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Appendix D: Tables and figures reference data

Two people talking to each other in a hallway

Table D1: Unfair dismissal – conciliation outcomes

Outcome

2018–19

2017–18

2016–17

2015–16

Matters settled

8,161

8,285

8,880

8,529

Settlement – monetary items without reinstatement

1,469

1,404

1,660

1,712

Settlement – monetary and non-monetary items without reinstatement

5,137

5,171

5,511

5,122

Settlement – non-monetary items without reinstatement

1,500

1,650

1,627

1,624

Settlement – reinstatement

27

35

42

35

Settlement – reinstatement and monetary items

20

12

23

17

Settlement – reinstatement and non-monetary items

6

8

13

11

Settlement – reinstatement, monetary and non-monetary items

2

5

4

8

Matters not settled

2,247

2,206

2,280

2,321

Total

10,408

10,491

11,160

10,850

Table D2: Unfair dismissal – conciliation outcomes, monetary payment

No. of matters

Percentage of settlements involving monetary payment

Range ($)

2018–19

2017–18

2016–17

2015–16

2018–19

2017–18

2016–17

2015–16

0–999

427

510

553

539

6

8

8

8

1,000–1,999

942

935

1,002

922

14

14

14

13

2,000–3,999

1,761

1,683

1,893

1,866

27

26

26

27

4,000–5,999

1,274

1,206

1,344

1,288

19

18

19

19

6,000–7,999

708

760

790

717

11

12

11

10

8,000–9,999

431

418

474

447

7

6

7

7

10,000–14,999

637

606

643

608

10

9

9

9

15,000–19,999

231

219

251

236

3

3

3

3

20,000–29,999

140

168

163

153

2

3

2

2

30,000–39,999

39

48

49

57

<1

1

1

1

40,000–maximum amount1

37

39

32

26

<1

1

<1

<1

Total

6,627

6,592

7,194

6,859

100

100

100

100

1 A maximum of the monetary value of six months’ salary by way of compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.

Table D3: Unfair dismissal – conciliation matters, size of employer

No. of matters

Percentage of conciliations

Number of employees1

2018–19

2017–18

2016–17

2015–16

2018–19

2017–18

2016–17

2015–16

1–14

1,808

2,098

2,184

2,000

17

20

20

18

15–99

2,892

2,830

3,100

3,065

28

27

28

28

>100

5,010

5,008

5,307

5,204

48

48

48

48

Unknow

51

1

7

4

<1

<1

<1

<1

In dispute

647

554

563

577

6

5

5

5

Total

10,408

10,491

11,161

10,850

100

100

100

100

1 Based on information from respondents, where provided.

Table D4: Unfair dismissal – employer objections

Outcome

2018–19

2017–18

2016–17

2015–16

Employer’s objection upheld

146

195

401

769

Employee was not dismissed

20

35

39

52

Employer not national system employer

2

1

5

8

Frivolous, vexatious

0

0

1

0

Genuine redundancy

11

14

22

49

Irregular and/or casual employee

3

1

4

0

Minimum period of employment not served

30

37

126

99

Multiple applications

1

0

2

0

No award, agreement or high-income employee

6

10

15

18

No employment relationship

8

5

7

13

No extension of time – up to and including 7 days late

24

26

61

153

No extension of time – more than 7 days late

40

54

115

342

No reasonable prospect of success

1

6

3

6

Termination consistent with Small Business Fair Dismissal Code

4

10

7

16

Unknown

0

4

5

24

Employer’s objection dismissed

61

73

114

265

Employee was dismissed

7

4

11

13

Application within time

10

16

21

30

Award, agreement and/or not high-income employee

5

7

7

13

Employment relationship

3

3

2

5

Extension of time – up to and including 7 days

8

16

25

106

Extension of time – more than 7 days

10

7

17

50

Minimum period of employment served

16

15

16

33

National system employer

0

0

1

0

No genuine redundancy

1

3

11

8

No multiple applications

0

0

0

0

Not frivolous, vexatious

0

0

0

2

Not irregular casual employee

4

5

4

3

Reasonable prospect of success

2

1

2

1

Termination inconsistent with Small Business Fair Dismissal Code

1

2

1

5

Unknown

1

2

6

6

Total

207

268

515

1,034

Note: An application may be found in or out of jurisdiction on more than one ground. Accordingly, the results may add up to more than the total.

