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Part 2

Information and copies of documents to be provided to the Fair Work Ombudsman

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Schedule 5.2Information and copies of documents to be provided to the Minister and the Fair Work Ombudsman

Part 2 Information and copies of documents to be provided to the Fair Work Ombudsman

Item

This information or copy of a document …

is to be provided to the Fair Work Ombudsman …

1 General protections—compliance

1.1

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

1.2

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

2 Unfair dismissal

2.1

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

2.2

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

as soon as practicable after the end of the quarter

(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

(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

3 Industrial action

3.1

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

3.2

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

3.3

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

3.4

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

3.5

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

3.6

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

as soon as practicable after the end of the quarter

3.7

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

3.8

The number of orders made in a quarter under section 459 of the Act relating to a dispute about the operation of Part 3‑4 of the Act, including the number of orders in relation to which the FWC dealt with the dispute on its own initiative

as soon as practicable after the end of the quarter

3.9

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

3.10

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

3.11

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

3.12

For each application in a list mentioned in item 3.9, 3.10 or 3.11:

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

as soon as practicable after the end of the week

(b) the case numbers of the applications; and

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

(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

3.13

A copy of a written report about a protected action ballot made under section 458 of the Act

within 24 hours after the report is written

3.14

A copy of any order made in relation to a matter mentioned in item 3.9, 3.10 or 3.11

either:

(a) within 24 hours after the order is made; or

(b) if the order has not been written within that period—as soon as practicable

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