Yes, Australia has employment dispute tribunals. There are many different dispute tribunals which can be used, depending on the circumstances of your case.
The most commonly known tribunals are:
- The Fair Work Commission is the national workplace tribunal that resolves employment disputes, including unfair dismissal and award interpretation.
- NSW Industrial Relations Commission deals with state awards and agreements covering public service employment in state government and local government organisations.
The Fair Work Commission: Australia’s National Employment Tribunal
The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. It is an independent body with significant powers to address various employment-related disputes. The Commission functions in a manner similar to a court, hearing claims and disputes related to workplace matters and delivering binding decisions.
Key Functions of the Fair Work Commission
The Fair Work Commission’s responsibilities include:
- Setting the National Minimum Wage
- Creating and modifying Modern Awards
- Approving enterprise agreements
- Acting as an independent moderator in unfair dismissal and adverse action cases
- Resolving disputes under awards, agreements, or the National Employment Standards
- Determining cases of unfair dismissal, where employees must apply within 21 days of the dismissal taking effect [1]
- Dealing with issues relating to workplace bullying, sexual harassment, discrimination, and flexible working arrangements [2]
- Making orders about industrial action, including protected action ballots and strikes
- Regulating registered organisations such as unions and employer groups
The Commission has the authority to award determinations for employees, such as reinstating jobs or ordering financial compensation in cases of unfair dismissal.
Fair Work Ombudsman vs the Fair Work Commission
It’s important to note that the Fair Work Ombudsman (FWO) is separate from the Fair Work Commission. While both are independent government organisations, they serve different functions:
The Fair Work Ombudsman:
- Provides information and education on pay rates and workplace rights
- Enforces compliance with workplace laws relating to pay
- Investigate breaches and recover underpayments
- Cannot deal with unfair dismissals or make tribunal-like decisions
The FWO deals with underpayments of the Award or the National Minimum Wage. They do not deal with underpayments of a contractual rate of pay above the Award or National Minimum Wage. Nor do they deal with non-payment of commission payments.
Industrial Relations Commission or Court
The Industrial Relations Commission (IRC) is established under the Industrial Relations Act 1996 with conciliation and arbitral functions. The IRC conciliates and arbitrates to resolve industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal.
Most of the matters the NSW Industrial Relations Commission deals with are related to state awards and agreements covering public service employment in state government and local government organisations. This includes nurses and educators in the public system.
Australian Human Rights Commission
The Australian Human Rights Commission (AHRC) can investigate and resolve complaints of discrimination, harassment and bullying based on a person’s criminal record, trade union activity, political opinion, religion or social origin. These grounds only apply in the area of employment.
State-Level Employment Tribunals
In addition to the national system, several states have their own employment tribunals:
South Australian Employment Tribunal (SAET)
SAET handles employment disputes for workers employed by the South Australian State Government, State Government business enterprises, or the local government sector. It defines unfair dismissal as “harsh, unjust or unreasonable” and requires applications to be filed within 21 days of dismissal [3].
Western Australian Industrial Relations Commission (WAIRC)
WAIRC deals specifically with industrial relations matters in Western Australia for state public sector employees and other entities under the state system.
Other State and Territory Tribunals
Several states and territories have civil and administrative tribunals that can handle employment disputes, including those in the Australian Capital Territory, Queensland, Victoria, and Western Australia. For example:
- Victorian Civil and Administrative Tribunal (VCAT)
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- VCAT resolves disputes in Victoria across areas such as residential tenancy, planning, consumer disputes, guardianship, and employment matters.
- New South Wales Civil and Administrative Tribunal (NCAT)
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- NCAT handles disputes in New South Wales related to tenancy, consumer issues, guardianship, discrimination complaints, and workplace matters.
- Queensland Civil and Administrative Tribunal (QCAT)
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- QCAT addresses disputes in Queensland involving administrative law, building issues, consumer complaints, tenancy disputes, and employment-related matters.
- South Australian Civil and Administrative Tribunal (SACAT)
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- SACAT deals with disputes in South Australia, including tenancy matters, mental health issues, guardianship cases, and administrative reviews.
- Tasmanian Civil and Administrative Tribunal (TasCAT)
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- TasCAT resolves disputes related to tenancy agreements, consumer issues, guardianship cases, and other administrative matters in Tasmania.
- Northern Territory Civil and Administrative Tribunal (NTCAT)
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- NTCAT manages disputes in the Northern Territory across areas like tenancy agreements, guardianship issues, consumer disputes, and workplace-related concerns.
- Australian Capital Territory Civil and Administrative Tribunal (ACAT)
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- ACAT handles disputes in the ACT involving tenancy matters, discrimination complaints, administrative reviews, guardianship cases, and employment-related issues.
Courts in the Employment Dispute System
When disputes cannot be resolved through tribunals, several courts may become involved:
Federal Court of Australia
The Federal Court has jurisdiction over matters arising under the Fair Work Act [4]. It handles employment litigation, including:
- Matters involving the Fair Work Act and related legislation
- Employment-related discrimination cases
- Appeals from decisions of the Administrative Review Tribunal
- Review of Fair Work Commission decisions
Federal Circuit and Family Court of Australia
This court can handle fair work disputes when other resolution methods fail, particularly for smaller claims.
Dispute Resolution Process
The Australian employment dispute resolution system typically follows a tiered approach:
- Workplace-level resolution: Utilising dispute resolution procedures in awards or enterprise agreements
- Mediation or conciliation: Often facilitated by the Fair Work Commission, Industrial Relations Commission and the Australian Human Rights Commission
- Tribunal hearings: Formal hearings at the Fair Work Commission or state tribunals
- Court proceedings: When matters cannot be resolved at the tribunal level
For most people, going to court is the least preferred option, and there is often encouragement to try alternative dispute resolution methods first. Be sure to check out our article on Employment dispute examples for some specific case studies.
Australia has a well-established system of employment dispute tribunals, with the Fair Work Commission serving as the primary national tribunal, complemented by state-specific tribunals and courts. This multi-tiered system aims to provide accessible, fair resolution mechanisms for workplace disputes across the country. Have a question? Contact the employment lawyers from Fair Workplace Solutions, we would be glad to help!
Sources:
[1] https://www.fairwork.gov.au/ending-employment/unfair-dismissal
[3] https://www.saet.sa.gov.au/industrial-and-employment/unfair-dismissal/
[4] https://www.fedcourt.gov.au/?a=19422
