Fair Work Commission

Conducting a conference

 See Fair Work Act ss.592 and 595

Any conference conducted by the Fair Work Commission in a general protections matter must be held in private.^[1]

In private

In private means that members of the public are excluded.

Persons who are necessary for the Commission to perform its functions are permitted to be present.^[2]

The Commission may deal with a dispute (other than by arbitration) as it considers appropriate, including:

• by mediation or conciliation, or
• by making a recommendation or expressing an opinion.

Holding a hearing

See Fair Work Act s.593

If the Commission holds a hearing in relation to a matter, the hearing must be held in public. The Commission may consider that the matter involves sensitive or confidential evidence and do any of the following:

• order that all or part of the hearing is to be held in private
• restrict who may or may not be present at the hearing
• prohibit or restrict the publication of the names and addresses of persons appearing at the hearing, or
• prohibit or restrict the publication of evidence, or its disclosure to some or all of the persons present at the hearing.

‘On the papers’

Sometimes the Commission is able to determine a matter based on written submissions without the need for a formal hearing or conference where the facts are not in dispute. This is referred to as a matter being determined ‘on the papers’.

The Commission has the power to direct a party to a matter to provide copies of documents, records, or any other information.^[3]

References