www.fwc.gov.au
Open in
urlscan Pro
151.101.194.216
Public Scan
Submitted URL: http://www.fwa.gov.au/
Effective URL: https://www.fwc.gov.au/
Submission Tags: falconsandbox
Submission: On August 05 via api from US — Scanned from DE
Effective URL: https://www.fwc.gov.au/
Submission Tags: falconsandbox
Submission: On August 05 via api from US — Scanned from DE
Form analysis 2 forms found in the DOM
GET /search
<form action="/search" method="get" id="views-exposed-form-elastic-search-page-1" accept-charset="UTF-8">
<div class="js-form-item form-item form-type-textfield form-item-keywords js-form-item-keywords form-no-label">
<input placeholder="Search" data-drupal-selector="edit-keywords" type="text" id="edit-keywords" name="keywords" value="" size="30" maxlength="128" class="form-text form-element form-element--type-text form-element--api-textfield">
</div>
<div data-drupal-selector="edit-actions" class="form-actions js-form-wrapper form-wrapper" id="edit-actions"><input class="button--primary button js-form-submit form-submit" data-drupal-selector="edit-submit-elastic-search" type="submit"
id="edit-submit-elastic-search" value="Seach">
</div>
</form>GET /search
<form action="/search" method="get" id="views-exposed-form-elastic-search-page-1--0" accept-charset="UTF-8">
<div class="js-form-item form-item form-type-textfield form-item-keywords js-form-item-keywords form-no-label">
<input placeholder="Search" data-drupal-selector="edit-keywords" type="text" id="edit-keywords--2--0" name="keywords" value="" size="30" maxlength="128" class="form-text form-element form-element--type-text form-element--api-textfield">
</div>
<div data-drupal-selector="edit-actions" class="form-actions js-form-wrapper form-wrapper" id="edit-actions--2"><input class="button--primary button js-form-submit form-submit" data-drupal-selector="edit-submit-elastic-search-2" type="submit"
id="edit-submit-elastic-search--2" value="Seach">
</div>
</form>Text Content
Skip to main content
Coronavirus (COVID-19) information
Close
Top Menu
* About us
* Contact us
* Support and legal help
Show/hide search box Menu
MAIN NAVIGATION
Home Close
* Job loss or dismissal
* BackJob loss or dismissalBack
* Types of dismissal and termination
* Unfair dismissal
* BackUnfair dismissalBack
* About unfair dismissal
* BackAbout unfair dismissalBack
* What is unfair dismissal?
* Who the law protects from unfair dismissal
* Check eligibility for unfair dismissal
* The rules for small business owners
* The process for unfair dismissal claims
* Apply for unfair dismissal (Form F2)
* BackApply for unfair dismissal (Form F2)Back
* Check you are ready to apply for unfair dismissal
* Respond to an unfair dismissal claim
* BackRespond to an unfair dismissal claimBack
* What to do when an employee claims unfair dismissal
* Respond to a claim for unfair dismissal (Form F3)
* BackRespond to a claim for unfair dismissal (Form F3)Back
* Help with Form F3 – Employer response to unfair dismissal
* Object to an unfair dismissal claim
* BackObject to an unfair dismissal claimBack
* Object to an application for unfair dismissal remedy (Form F4)
* Jurisdiction hearings in unfair dismissal cases
* Conciliation for unfair dismissal
* BackConciliation for unfair dismissalBack
* What is conciliation?
* Tips to prepare for conciliation
* What happens in a conciliation meeting
* Options at conciliation for unfair dismissal
* The role of the independent conciliator
* Ask to delay a conciliation
* Withdraw your application for unfair dismissal
* Possible results of unfair dismissal claims
* BackPossible results of unfair dismissal claimsBack
* Compensation for unfair dismissal
* BackCompensation for unfair dismissalBack
* The formula to calculate compensation
* Reinstatement after unfair dismissal
* Outcomes or remedies at an unfair dismissal hearing
* Dismissal under general protections
* BackDismissal under general protectionsBack
* About general protections
* BackAbout general protectionsBack
* Understand general protections
* Who the general protections laws cover
* BackWho the general protections laws coverBack
* The difference between contractors and employees
* Check eligibility for general protections
* What is adverse action?
* Prohibited reasons in general protections
* Other workplace protections
* The process for general protections dismissal
* Apply for general protections – dismissal (Form F8)
* Responding to a general protections claim
* BackResponding to a general protections claimBack
* Response to general protections application (Form F8A)
* Object to a general protections dismissal claim
* Conferences for general protections dismissal
* BackConferences for general protections dismissalBack
* Tips to prepare for a general protections conference
* Possible outcomes of a general protections – dismissal case
* Apply for arbitration of a general protections – dismissal case (Form
F8B)
* Take your general protections case to court
* Unlawful termination
* BackUnlawful terminationBack
* Apply for help with unlawful termination (Form F9)
* Respond to an application for unlawful termination (Form F9A)
* Agree to arbitration for unlawful termination (Form F9B)
* Redundancy
* Respond to a claim against a business
* Issues we help with
* BackIssues we help withBack
* Common issues in the workplace
* BackCommon issues in the workplaceBack
* Resolve a dispute in your workplace
* Apply for help to promote cooperative workplaces and prevent disputes
(Form F79)
* Bullying
* BackBullyingBack
* The process to resolve workplace bullying
* What is bullying at work?
