Fair Work Commission (FWC)
The national workplace relations tribunal. Through work value cases it can vary award minimum rates where the value of work has been undervalued, including on the basis of gender-based undervaluation.
Responsibilities
- Determine work value cases and vary modern award rates
- Set and adjust the national minimum wage
- Approve enterprise agreements and resolve disputes
Operates under
- Fair Work Act 2009 (Cth)
The Commission belongs in this database because it is the alternative route to something two other domains here attempt by other means: raising wages in a care sector the Commonwealth funds.
In aged care, wages were raised through the industrial system. The Health Services Union lodged a work value case in November 2020 arguing gender-based undervaluation. The Commission awarded an interim 15 per cent, then further increases of between 3 and 13 per cent paid on 1 January 2025 and 1 October 2025, and for nurses a three-stage increase of between 4 and 25 per cent with the final tranche on 1 August 2026. The Commonwealth funded it at $17.7 billion in total, covering an estimated 400,000 workers.
In childcare, wages were raised through a grant. The Worker Retention Payment delivers a 15 per cent above-award increase, conditional on a service opting in and capping fee increases, funded to 30 June 2028.
The comparison is the point, and neither route is obviously better.
The industrial route took five years and nine months from lodgement to final payment. It produced a permanent change to award minimum rates that binds every employer, does not expire, requires no employer to opt in, and cannot be withdrawn by a future government without another case.
The grant route took months. It reaches a worker only if their employer joined, runs to a fixed date, and has already been extended once.
Speed and durability traded directly against each other. This site spends most of its time arguing for speed, and this is the clearest case in it where the slow process produced the better instrument. See Aged care wages are raised through a work value case.
Where this body appears in a process
Every point at which Fair Work Commission can hold something up, and why.
| Process | Step | Why it waits | Clock | Typical |
|---|---|---|---|---|
| Aged care wages are raised through a work value case | Application lodged application | applicant | — | 90 |
| Aged care wages are raised through a work value case | Evidence, submissions and hearings assessment | assessment | — | 730 |
| Aged care wages are raised through a work value case | Interim decision: 15 per cent decision | assessment | — | 240 |
| Aged care wages are raised through a work value case | Stage 3 decision decision | assessment | — | 365 |
