Fair Work Commission

The Fair Work Commission (FWC) is the national industrial tribunal, established under Pt 5-1 of the Fair Work Act 2009 (Cth) (FW Act). The tribunal was formerly known as Fair Work Australia (FWA), and was renamed the FWC as of 1 January 2013.

The FWC is responsible for dealing with a wide range of matters under the FW Act, predominantly through the exercise of dispute resolution powers including mediation, conciliation and (in some instances) arbitration.

The tribunal commenced operation on 1 July 2009, replacing the Australian Industrial Relations Commission (AIRC).

See Fair Work Commission.

Fair Work Ombudsman

The Office of the Fair Work Ombudsman (FWO) is established by Pt 5-2 Div 3 of the Fair Work Act 2009 (Cth) (FW Act), and is made up of:

• • the FWO;
• • staff of the Office of the FWO; and
• • Fair Work Inspectors.

The Office of the FWO is responsible for compliance with and enforcement of the FW Act and related federal laws (including modern awards, enterprise agreements and other instruments made under the FW Act). It also has a focus on providing education and advice to all relevant parties about the Fair Work system.

The Office of the FWO has assumed increased importance in the federal workplace relations system in recent years, with a significant boost in resources aimed at ensuring high levels of compliance with workplace laws.

See Fair Work Ombudsman.

Fair Work Divisions of Federal Court and Federal Circuit Court

Fair Work Divisions of the Federal Court of Australia and Federal Circuit Court of Australia (formerly the Federal Magistrates Court) have jurisdiction in matters relating to federal workplace relations law, as provided for in Pt 4-2 of the FW Act.

Certain state and territory courts also have jurisdiction in some matters under the FW Act and related laws.

See Fair Work Divisions of Federal Court and Federal Circuit Court.

Registered Organisations Commission

The Registered Organisations Commission (ROC) was established under the Registered Organisations Amendment Act 2016 (Cth) (RO Amendment Act) and commenced operation on 1 May 2017.

It is an independent body with responsibility for monitoring and regulating the activities of registered organisations and their office holders. The RO Amendment Act confers broad investigation and information gathering powers on the Commission to ensure that registered oragnisations comply with the statutory requirements.

See Registered Organisations Commission.

Representation of parties before the FWC

Proceedings in the Fair Work Commission (FWC) are meant to be informal, and where possible, non-adversarial. The default position under the FW Act is that parties to a matter before the FWC must normally appear on their own behalf. The FWC’s permission is required for a lawyer or paid agent to represent a party at a conference or hearing, unless an exemption applies.

See Representation of parties before the FWC.