See Fair Work Act 2009 s.590 and s.591
Section 590 of the Fair Work Act provides the ways in which the Fair Work Commission may inform itself including:
Section 591 of the Fair Work Act states that the Commission is not bound by the rules of evidence and procedure (whether or not the Commission holds a hearing).
Although the Commission is not bound by the rules of evidence, they are relevant and cannot be ignored to the extent that it causes unfairness between the parties.[1]
Commission members are expected to act judicially and in accordance with 'notions of procedural fairness and impartiality'.[2]
Commission members are ultimately expected to get to the heart of the matter as quickly and effectively as possible, without unnecessary technicality or formality.[3]
The rules of evidence 'provide general guidance as to the manner in which the Commission chooses to inform itself'.[4]
See Fair Work Act s.678
Giving false or misleading evidence, or inducing or coercing another person to give false or misleading evidence carries a penalty of imprisonment for 12 months.
A person (the witness) commits an offence if:
A person (the offender) commits an offence if:
[1] Re: Construction, Forestry, Mining and Energy Union, PR935310 (AIRC, Ross VP, 25 July 2003) at para. 36.
[2] Coal and Allied Mining Services Pty Ltd v Lawler (2011) 192 FCR 78 [25]; Fair Work Commission, Member Code of Conduct (1 March 2013) 2.
[3] ibid.
[4] Australasian Meat Industry Employees' Union, The v Dardanup Butchering Company Pty Ltd (2011) 209 IR 1 [28]; citing Hail Creek Coal Pty Ltd v Construction, Forestry, Mining and Energy Union(2004) 143 IR 354 [47]‒[50].
[5] See for example Durado & Isugan v Foot & Thai Massage Pty Ltd [2019] FWC 1533 (Kovacic DP, 8 March 2019) at paras 41–42.