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Coronavirus (COVID-19) information

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Table of contents

On this page

  • Keeping everyone safe
  • Changes to lodging applications
  • Changes to how we’re dealing with cases
  • Workplace entitlements & obligations during COVID-19
  • JobKeeper disputes
  • JobMaker hiring credit
  • Find out more

 

Keeping everyone safe

The Fair Work Commission’s ongoing focus is to ensure a safe environment for our clients and staff so we can continue to deliver services to the community.

Our counters are closed, but we’re still operating.

Please do not attend our offices unless a Commission Member specifically requests you to. Please do not attend our offices if you are feeling sick. Even if you have mild symptoms please stay at home.

We continue to closely monitor the Australian Department of Health advice and will provide updates as new information emerges.

Changes to lodging applications

Our counters are closed. This means that you can’t lodge your application at the Commission in person.

You can:

  • use our online lodgment service or
  • download an application form and send your completed documents by email or fax to your nearest Commission office.

Australia Post is experiencing delays because of COVID-19. If you can’t lodge electronically and you need to post your application, make sure you allow extra time for postal services. Time limits for applications still apply.

If you’re having trouble lodging an application, please call us on 1300 799 675.

Urgent applications

Please send urgent applications to COVID19Applications@fwc.gov.au.

This includes applications to vary enterprise agreements or other instruments to deal with the consequences of COVID-19.

Changes to how we’re dealing with cases

Your case may take longer than normal to process

We are doing our best to deal with all cases as quickly as possible.

Like most businesses and organisations, we have also been affected by the current situation.

This means that things are likely to take longer than normal. You may need to wait longer on the phone to speak to us and it may take longer for us to reply to emails.

Conciliation & mediation to be held by phone

Some cases, such as unfair dismissal and workplace bullying cases, start with a conciliation or mediation with a Fair Work Commission staff member.

All staff conciliations and mediations will now be held by phone conference until further notice.

This means you can take part from home. You don’t need to come to our offices. If you have a representative, they can join the conference call from their office or home too.

Hearings & conferences to be held by phone or videoconference

We will now hold hearings and conferences by phone or videoconference where possible. Check your notice of listing to find out how your hearing or conference will be held.

In some circumstances it will be appropriate and necessary to hold a hearing face-to-face. This will happen more often as restrictions begin to ease. If you attend a hearing in our Melbourne office, you should wear a mask at all times, except when speaking during proceedings.

Read our face-to-face hearings frequently asked questions (PDF) to find out more.

Some cases will be dealt with on the papers

We may decide to deal with your case ‘on the papers’. This means a Commission Member will deal with your case using the written materials you and the other parties have lodged. If this happens, we will not need verbal submissions or evidence.

If we decide to deal with your case in this way, the Commission Member will give you Directions. Directions are instructions that set out what submissions and evidence you need to lodge in order that the Commission Member can make a decision about your case.

We will contact you if we decide to deal with your case on the papers.

Submissions & evidence to be lodged electronically

Please lodge your submissions and evidence (such as witness statements) electronically.

Email them to the chambers email listed on the notice of listing for your hearing or conference.

If you have any questions, please contact us. You’ll find contact details on the notice of listing for your hearing or conference.

Some statutory declaration requirements have changed

We have changed the requirements for statutory declarations for some applications.

Applications for WHS entry permits: These applications still require statutory declarations. This requirement comes from the Work, Health and Safety Act 2011 which has not changed.

Other applications: You no longer need to lodge statutory declarations for other applications. Instead, you are required to lodge a signed, but not witnessed, declaration.

Read more about these changes to the Fair Work Commission Rules 2013.

Appeal books to be lodged electronically

Please lodge your appeal book electronically. Email it to your nearest Commission office. Attachments should be no more than 10MB per email.

Read about appealing a decision or order and our appeal proceedings practice note to find out more.

Some cases will be postponed

We are working to ensure that as many cases as possible can proceed.

However, some cases are not suitable to be held by phone, videoconference or on the papers. These cases will be postponed until it is safe to hold proceedings in person.

Workplace entitlements & obligations during COVID-19

The Fair Work Ombudsman has information about Coronavirus and Australian workplace laws.

They offer advice about workplace entitlements and obligations during COVID-19, including:

  • the Fair Work Act changes for JobKeeper payments
  • stand downs from work
  • working arrangements impacted by school closures
  • pay and sick leave entitlements, and
  • other rights and responsibilities at work during the coronavirus pandemic.

JobKeeper disputes

You can find information about the JobKeeper scheme on this website, including our role in dealing with JobKeeper disputes.

JobMaker hiring credit

The JobMaker hiring credit is an incentive provided to businesses when they create an additional job and hire an eligible young person, aged 16 to 35 years old, for that job.

The JobMaker scheme will be administered by the Australian Taxation Office.

You can find information about the JobMaker scheme in the JobMaker fact sheet or by visiting the Treasury website.

Find out more

COVID-19 updates & announcements

Read our COVID-19 updates and subscribe to our Announcements service to stay informed.

How COVID-19 is impacting some case types

The current situation is having an impact on a range of case types at the Commission, including:

  • Annual wage reviews
  • Anti-bullying
  • Award reviews
  • Award flexibility during the pandemic
  • Enterprise agreements
  • General protections (dismissal)
  • General protections (unlawful actions)
  • Protected action ballots
  • Unfair dismissal

Government updates

Visit www.aus.gov.au for the latest COVID-19 news, updates and advice from government agencies across Australia.

Still need help?

Phone 1300 799 675 or email your nearest Commission office if you have any other questions about how COVID-19 is affecting our operations.

Updated time

Last updated

17 November 2020

 

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Coronavirus (COVID-19) information