach to market in 2015–16.

Performance criterion: Public reporting against performance benchmarks

Source: Corporate Plan 2015–16, page 17

Result against performance criterion: Performance against timeliness benchmarks are published for:

  • agreement approval times
  • reserved decisions
  • appeal reserved decisions

These results are published on the Commission's website, together with information on the outcomes of unfair dismissal applications. Additional performance reporting is contained in the Annual Report.

Performance criterion: Strategies to gain and respond to feedback from users

Source: Corporate Plan 2015–16, page 17

Result against performance criterion: The Commission developed two client satisfaction surveys in 2015–16 to obtain feedback on satisfaction levels from parties to general protections and anti-bullying matters. The Commission continued to survey parties following conciliation in unfair dismissal matters.

The Commission welcomes feedback and complaints by providing clear information on the website on how to make complaints and by providing various avenues to provide feedback or make a complaint. The information received is used to review and improve processes.

Analysis of performance against purpose

The Commission's purpose of exercising its functions in accordance with the Fair Work Act has been facilitated in 2015–16 by the achievement of the performance criteria reported above. This has been achieved through the actions committed to in the Corporate Plan around seeking, listening and responding to feedback to improve delivery against the Commission's purpose.

Purpose: The General Manager's powers and functions are exercised in accordance with the Registered Organisations Act

Performance criterion: 95 per cent of financial reports required to be lodged under the Registered Organisations Act are assessed for compliance within 40 working days

Source: Portfolio Budget Statements 2015–16, Budget Related Paper No. 1.6, page 133

Result against performance criterion: The performance criterion was exceeded in 2015–16, with 100 per cent of financial reports assessed within 40 working days.

Table 5: KPI financial reports lodged
Target 2015–16 2014–15 2013–14
95% within 40 days 100 96.2 37.8
Number of reports 391 377 161

Analysis of performance against purpose

The achievement of the performance criterion reported above, in support of the purpose, is attributable to the actions committed to in the Corporate Plan. A combination of increased internal capability, extensive engagement with the regulated community and provision of tools, resources and education to aid voluntary compliance, together with dealing with non-compliance appropriately, has enabled the standard to which the purpose is met, to be improved.

Keep reading the annual report

Part 2: About the CommissionPart 3: PerformancePerformance: Performance summaryPerformance: Annual performance statementsPerformance: Operational performanceOperational performance: Applications lodged

