Fair Work Commission

How the Commission can help you

The Fair Work Commission (Commission) is an independent and impartial organisation. The Commission may be able to help you by showing you:

• how to make an application
• how to respond to an application that is made against you
• how to fill out forms
• how to find useful documents such as legislation and decisions
• how to prepare for a conciliation, conference or hearing

We remain impartial and cannot give you legal advice regarding your case or otherwise.

It is not neccessary for a party to be represented by a lawyer or paid agent when appearing before the Commission, and many parties choose to represent themselves.

There are community legal centres in each state and territory. You can find your nearest community legal centre on the National Association of Community Legal Centres website. 

Workplace Advice Service

The Workplace Advice Service provides access to free legal assistance to eligible people and some small business employers who need advice about unfair dismissal and other employment-related matters.

Out of hours pilot program

The Commission can offer applicants and respondents the opportunity to attend Commission proceedings on a Thursday evening and a Saturday for unfair dismissal matters upon request.

Are you eligible?

You may be eligible to participate in the pilot program if you are:

• an applicant or respondent in an unfair dismissal application, and
• the matter is proceeding to a conference/hearing and is estimated to be listed for no more than one day

What does the pilot program offer?

Prior to the case being listed for conference/hearing, eligible applicants and respondents will be given notice about the option to participate in an out of hours proceeding on:

• Thursday evening commencing 5.00pm (Jurisdiction conference/Hearing only) 
• Saturday day; or
• at another time upon request

How to get more information about the program?

If you would like more information about the program, please call the Commission on 1300 799 675.

The Small Business Fair Dismissal Code

Under the Fair Work Act 2009, the Minister may declare special rules which apply to small businesses in relation to unfair dismissal. These are contained in the Small Business Fair Dismissal Code.

This code applies to all small business employers in the national workplace relations system. It provides that:

• An employer can dismiss any employee without notice or warning if they believe that the employee has engaged in serious misconduct. Serious misconduct includes theft, fraud, violence, serious breaches of occupational health and safety procedures [and sexual harassment].
• In other cases, the employer must give the employee a warning explaining why they are at risk of being dismissed. The reason the employee is at risk of dismissal must be based on a problem with their conduct or capacity to do their job, and the employee must be given a chance to fix the problem.

Whether or not an employer has followed the Small Business Fair Dismissal Code may be taken into consideration by a Member of the Commission if a matter goes to a hearing. If the employer has followed the Small Business Fair Dismissal Code they will have grounds to object to an unfair dismissal application, and may lodge what is called a jurisdictional objection.

For more information about jurisdictional objections go to What is the process for unfair dismissal claims?

If the matter goes to a hearing the employer will be required to provide evidence that they complied with the Small Business Fair Dismissal Code, including evidence that a warning had been given to the employee before their dismissal. Evidence may include a completed checklist, copies of written warning(s), a statement of termination or signed witness statements.

You can read the Small Business Fair Dismissal Code on our website, but we can’t give you advice about how to follow it, or whether or not an employer followed it.

For information about the Code, and to view an accompanying checklist, visit the Fair Work Ombudsman’s website.

Interpreter services

The Commission will arrange an interpreter for you if needed when you particpate in a conciliation conference, a conference or a hearing before a member.

This is a free service.