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Performance framework

The Commission’s performance reporting framework is built around three core elements: portfolio budget statements, the corporate plan and annual performance statements.

The goals and performance measures set out in the framework in 2017–18 are shown in Table 37.

Table 37: Performance framework

Coporate Plan

Purpose

As Australia’s national workplace relations tribunal, the primary purpose of the Fair Work Commission (Commission) is to exercise its functions and powers in accordance with the Fair Work Act 2009. Source: 2018–19 Corporate Plan, p.4)

Portfolio Budget Statements

2017–18 Budget Outcomes and Programs

Outcome 1:

Simple, fair and flexible workplace relations for employees and employers through the exercise of powers to set and vary minimum wages and modern awards, facilitate collective bargaining, approve agreements and deal with disputes (Source: 2018–19 PBS, p.117)

Program 1.1:

Dispute resolution, minimum wage setting, orders and approval of agreements.

The Fair Work Commission exercises powers under the Fair Work Act 2009 in accordance with the objects of the Act and in a manner that is fair and just, is quick, informal and avoids unnecessary technicalities. (Source: 2018–19 PBS, p.118)

Annual Performance Statements

Intended Results:

  • The community understands the role of the Commission and recognises it as an independent and expert workplace relations tribunal (Source: 2018–19 Corporate Plan, p.10)
  • The Commission is accessible to all Australians, recognising the community’s diverse needs and expectations (Source: 2018–19 Corporate Plan, p.11)
  • The Commission is efficient, accountable and transparent (Source: 2018–19 Corporate Plan, p.11)
  • The Commission is a highly skilled and agile organisation in which its people, processes, systems and technology are aligned to deliver high-quality, efficient and effective services to the community (Source: 2018–19 Corporate Plan, p.12)

Results

The following results show the Commission’s achievements in relation to the criteria and key performance indicators set out in the Fair Work Commission Corporate Plan 2018–19 (Corporate Plan) and the 2018–19 Portfolio Budget Statements, Budget Related Paper No. 1.13B Jobs and Innovation Portfolio (PBS).

Activity One: Powers and functions are exercised in accordance with the Fair Work Act 2009

Intended result: The community understands the role of the Commission and recognises it as an independent and expert workplace relations tribunal

Performance criterion

Target

Result

Survey 80 per cent of parties in individual matters following a staff conference or conciliation.

(Source: Corporate Plan, p.10)

80%

100%

Results against performance criterion

The Commission surveyed 100 per cent of parties to individual matters following a staff conference or conciliation.

Performance criterion

Target

Result

At least 80 per cent of survey respondents in individual matters following a staff conference or conciliation are satisfied that their conference conciliator was even- handed.

(Source: Corporate Plan, p.10)

80%

83%

Results against performance criterion

Survey responses exceeded the target, with 83 per cent of respondents being satisfied that their conciliator was even-handed.

Performance criterion

Target

Result

Report on the activities that involved consultation with users about improving service delivery.

(Source: Corporate Plan, p.10)

Report on activities

Complete

Results against performance criterion

The Commission finalised one report on activities that involved user consultation:

  • Unfair Dismissal Correspondence User Testing – available at www.fwc.gov.au

Intended result: The Commission is accessible to all Australians, recognising the community’s diverse needs and expectations

Performance criterion

Target

Result

At least 80 per cent of survey respondents in individual matters following a staff conference or conciliation found that information, including on the Commission’s website, was easy to understand.

(Source: Corporate Plan, p.11)

80%

83%

Results against performance criterion

Survey responses exceeded the target, with 83 per cent of respondents finding that information, including on the Commission’s website, was easy to understand.

Performance criterion

Target

Result

At least 80 per cent of survey respondents in individual matters following a staff conference or conciliation are satisfied with the relevance of information provided by the Commission.

(Source: Corporate Plan, p.11)

80%

91%

Results against performance criterion

Survey responses exceeded the target, with 91 per cent of respondents satisfied with the relevance of information provided by the Commission.

Performance criterion

Target

Result

At least 75 per cent of survey respondents in individual matters following a staff conference or conciliation are satisfied with information provided by the Commission about its processes.

(Source: Corporate Plan, p.11)

75%

79%

Results against performance criterion

Survey responses met the target, with 79 per cent of respondents satisfied with information provided by the Commission about its processes.

Performance criterion

Target

Result

Monitor and report on the use of technology that has been implemented in order to improve access to, or delivery of, Commission services.

(Source: Corporate Plan, p.11)

Report on activities

Complete

Results against performance criterion

The Commission monitored and reported internally on its implementation of technology in order to improve access to, or delivery of, its services.

Intended result: The Commission is efficient, accountable and transparent

Performance criterion

Target

Result

Improve or maintain the time elapsed from lodging applications to finalising conciliations in unfair dismissal applications with a target of 34 days.

(Source: PBS, p.119, Corporate Plan, p.12)

34 days

32 days

Results against performance criterion

The Commission exceeded the target of 34 days, with conciliations in unfair dismissal applications being conducted in a median of 32 days from lodgment. In 2018–19, 13,928 unfair dismissal applications were lodged, and Commission staff conducted 10,408 conciliation conferences. This was five days longer than our performance in 2017–18, when unfair dismissal conciliation conferences were conducted in a median of 27 days from lodgment.

