Fair Work Regulations 2009

1 Awards

1.1

The number of:

(a) determinations varying modern awards; and

(b) modern awards; and

(c) determinations revoking modern awards;

made in a quarter under section 157 of the Act

as soon as practicable after the end of the quarter

1.2

The number of applications made in a quarter under section 158 of the Act for:

(a) the making of a determination varying or revoking a modern award under section 157 of the Act; or

(b) the making of a modern award, under section 157 of the Act

as soon as practicable after the end of the quarter

1.3

The number of determinations made in a quarter under section 161 of the Act varying modern awards

as soon as practicable after the end of the quarter

1A Modern awards

1A.1

The number of determinations varying modern awards made in a quarter under item 5 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1A.2

The number of determinations varying modern awards made in a quarter under item 7 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1A.3

The number of applications for take‑home pay orders made in a quarter under item 9 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1A.4

The number of take‑home pay orders made in a quarter under item 9 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B Modern enterprise awards

1B.1

The number of applications for modern enterprise awards made in a quarter under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.2

The number of modern enterprise awards made in a quarter under item 4 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.3

The number of applications for the FWC to terminate enterprise instruments made in a quarter under item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.4

The number of terminations of enterprise instruments made in a quarter under item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.5

The number of variations of instruments made in a quarter under item 9 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.6

The number of terminations of instruments made in a quarter under item 9 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.7

The number of applications for take‑home pay orders made in a quarter under item 12 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

1B.8

The number of take‑home pay orders made in a quarter under item 12 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

2 Enterprise agreements

2.1

The number of applications for the approval of enterprise agreements made in a quarter under section 185 of the Act

as soon as practicable after the end of the quarter

2.2

The number of applications for variations of an enterprise agreement made in a quarter under section 210 of the Act

as soon as practicable after the end of the quarter

2.2A

The number of applications for variations of an enterprise agreement made in a quarter under section 216CA of the Act

as soon as practicable after the end of the quarter

2.2B

The number of applications for variations of an enterprise agreement made in a quarter under section 216EA of the Act

as soon as practicable after the end of the quarter

2.3

The number of applications for variations of an enterprise agreement made in a quarter under section 217 of the Act

as soon as practicable after the end of the quarter

2.3A

The number of applications for reconsiderations of an enterprise agreement made in a quarter under section 227A of the Act

as soon as practicable after the end of the quarter

2.4

The number of enterprise agreements approved in a quarter under section 186 of the Act

as soon as practicable after the end of the quarter

2.4A

The number of enterprise agreements approved in a quarter under section 186 of the Act with amendments specified under section 191A of the Act

as soon as practicable after the end of the quarter

2.5

The number of enterprise agreements approved in a quarter under section 189 of the Act

as soon as practicable after the end of the quarter

2.5A

The number of single‑enterprise agreements approved in a quarter under section 186 of the Act in respect of which an employer gave a notice under subsection 173(1) of the Act

as soon as practicable after the end of the quarter

2.6

The number of variations of enterprise agreements approved in a quarter under section 211 of the Act

as soon as practicable after the end of the quarter

2.7

The number of variations of enterprise agreements approved in a quarter under section 217 of the Act

as soon as practicable after the end of the quarter

2.8

The number of variations of enterprise agreements made in a quarter under section 218A of the Act

as soon as practicable after the end of the quarter

2.9

The number of enterprise agreements terminated in a quarter under section 226 of the Act

as soon as practicable after the end of the quarter

2.10

The number of guarantees given in a quarter under section 226A of the Act in relation to the termination of an enterprise agreement

as soon as practicable after the end of the quarter

2.11

The number of enterprise agreements amended, or in respect of which undertakings were accepted, in a quarter under section 227B of the Act

as soon as practicable after the end of the quarter

3 Bargaining orders

3.1

The number of applications for bargaining orders made in a quarter under section 229 of the Act

as soon as practicable after the end of the quarter

3.2

The number of applications for intractable bargaining declarations made in a quarter under section 234 of the Act

as soon as practicable after the end of the quarter

3.3

The number of applications for majority support determinations made in a quarter under section 236 of the Act

as soon as practicable after the end of the quarter

3.4

The number of applications for scope orders made in a quarter under section 238 of the Act

as soon as practicable after the end of the quarter

3.5

The number of applications for the FWC to deal with disputes made in a quarter under section 240 of the Act

as soon as practicable after the end of the quarter

3.6

The number of bargaining orders made in a quarter under section 230 of the Act

as soon as practicable after the end of the quarter

3.7

The number of intractable bargaining declarations made in a quarter under section 235 of the Act

as soon as practicable after the end of the quarter

3.8

The number of majority support determinations made in a quarter under section 237 of the Act

