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Appendix C: Tables and figures reference data

Tables for the delivery of Commission services

Table C1: Decisions and orders published

2020-21

2019-20

2018-19

2017-18

Decisions and orders published

9,951

10,030

10,974

9,717

Table C2: Hearings and conferences conducted by Members, by location or method

Location or method

2020-21

2019-20

2018-19

2017-18

Adelaide

67

173

240

240

Brisbane

176

595

847

647

Canberra

4

126

105

101

Darwin

4

15

19

35

Hobart

1

48

86

58

Melbourne

192

1,442

1,797

1,989

Newcastle

30

89

117

93

Perth

374

204

427

522

Sydney

412

972

1,406

1,277

Wollongong

0

0

0

0

Other places

43

149

240

294

In chambers

2,480

2,965

2,894

2,316

Telephone

7,263

5,798

3,020

2,839

Video

1,241

530

504

785

Total

12,287

13,106

11,702

11,196

Table C3: Applications lodged, by matter type

Matter type

2020-21

Fair Work Act 2009

28,957

Rule 7 (FWC) - Directions on procedure

2

s.66M - Application to deal with a dispute about the right to request casual conversion

2

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

274

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

3

s.156 - 4-yearly review of modern awards

1

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

8

s.158 - Application to make a modern award

1

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

67

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

12

s.185 - Application for approval of a greenfields agreement

316

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

18

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

3,419

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

364

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

32

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

60

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

270

s.229 - Application for a bargaining order

76

s.234 – Application for a serious breach declaration

1

s.236 - Application for a majority support determination

105

s.238 - Application for a scope order

6

s.240 - Application to deal with a bargaining dispute

121

s.248 - Application for a single interest employer authorisation

4

s.251 - Application for a variation of a single interest employer authorisation

2

s.252 - Application to extend single interest employer authorisation

4

s.285 - Annual wage review

1

s.302 - Application for an equal remuneration order

1

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

51

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

2

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

28

s.320 - Application to vary a transferable instrument

1

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

3

s.365 - Application to deal with contraventions involving dismissal

4,102

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

19

s.372 - Application to deal with other contravention disputes

1,010

s.394 - Application for unfair dismissal remedy

13,281

s.400A - Application for a costs order against a party

2

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

4

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

23

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.

8

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

2

s.437 - Application for a protected action ballot order

475

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

52

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

27

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

124

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

1

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

5

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

28

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

4

s.512 - Application for a right of entry permit

1,286

s.516 - Application to extend entry permit

36

s.520 - Application for an affected member certificate

1

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

247

s.533 - Application for an FWC Order

1

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

10

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

221

s.739 - Application to deal with a dispute

1,452

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

49

s.768BA - Application for an order about coverage for transferring employees under a state instrument

2

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

146

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

1

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

782

s.789GV - Application to deal with a dispute under Part 6-4C

291

Fair Work (Registered Organisations) Act 2009

257

RO Act - Education activities - FWC

1

RO Act - Request for advice and assistance – FWC

137

s.18(b) RO Act - Application for registration by an association of employees

1

s.18(c) RO Act - Application for registration by an enterprise union

2

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

4

s.94(1) RO Act - Application for ballots for withdrawal from amalgamated organisation

1

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

7

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

2

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

1

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

95

s.180 RO Act - Conscientious Objection to Membership of Organisations

3

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

1

s.249(3) RO Act - Application for revoke certificate

1

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

151

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-base transitional instrument

7

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

43

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

83

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

16

Sch. 5, Item 9 - Application for an order remedying reduction in take-home pay resulting from a modern award

1

Work Health and Safety Act 2011

77

s.131 WHS Act - Application for a WHS entry permit

77

Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021

1

cl.48, Schedule 1 of the Fair Work Act 2009

1

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

185

Request for a Board of Reference

185

Workplace Relations Act 1996

2

s.170LW - Pre-reform Act – Application for settlement of dispute (certified agreement)

1

s.709 - Application to FWC to have a dispute resolution process conducted (Div 5)

1

Grand total

29,631

FWC = Fair Work Commission, ROA = Registered Organisations Act, WHS Act = Work Health and Safety Act

Table C4: JobKeeper Applications by Subject Matter

Subject matter

2020-21

Wage condition or minimum payment guarantee (ss.789GDA, 789GDB)

68

JobKeeper enabling stand down (s.789GDC)

70

Duties of work (s.789GE)

16

Location of work (s.789GF)

19

Days, times of work etc (s.789GG)

40

Taking paid annual leave (s.789GJ)

41

Secondary employment, training for professional development (s.789GU)

6

Matters that appear to be outside Part 6-4C

130

Period of service, accrual of leave, redundancy instead of notice1

3

Legacy: Days, times of work etc (s.789GJD)1

2

Legacy: JobKeeper enabling stand down (s.789GJA)1

5

Legacy: Location of work (s.789GJC) 1

1

1. These provisions were introduced within Part 6-4C of the Fair Work Act 2009 on 28 September 2020.

Table C5: JobKeeper Applications – finalisations

Outcome

2020-21

Application withdrawn

160

Resolved at conciliation or mediation

125

Finalised by decision

22

Finalised by administrative dismissal (s.587)

