1. A fair hearing
2. Independent and unbiased decision makers
3. A decision based on evidence
Indeed, the FWA stipulates that for those organizations covered by the FWA, 4 when considering whether dismissals are unfair, the concept of a ‘fair go all round’ is a paramount consideration.5 Under section 387 of the FWA, some of the criteria to be taken into account in determining whether a dismissal was harsh, unjust or unreasonable reflect common law principles of procedural fairness, thereby underscoring the importance of these principles.
How to implement the principles of procedural fairness in your workplace practices and investigation procedures is explained in detail during our investigation training courses. Visit our website for more information here
1 See Creyke, Robin and McMillan, John. 2009. Control of Government Action Text, Cases and Commentary Second Edition, Lexis Nexis Butterworths pages 683, 689 citing Callinan J in Re Minister for Immigration and Multicultural Affairs: Ex Parte Lam (2003) 214 CLR 1
2  AC 40
4 According to the Federal Government website, https://www.fairwork.gov.au/ most Australian workplaces are covered by the FWA. Those that aren’t are covered by their state system. Those not covered include:
- employees employed by state government and local governments (unless their employer has a registered agreement in the national system)
- many employees employed in Western Australia.
5 See FWA section 381(2) which refers to Sheldon J in Re Loty and Holloway v Australian Workers’ Union  AR(NSW) 95