* BackWhat is bullying at work?Back
* About reasonable management action
* What to do if you’re bullied at work
* BackWhat to do if you’re bullied at workBack
* How we help stop workplace bullying
* Who can apply to stop bullying
* BackWho can apply to stop bullyingBack
* Check eligibility for an order to stop bullying
* Apply to stop workplace bullying (Form F72)
* Respond to a bullying claim
* BackRespond to a bullying claimBack
* Respond as an employer or principal in a bullying application (Form
F73)
* Respond as a person named in a bullying application (Form F74)
* Conciliation for bullying at work
* BackConciliation for bullying at workBack
* Prepare for a conciliation session
* Sexual harassment
* BackSexual harassmentBack
* What is sexual harassment at work
* Who can apply for orders to stop sexual harassment at work
* Discrimination, the general protections and work health and safety
* What to do if you’re sexually harassed at work
* The Commission’s process to resolve sexual harassment at work
* Apply to stop sexual harassment at work
* Respond to an application about sexual harassment at work
* Conciliation about sexual harassment at work
* Conferences and hearings about sexual harassment at work
* Discrimination
* Help for small business owners
* Casual to permanent status
* BackCasual to permanent statusBack
* Apply to resolve a dispute about casual conversion (Form F10A)
* Dispute about an award or agreement
* BackDispute about an award or agreementBack
* Apply to resolve a dispute about an award or agreement (Form F10)
* Disputes about general protections
* BackDisputes about general protectionsBack
* Apply for general protections – no dismissal (Form F8C)
* Responding to a general protections claim not involving dismissal
* Industrial action
* BackIndustrial actionBack
* Organise a protected action ballot
* BackOrganise a protected action ballotBack
* Apply to hold a protected action ballot (Form F34)
* Apply to extend the 30-day period for protected action (Form F34A)
* Types of industrial action
* Payments during industrial action
* Ballot results
* Apply to resolve a stand down dispute (Form F13)
* Apply to stop unprotected industrial action (Form F14)
* Cooperative Workplaces program
* BackCooperative Workplaces programBack
* Interest-based approaches
* Interest-based bargaining
* Interest-based consultation
* Interest-based problem-solving
* Jobkeeper disputes
* BackJobkeeper disputesBack
* Apply to resolve a jobkeeper dispute (Form F13A)
* Agreements & awards
* BackAgreements & awardsBack
* Enterprise agreements
* BackEnterprise agreementsBack
* Find an enterprise agreement
* BackFind an enterprise agreementBack
* Agreements in progress
* About enterprise agreements
* BackAbout enterprise agreementsBack
* About single and multi-enterprise agreements
* About greenfields agreements
* Historical agreements and instruments
* Make an enterprise agreement
* BackMake an enterprise agreementBack
* The process to make an agreement
* Before you start bargaining
* BackBefore you start bargainingBack
* Timeframes to make an agreement
* Date calculator for single enterprise agreement
* Plan to communicate your agreement
* Bargaining representatives
* BackBargaining representativesBack
* Who can be a bargaining representative?
* The role of representatives
* Cancel a bargaining representative
* Apply for a majority support determination (Form F30)
* Start bargaining
* BackStart bargainingBack
* Scope orders for enterprise agreements
* BackScope orders for enterprise agreementsBack
* Apply for a scope order (Form F31)
* Resolve a dispute about bargaining
* BackResolve a dispute about bargainingBack
* Apply to resolve a bargaining dispute (Form F11)
* Apply for a bargaining order (Form F32)
* Apply for a serious breach declaration (Form F33)
* How to bargain in good faith
* NERR – Notice of Employee Representational Rights
* BackNERR – Notice of Employee Representational RightsBack
* Create the NERR
* Distribute the NERR to employees
* Develop the agreement
* BackDevelop the agreementBack
* Finalise the draft enterprise agreement
* Guide to the BOOT
* BackGuide to the BOOTBack
* How we apply the Better Off Overall Test
* Check an agreement can pass the BOOT
* Terms and dates to put in an agreement
* When employees genuinely agree to an agreement
* Avoid common errors in agreements
* BackAvoid common errors in agreementsBack
* Meet the terms in the NES
* Sign an agreement the right way
* Make sure your NERR is valid
* Make 'loaded' rates clear
* Explain what you did in the access period
* Ways to pass the BOOT
* Hold a vote on the agreement
* BackHold a vote on the agreementBack
* Explain the agreement to employees
* What to give employees during the 'access period'
* Voting process for agreements
* Record how and when employees vote
* Create a greenfields enterprise agreement
* BackCreate a greenfields enterprise agreementBack
* Apply to approve a greenfields agreement (Form F19)
* Change a single enterprise agreement
* BackChange a single enterprise agreementBack
* Apply for approval to change an agreement (Form F23)
* Employer's declaration to vary an agreement (Form F23A)
* Union declaration for variation of an enterprise agreement (Form F23B)
* Apply to vary an agreement to resolve a casual conversion issue (Form
F23C)
* Apply to terminate an agreement after the nominal expiry date (Form
F24B)
* Approval of enterprise agreements
* BackApproval of enterprise agreementsBack
* The process to approve an agreement
* Requirements an agreement must meet
* About undertakings in agreements
* BackAbout undertakings in agreementsBack
* How to write an undertaking
* Approval timelines for agreements
* Is your agreement application ready to lodge?
