In exercising powers and functions under the Fair Work Act, the Commission provides assistance to a range of parties, including employees and employers and their representatives, federally registered unions, and employer organisations.

The Commission offers a wide range of advice and assistance over the telephone, in person and through correspondence and information materials on its website.

Applications

Tribunal processes commence once a formal application has been lodged with the Commission.

In 2018–19, a total of 31,415 applications were lodged with the Commission, similar to the total of 31,554 applications in 2017–18. Table 1 summarises applications lodged according to matter type from 2015–16 to 2018–19; more detail on lodgments in 2018–19 is in Table D16: Applications lodged, by matter type in Appendix D.

In 2018–19, unfair dismissal applications were the most common, accounting for 44 per cent of total applications, as in 2017–18. Consistent with previous years, applications for approval of an enterprise agreement were the second most common, making up 16 per cent of total applications. Applications for general protections involving dismissal made up 14 per cent of total applications in 2018–19.

Table 1: Applications lodged, by matter type

Hearings and conferences

In 2018–19, the Commission held 11,702 hearings and conferences around Australia, an increase of 5 per cent compared with a total of 11,196 in 2017–18.

Hearings and conferences are held in each capital city and regional locations. They are held in person, by telephone or by videoconference. Not all matters involve a hearing or conference – some are decided by a Member on the papers.

Members hold hearings and conferences by telephone or videoconference wherever suitable, to reduce parties’ travel time and costs and to ensure efficient use of Commission resources. In 2018–19, 30 per cent of all hearings and conferences conducted by Members were held by telephone or videoconference, compared with 32 per cent in 2017–18. Twenty-five per cent of matters, predominantly applications for approval of enterprise agreements, were decided by a Member on the papers, without the need for a hearing or conference.

In addition, experienced staff conducted 10,408 conciliation conferences during 2018–19, compared with 10,491 in 2017–18. Conciliators hold conferences in relation to applications concerning unfair dismissal, general protections involving dismissal, and anti-bullying. The overwhelming majority of conciliations are conducted by telephone. See Table D15: Hearings and conferences conducted by Members, by location or method in Appendix D for detailed information on hearings and conferences.

Decisions and orders

In 2018–19, the Commission issued a total of 10,974 decisions and orders, an increase of 13 per cent from 2017–18, as set out in Table D14: Decisions and orders published in Appendix D.

Timeliness benchmarks

Our portfolio budget statements set out performance standards for timeliness of staff conciliation conferences in unfair dismissal applications, approval of enterprise agreements, and completion of the annual wage review.

In addition, the Commission has set performance benchmarks concerning delivery of reserved decisions by a single Member, dealing with applications for the approval of enterprise agreements, the hearing of appeals, and handing down reserved decisions in appeal matters.

The benchmarks set a standard to which the Commission aspires, as well as quantifiable measures of performance that provide transparency and accountability.

Figures 2 to 4 compare the Tribunal’s performance against benchmarks in 2018–19 with its performance before the introduction of the benchmarks. While performance has improved in most instances since the benchmarks were introduced in 2012, there remains room for further improvement. Improved timeliness performance will be a significant focus in the year ahead.

Figure 2: Timeliness benchmarks – reserved decisions

Figure 3: Timeliness benchmarks – appeals

Figure 4: Timeliness benchmarks – reserved decisions in appeals