What is Fair Work?
The Fair Work system is Australia’s national workplace relations system. It started on 1 July 2009 and was created by the Fair Work Act 2009. The Fair Work jurisdiction is also referred to as workplace law, industrial law, employment law and/or industrial relations law.
It covers the majority of workplaces in Australia. Employers and employees in the national system all have the same workplace rights and obligations, regardless of which state or territory they work in. You can find out more about the Fair Work system and who it covers on the Fair Work Ombudsman’s website.
The Federal Circuit and Family Court of Australia (Division 2) (the Court) has jurisdiction (along with the Federal Court of Australia) to hear claims under the Fair Work jurisdiction and related legislation including the:
- Fair Work Act 2009
- Fair Work (Registered Organisations) Act 2009
- Federal Safety Commissioner Act 2022, and
- Work Health and Safety Act 2011.
The Court is not the only court that deals with matters covered by the Fair Work Act. Depending on the type of issue, it may not be the most appropriate court to commence a proceeding. Check the provision under which you are commencing a proceeding as it will likely provide more information on the appropriate court.
How can I resolve my Fair Work dispute?
Depending on the type of issues, there are several ways to attempt to resolve your dispute before coming to Court. In some cases, you need to obtain a certificate from the Fair Work Commission before you can file an application in the Court. For more information see Avoiding court.
If you can’t resolve your dispute, the Court has a small claims process which is more informal than most court proceedings and is usually conducted without lawyers. The process aims to settle disputes quickly and fairly, with minimum expense to the parties. Matters are usually resolved with only one hearing. See Small claims.
If you can’t resolve your dispute, the Court has a small claims process for claims relating to the underpayment of employment entitlements of $100,000 or less and certain other application. The small claims process is more informal than most court proceedings and is usually conducted without lawyers. The process aims to settle disputes quickly and fairly, with minimum expense to the parties. For more information see Small claims and I want to apply.