Table D5: Unfair dismissal – applications dismissed under s.399A and s.587 of the Fair Work Act

Outcome

2018–19

2017–18

2016–17

2015–16

Dismissed (s.587)

169

155

112

125

Dismissed by panel head (s.587)

95

70

120

112

Failure to attend

2

0

1

1

Incomplete application

19

9

32

21

Minimum employment period not met

41

28

34

40

No notice of discontinuance filed after settlement

2

1

2

8

No reasonable prospect of success

14

23

17

12

Non-compliance with directions

1

0

3

3

Premature application

0

0

0

0

Unpaid application

37

35

56

42

Verbal or written advice of discontinuance

0

0

0

0

Application to dismiss granted (s.399A)

89

96

88

125

Total

353

321

320

362

Note: An application can have multiple reasons why it was dismissed by a panel head. Accordingly, the results are not cumulative. The Commission will determine the merits of an unfair dismissal application where it has not been resolved by the parties through conciliation (or otherwise withdrawn by the applicant) or dismissed by a Commission Member on jurisdictional or other grounds.

Table D6: Unfair dismissal – arbitration outcomes

Outcome

2018–19

2017–18

2016–17

2015–16

Application dismissed – dismissal was fair

89

104

125

130

Application granted – no remedy granted

11

7

6

7

Application granted – monetary

96

110

135

135

Application granted – reinstatement

4

6

10

12

Application granted – reinstatement and lost remuneration

9

17

15

18

Application granted – remedy to be determined

20

19

16

24

Total

229

263

307

326

Table D7: Unfair dismissal – arbitration outcomes, application granted with compensation

Result ($)

2018–19

2017–18

2016–17

2015–16

0–999

3

8

2

5

1,000–1,999

6

5

12

10

2,000–3,999

13

17

27

18

4,000–5,999

12

15

20

16

6,000–7,999

9

17

12

14

8,000–9,999

6

13

9

11

10,000–14,999

13

9

14

21

15,000–19,999

10

8

17

13

20,000–29,999

7

6

13

15

30,000–39,999

4

3

4

6

40,000–maximum amount1

9

3

3

4

No loss of wages

0

0

0

0

Unknown2

4

6

2

2

Total

96

110

135

135

  1. A maximum of six months’ compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.
  2. Unknown as administrative data is incomplete.

Table D8: Unfair dismissal – arbitration outcomes, median compensation

Median compensation

2018–19

2017–18

2016–17

Amount

$8,704

$6,971

$7,196

Equivalent number of weeks’ pay

8

7

8

Note: Median outcomes reflect the remedies ordered by the Commission, which are expressed as a dollar amount and as the equivalent number of weeks pay of the applicant. Data is only available from 2016–17 on.

Note: In the 2017–18 Annual Report we reported the equivalent number of weeks pay was 4.3. The correct figure is 7.

Table D9: Unfair dismissal – arbitration outcomes, application granted with reinstatement and lost remuneration

Result ($)

2018–19

2017–18

2016–17

2015–16

0–999

0

0

0

0

1,000–1,999

0

0

0

0

2,000–3,999

0

0

0

2

4,000–5,999

1

2

0

1

6,000–7,999

1

0

1

2

8,000–9,999

0

0

1

1

10,000–14,999

0

7

2

0

15,000–19,999

1

0

2

2

20,000–29,999

2

0

1

1

30,000–39,999

0

2

0

2

40,000–maximum amount1

3

5

1

2

No loss of wages

1

1

2

2

Unknown2

0

0

5

3

Total

9

17

15

18

  1. A maximum of six months’ compensation is payable under the Fair Work Act. Note, however, that the monetary amount may include payment for other issues, such as unpaid entitlements.
  2. Unknown as administrative data is incomplete.

Table D10: General protections disputes involving dismissal – conciliation outcomes involving monetary payment

No. of matters

Percentage of settlements involving monetary payment

Range ($)

