Most workers have heard of the Fair Work Commission, but few understand just how vital it is to ensuring fairness in Australian workplaces. As the national workplace relations tribunal, the Commission plays a central role in resolving disputes, setting minimum conditions, and protecting your rights. Whether you’re facing unfair treatment or simply want to understand the system, here’s a breakdown of what the Fair Work Commission does and how it can help you.
What Is the Fair Work Commission?
The Fair Work Commission (FWC) is Australia’s independent workplace tribunal. It oversees matters relating to employment conditions, including:
- Dispute resolution (e.g. unfair dismissal claims)
- Setting and reviewing awards
- Approval of enterprise agreements
- Minimum wage reviews
- Workplace bullying complaints
It acts as a referee between employees and employers, making legally binding decisions when workplace issues can’t be resolved internally.
Key Functions of the Fair Work Commission
- Unfair Dismissal Claims
If you believe you’ve been sacked unfairly, you can lodge a claim with the FWC within 21 days of your dismissal. The Commission will assess:
- Whether there was a valid reason
- If proper procedures were followed
- Whether the dismissal was harsh, unjust or unreasonable
- Enterprise Agreement Approvals
The FWC reviews enterprise agreements to ensure:
- Workers are better off overall than under the relevant award
- The agreement was genuinely agreed to
- All procedural and legal requirements were met
- Award Reviews and Minimum Wage Setting
Each year, the Commission reviews the national minimum wage and modern awards to reflect economic changes and cost of living. This helps ensure pay rates remain fair and sustainable.
- Anti-Bullying Orders
Workers experiencing workplace bullying can apply to the FWC for intervention. If bullying is found to be ongoing, the Commission can issue an order to stop the behaviour.
Who Can Apply to the Fair Work Commission?
Employees, employers, unions, and employer organisations can apply to the FWC. You don’t necessarily need a lawyer, but many people choose to be represented by their union, which can offer expert advice and advocacy.
The Role of Unions in Fair Work Commission Matters
Unions are critical in:
- Supporting members through unfair dismissal and bullying cases
- Representing workers in enterprise bargaining and award negotiations
- Ensuring legal compliance and procedural fairness in all Commission matters
Having a union means you’re not alone when navigating a complex and intimidating process.
Common Misunderstandings About the Fair Work Commission
- “It’s only for serious legal disputes” – False. Everyday issues like underpayment or leave disputes can also be addressed.
- “Only lawyers can help you” – Not true. Your union representative can guide and support you throughout the process.
- “It takes forever to resolve issues” – While some cases are complex, many matters are resolved through early conciliation.
Protecting Your Rights Through the FWC
Understanding the Fair Work Commission is essential for protecting your workplace rights. Whether you’re negotiating pay, challenging a dismissal, or reporting misconduct, the FWC is there to ensure fairness and accountability.
If you have a workplace issue or want to better understand your rights, speak to your union or visit the Fair Work Commission website. A fair workplace starts with knowing your options—and standing up for them.
