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 2019–20 are shown in Table 1.
Table 1: Performance framework
Corporate 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: 2019–20 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: 2019–20 PBS, p.125) 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: 2019–20 PBS, p.126) |
Annual performance statements | Intended results:
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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 2019–20 (corporate plan) and the 2019–20 Portfolio Budget Statements, Budget Related Paper No. 1.13 Jobs and Innovation Portfolio (PBS).
Activity One: Powers and functions are exercised in accordance with the Fair Work Act 2009
Performance measure: The community understands the role of the Commission and recognises it as an independent and expert workplace relations tribunal.
Target | Survey 80 per cent of parties in individual matters following a staff conference or conciliation. |
Source | 2019–20 Corporate Plan p.11. |
Performance achieved | Achieved: 100 per cent of parties to individual matters were surveyed following a staff conference or conciliation. |
Analysis | The Commission surveyed 100 per cent of parties to individual matters following a staff conference or conciliation. This exceeded the corporate plan performance target of 80 per cent. This is consistent with previous reporting periods. The Commission achieved this target by incorporating post‑conciliation surveys into standard procedure and ensuring staff are trained in and encouraged to follow this procedure. |
Target | 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 | 2019–20 Corporate Plan p.11. |
Performance achieved | Achieved: 83 per cent of survey respondents were satisfied that their conference conciliator was even‑handed. |
Analysis | The Commission exceeded the 2019–20 Corporate Plan performance target of 80 per cent, with 83 per cent of survey respondents satisfied that their conference conciliator was even‑handed. This result was consistent with previous reporting periods and is representative of the Commission’s focus on ensuring it is fair, transparent and accountable. The Commission’s staff conciliators are well trained in delivering a consistent, fair and equitable service to the Australian community. This high standard of service is maintained through training, adherence to process and procedure and setting and measuring performance against KPIs. |
Target | Report on the activities that involved consultation with users about improving service delivery. |
Source | 2019–20 Corporate Plan p.11. |
Performance achieved | Achieved: The Commission reported quarterly. |
Analysis | The Commission met the corporate plan target by preparing a quarterly report on activities that involved consultation with users about improving service delivery. The ‘User Consultation’ report is a whole of organisation initiative to ensure our continued focus on user‑first service delivery. |
Performance measure: The Commission is accessible to all Australians, recognising the community’s diverse needs and expectations.
Target | 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 | 2019–20 Corporate Plan p.11. |
Performance achieved | Achieved: 82 per cent of survey respondents found information, including on the Commission’s website, easy to understand. |
Analysis | The Commission exceeded the 2019‑20 Corporate Plan performance target of 80 per cent, with 82 per cent of survey respondents finding information, including on the Commission’s website, easy to understand. This represents a 9 per cent decrease from the previous period. In 2019‑20, the Commission applied plain language principles to improve content, including correspondence templates and high‑use website information. This is consistent with the Commission’s continuous improvement approach to information delivery. The Commission recognises the needs to continuously review and improve its information resources in order to meet the increasing needs and expectations of users. The Commission will draw on user‑experience research and insights to continue to improve information delivery in 2020–21, including updating the website, to ensure it better meets user needs. The focus will include having content expressed in plain language to ensure our users have the information they need, in the form they want it, when they need it. |
Target | 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 | 2019–20 Corporate Plan p.12. |
Performance achieved | Not achieved: 79 per cent of survey respondents were satisfied with the relevance of information provided by the Commission. |
Analysis | The Commission did not meet the 2019–20 Corporate Plan performance target of 80 per cent, with 79 per cent of survey respondents satisfied with the relevance of information provided by the Commission. This is 1 per cent below the target and represents a 12 per cent decrease from 2018–19. As discussed above, the Commission takes a continuous improvement approach to information delivery, and will continue to do so in 2020–21. In order to improve on this year’s result, we will be utilising user experience principles to review our information and information delivery platforms. The Commission is confident that the work planned will improve the quality of our information and access to our services. |
Target | At least 75 per cent of survey respondents in individual matters following a staff conference or conciliation are satisfied with the information provided by the Commission about its processes. |
Source | 2019–20 Corporate Plan p.12. |
Performance achieved | Achieved: 75 per cent of survey respondents were satisfied with the information provided by the Commission about its processes. |
Analysis | The Commission met the 2019–20 Corporate Plan performance target, with 75 per cent of survey respondents satisfied with the information provided by the Commission about its processes. This is consistent with results in previous years, although does represent a 4 per cent decrease in satisfaction from 2018–19. The Commission will be focusing on improving information creation and delivery in 2020–21 to ensure it continues to meet this performance target, as discussed above. |
Target | Monitor and report on the use of technology that has been implemented in order to improve access to, or delivery of, Commission services. |
Source | 2019–20 Corporate Plan p.12. |
Performance achieved | Achieved: The internal report was delivered in Quarter 4. |
Analysis | The Commission met the corporate plan target to monitor and report on the use of technology that has been implemented in order to improve access to, or delivery of, Commission services. This is an internal report used to improve Commission services. |
Performance measure: The Commission is efficient, accountable and transparent.