* Forms for approval of agreements
* BackForms for approval of agreementsBack
* Apply to approve a new enterprise agreement (Form F16)
* Employer declaration for an enterprise agreement (Form F17)
* Union declaration for an enterprise agreement (Form F18)
* Employee rep declaration for an agreement (Form F18A)
* Union declaration for a greenfields agreement (Form F21)
* Employer's declaration for a greenfields agreement under s.182(4)
(Form F21B)
* Union declaration for approval for a greenfields agreement under
s.182(4) (Form F21C)
* Employer's declaration for a greenfields agreement under s.182(3) (Form
F20)
* Terminate an enterprise agreement
* BackTerminate an enterprise agreementBack
* Apply to terminate an enterprise agreement by agreement (Form F24)
* Ways to terminate an individual agreement (IABTI)
* Declaration to support the termination of an agreement (Form F24A)
* Declaration to support the termination of an agreement after nominal
expiry (Form F24C)
* Awards
* BackAwardsBack
* Find an award
* Create or change an award
* BackCreate or change an awardBack
* Applications to change an award
* Apply to create, change or revoke an award (Form F46)
* Modern awards pay database
* BackModern awards pay databaseBack
* Data dictionary
* What awards contain
* The difference between awards and agreements
* Awards research
* Minimum wages and conditions
* BackMinimum wages and conditionsBack
* The national minimum wage
* BackThe national minimum wageBack
* National minimum wage orders
* National Employment Standards
* Where to find your pay and conditions
* Hearings & decisions
* BackHearings & decisionsBack
* Hearings schedule
* BackHearings scheduleBack
* Adelaide hearings
* Brisbane hearings
* Canberra hearings
* Darwin hearings
* Hobart hearings
* Melbourne hearings
* Perth hearings
* Sydney hearings
* Regional hearings
* How the Commission works
* BackHow the Commission worksBack
* What to do when we set your tribunal date
* About conferences and hearings
* Prepare for a conference or hearing
* Possible outcomes of a hearing or conference
* What happens during a hearing
* BackWhat happens during a hearingBack
* Inside the hearing room
* On the day of your conference or hearing
* Recording a hearing or conference
* Ask to delay a hearing or conference
* Appeal a decision or order
* BackAppeal a decision or orderBack
* The appeals process
* BackThe appeals processBack
* Reasons you may appeal a decision or order
* Who can appeal a decision?
* How to appeal a decision
* Order to ‘stay’ all or part of a decision
* Create an appeal book
* Prepare for an appeal hearing
* BackPrepare for an appeal hearingBack
* Prepare an outline of submissions for an appeal
* What happens in an appeal hearing
* Who sits on an Appeal Bench?
* Timetable of appeal hearings
* Results of appeals
* Apply for permission to appeal (Form F7)
* Decisions and orders
* BackDecisions and ordersBack
* National wage and safety net review decisions
* Significant decisions and summaries
* Major cases
* BackMajor casesBack
* 4 yearly review
* Back4 yearly reviewBack
* All decisions and statements
* Alleged NES inconsistencies
* Awards under review
* BackAwards under reviewBack
* Proposed Helicopter Aircrew Award
* Social, Community, Home Care and Disability Services Industry Award
* Supported Employment Services Award
* Common issues
* BackCommon issuesBack
* Abandonment of employment
* Annual leave
* Annualised salaries
* Apprentice conditions
* Award flexibility
* Blood donor leave
* Casual employment
* Family and domestic violence leave
* Family friendly work arrangements
* Micro business schedule
* National Training Wage
* Overtime for casuals
* Part-time employment
* Payment of wages
* Penalty rates case
* BackPenalty rates caseBack
* Decisions & statements
* General Retail Industry Award
* Hair and Beauty Industry Award
* Public holidays
* Transitional provisions
* Final stage proceedings
* Plain language re-drafting
* BackPlain language re-draftingBack
* Fast Food Industry Award
* Hair and Beauty Industry Award
* Timetable
* Annual wage reviews
* BackAnnual wage reviewsBack
* Annual Wage Review 2021–22
* BackAnnual Wage Review 2021–22Back
* Additional material for the Annual Wage Review 2021–22
* Correspondence for the Annual Wage Review 2021–22
* Decisions & statements for the Annual Wage Review 2021–22
* Determinations for the Annual Wage Review 2021–22
* Draft determinations for the Annual Wage Review 2021–22
* National Minimum Wage Order 2022
* Notices of listing for the Annual Wage Review 2021–22
* Research for the Annual Wage Review 2021–22
* Statistical reporting for the Annual Wage Review 2021–22
* Submissions for the Annual Wage Review 2021–22
* Timetable for the Annual Wage Review 2021–22
* Transcripts for the Annual Wage Review 2021–22
* Annual Wage Review 2020–21
* BackAnnual Wage Review 2020–21Back
* Additional material for the Annual Wage Review 2020–21
* Consultations for the Annual Wage Review 2020–21
* Correspondence for the Annual Wage Review 2020–21
* Decisions & statements for the Annual Wage Review 2020–21
