Fair Work Australia Rules 2010

Administered by Department of Employment, Skills, Small and Family Business

Legislation au F2010L03273 Rules Not in force Legislative Instrument

Legislation content

Fair Work Australia Rules 20101

as amended

made under section 609(1) of the

Fair Work Act 2009

This compilation was prepared on 24 February 2012 taking into account amendments up to Fair Work Australia Amendment Rules 2012 (No. 1) (F2012L00028).

Prepared by the Department of Education, Employment and Workplace Relations.

 

Contents

Part 1 General 

1 Name of Rules 

2 Commencement 

3 Definitions 

4 Relief from Rules 

5 Directions on procedure 

6 Forms 

7 Lodging documents with FWA 

8 Requirement to serve documents lodged with FWA 

9 How service is effected 

10 Substituted service 

11 Electronic signatures 

Part 2 Appeals and reviews 

12 Appeals 

13 Review on application by Minister 

13A Other reviews 

Part 3 Unfair dismissal 

14 Applications may be made by telephone 

14A Employer response to an application for an unfair dismissal remedy 

15 Objection to an application for unfair dismissal remedy 

16 Security for the payment of costs 

Part 4 General protections applications 

16A Employer response to a general protections application 

Part 4A Unlawful termination applications 

16AA Employer response to an unlawful termination application 

Part 5 Take-home pay order applications 

16B Employer response to a take-home pay order application 

Part 6 Practice 

17 Notice of representative commencing or ceasing to act 

17A Representation other than at conference or hearing 

18 Order to witness to attend 

19 Order for production of documents 

20 Lodging documents by email 

21 Lodging documents by fax 

Part 7 Miscellaneous 

22 Seal of FWA 

23 Recovery of cost of providing copies of documents 

Part 8 Transitional 

24 WR Act applications 

Part 9 Repeal 

25 Fair Work Australia Rules 2009

Schedule 1 Table of forms contained in Schedule 2 

Schedule 2 Forms 

Form F1 Application (No specific form provided) 

Form F2 Application for Unfair Dismissal Remedy 

Form F3 Employer’s Response to Application for Unfair Dismissal Remedy 

Form F4 Objection to Application for Unfair Dismissal Remedy 

Form F5 Application for Security for Payment of Costs 

Form F6 Application for Costs 

Form F7 Notice of Appeal 

Form F8 Application for FWA to Deal with a General Protections Dispute 

Form F8A Employer’s Response to Application for FWA to Deal with a General Protections Dispute             

Form F9 Application for FWA to Deal with an Unlawful Termination Dispute 

Form F9A Employer’s Response to Application for FWA to Deal with an Unlawful Termination Dispute             

Form F10 Application for FWA to Deal with a Dispute in Accordance with a Dispute Settlement Procedure             

Form F11 Application for FWA to Deal with a Bargaining Dispute 

Form F12 Application for FWA to Deal with a Right of Entry Dispute 

Form F13 Application for FWA to Deal with a Stand Down Dispute 

Form F14 Application for an Order to Stop etc. (Unprotected) Industrial Action 

Form F16 Application for Approval of Enterprise Agreement 

Form F17 Employer’s Declaration in Support of Application for Approval of Enterprise Agreement             

Form F18 Declaration of Employee Organisation in relation to an Application for Approval of Enterprise Agreement             

Form F19 Application for Approval of Greenfields Agreement 

Form F20 Employer’s Declaration in Support…

Overview

The Fair Work Australia Rules 2010 were enacted to provide procedural rules for matters dealt with by Fair Work Australia (FWA), under the Fair Work Act 2009. These rules were designed to address gaps in the procedural framework that existed prior to the establishment of FWA, ensuring a consistent and efficient process for the resolution of workplace disputes. The Fair Work Act 2009 itself was introduced to create a single national workplace relations system, aiming to improve fairness at work by providing a more streamlined and accessible system for resolving workplace disputes. The Fair Work Australia Rules 2010 were made under section 609(1) of the Fair Work Act 2009 by the President of FWA, and they came into effect on 1 January 2011. The rules outline various procedures for lodging applications, serving documents, and other administrative processes, aiming to facilitate the effective and timely resolution of workplace issues.

Scope and Application

The Fair Work Australia Rules 2010, as amended, govern procedural matters and applications related to the Fair Work Act 2009, which deals with workplace relations in Australia. These rules apply to employers, employees, employee organisations, and employer associations in all industries, including disputes over unfair dismissal, general protections, unlawful termination, and enterprise agreements. They also cover applications related to awards, transitional instruments, and the registration and regulation of organisations. The rules apply nationally, as they are made under the Commonwealth's authority, and extend to all states and territories of Australia. There are no specific exclusions mentioned in the rules, but they provide for relief in certain circumstances where strict compliance with the rules is not possible. The application of the rules can be extended or restricted through subordinate instruments such as the Fair Work Regulations 2009 and other legislative instruments. The rules mandate specific forms for various applications and outline procedures for lodging documents, serving notices, and electronic communication with Fair Work Australia (FWA). They also detail processes for appeals, reviews, and the management of different types of workplace disputes and orders, including those related to industrial action and entry permits for workplace inspections.

Key Provisions

  • The Fair Work Australia Rules 2010, made under section 609(1) of the Fair Work Act 2009, govern various aspects of employment relations and workplace practices. These Rules outline the procedures for lodging applications, serving documents, and the use of forms for different types of applications, including those related to unfair dismissal, general protections, unlawful termination, and take-home pay orders. Rule 6 mandates the use of specific forms for applications to Fair Work Australia (FWA), and Rule 7 details the requirements for lodging documents, including permissible formats and methods of service. Rule 14 allows for applications for unfair dismissal remedies to be made by telephone, provided that certain conditions are met, such as payment of the application fee or application for a waiver. Employers responding to these applications must lodge their response using the prescribed forms within specified timeframes, as per Rules 14A, 16A, and 16AA. Additionally, FWA has the authority to direct the furnishing of security for costs under Rule 16 and can make orders for substituted service under Rule 10 to ensure documents are brought to the attention of the parties involved.
  • The Rules impose obligations on parties to ensure timely and proper service of documents, as stipulated in Rule 9. They also mandate the use of approved forms for various applications, such as those for appeals, orders to witness to attend, production of documents, and lodging documents by email or fax. Rule 17 requires parties to notify FWA of any changes in their representatives, and Rule 17A specifies that lawyers or paid agents can represent parties for certain purposes but not at conferences or hearings unless permitted by FWA. Rule 24 allows for applications that could have been made under the Workplace Relations Act 1996 to be made to FWA using specified forms.
  • Failure to comply with the provisions of these Rules may result in civil or criminal consequences. For instance, making a false statement in a statutory declaration is an offence under the Statutory Declarations Act 1959. While specific penalties are not detailed within the Rules themselves, they refer to the Fair Work Act 2009 and other relevant legislation for determining penalties for breaches. The Fair Work Act 2009, for example, includes provisions for penalties related to contraventions of workplace laws, which may be applicable in cases of non-compliance with these Rules.

Legal classification tags

Area of Law
Employment & Labour Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Enforcement Powers
Compliance Obligations
Transitional Provisions
Review & Sunset Clauses
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.