About cases & decisions
On this page:
What information is available?
Many of the documents associated with cases in Fair Work Australia and its predecessor bodies are available online. The information below describes the types of documents that are publicly available.
Please note:
Many proceedings in Fair Work Australia are held in private. Transcripts, and other documents relating to such proceedings are not available to the public.
The daily hearings list
This will help you find out when and where a case is being heard. Lists for each state and territory are generally posted on the website after 4.30 pm EST each day for the following day.
Decisions
Decisions of Fair Work Australia and its predecessor the Australian Industrial Relations Commission can be found on either the Full bench decisions page or the All decisions page.
To find a particular decision or case, search using information such as the date of the decision, the member involved, or the names of the parties (those directly involved in the case). Full bench decisions are posted the same day they are handed down, while other decisions are posted within 24 hours. Decision summaries can be found in weekly editions of the FWA Bulletin.
Not all decisions issued prior to July 2000 are available in electronic format, although many can be accessed through the ISYS search facility on this website. To inquire about pre-2000 decisions, contact the FWA Help Line on 1300 799 675.
Transcripts
If you want to find out what happened in a particular case you can look on the Transcripts page. Transcripts are posted to the website about 10 days after a hearing. This does not happen in all cases—for instance, transcripts from unfair dismissal cases heard in public by a single member are not posted. Also, if a matter has been heard in a private conference, rather than a hearing, there will be no transcript.
Other information
Other available information which may assist in your understanding of a case includes:
- orders
- protected action ballot results
- submissions (available online for recent significant cases).
Significant cases
Dedicated websites, available from the main Fair Work Australia website, are also available for a number of cases with broad application or significance. These sites contain all documents related to a case including submissions, decisions, transcript and any related orders or fact sheets.
Go to:
- The Significant cases page
Following a case in Fair Work Australia
Following a case in Fair Work Australia can be difficult if you are not directly involved in that case. Those researching cases should remember:
- Many cases do not start and finish in Fair Work Australia. Parties to a dispute, for instance, may have had a number of meetings before the dispute is referred to Fair Work Australia. Sometimes a settlement is reached after proceedings have been held in Fair Work Australia. Since that settlement has been reached outside of Fair Work Australia, the tribunal may not hold any information about it.
- Proceedings are often held in private. Not all proceedings in Fair Work Australia can be attended by members of the public. Hearings are generally public, but a case can be dealt with in a private conference. In such circumstances, there is no transcript or other record of proceedings publicly available.