16

Finalised at arbitration: resolved

1

Finalised at arbitration: Setting aside JobKeeper direction

2

Finalised at arbitration: Substituting JobKeeper direction

2

Finalised by arbitration: Orders JobKeeper direction desirable

1

Total finalisations

307

Tables for ‘Management and accountability’

Table C6: Details of accountable authority during the reporting period

Name

Period as the accountable authority or member

Position Title/Position held

Date of Commencement

Date of cessation

Bernadette O’Neill

General Manager

1/07/2020

05/04/2021

Murray Furlong

Acting General Manager

06/04/2021

30/06/2021

Table C7: Ongoing employees by location as at 30 June 2021

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

NSW

10

0

10

26

3

29

39

QLD

9

1

10

11

1

12

22

SA

5

0

5

4

2

6

11

TAS

0

0

0

2

2

4

4

VIC

48

3

51

81

27

108

159

WA

1

0

1

8

1

9

10

ACT

4

1

5

2

0

2

7

NT

0

0

0

3

0

3

3

Total

77

5

82

137

36

173

255

Table C8: Non-Ongoing employees by location as at 30 June 2021

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

NSW

5

0

5

6

2

8

13

QLD

0

0

0

3

0

3

3

SA

2

0

2

0

0

0

2

TAS

0

0

0

0

0

0

0

VIC

4

1

5

14

2

16

21

WA

3

0

3

1

1

2

5

ACT

0

0

0

0

0

0

0

NT

0

0

0

0

0

0

0

Total

14

1

15

24

5

29

44

Table C9: Ongoing employees by location as at 30 June 2020 (Prior Reporting Period)

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

NSW

10

0

10

23

2

25

35

Qld

8

1

9

7

1

8

17

SA

5

0

5

4

2

6

11

Tas

0

0

0

0

2

2

2

Vic

52

3

55

78

24

102

15 7

WA

1

0

1

7

1

8

9

ACT

2

0

2

2

0

2

4

NT

0

0

0

3

0

3

3

Total

78

4

82

124

32

156

238

Table C10: Non-Ongoing employees by location as at 30 June 2020 (Prior Reporting Period)

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

NSW

9

0

9

6

0

6

15

Qld

1

0

1

2

1

3

4

SA

1

0

1

2

0

2

3

Tas

0

0

0

1

0

1

1

Vic

8

1

9

21

4

25

34

WA

2

0

2

1

0

1

3

ACT

0

0

0

3

0

3

3

NT

0

0

0

0

0

0

0

Total

21

1

22

36

5

41

63

Table C11: Ongoing employees by classification as at 30 June 2021

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

SES 1

1

0

1

1

0

1

2

EL 2

10

2

12

13

2

15

27

EL 1

10

2

12

17

8

25

37

APS 6

21

1

22

37

11

48

70

APS 5

21

0

21

41

8

49

70

APS 4

13

0

13

26

6

32

45

APS 3

0

0

0

2

0

2

2

APS 2

1

0

1

0

1

1

2

APS 1

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

77

5

82

137

36

173

255

Table C12: Non-Ongoing employees by classification as at 30 June 2021

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

SES 1

0

0

0

0

0

0

0

EL 2

0

0

0

0

0

0

0

EL 1

0

0

0

3

0

3

3

APS 6

1

0

1

1

0

1

2

APS 5

11

1

12

16

5

21

33

APS 4

2

0

2

4

0

4

6

APS 3

0

0

0

0

0

0

0

APS 2

0

0

0

0

0

0

0

APS 1

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

14

1

15

24

5

29

44

Table C13: Ongoing employees by classification as at 30 June 2020 (Prior Reporting Period)

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

SES 1

2

0

2

1

0

1

3

EL 2

10

3

13

14

1

15

28

EL 1

10

0

10

14

7

21

31

APS 6

23

0

23

38

14

52

75

APS 5

17

1

18

35

1

36

54

APS 4

15

0

15

20

8

28

43

APS 3

0

0

0

1

0

1

1

APS 2

1

0

1

1

1

2

3

APS 1

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

78

4

82

124

32

156

238

Table C14: Non-ongoing employees by classification as at 30 June 2020 (Prior Reporting Period)

