Conferences & hearings in general protections cases

See Fair Work Act ss.592 and 595

Any conference conducted by the Fair Work Commission in a general protections matter must be held in private.[1]

In private

In private means that members of the public are excluded.

Persons who are necessary for the Commission to perform its functions are permitted to be present.[2]

The Commission may deal with a dispute (other than by arbitration) as it considers appropriate, including:

• by mediation or conciliation, or
• by making a recommendation or expressing an opinion.

See Fair Work Act s.593

If the Commission holds a hearing in relation to a matter, the hearing must be held in public. The Commission may consider that the matter involves sensitive or confidential evidence and do any of the following:

• order that all or part of the hearing is to be held in private
• restrict who may or may not be present at the hearing
• prohibit or restrict the publication of the names and addresses of persons appearing at the hearing, or
• prohibit or restrict the publication of evidence, or its disclosure to some or all of the persons present at the hearing.

Sometimes the Commission is able to determine a matter based on written submissions without the need for a formal hearing or conference where the facts are not in dispute. This is referred to as a matter being determined ‘on the papers’.

The Commission has the power to direct a party to a matter to provide copies of documents, records, or any other information.[3]