Fair Work Commission

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.

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.

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.

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.

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.

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.

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.

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.