The Fair Work Commission (FWC) rules regulate the work of the Fair Work Commission. They include the procedures and requirements for filing and serving applications and responses in the various types of employment disputes under the Fair Work Act 2009 (FWA) and other legislation.
There are new FWC rules from 27 March 2024. The Fair Work Commission Rules 2024 (Cth) have replaced the Fair Work Commission Rules 2013 (Cth).
The new FWC rules remake and update the 2013 version. In addition to updates for some amended legislation and procedure, the rules have been substantially rearranged and renumbered.
There are now separate chapters of the rules for matters under the FWA, matters under other legislation, and for appeals and reviews.
The chapter for FWA matters is divided into separate parts that accord with all the areas of possible applications under the Act:
- National Employment Standards;
- Modern awards;
- Enterprise agreements;
- Regulated labour hire arrangement orders;
- Transfer of business;
- Fixed term contracts;
- General protections, unfair dismissal and unlawful termination;
- Industrial action;
- Right of entry;
- Sexual harassment and bullying;
- Regulated workers; and
- Disputes under dispute procedures in awards, enterprise agreements et cetera.
The requirements for service of applications and responses are now all contained within Schedule 1 to the new rules.
The transitional provisions provide that the new FWC rules apply to new matters and to any step in a matter already on foot, however the FWC can order that the previous rules continue to apply to a matter already on foot.
The By Lawyers Employment Law guide has been updated accordingly.