Information and copies of documents to be provided to 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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