Enforcing a FWC Decision or recover unpaid wages – Part II
Hi. My name’s Melanie Thorley and I am the principal associate at HKT Law doing part two of Tips Tuesday, how to enforce a decision from the Fair Work Commission.
This time we’re going to go to the Federal circuit court website and look up those forms that we’re going to need in order to file to get that decision enforced. We’re going to go to Federal circuit court. There we go. We’re going to click on court forms. If we just pop into the main website. Go to forms. Here we are. We’re going to scroll all the way down until we get to industrial law. Click on that and here we’ve got the different forms that we need. If we’re going to use the Federal circuit court, small claims decision to enforce that decision.
First of all, we’re going to need an application and we’re going to need a form five. If we just click on the application, here it is here, and it says here that at the same time as filling in and filing the application, you’re actually going to need to file another form. If you’re making a small claim under the Fair Work Act to enforce that decision, then you will need this form five. For now, we’re going to look at the application itself. Just a moment. I’m going to bring up the Word document.
Here it is. Okay. Oops. Right. We’re going to delete the words delete if not applicable because small claims list is applicable. We’re going to accept that and we’re going to keep going. Right. Now you put your name in there because you’re the applicant. You put the respondent’s name in there. The respondent is the person with whom you’re trying to enforce the decision against. It just says repeat as necessary.
You’re going to be clicking the Fair Work Act and you’re going to say it’s a small claim. We’re going to but Brisbane in here and we’re going to leave this time available. Okay. What you’re looking for, I always put the orders are sort by the application as seen under the claim. That’s going to be your form five so we’re going to check this and we’re also going to check this because that’s also going to be set out in your form five. We’re going to leave this blank. You’re going to sign it. You’re going to say that you’re the applicant and you’re going to date it.
Now, you’re going to put the respondent’s name and address in here. This gives them some more information. You will file all the forms except all this. That all gets deleted. This is the forms you’re going to file. Obviously you fill this in as well. You’ll be filing this with that form five.
Thank you for watching today. This is the first form that we’re going to be looking at next week, which will be part three is the form five which you’ll be putting with this one.