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Monday, 17 September 2012
Page: 7129

Fair Work Australia

(Question No. 1991)


Senator Abetz asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 6 August 2012:

(1) For the 2010 11 financial year, how many cases were brought to Fair Work Australia and, in each case, what was its classification i.e. unfair dismissal, adverse action etc.

(2) For each category, how many cases were:

(a) finalised by a decision;

(b) settled;

(c) withdrawn; and

(d) are ongoing.

Senator Ludwig - The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

(1) The following are the number of matters lodged with Fair Work Australia in the 2010-11 Financial Year, as reported in the 2010-11 Annual Report:

Nature of proceedings

No.

Fair Work Act 2009

 

Award grievance procedure

2

Request for a Board of Reference

221

s.120—Application to vary redundancy pay for other employment or incapacity to pay

39

s.157—FWA may vary etc. modern awards if necessary to achieve modern awards objective

1

s.158—Application to vary or revoke a modern award

145

s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

50

s.185—Application for approval of a greenfields agreement

534

s.185—Application for approval of a multi-enterprise agreement

54

s.185—Application for approval of a single-enterprise agreement

6493

s.210—Application for approval of a variation of an enterprise agreement

93

s.217—Application to vary an agreement to remove an ambiguity or uncertainty

50

s.217A—Application to deal with a dispute about variations

1

s.222—Application for approval of a termination of an enterprise agreement

19

s.225—Application for termination of an enterprise agreement after its nominal expiry date

64

s.229—Application for a bargaining order

96

s.236—Application for a majority support determination

93

s.238—Application for a scope order

31

s.240—Application to deal with a bargaining dispute

221

s.242—Application for a low-paid authorisation

1

s.248—Application for a single-interest employer authorisation

22

s.285—Annual wage review

1

s.318—Application for an order relating to instruments covering new employer and transferring employees in agreements

59

s.318—Application for an order relating to instruments covering new employer and transferring employees in awards

2

s.319—Application for an order re instruments covering new employer and non- transferring employees in agreements

9

s.320—Application to vary a transferable instrument an agreement

8

s.365—Application to deal with contraventions involving dismissal

1871

s.372—Application to deal with other contravention disputes

504

s.394—Application for unfair dismissal remedy

12840

s.418—Application for an order that industrial action by employees or employers stop etc.

175

s.423—Application to suspend or terminate protected industrial action significant economic harm etc

8

s.424—Application to suspend or terminate protected industrial action endangering life etc.

17

s.425—Application to suspend protected industrial action, cooling off

11

s.426—Application to suspend protected industrial action, significant harm to a third party

3

s.437—Application for a protected action ballot order

759

s.447—Application for variation of protected action ballot order

9

s.448—Application for revocation of protected action ballot order

61

s.459—Application to extend the 30-day period in which industrial action is authorised by protected action ballot

97

s.472—Application for an order relating to certain partial work bans

4

s.483AA—Application for an order to access non-member records

7

s.505—Application to deal with a right of entry dispute

40

s.507—Application for action to be taken against permit holder

4

s.508—Application to restrict rights if organisation or official has misused permit rights

1

s.510—Upon referral, revoke or suspend an entry permit

8

s.512—Application for a right of entry permit

1257

s.519—Application for an exemption certificate

3

s.526—Application to deal with a dispute involving stand down

15

s.576(2)(ca)—Proceeding referred to Fair Work Australia for mediation

3

s.602—Application to correct obvious error(s) etc. in relation to Fair Work Australia's decision

3

s.603—Application for varying and revoking Fair Work Australia decisions

1

s.604—Appeal of decisions

168

s.699—Application to FWA to have a dispute resolution process conducted (Div 3)

25

s.709—Application to FWA to have a dispute resolution process conducted (Div 5)

468

s.739—Application to deal with a dispute

902

s.739—Application to deal with a dispute in relation to flexible working arrangements

