45 min read

Fair Work Commission

Last updated November 2024

This chapter explains the powers of the Fair Work Commission and how it handles common workplace issues.

What is the Fair Work Commission?

Definition: Fair Work Commission

The Fair Work Commission (FWC) is an independent body established under the Fair Work Act 2009 (Cth) (FW Act) to serve as an ‘industrial umpire’.

The FWC has offices Australia-wide.

It is made up of the following individuals, in order of seniority:

  • a President;
  • two Vice Presidents (to whom the President may delegate their powers);
  • Deputy Presidents; and
  • Commissioners.

Acting Commissioners may also be appointed for a specified period so the FWC can perform its functions effectively, e.g. to fill a short-term vacancy or to meet a large workload.

Functions of the FWC

The FWC is entrusted with several functions under the FW Act, including:

  • dealing with unfair dismissal claims (read more);
  • dealing with anti-bullying claims (read more);
  • dealing with anti-sexual harassment claims (read more);
  • dealing with general protections claims (read more) and unlawful termination claims;
  • resolving disputes about flexible work arrangements (read more);
  • resolving disputes about requests to extend unpaid parental leave (read more);
  • setting the national minimum wage and minimum wages in modern awards (read more);
  • making, reviewing and varying modern awards (read more);
  • assisting in the bargaining process for enterprise agreements (read more);
  • terminating enterprise agreements (read more);
  • making orders in relation to industrial action (read more);
  • dealing with disputes brought to the FWC under dispute-resolution procedures of modern awards and enterprise agreements (read more);
  • resolving disputes in relation to stand downs (read more);
  • determining lodgments and resolving disputes in relation to right of entry permits (read more);
  • making regulated labour hire arrangement orders (read more); and
  • resolving disputes about the right to disconnect (read more).
Previous
Next