Target | Improve or maintain the time elapsed from lodging applications to finalising conciliations in unfair dismissal applications with a target of 34 days. |
Source | 2019–20 PBS, p.126 and 2019–20 Corporate Plan p.13. |
Performance achieved | Achieved: Conciliation conferences were finalised in a median of 34 days from the lodgment of an unfair dismissal application. |
Analysis | The Commission met the 2019–20 PBS and corporate plan performance target, with a median 34 days elapsing from lodging an application to finalising the conciliation in unfair dismissal cases. This two‑day increase from the 2018–19 reporting period can be attributed to the significant increase in applications lodged during the COVID‑19 pandemic. In 2019–20, 16,558 unfair dismissal applications were lodged, an increase of 2,630 (19 per cent) from 2018–19. Similarly, Commission staff conducted 12,965 conferences, an increase 2,557 (25 per cent) from 2018–19. The Commission recorded an unprecedented increase in applications through March, April and May. This period coincided with a major shift in Commission operations, with the majority of staff moving to remote work. The increase in cases and conciliation conferences, together with the Commission’s response to the COVID‑19 pandemic were key to the increase in time elapsed. The COVID‑19 pandemic is ongoing, and the implications cannot be predicted. It is likely that the higher level of cases lodged will continue in 2020–21 given the economic context. The Commission will monitor and respond as required and strive to maintain performance in 2020–21. |
Target | Annual wage review to be completed to enable operative date of 1 July with a target of publication no later than 30 June. |
Source | 2019–20 PBS, p.126 and 2019–20 Corporate Plan p.13. |
Performance achieved | Achieved: The annual wage review was published on 19 June 2020. |
Analysis | The Commission exceeded the 2019–20 PBS and corporate plan performance target, with the annual wage review completed on 19 June 2020. This is 11 days earlier than the target date of 30 June. The review was undertaken remotely during the COVID‑19 pandemic. The Expert Panel recognised that the measures put in place to contain the spread of COVID‑19 led to significant shifts in the way work and society is conducted, with substantial economic consequences. As a result, the panel varied the review timetable to allow parties to provide submissions regarding the impacts of the pandemic as they unfolded and to comment on the most recent available data. The varied timetable led to the decision being issued 11 days later than in 2018–19. . Further information is available in the Expert Panel’s Annual wage review decision, available at fwc.gov.au. |
Target | Improve or maintain the agreement approval time for agreements approved without undertakings with a target of 32 days. |
Source | 2019–20 PBS, p.126 and 2019–20 Corporate Plan p.13. |
Performance achieved | Achieved: Agreements without undertakings were approved in a median of 17 days. |
Analysis | The Commission exceeded the 2019–20 PBS and corporate plan performance target, with agreements without undertakings being approved in a median of 17 days from lodgment. This is 15 days earlier than the performance target and 13 days earlier than the 2018–19 result. This improved performance can be attributed to the Commission’s continued focus on improving timeliness in agreement approvals. This was discussed in detail in the 2018–19 Annual Report. The Commission is confident of maintaining this performance and will continue to explore opportunities for improvement in 2020–21. |
Activity Two: Organisational capability is enhanced
Performance measure: 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.
Target | Maintain or improve the number of professional development plans that specify individual and/or organisational professional development goals, with a target of 100 per cent. |
Source | 2019–20 Corporate Plan p.14. |
Performance achieved | Achieved: 100 per cent of performance plans specified individual and/or organisational professional development goals. |
Analysis | The Commission met the 2019–20 Corporate Plan performance target, with 100 per cent of professional development plans specifying individual and/or organisational professional development goals. This is consistent with previous years. In 2019–20, this was achieved through Commission employees adhering to a mandated process for all Performance Development Plans (PDP). As part of the process, staff and managers must develop a PDP from a standard template. This template requires professional development goals to be set for the reporting period. This process ensures the performance target is met and builds a culture of ongoing learning and development across all staff. |
Target | 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 | 2019–20 Corporate Plan p.14. |
Performance achieved | Achieved: 30 per cent of staff were offered an opportunity to experience work outside their usual role. |
Analysis | The Commission met the 2019–20 Corporate Plan performance target, with 30 per cent of staff offered an opportunity to experience work outside their usual role. This is consistent with previous years. In 2019–20, there were several initiatives that contributed to the Commission exceeding the performance target, including:
As a small organisation, it is crucial that the Commission is agile. This enables workforce resources to be moved to meet emerging priorities and ensure continued performance. In 2019–20, this was crucial in the Commission’s continued delivery of services, while managing an unprecedented increase in applications. The Commission was able to move staff with relevant skills and experience into priority areas to ensure performance was maintained. This capability proved crucial again, with the passing of the JobKeeper legislation, which conferred a new jurisdiction on the Commission. In a short period of time, the Commission was able to mobilise a new JobKeeper team from existing staff, introduce KPIs to measure performance, and create a case management workflow. This ensured there was no delay in the processing of applications. The Commission’s response was only possible through promoting workforce mobility and the continuous development of workforce capabilities. The initiatives outlined above are an example of the importance of an agile workforce. These initiatives contributed significantly to the Commission meeting the performance target and continuing to deliver high‑quality, efficient and effective services to the community through the COVID‑19 pandemic. |
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https://www.transparency.gov.au/annual-reports/fair-work-commission/reporting-year/2019-20-27