The Fair Work Commission recently released their Access to Justice – 2021-22 Annual Report. The 146-page report provides an overview from the President and General Manager on the organisational structure of the Commission and its members, performance and framework against intended results, financial report and corporate plan.

In the 2021-22 reporting period the FWC implemented two new jurisdictions. The anti-bullying jurisdiction was expanded to include orders to stop sexual harassment after The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 commenced in September last year. The second big change was that the Fair Work Act was amended to include a new NES entitlement for casual conversion, giving casual employees the right to convert to part time or full-time employment if they worked for their employer for at least 12 months with regular pattern of shifts. Due to the newly defined term of a casual employee and casual conversion the Commission had to review modern awards and made variations to 151 awards.

Of the 34,122 applications that were lodged with the FWC last reporting year 13,096 were unfair dismissal and 5010 general protections involving dismissals. The most common application was unfair dismissal, making up 38% of total applications and a similar result to previous years. 50% of the total applications were finalised within 5 weeks and 90% within 13 weeks of lodgement.

In the past year the FWC has made changes to their website, updating their case management system, redesigning forms and using less complex language, making it user friendly and easier to navigate. They also reviewed their delivery of online hearings and conferences after the Covid 19 pandemic. For any advice or representation in the Fair Work Commission, please contact Workclaims Australia.

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