as soon as practicable after the end of the quarter

3.9

The number of scope orders made in a quarter under section 238 of the Act

as soon as practicable after the end of the quarter

3.10

The number of decisions to deal with a dispute made in a quarter under section 240 of the Act

as soon as practicable after the end of the quarter

4 Supported bargaining

4.1AA

The number of applications for variations of a supported bargaining agreement made in a quarter under section 216AA of the Act

as soon as practicable after the end of the quarter

4.1AB

The number of applications for variations of a supported bargaining agreement made in a quarter under section 216B of the Act

as soon as practicable after the end of the quarter

4.1

The number of applications made for supported bargaining authorisations in a quarter under section 242 of the Act

as soon as practicable after the end of the quarter

4.1A

The number of applications for variations of a supported bargaining authorisation made in a quarter under section 244 of the Act

as soon as practicable after the end of the quarter

4.2

The number of supported bargaining authorisations made in a quarter under section 243 of the Act

as soon as practicable after the end of the quarter

4.3

The number of supported bargaining authorisations varied in a quarter under section 244 of the Act

as soon as practicable after the end of the quarter

5 Single interest employer bargaining

5.1

The number of applications for single interest employer authorisations made in a quarter under section 248 of the Act

as soon as practicable after the end of the quarter

5.1A

The number of applications for variations of single interest employer agreements made in a quarter under section 216DA of the Act

as soon as practicable after the end of the quarter

5.1B

The number of applications for variations of single interest employer agreements made in a quarter under section 216DB of the Act

as soon as practicable after the end of the quarter

5.2

The number of applications for variations of single interest employer authorisations to remove the employer’s name from the authorisation made in a quarter under section 251 of the Act

as soon as practicable after the end of the quarter

5.2A

The number of applications for variations of single interest employer authorisations to add an employer’s name to the authorisation made in a quarter under section 251 of the Act

as soon as practicable after the end of the quarter

5.3

The number of applications for variations of single interest employer authorisations to extend the period for which the authorisation is in operation made in a quarter under section 252 of the Act

as soon as practicable after the end of the quarter

5.4

The number of single interest employer authorisations made in a quarter under section 249 of the Act

as soon as practicable after the end of the quarter

5.5

The number of single interest employer authorisations varied to remove the employer’s name from the authorisation in a quarter under section 251 of the Act

as soon as practicable after the end of the quarter

5.5A

The number of single interest employer authorisations varied to add an employer’s name to the authorisation in a quarter under section 251 of the Act

as soon as practicable after the end of the quarter

5.6

The number of single interest employer authorisations varied to extend the period for which the authorisation is in operation in a quarter under section 252 of the Act

as soon as practicable after the end of the quarter

6 Workplace determinations

6.5

The number of industrial action related workplace determinations made in a quarter under section 266 of the Act

as soon as practicable after the end of the quarter

6.6

The number of intractable bargaining workplace determinations made in a quarter under section 269 of the Act

as soon as practicable after the end of the quarter

7 Equal remuneration orders

7.1

The number of equal remuneration orders made in a quarter under section 302 of the Act

as soon as practicable after the end of the quarter

8 Transfer of business

8.1

The number of applications for orders relating to instruments covering a new employer and transferring employees made in a quarter under section 318 of the Act

as soon as practicable after the end of the quarter

8.2

The number of applications for orders relating to instruments covering a new employer and non‑transferring employees made in a quarter under section 319 of the Act

as soon as practicable after the end of the quarter

8.3

The number of applications for variations of a transferable instrument made in a quarter under section 320 of the Act

as soon as practicable after the end of the quarter

8.4

The number of orders made in a quarter under section 318 of the Act relating to instruments covering a new employer and transferring employees

as soon as practicable after the end of the quarter

8.5

The number of orders made in a quarter under section 319 of the Act relating to instruments covering a new employer and non‑transferring employees

as soon as practicable after the end of the quarter

8.6

The number of variations of transferable instruments made in a quarter under section 320 of the Act

as soon as practicable after the end of the quarter

9 General protections—compliance

9.1

The number of applications for the FWC to deal with disputes made in a quarter under section 365 of the Act

as soon as practicable after the end of the quarter

9.2

The number of applications for the FWC to deal with disputes made in a quarter under section 372 of the Act

as soon as practicable after the end of the quarter

9.3

The number of certificates issued in a quarter under section 369 of the Act to the effect that the FWC is satisfied that all reasonable attempts to resolve a dispute have been, or are likely to be, unsuccessful

as soon as practicable after the end of the quarter

10 Unfair dismissal

10.1

The number of applications for orders granting a remedy made in a quarter under section 394 of the Act

as soon as practicable after the end of the quarter

10.2

For applications for an order granting a remedy dealt with in a quarter under section 394 of the Act:

(a) the number of applications in relation to which the dismissal was found to be unfair, including:

(i) the number of orders made in the quarter under section 391 of the Act for a person’s reinstatement; and