* Determinations for the Annual Wage Review 2020–21
* Draft determinations for the Annual Wage Review 2020–21
* National Minimum Wage Order 2021
* Notices of listing for the Annual Wage Review 2020–21
* Research for the Annual Wage Review 2020–21
* Statistical reporting for the Annual Wage Review 2020–21
* Submissions for the Annual Wage Review 2020–21
* BackSubmissions for the Annual Wage Review 2020–21Back
* Initial submissions for the Annual Wage Review 2020–21
* Post-budget submissions for the Annual Wage Review 2020–21
* Submissions in reply for the Annual Wage Review 2020–21
* Supplementary submissions for the Annual Wage Review 2020–21
* Timetable for the Annual Wage Review 2020–21
* Transcripts for the Annual Wage Review 2020–21
* Annual Wage Review 2019–20
* BackAnnual Wage Review 2019–20Back
* Additional material for the Annual Wage Review 2019-20
* Consultations for the Annual Wage Review 2019-20
* Correspondence for the Annual Wage Review 2019-20
* Decisions & statements for the Annual Wage Review 2019-20
* Determinations for the Annual Wage Review 2019-20
* Junior & apprentice rates in modern awards for the Annual Wage Review
2019-20
* National Minimum Wage Order 2020
* Notices of listing for the Annual Wage Review 2019-20
* Research for the Annual Wage Review 2019-20
* Research proposals for the Annual Wage Review 2019-20
* Statistical reporting for the Annual Wage Review 2019-20
* Submissions for the Annual Wage Review 2019-20
* BackSubmissions for the Annual Wage Review 2019-20Back
* Initial submissions for the Annual Wage Review 2019-20
* Submissions in reply for the Annual Wage Review 2019-20
* Supplementary submissions for the Annual Wage Review 2019-20
* Timetable for the Annual Wage Review 2019-20
* Transcripts for the Annual Wage Review 2019-20
* Annual Wage Review 2018–19
* BackAnnual Wage Review 2018–19Back
* Additional material for the Annual Wage Review 2018-19
* Consultations for the Annual Wage Review 2018-19
* Correspondence for the Annual Wage Review 2018-19
* Decisions & statements for the Annual Wage Review 2018-19
* Determinations for the Annual Wage Review 2018-19
* National Minimum Wage Order 2019
* Notices of listing for the Annual Wage Review 2018-19
* Research for the Annual Wage Review 2018-19
* Statistical reporting for the Annual Wage Review 2018-19
* Submissions for the Annual Wage Review 2018-19
* BackSubmissions for the Annual Wage Review 2018-19Back
* Initial submissions for the Annual Wage Review 2018-19
* Submissions in reply for the Annual Wage Review 2018-19
* Timetable for the Annual Wage Review 2018-19
* Transcripts for the Annual Wage Review 2018-19
* Annual wage reviews archive
* BackAnnual wage reviews archiveBack
* Annual Wage Review 2012–13
* Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
* Award flexibility – Hospitality and retail sectors
* BackAward flexibility – Hospitality and retail sectorsBack
* Application to vary the Hospitality Award
* Application to vary the Restaurant Award
* Application to vary the Retail Award
* Background material
* Correspondence
* Decisions and statements
* Notices of listing and directions
* Research and data
* Submissions
* Transcript
* Equal Remuneration and Work Value Case
* BackEqual Remuneration and Work Value CaseBack
* Applications
* Correspondence
* Decisions and statements
* Legislation
* Notices of listing and directions
* Orders
* Papers
* Submissions
* Timetable
* Transcript
* Family and domestic violence leave review
* BackFamily and domestic violence leave reviewBack
* Decisions & statements
* Proposed On Demand Delivery Services Award (Menulog)
* Review of certain C14 rates in modern awards
* Superannuation fund reviews
* Undergraduate qualifications review
* Work value case – Aged Care Industry
* BackWork value case – Aged Care IndustryBack
* Correspondence
* Decisions & statements
* Notices of listing & directions
* Submissions
* Transcript
* Previous major cases
* BackPrevious major casesBack
* Ballot for withdrawal of ME Division from CFMMEU
* Casual terms award review 2021
* BackCasual terms award review 2021Back
* Background material
* Correspondence
* Decisions & statements
* Determinations
* Notices of listing & directions
* Submissions
* Transcripts
* All documents
* Clerks – Private Sector Award – Work from home case
* Equal Remuneration Case 2010-12
* BackEqual Remuneration Case 2010-12Back
* Applications
* Correspondence
* Decisions & statements
* Draft orders
* Exhibits
* Notices of listing
* Site Inspections
* Submissions
* Timetable
* Transcripts
* Health sector awards – pandemic leave case
* BackHealth sector awards – pandemic leave caseBack
* Applications
* Correspondence
* Decisions and statements
* Determinations
* Information notes and articles
* Notices of listing and directions
* Orders
* Submissions and witness statements
* Transcript
* Modern awards review 2012
* BackModern awards review 2012Back
* Awards reviewed 2012
* Case law benchbooks
* BackCase law benchbooksBack
* Anti-bullying benchbook
* BackAnti-bullying benchbookBack
* Overview of benchbook
* What is workplace bullying?
