About hearings & conferences

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Note: This information is provided to help those with little knowledge of the workplace relations system, particularly those who are representing themselves in a case.

Hearing or conference?

If you are appearing in legal proceedings at Fair Work Australia (FWA) it is likely the proceedings will be either a conference or a hearing. A conference is generally conducted in private while a hearing is usually open to the public.

Do I have to be represented by someone?

There is no requirement for you to be represented by another person when you appear in proceedings at FWA. If you wish to be represented by a lawyer or paid agent you will need the permission of FWA, unless the lawyer or paid agent is one of your employees or officers, a union or employer organisation or a peak union or employer council or a bargaining representative.

If you decide to represent yourself in proceedings it will be easier for you if you are well prepared. You may consider bringing one or more individuals with you for support. There is generally no objection to you doing so although in private conferences you should be prepared to tell the FWA member dealing with your case why you would like the presence of such individuals.

What if I need an interpreter?

There is no cost to you if you require an interpreter at an FWA hearing or conference, but you must make a request for FWA to provide an interpreter either when lodging your application or before the day of the conference or hearing.

Finding your way to a hearing or conference

Before you attend a conference or hearing at Fair Work Australia you should check the hearings and conferences list.

The list identifies all of the cases for a particular day, together with the FWA members dealing with them, the times of the hearings and conferences and the location details—the floor and the hearing room number.

The list is published in capital city newspapers and on the FWA website (www.fwa.gov.au) each day. Printed copies of the list can also be found at FWA public counters, near the courtrooms or, in some FWA premises, on the building's ground floor. If your hearing or conference is in a regional courthouse you may have to ask for information at the inquiry counter.

Tips for hearings & conferences

  • When you are addressing a FWA member refer to them by their title, e.g. Deputy President or Commissioner. FWA staff at the hearing or conference can advise you of the appropriate form of address if you have any doubts.
  • Make sure you arrive for the hearing or conference early because proceedings begin on time. Notify FWA staff when you arrive by approaching them in the hearing or conference room.
  • If you are delayed for any reason it is important that you contact Fair Work Australia as early as possible to ensure a message is sent to the appropriate FWA staff.
  • If you have a mobile phone or pager, make sure it is switched off in the hearing or conference room.
  • It is customary to bow to the FWA member, by standing and inclining your head, at the beginning of a hearing and if you leave or enter the hearing room while proceedings are underway.
  • It is customary to stand when you are addressing the FWA member or questioning a witness in a hearing.
  • Do not speak when a witness is taking an oath or an affirmation.
  • Do not interrupt the other party or the FWA member when they are speaking.
  • If you are attending a face-to-face conference or hearing bring along enough copies of any documents you want to refer to so that everyone involved has a copy.
  • Do not eat or chew while in the conference or hearing.
  • There is no dress code, but most people attending Fair Work Australia dress neatly.

How can Fair Work Australia assist?

FWA staff can provide you with information over the telephone or at one of our offices. FWA cannot provide legal advice or advice on how best to run a case. However, FWA can give information on:

  • processes in FWA
  • how to make an application to FWA and how to respond to an application that is made against you
  • how to fill out forms
  • where to find useful documents such as legislation and decisions, and
  • other organisations which may be able to assist you.

The FWA website also contains a range of information that can assist in preparing for a hearing or conference including:

If you would prefer to seek assistance over the telephone please contact the FWA Help Line on 1300 799 675.

 

http://www.fwa.gov.au
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