Glossary
Annual performance statements | Statements prepared by the accountable authority of a Commonwealth entity in accordance with s.39 of the PGPA Act that acquit a Commonwealth entity’s actual performance against planned performance described in the entity’s corporate plan. |
Applicant | The party who lodged an application with the Commission. |
Arbitration | A process in which the Commission determines a grievance or dispute by imposing a binding settlement. The Commission has powers of compulsory arbitration as well as offering arbitration by consent, where permitted by the Fair Work Act. |
Conciliation | One of the informal processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them to reach an agreement. |
Constitutional corporation | Defined under the Fair Work Act as ‘a corporation to which paragraph 51(xx) of the Constitution applies’. |
Constitutionally covered business | A person conducting a business or undertaking, conducted principally in a territory or Commonwealth place, or where the person conducting the business or undertaking is: a constitutional corporation the Commonwealth a Commonwealth authority, or a body corporate incorporated in a territory. |
Corporate plan | A plan setting out the objectives, capabilities and intended results over a four-year period, in accordance with its stated purposes, required of Commonwealth entities under the PGPA Act. |
Dispute resolution | The process conducted by the Commission, arising from the dispute resolution procedure in awards, agreements or the Fair Work Act, for resolving disputes. |
Dispute resolution procedure | The procedure specified in a modern award or enterprise agreement for the resolution of disputes arising under the award or agreement and in relation to the National Employment Standards. If no procedure is specified, a model dispute resolution procedure specified in the Fair Work Act is deemed to apply. |
Enterprise agreement | A legally enforceable agreement that covers the employment conditions of a group of employees and their employer. |
Fair Work Act 2009 | The principal Commonwealth law governing Australia’s workplace relations system. |
Fair Work Commission Rules | A legislative instrument made under the Fair Work Act setting out rules and procedural requirements for matters heard by the Commission. |
Fair Work (Registered Organisations) Act 2009 | Legislation regulating federally registered unions and employer organisations, including their registration and rules. |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 | The legislation that governs transitional arrangements in connection with commencement of the Fair Work Act on 1 July 2009 and other related matters. |
Full Bench | A Full Bench is convened by the President of the Commission and comprises at least three Commission Members, one of whom must be either the President, a Vice President or a Deputy President. Full Benches are convened to hear appeals and other matters specified in the Fair Work Act. |
General protections | General workplace protections are specified in the Fair Work Act and include freedom of association; protection from discrimination and sham contracting; and the ability to exercise, or to not exercise, workplace rights. |
Individual flexibility arrangement | An agreement between an employer and an individual employee that modifies the application of a modern award or enterprise agreement. The individual flexibility arrangement must satisfy the better off overall test. There is no requirement to register an individual flexibility arrangement. |
Key performance indicator | A type of performance measurement (based on qualitative or quantitative data) used in assessing the efficiency or effectiveness of activities in achieving purposes. |
Mediation | One of the informal processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them to reach an agreement. Conciliation is another informal technique used. |
Modern award | An award created by the Commission. Modern awards came into effect on 1 January 2010. Modern awards are expressed to cover entire industries and/ or occupations, and include terms that complement the National Employment Standards. The Commission must ensure that, together with the standards, modern awards provide a fair and relevant minimum safety net. |
National Employment Standards | A set of 11 minimum employment standards that came into effect on 1 January 2010 and apply to all employees within the federal system. An additional standard was added on 27 March 2021. |
National minimum wage order | The order specifying a minimum wage for all national system employees, a casual loading for award-free and agreement-free employees, and special minimum wages for junior employees, trainees and employees with a disability. |
Party | An applicant or a respondent to a proceeding before the Commission. |
Portfolio budget statements | Statements that inform Parliament and the public of the proposed allocation of resources to government outcomes. They also assist the Senate standing committees with their examination of the government’s Budget. |
Protected action ballot | A secret ballot allowing employees who are directly concerned to vote on whether or not they authorise industrial action to advance the claims for their proposed enterprise agreement. |
Registration | The process by which unions and employer associations formally register as industrial organisations under the Registered Organisations Act. |
Respondent | A party to a matter who is responding to an application initiated by an applicant. |
Right of entry | The legal right of union officials to enter business premises under certain conditions for purposes described in the Fair Work Act or the Work Health and Safety Act 2011. |
Right of entry permit | A permit issued by the Commission to an official of a union under either the Fair Work Act or the Work Health and Safety Act 2011. |
Visit
https://www.transparency.gov.au/annual-reports/fair-work-commission/reporting-year/2020-21-18