(ii) the number of orders made in the quarter under section 392 of the Act for the payment of compensation to a person; and

as soon as practicable after the end of the quarter

(b) the number of applications that related to a small business employer; and

(c) the number of applications dismissed because dismissal was found to be fair; and

(ca) the number of applications dismissed in a quarter under section 399A of the Act; and

(d) the number of claims dismissed because the dismissal was consistent with the Small Business Fair Dismissal Code; and

(e) the number of claims dismissed because the dismissal was a case of genuine redundancy; and

(f) the number of cases dismissed for want of jurisdiction; and

(g) the number of cases settled without a decision being made; and

(h) the time from the date of the application to the date of judgement; and

(i) the number of cases settled by the conduct of 1 or more conferences; and

(j) the number of cases settled by hearing

10.3

The number of applications for the FWC to deal with disputes for which the FWC had allowed a further period for the application to be made that were made in a quarter under section 394 of the Act

as soon as practicable after the end of the quarter

10.4

The number of orders for costs against a lawyer or a paid agent made in a quarter under section 401 of the Act

as soon as practicable after the end of the quarter

10.5

The number of costs orders made against a party to a matter in a quarter under section 400A of the Act

as soon as practicable after the end of the quarter

11 Protected action ballots and industrial action

11.1

The number of applications to vary protected ballot orders made in a quarter under section 447 of the Act

as soon as practicable after the end of the quarter

11.2

The number of applications to revoke protected ballot orders made in a quarter under section 448 of the Act

as soon as practicable after the end of the quarter

11.3

The number of applications to extend periods in which industrial action is authorised made in a quarter under section 459 of the Act

as soon as practicable after the end of the quarter

11.4

The number of applications for orders varying the proportion by which an employee’s payments are reduced made in a quarter under section 472 of the Act

as soon as practicable after the end of the quarter

11.5

The number of orders made in a quarter under section 447 of the Act to vary a protected ballot order

as soon as practicable after the end of the quarter

11.7

The number of extensions made in a quarter under section 459 of the Act to extend a period in which industrial action is authorised

as soon as practicable after the end of the quarter

11.8

The number of orders made in a quarter under section 472 of the Act varying the proportion by which an employee’s payments are reduced

as soon as practicable after the end of the quarter

12 Right of entry

12.1

The number of applications for orders relating to access to non‑member records made in a quarter under section 483AA of the Act

as soon as practicable after the end of the quarter

12.2

The number of applications for orders relating to a dispute about the operation of Part 3‑4 of the Act made in a quarter under section 505 of the Act

as soon as practicable after the end of the quarter

12.3

The number of orders relating to access to non‑member records made in a quarter under section 483AA of the Act

as soon as practicable after the end of the quarter

12.4

The number of orders relating to a dispute about the operation of Part 3‑4 of the Act made in a quarter under section 505 of the Act

as soon as practicable after the end of the quarter

12.5

The number of actions restricting the rights that are exercisable under Part 3‑4 of the Act by an organisation, or officials of an organisation taken in a quarter under section 508 of the Act

as soon as practicable after the end of the quarter

12.6

The number of entry permits revoked in a quarter under section 510 of the Act

as soon as practicable after the end of the quarter

12.7

The number of entry permits suspended in a quarter under section 510 of the Act

as soon as practicable after the end of the quarter

12.8

The number of applications for entry permits made in a quarter under section 512 of the Act

as soon as practicable after the end of the quarter

12.9

The number of applications for exemption certificates made in a quarter under section 519 of the Act

as soon as practicable after the end of the quarter

12.10

The number of applications for affected member certificates made in a quarter under section 520 of the Act

as soon as practicable after the end of the quarter

12.11

The number of entry permits issued in a quarter under section 512 of the Act

as soon as practicable after the end of the quarter

12.12

The number of exemption certificates issued in a quarter under section 519 of the Act

as soon as practicable after the end of the quarter

12.13

The number of affected member certificates issued in a quarter under section 520 of the Act

as soon as practicable after the end of the quarter

13 Miscellaneous—disputes

13.1

The number of applications for the FWC to deal with disputes in relation to a refusal by an employer to a request by an employee for flexible working arrangements made in a quarter under section 739 of the Act

as soon as practicable after the end of the quarter

13.2

The number of applications for the FWC to deal with disputes made in a quarter under section 773 of the Act

as soon as practicable after the end of the quarter

13.3

The number of certificates issued in a quarter under section 777 of the Act to the effect that the FWC is satisfied that all reasonable attempts to resolve a dispute have been, or are likely to be, unsuccessful

as soon as practicable after the end of the quarter

13A Registered organisations

13A.1

The number of applications for registration made in a quarter under section 18A, 18B or 18C of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 by:

(a) an employer association; or

(b) an employee association; or

(c) an enterprise association

as soon as practicable after the end of the quarter

13A.2

The number of applications for orders made in a quarter under section 133 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.3

The number of orders made in a quarter under section 133 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.4

The number of applications for representation orders made in a quarter under section 137A of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.5

The number of representation orders made in a quarter under section 137A of Schedule 1 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.6

The number of:

(a) applications for recognition made in a quarter under clause 1 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009; and

(b) applications for orders cancelling recognition made in a quarter under clause 3 of that Schedule

as soon as practicable after the end of the quarter

13A.7

The number of applications for recognition granted in a quarter under clause 1 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13A.8

The number of orders cancelling recognition made in a quarter under clause 3 of Schedule 2 to the Fair Work (Registered Organisations) Act 2009

as soon as practicable after the end of the quarter

13B Transitional instruments

13B.1

The number of applications for conditional terminations made in a quarter under item 18 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

13B.2

The number of conditional terminations made in a quarter under item 18 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the quarter

14 Industrial action

14.1

A list of the applications filed in a week under sections 418, 419 and 420 of the Act for orders relating to stopping industrial action, including:

(a) a statement that the matter has commenced; and

(b) the case numbers of the applications; and

as soon as practicable after the end of the week

14.2

A list of all applications filed in a week under sections 423, 424, 425 and 426 of the Act for orders suspending or terminating protected industrial action

as soon as practicable after the end of the week

14.3

A list of all applications filed in a week under Division 8 of Part 3‑3 of the Act relating to protected action ballots

as soon as practicable after the end of the week

14.4

For each application in a list mentioned in item 14.1, 14.2 or 14.3:

(a) a statement that the matter has commenced; and

(b) the case numbers of the applications; and

(c) the type of matter, identified by reference to the relevant section of the Act; and

as soon as practicable after the end of the week

(d) the names of the parties, identifying which of the parties is the applicant and the respondent; and

(e) whether the party is an individual or an organisation; and

(f) for a party that is an organisation—whether the party is an employee or employer organisation; and

(g) a copy of any order made in relation to the matter

14A Transitional instruments

14A.1

A list of determinations made in a week under item 14 of Schedule 9 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, including:

(a) the names of the applicants; and

(b) the names of the relevant modern awards

as soon as practicable after the end of the week

14A.2

The number of determinations made in a week under item 14 of Schedule 9 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

as soon as practicable after the end of the week

15 Enterprise agreements

15.1

For an enterprise agreement that has been approved under section 186, 211 or 217 of the Act:

(a) a copy of the enterprise agreement and any variation of the enterprise agreement; and

as soon as practicable, but not later than 21 days after the day on which the relevant decision or order was made

(b) the title of the enterprise agreement; and

(c) the number assigned to the enterprise agreement by the FWC; and

(d) the date on which the enterprise agreement was approved or varied; and

(e) the name of each employer; and

(f) the Australian Business Number (if any) of each employer; and

(g) a brief description of the work undertaken at each workplace to which the enterprise agreement applies; and

(h) the name of each employee organisation which the enterprise agreement covers; and

(i) each State or Territory in relation to which the enterprise agreement applies; and

(j) the name of each award that covers an employee who is, or will be, covered by the enterprise agreement; and

(k) if the enterprise agreement replaces another agreement:

(i) the title of the replaced agreement; and

(ii) the number of the replaced agreement, as assigned by the FWC or the Workplace Authority; and

(l) whether the enterprise agreement is:

(i) a single‑enterprise agreement; or

(ii) a multi‑enterprise agreement; or

(iii) a greenfields agreement that is a single enterprise agreement; or

(iv) a greenfields agreement that is a multi‑enterprise agreement ; and

(m) the number of employees:

(i) employed by each employer; and

(ii) covered by the enterprise agreement; and

(n) whether the agreement was approved under subsection 189(2) of the Act; and

(o) whether the enterprise agreement was made as a result of a supported bargaining authorisation; and

(p) whether the enterprise agreement was made as a result of a single‑interest employer authorisation

15.2

For an order made under section 223 or 226 of the Act approving the termination of an enterprise agreement or terminating the enterprise agreement:

(a) a copy of the approval or termination; and

as soon as practicable, but not later than 21 days after the day on which the order was made

(b) if the agreement previously had a different number assigned by the FWC—each previous number; and

(c) the date on which the termination took effect or will take effect

16 Transitional instruments

16.1

For a pre‑reform agreement that has been varied under Part 3 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, a copy of the varied agreement and the order varying the agreement

as soon as practicable, but not later than 21 days after the day on which the order was made

16.2

For each transitional instrument that has been terminated under item 15 or 16 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:

(a) a copy of the approval or termination; and

(b) the date on which the termination took effect or will take effect

as soon as practicable, but not later than 21 days after the day on which the transitional instrument was terminated