* Who is covered?
* BackWho is covered?Back
* Definition of ‘worker’
* Definition of ‘constitutionally-covered business’
* BackDefinition of ‘constitutionally-covered business’Back
* 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?
* BackWhen is a worker bullied at work?Back
* What does ‘at work’ mean?
* Risk of continued bullying
* What does ‘Reasonable management action’ mean?
* Making an application
* Responding to an application
* What if the worker has been dismissed etc
* Commission processes
* BackCommission processesBack
* Procedural issues
* Representation by lawyers and paid agents
* Evidence
* What are the outcomes?
* BackWhat are the outcomes?Back
* When can the Commission dismiss an application?
* Contravening an order of the Commission
* Associated applications
* BackAssociated applicationsBack
* Costs
* Appeals
* Role of the Court
* Enterprise agreements benchbook
* BackEnterprise agreements benchbookBack
* Overview of benchbook
* What is an enterprise agreement?
* BackWhat is an enterprise agreement?Back
* Single-enterprise agreement
* Multi-enterprise agreement
* Differences between single and multi-enterprise agreements
* Greenfields agreement
* Content of an enterprise agreement
* BackContent of an enterprise agreementBack
* 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
* BackTerms that cannot be includedBack
* Terms that exclude the NES
* Unlawful terms
* Designated outworker terms
* Agreement making process
* BackAgreement making processBack
* Representation
* Employees must be notified of their right to be represented
* Bargaining representatives
* Bargaining
* BackBargainingBack
* Good faith bargaining
* How long does bargaining take?
* Voting
* BackVotingBack
* Voting process
* Who can vote?
* Timeframe for vote
* Voting methods
* When is an agreement made?
* What happens if the parties cannot agree?
* Making an application
* BackMaking an applicationBack
* Common defects & issues
* BackCommon defects & issuesBack
* National Employment Standards – common defects & issues
* Better off overall test – common defects & issues
* Mandatory terms – common defects & issues
* Other terms of the agreement
* Pre-approval requirements – common issues
* Forms & lodgment – common defects & issues
* Who must apply
* Timeframe to apply – within 14 days
* Material to accompany application
* Signing an agreement
* Employer must notify employees
* Commission approval process
* BackCommission approval processBack
* Genuine agreement
* BackGenuine agreementBack
* Minor procedural or technical errors
* Where a scope order is in operation
* Particular kinds of employees
* Better off overall test (BOOT)
* BackBetter off overall test (BOOT)Back
* 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
* BackAssociated applicationsBack
* Majority support determinations
* Authorisations to commence bargaining
* BackAuthorisations to commence bargainingBack
* Single interest employer authorisations
* Ministerial declaration
* Low-paid authorisations
* Scope orders
* Bargaining orders
* Serious breach declarations
* Disputes
* Workplace determinations
* BackWorkplace determinationsBack
* Low-paid workplace determinations
* Industrial action related workplace determinations
* Bargaining related workplace determinations
* Role of the Court
* Appeals
* Varying enterprise agreements
* BackVarying enterprise agreementsBack
* Varying by agreement
* Ambiguity or uncertainty
* Casual employee definition and casual conversion provisions
* Discrimination
* Terminating enterprise agreements
* BackTerminating enterprise agreementsBack
* Terminating by agreement
* After its nominal expiry date
* Terminating individual agreements
* General protections benchbook
* BackGeneral protections benchbookBack
* Overview of benchbook
* BackOverview of benchbookBack
* When is a person covered by the general protections?
* What are the general protections?
* How do the general protections work?
* BackHow do the general protections work?Back
* Rebuttable presumption as to reason or intent
* Coverage for general protections
* BackCoverage for general protectionsBack
* 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 by the general protections?
* What is adverse action?
* BackWhat is adverse action?Back
* What is dismissal?
* What is ‘injuring’ the employee in his or her employment?
* What is altering the position of the employee to the employee’s
prejudice?
* What is discriminating between the employee and other employees of
the employer?
* Threatened action and organisation of action
* Exclusions
* Workplace rights – Division 3
* BackWorkplace rights – Division 3Back
* Meaning of workplace right
* Coercion
* Undue influence or pressure
* Misrepresentations
* Requiring the use of COVIDSafe
* Industrial activities – Division 4
* BackIndustrial activities – Division 4Back
* What are industrial activities?