33

s.740(1)—Application for permit to enter premises and inspect records

1

s.773—Application to deal with an unlawful termination dispute

174

Fair Work (Registered Organisations) Act 2009

 

s.158(1) (FW (RO) Act)—Application for alteration of eligibility rules

 

s.158(1)(FW (RO) Act) —Application for change of name of organisation

2

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

 

Sch. 3, Item 10—Application to vary transitional instrument to remove ambiguity (agreement)

32

Sch. 3, Item 10—Application to vary transitional instrument to remove ambiguity (award)

5

Sch. 3, Item 12—Application to vary pre-reform or transitional award 53

 

Sch. 3, Item 15—Application by agreement to terminate collective agreement-based transitional instrument

33

Sch. 3, Item 16—Application to terminate collective agreement-based transitional instrument

77

Sch. 3, Item 17—Application by agreement to terminate individual agreement-based transitional instrument

5393

Sch. 3, Item 18—Application for conditional termination of individual agreement based transitional instrument

16

Sch. 3, Item 19—Declaration for unilateral termination with Fair Work Australia approval to terminate individual agreement

1027

Sch. 3, Item 26—Application to resolve an issue between a transitional instrument and the National Employment Standard (agreement)

3

Sch. 3, Item 26—Application to resolve an issue between a transitional instrument and the National Employment Standard (award)

1

Sch. 3A, Items 29 & 30—Fair Work Australia to consider varying modern awards etc.

8

Sch. 5, Item 3—Variation & termination of certain transitional instruments etc. to take account of Part10A award modern process

1331

Sch. 5, Item 9—Application for an order remedying reduction in take-home pay resulting from a modern award

57

Sch. 6, Item 4—Application to make a modern award to replace an enterprise instrument.

1

Sch. 6, Item 5—Application to terminate an enterprise instrument a preserved collective State agreement

1

Sch. 6, Item 5—Application to terminate an enterprise instrument an award

9

Sch. 7, Item 7—Application for determination of designated award for purpose of no-disadvantage test

1

Pre-reform Workplace Relations Act 1996

s.170LW—Application for settlement of dispute (certified agreement)

342

s.170MH—Application to terminate agreement (public interest)

1

Workplace Relations Act 1996

s.120—Appeal to full bench

7

s.643—Application for relief re (harsh, unjust or unreasonable) termination of employment

4

s.643—Application for relief re (unlawful and harsh, unjust or unreasonable) termination of employment

4

s.643—Application for relief re (unlawful) termination of employment

4

 

(2) The majority of matters lodged with Fair Work Australia broadly fall within the categories of termination of employment and agreement approval, for which a results framework exists that allows reporting on the outcome of these types of applications.

Fair Work Australia does not have a results framework that makes it possible to readily or accurately report for other matter types, how many cases were finalised by a decision, settled, withdrawn or are ongoing.

It is possible to draw from the 2010-11 Annual Report, the Quarterly report to the Minister, and the case management system CMS+ the following information in respect of the termination of employment categories and agreements.

Termination of Employment

Type of Matter

No of cases lodged in 2010-11

No finalised by a decision in 2010-11

No. Settled in 2010-11

 

No. Withdrawn in 2010-11

No. ongoing from 2010-11

s.643 Workplace Relations Act 1996

16

10

80

Not available1

0

s. 394 Fair Work Act 2009Unfair Dismissal

12840

517

7649

2220

18

ss. 365 & 773 Fair Work Act 2009

2045

Not applicable2

1944

Not available3

1

p. 12 Fair Work Australia Annual Report 2010-11

 

Agreements

Type of Agreement

No. lodged in 2010-11

No. finalised in 2010-11

No. ongoing from 2010-11

s.185 Single Enterprise

6493

7174

1

s.185 Greenfields

534

549

0

s. Multi-enterprise

54

59

0

p. 12 Fair Work Australia Annual Report 2010-11

1 Fair Work Australia does not have a database framework to accurately capture this information

2 Fair Work Australia does not have determinative powers over these types of applications. Unresolved applications are determined by the Federal Court

3 Fair Work Australia does not have a database framework to accurately capture this information