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Appendix G: Lodgment and case load statistics

Table G1: Applications lodged, hearings and conferences, decisions and orders published
Year Applications
lodged		 Hearings and conferences Decisions and
orders published
2011–12 37,442 18,709 13,846
2012–13 36,616 18,991 11,673
2013–14 37,066 19,620 13,302
2014–15 34,152 19,922 12,440
Table G2: Website visits
  Visits Desktop visits Mobile visits Tablet visits
2009–10 2,016,210 2,005,862 9720  
2010–11 3,028,646 2,962,504 66,770  
2011–12 3,688,946 3,438,393 191,246 59,354
2012–13 3,624,414 3,182,782 282,284 159,674
2013–14 3,259,939 2,738,747 328,958 192,234
2014–15 3,766,398 2,995,074 542,734 228,590
Table G3: Cases by matter type
Matter Cases lodged Timeliness1
Type Section of Fair Work Act (or other legislation in brackets) 2011–12 2012–13 2013–14 2014–15 % change Median days 90th percentile
Agreements s.185 8565 7087 6754 5922 -12.3 21 56
Orders relating to good faith bargaining ss.229, 236, 238, 240, 242 and 248 530 406 422 476 12.8 12 34
Dispute resolution ss.372, 526, and 739 (ss.699, 709 of the Workplace Relations Act 1996) 2627 2901 3295 3054 -7.3 20 48
Orders relating to industrial action ss.418, 419, 423, 424, 425, 426, 437, 447, 448, 459 and 472 1446 1271 989 955 -3.4 3 7
General protections involving dismissal s.365 2162 2429 2879 3382 17.5 31 62
Unfair dismissal applications s.394 14,027 14,818 14,796 14,624 -1.2 28 42
Appeals s.604 (s.120 of the Workplace Relations Act 1996) 184 143 214 336 57.0 82 160
Applications to terminate individual agreement- based transitional instruments (Sch. 3, Item 17, Sch 3, Item 18 and Sch 3, Item 19 of the Transitional Provisions Act) 3486 3173 2841 767 -73.0 9 36
Registered organisations (various sections of the Registered Organisations Act and the RAO Schedule of the Workplace Relations Act) 1102 1288 1381 1120 -18.9 – –
Other matters All other applications that have been lodged with the Commission during this reporting period 3313 3100 3495 3516 0.6 – –
Total   37,442 36,616 37,066 34,152 -7.9 – –
  1. Timeliness is measured as lodgment to first hearing for all matters except agreements, appeals and applications to terminate individual agreement-based transitional instruments, which are measured as median days from lodgment to finalisation.
Table G4: Nature of proceedings
Matter No.
Fair Work Act 2009 32,047
Application for order under an enterprise agreement 1
s.120 – Application to vary redundancy pay for other employment or incapacity to pay 152
s.122 – Transfer of employment situations that affect the obligation to pay redundancy pay 2
s.156 – 4 yearly review of modern awards 116
s.157 – FWC may vary etc. modern awards if necessary to achieve modern awards objective 1
s.158 – Application to vary or revoke a modern award 2
s.160 – Application to vary a modern award to remove ambiguity or uncertainty or correct error 2
s.185 – Application for approval of a greenfields agreement 407
s.185 – Application for approval of a multi-enterprise agreement 66
s.185 – Application for approval of a single-enterprise agreement 5449
s.210 – Application for approval of a variation of an enterprise agreement 208
s.217 – Application to vary an agreement to remove an ambiguity or uncertainty 38
s.222 – Application for approval of a termination of an enterprise agreement 91
s.225 – Application for termination of an enterprise agreement after its nominal expiry date 161
s.229 – Application for a bargaining order 87
s.236 – Application for a majority support determination 96
s.238 – Application for a scope order 12
s.240 – Application to deal with a bargaining dispute 270
s.248 – Application for a single interest employer authorisation 11
s.252 – Application to extend single interest employer authorisation 3
s.266 – Industrial action related workplace determination 2
s.285 – Annual wage review 1
s.302 – Application for an equal remuneration order 1
s.318 – Application for an order relating to instruments covering new employer and transferring employees 81
s.319 – Application for an order relating to instruments covering new employer and non-transferring employees 51
s.320 – Application to vary a transferable instrument – agreement 1
s.365 – Application to deal with contraventions involving dismissal 3382
s.365 – Application to deal with contraventions involving dismissal (consent arbitration) 16
