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Fair Work Commission Rules 2013
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Administered by
Department of Employment and Workplace Relations
This item is authorised by the following title:
Fair Work Act 2009
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F2023C00727 (C08)
03 August 2023
-
26 March 2024
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Table of contents
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Part 1—Preliminary
1 Name of Rules
3 Authority
5 Definitions
6 Dispensing with rules and orders inconsistent with rules
7 Application for directions on procedure
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Part 2—Forms and applications
8 Approved forms
9 Telephone applications
10 Discontinuance
10A Making of sexual harassment FWC applications
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Part 3—Representation
11 Notice—lawyer or paid agent acting, or ceasing to act, for person in relation to matters before Commission
12 Representation by lawyers and paid agents
12A Notice—proposed representation in a conference or hearing
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Part 4—Lodging documents: general requirements
13 General requirements for lodging documents
14 Lodging documents by email
15 Lodging documents using the Commission’s electronic lodgment facilities
16 Lodging documents by fax
17 Documents to be signed and dated
17A Declarations and notifications by employers that are partnerships
18 Information required for witness statements, submissions and certain statutory declarations
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Part 5—Lodging documents: specific requirements
19 Employer response to unfair dismissal application
20 Objection to unfair dismissal application on jurisdictional or other grounds
21 Response to a general protections application
21A Response to a sexual harassment FWC application
22 Employer response to an unlawful termination application
23 Two or more applications concerning the same or substantially similar conduct
23A Response to an application for an order to stop bullying or sexual harassment
24 Application for approval of an enterprise agreement
25 Application for approval of variation of an enterprise agreement
26 Application for approval of termination of an enterprise agreement or collective agreement based transitional instrument
27 Application for approval of termination of individual agreement based transitional instrument
28 Application for a bargaining order
29 Application for a scope order
30 Application for a serious breach declaration
31 Application for a protected action ballot order
32 Application for an order extending a suspension of protected industrial action
33 Application for an order in relation to partial work bans
34 Application for orders in relation to transfer of business
34A Application for an order for access to non member records
35 Application for an affected member certificate
36 Application for the Commission to deal with a dispute
37 Application for a take home pay order
38 Conscientious objection certificate
39 Application for registration of an organisation
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Part 6—Enterprise agreements
40 Employer must notify employees of application for approval of an enterprise agreement
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Part 6A—Access to documents
40A Access to certain applications and declarations
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Part 7—Service of documents: general requirements
41 Requirement to serve documents lodged with the Commission
42 How service is effected by parties
43 How service is effected by the Commission
44 Substituted service
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Part 8—Service of documents in specific circumstances
45 Service of applications by the Commission
46 Documents to be served with employer response or objection
47 Application for termination of individual agreement based transitional instrument
48 Response to an application for the Commission to deal with a dispute under section 739
49 Application to vary a modern award
50 Application for a representation order
51 Application for entry permit or WHS entry permit
52 Appeals
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Part 9—Procedures for certain orders
53 Order for witness to attend
54 Order for production of documents
55 Order for security for payment of unfair dismissal matter costs
55A Order for joinder or withdrawal of parties to disputes commenced by sexual harassment FWC applications
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Part 10—Appeals and reviews
56 Appeals
57 Application for review by Minister
58 Other reviews
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Part 11—Miscellaneous
59 Seal of the Commission
60 Recovery of the Commission’s costs for copies of documents
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Part 12—Transitional arrangements
61 Transition from the Fair Work Australia Rules 2010
62 Application of amendments made by the Fair Work Commission Amendment (Greenfields Agreements and Other Measures) Rule 2016
63 Application of amendments made by the Fair Work Commission Amendment (Entry Permits and Other Measures) Rules 2019
64 Application of amendments made by the Fair Work Commission Amendment (Miscellaneous Measures) Rules 2020
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Schedule 1—Instructions as to service
1 Instructions as to service
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history