What happens at a Fair Work Conference?

Overview. A hearing or conference is a formal proceeding for an application made to the Commission, where a Member of the Fair Work Commission will hear and consider all of the evidence and submissions. The Commission Member may then provide a legally binding decision resolving the application.

Are Fair Work Commission hearings public?

The Fair Work Commission is holding a conference or hearing about your application. Hearings are formal proceedings, open to the public, where the parties present evidence (eg witnesses or copies of documents) about their case.

How long does a fair work hearing take?

Hearings are held face to face at the Commission hearing rooms. A member of the Commission will hear from both sides and their witnesses. Hearings can take one day or may run for a number of days. For more information, see Hearing.

What is a determinative conference?

A determinative conference is a proceeding which is conducted in private, and results in a decision. In private means that members of the public are excluded. Persons who are necessary for the Commission to perform its functions are permitted to be present.

Are Fair Work Commission decisions binding?

An order is a compulsory direction given by the Fair Work Commission in accordance with a decision. An order made by the Commission is legally binding. However the Commission does not itself have the power to enforce its orders.

What happens if I lose an unfair dismissal case?

If an unfair dismissal case settles at conciliation, the outcome can be whatever you and the other party agree to. If a case proceeds to a conference or hearing and the dismissal is found to be unfair, the only possible remedies are: reinstatement. compensation for lost wages (must not be more than 26 weeks’ pay).

Do I have to give evidence at an employment tribunal?

I Am Happy To Give Evidence In Writing, But Do Not Want To Attend The Employment Tribunal. As the Claimant, your evidence is vital to your claim. Not attending the Hearing could have a detrimental impact on your case. The Employment Tribunal will decide whether to allow your written witness statement at all.

What is an example of unfair dismissal?

incapacity (the worker does not do the job properly, or the worker is unable to do the job due to illness or disability) retrenchment or redundancy (the employer is cutting down on staff or restructuring the work and work of a particular kind has changed)

What is a mention hearing FWC?

Member means a Member of the Commission, including the President, a Vice President, a Deputy President or a Commissioner. mention is a hearing held to deal with procedural or interim matter. party means an applicant or respondent involved in a matter before the Commission.

What powers do the Fair Work Commission have?

It is an independent body with power to carry out a range of functions including: providing a safety net of minimum conditions, including minimum wages in awards. facilitating good faith bargaining and making enterprise agreements. dealing with applications in relation to unfair dismissal.

Is Fair Work Commission a court?

The Fair Work Commission is an independent body, which operates in a similar way to a court. For instance, it can hear claims and disputes which are related to the workplace and deliver binding decisions which must be adhered to.

What is the Fair Work Commission Australia?

Overview. The Fair Work Commission is Australia’s national workplace relations tribunal.

What is Fair Work?

Fair Work Act Summary. On top of these provisions and guidelines, the Act also gives employees and employers a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards (NES), Modern Awards and National Minimum Wage orders – each of which entail their own specific adherences.

What is the Fair Work Ombudsman?

The Office of the Fair Work Ombudsman, or more commonly, the Fair Work Ombudsman (FWO), is an independent statutory agency of the Government of Australia that serves as the central point of contact for free advice and information on the Australian national workplace relations system.

What is the Fair Work Act?

The Fair Work Act 2009 (Act) is the primary piece of legislation governing Australia’s workplaces. It is the foundation to all standards and regulations for employment and something that employers in all industries and within all business sizes should be familiar with.