Mini sites

  • Annual Report 2013–14
    • Reader's guide
    • 1. Overview
      • President's introduction
      • General Manager's overview
      • Performance summary
      • Major achievements 2013–14
    • 2. About the Commission
      • Who we are and what we do
      • Our structure
      • Outcome and program structure
      • Our clients and stakeholders
        • In focus—Small Business Outreach
      • Our future direction
        • In focus–New website
        • In focus–Virtual tour
        • In focus–Mock hearings
      • Our history
    • 3. Performance reporting
      • Overview
      • Legislative amendments
      • Workload
      • Timeliness benchmarks
      • Resolving disputes
      • Determining unfair dismissal applications
      • Setting the minimum wage
        • In focus–Pay Equity Unit
      • Orders relating to industrial action
        • Case study–Emergency Services Telecommunications Authority
        • Case study–Sydney Water
      • Processes relating to modern awards
        • In focus–4 yearly review of awards
      • Approving agreements
        • Case study–Catholic Education Victoria
        • Case study–Orora Fibre Packaging
      • Regulating registered organisations
      • Determining anti-bullying applications
        • In focus–Setting up the anti-bullying jurisdiction
        • Case study–Anti-bullying
      • Key performance indicators
    • 4. Management and accountability
      • Corporate governance
      • Planning and development
      • Ethical standards
      • Accountability
      • Our workforce
      • Employee pay and entitlements
      • Service Charter, complaints and Code of Conduct
      • Financial management
    • 5. Appendices
      • A | Member activities
      • B | List of Members
      • C | Panel assignments
      • D | Methodology for Chart 2–Matters dealt with by the Commission and its predecessors 1998–99 to 2013–14
      • E | Promoting fairness and improving access
      • F | Efficiency and innovation
      • G | Increasing accountability
      • H | Productivity and engaging with industry
      • I | Documents relating to the work of the Commission
      • J | Fair Work Commission addresses
      • K | Lodgment and case load statistics
      • L | Methodology for Chart 6–Number of Commission sittings, various
      • M | Subscription services
      • N | Information on specific statutory requirements
      • O | Fraud Control Certificate
      • P | Fair Work Commission Service Charter
      • Q | Financial statements
        • Independent Audit Report
        • Statement by the General Manager and Chief Financial Officer
        • Statement of Comprehensive Income
        • Statement of Financial Position
        • Statement of Changes in Equity
        • Cash Flow Statement
        • Schedule of Commitments
        • Schedule of Administered Items
        • Notes to the financial statements
          • Note 1: Summary of Significant Accounting Policies
          • Note 2: Events after the Reporting Period
          • Note 3: Expenses
          • Note 4: Income
          • Note 5: Fair Value Measurements
          • Note 6: Financial Assets
          • Note 7: Non-financial Assets
          • Note 8: Payables
          • Note 9: Provisions
          • Note 10: Cash Flow Reconciliation
          • Note 11: Contingent Liabilities and Assets
          • Note 12: Senior Executive Remuneration
          • Note 13: Remuneration of Auditors
          • Note 14: Financial Instruments
          • Note 15: Financial Assets Reconciliation
          • Note 16: Administered Income
          • Note 17: Administered Payables
          • Note 18: Administered Cash Flow Reconciliation
          • Note 19: Administered Contingent Liabilities and Assets
          • Note 20: Appropriations
          • Note 21: Compliance with Statutory Conditions for Payments from the Consolidated Revenue Fund
          • Note 22: Compensation and Debt Relief
          • Note 23: Reporting of Outcomes
          • Note 24: Net Cash Appropriation Arrangements
      • R | Agency resource statement
      • S | Expenses and resources for outcome
      • T | Glossary
      • U | Acronyms and abbreviations
      • V | List of requirements
    • Letter of transmittal
    • Inquiries and copyright
    • Videos
    • Downloads
  • Annual Report 2014–15
    • Introduction
    • Preliminary information
      • Contents
      • Letter of transmittal
      • Readers guide
    • Part 1 Overview
      • President's introduction
      • General Manager's overview
      • Performance summary
      • Major achievements
    • Part 2 About the Commission
      • Outcome and programme structure
      • Who we are and what we do
      • Our structure
      • Our history
      • Our clients and stakeholders
      • Our future direction
      • Future directions - Continuing the change program
    • Part 3 Performance reporting
      • Overview
      • Legislative amendments
      • Workload
      • Timeliness benchmarks
      • Resolving disputes
      • Unlawful termination disputes
      • Determining unfair dismissal applications
      • Setting the minimum wage
      • Orders relating to industrial action
      • Processes relating to modern awards
      • Enterprise agreements
      • Determining anti-bullying applications
      • Regulating registered organisations
      • Key performance indicators
    • Part 4 Management and accountability
      • Corporate governance
      • Planning and development
      • Workplace health and safety
      • Business continuity
      • Ethical standards
      • Fair Work Commission values
      • Freedom of information
      • Accountability
      • The Commission's workforce
      • Employee pay and entitlements
      • Service Charter, complaints and code of conduct
      • Financial management
      • Agency resource statement
      • Expenses and resources for outcome
    • Acronyms and abbreviations
    • Part 5 Appendices
      • Appendix A
      • Appendix B
      • Appendix C
      • Appendix D
      • Appendix E
      • Appendix F
      • Appendix G
      • Appendix H
      • Appendix I
      • Appendix J
      • Appendix K
      • Appendix L
      • Appendix M
      • Appendix N
      • Glossary
  • Annual Report 2015–16
    • Preliminary information
      • Letter of transmittal
      • Readers' guide
    • Part 1: Overview
      • President's report
      • General Manager's report
    • Part 2: About the Commission
    • Part 3: Performance
      • Performance summary
      • Annual performance statements 2015–16
      • Operational performance
        • Applications lodged
        • Hearings & conferences
        • Information & assistance
        • Major application types
          • Unfair dismissals
          • General protections & unlawful termination disputes
          • Anti-bullying
          • Enterprise agreements
          • Resolving disputes
          • Industrial action
        • New Approaches
        • Setting the minimum wage
        • Modern awards
        • Regulating registered organisations
        • Appeals
      • Significant decisions
      • Case studies
        • Case study: Enterprise agreements pilot
        • Case study: Patrick & the MUA
        • Case study: Encouraging regulatory compliance
    • Part 4: Management & accountability
      • Corporate governance
      • Financial management
      • Other mandatory information
    • Appendices
      • Appendix A: List of Members
      • Appendix B: Panel assignments
