{"id":3086,"date":"2019-08-14T08:19:49","date_gmt":"2019-08-13T22:19:49","guid":{"rendered":"https:\/\/www.wiseworkplacetraining.com.au\/2021\/09\/11\/the-role-of-the-fair-work-commission-in-workplace-disputes\/"},"modified":"2021-09-11T08:20:10","modified_gmt":"2021-09-10T22:20:10","slug":"the-role-of-the-fair-work-commission-in-workplace-disputes","status":"publish","type":"post","link":"https:\/\/www.wiseworkplacetraining.com.au\/2019\/08\/14\/the-role-of-the-fair-work-commission-in-workplace-disputes\/","title":{"rendered":"The Role of the Fair Work Commission in Workplace Disputes"},"content":{"rendered":"
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There is a high likelihood that every employer will have to deal with action – or at least the threat of action – involving the Fair Work Commission (FWC).<\/p>\n

Let’s take a look at the role of the FWC, and the importance of a defensible investigation report in the event an employee lodges a claim.<\/p>\n

what is the fwc?<\/h3>\n

The FWC is Australia’s national workplace relations tribunal. It deals with a variety of workplace matters, such as salary disputes, enforcing agreements, reviewing workplace conditions, and making decisions on terminations.<\/p>\n

As part of making such determinations, the FWC has the power to impose an outcome on an employer and\/or an employee. For example, if a person is considered to have been unfairly dismissed, the FWC may order that their employment is reinstated, or that compensation is payable.<\/p>\n

However, the FWC is not a court, and as such, its decisions can be overruled by a formal court judgement.\u00a0\u00a0<\/span><\/p>\n

how is the fwc approached?<\/h3>\n

Applications to the FWC can be lodged online or by mail. Except in certain circumstances where significant financial hardship can be demonstrated, a filing fee ($73.20 at the time of writing) is payable with the application.<\/p>\n

If a former employee wishes to lodge an application relating to unfair dismissal, it must be received by the FWC within 21 days of the official date of the dismissal.<\/p>\n

What does the fwc consider?<\/h3>\n

A number of different matters can be dealt with by the FWC. However, up to 40% of all applications heard by the tribunal involve claims for unfair dismissal. Other commonly heard applications include those seeking:<\/p>\n