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Home
Annual Report 2015–16
Part 3: Performance
Back to top
Performance summary
Print this page
Operational performance
Engagement
Figure 2: Type of applications lodged
Data for the above chart can be found in Table 6.
Keep reading the annual report
Part 2: About the Commission
Part 3: Performance
Performance: Performance summary
Performance: Annual performance statements
Performance: Operational performance
Operational 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
Attachment 5 – provisions that continue to apply
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 – 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
US, UK and Australian minimum wage systems
Mrs Beeton's cookbook
Glossary
Related sites
Educational materials
AWRS First Findings report
Coronavirus (COVID-19) information