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.
The prohibition in s.351 does not apply to action which is:
The operation of s.351 is limited by reference to exceptions derived from anti-discrimination legislation.
A person needs to be covered by either the Commonwealth law or applicable State or Territory Law for the protection to apply.
The only exclusion of this type is for people in New South Wales and South Australia who are seeking protection on the grounds of ‘Religion’ or ‘Political opinion’ – neither State’s law provide that discrimination on these grounds is unlawful and there is no Commonwealth law which provides protection for these grounds. As a result a person in New South Wales or South Australia would not be eligible to make a general protections application in respect of adverse action taken on the grounds of ‘Religion’ or ‘Political opinion’.
HOWEVER these persons would be eligible to make an application for Unlawful Termination instead if the adverse action was constituted by a dismissal, as ‘Religion’ and ‘Political opinion’ are expressly covered and these protections extend to ALL Australian workers.
The expression ‘inherent requirements’ is to be given its natural and ordinary meaning. That meaning directs attention to the essential features or defining characteristics of the position in question.
An inherent requirement is something essential to the position, rather than something added to it.
Whether a requirement is an inherent requirement is a matter which should be determined according to common sense and objective fact rather than as a matter of mere speculation or impression.
A practical method of determining whether or not a requirement is an inherent requirement is to ask whether the position would be essentially the same if that requirement were removed.
A stipulation in a contract of employment is not necessarily conclusive to show whether a requirement is inherent in an employee’s position. An employer cannot create inherent requirements by stipulating contractual terms.
The requirements of a particular ‘position’ may be different from those of a particular ‘job’. Position concerns rank and status. What is required of a person’s position, however, will usually require an examination of the tasks performed from that position. That is because the capacity to perform those tasks is an inherent requirement of the particular position.
What is an inherent requirement will usually depend upon the way in which the employer has arranged its business. Only those requirements that are essential in a business sense or in a legal sense can be regarded as inherent in the particular employment.
If the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed and is taken in good faith and to avoid injury to the religious susceptibilities of adherents of that religion or creed, the action does not fall within the prohibition of s.351.
‘Good faith’ is to be applied in a particular context by giving the words their ordinary meaning in accordance with established principles. The Court has accepted the ordinary meaning of ‘good faith’ to be ‘a state of mind consisting in honesty in belief or purpose’ and ‘faithfulness to one’s duty or obligation’.
Injury to the religious susceptibilities of adherents requires more than mere offence. While the action must have been taken to avoid injuring the religious susceptibilities of adherents in order to satisfy the exception, there is no requirement that adherents were actually injured.
An adherent is a person who is a supporter or a follower. At least some or a proportion of adherents must be affected to satisfy this limb.
 See comments of Cambridge C in McIntyre V Special Broadcasting Services Corporation t/a SBS Corporation  FWC 6768 
 ibid., .
 ibid., .
 ibid., .
 ibid., .
 ibid., .
 ibid., .
 Kerry Anne Hozack v The Church of Jesus Christ of Latter-Day Saints  FCA 1300 (27 November 1997), [(1997) 79 FCR 441].