The benchbooks have been developed by the Fair Work Commission in accordance with our Future Directions plan. We will develop other benchbooks as required.
The Commission’s benchbooks are plain language guides to the Fair Work legislation. They set out the key principles of case law on these topics:
The benchbooks contain information on how the legislation and case law have been applied in Commission decisions. They are designed to help parties prepare their material for matters before the Commission.
To provide feedback on the currently available benchbooks, please email us at benchbook@fwc.gov.au.
If you wish to be notified when new Commission benchbooks are published please go to our Subscribe to updates page and subscribe to the Announcements service (for administrative and general announcements), or check our website regularly for the latest news.
The content of these resources should be used as a general guide only. The benchbooks are not intended to be used as an authority in support of a case at hearing.[1]
Precautions have been taken to ensure the information is accurate, but the Commonwealth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained in these resources or on any linked site.
The information provided, including cases and commentary, are considered correct as of the date of publication. Any changes to legislation and case law will be reflected in updates to these benchbooks from time to time.
Individual cases have been selected as examples to help users gain a better understanding of the issues covered. These cases should not be considered exhaustive.
The case examples used in these benchbooks are interpretations of the decisions by Commission staff on specific issues which are addressed within the text. The case examples may not reflect all of the issues considered in the relevant decision. In the electronic version of the benchbook the original text of each decision can be accessed by clicking the relevant link.
These resources are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
In many areas of Indigenous Australia it is considered offensive to publish names of Aboriginal and Torres Strait Islander people who have recently died. Users are warned that these resources may inadvertently contain such names.
Where this site provides links to external websites, these links are provided for the reader's convenience and do not constitute endorsement of the material on those sites, or any associated organisation, product or service.
The Commission acknowledges the services provided by AustLII, Thomson Reuters and LexisNexis which were utilised in compiling this resource.
[1] See for example Springfield v Hegele Logistics Australia P/L [2017] FWC 3524 (Platt C, 26 July 2017) at para. 18; Boyd v MarketTrack Global Pty Ltd T/A Numerator [2019] FWC 8489 (Dean DP, 16 December 2019) at para. 20.