Going to work is a major part of our lives. So it is
important that the relationship between employers and employees is fair and productive
Industrial awards, called modern awards, set out the minimum pay and conditions for a particular
job and cover many employees. Some groups of workers negotiate their own pay and conditions
with their employer. These are called ‘collective agreements’.
The Fair Work Commission is there to help employees and employers maintain fair and
productive workplaces. The Fair Work Commission is one of two key
national organisations that support harmonious workplaces.
The other is the Fair Work Ombudsman.
In this video we will explain what each organisation does, so you’ll know which to contact if
you need help.
The Fair Work Commission is Australia’s national workplace
relations tribunal.
A tribunal works like a court. It can hear claims and disputes related to the workplace
and issue binding decisions.
The Commission is established b statute. It's established by the Fair Work Act, an Act of
the Commonwealth parliament. All of our powers and functions are statutory based. They are
all based and derived from that Act.
The Fair Work Commission sets the national minimum wage and creates
and changes modern awards.
It also approves collective agreements. And it’s the independent umpire in workplace
disputes, including unfair dismissals.
the Act sets out the factors that we must have regard to in deciding whether or not
a termination is fair. Now if we decide a termination is unfair the Act also sets out
a set of rules that we are obliged to apply about the remedy we order.
It is not the Fair Work Commission's job to make sure you are getting the minimum entitlements
in modern awards. And it does not get involved in checking if employees are getting their
correct wages, holidays and entitlements. The Fair Work Ombudsman can give advice on
these entitlements. If you are not getting the right entitlements the Fair Work Ombudsman
can help resolve those issues through processes like mediation. And in cases of serious non-compliance
its inspectors can investigate possible breaches of workplace laws and take cases to court.
The Fair Work Ombudsman is the place to go for employers and employees to understand
the terms of their award or agreement and check entitlements like pay rates and holidays.
You can visit, phone or write to them. Or visit their website at www.fairwork.gov.au
It has tools to help you look up your award, calculate entitlements and find answers to
questions about your workplace rights and obligations.
If you have questions about superannuation entitlements you need to contact the Australian
Taxation Office at www.ato.gov.au/super
The Tax Office can tell you how much super is payable and pursue unpaid super.
And if you have worries about safety in your workplace
go to www.safeworkaustralia.gov.au
There, you can click on the map to link to the regulator who can help you in your state
or territory.
Individual employees can help from the Fair Work Commission in relation to three matters.
If they believe they have been unfairly dismissed, if they believe they have been unfairly treated
under the general protections provisions in the Fair Work Act or if they believe they
are being bullied at work and want an order to prevent that from happening.
I would want them to feel confident that they're going to be able to run their case, they're
going to be treated with courtesy and respect and they're going to have that matter dealt
with in a fair and just manner according to law.