The Fair Work Commission Performance Overview 2018, Must Read For All Employers

The Fair Work Commission publishes an annual report outlining the Fair Work Commissions performance for the financial year.

Check out below the key stats:

Unfair Dismissal

  • More than half of the claims resolved at conciliation
  • Approximately a quarter of the claims resolved prior to conciliation
  • 50% of claims were finalised within 30 days, and 90% of claims were finalised within 90 days
  • By way of remedy:
    • 69% received monetary outcomes
    • 11% received reinstatement plus compensation for lost remuneration
    • only 4% received reinstatement without compensation
  • Medium amount of compensation awarded was $6,971 – equivalent to 4.3 weeks’ pay
  • Other compensation ranges include:
    • $8,000 –10,000 6%
    • $10,000  – 15,000  9%
    • $15,000  – 20,000  3%
    • $20,000  – 30,000  2.5%
    • $30,000  – 40,000  0.7%
    • $40,000  – maximum amount 0.6%

Unlawful Terminations

Involving dismissal

  • More than half of the claims resolved at conciliation
  • For applications resolved at conciliation, outcomes included a mix of monetary payments and non-monetary items (47%), monetary payments only (29 %), non-monetary items only (22%)
  • Only a very small number of parties to general protections disputes involving dismissal consented to the Commission deciding the matter by issuing a binding decision in consent arbitration

Not involving dismissal

  • 902 applications were lodged and 857 were finalised this year
  • 22% of these were withdrawn
  • 26% finalised by the member, the dispute was not resolved and proceeded further
  • 39% finalised by the member in conference and the dispute was resolved not proceeding any further


  • 721 applications were made for a stop bullying order
  • 8% were resolved by the Commission issuing a decision or Order
  • 33% were resolved during proceedings

Unlawful Terminations

  • 90 unlawful termination applications were lodged
  • 88 applications were finalised, of which 88% were resolved by the Commission’s conference process without a certificate being issued


  • Full Benches of the Commission determined a total of 169 appeal matters (including permission to appeal matters)
  • Appeals of unfair dismissal decisions were the most common type of appeal accounting for 51 % all appeals finalised in 2017–18
  • Of the 86 unfair dismissal appeals heard (including permission to appeal matters), 30% were upheld
  • Appeals concerning the approval of enterprise agreements made up the second largest number of matters, increasing to 18% of decisions

In 2017–18, the Federal Court of Australia and the High Court of Australia determined 13 matters on review from the Commission.

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