To end proceedings or to suspend them to another time or place.
To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.
Bullying at work, as defined by the Fair Work Act 2009, occurs when:
Bullying does not include reasonable management action carried out in a reasonable manner.
A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.
A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.
Abbreviation for Fair Work Commission.
Refers to the Commonwealth government or an Australian territory.
A private proceeding conducted by a Fair Work Commission Member.
A constitutionally covered business is:
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.
Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.
Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.
A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.
Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.
A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.
The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.
An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.
A case or legal proceeding before the Commission.
An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.
A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.
An entity that is not a constitutional corporation. The following are not constitutional corporations:
An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.
The end result of an application made to the Commission.
A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.
An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.
A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.
A person or business that has entered into a contract for services with an independent contractor.
A business owned and operated by private individuals for profit, instead of by a government or its agencies.
When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.
A proprietary limited company. A constitutionally covered business.
In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.
Reasonable management action may include:
In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.
A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.
An organisation in which one person is responsible for the business.
Abbreviation for work health and safety.
A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.
A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.
In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:
Only people who are considered to be workers may apply for an order to stop bullying at work.
A place where a person performs work.
See bullying at work.
This page provides information on using federal permits only. There are 2 types of permit in the federal industrial relations system.
A Fair Work entry permit allows an official to enter premises for the purpose of:
The WHS entry permit allows the official to enter premises for the purpose of:
Under the Fair Work Act 2009 (the Act) written notice (a Fair Work entry notice) is required to be given before entering a workplace. The written notice should be provided no less than 24 hours and no more than 14 days before the proposed visit.
Less notice can be provided if an exemption has been given by the Fair Work Commission or if the entry is in relation to textile, clothing and footwear (TCF) award workers (s.483A of the Act). In these cases, written notice or a copy of the exemption certificate must be provided either before or as soon as possible after entering the premises.
A Fair Work entry notice will look different depending on the section of the Act that authorises entry, and must include details of:
These forms can be found in the Fair Work Regulations 2009.
At least 24 hours notice must be given when exercising a right under a state or territory occupational health and safety law for the purpose of inspecting or accessing employee records. Notice must be written and set out the intention to exercise the right and the reasons for doing so.
Notice must also comply with the relevant occupational health and safety law.
Under the Work Health and Safety Act 2011 (the WHS Act) written notice of entry (a WHS entry notice) for the purpose of inquiring into a suspected contravention of the WHS Act must be given as soon as reasonably practicable after entering a workplace. This does not apply if it would defeat the purpose of entry, or if it would unreasonably delay the permit holder in an urgent case.
Written notice of entry for the purpose of inspecting or making copies of documents, or for the purpose consulting and advising workers notice must be provided no less than 24 hours and no more than 14 days before the proposed visit.
A WHS entry notice will look different depending on the section of the Act that authorises entry, and should include details of:
To find a template WHS entry notice go to the Comcare forms and publications website.
If entering to hold discussions a Fair Work entry permit holder may:
If entering to investigate a contravention of the Act, a Fair Work entry permit holder may:
Note: documents that relate to a person who is not a member of the union and that do not substantially relate to the employment of a member are not documents that may be inspected or copied. A permit holder may apply to the Commission to inspect such documents, or written consent may be given by that person.
The Fair Work entry permit holder may also request within five days of the entry, by written notice of not less than 14 days, access to records and documents at a later time.
If a Fair Work entry permit holder is entering premises located where accommodation is not reasonably available, the occupier of the premises must enter into an arrangement for the provision of accommodation if:
The occupier must not charge a fee more than necessary to cover the costs. Conduct of the permit holder while at the accommodation is considered conduct engaged in as part of the exercise of right of entry.
If a Fair Work entry permit holder is entering premises in a place that is not reasonably accessible, the occupier of the premises must enter into an arrangement for the provision of transport to assist the permit holder exercise to enter premises if:
The occupier must not charge a fee more than necessary to cover the costs.
Conduct of the permit holder whilst in transport is considered conduct engaged in as part of the exercise of right of entry.
If entering inquire about a contravention of the WHS Act or to consult workers, a WHS entry permit holder may:
If entering to inquire about a contravention of the WHS Act, a WHS entry permit holder may:
If entering to inspect employee records or information for the purpose of inquiring about a contravention of the WHS Act, a WHS entry permit holder may:
All entry permit holders must:
A Fair Work entry permit holder must:
A WHS entry permit holder must:
No entry permit holder may:
Penalties may apply for refusing, delaying or obstructing entry, as well as for other contraventions of the legislation.
Section 489 of the Act requires a Fair Work permit holder to produce their authority documents on request when entering premises. The authority documents are the original entry permit and a copy of the entry notice (or an exemption certificate).
Section 125 of the WHS Act requires a WHS entry permit holder to have their original WHS entry permit and photographic identification available for inspection.
Both Acts state that the relevant permit, not a copy (whether certified or not), must be produced.
All entry permits issued on or after 1 July 2019 must include the following:
Fair Work right of entry permits issued from 1 July are the size of your driver's licence.
The permits also include:
Note: Existing entry permits in the previous form will continue to be valid until they expire (unless they are revoked or suspended).