The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA),
is the
Australia
Australia, officially the Commonwealth of Australia, is a sovereign
''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the L ...
n
industrial relations tribunal created by the ''
Fair Work Act 2009'' as part of the
Rudd Government's reforms to industrial relations in Australia.
Operations commenced on 1 July 2009. It is the successor of the
Australian Industrial Relations Commission, and also performs functions previously performed by the
Workplace Authority and the
Australian Fair Pay Commission
The Australian Fair Pay Commission was an Australian statutory body that existed from 2006 to 2009. It was created under the Howard Government's "''WorkChoices''" industrial relations laws in 2006 to set the minimum pay for workers. Established t ...
.
The office of President of the Fair Work Commission is currently vacant since the retirement on 18 November 2022 of
Iain Ross; Vice President Adam Hatcher is currently acting as President.
, it operates under the portfolio of the
Australian Attorney-General, the Hon
Mark Dreyfus MP.
The general manager of the FWC is Murray Furlong, who was appointed in October of 2021.
FWC's functions include the setting and varying
industrial award
An industrial award, sometimes known simply as an award, is a ruling in Australia handed down by either the national Fair Work Commission (or its predecessor) or by a state industrial relations commission which grants all wage earners in one indu ...
s,
minimum wage
A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Bec ...
fixation, dispute resolution, the approval of enterprise agreements, and handling claims for unfair dismissal.
Role
FWC is an independent workplace relations tribunal with the power and authority to regulate and enforce provisions relating to
minimum wages and employment conditions,
enterprise bargaining,
industrial action
Industrial action (British English) or job action (American English) is a temporary show of dissatisfaction by employees—especially a strike action, strike or slowdown or working to rule—to protest against bad working conditions or low pay a ...
, dispute resolution, and termination of employment.
The ''Fair Work Act'' is an attempt to create a more national system for regulating industrial relations in Australia. Each state has the discretion to hand over some or all of their industrial relations powers to the Commonwealth, and should a state decide to refer their powers to a centralized and national industrial relations system, all the employees of that state would effectively be covered by the national ''Fair Work Act''. The FWC has taken over the roles of the
Australian Industrial Relations Commission (AIRC) in matters of workplace disputes and industrial actions. It is also involved in the process of determining national industrial relations policies, including setting minimum wages and regulating the award system. Since the introduction of the ''Fair Work Act'', all states except Western Australia have referred their powers to the Commonwealth.
Structure
When originally founded, all FWC members were previously members of the Australian Industrial Relations Commission. The FWC has a President (currently vacant), two Vice Presidents, a number of Deputy Presidents and Commissioners. The General Manager reports to the President and is responsible for administration. This position replaced the Industrial Registrar. The inaugural President was
Justice Giudice. He retired from this position in February 2012, and was succeeded by former Victorian Supreme Court judge
Iain Ross who served from 2012 to 2022.
FWC has members based in Melbourne (M), Sydney (S),
Brisbane (B),
Newcastle (N),
Perth (P),
Adelaide (A) and
Canberra (C). The members of the FWC, as at 21 November 2021, are:
President
* (currently vacant)
Vice presidents
*Vice President A Hatcher (S) - currently Acting President
*Vice President J Catanzariti (S)
Deputy presidents
*Deputy President I Asbury (B)
*Deputy President VP Gostencnik (M)
*Deputy President M Binet (P)
*Deputy President WR Clancy (M)
*Deputy President LE Dean (C)
*Deputy President P Anderson (A)
*Deputy President AC Colman (M)
*Deputy President I Masson (M)
*Deputy President A Beaumont (P)
*Deputy President A Millhouse (M)
*Deputy President T Saunders (S/N)
*Deputy President N Lake (B)
*Deputy President G Boyce (S)
*Deputy President B Cross (S)
*Deputy President A Mansini (M)
*Deputy President J Young (M)
*Deputy President MJ Easton (S)
*Deputy President A Bell (M)
*Deputy President T Dobson (B)
*Deputy President PJ Hampton (A)
*Deputy President BM O'Neill (M)
Commissioners
*Commissioner PJ Spencer (B)
*Commissioner BD Williams (P)
*Commissioner DS McKenna (S)
*Commissioner IW Cambridge (S)
*Acting Commissioner MP Bissett (M)
*Commissioner CF Simpson (B)
*Commissioner T Lee (M)
*Commissioner B Riordan (S)
*Commissioner LAT Johns (S)
*Commissioner NP Wilson (M)
*Commissioner T Cirkovic (M)
*Commissioner C Platt (A)
*Commissioner K Harper-Greenwell (M)
*Commissioner J Hunt (B)
*Commissioner S McKinnon (M)
*Commissioner L Yilmaz (M)
*Commissioner
S Mirabella (M)
*Commissioner P Ryan (S)
*Commissioner A Matheson (S)
*Commissioner P Schneider (P)
Additional members
Additional members are dual appointees with other bodies, or sit part-time as expert panel members:
*Deputy President DJ Barclay (Hobart, also President of the Tasmanian Industrial Commission)
*The Hon
Martin Ferguson AM (Expert Panel Member)
*Adele Labin-Romain (Expert Panel Member)
*Professor Mark Wooden (Expert Panel Member)
See also
*
Australian labour law
*
Fair Work Ombudsman
*
Australian Building and Construction Commission
References
{{reflist
External links
Official websiteFair Work Ombudsman Award Finder websiteFair Work Infoline websiteWhat is the Fair Work Act?
Australian labour law
Commonwealth Government agencies of Australia
2009 establishments in Australia
Commonwealth of Australia courts and tribunals
Leave of absence
Labour relations organisations in Australia
Labor relations boards
Courts and tribunals established in 2009