Enforcing a FWC Decision or recover unpaid wages – Part I

Hi. Welcome to Tips Tuesday. My name is Melanie Thorley and I’m here to talk about enforcing the decision or order from the Fair Work Commission.

You might get an order or decision from the Fair Work Commission if you’ve for example made an application for an unfair dismissal or you’ve made a general protections application. You’ve gone through the process. You’ve had a hearing and now there’s been a decision. The decision is quite often given to you in writing and will state what the orders are and those orders may well be compensation to you of an amount of money.

If we go here and just click on Fair Work Commission, Google Fair Work Commission. Let me click on the website, Fair Work Commission. This the the website that you will go to to learn a little bit more about how to enforce that decision. Now, one thing that may happen once the decision is made is that there is a certain amount of time that your employer has to give you the money or to pay that compensation. What if they don’t pay? It’s very, very difficult to make someone pay that money. One of the things that the Fair Work Commission does is gives you some pointers as how to get that money, or how to chase it.

We go to resolving issues. Click down to enforcing a decision or order. Here we have the web page enforcing a decision or order. It talks a little bit about what the decision or order is and what sort of settlement you might receive or the options to enforce an order. Here in Queensland, the option we have in my view of these the better option we have is to go through the Federal circuit court. If the matter is under $20,000, then you can take it through the small claims court and the Federal circuit court fair work division. That’s a fairly simple process, but today we’ve got part one of several parts in order to work you through that process.

Now the small claims proceedings and the Federal circuit court costs money to make the application. If you’re filing the application under section 54A which is that section we just talked about and enforcing a decision. Then if the claim is less than $10,000 then the application fee will be $210. If the application is between $10,000 and $20,000, then your application fee at the moment is $345.

Thank you for watching today. Hopefully that’s given you somewhere to start with. Next week we’re going to talk about what those application forms look like.