Appendix D: Tables and figures reference data

Table D1: Unfair dismissal—conciliation outcomes
Outcome 2017-18 2016-17 2015-16 2014-15
Matters settled 8,285 8,880 8,529 8,688
Settlement—monetary items without reinstatement 1,404 1,660 1,712 1,750
Settlement—monetary and non-monetary items without reinstatement 5,171 5,511 5,122 5,147
Settlement—non-monetary items without reinstatement 1,650 1,627 1,624 1,820
Settlement—reinstatement 35 42 35 47
Settlement—reinstatement and monetary items 12 23 17 15
Settlement—reinstatement and non-monetary items 8 13 11 4
Settlement—reinstatement, monetary and non-monetary items 5 4 8 5
Matters not settled 2,206 2,280 2,321 2,337
Total 10,491 11,160 10,850 11,125
Table D2: Unfair dismissal—conciliation outcomes, monetary payment
  No. of matters Percentage of settlements involving monetary payment
Range ($) 2017–18 2016–17 2015–16 2014–15 2017–18 2016–17 2015–16 2014–15
0–999 510 553 539 526 8 8 8 8
1,000–1,999 935 1,002 922 1,038 14 14 13 15
2,000–3,999 1,683 1,893 1,866 1,806 26 26 27 26
4,000–5,999 1,206 1,344 1,288 1,338 18 19 19 19
6,000–7,999 760 790 717 739 12 11 10 11
8,000–9,999 418 474 447 438 6 7 7 6
10,000–14,999 606 643 608 565 9 9 9 8
15,000–19,999 219 251 236 227 3 3 3 3
20,000–29,999 168 163 153 163 3 2 2 2
30,000–39,999 48 49 57 48 1 1 1 1
40,000–maximum amount1 39 32 26 29 1 <1 <1 <1
Total 6,592 7,194 6,859 6,917 100 100 100 100

1 A maximum of the monetary value of six months’ salary by way of compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.

Table D3: Unfair dismissal—conciliation matters, size of employer
  No. of matters Percentage of conciliations
Number of employees 1 2017–18 2016–17 2015–16 2014–15 2017–18 2016–17 2015–16 2014–15
1–14 2,098 2,184 2,000 2,059 20 20 18 19
15–99 2,830 3,100 3,065 3,152 27 28 28 28
>100 5,008 5,307 5,204 5,272 48 48 48 47
Unknown 1 1 7 4 4 <1 <1 <1 <1
In dispute 554 563 577 638 5 5 5 6
Total 10,491 11,161 10,850 11,125 100 100 100 100

1 Based on information from respondents, where provided.

Table D4: Unfair dismissal—employer objections
Outcome 2017–18 2016–17 2015–16 2014–15
Employer’s objection upheld 195 401 769 890
Employee was not dismissed 35 39 52 46
Employer not national system employer 1 5 8 13
Frivolous, vexatious 0 1 0 0
Genuine redundancy 14 22 49 83
Irregular and/or casual employee 1 4 0 3
Minimum period of employment not served 37 126 99 109
Multiple applications 0 2 0 2
No award, agreement or high-income employee 10 15 18 34
No employment relationship 5 7 13 19
No extension of time—up to and including 7 days late 26 61 153 180
No extension of time—more than 7 days late 54 115 342 368
No reasonable prospect of success 6 3 6 5
Termination consistent with Small Business Fair Dismissal Code 10 7 16 12
Unknown 4 5 24 33
Employer’s objection dismissed 73 114 265 266
Employee was dismissed 4 11 13 25
Application within time 16 21 30 20
Award, agreement and/or not high-income employee 7 7 13 10
Employment relationship 3 2 5 8
Extension of time—up to and including 7 days 16 25 106 82
Extension of time—more than 7 days 7 17 50 72
Minimum period of employment served 15 16 33 28
National system employer 0 1 0 3
No genuine redundancy 3 11 8 15
No multiple applications 0 0 0 0
Not frivolous, vexatious 0 0 2 0
Not irregular casual employee 5 4 3 2
Reasonable prospect of success 1 2 1 5
Termination inconsistent with Small Business Fair Dismissal Code 2 1 5 5
Unknown 2 6 6 7
Total 268 515 1,034 1,156

Note: An application may be found in or out of jurisdiction on more than one ground. Accordingly, the results are not cumulative.

