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Australian Labour Law

Fair Work Commission (FWC)

Australia's national workplace relations tribunal — the body that handles unfair dismissal claims, workplace bullying applications, enterprise agreement approvals, and minimum wage determinations.

Legal Definition

The Fair Work Commission (FWC) is Australia's national industrial tribunal, established under the Fair Work Act 2009. It handles: unfair dismissal applications (must be filed within 21 days of dismissal), general protections disputes, workplace bullying orders, modern award reviews, enterprise agreement approval and disputes, and the annual minimum wage review. The FWC is free to approach and encourages early conciliation.

📖 Constitutional / Statutory Basis: Fair Work Act 2009 (Cth)

Practical Example

A Melbourne retail worker is dismissed after 7 months of employment. She believes the dismissal was harsh and unjust. She files an unfair dismissal application with the FWC within 21 days. A conciliation conference is held — the employer offers a settlement. She accepts 6 weeks' pay in lieu of reinstatement.

Frequently Asked Questions

How long do I have to file an unfair dismissal claim with the FWC?
21 days from the date of dismissal. This deadline is strictly enforced — late applications require exceptional circumstances. File immediately if you believe your dismissal was unfair, even before consulting a lawyer.
Is the Fair Work Commission free to use in Australia?
Yes — filing an unfair dismissal application costs $75.30 (2024 fee, waivable for genuine financial hardship). Conciliation is free. Arbitration (if conciliation fails) is also free. Legal representation at the FWC is uncommon in the conciliation stage.

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