The Fair Work Commission ('FWC') resolves workplace disputes between employees (including contractors) and organisations. These disputes can involve unfair dismissals, workplace bullying, discrimination, industrial actions, and the approval of enterprise agreements. The FWC functions as an independent tribunal that not only resolves but also helps prevent disputes, fostering cooperative and productive workplace relations. If you face a formal workplace dispute, the FWC is the body to seek resolution.
What types of complaints can you make?
The Fair Work Commission (FWC) resolves a variety of employment-related claims, disputes, and issues within the Fair Work system. This includes:
- Unfair Dismissal: If you believe your dismissal was harsh, unjust, or unreasonable.
- General Protections (Dismissal): If you were dismissed for asserting workplace rights, discrimination, or temporary illness/injury.
- General Protections (No Dismissal): If you face adverse action without dismissal for asserting rights or due to discrimination.
- Unlawful Termination: If your termination breaches specific employment laws.
- Discrimination: If treated unfairly due to personal attributes such as race, age, or gender.
- Stop Bullying Application: If experiencing workplace bullying.
- Casual Conversion: If denied conversion from casual to permanent employment.
- Enterprise Agreement: If there are disputes about the contents of an enterprise agreement.
- Sexual Harassment Dispute Application: If experiencing sexual harassment at work.
- Industrial Action: For disputes regarding strikes or work bans.
- Flexible Work and Unpaid Parental Leave: For issues related to flexible work arrangements or unpaid leave.
- Wages and Conditions: For disputes about pay and work conditions under awards or agreements.
Jurisdiction:
Covers national system employers and employees within Australia, and may include Australian employers operating overseas.
Time Limitations:
Applications must be made within prescribed time limits, such as 21 days for unfair dismissal and 6 years for general protections (no dismissal).
The FWC will not deal with complaints about:
The FWC does not handle complaints about state public sector or local government employment, unsafe or unclean workplaces, or general workplace grievances.
Who can you make a complaint against?
You can make a complaint against:
- Current Employer: For General Protections (No Dismissal) applications.
- Former Employer: For Unfair Dismissal or General Protections (Dismissal) claims.
- Prospective Employer: For General Protections (No Dismissal) applications.
- Colleagues: For Stop Bullying applications or General Protections claims.
- Miscellaneous: For Sexual Harassment Dispute applications or Casual Conversion disputes.
- Union or Employee Association: For disputes regarding representation or conduct.
- Partnership or Directors of a Company: For employment-related disputes.
- Contractor or Subcontractor: For disputes about employment conditions or rights.
Are you eligible to make a complaint?
You can make a complaint if you are a:
- Current Employee: National system employees, contractors, apprentices, trainees, volunteers, etc.
- Former Employee: Previously employed individuals with relevant claims.
- Prospective Employee: Individuals applying for jobs facing adverse action.
- Group of Employees: Collective complaints about workplace conditions or agreements.
- Trade Unions or Employee Associations: Lodging complaints on behalf of members.
- Employer: Seeking rulings on disputes or workplace determinations.
- Workplace Delegate or Representative: Advocating on behalf of employees.
What can this body do to help?
This body may provide:
- Reinstatement: Returning to your job if unfairly dismissed.
- Compensation: Financial compensation for unfair dismissal or general protections dismissal.
- Continuity of Employment: Ensuring ongoing employment in general protections dismissal disputes.
- Stop Bullying Orders: Preventing further workplace bullying.
- Sexual Harassment Orders: Preventing future harassment and possible mediation or compensation.
- Industrial Action Orders: Stopping or preventing unlawful industrial actions.
- Casual Conversion Dispute Resolution: Resolving disputes about converting casual employees to permanent roles.
- Lost Remuneration and Continuous Service: Compensation for lost wages and maintaining employment records.
- Penalties: Imposing penalties for breaches of the Fair Work Act.
- Changes to Workplace Practices: Mandating adjustments to address discrimination, bullying, and harassment.
- Orders for Bargaining: Facilitating good faith bargaining in enterprise agreement disputes.
- Correction of Employment Records: Amending inaccurate employment records.
How to prepare your complaint
Format:
Complaints must be in writing using specific forms from the FWC’s website. All forms can be accessed or downloaded from the FWC’s website at https://www.fwc.gov.au/apply-or-lodge/forms.
Personal Details:
Your name, address, and contact information.
Respondent Details:
Identifying the employer or individual you’re complaining about.
Relevant Facts:
Clearly explaining your situation, including job details, reasons for dismissal, unfair treatment, etc.
What Not to Include:
False or misleading information.
Additional Information:
Documents supporting your claim (employment contract, pay slips, etc.).
Lodging your complaint and next steps:
Where to Lodge Your Application:
- Online: Upload your form via the FWC online lodgement service.
- Email: Send your form to ABSH@fwc.gov.au or lodge@fwc.gov.au.
- Post or Fax: Send to your nearest Commission office.
Payment of Fees:
Fees apply for lodging an application. Payment can be made by credit card, cheque, or money order. Fee waiver available for financial hardship.
Next steps:
- Notification of Application: The FWC will notify the respondent within 7 days.
- Unfair Dismissal Application: Initial processing within 14 days; conciliation usually within 5 weeks; formal decision if unresolved.
- General Protections (Dismissal) or (No Dismissal) Application: Conference setup within 5 to 10 weeks; if unresolved, a certificate is issued for further action.
- Casual Conversion Dispute: FWC reviews and notifies parties of the resolution method.
- Stop Bullying Application: FWC starts within 14 days; sharing application and responses; deciding on next steps.
- Sexual Harassment Dispute: FWC starts within 14 days; notification and responses; conference attempt.
- Industrial Action: FWC decides within 2 days; interim orders if necessary.
- Flexible Work and Unpaid Parental Leave: Employer response within 21 days; FWC involvement if unresolved; initial resolution before arbitration.
More information:
Refer to the factsheet provided below for more information.
