To end proceedings or to suspend them to another time or place.
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, as defined by the Fair Work Act 2009, occurs when:
Bullying does not include reasonable management action carried out in a reasonable manner.
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.
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.
Abbreviation for Fair Work Commission.
Refers to the Commonwealth government or an Australian territory.
A private proceeding conducted by a Fair Work Commission Member.
A constitutionally covered business is:
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
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.
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.
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.
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
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.
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.
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.
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.
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.
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.
A case or legal proceeding before the Commission.
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.
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.
An entity that is not a constitutional corporation. The following are not constitutional corporations:
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.
The end result of an application made to the Commission.
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.
An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.
A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.
A person or business that has entered into a contract for services with an independent contractor.
A business owned and operated by private individuals for profit, instead of by a government or its agencies.
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.
A proprietary limited company. A constitutionally covered business.
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:
In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.
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.
An organisation in which one person is responsible for the business.
Abbreviation for work health and safety.
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.
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.
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:
Only people who are considered to be workers may apply for an order to stop bullying at work.
A place where a person performs work.
See bullying at work.
Fair Work Australia's Minimum Wages and Research Branch is required to conduct research as part of the annual wage review.
The research program for the Annual Wage Review 2011-12 was finalised in a statement on 22 November 2011 following a process where interested parties were invited to submit proposals.
In undertaking the research program, the Minimum Wages and Research Branch consults a Minimum Wage Research Group comprising a chair from the branch and representatives nominated by:
In addition to research projects, statistical reporting is also undertaken on a range of data relevant to annual wage reviews. This work will be published separately to the research reports.
It is anticipated that, subject to data limitations, the project will include:
This first phase of this project will investigate modern award reliance by considering whether modern award coverage can be mapped to the Class/4-digit level industry classifications contained in the Australia and New Zealand Standard Industrial Classification 2006. The project will also explore the extent to which any ‘map’ produced could be used to facilitate analysis of data on award reliance in relation to selected modern awards. A second phase of research for this project will involve, to the extent possible, a comprehensive mapping exercise.
This project will provide in-depth qualitative analysis of the factors leading to, and resulting from, award wage reliance among a collection of workers in higher award classification/professional employment. The objectives of the research will be met by examining the experiences of higher classification award wage-reliant workers, and will have a particular focus on professionals. Data collection and analysis will occur over two phases that will assist in informing the design of a quantitative survey of award wage reliance.
This research will analyse Australian data on award reliance and equal remuneration issues. The research will include published and unpublished data from the Australian Bureau of Statistics (ABS).
This project will primarily examine national system organisations in which at least one employee has their pay set at the specified award rate. The key objective of the study is to understand the mix or ‘categories’ of such employees and, where possible, their location on award classification scales. A particular focus of the research will be to identify professionals and other employees on higher award classifications whose pay is set at the specified award rate. The study will consist of a quantitative survey of such organisations. Data will be gathered on the size and structure of these organisations, the nature of employment arrangements within these organisations as well as information on bargaining activity within them.
This project will examine how minimum wage increases impact on over award wages and the incentive to bargain. The study will include enterprise case studies, the content analysis of enterprise agreements, and the generation and statistical analysis of workplace survey data. This multi-method approach will be used to investigate the motivations, processes and outcomes of wage setting at the workplace level, and examine the role that the minimum wages increases play in shaping agreement-making and over award wage determination.
