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Research
Table of contents
adjournment
To end proceedings or to suspend them to another time or place.
appeal
To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.
bullying at work
Bullying at work, as defined by the Fair Work Act 2009, occurs when:
- a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work, and
- the behaviour creates a risk to health and safety.
Bullying does not include reasonable management action carried out in a reasonable manner.
bullying policy
A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.
code of conduct
A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.
Commission
Abbreviation for Fair Work Commission.
Commonwealth
Refers to the Commonwealth government or an Australian territory.
conference
A private proceeding conducted by a Fair Work Commission Member.
constitutionally covered business
A constitutionally covered business is:
- a proprietary limited company
- a foreign corporation
- a trading or financial corporation formed within the limits of the Commonwealth
- the Commonwealth
- the Commonwealth authority
- a body corporate incorporated in a territory
- a business or organisation conducted principally in a territory or Commonwealth place.
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
decision
A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.
directions
Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.
evidence
Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.
Fair Work Act 2009
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
Fair Work Commission
Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.
Full Bench
A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.
harassment
Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.
hearing
A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.
jurisdiction
The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.
jurisdictional objection
An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.
matter
A case or legal proceeding before the Commission.
mediation
An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.
Member
A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.
non-constitutional corporation
An entity that is not a constitutional corporation. The following are not constitutional corporations:
- sole traders
- partnerships
- some state government bodies
- corporations whose activities do not include significant trading or financial functions (e.g. some charities).
order
An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.
outcome
The end result of an application made to the Commission.
outline of submissions
A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.
partnership
An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.
party
A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.
principal
A person or business that has entered into a contract for services with an independent contractor.
private enterprise
A business owned and operated by private individuals for profit, instead of by a government or its agencies.
procedural fairness
When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.
pty ltd
A proprietary limited company. A constitutionally covered business.
reasonable management action
In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.
Reasonable management action may include:
- performance management processes
- disciplinary action for misconduct
- informing a worker about unsatisfactory work performance or inappropriate work behaviour
- asking a worker to perform reasonable duties in keeping with their job, and
- maintaining reasonable workplace goals and standards.
In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.
Rules
service/to serve
A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.
sole trader
An organisation in which one person is responsible for the business.
WHS
Abbreviation for work health and safety.
WHS state or territory regulator
A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.
witness statement
A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.
worker
In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:
- an employee
- a contractor or subcontractor
- a person employed by a labour hire company who is working at a particular business or organisation
- an outworker
- an apprentice or a trainee
- a work experience student
- a volunteer.
Only people who are considered to be workers may apply for an order to stop bullying at work.
workplace
A place where a person performs work.
workplace bullying
See bullying at work.
Overview
Fair Work Commission staff may conduct or commission research as part of the annual wage review. The research program for the Annual Wage Review 2017–18 was finalised in a Statement on 21 August 2017 following an invitation to interested parties to submit proposals and comment on the draft research program.
This page will be updated throughout the review.
In undertaking the research program, a Minimum Wages Research Group is consulted comprising representatives nominated by:
- Australian Chamber of Commerce and Industry (ACCI)
- Australian Industry Group (Ai Group)
- Australian Council of Social Service (ACOSS)
- Australian Council of Trade Unions (ACTU)
- Australian Government
- state and territory governments.
Budget standards research
In response to the Statement issued by the Expert Panel for annual wage reviews on 20 September 2017, the Commission invited interested parties to attend a presentation by Professor Peter Saunders and Megan Bedford on their budget standards research published in August 2017. The presentation was held on 27 November 2017 and was recorded. A video recording, PowerPoint slides and a transcript of the presentation are now available.
Research published for the 2017–18 Review
In addition to research projects, a Statistical report and Research reference list are also published for annual wage reviews. This material will be updated throughout the 2017–18 Review.
Overview of research (PDF)
Rob Bray (Australian National University)
This paper summarises the scope and findings of each research report listed below and also provides a discussion of the Research reference list and Statistical report.
Employee and employer characteristics and collective agreement coverage (PDF)
Stage 2: research following the publication of 'Explaining recent trends in collective bargaining'
David Peetz (Griffith University) and Serena Yu (University of Technology Sydney)
This research presents analysis of data from the Survey of Employee Earnings and Hours (EEH) confidentialised unit record file for 2016.
The characteristics of the underemployed and unemployed (PDF)
Part I: David Rozenbes and Samantha Farmakis-Gamboni (Fair Work Commission)
Part II: Mark Wooden and Inga Lass (Melbourne Institute of Applied Economic and Social Research)
As foreshadowed in the medium-term research program, this project tracks the changes over time in the extent of underemployment for those who are employed part-time, and its relation with unemployment. It compares and analyses the characteristics of persons who are underemployed with persons unemployed, including over time. The characteristics considered include gender, age, student status, location, industry and occupation. For underemployed workers, the characteristics for analysis would also include method of setting pay, hours worked and work schedules. The report also provides information on the duration of underemployment and mobility to alternative employment states.
Characteristics of workers earning the national minimum wage rate and of the low paid (PDF)
Kelvin Yuen, Grant Ellis and Lucy Nelms (Fair Work Commission)
This project provides a descriptive analysis that examines the labour market and personal characteristics of those earning around the national minimum wage using the Survey of Employee Earnings and Hours. The Household, Income and Labour Dynamics in Australia Survey is used to analyse the characteristics of the low paid.
Part I: Methods and limitations to undertaking analysis of the employment effects of minimum wage increases (PDF)
Jeff Borland, University of Melbourne
This discussion paper considers methods and limitations in undertaking research in this area and comprises two parts. The first part presents a review of methods applied internationally and discusses issues and limitations associated with undertaking this research in Australia. The first part of the paper concludes with a series of questions for discussion or next steps for improved future research in this area to be considered at a roundtable meeting scheduled for early 2018.
Part II: Prospects for research on employment effects of minimum wages in Australia (PDF)
Jeff Borland, University of Melbourne
This report is the final stage of a three-part process exploring this topic. The report provides a discussion on outcomes of the research roundtable, hosted by the Commission in March 2018, which was attended by several leading Australian labour economists to discuss the prospects for research in Australia on the employment effects of minimum wages.
Discussion paper: The UK evaluation of the impacts of increases in their minimum wage (PDF)
Sue Richardson, Expert Panel member for annual wage reviews
This discussion paper reports on the methods applied in the United Kingdom (UK) to evaluate the impacts of increases in the UK minimum wage, to assist in facilitating broader discussion on whether any of the methods can be applied in Australia. This paper provides a description of the UK data sources and main econometric models used in this research. The paper concludes with a discussion of Australia’s data limitations and insights from UK academics into the possibility of future Australian research.
Previous research
Research material from past annual wage reviews is available.
Go to a complete list of previous research.
Updated time
Last updated
25 May 2018
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