Directions

​​​​What are directions?

When you are sent a Notice of Listing for a hearing, you will also be given directions to prepare your case for the hearing. Directions are written instructions from the Fair Work Commission (the Commission) about preparing, filing and serving (formally giving the other side) documents.

What directions will the Fair Work Commission make?

The usual directions are:

• The applicant (the employee) should prepare an outline of submissions and any witness statements.
• The applicant should file the outline of submissions and any witness statements with the Commission and serve these on the respondent (the employer) by the date set by the Commission.
• The respondent should prepare an outline of submissions and any witness statements.
• The respondent should file the outline of submissions and any witness statements with the Commission and serve these on the applicant by the date set by the Commission.

This means that you should prepare:

• an outline of submissions (this is a summary of your arguments about your case)
• witness statements for yourself and for any witness that you want to bring to the hearing.

If there is a good reason why you cannot follow the directions, you should contact the Commission straight away.

For information about writing an outline of submissions, see How to write an outline of submissions.

For information about writing a witness statement, see How to write a witness statement.

What happens if you do not follow the directions?

If you have not kept to the directions, the Commission will send you a notice telling you to attend a non-compliance hearing. This is usually done by video link or telephone.

At the non-compliance hearing you may be asked:

• to explain why you did not follow the directions
• when you can do the things in the directions.

You may be given another chance to follow the directions. If you still do not follow the directions, your case may be 'struck out'. This means that the Commission has ended your case. If this has happened to you and you want to continue you case, you should get legal advice straight away.

If you decide that you want to use additional witness statements or evidence at the hearing that you did not file and serve by the date set in the directions, the respondent may object to you using this evidence. The Commission member hearing your case will then need to make a decision about whether you can use that evidence. If the Commission member will not let you use your evidence, it is possible to ask for an adjournment to give the other side time to consider your evidence so that it can be used in your case. If the Commission member does not give you an adjournment you will have to continue your case without that evidence or settle your case with the other side.

What happens if the respondent does not follow the directions?

If the respondent (the employer) does not keep to the directions, the Commission will send them a notice telling them to attend a non-compliance hearing. This is usually done by video link or telephone.

At the non-compliance hearing the respondent may be asked:

• to explain why they did not follow the directions
• when they can do the things in the directions.

If the respondent does not follow the directions and later tries to use witness statements or other evidence at the hearing that it has not filed or served on you, it is possible to object to those documents being considered by the Commission. If you object, the Commission member hearing your case may decide that the witness statements or other evidence cannot be used. The Commission member can also decide to adjourn (postpone) your case to give you time to consider the documents.

For answers to commonly asked questions, see Going to the Fair Work Commission - Frequently Asked Questions.