FWC
Fair Work Commission
National workplace relations tribunal. Sets modern awards and the national minimum wage, resolves unfair dismissal and general protections disputes, and registers enterprise agreements.
9
Obligations enforced
6
Enforcement actions tracked
6
Scope topics
Obligations enforced by FWC (9)
- criticalCWLTHTake reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)
Employers have a proactive duty to prevent workplace sexual harassment — AHRC has enforcement powers from December 2023.
- criticalCWLTHSame job same pay (labour hire reform)
Labour hire workers entitled to same minimum pay as direct employees on host site.
- criticalCWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)
FWC can set minimum standards for 'employee-like' workers (gig economy).
- criticalCWLTHPay employees in accordance with the applicable modern award
Apply the correct modern award rates, penalties, allowances, and overtime — wage theft is now criminal.
- criticalCWLTHCasual employment definition + conversion (Closing Loopholes 2024)
New casual employment definition + employee choice pathway from 26 August 2024.
- highCWLTHComply with casual employee conversion (Closing Loopholes — s 66B Fair Work Act)
From 26 Aug 2024, eligible casual employees can notify their employer to convert to permanent employment.
- highCWLTHRight to Disconnect (s 333M FWA)
Employees may refuse out-of-hours contact unless unreasonable from 26 August 2024.
- highCWLTHHonour employees' right to disconnect (s 333M)
Employees can refuse to monitor, read, or respond to out-of-hours contact unless refusal is unreasonable.
- mediumCWLTHEnforce + manage post-employment restraints — current state
Restraint of trade common law + 2024 reforms restricting non-competes under $183K salary.
Recent FWC enforcement
- stop order2025FWC right-to-disconnect stop orders 2024-2025
Multiple FWC stop orders issued under s 333M of the Fair Work Act since August 2024 commencement.
- stop order2025FWC right-to-disconnect interpretation: Boatswain v Lance Industries (illustrative)
Early-application case before the FWC on whether out-of-hours contact during a specific period was 'unreasonable' under s 333M, considering nature of contact, role responsibilities, and compensation.
- stop order2024FWC anti-bullying + sexual harassment stop orders 2024
FWC issued multiple stop orders during 2024 across bullying + sexual harassment jurisdiction.
- regulated labour hire order2024FWC labour-hire 'same job same pay' orders 2024
FWC made first labour-hire 'same job same pay' orders under Closing Loopholes regime affecting mining + construction.
- stop order2024FWC anti-bullying stop order (illustrative)
FWC made a stop-bullying order under Part 6-4B Fair Work Act following sustained workplace bullying findings; employer required to implement specific behavioural and contact restrictions.
- court judgment2023Qantas v TWU (illegal outsourcing)
High Court (2023) confirmed Qantas's 2020 outsourcing of ~1,700 ground staff contravened FWA s 340 — taking adverse action to prevent exercise of workplace right.
Scope topics
Parent legislation
Source: regulator's own website. Rules Mate links and summarises — we don't republish full statutory text.