s.372 – Application to deal with other contravention disputes 879
s.394 – Application for unfair dismissal remedy 14,624
s.401 – Application for costs orders against lawyers and paid agents 2
s.402 – Application for costs under s.611 2
s.418 – Application for an order that industrial action by employees or employers stop etc. 107
s.424 – Application to suspend or terminate protected industrial action – endangering life etc. 16
s.426 – Application to suspend protected industrial action – significant harm to a third party 1
s.437 – Application for a protected action ballot order 641
s.447 – Application for variation of protected action ballot order 6
s.448 – Application for revocation of protected action ballot order 44
s.459 – Application to extend the 30-day period in which industrial action is authorised by protected action ballot 133
s.472 – Application for an order relating to certain partial work bans 7
s.483AA – Application for an order to access non-member records 8
s.505 – Application to deal with a right of entry dispute 69
s.507 – Application for action to be taken against permit holder 1
s.508 – Application to restrict rights if organisation or official has misused permit rights 2
s.510 – Upon referral, revoke or suspend an entry permit 12
s.512 – Application for a right of entry permit 1481
s.516 – Application to extend entry permit 3
s.519 – Application for an exemption certificate 1
s.526 – Application to deal with a dispute involving stand down 17
s.533 – Application for an FWC Order 4
s.576(2)(aa) – Promoting cooperative and productive workplace relations and preventing disputes 7
s.576(2)(ca) – Proceeding referred to FWC for mediation 1
s.589 – Application for procedural and interim decision 2
s.590 – Application 1
s.603 – Application to vary or revoke a FWC decision 2
s.604 – Appeal of decisions 336
s.739 – Application to deal with a dispute 2078
s.739 – Application to deal with a dispute in relation to flexible working arrangements 41
s.768BA – Application for an order about coverage for transferring employees under a state instrument 1
s.773 – Application to deal with an unlawful termination dispute 114
s.789FC – Application for an order to stop bullying 694
Fair Work (Registered Organisations) Act 2009 1101
Query – Registered Organisations 9
s.13(1)(b) RO Act – Advice and assistance to organisations 180
s.137A RO Act – Orders about representation rights of organisations of employees 3
s.144(6)(b) RO Act – Application by General Manager on own motion to revoke postal ballot exemption 2
s.151(1) RO Act – Membership Agreement with State Registered Union 1
s.154C RO Act – Approved training 4
s.158(1) RO Act – Application for alteration of eligibility rules 10
s.159(1) RO Act – Notification of alterations of other rules 85
s.159(1) RO Act – Notification of alterations required under RO Amendment Act 9
s.18(a) RO Act – Application for registration by an association of employers 3
s.18(b) RO Act – Application for registration by an association of employees 2
s.180 RO Act – Conscientious objection to membership of organisations 1
s.186(2)(b) RO Act – Application by General Manager on own motion to revoke exemption to conduct elections 6
s.189(1) RO Act – Notification of elections for office 185
s.189(1) RO Act – Notification of elections for office – casual vacancy or insufficient nominations 53
s.207 RO Act – Election arrangements made under Court Order 1
s.233(1) RO Act – Annual obligation to lodge information 113
s.235(1) RO Act – Authority to access certain records 1
s.237 RO Act – LGD statement 19
s.246(1) RO Act – Application for determination of reporting units 1
s.26(6) RO Act – Application to issue a copy of or certificate replacing the certificate of registration 1
s.268 RO Act – Lodgment of financial report 398
s.30(1)(a) RO Act – Application by organisation for cancellation of registration 6
s.330 RO Act – General Manager makes inquiries 3
s.331 RO Act – General Manager conducts investigation 1
s.336(1A) RO Act – 12 month review 4
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 842
Sch. 3, Item 10 – Application to vary transitional instrument to remove ambiguity – agreement 4
Sch. 3, Item 15 – Application by agreement to terminate collective agreement-based transitional instrument 18
Sch. 3, Item 16 – Application to terminate collective agreement-based transitional instrument 48
