The Fair Work Commission is Australia’s national workplace relations tribunal, an independent body responsible for setting minimum wages, creating and varying awards, approving agreements, and resolving disputes.
Legislation: Fair Work Act 2009 Part 5-1 | Category: Institutions
What is the Fair Work Commission?
The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. It is responsible for setting minimum wages, approving enterprise agreements, resolving workplace disputes, dealing with unfair dismissal applications, making and varying Modern Awards, and handling stop bullying orders. It operates like a court and can issue binding decisions for the parties in some cases.
The Commission consists of a President, Vice Presidents, Deputy Presidents, Commissioners and Expert Panel members. It operates independently and makes decisions through hearings, conferences, and written determinations. Decisions can be appealed in limited circumstances.
Key Compliance Points for Employers
- Applications related to termination of employment (unfair dismissal and general protections involving dismissal applications) are subject to strict time limits and must be lodged within 21 days of dismissal taking effect.
- Some matters (including most dismissal-related applications) proceed first to conciliation before hearing.
- The FWC conducts the Annual Wage Review each year where it reviews the national minimum wage and modern award minimum wages and decides whether they need to change in the year ahead. Representation by lawyers requires the permission of the FWC in most matters.
Frequently Asked Questions
What is the Fair Work Commission?
The Fair Work Commission is Australia’s national workplace relations tribunal responsible for minimum wages, agreements, and dispute resolution.
The Commission consists of a President, Vice Presidents, Deputy Presidents, Commissioners and Expert Panel members.
Why is the Fair Work Commission important for employers?
Understanding fair work commission helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