Table D5: Unfair dismissal—applications dismissed under s.399A and s.587 of the Fair Work Act
Outcome 2017–18 2016–17 2015–16 2014–15
Dismissed (s.587) 155 112 125 77
Dismissed by panel head (s.587) 70 120 112 107
Failure to attend 0 1 1 0
Incomplete application 9 32 21 12
Minimum employment period not met 28 34 40 52
No notice of discontinuance filed after settlement 1 2 8 0
No reasonable prospect of success 23 17 12 7
Non-compliance with directions 0 3 3 4
Premature application 0 0 0 0
Unpaid application 35 56 42 38
Verbal or written advice of discontinuance 0 0 0 0
Application to dismiss granted (s.399A) 96 88 125 104
Total 321 320 362 288

Note: An application can have multiple reasons why it was dismissed by a panel head. Accordingly, the results are not cumulative. The Commission will determine the merits of an unfair dismissal application where it has not been resolved by the parties through conciliation (or otherwise withdrawn by the applicant) or dismissed by a Commission Member on jurisdictional or other grounds.

Table D6: Unfair dismissal—arbitration outcomes
Outcome 2017–18 2016–17 2015–16 2014–15
Application dismissed—dismissal was fair 104 125 130 161
Application granted—no remedy granted 7 6 7 10
Application granted—monetary 110 135 135 141
Application granted—reinstatement 6 10 12 12
Application granted—reinstatement and lost remuneration 17 15 18 15
Application granted—remedy to be determined 19 16 24 10
Total 263 307 326 349
Table D7: Unfair dismissal—arbitration outcomes, application granted with compensation
Result ($) 2017–18 2016–17 2015–16 2014–15
0–999 8 2 5 3
1,000–1,999 5 12 10 15
2,000–3,999 17 27 18 17
4,000–5,999 15 20 16 21
6,000–7,999 17 12 14 15
8,000–9,999 13 9 11 10
10,000–14,999 9 14 21 20
15,000–19,999 8 17 13 14
20,000–29,999 6 13 15 15
30,000–39,999 3 4 6 5
40,000–maximum amount 1 3 3 4 2
No loss of wages 0 0 0 1
Unknown 2 6 2 2 3
Total 110 135 135 141

1 A maximum of six months compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.

2 Unknown as administrative data is incomplete.

Table D8: Unfair dismissal—arbitration outcomes, median compensation
Median compensation 2017–18 2016–17
Amount $6,971 $7.196
Equivalent number of weeks’ pay 4.3 8

Note: Median outcomes reflect the remedies ordered by the Commission, which are expressed as a dollar amount and as the equivalent number of weeks’ pay of the applicant. Data is only available for 2016–17 and 2017–18.

Table D9: Unfair dismissal—arbitration outcomes, application granted with reinstatement and lost remuneration
Result ($) 2017–18 2016–17 2015–16 2014–15
0–999 0 0 0 0
1,000–1,999 0 0 0 1
2,000–3,999 0 0 2 1
4,000–5,999 2 0 1 1
6,000–7,999 0 1 2 1
8,000–9,999 0 1 1 0
10,000–14,999 7 2 0 2
15,000–19,999 0 2 2 1
20,000–29,999 0 1 1 2
30,000–39,999 2 0 2 1
40,000–maximum amount 1 5 1 2 0
No loss of wages 1 2 2 2
Unknown 2 0 5 3 3
Total 17 15 18 15

