2016–2017 ANNUAL REPORT ACCESS TO JUSTICE 2016–2017 ANNUAL REPORT ACCESS TO JUSTICE FAIR WORK COMMISSION AUSTRALIA’S NATIONAL WORKPLACE RELATIONS TRIBUNAL Requests for information and feedback Requests for information and feedback should be directed to: Astra Balzan Policy and Planning Coordinator PO Box 1994 Melbourne VIC 3001 Tel: (03) 8656 4857 Email: [email protected] Visit www.fwc.gov.au for more information about the Fair Work Commission or go to https://www.fwc.gov.au/about-us/reports-publications/annual-reports Copyright © Commonwealth of Australia 2017 ISSN 2204-3799 (printed copy) ISSN 2202-3802 (online copy) All material included in the Fair Work Commission’s Annual Report 2016–17 is licensed under a Creative Commons Attribution 4.0 International licence (https://creativecommons.org/licenses/by/4.0/) with the exception of: the Commonwealth Coat of Arms the Fair Work Commission logo and any branding or trademarks photographs and images other material where copyright subsists in a third party. The full licence terms are available at: https://creativecommons.org/licenses/by/4.0/legalcode Content from this document must be attributed to the Fair Work Commission Annual Report 2016–17. To the extent that copyright subsists in a third party, permission will be required from the third party to reuse the material. The terms under which the Commonwealth Coat of Arms can be used are set out at http://www.dpmc.gov.au/government/commonwealth-coat-arms This publication is designed by Papercut Graphic Design and edited by WordsWorth Writing. This publication is available in PDF and accessible format at www.fwc.gov.au/annual-report Australia’s National Workplace Relations Tribunal 21 September 2017 The Honourable Justice Iain Ross AO President Senator the Hon. Michaelia Cash Minister for Employment Bernadette O’Neill Parliament House General Manager Canberra ACT 2600 Dear Minister We are pleased to present to you the Annual Report of the Fair Work Commission for the financial year ended 30 June 2017. This report is provided pursuant to s.652 of the Fair Work Act 2009 and in accordance with s.46 of the Public Governance, Performance and Accountability Act 2013 and the Public Governance, Performance and Accountability Rule 2014. Yours sincerely Justice Iain Ross AO Bernadette O’Neill President General Manager 11 Exhibition Street GPO Box 1994 e | [email protected] Melbourne Victoria 3000 Melbourne Victoria 3001 t | +61 8656 4520 www.fwc.gov.au ANNUAL REPORT 2016–2017 3 READERS’ GUIDE This annual report informs the Australian Parliament and public about the Fair Work Commission’s performance and compliance with its obligations during the 2016–17 financial year. OVERVIEW The overview includes reports from the President and General Manager and provides information about the Commission, including its organisational structure, Members, history and stakeholders. PERFORMANCE This section provides information about the Commission’s work and performance during 2016–17. It includes an outline of the Commission’s performance framework; the annual performance statements, which detail the Commission’s performance against intended results and performance criteria set out in its portfolio budget statements and corporate plan; and a detailed discussion of the Commission’s operational performance. MANAGEMENT AND ACCOUNTABILITY This section reports on the Commission’s internal operations, including corporate governance, human resources management, financial management and external scrutiny. It also reports against certain legislated annual reporting requirements. APPENDICES AND REFERENCES Seven appendices provide detailed information to complement the main report. Appendices A to D provide details of the Tribunal and its activities; Appendix E comprises the 2016–17 financial statements; Appendix F provides information on the Commission’s subscription services; and Appendix G shows where each annual reporting requirement is addressed in this annual report. At the back of the report are tools to assist you to use the report—including a glossary, a list of acronyms and abbreviations, and an index—and contact details for the Commission. 