* Coercion
* Misrepresentations
* Inducements – membership action
* Other protections – Division 5
* BackOther protections – Division 5Back
* Discrimination
* BackDiscriminationBack
* 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 – Division 6
* BackSham arrangements – Division 6Back
* Misrepresenting employment
* Dismissing to engage as independent contractor
* Misrepresentation to engage as independent contractor
* Making an application
* BackMaking an applicationBack
* Dismissal applications
* BackDismissal applicationsBack
* Timeframe for lodgment
* Late lodgment
* Non-dismissal applications
* Other types of applications
* BackOther types of applicationsBack
* Multiple actions relating to dismissal
* Unfair dismissal
* Unlawful termination
* Court application (interim injunction)
* Discrimination
* Power to dismiss applications
* Evidence
* Commission process
* BackCommission processBack
* Conferences & hearings
* Dealing with different types of general protections disputes
* Rescheduling or adjourning matters
* Representation by lawyers and paid agents
* Bias
* Outcomes
* Costs
* BackCostsBack
* When are costs ordered by the Commission?
* Costs against representatives
* Appeals
* Role of the Court
* BackRole of the CourtBack
* Enforcement of Commission orders
* Types of order made by the Court
* Industrial action benchbook
* BackIndustrial action benchbookBack
* What is industrial action?
* BackWhat is industrial action?Back
* Unprotected industrial action
* BackUnprotected industrial actionBack
* Orders to stop or prevent unprotected industrial action
* Protected industrial action
* BackProtected industrial actionBack
* Immunity
* Common requirements
* Employee claim action
* Employer response action
* Employee response action
* Pattern bargaining
* Taking protected industrial action
* BackTaking protected industrial actionBack
* Protected action ballots
* BackProtected action ballotsBack
* Who may apply?
* Making an application
* Commission process
* Varying a protected action ballot order
* Revoking a protected action ballot order
* Voting
* BackVotingBack
* 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
* BackPayments relating to industrial actionBack
* Partial work bans
* Unprotected industrial action – payments
* Standing down employees
* Suspension or termination of protected industrial action
* BackSuspension or termination of protected industrial actionBack
* Powers of the Commission
* BackPowers of the CommissionBack
* When the Commission may suspend or terminate
* When the Commission must suspend or terminate
* BackWhen the Commission must suspend or terminateBack
* Threats to persons or the economy
* Suspending industrial action
* Requirements relating to a period of suspension
* Powers of the Minister
* Enforcement
* Appeals
* Sexual harassment benchbook
* BackSexual harassment benchbookBack
* Overview of benchbook
* What is sexual harassment?
* Who is covered by the laws to stop sexual harassment at work?
* BackWho is covered by the laws to stop sexual harassment at work?Back
* Definition of ‘Worker’
* Definition of ‘constitutionally-covered business’
* BackDefinition of ‘constitutionally-covered business’Back
* What is a person conducting a business or undertaking (PCBU)?
* BackWhat is a person conducting a business or undertaking
(PCBU)?Back
* What is a Commonwealth authority?
* What is a Territory or a Commonwealth place?
* What is a body corporate incorporated in a Territory?
* What is the Commonwealth?
* When is a worker sexually harassed at work?
* BackWhen is a worker sexually harassed at work?Back
* What does ‘at work’ mean?
* Reasonable belief of bullying or sexual harassment at work
* Risk of continued sexual harassment
* BackRisk of continued sexual harassmentBack
* Absence of future risk of sexual harassment
* Change in circumstances
* Other options for workers who are no longer working for the
employer/principal
* Making an application
* BackMaking an applicationBack
* Responding to an application
* Commission process – Hearings and conferences
* BackCommission process – Hearings and conferencesBack
* Powers of the Commission
* Procedural issues
* Representation by lawyers and paid agents
* BackRepresentation by lawyers and paid agentsBack
* Notification of ‘acting for’ a person
* What is representation?
* When will permission be granted?
* Exception – Conference by staff conciliator
* Representation – Not in a conference or hearing
* Bias
* Rescheduling or adjourning matters
* Evidence
* BackEvidenceBack
* Privilege against self-incrimination
* What are the outcomes?
* BackWhat are the outcomes?Back
* Conciliated outcomes
* Orders to stop bullying or sexual harassment (or both) at work
* Considerations
* When can the Commission dismiss an application?
* Contravening an order of the Commission
* Associated applications
* BackAssociated applicationsBack
* Costs
* BackCostsBack
* What are costs?
* Applying for costs
* When are costs ordered?
* Appeals
* Role of the Court
* Unfair dismissals benchbook
* BackUnfair dismissals benchbookBack
* Overview of unfair dismissal
* Coverage for unfair dismissal
* BackCoverage for unfair dismissalBack
* Who is protected from unfair dismissal?
* People excluded from national unfair dismissal laws
* BackPeople excluded from national unfair dismissal lawsBack
* 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?
* BackWhat is the minimum period of employment?Back
* How do you calculate the minimum period of employment?
* What is continuous service?
* What is an excluded period?
* Bankruptcy
* Insolvency
* What is dismissal?
* BackWhat is dismissal?Back
* 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?
* BackWhat is a genuine redundancy?Back
* Job no longer required due to changes in operational requirements
* Consultation obligations
* Redeployment
* What is the Small Business Fair Dismissal Code?
* What makes a dismissal unfair?
