Fair Work Commission

Agreements which were in force before the commencement of the Fair Work Act 2009 and include:

• pre-reform certified agreements made by the Australian Industrial Relations Commission by 27 March 2006
• employee collective agreements approved by the Office of the Employment Advocate or the Workplace Authority by 30 June 2009
• preserved state agreements
• pre-reform certified agreements varied and/or extended by 31 December 2009.

Matters dealt with by the Fair Work Commission in relation to modern awards.

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.

A person undertaking an Australian Apprenticeship that combines training and employment and which can lead to a nationally recognised trade qualification. Apprentices usually get paid a percentage of what a qualified tradesperson would get paid.

Matters dealt with by the Fair Work Commission in relation to the obligations of registered organisations to keep records and lodge returns (other than audited financial reports) with the Commission.

A Fair Work Commission Member's support staff.

A legislated set of key minimum entitlements of employment for employees in the national workplace relations system introduced by the Workplace Relations Amendment (Work Choices) Act 2005. The Australian Fair Pay and Conditions Standard (except for wages) ceased to apply on 31 December 2009.

Australia's national industrial tribunal from 1988 to 2009. Many of the AIRC's functions were assumed by Fair Work Australia (now the Fair Work Commission) on 1 July 2009. The AIRC ceased to exist and transferred the remainder of its functions to Fair Work Australia on 31 December 2009. Fair Work Australia was then renamed the Fair Work Commission on 1 January 2013.

An individual, legally enforceable agreement between an employer and employee about the employee's terms and conditions of employment. AWAs were replaced by individual transitional employment agreements (ITEAs) and can no longer be made.

A process initiated in April 2008 by the Minister for Education, Employment and Workplace Relations. By December 2009 the Australian Industrial Relations Commission had created 122 modern awards. The award modernisation process is continuing under the Fair Work Commission. Award modernisation with respect to enterprise awards is scheduled to be concluded by 31 December 2013.

Instruments made by the Australian Industrial Relations Commission containing enforceable minimum terms and conditions of employment. (See also modern awards.)

An order made on application to the Fair Work Commission by a bargaining representative negotiating for a proposed enterprise agreement to ensure good faith bargaining requirements or to promote fair and efficient bargaining.

The test that the Fair Work Commission must apply to a proposed agreement before it can be approved. Individual flexibility arrangements under modern awards and enterprise agreements must also satisfy the test.

Matters dealt with by a Board of Reference.

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.

Matters dealt with by the Fair Work Commission including such matters as general protections and appeals to a full bench.

A legally enforceable collective agreement about terms and conditions of employment between an employer and a group of employees or between an employer and one or more unions. Such agreements were certified by the Australian Industrial Relations Commission.