What we do
The Commission is established under the Industrial Relations Act 1984.
The role of the Commission is to hear and determine any matter arising from, or relating to, an industrial matter.
In general terms, the Commission exercises its jurisdiction in relation to:
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making or varying awards or industrial agreements
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approving enterprise agreements - when approving the agreement the Commission must be satisfied that the agreement meets minimum standards of employment, was not made under duress and is fair in all the circumstances
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registering employee and employer organisations
- conducting hearings and conciliation conferences for settling industrial disputes involving:
The mode, terms and conditions of employment.
The termination of employment of an employee or former employee.
The reinstatement or re-employment of an employee or a former employee who has been unfairly dismissed.
The payment of compensation to an employee or a former employee if the Commission determines that reinstatement or re-employment is impracticable.
Severance pay for an employee or a former employee whose employment is to be, or has been, terminated as a result of redundancy.
A dispute under the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 relating to an entitlement to long service leave, or payment instead of any such leave, or the rate of ordinary pay at which any such leave or payment is to be paid in respect of an employee or former employee.
A breach of an award or a registered agreement.
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Appeals.
The Commission in exercising its jurisdiction is required to have regard to the public interest and must act according to equity, good conscience, and the merits of the case without regard to technicalities or legal forms.
The Commission is not bound by any rules of evidence and is not restricted to the specific claim made or to the subject matter of the claim.
Exclusions
The Commission is unable to hear and determine any matter relating to:
- the opening or closing hours of an employer's business premises
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compensation payable to employees in respect of injuries or diseases suffered in the course of their employment
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the preferential employment or non-employment of a particular person or class of persons who are or are not members of an organisation
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a bonus payment made at the discretion of an employer
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the insurance of employees
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appointments, or promotions, other than in respect of the qualifications required for advancement