|7/2010 – Enterprise Case Studies: Effects of minimum wage-setting at an enterprise level, PDF format (321kb)|
|8/2010 – Other Services Industry, PDF format (341kb)|
|9/2010 – Administrative and Support Services Industry, PDF format (420kb)|
|10/2010 – Consolidated Social Research Report, PDF format (314kb)|
|1/2011 – An overview of productivity, business competitiveness and viability, PDF format (2.06mb)|
|2/2011 – Relative living standards and needs of low-paid employees: definition and measurement, PDF format (840kb)|
|3/2011 – Employees earning below the Federal Minimum Wage: Review of data, characteristics and potential explanatory factors, PDF format (567kb)|
|4/2011 – Research framework and data strategy, PDF format (534kb)|
|5/2011 – Review of equal remuneration principles, PDF format (1.125mb)|
|6/2011 – Australian apprentice minimum wages in the national system, PDF format (5.878mb)|
|1/2010 – An overview of compositional change in the Australian labour market and award reliance, PDF format (2.06mb)|
|2/2010 – Literature review on social inclusion and its relationship to minimum wages and workforce participation, PDF format (431kb)|
|3/2010 – Social research – Phase one, PDF format (385kb)|
|4/2010 – Earnings of employees who are reliant on minimum rates of pay, PDF format (656kb)|
|5/2010 – Employees with disability: Open employment and the Supported Wage System,
PDF format (PDF 336kb)
|6/2010 – Minimum wage transitional instruments under the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (PDF 568kb)|
|A multidimensional approach to investigation of living Standards of the low-paid: income, wealth, financial stress and consumption (PDF 288kb)|
|Accommodation, cafes and restaurants industry profile (PDF 548kb)|
|Australian Disability Enterprises:|
|Sector profile (PDF 444kb)|
|Sector profile, Appendix A & Appendix B (PDF 576kb)|
|Fact sheet (PDF 88kb)|
|Addendum (PDF 52kb)|
|Changes in the Australian labour market over the economic cycle (PDF 508kb)|
|Gender pay differentials in low-paid employment (PDF 1.4mb)|
|Health and community services industry profile (PDF 552kb)|
|Labour mobility and low-paid workers (PDF 3.9mb)|
|Manufacturing industry profile (PDF 308kb)|
|Modelling of the macroeconomic impact of the Fair Pay Commission's minimum wage decisions (PDF 560kb)|
|Report on public consultations for the Australian Fair Pay Commission's 2009 minimum wage review (PDF 424kb)|
|Retail trade industry profile (PDF 344kb)|
|Young People with poor labour force attachment: a survey of concepts, data and previous research (PDF 388kb)|
|2008 Minimum Wage Research Forum Proceedings – Volume 1 (PDF 2.4mb), Volume 2 (PDF 1.9mb)|
|Employer Responses to Minimum Wage Adjustments (PDF 1mb)|
|Report on the Australian Fair Pay Commission's 2008 Stakeholder Research (PDF 368kb)|
|Report on Public Consultations for the Australian Fair Pay Commission's 2008 Minimum Wage Review (TNS Social Research) (PDF 588kb)|
|The Economic and Social Circumstances of Australian Young People Aged 15-20 Years (CLMR) (PDF 1mb)|
|A Strategy for Monitoring the Micro-Economic and Social Impacts of the Australian Fair Pay Commission (NILS) (PDF 408kb)|
|Characteristics of minimum wage employees – revised May 2007 (Melbourne Institute) (PDF 600kb)|
|Monitoring Strategy for Wage-Setting Decisions (Access Economics) (PDF 800kb)|
|Report on Targeted Focus Group Public Consultations for the Australian Fair Pay Commission's 2007 Minimum Wage Review (TNS Social Research) (PDF 704kb)|
|An updated profile of the minimum wage workforce in Australia (NILS) (PDF 900kb)|
|Characteristics of employers of the low paid (ACREW) (PDF 424kb)|
|Interactions between wages and the tax transfer system (NATSEM) (PDF 1.2mb)|
|Minimum wages and employment (CLMR) (PDF 412kb)|
|What are the characteristics of the employers of the low paid in Australia (Melbourne Institute) (PDF 3.1mb)|
|Work decisions and the tax transfer system (Colmar Brunton) (PDF 368kb)|
|Party||Document Date||Date Uploaded|
|Australian Industry Group (Response to draft program)||04 November 2011||07 November 2011|
|Australian Council of Trade Unions (Response to draft program)||28 October 2011||28 October 2011|
|Australian Manufacturing Workers' Union (additional material)||29 September 2011||30 September 2011|
|Australian Business Industrial||20 September 2011||20 September 2011|
|Australian Manufacturing Workers' Union (further material)||19 September 2011||20 September 2011|
|Australian Industry Group||15 August 2011||17 August 2011|
|Australian Council of Trade Unions||02 August 2011||05 August 2011|
|Australian Catholic Council for Employment Relations||01 August 2011||02 August 2011|
|Australian Manufacturing Workers' Union||29 July 2011||29 July 2011|
|Department of Education, Employment and Workplace Relations||29 July 2011||29 July 2011|