Innovation and transformation

We’ve applied plain language techniques to several high-use Awards and forms.

‘The objective has been to produce redrafted modern awards that can be read by an employer or employee without needing a history lesson or paid advocate to interpret how the award applies in the workplace.’ [2015] FWCFB 4658 at [6]-[7].

We understand that self-represented parties may need extra guidance during proceedings, and have created submission templates and determinative conferences to assist them in the process. This work remains ongoing.

As part of our commitment to accountability and continual improvement, we engage independent advisors to assess and review our work: 

• 2015 - KPMG considered opportunities for improvement to align us with international best practice standards. 
• 2016 - Centre for Innovative Justice, RMIT University, evaluated our pro-bono program, now the Workplace Advice Service.
• 2022 - University of Melbourne’s Centre for Employment and Labour Relations Law analysed our performance against the Council of Australasian Tribunals Australia and New Zealand Tribunal Excellent Framework.

Our Benchbooks provide examples of previous cases and decisions in plain language to help users understand how the Fair Work Act 2009 may apply to their particular case.

We review and update the benchbooks as new cases and decisions become available. The aim is to provide users with the most current information available. Similarly, we develop new benchbooks if our powers are expanded to include new areas of law or jurisdictions.

National Feedback and Complaints Management Framework

Our online learning portal covers workplace matters in an easy, accessible and comprehensive way for our users. Our learning modules include:

• Workplace sexual harassment
• Preparing for an unfair dismissal conciliation
• Interested-based bargaining — a collaborative approach to enterprise bargaining

Support for bargaining and agreement-making – coming later in 2024.

Guided by robust Behavioural Insights and user experience research, our new website aims to be accessible to all users through:

• Updated, easy-to-access information structure based on user research and testing
• Key content areas re-written in plain language
• Enhanced and constantly-refined document search function
• Digital agreement making tools, including smart forms
• Online booking tool for the Workplace Advice Service
• New online lodgement system.

Feb 2022

During the COVID-19 Pandemic and as part of the JobKeeper Scheme the Fair Work Act was amended to:

• enable employers power to temporarily change an employee’s working conditions to deal with the impact of the pandemic
• provide us with powers to deal with JobKeeper disputes.

Within hours of the legislation passing, we developed case management practices, plain language forms, website information and started receiving enquiries. Within a week, we had published a comprehensive Benchbook and established a case management team.

80 per cent of disputes were resolved within 4 days.

Created in 2019, the Modern Awards Pay (MAP) database is a centralised repository for all:

• pay rates
• allowances
• penalties
• overtime.  

The most up-to-date data from the database can be integrated into software products and apps, reducing the risk of underpayments to Australia’s 2.66 million award-reliant employees, as well as assisting employers with award-compliance and avoiding penalties.

In 2015, we undertook the first Australia-wide statistical dataset in two decades linking employee and employer data. 3057 enterprises and 7883 employees voluntarily participated.

The Australian Workplace Relations Study (AWRS) provides information on significant matters affecting employers and their workers in Australia to stakeholders, policy-makers and researchers. The AWRS has informed the Commission’s wage-setting processes (such as Annual Wage Reviews) and General Manager’s Reports.

Then President Justice Ross announced the implementation of timeliness benchmarks for:

• delivery of reserved decisions
• process of agreement approval applications

The introduction of benchmarks saw significant improvement in these key areas. In November 2012 we began publishing these benchmarks to our website. Public reporting is a key accountability measure that continues today. This initiative paved the way for our current performance and data reporting frameworks.