QLD Action against Employer for False Evidence

[Poidah]

Is the F8A employer response to a FWC action considered evidence or admissible?
What are the actions available if there are objective evidence demonstrating falsehood such as GPS and video evidence prior to FWC conciliation? Or is it only considered "evidence" at the court level (Fed, FCCA) once submitted as an affidavit or on the witness stand?

Evidence

False or misleading evidence (Fair Work Act s.678)
Giving false or misleading evidence, or inducing or coercing another person to give false or misleading evidence carries a penalty of imprisonment for 12 months.
Giving false or misleading evidence
A person (the witness) commits an offence if:

• the witness gives sworn or affirmed evidence, and
• the witness gives the evidence as a witness:
  • in a matter before the Commission, or
  • before a person taking evidence on behalf of the Commission for use in a matter that the witness will start by application to the Commission; and
• the evidence is false or misleading.[5]

 

[Rod]

I suspect you are overthinking the situation. The FWC has no jurisdiction to arbitrate anyway on a GP claim.

File your claim at court with your evidence. Then wait and see how the employer responds.

 

[Poidah]

File your claim at court with your evidence. Then wait and see how the employer responds.

Good point, but it is cheaper to wait till the certificate is provide after FWC conciliation, which subsidises court submission...

 

[Rod]

Go to conference if the other side agrees, if it doesn't settle you get your certificate and apply to court. Court fees don't change.