# Can I report a Fair Work Commission member for being completely biased?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-06
- Last updated: 2026-11-06
- Canonical: https://lawasked.com/au/employment-law/can-i-report-fair-work-commission-member-completely

## Question

I am writing this from Melbourne, Victoria, because I am absolutely at my wits' end with a recent hearing. Back on the 14th of February, I attended a mediation session regarding an unfair dismissal claim against my former employer. During the entire three-hour session, the member presiding over the matter was incredibly unprofessional. Every time I tried to explain how my manager breached our employment contract, the member would interrupt me, roll their eyes, and make snide remarks about my character. It felt like they had already made up their mind before I even opened my mouth. I even tried to politely ask for a moment to finish my sentence, but they just shut me down. I have already tried lodging a formal internal grievance with the Commission's administration office last week, but they just sent me a generic email saying they handle administrative errors, not the actual conduct of the members themselves. This person's behaviour was so out of line that I feel the entire process was rigged against me. Since the Commission won't help, I am wondering if there is any way to escalate this to the government level? Is there a way to make the Minister involved so that this member can actually be investigated or even removed from their position for such terrible conduct?

## Summary

Yes, there is a process to involve the Minister, but you cannot go directly to them to demand a member's removal. You must first follow the internal complaint process through the Fair Work Commission (FWC) President.

## Analysis

While you feel the mediation on 14 February was rigged, the law provides a specific hierarchy for handling complaints about how a member performs their duties. You cannot jump straight to the Minister to request an investigation or removal. 

First, the President of the FWC has the power to deal with complaints about other members. The President may "deal... with a complaint about the performance by another FWC Member of his or her duties" [1]. This means the President can decide whether to dismiss your complaint or handle it by taking measures to "maintain public confidence in the FWC" [1]. 

If the President handles your complaint and finds that the issues you raised are true, they can then escalate the matter. The President must refer the complaint to the Minister if they are satisfied that "each House of the Parliament should consider whether to present to the Governor ‑ General an address praying for the termination of the appointment of the FWC Member" [1]. 

Once a matter is referred, the Minister has the authority to step in. The Minister may "handle a complaint about the performance by an FWC Member of his or her duties" [2]. This is done for the purpose of deciding if Parliament should ask the Governor-General to end the member's appointment or if the Minister should advise the Governor-General to suspend them [2]. 

It is currently uncertain if your specific experience of eye-rolling and interruptions meets the high legal threshold required for the President to substantiate the complaint and refer it to the Minister for potential termination of employment.

## Statutory citations

- Fair Work Act 2009, Section 581A - Dealing with a complaint about an FWC Member [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > The President may: (a) deal... with a complaint about the performance by another FWC Member of his or her duties; and (b) take any measures that the President believes are reasonably necessary to maintain public confidence in the FWC
- Fair Work Act 2009, Section 641A - Minister may handle complaints about FWC Members [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > The Minister may handle a complaint about the performance by an FWC Member of his or her duties: (a) for the purpose of considering whether each House of the Parliament should consider whether to present to the Governor ‑ General an address praying for the termination of the appointment of the FWC Member

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