4 FAIR WORK COMMISSION CONTENTS Overview 9 President’s introduction 10 General Manager’s overview 13 About the Commission 15 Role 16 Structure 17 History 20 Clients and stakeholders 23 Performance 31 Performance snapshot 32 Performance framework 34 Annual performance statement 36 Operational performance 41 Management and accountability 113 Corporate governance 114 External scrutiny 121 Management of human resources 121 Financial management 128 Other mandatory information 132 Appendices 135 Appendix A: List of Members 136 Appendix B: Panel assignments 138 Appendix C: Members’ activities 145 Appendix D: Tables and figures reference data 148 Appendix E: Financial statements 156 Appendix F: Subscription services 202 Appendix G: List of requirements 203 Glossary 206 Acronyms and abbreviations 209 Index 210 Contacts 220 ANNUAL REPORT 2016–2017 5 List of tables Table 1: Performance framework 35 Table 2: Annual performance statements—results for Activity One 37 Table 3: Annual performance statements—results for Activity Two 39 Table 4: Annual performance statements—results for Activity Three 40 Table 5: Volume of work, by matter type 42 Table 6: Enterprise agreements—lodgments and outcomes 54 Table 7: Enterprise agreements—timeliness, approved agreements 59 Table 8: Enterprise agreements—timeliness, type of agreement 59 Table 9: Enterprise agreements—applications to vary agreements 61 Table 10: Enterprise agreements—applications to terminate enterprise agreements 61 Table 11: Industrial action—lodgments 65 Table 12: Industrial action—timeliness, all applications 66 Table 13: Industrial action—timeliness, protected action ballot orders and orders to stop action 67 Table 14: Dispute applications—lodgments 68 Table 15: Dispute applications—timeliness 69 Table 16: Unfair dismissal—finalisation of matters 78 Table 17: Unfair dismissal—conciliation outcomes 79 Table 18: Unfair dismissal—matters resolved at conciliation 79 Table 19: Unfair dismissal—conciliation resolutions involving monetary terms 80 Table 20: Unfair dismissal—jurisdiction outcomes 81 Table 21: Unfair dismissal—applications dismissed under s.399A and s.587 of the Fair Work Act 83 Table 22: Unfair dismissal—arbitration outcomes 84 Table 23: Unfair dismissal—arbitration outcomes, application granted with compensation 84 Table 24: Unfair dismissal—arbitration outcomes, application granted with reinstatement and lost remuneration 85 Table 25: Unfair dismissal—timeliness, lodgment to first conciliation 85 Table 26: Unfair dismissal—timeliness, lodgment to finalisation 85 Table 27: General protections disputes involving dismissal—lodgments 89 Table 28: General protections disputes involving dismissal—outcomes of applications 89 Table 29: General protections disputes involving dismissal—conciliation outcomes 90 Table 30: General protections disputes involving dismissal—conciliation resolutions involving monetary payment 91 Table 31: General protections disputes involving dismissal—timeliness 92 Table 32: General protections disputes involving dismissal—applications for consent arbitration 92 Table 33: General protections disputes not involving dismissal—lodgments 93 Table 34: General protections disputes not involving dismissal—timeliness 93 Table 35: Unlawful termination disputes—lodgments 94 6 FAIR WORK COMMISSION Table 36: Unlawful termination disputes—timeliness 95 Table 37: Anti-bullying—applications 96 Table 38: Anti-bullying—finalisation 97 Table 39: Anti-bullying—applications finalised by decision 97 Table 40: Anti-bullying—timeliness 98 Table 41: Appeals—permission to appeal outcomes 103 Table 42: Appeals—Commission decisions 104 Table 43: Appeals—judicial review decisions 104 Table 44: Registered organisations—division of responsibilities from 1 May 2017 105 Table 45: Registered organisations—status of referrals from the Royal Commission into Trade Union Governance and Corruption 106 Table 46: Registered organisations—inquiries and investigations 108 Table 47: Registered organisations —matters finalised by the organisations panel 109 Table 48: Registered organisations—timeliness, regulatory functions transferred to the Registered Organisations Commission 110 Table 49: Registered organisations—timeliness, regulatory functions retained by the Tribunal and General Manager 111 Table 50: Registered organisations—permits finalised 112 Table 51: Written complaints 120 Table 52: Ongoing employees by employment status (headcount) 122 Table 53: Non-ongoing employees by employment status (headcount) 122 Table 54: Ongoing and non-ongoing employees by location (headcount) 122 Table 55: Ongoing and non-ongoing employees by substantive classification (headcount) 123 Table 56: Salary ranges by classification 125 Table 57: Fair Work Commission resource statement 2016–17 130 Table 58: Fair Work Commission expenses by outcomes 2016–17 131 Table D1: Annual wage review—timeliness 148 Table D2: Enterprise agreements—timeliness, finalisation 148 Table D3: Industrial action—timeliness, listings 148 Table D4: Total applications, hearings and conferences, and decisions and orders 148 Table D5: Enterprise agreements—results 149 Table D6: Hearings and conferences by Members 150 Table D7: Unfair dismissal—conciliation matters, size of employer 150 Table D8: Applications lodged, by type of matter 151 List of figures Figure 1: Organisational structure at 30 June 2017 17