The Fair Work Commission (FWC) is changing to the way it manages unfair dismissal and general protections claims involving dismissal and how it provides case materials to employee applicants, and to employer and employee respondents and their representatives.
From mid-October, new unfair dismissal and general protections dismissal matters will be managed through the new online case management system: MyFWC online portal. Some existing applications may also be transferred to the new online case management system. This is part of wider changes to how the FWC manages its work, moving towards increased use of electronic case management.
The changes will affect respondent employers and employees subject to unfair dismissal and general protections claims. Members should ensure they seek advice promptly where needed, given the importance of complying with the requirements of the Fair Work Act 2009, Fair Work Regulations, and applicable FWC rules.
The FWC's new case management system is intended to operate as a largely automated process. As a result, employers may receive claim documentation, notices, directions and other case updates through processes that differ from those they have previously experienced. Importantly, the FWC may not separately check whether a party has received, opened or is otherwise aware of a communication issued through the system.
Members should review their internal processes and ensure that staff responsible for managing employment-related claims are aware of the changes and have appropriate procedures in place to identify, monitor and promptly respond to FWC communications.
The introduction of a more automated system does not alter the statutory timeframes that apply to unfair dismissal, general protections dismissal and other employment-related claims. Members remain responsible for complying with the requirements of the Fair Work Act 2009, Fair Work Regulations and Fair Work Commission Rules, including applicable response, filing and procedural deadlines.
If a member believes they may have missed a communication from the FWC, is concerned about potential non-compliance with a procedural requirement or deadline, requires assistance managing a claim or application, or has any questions about the new processes, they should seek advice promptly. Early action may assist in protecting the member's interests and addressing potential procedural issues before they become more difficult to resolve.
As a member of Australian Industry Group, you can be represented by our practitioners in proceedings before the FWC without needing the Commission’s permission. This means we can act promptly to assist members with claims and represent you before the FWC.
To recap:
Early engagement with us helps ensure that:
For further information about the new MyFWC arrangements, and how to respond to any employment claims members receive, please contact Australian Industry Group on 1300 55 66 77 or via email at legal@australianindustrygroup.com.au.