* BackWhat makes a dismissal unfair?Back
* Valid reason relating to capacity or conduct
* BackValid reason relating to capacity or conductBack
* Capacity
* Conduct
* Notification of reason for dismissal
* Opportunity to respond
* Unreasonable refusal of a support person
* Warnings – unsatisfactory performance
* Size of employer's enterprise & human resources specialists
* Other relevant matters
* Making an application
* BackMaking an applicationBack
* 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 – conciliations, hearings and conferences
* BackCommission process – conciliations, hearings and conferencesBack
* Conciliation
* Hearings and conferences
* Preparing for hearings and conferences
* Representation by lawyers and paid agents
* Rescheduling or adjourning matters
* Bias
* Remedies
* BackRemediesBack
* Reinstatement
* BackReinstatementBack
* Order for reinstatement cannot be subject to conditions
* Order to maintain continuity
* Order to restore lost pay
* Compensation
* BackCompensationBack
* Calculating compensation
* Instalments
* Mitigation
* Remuneration
* Any other matters that the Commission considers relevant
* Compensation cap
* Dismissing an application
* Evidence
* Costs
* BackCostsBack
* Costs against representatives
* Security for costs
* Appeals
* BackAppealsBack
* Staying decisions
* Role of the Court
* JobKeeper disputes benchbook
* BackJobKeeper disputes benchbookBack
* Introduction
* BackIntroductionBack
* Overview of the Coronavirus Economic Response provisions in the Fair
Work Act
* JobKeeper enabling directions – general information
* BackJobKeeper enabling directions – general informationBack
* Service & entitlement accrual while a JobKeeper enabling direction
applies
* When a JobKeeper enabling direction will have no effect
* Stand downs that are not jobkeeper enabling stand downs
* Employee requests for secondary employment, training and professional
development during a jobkeeper enabling stand down
* JobKeeper enabling stand down directions – employers currently entitled
to jobkeeper payments
* BackJobKeeper enabling stand down directions – employers currently
entitled to jobkeeper paymentsBack
* Directions about duties & location of work
* Jobkeeper enabling directions – employers previously entitled to
jobkeeper payments
* BackJobkeeper enabling directions – employers previously entitled to
jobkeeper paymentsBack
* Jobkeeper enabling stand down directions – employer previously
entitled to jobkeeper payment for employee
* Directions about duties & location of work – employer previously
entitled to jobkeeper payment for employee
* Termination of a jobkeeper enabling direction made by a legacy
employer
* Agreements about days or times of work
* BackAgreements about days or times of workBack
* Agreements about days or times of work – employers currently entitled
to jobkeeper payments
* Agreements about days or times of work – employers previously
entitled to jobkeeper payment for employee
* Termination of an agreement about days or times of work
* Employer payment obligations
* BackEmployer payment obligationsBack
* Wage condition
* Minimum payment guarantee
* Hourly rate of pay guarantee
* Agreements about annual leave
* Protections
* Jobkeeper disputes the Commission cannot assist with
* Applications to deal with a dispute about the operation of Part 6-4C
* BackApplications to deal with a dispute about the operation of Part
6-4CBack
* Who can make an application
* Responding to an application
* Objecting to an application
* Discontinuing an application
* Commission process
* BackCommission processBack
* General information
* Conferences & hearings during the COVID-19 pandemic
* Procedural issues
* Evidence
* Outcomes of Commission dispute resolution under Part 6-4C
* BackOutcomes of Commission dispute resolution under Part 6-4CBack
* Contravening an order of the Commission
* Appeals
* Role of the Court
* Attachments
* Attachment 5 – Jobkeeper provisions that continue to apply on or after
29 March 2021
* References in the benchbooks
* Vaccination related matters
* Practice notes
* BackPractice notesBack
* Appeal proceedings
* Discontinuing matters
* Fair hearings
* Lawyers & paid agents
* Orders to attend & orders to produce
* Requests to appear remotely
* Unfair dismissal proceedings
* Transcripts and recordings
* BackTranscripts and recordingsBack
* Recent transcripts
* Ceremonial sittings transcripts
* Registered organisations
* BackRegistered organisationsBack
* Entry permits
* BackEntry permitsBack
* Find an entry permit
* When an official can enter a workplace
* Training that permit holders must complete
* When to return an entry permit
* About Fair Work entry permits
* BackAbout Fair Work entry permitsBack
* Who can hold a Fair Work Entry permit
* How to apply for a Fair Work entry permit
* BackHow to apply for a Fair Work entry permitBack
* Entry permit – photo and signature declaration (Form F42C)
* Apply for a Fair Work entry permit (Form F42)
* How we process Fair Work entry permit applications
* Rules for a Fair Work entry notice
* Rights and obligations of Fair Work entry permit holders
* Apply for an affected member certificate (Form F45)
* Apply to be exempt from providing an entry notice (Form F44)
* About Work Health and Safety entry permits
* BackAbout Work Health and Safety entry permitsBack
* Apply for a WHS entry permit (Form F42A)
* Statutory declaration to support an application for a WHS entry permit
(Form F42B)
* Rules for a WHS entry notice
