2015–16 Major application types: Resolving disputes

 

Commission Members can assist parties to resolve disputes in a number of ways, including by conciliation, mediation, expressing an opinion or making a recommendation. Some agreement terms also empower the Commission to arbitrate a dispute with a binding determination.

The vast majority (98 per cent) of applications to deal with disputes in relation to awards, agreements and contracts were made under s.739 of the Fair Work Act in 2015–16. During the reporting period, 2,033 applications were made to deal with disputes under this section, including 32 applications about flexible working arrangements. This outcome signifies a slight reduction in applications from 2014–15, where 2,119 applications were made under s.739.

A small number of applications (17) were lodged under s.526 of the Fair Work Act about disputes where employees have been stood down due to industrial action, a breakdown of machinery or equipment or any other stoppage of work where the employer cannot reasonably be held responsible. Section 709 applications relating to dispute resolution under the repealed Work Relations Act 1996 as amended by the Workplace Relations Amendment (Work Choices) Act 2005 (WR Act) continued to decline markedly.

Table 33: Dispute applications — lodgments

 

2015–16

2014–15

2013–14

2012–13

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

17

17

18

19

s.699 of repealed WR Act — Application to Fair Work Australia to have an alternative dispute resolution process conducted

1

2

13

4

s.709 of repealed WR Act — Application to Fair Work Australia to have a dispute resolution process conducted under a workplace agreement

11

37

69

162

s.739 — Application to deal with a dispute

2,001

2,078

2,366

2,124

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

32

41

50

37

Total

2,062

2,175

2,516

2,346

Applications of this type can be made by an individual covered by the award, agreement or contract, by a representative of employees or by an employer. Compared to 2014–15, the median number of days between lodgment of a dispute application and its resolution increased by 4 days for 50per cent of matters, and 2 days for 90 per cent of matters (see Table 34).

Table 34: Dispute applications — timeliness

Type of application

50 percent
of matters

90 percent
of matters

 

2015–16

2014–15

2013–14

2012–13

2015–16

2014–15

2013–14

2012–13

s.739 — Application to deal with a dispute — lodgment to first conference (days)

20

16

17

15

47

45

46

38

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