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The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the Australian industrial relations tribunal created by the Fair Work Act 2009 as part of the Rudd Government's reforms to industrial relations in Australia. Operations commenced on 1 July 2009. It is the successor of the Australian Industrial Relations Commission, and also performs functions previously performed by the Workplace Authority and the Australian Fair Pay Commission. Since March 2012, Iain JK Ross has been the President of FWC, and Bernadette O'Neill is its current General Manager. As of 29 May 2019, it operates under the portfolio of the Australian Attorney-General, the Hon. Christian Porter MP.FWC's functions include the setting and varying industrial awards, minimum wage fixation, dispute resolution, the approval of enterprise agreements, and handling claims for unfair dismissal.
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
What would be some of the legal implications of the bill being imposed? I am curious to hear what other's views on the matter are.
Looking at including a constructive dismissal angle in preparation for a General Protection FCA plead.
Termination was 24 hours after a workplace complaint, but a month before probation. The rapidity of the termination was deliberately and publicly humiliating but as it is not an unfair...
Is the F8A employer response to a FWC action considered evidence or admissible?
What are the actions available if there are objective evidence demonstrating falsehood such as GPS and video evidence prior to FWC conciliation? Or is it only considered "evidence" at the court level (Fed, FCCA)...
Is it possible to add different complaints after Fair Work conciliation, in addition to the initial complaint for the Fair Work/Federal court submission?
Let's say the initial complaint was quite solid and quite convincing. However, during conciliation there were issues that were highlighted...
An employee really wanted to make an unfair dismissal case against us. We are a small business and she had been employed for less than 12 months so she was unable. Despite the UD claim lodged out of time Fairwork kindly suggested she look into general protections as the small business code didnt...
Hello,
I was hired for a full-time job with a small company. On the 6th day, I was paid my first week as normal that afternoon the business owner sat me down and said: " I'm sorry but this is not working out for me and I'm going to have to let you go".
I accepted this and left quietly. The...
Hi everyone,
Can anyone please explain to me what is the effectiveness of the Fair Work Commission in relation to the modern awards in the Australian system of employment relations?
Does the Fair Work Australia Commission and Australian courts tend to view laws as implied terms in principal/contractor contracts and employment contracts or not?
For instance, is WH&S law an implied term of all contracts?
I interpreted Fair Work Australia section 27 to mean that state law that is not excluded could be used in a fairwork case, but in the WA commission case 2017 WAIRC 00115 Grobbler versus Stass Environmental, it is used to justify a national system employee having the case heard at State level...
Hi,
I have been working for a medium-sized company for the last 8 months. I have passed the probation period and had no issues. I have recently been called into the office with the owner and had points put forward that i have 2 weeks to remedy.
I have not yet spoken to Fair Work Australia yet...