2018–19

2017–18

2016–17

2015–16

2018–19

2017–18

2016–17

2015–16

0–999

156

181

146

117

8

9

9

10

1,000–1,999

280

250

190

178

15

13

12

15

2,000–3,999

415

388

323

224

22

20

21

19

4,000–5,999

264

278

229

180

14

15

15

15

6,000–7,999

146

152

128

91

8

8

8

8

8,000–9,999

81

96

69

52

4

5

4

4

10,000–14,999

158

180

147

108

8

9

10

9

15,000–19,999

70

95

81

54

4

5

5

5

20,000–29,999

80

78

64

45

4

4

4

4

30,000–39,999

32

29

29

26

2

2

2

2

40,000–49,999

12

17

9

16

<1

1

1

1

50,000–59,999

11

18

5

7

<1

1

<1

<1

60,000–69,999

7

8

12

7

<1

<1

1

<1

70,000–79,999

7

5

7

6

<1

<1

<1

<1

80,000–89,999

5

2

8

4

<1

<1

1

0

90,000–99,999

2

2

1

6

<1

<1

<1

<1

100,000+

11

13

9

13

<1

1

1

1

Unknown

142

114

83

56

8

5

5

9

Total

1,879

1,906

1,540

1,190

100

100

100

100

Table D11: General protections disputes involving dismissal – lodgment of applications for consent arbitration

Matter type

2018–19

2017–18

2016–17

2015–16

FWA s.365 – General protections disputes involving dismissal – consent arbitration

14

18

23

18

FWA = Fair Work Act

Table D12: Anti-bullying – applications finalised by decision

Outcome

2018–19

2017–18

2016–17

2015–16

Matter finalised by administrative dismissal

62

34

41

28

Matter finalised at jurisdiction

3

3

6

3

Substantive application granted

2

8

3

12

Substantive application dismissed

7

8

10

14

Total

74

53

60

57

Table D13: Annual wage review – timeliness

Target

2018–19

2017–18

2016–17

2015–16

30 June

30 May 2019

1 June 2018

6 June 2017

31 May 2016

Table D14: Decisions and orders published

2018–19

2017–18

2016–17

2015–16

Decisions and orders published

10,974

9,717

11,103

12,140

Table D15: Hearings and conferences conducted by Members, by location or method

Location or method

2018–19

2017–18

2016–17

2015–16

Adelaide

240

240

225

261

Brisbane

847

647

866

894

Canberra

105

101

120

117

Darwin

19

35

18

47

Hobart

86

58

47

70

Melbourne

1,797

1,989

2,080

2,228

Newcastle

117

93

137

95

Perth

427

522

618

683

Sydney

1,406

1,277

1,516

1,817

Wollongong

0

0

0

115

Other places

240

294

337

254

In chambers

2,894

2,316

5,543

5,662

Telephone

3,020

2,839

3,372

3,208

Video

504

785

925

1,232

Total

11,702

11,196

15,804

16,683

Table D16: Applications lodged, by matter type

Matter type

2018–19

Fair Work Act 2009

30,773

Rule 7 (FWC) – Directions on procedure

4

s.113(6) – Application for an order that terms of prior long service leave instrument are applicable

1

s.120 – Application to vary redundancy pay for other employment or incapacity to pay

294

s.122 – Transfer of employment situations that affect the obligation to pay redundancy pay

3

s.156 – 4 yearly review of modern awards

22

s.157 – FWC may vary etc. modern awards if necessary to achieve modern awards objective

3

s.158 – Application to vary or revoke a modern award

3

s.160 – Application to vary a modern award to remove ambiguity or uncertainty or correct error

1

s.182(4) – Application for approval of a greenfields agreement

3

s.185 – Application for approval of a greenfields agreement

202

s.185 – Application for approval of a multi-enterprise agreement

36

s.185 – Application for approval of a single-enterprise agreement

4,694

s.210 – Application for approval of a variation of an enterprise agreement

188

s.217 – Application to vary an agreement to remove an ambiguity or uncertainty

23

s.217A – Application to deal with a dispute about variations

6

s.222 – Application for approval of a termination of an enterprise agreement

221

s.225 – Application for termination of an enterprise agreement after its nominal expiry date

263

s.229 – Application for a bargaining order

79

s.236 – Application for a majority support determination

111

s.238 – Application for a scope order

14

s.240 – Application to deal with a bargaining dispute

175

s.248 – Application for a single interest employer authorisation

10

s.260 – Application for consent low-paid workplace determination

1

s.266 – Industrial action related workplace determination

2

s.269 – Bargaining related workplace determination

1

s.285 – Annual wage review

1

s.302 – Application for an equal remuneration order

2

s.318 – Application for an order relating to instruments covering new employer and transferring employees

78

s.318 – Application for an order relating to instruments covering new employer and transferring employees in agreements

3

s.319 – Application for an order re instruments covering new employer and non-transferring employees in agreements

1

s.319 – Application for an order relating to instruments covering new employer and non-transferring employees

33

s.320 – Application to vary a transferable instrument – agreement

5

s.365 – Application to deal with contraventions involving dismissal

4,508

s.365 – Application to deal with contraventions involving dismissal (consent arbitration)

14

s.372 – Application to deal with other contravention disputes

1005

s.394 – Application for unfair dismissal remedy

13,928

s.401 – Application for costs orders against lawyers and paid agents

2

s.418 – Application for an order that industrial action by employees or employers stop etc.

