What is a hearing?

If the parties do not reach an agreement at the conciliation conference, then a hearing is held. A hearing is where the Commission receives arguments and evidence from both parties and makes a binding decision on a matter. It usually takes place in a court room. There are two types of hearings: interlocutory or preliminary hearings and substantive hearings. 

Interlocutory or preliminary hearings 

There may be issues that have to be determined by the Commission before the merits or substance of an application can be dealt with. These preliminary (or interlocutory) hearings may relate to an issue with the employee’s claim that needs to be resolved before the rest of the matter can proceed, such as an application for discovery of documents or whether the Commission has jurisdiction to deal with the application;

There may be one or more interlocutory hearings before the substantive hearing to deal with preliminary or procedural issues. 

Directions hearings are similar to preliminary hearings and are designed to allow the parties and the Commission to work out:

• what the issues are that the Commission will need to decide at a final hearing;
• what steps can be taken to make sure those issues are decided in a fair and efficient way; and
• when those steps will happen.

This can include setting out a timeline for when things should occur such as discovery, or when documents are to be filed with the Commission, such as outlines of submissions or witness statements. 

Substantive hearing

A substantive hearing is where the Commission hears and determines the substance or merits of the employment or industrial issues in dispute. This is where you or your representative can present evidence to support your application.

For more information, please read the Commission's hearing fact sheet by clicking here.

For information on evidence, please read the Commission's evidence fact sheet by clicking here.

For information on representation and representing yourself, please read the Commission's representation fact sheet by clicking here.

Possible outcomes of a hearing

The Commissioner who hears the evidence and arguments might make a decision about the claim:

• at the hearing, after all evidence and arguments are presented; or
• after the hearing, by “reserving” the decision.

If the Commissioner “reserves” the decision, this means the Commissioner needs time to review everything that has been presented and consider the issues before making any orders or giving a decision.   

The Commission’s orders are binding and enforceable. If anyone does not comply with the Commission’s orders, an enforcement application can be made to the Industrial Magistrates Court. That Court can make orders for penalties.