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Fair Work Commission Rules 2024
In force
Administered by
Department of Employment and Workplace Relations
This item is authorised by the following title:
Fair Work Act 2009
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F2024L00379
26 March 2024
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Chapter 1—General procedures
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
6 Calculating number of days
7 Dispensing with rules and orders inconsistent with these Rules
8 Application for directions on procedure
Part 2—Forms and applications
9 Approved forms
10 Discontinuance
Part 3—Representation
11 Notice of nominated representative
12 Notice of lawyer or paid agent acting, or ceasing to act, for person
13 Representation by lawyers and paid agents
14 Notice—proposed representation in a conference or hearing
Part 4—Lodging documents
15 General requirements for lodging documents
16 Lodging documents by email
17 Lodging documents using the FWC’s online lodgment facilities
18 Documents to be signed and dated
19 Lodging documents and notifying under rule 35—employers that are partnerships
20 Information required for witness statements, submissions and certain statutory declarations
Part 5—Serving documents—general requirements
21 Serving documents lodged with the FWC
22 Serving by persons other than the FWC
23 Serving by the FWC
24 Substituted service
Part 6—Procedures for certain orders
25 Order for person to attend
26 Order for production of documents
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Chapter 2—Matters under the Act
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Part 1—National Employment Standards
27 Application for the FWC to deal with a dispute about a change in working arrangements
30 Application for the FWC to deal with a dispute about an extension of a period of unpaid parental leave
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Part 2—Modern awards
31 Application to make, vary or revoke a modern award
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Part 3—Enterprise Agreements
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Division 1—Approval of enterprise agreements
32 Application for approval of an enterprise agreement—other than a greenfields agreement
33 Application for approval of an enterprise agreement—greenfields agreement made under subsection 182(3) of the Act
34 Application for approval of an enterprise agreement—greenfields agreement made under subsection 182(4) of the Act
35 Employer must notify employees of application for approval of an enterprise agreement
36 Documents lodged with an application for approval of an enterprise agreement or a related declaration must be served with the application or declaration
Division 2—Variation of enterprise agreements
37 Application under section 210 of the Act for approval of a variation of an enterprise agreement
38 Application by employer for approval of a variation of a supported bargaining agreement to add employer and employees
39 Application by employee organisation for a variation of a supported bargaining agreement to add employer and employees
40 Application by employer for approval of a variation of cooperative workplace agreement to add employer and employees
41 Application by employer for approval of a variation of a single interest employer agreement to add employer and employees
42 Application by employee organisation for approval of a variation of a single interest employer agreement to add employer and employees
43 Application for approval of a variation of a multi enterprise agreement to remove employer and employees
44 Documents lodged with an application about a variation of an enterprise agreement or a related declaration must be served with the application or declaration
Division 3—Termination of enterprise agreements
45 Application for approval of the termination of an enterprise agreement
46 Application for the termination of an enterprise agreement after its nominal expiry date
Division 4—Bargaining
47 Application for a bargaining order
48 Application for a scope order
49 Application for the FWC to deal with a bargaining dispute
50 Application for a supported bargaining authorisation
51 Application for a variation of a supported bargaining authorisation to remove or add an employer
52 Application for a single interest employer authorisation
53 Application for a variation of a single interest employer authorisation to remove or add an employer
Part 4—Regulated labour hire arrangement orders
Part 5—Transfer of business
63 Application for orders in relation to transfer of business
Part 6—Fixed term contracts
64 Application for the FWC to deal with a dispute about fixed term contracts
Part 7—General protections, unfair dismissal and unlawful termination
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Division 1—General protections
65 Response to a general protections application
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Division 2—Unfair dismissal
66 Employer response to an unfair dismissal application
67 Order for security for payment of unfair dismissal matter costs
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Division 3—Unlawful termination
68 Employer response to an unlawful termination FWC application
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Division 4—General rules
69 Telephone applications—application under section 365 of the Act, unfair dismissal application or unlawful termination FWC application
70 Two or more applications concerning the same or substantially similar conduct
71 Service of applications by the FWC
72 Accompanying documents must be served with response to application
Part 8—Industrial action
73 Application for an order to stop etc. unprotected industrial action
74 Application for an order suspending or terminating protected industrial action
75 Application for an order extending a suspension of protected industrial action
76 Application for a protected action ballot order
77 Application to vary or revoke a protected action ballot order
78 Application to extend the 30 day period for protected action
79 Application for an order in relation to partial work bans
Part 9—Right of entry
80 Application for an order for access to non member records
81 Application for an entry permit
82 Application for an affected member certificate
Part 10—Sexual harassment and bullying
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Division 1—Sexual harassment in connection with work
83 Making a sexual harassment FWC application
84 Response to a sexual harassment FWC application
85 Order for joinder or withdrawal of parties to disputes commenced by a sexual harassment FWC application
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Division 2—Bullying at work
86 Response to an application for an order to stop bullying at work
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Division 3—Sexual harassment at work (continued application of section 789FC of the Act)
87 Response to an application for an order to stop sexual harassment at work
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Division 4—General rules
88 Service by the FWC of sexual harassment and bullying applications
Part 11—Regulated workers
Part 12—Disputes under dispute procedures in awards, enterprise agreements etc.
119 Application for the FWC to deal with a dispute
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Chapter 3—Matters under other Acts
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Part 1—Matters under the Transitional Act
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Division 1—Termination of transitional instruments
120 Application for approval of the termination of a collective agreement based transitional instrument
121 Application for the termination of a collective agreement based transitional instrument after its nominal expiry date
122 Application for approval of the termination of an individual agreement based transitional instrument
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Division 2—Disputes relating to the continued operation of the Workplace Relations Act 1996
123 Application for the FWC to deal with a dispute
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Part 2—Matters under the Registered Organisations Act
124 Application for registration of an organisation
125 Application for a representation order
126 Application for a conscientious objection certificate
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Part 3—Matters under the Work Health and Safety Act 2011
127 Application for a WHS entry permit
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Chapter 4—Appeals and reviews
128 Appeals
129 Application for review by Minister
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Chapter 5—Miscellaneous
130 Access to certain applications and declarations
131 Recovery of the FWC’s costs for copies of documents
132 Seal of the FWC
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Chapter 6—Application, saving and transitional provisions
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Part 1—Transition from the Fair Work Commission Rules 2013
133 Transition from the Fair Work Commission Rules 2013
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Schedule 1—Serving documents lodged with the FWC
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1 Instructions for serving documents lodged with the FWC
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Schedule 2—Repeals
Fair Work Commission Rules 2013