      • Appendix C: Member activities
      • Appendix D: Lodgment & case load statistics
      • Appendix E: Registered organisations data
      • Appendix F: Performance reporting for the RSRT
      • Appendix G: Financial statements
      • Appendix H: Subscription services
      • Appendix I: Service charter
      • Appendix J: List of requirements
      • Appendix K: Expense & resources outcome, agency resource statement & financial performance analysis
    • Glossary
    • Acronyms & abbreviations
    • Contact us
  • Annual Wage Review 2013–14
  • Anti-bullying benchbook
    • Glossary & naming conventions
    • Overview of benchbook
    • What is workplace bullying?
    • Who is covered by workplace bullying laws?
      • Definition of ‘worker’
      • Definition of ‘constitutionally-covered business’
        • What is a person conducting a business or undertaking?
        • What is a Territory or a Commonwealth place?
        • What is a constitutional corporation?
        • What is the Commonwealth?
    • When is a worker bullied at work?
      • What does ‘at work’ mean?
      • Risk of continued bullying
      • Reasonable management action
    • Making an application
    • Responding to an application
    • If the worker has been dismissed
    • Commission processes
      • Procedural issues
      • Representation by lawyers and paid agents
    • Evidence
    • Outcomes
      • Dismissing an application
      • Contravening an order of the Commission
    • Associated applications
      • Costs
      • Appeals
      • Role of the Court
  • Corporate Plan 2018–19
    • 1. Message from the General Manager
    • 2. Purpose
    • 3. Operating environment
    • 4. Culture
    • 5. Capability
    • 6. Performance
  • Corporate Plan 2019–20
    • 1. Message from the General Manager
    • 2. Purpose
    • 3. Operating environment
    • 4. Our focus
    • 5. Culture
    • 6. Capability
    • 7. Performance
  • Corporate Plan 2020-21
    • 1. Message from the General Manager
    • 2. Purpose
    • 3. Operating environment
    • 4. Key activities
    • 5. Capability
    • 6. Risk
    • 7. Performance
  • Enterprise agreements benchbook
    • Glossary & naming conventions
    • 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
      • Employee 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?
      • If parties cannot agree
    • Making an application
      • Common defects & issues
        • National Employment Standards
        • Better off overall test
        • Mandatory terms
        • Other terms
        • Pre-approval requirements
        • Forms & lodgment
      • Who must apply
      • Timeframe to apply
      • 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
        • Industrial action related
        • Bargaining related
      • Role of the Court
      • Appeals
      • Varying enterprise agreements
        • Varying by agreement
        • Ambiguity or uncertainty
        • Discrimination
      • Terminating enterprise agreements
        • Terminating by agreement
        • After its nominal expiry date
      • Terminating individual agreements
  • General Manager reporting requirements
  • General protections benchbook
    • Glossary & naming conventions
    • 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?
    • What is adverse action?
      • What is dismissal?
      • Injuring employee in their employment
      • Altering the position of the employee
      • Discriminating
      • Threatened action and organisation of action
      • Exclusions
    • Workplace rights protections
      • Meaning of workplace right
      • Coercion
      • Undue influence or pressure
      • Misrepresentations
      • Requiring the use of COVIDSafe
    • Industrial activities protections
      • What are industrial activities?
      • Coercion
      • Misrepresentations
      • Inducements – membership action
    • Other protections
      • 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
      • Misrepresenting employment
      • Dismissing to engage as independent contractor
      • Misrepresentation to engage as independent contractor
    • Making an application
      • Dismissal applications
        • Timeframe for lodgment
        • Extension of time for lodging an application
      • Non-dismissal applications
      • Other types of applications
        • Multiple actions relating to dismissal
        • Unfair dismissal
        • Unlawful termination
        • Court application
        • 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
    • Glossary & naming conventions
    • 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
  • JobKeeper benchbook
    • Glossary
    • Introduction
      • Provisions of the Fair Work Act
    • JobKeeper enabling directions – general
      • Service & entitlement accrual
      • When a JobKeeper enabling direction will have no effect
      • Stand downs that are not jobkeeper enabling stand downs
      • Employee requests
    • Jobkeeper enabling stand down directions – entitled employers
      • Directions about duties & location of work
    • Jobkeeper enabling directions – legacy employers
      • Jobkeeper enabling stand down directions – legacy employers
      • Directions about duties & location of work – legacy employers
      • Termination of a jobkeeper enabling direction – legacy employers
    • Agreements about days or times of work
      • Agreements about days or times of work – entitled employers
      • Agreements about days or times of work – legacy employers
      • 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
    • Disputes we cannot assist with
    • Applications to deal with a dispute
      • Who can make an application
      • Responding to an application
      • Objecting to an application
      • Discontinuing an application
    • Commission process
      • General information
      • Conferences & hearings
      • Procedural issues
    • Evidence
    • Outcomes
      • Contravening an order
      • Appeals
      • Role of the Court
    • Attachments
  • Modern Awards Review 2012
    • Introduction
      • Modern Awards Review 2012
  • Sir Richard Kirby Archives
    • Home
    • Sir Richard Kirby
    • About the Archives
    • Cases
      • Case
      • 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
        • Court
          • Early years
          • New court
            • Profile of Justice O'Connor
            • First registration of an industrial organisation
          • Judges & conciliators
          • The Boilermakers' Case
            • The dispute & appeals
        • Commission
          • Post Boilermakers 1956-1973
          • Hawke & Keating governments
            • Industrial Relations Court
          • Howard Government
        • Fair Work Australia
          • The Fair Work system
          • 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
    • Past Presidents
    • Past Members
      • Past Members 1956 to present
      • Past Members to 1956
  • 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
      • 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
      • 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
        • Mitigation
        • Remuneration
        • Other relevant matters
        • Compensation cap
        • Instalments
    • Dismissing an application
    • Evidence
    • Costs
      • 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

Footer

  • Site map
  • Legal
  • Copyright
  • Accessibility

Coronavirus (COVID-19) information