Further information about the Commission’s performance in dealing with unfair dismissal cases is in the unfair dismissal section of the annual report.

Performance criterion

Target

Result

Annual wage review to be completed to enable operative date of 1 July with a target of publication no later than 30 June.

(Source: PBS, p.119, Corporate Plan, p.12)

Publication by 30 June 2019

30 May 2019

Results against performance criterion

The Commission completed the annual wage review on 30 May 2019.

Further information on the annual wage review is on pages 58 to 59 of the annual report and in Table D13 in Appendix D, which sets out the Commission’s timeliness in meeting the target.

Performance criterion

Target

Result

Improve or maintain the agreement approval time for agreements approved without undertakings with a target of 32 days.

(Source: PBS, p.119, Corporate Plan, p.12)

32 days

30 days

Results against performance criterion

The Commission exceeded the target of 32 days, with agreements without undertakings being approved in a median of 30 days from lodgment.

Further information about the Commission’s timeliness in approving enterprise agreements is in the enterprise agreements section of the annual report.

Activity Two: Organisational capability is enhanced

Intended result: The Commission is a highly skilled and agile organisation in which its people, processes, systems and technology are aligned to deliver high quality, efficient and effective services to the community

Performance Criterion

Target

Result

90 per cent of performance and development plans specify individual and/or organisational development goals.

(Source: Corporate Plan, p.12)

90%

100%

Results against performance criterion

As a part of our employee performance management framework, employees develop an annual performance and development plan in consultation with their managers.

In 2018–19, 100 per cent of performance and development plans specified individual and/or organisational development goals.

Performance criterion

Target

Result

At least 30 per cent of staff are offered an opportunity to experience work outside their usual role, participate in a cross-organisational project or be involved in a service improvement project

(Source: Corporate Plan, p.12)

30%

35%

Results against performance criterion

In 2018–19, 35 per cent of staff experienced work outside their usual role, participated in a cross-organisational project or were involved in a service improvement project.

Analysis of performance against the Commission’s purposes

Activity One

In 2018–19, the Commission performed strongly against its performance criteria in achieving its purpose as set out in the corporate plan. There was a slight decrease in survey respondents’ satisfaction that their conference conciliator was even-handed. While 3 per cent fewer survey respondents found that information (including on the Commission’s website) was easy to understand, more respondents were satisfied with the relevance of information provided by the Commission and with the information provided around our processes.

This shows that, while we are generally providing the right information to parties to individual matters at the right time, there is work to do in making information easier to understand. As well as redrafting correspondence to parties in unfair dismissal matters in plain language (see the Case study – using plain language to improve user experience in unfair dismissal cases) the Commission is currently redrafting its unfair dismissal website content, including guides and fact sheets, in plain language.

The Commission’s performance in conducting conciliations in unfair dismissal cases declined from the previous reporting period, with conferences conducted in a median of 32 days, compared with 27 days in 2017–18 but still ahead of the 34-day target. As the most common application lodged each year, we will continue to focus on resourcing both conciliators and administrative support to deal with unfair dismissal applications.

Once again, the Commission delivered the decision in the annual wage review with ample time to enable an operative date of 1 July 2019.

As discussed in the Enterprise agreements section, the Commission changed the KPI for approval of enterprise agreements to refer to agreements without undertakings. The Commission met the KPI in 2018–19 with a result of 30 days against the target of 32 days. More detailed information about the actions taken to improve agreement approval timeliness can be found in the Enterprise agreements section of the annual report.

The Commission regularly reports on the activities that involve consultation with our users about improving service delivery. During 2018–19, the Commission consulted with a range of user groups, including the Termination of Employment User Group and the New Approaches User Group. The Commission also established two new user groups – one to provide feedback on agreements, with which the Commission tested the new online application forms (see the In focus – engaging with agreements parties), and the Small Business Reference Group, which provides a forum for small businesses to assist the Commission in continuing to improve its services.

During 2018–19, the Commission engaged Pivot Consulting to undertake user testing of the unfair dismissal letters redrafted in plain language. Participants were applicants and small business respondents who had previously had an unfair dismissal case at the Commission. The Commission has incorporated much of the feedback into the letters and will use the research to inform the redrafting of content on the Commission’s website. The report will be published in the second half of 2019.

Activity Two

To help enhance organisational capability, the Commission has an agile operating model that builds staff mobility and enhances capability. The opportunity for staff to experience work outside their usual role builds an adaptable workforce that can easily respond to changes in resourcing and priorities. It permits staff to have a strong understanding of all parts of the Commission, which in turn contributes to better service delivery for users.

In 2018–19, over a third of the Commission’s staff had the opportunity to expand their skills and take on new challenges by working in, or with, other parts of the agency. Significant numbers of staff were consulted about, or participated in, the implementation of the Commission’s new case management system, which will launch in the 2019–20 financial year. Many others had the opportunity to take part in cross-organisational initiatives such as the diversity working group, and service improvement projects such as the development of new online forms to decrease errors in agreement applications. Opportunities such as these encourage innovation, collaboration and service excellence.