Australian

Industrial Relations

Commission -

AIRC, now known as Fair Work Australia

The Australian Industrial Relations Commission (AIRC) now Fair Work Australia is an independent, national tribunal dealing with employment issues including industrial dispute resolution, unfair and unlawful dismissals, awards & industrial action.

Most people who will be reading this page are concerned with their rights regarding unfair or unlawful dismissal, notice claims and in many occasions all three.

The Fair Work Australia is the Federal jurisdiction that deals with these cases. There are also state bodies that deal with some matters, it is important that your claim is lodged in the right place. (call us if your not sure)

When is a dismissal unfair?

A dismissal is unfair if it is:br /> · harsh, unjust or unreasonable.
· for an invalid reason.
There are certain classes of employees who are excluded from these unfair dismissal provisions.

Lodging an application for reinstatement

Employees are able to lodge an application for reinstatement with the AIRC (Australian Industrial Relations Commission) now Fairwork Australia. Applications must be lodged within fourteen (14) days of the date of termination. Determining which Commission you lodge your application with is dependent upon whether you are covered under the state or federal jurisdiction. You may need to do some research on this or call us.

However, in special circumstances extensions may be granted on application to the Commission. (FWA)Representatives can also apply to the Commission on behalf of the employee.

What Fair Work Australia (FWA) do?

If the FWA considers that an employee has been unfairly dismissed, the FWA may make the following orders to:
· reinstate the employee to the position they held immediately before their dismissal; or
· re-employ the employee in any other position that the employer has available and that the Commission considers suitable; or
· compensate the employee if reinstatement or re-employment is not practical - up to a maximum of 6 months wages.
Visit our resource page on the unfair dismissal procedures when lodging an application for reinstatement.

Giving an employee notice of termination

Employees must be given proper notice before they are dismissed (except in cases of serious misconduct or where payment in lieu of notice is given to the employee). The period of notice depends on how long an employee has been employed.

The Fair Work Australia Act specifies minimum notice periods to be given by an employer to an employee. If an employee is covered by an award or agreement that provides for a notice period less than that contained in the Act, then the notice period prescribed by the Act must be given if that employee is dismissed. The FWA can not address issues of unpaid notice. (call us to discuss this)

Visit our resource page on how much notice must be given when terminating an employment contract.