In this Practice Note:
Act means the Fair Work Act 2009
adjournment means to suspend or reschedule a conference or hearing to a later date
advocate means a person representing a party to a matter before the Commission
bar table statements means the statements made by parties or their representatives in the course of a hearing that are not given under oath or affirmation
Commission means the Fair Work Commission
conference means a proceeding in relation to a matter before the Commission that is generally held in private, unless otherwise directed by the Commission, and is less formal than a hearing
decision means a decision, order, determination or other directional ruling made by a Member of the Commission
hearing means a proceeding before the Commission to allow the parties to present their evidence and submissions in relation to a matter
matter means an application or other proceeding before the Commission
Member means a Member of the Commission, such as the President, a Vice President, a Deputy President or a Commissioner
party means an applicant or respondent involved in a matter before the Commission
Rules means the Fair Work Commission Rules 2013
sworn evidence means evidence provided under oath or affirmation.
All parties have the right to a fair and efficient hearing.
[see ss.590, 592 & 593 of the Act].
[see s.587 of the Act].
[see s.399A of the Act].
The Commission may also use its general powers to dismiss applications, including unfair dismissal applications (s.587 of the Act).
'… Although it is important that justice must be seen to be done, it is equally important that judicial officers discharge their duty to sit and do not, by acceding too readily to suggestions of appearance of bias, encourage parties to believe that by seeking the disqualification of a judge, they will have their case tried by someone thought to be more likely to decide the case in their favour.'
[see s.596(4) of the Act].
[see Rule 12 of the Rules].
Further, the Commission’s permission is not required for a person to be represented by a lawyer or a paid agent in making a written submission under Part 2-3 or 2-6 (which deal with modern awards and minimum wages) [see s.596(3) of the Act].
[see s.596(2) of the Act].
[see Notes (a) and (b) to s.596(2) of the Act].
|President||Justice Ross, or President|
|Vice Presidents||Vice President|
|Senior Deputy Presidents||Senior Deputy President|
|Deputy Presidents||Deputy President|
Appeal proceedings are outlined in the Appeal proceedings practice note, available on the Commission website.