Practice notes are designed to provide procedural guidance to parties and individuals appearing before the Fair Work Commission.
Notice to profession
Role of Junior Counsel in Commission proceedings (pdf) – issued 7 November 2022
Appeal proceedings
The Appeal proceedings practice note provides a general explanation of appeal rights and sets out the procedures followed by the Commission when listing, hearing and determining appeals.
Discontinuing matters
The Discontinuing matters practice note provides a summary of the key points regarding the discontinuance of matters before the Commission and the effect of discontinuance.
Fair hearings
The Fair hearings practice note provides procedural guidance and information about the conduct of hearings before the Commission, including the responsibilities of Commission Members, applicants, respondents and their representatives.
Lawyers & paid agents
The Lawyers and paid agents practice note provides procedural guidance on when and how:
- a lawyer or paid agent must notify the Commission that they act for a person or have ceased to act for a person, and
- a person must notify the Commission that they propose to be represented by a lawyer or paid agent and must seek the Commission’s permission for that representation.
Orders to attend & orders to produce
The Orders to attend and orders to produce practice note provides procedural guidance in relation to orders to attend and orders to produce. It provides a general explanation of the process for requesting such orders and the procedures followed by the Commission in making and giving effect to these orders or declining to make orders.
Requests to appear remotely
The Requests to appear remotely practice note provides guidance for making requests for the use of video and telephone conferencing facilities during hearings and conferences for matters before the Commission.
Unfair dismissal proceedings
The Unfair dismissal proceedings practice note provides procedural guidance regarding the scheduling and conduct of proceedings relating to unfair dismissal applications which:
- do not settle at conciliation, or
- do not proceed to conciliation conducted by conciliators.