What Is the Fair Work Commission?
The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. It plays a central role in the Australian industrial relations system by overseeing employment conditions, resolving workplace disputes, and setting the minimum standards that govern how employees are treated at work.
Established under the Fair Work Act 2009, the Commission is an independent body that provides services to employers, employees, unions, and employer organisations across the country.
Visit the Fair Work Commission.
What Does the Fair Work Commission Do?
The Fair Work Commission performs a broad range of workplace functions, including:
- Award reviews and updates: The FWC sets and reviews modern awards, which outline the minimum wages and working conditions for different industries and roles.
- National Minimum Wage determinations: Each year, the Commission reviews the national minimum wage and makes adjustments based on economic indicators and public submissions.
- Enterprise Agreement approval: The FWC approves enterprise bargaining agreements (EBAs) to ensure they meet the Better Off Overall Test and comply with minimum standards.
- Unfair dismissal hearings: If an employee believes they were dismissed unfairly, they can apply to the FWC for resolution.
- General protections claims: The Commission hears cases where an employee alleges they were treated unfairly for exercising a workplace right.
- Dispute resolution: Many awards and agreements contain clauses that direct disputes to be settled through the Commission.
- Flexible work and transfer of business applications
- Industrial action approvals and protected action ballots
Who Can Apply to the Fair Work Commission?
The Commission provides services for:
- Employees, including part-time, full-time, and casual staff
- Employers and business owners
- HR professionals and payroll managers
- Unions and employer associations
- Legal representatives or industrial advocates
Applications to the Commission are usually submitted online through its portal and are governed by strict timeframes. For example, an unfair dismissal claim must generally be lodged within 21 days of termination.
Why the FWC Matters to Employers
Understanding the role of the Fair Work Commission is critical for employers who want to:
- Stay compliant with national workplace laws
- Navigate termination procedures lawfully
- Create or negotiate enterprise agreements
- Defend against or avoid unfair dismissal claims
- Ensure their payroll aligns with the latest award updates and wage decisions
Non-compliance can result in serious legal and financial consequences, especially in relation to underpayment of wages or breaches of the Fair Work Act.
Recent Fair Work Commission Activity
The FWC is active year-round, but notable events include:
- Annual Wage Review: Typically released each June, this review determines the new National Minimum Wage and minimum award wages for the coming financial year.
- Award modernisation projects: Ongoing reviews to simplify and improve Australia’s award system.
- Case law developments: High-profile decisions often reshape how key elements like casual employment, redundancy, and flexible work requests are interpreted.
How Microkeeper Supports FWC Compliance
Microkeeper helps employers meet their obligations under Fair Work legislation by:
- Automating award interpretation, ensuring correct pay rates
- Applying minimum wage updates across your employee base
- Storing accurate payroll records to support potential FWC audits or dispute resolution
- Generating detailed timesheets that help defend unfair dismissal or underpayment claims
- Keeping payroll aligned with NES and award entitlements
See how Microkeeper simplifies Fair Work compliance.
FAQs About the Fair Work Commission
Is the Fair Work Commission the same as the Fair Work Ombudsman?
No. The FWC is the decision-making tribunal, while the Fair Work Ombudsman enforces workplace laws, investigates complaints, and provides advice.
Do all employers need to follow Fair Work Commission rulings?
Yes, if you're a national system employer—which includes most private-sector employers—you must comply with the FWC's rulings and regulations.
Can the FWC force changes to a workplace agreement?
Yes. The FWC can intervene if an enterprise agreement no longer meets the minimum standards or is not being followed correctly.
Final Thoughts
The Fair Work Commission is a vital institution that shapes the workplace rules and dispute resolution pathways for Australian businesses. For employers, understanding how it operates—and aligning your HR and payroll practices accordingly—is key to managing risk and building fair, compliant workplaces. With tools like Microkeeper, businesses can streamline compliance and focus on what they do best.
Disclaimer: This article is for general information only and is not legal advice. For formal guidance, consult the Fair Work Commission or a workplace relations expert.
