Enforcing a FWC Decision or recover unpaid wages – Part III

Hi. Welcome to Tips Tuesday. My name is Melanie Thorley and this is part three of how to enforce a decision from the Fair Work Commission. Last week we learned how to fill in the application. This time we’re going to look at that form five small claims form.

We’re just going to go do Federal circuit court again. We’re going to do really quickly. Go into court forms. Scroll down to industrial law and we’re going to look at that form five small claims under the Fair Work Act. I’ve downloaded the form. Here it is here.

Now we’ve put in some more additional information. We don’t have the file number but the registry is likely going to be Brisbane. You’ll put in the registry that’s closest to you. You put the applicant in which is you. The respondent which is the employer who’s been ordered to pay the money who hasn’t yet. Then you just give yourself, you just put all your details in. It’s asking for your name, your address, your phone number, date of birth. Then it’s asking the name of the employer, their address, if you’ve got representation. If you’re likely not going to have representation, of course you can call me and I can help you out here. You go to no. Then it asks you to go strait down to fifteen so we’re going to do that. It asks for notices. Where do you want notices to go to court?

Well, this is the address in too. If we just scroll up here, we see that it’s going to be your address. Let’s just scroll that down quickly and it’s going to be your address there. Okay now it’s going to ask for details of the work performed by you and so this is where you get to talk about your story. Say your occupation and what sort of work that you did, your duties, if you’re on a award, what award that was and places where you worked. Also it asks about your employment status and whether your employment was terminated. If it was, you need to also provide your letter of termination.

Now it’s going to ask about your hours and then it’s going to talk about what contravention that you’re alleging. Here it would be a workplace determination and you just got to give some details about that. If it’s an unfair dismissal application, then that’s what you would say. If it’s a general protections application, you would put that there too. Then you would talk about the provision in the Fair Work Act. For example, if you were unfairly dismissed, then you would say something along the lines of part 3-2, unfair dismissal from the Fair Work Act or if it was a general protection then you would say part 3-1 of the general protections of the Fair Work Act.

Now we’re going to scroll all the way down here and this is where you get to put what the commission stated. Normally in their provisions, they will say that you received this many weeks wages and then what you’ve aroused. Then put that all together, put the title in and then obviously you’d put yourself in as who should the compensation be paid to.

This also provides you a chance to put the details of your claim and here you would discuss the reasons. You would say that you made an application for unfair dismissal. That application went through to a hearing and that you were successful and that there was a decision based on that and here is a decision. You would then sign it and you would click by the applicant. You would date it. That would get filed along with that application form.

Thank you for watching today. Hopefully that’s going to be of some help to you. Next week we’re going to be using part four on what to do with those two applications now that you’ve filled them in. See you soon.