Male

Female

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

SES 1

0

0

0

0

0

0

0

EL 2

0

0

0

0

0

0

0

EL 1

0

0

0

0

1

1

1

APS 6

1

0

1

1

0

1

2

APS 5

14

1

15

24

2

26

41

APS 4

6

0

6

11

2

13

19

APS 3

0

0

0

0

0

0

0

APS 2

0

0

0

0

0

0

0

APS 1

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

21

1

22

36

5

41

63

Table C15: Employees by employment status as at 30 June 2021

Ongoing

Non-Ongoing

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

SES 1

2

0

2

0

0

0

2

EL 2

23

4

27

0

0

0

27

EL 1

27

10

37

3

0

3

40

APS 6

58

12

70

2

0

2

72

APS 5

62

8

70

27

6

33

103

APS 4

39

6

45

6

0

6

51

APS 3

2

0

2

0

0

0

2

APS 2

1

1

2

0

0

0

2

APS 1

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

214

41

255

38

6

44

299

Table C16: Employees by employment status as at 30 June 2020 (Prior Reporting Period)

Ongoing

Non-Ongoing

Total

Full-time

Part-time

Total

Full-time

Part-time

Total

SES 1

3

0

3

0

0

0

3

EL 2

24

4

28

0

0

0

28

EL 1

24

7

31

0

1

1

32

APS 6

61

14

75

2

0

2

77

APS 5

52

2

54

38

3

41

95

APS 4

35

8

43

17

2

19

62

APS 3

1

0

1

0

0

0

1

APS 2

2

1

3

0

0

0

3

APS 1

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

202

36

238

57

6

63

301

Table C17: Employment type by location as at 30 June 2021

Ongoing

Non-Ongoing

Total

NSW

39

13

52

Qld

22

3

25

SA

11

2

13

Tas

4

0

4

Vic

159

21

180

WA

10

5

15

ACT

7

0

7

NT

3

0

3

Total

255

44

299

Table C18: Employment type by location as at 30 June 2020 (Prior Reporting Period)

Ongoing

Non-Ongoing

Total

NSW

35

15

50

Qld

17

4

21

SA

11

3

14

Tas

2

1

3

Vic

157

34

191

WA

9

3

12

ACT

4

3

7

NT

3

0

3

Total

238

63

301

Table C19: APS Indigenous employment

30 June 2021

30 June 2020

Ongoing

1

1

Non-ongoing

0

1

Total

1

2

Table C20: Information about remuneration for key management personnel

Short-term benefits

Post-employment benefits

Other long-term benefits

Termination benefits

Total remuneration

Name

Position title

Base salary

Bonuses

Other benefits and allowances

Superannuation contributions

Long service leave

Other long-term benefits

Justice Iain Ross (AO)1

President

514,980

-

25,981

-

51,498

-

-

592,459

Bernadette O'Neill2

General Manager

308,129

-

-

20,300

7,892

-

-

336,321

Murray Furlong3

Acting General Manager

92,564

-

-

10,234

2,007

-

-

104,805

Total

915,673

25,981

30,534

61,397

1,033,585

1. The President is eligible for a pension under the Judges’ Pension Scheme (JPS) pursuant to the Judges’ Pensions Act 1968. The Fair Work Commission does not contribute towards the cost of the JPS, which is an unfunded defined benefit scheme recorded in the Department of Finance Financial Statements.

2. On the 6 April 2021, Bernadette O’Neill was appointed as a Member of the Commission and resigned as General Manager. The remuneration in the table above is to 5 April 2021.

3. The remuneration of the Acting General Manager is from 6 April 2021.

Table C21: Information about remuneration for senior executives

Short-term benefits

Post-employment benefits

Other long-term benefits

Termination benefits

Total remuneration

Total remuneration bands

Number of senior executives

Average base salary ($)

Average bonuses ($)

Average other benefits and allowances ($)

Average superannuation contributions ($)

Average long service leave ($)

Average other long-term benefits ($)

Average termination benefits ($)

Average total remuneration ($)

$0 - $220,0001

1

65,329

-

-

7,706

1,446

-

-

74,481

$220,001 - $245,0001

1

183,807

-

-

32,847

4,656

-

-

221,310

$245,001 - $270,000

1

229,341

-

-

26,130

5,487

-

-

260,958

$270,001 - $295,000

1

225,149

-

-

45,188

5,924

-

-

276,261

  1. Some of the individuals in this remuneration band have been in these roles for only a portion of the reporting period.

Table C22: Other highly paid employees

Short-term benefits

Post-employment benefits

Other long-term benefits

Termination benefits

Total remuneration

Total remuneration bands

Number of senior executives

Average base salary ($)

Average bonuses ($)

Average other benefits and allowances ($)

Average superannuation contributions ($)

Average long service leave ($)

Average other long-term benefits ($)

Average termination benefits ($)

Average total remuneration ($)

$245,001 - $270,000

1

220,311

-

-

19,892

5,406

-

-

245,609

Table C23: APS employment salary ranges by classification level current reporting period (2020-21)

Minimum ($)

Maximum ($)

SES1

-

234,000

EL2

125,653

147,054

EL1

108,978

117,935

APS6

85,606

98,473

APS5

79,041

83,769

APS4

70,900

76,942

APS3

63,680

68,669

APS2

56,589

61,974

APS1

49,893

51,864

  1. The General Manager determines the salaries of SES employees.

NOTE: The figures reflect base salary only and exclude superannuation and other benefits.