1 A maximum of six months’ compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.

2 Unknown as administrative data is incomplete.

Table D10: General protections disputes involving dismissal—conciliation outcomes involving monetary payment
  No. of matters Percentage of settlements involving monetary payment
Range ($) 2017–18 2016–17 2015–16 2014–15 2017–18 2016–17 2015–16 2014–15
0–999 181 146 117 138 9 9 10 13
1,000–1,999 250 190 178 163 13 12 15 16
2,000–3,999 388 323 224 192 20 21 19 18
4,000–5,999 278 229 180 141 15 15 15 13
6,000–7,999 152 128 91 66 8 8 8 6
8,000–9,999 96 69 52 34 5 4 4 3
10,000–14,999 180 147 108 80 9 10 9 8
15,000–19,999 95 81 54 34 5 5 5 3
20,000–29,999 78 64 45 38 4 4 4 4
30,000–39,999 29 29 26 24 2 2 2 2
40,000–49,999 17 9 16 13 1 1 1 1
50,000–59,999 18 5 7 7 1 <1 1 1
60,000–69,999 8 12 7 6 <1 1 1 1
70,000–79,999 5 7 6 6 <1 <1 1 1
80,000–89,999 2 8 4 2 <1 1 0 <1
90,000–99,999 2 1 6 2 <1 <1 1 <1
100,000 + 13 9 13 6 1 1 1 1
Unknown 114 83 56 99 6 5 5 9
Total 1,906 1,540 1,190 1,051 100 100 100 100
Table D11: General protections disputes involving dismissal—lodgment of applications for consent arbitration
Matter type 2017–18 2016–17 2015–16 2014–15
FWA s.365—General protections disputes involving dismissal—consent arbitration 18 23 18 16