* Rights and obligations of WHS permit holders
* Disputes about entry to workplaces
* BackDisputes about entry to workplacesBack
* Apply to resolve a right of entry dispute (Form F12)
* Notices in the Gazette
* Find a registered organisation
* BackFind a registered organisationBack
* Find a recognised state-registered association
* What is a registered organisation
* BackWhat is a registered organisationBack
* Object to joining an employee or employer association (Form F69)
* Services for employer associations, unions and enterprise unions
* Rules for unions and employer associations
* Change the rules of a union or employer association
* BackChange the rules of a union or employer associationBack
* Apply to change the name of a registered organisation (Form F67)
* Apply to change the eligibility rules of a employer association or
union (Form F68)
* Application for leave to change name and to alter rules (Form F59)
* Apply to change eligibility rules of a federal counterpart (Form F68A)
* Apply to change 'other' rules of a registered organisation
* Renew an objection to joining an employee or employer association (Form
F70)
* Become a registered union or employer association
* BackBecome a registered union or employer associationBack
* Apply to register a union (Form F56)
* Apply to register an employer association (Form F55)
* Apply to register an enterprise union (Form F57)
* Apply for recognition as an RSRA
* Object to the registration of an association (Form F58)
* Merge registered organisations
* BackMerge registered organisationsBack
* Ballot paper for proposed amalgamation (Form F64)
* Ballot paper chosen by organisation for proposed amalgamation (Form F63)
* Ballot paper chosen by organisation with alternative to proposed
amalgamation (Form F65)
* Ballot paper with alternative to proposed amalgamation (Form F66)
* Cancelling an organisation's registration
* BackCancelling an organisation's registrationBack
* Apply to cancel an organisation's registration (Form F62)
* Application by an organisation to cancel an organisation's registration
(Form F60)
* Object to the cancellation of an organisation's registration (Form F61)
* Apply or lodge
* BackApply or lodgeBack
* Forms
* BackFormsBack
* Declarations and statutory declarations
* Legal help and representation
* BackLegal help and representationBack
* Where to find legal help
* BackWhere to find legal helpBack
* Tips to choose a lawyer or paid agent
* Glossary of legal terms
* How the Commission can and can’t help
* Legal advice from the Workplace Advice Service
* BackLegal advice from the Workplace Advice ServiceBack
* Request form for WAS
* Workplace Advice Service terms & conditions
* If you decide to represent yourself
* Representatives and the rules they must follow
* BackRepresentatives and the rules they must followBack
* Notify us that you have a representative, or that they plan to act for
you (Form F53)
* Notice that a representative has stopped acting for a person (Form F54)
* How we decide if a lawyer or paid agent can take part
* Support for your health and wellbeing
* Fees and costs
* BackFees and costsBack
* Ask to waive an application fee (Form F80)
* Deadlines
* Who Australia's national system covers
* Approved file types and email addresses
TOP MENU
* About us
* Contact us
* Support and legal help
Home
FAIR WORK COMMISSION
The Fair Work Commission is Australia’s workplace tribunal. We create awards,
approve enterprise agreements and help resolve issues at work.
Apply or lodge
Content
COMMON ISSUES
* UNFAIR DISMISSAL
Unfair dismissal
* BULLYING
Bullying
* REDUNDANCY
Redundancy
* DISPUTE ABOUT AN AWARD OR AGREEMENT
Dispute about an award or agreement
* INDUSTRIAL ACTION
Industrial action
For pay, leave and other entitlements contact the Fair Work Ombudsman
See all issues we may help with
WHERE TO FIND HELP
Find legal help and advice about workplace issues. You may choose to represent
yourself instead of hiring a lawyer or paid agent.
The Commission is independent so we do not take sides and we cannot give you
legal advice.
SMALL BUSINESS HELP AND FORMS
* Legal help for small businesses
* How to fairly dismiss an employee
* Respond to a bullying claim
* Respond to an unfair dismissal claim
RESOURCES FOR LEGAL PRACTITIONERS
* Search for a decision
* Hearings schedule
* Case law benchbooks
* Legislation and regulations
Content
ENTERPRISE AGREEMENTS AND AWARDS
* FIND AN AGREEMENT
Find an agreement
* FIND AN AWARD
Find an award
* FIND DECISIONS
Find decisions
NEWS AND UPDATES
ONLINE FORM F17 NOW AVAILABLE
Date
03 Aug 2022
Online Form F17 now available
HAIR AND BEAUTY INDUSTRY AWARD EXTENSIVELY VARIED
Date
03 Aug 2022
Deck
Preview the new Hair and Beauty Industry Award 2020 now.
Hair and Beauty Industry Award extensively varied
NEW MATERIALS AVAILABLE IN DOCUMENT SEARCH
Date
29 Jul 2022
Deck
Decisions and agreements available from 2003
New materials available in document search
FAST FOOD AWARD EXTENSIVELY VARIED
Date
28 Jul 2022
Deck
The new Fast Food Industry Award 2020 has been published.
Fast Food Award extensively varied
See all News and updates
FOOTER
* Language help
* Contact us
* About us
Content
Subscribe
Subscribe to regular updates on different services and topics. Find out what you
can subscribe to.
FOOTER BOTTOM MENU
* Copyright ©
* Statement of commitment to First Nations Australians
* Accessibility
* Disclaimer
* Privacy
Back to top
Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 16 Jun 2022
Location on last update: https://www.fwc.gov.au/home