The Fair Work Act 2009 and Fair Work Regulations 2009 create a number of rights and obligations for both employers and employee workplace rights and responsibilities, which includes:
- Minimum wages and conditions.
- Unfair dismissal protections.
- General protections.
- Protections against bullying.
- Employee entitlements.
- Small business employers.
Disputes can arise at any workplace and approaching the Fair Work Commission commences a formal legal process.
The Fair Work Commission is Australia’s national workplace relations tribunal with the 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
- Regulating how industrial action is taken
- Resolving workplace disputes through conciliation and public hearings
- Workplace determinations, equal remuneration, transfer of business, general workplace protections, right of entry and stand down.
The functions undertaken by the Fair Work Commission begin when a person wanting to initiate a matter lodges an application with the Commission.
Applications must be made on the correct forms and lodged in accordance with the Fair Work Commission Rules 2013 and the procedures in the forms.
Different methods are used to help resolve different types of disputes depending on whether the dispute relates to:
- Termination of employment.
- General protections of workplace rights.
- Bullying in the workplace.
- Making an enterprise agreement.
- Interpreting or applying an award or agreement.
We can help resolve disputes involving employers and employees who are covered by the national workplace relations system.