FWA = Fair Work Act

Table D12: Anti-bullying—applications finalised by decision
Outcome 2017–18 2016–17 2015–16 2014–15
Matter finalised by administrative dismissal 34 41 28 47
Matter finalised at jurisdiction 3 6 3 2
Substantive application granted 8 3 12 1
Substantive application dismissed 8 10 14 10
Total 53 60 57 60
Table D13: Annual wage review—timeliness
Target 2017–18 2016–17 2015–16 2014–15
30 June 1 June 2018 6 June 2017 31 May 2016 2 June 2015
Table D14: Decisions and orders published
  2017–18 2016–17 2015–16 2014–15
Decisions and orders published 9,717 11,103 12,140 12,440
Table D15: Hearings and conferences conducted by Members, by location or method
Location or method 2017–18 2016–17 2015–16 2014–15
Adelaide 240 225 261 312
Brisbane 647 866 894 1,145
Canberra 101 120 117 124
Darwin 35 18 47 38
Hobart 58 47 70 103
Melbourne 1,989 2,080 2,228 3,479
Newcastle 93 137 95 154
Perth 522 618 683 627
Sydney 1,277 1,516 1,817 2,650
Wollongong 0 0 115 216
Other places 294 337 254 244
In chambers 2,316 5,543 5,662 5,690
Telephone 2,839 3,372 3,208 3,809
Video 785 925 1,232 1,331
Total 11,196 15,804 16,683 19,922
Table D16: Applications lodged, by matter type
Matter type 2017–18
Fair Work Act 2009 30,682
s.113(6)—Application for an order that terms of prior long service leave instrument are applicable 1
s.120—Application to vary redundancy pay for other employment or incapacity to pay 136
s.156—4 yearly review of modern awards 18
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 4
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error 4
s.182(4)—Application for approval of a greenfields agreement 1
s.185—Application for approval of a greenfields agreement 149
s.185—Application for approval of a multi-enterprise agreement 36
s.185—Application for approval of a single-enterprise agreement 5,102
s.210—Application for approval of a variation of an enterprise agreement 564
s.217—Application to vary an agreement to remove an ambiguity or uncertainty 38
s.217A—Application to deal with a dispute about variations 1
s.222—Application for approval of a termination of an enterprise agreement 130
s.225—Application for termination of an enterprise agreement after its nominal expiry date 388
s.229—Application for a bargaining order 61
s.236—Application for a majority support determination 91
s.238—Application for a scope order 14
s.240—Application to deal with a bargaining dispute 171
s.248—Application for a single interest employer authorisation 11
s.252—Application to extend single interest employer authorisation 1
s.260—Application for special low-paid workplace determination 1
s.266—Industrial action related workplace determination 1
s.285—Annual wage review 1
s.302—Application for an equal remuneration order 7
s.318—Application for an order relating to instruments covering new employer and transferring employees 62
s.318—Application for an order relating to instruments covering new employer and transferring employees in agreements 6
s.319—Application for an order relating to instruments covering new employer and non-transferring employees 28
s.320—Application to vary a transferable instrument—agreement 2
s.365—Application to deal with contraventions involving dismissal 4,117
s.365—Application to deal with contraventions involving dismissal (consent arbitration) 18
s.372—Application to deal with other contravention disputes 902
s.394—Application for unfair dismissal remedy 13,595
s.401—Application for costs orders against lawyers and paid agents 3
s.402—Application for costs orders against lawyers and paid agents under s.401 1
s.418—Application for an order that industrial action by employees or employers stop etc. 56
s.423—Application to suspend or terminate protected industrial action—significant economic harm etc 1
s.424—Application to suspend or terminate protected industrial action—endangering life etc. 9
s.425—Application to suspend protected industrial action—cooling off 4
s.426—Application to suspend protected industrial action—significant harm to a third party 2
s.428—Application to extend a period of suspension 1
s.437—Application for a protected action ballot order 602
s.447—Application for variation of protected action ballot order 27
s.448—Application for revocation of protected action ballot order 54
s.459—Application to extend the 30-day period in which industrial action is authorised by protected action ballot 135
s.472—Application for an order relating to certain partial work bans 4
s.483AA—Application for an order to access non-member records 11
s.505—Application to deal with a right of entry dispute 42
s.512—Application for a right of entry permit 1,350
s.516—Application to extend entry permit 22
s.520—Application for an affected member certificate 1
s.526—Application to deal with a dispute involving stand down 9
s.531—Application for an order where failure to notify or consult registered employee associations about dismissals 5
s.533—Application for an FWC order 1
s.576(2)(aa)—Promoting cooperative and productive workplace relations and preventing disputes 27
s.576(2)(ca)—Proceeding referred to FWC for mediation 5
s.589—Application for procedural and interim decision 2
s.602—Application to correct obvious error(s) etc. in relation to FWC’s decision 4
s.603—Application to vary or revoke a FWC decision 6
s.604—Appeal of decisions 190
s.611—Application for costs 2
s.739—Application to deal with a dispute 1,576
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 4
s.768BB—Application for an order about coverage for employee organisations under a state instrument 11
s.773—Application to deal with an unlawful termination dispute 90
s.786—Application for an order re failure to notify or consult registered employee associations about terminations 1
s.789FC—Application for an order to stop bullying 721
Fair Work (Registered Organisations) Act 2009 163
Chapt. 11 Pt 4A—Protected Disclosure direct to FWC 1
Education activities—FWC 2
Request for advice and assistance—FWC 60
s.13(1)(b)—Advice and assistance to organisations 5
s.137A—Orders about representation rights of organisations of employees 1
s.152(2)—Assets and liabilities agreement with state-registered union 2
s.158(1)—Application for alteration of eligibility rules 3
s.158A—Application to GM for alteration of eligibility rules 1
s.159(1)—Notification of alterations of other rules 83
s.18(a)—Application for registration by an association of employers 1
s.180—Conscientious objection to membership of organisations 2
s.30(1)(a)—Application by organisation for cancellation of registration 2
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 566
Sch. 1, Cl. 6(3) RO Act—Application for an extension by a transitionally recognised association 7
Sch. 3, Item 10—Application to vary transitional instrument to remove ambiguity—agreement 2
Sch. 3, Item 15—Application by agreement to terminate collective agreement-based transitional instrument 11
Sch. 3, Item 16—Application to terminate collective agreement-based transitional instrument 158
Sch. 3, Item 17—Application by agreement to terminate individual agreement-based transitional instrument 286
Sch. 3, Item 19—Declaration for unilateral termination with FWC approval to terminate individual agreement 99
Sch. 3A, Item 23—Termination by the FWC of Collective Division 2B state employment agreement 3
Work Health and Safety Act 2011 41
s.131—Application for a work health and safety entry permit 41
Workplace Relations Act 1996 7
s.170LW—pre-reform Act—Application for settlement of dispute (certified agreement) 3
s.709—Application to FWC to have a dispute resolution process conducted (Div 5) 4
Administrative 95
Request for a Board of Reference 91
Rule 7 (FWC)—Directions on Procedure 4
Grand Total 31,554

FWC = Fair Work Commission, GM = General Manager