The Fair Work Commission is the independent body that administers much of Australia's employment framework. It is both a rule-maker and a dispute resolver, which makes it more central to day-to-day employment than a court would be in most jurisdictions.
What it does
- Reviews and sets the national minimum wage each year
- Makes, varies and reviews modern awards
- Approves enterprise agreements, checking they leave employees better off overall
- Hears unfair dismissal, general protections and bullying applications
- Deals with industrial action and bargaining disputes
Unfair dismissal timelines are short
An employee generally has 21 days from the date a dismissal takes effect to lodge an unfair dismissal application. That is a considerably tighter window than employers from other jurisdictions expect, and it means the response to a dismissal dispute has to be quick.
Why it matters when hiring internationally
The annual wage review and award variations mean Australian pay obligations change on a schedule rather than staying fixed. Employers who set a salary once and leave it can drift below an award rate without doing anything. Where an Employer of Record is the legal employer, it is the respondent in a Commission matter, so understanding how they handle a claim is worth establishing early.