Sch. 3, Item 17 – Application by agreement to terminate individual agreement-based transitional instrument 489
Sch. 3, Item 19 – Declaration for unilateral termination with FWC approval to terminate individual agreement 278
Sch. 5, Item 13B – Orders remedying reductions in take–home pay 1
Sch. 5, Item 9 – Application for an order remedying reduction in take-home pay resulting from a modern award 4
Work Health and Safety Act 2011 44
s.131 WHS Act – Application for a WHS entry permit 44
Workplace Relations Act 1996 70
Coal Mining Industry Long Service Leave 1
s.170LW – Pre-reform Act – application for settlement of dispute (certified agreement) 11
s.233(1) RAO Schedule – Annual obligation to lodge information 11
s.268 RAO Schedule – Lodgment of financial report 8
s.699 – Application to FWC to have a dispute resolution process conducted (Div 3) 2
s.709 – Application to FWC to have a dispute resolution process conducted (Div 5) 37
Administrative 48
Award grievance procedure 1
Request for a Board of Reference 47
Total 34,152
Table G5: Unfair dismissal – finalised after conciliation
Stage of proceeding No. of matters
  2012–13 2013–14 2014–15
Matters finalised after conciliation and before formal proceedings before a Commission Member 2093 2475 2654
Matters withdrawn after conference/hearing and before decision/order 49 41 52
Matters finalised by administrative dismissal N/A 459 288
Matters finalised at jurisdiction 258 374 890
Matters finalised at arbitration 402 367 349
Total matters finalised after conciliation 2802 3716 4233
Table G6: Unfair dismissal – finalisation
Claims settled, withdrawn or determined No. of matters
  2012–13 2013–14 2014–15
Prior to conciliation 2300 2273 2156
At conciliation 8843 8659 8788
After conciliation and before a conference/hearing before a Fair Work Commission Member 2093 2475 2654
Withdrawn after conference/hearing and before decision/order 49 41 52
By final decision/order 660 1200 1527
Total 13,945 14,648 15,177
Table G7: Unfair dismissal, conciliation – size of employer
No. of employees No. of matters % of conciliations
  2012–13 2013–14 2014–15 2012–13 2013–14 2014–15
1–14 2131 2006 2059 19.6 18.3 18.5
15–99 3057 3020 3152 28.0 27.5 28.3
>100 4741 5145 5272 43.6 46.9 47.5
Unknown1 7 5 4 0.1 0.0 0.0
No. of employees in dispute 950 796 638 8.7 7.3 5.7
Total Australia-wide 10,886 10,972 11,125 100 100 100
  1. Information not collected.
Table G8: Source data for Figure 11 – General protections disputes involving dismissal – lodgments – monthly comparison
General protections disputes
Year Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
2014–15 279 309 290 294 292 338 192 286 307 296 270 229 3382
2013–14 240 238 214 222 254 257 182 218 273 259 242 280 2879
2012–13 194 182 166 175 200 189 210 285 250 156 226 196 2429
2011–12 176 178 173 166 172 187 156 202 204 159 224 167 2164
Table G9: Source data for Figure 12 – Unfair dismissal applications lodged – monthly comparison
Reporting
period		 Total Average Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
2014–15 14,624 1219 1291 1162 1220 1197 1131 1284 942 1240 1441 1211 1191 1314
2013–14 14,797 1233 1475 1307 1260 1185 1209 1374 956 1237 1316 1222 1112 1144
2012–13 14,818 1235 1233 1234 1055 1226 1259 1394 879 1258 1369 1346 1375 1190
2011–12 14,027 1169 1129 1173 1150 1065 1143 1297 908 1241 1427 1108 1284 1102
2010–11 12,840 1070 1087 1060 983 926 1022 1224 791 1127 1313 1047 1043 1217
2009–10 11,114 926 602 753 958 927 902 1072 697 1013 1236 956 997 1001
Table G10: Registered organisations – clearance rate of rules and advices
Matter type 2010–11 2011–12 2012–13 2013–14 2014–15
  Lodged Closed Lodged Closed Lodged Closed Lodged Closed Lodged Closed
s.13(1)(b) 116 117 166 161 188 163 178 168 180 198
s.159 89 83 68 69 70 59 100 91 85 132
RO Amends 0 0 0 0 53 5 88 107 15 58
Total 205 200 234 230 311 227 366 366 280 388
Clearance rate   -5   -4   -84   0   108
Table G11: Registered organisations – clearance rate of Financial Returns
Matter type 2010–11 2011–12 2012–13 2013–14 2014–15
Lodged 411 416 424 368 403
Closed 431 408 295 572 501
Clearance rate 20 -8 -129 204 98
Table G12: Registered organisations – clearance rate of Annual Returns
  2010–11 2011–12 2012–13 2013–14 2014–15
Lodged 232 226 224 174 124
Closed 232 224 208 261 240
Clearance rate 0 -2 -16 87 116
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