47

s.423 – Application to suspend or terminate protected industrial action – significant economic harm etc

1

s.424 – Application to suspend or terminate protected industrial action – endangering life etc.

9

s.425 – Application to suspend protected industrial action, cooling off

3

s.426 – Application to suspend protected industrial action, significant harm to a third party

1

s.437 – Application for a protected action ballot order

578

s.447 – Application for variation of protected action ballot order

15

s.448 – Application for revocation of protected action ballot order

33

s.459 – Application to extend the 30 day period in which industrial action is authorised by protected action ballot

150

s.472 – Application for an order relating to certain partial work bans

6

s.483AA – Application for an order to access non-member records

11

s.505 – Application to deal with a right of entry dispute

31

s.508 – Application to restrict rights if organisation or official has misused permit rights

2

s.510 – Upon referral, revoke or suspend an entry permit

3

s.512 – Application for a right of entry permit

1,242

s.516 – Application to extend entry permit

14

s.519 – Application for an exemption certificate

3

s.520 – Application for an affected member certificate

1

s.526 – Application to deal with a dispute involving stand down

10

s.533 – Application for an FWC order

3

s.576(2)(aa) – Promoting cooperative and productive workplace relations and preventing disputes

13

s.576(2)(ca) – Proceeding referred to FWC for mediation

11

s.589 – Application for procedural and interim decision

1

s.595 – Application to FWC to have a dispute resolution process conducted

1

s.602 – Application to correct obvious error(s) etc. in relation to FWC's decision

6

s.603 – Application to vary or revoke an FWC decision

3

s.604 – Appeal of decisions

175

s.605 – Minister may apply for review of a decision

2

s.608 – President may refer questions of law to the Federal Court

1

s.739 – Application to deal with a dispute

1,534

s.739 – Application to deal with a dispute in relation to flexible working arrangements

35

s.768AX – Application to vary copied State instruments

3

s.768BB – Application for an order about coverage for employee organisations under a state instrument

5

s.768BG – Application to consolidate orders in relation to non-transferring employees

1

s.773 – Application to deal with an unlawful termination dispute

127

s.773 – Application to deal with an unlawful termination dispute (consent arbitration)

1

s.789FC – Application for an order to stop bullying

751

187

RO Act – Request for advice and assistance – FWC

72

s.13(1)(b) RO Act – Advice and assistance to Organisations

2

s.158(1) RO Act – Application for alteration of eligibility rules

10

s.158(1) RO Act – Application for change of name of organisation

3

s.158A RO Act – Application to GM for alteration of eligibility rules

1

s.159(1) RO Act – Notification of alterations of other rules

81

s.161 RO Act – Evidence of rules

3

s.180 RO Act – Conscientious objection to membership of organisations

9

s.246(1) RO Act – Application for determination of reporting units

1

s.26(6) RO Act – Application to issue a copy of or certificate replacing the certificate of registration

1

s.30(1)(a) RO Act – Application by organisation for cancellation of registration

1

s.30(1)(b) RO Act – Application for cancellation of registration of organisation

1

s.43(1) RO Act – Community of interest declaration

1

s.44(1) RO Act – Application for approval for submission of amalgamation to ballot

1

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

236

Sch. 3, Item 10 – Application to vary transitional instrument to remove ambiguity – agreement

1

Sch. 3, Item 15 – Application by agreement to terminate collective agreement-based transitional instrument

7

Sch. 3, Item 16 – Application to terminate collective agreement-based transitional instrument

60

Sch. 3, Item 17 – Application by agreement to terminate individual agreement-based transitional instrument

152

Sch. 3, Item 19 – Declaration for unilateral termination with FWC approval to terminate individual agreement

16

Work Health and Safety Act 2011

113

s.131 – Application for a work health and safety entry permit

113

Coal Mining Industry (Long Service Leave) Administration Act 1992

1

s.39D CMILSLA Act – FWC may deal with disputes relating to long service leave

1

Administrative

105

OH&S Review Authority

2

Request for a Board of Reference

103

Grand Total

31,415

FWC = Fair Work Commission, GM = General Manager