The FWC Online Learning Portal is an online learning management system.

The Portal is operated by the Fair Work Commission (the "Commission") on behalf of the Commonwealth of Australia. See the About us page on the Commission’s website.

In these Terms the words "we", "us" and "our" refers to the Commission and the words "you" and "your" refer to the person using the Portal.

By accessing the Portal (either the public or private access pages), you agree to be bound by the following:

• the terms and conditions (“Terms”) contained in this document;
• the Commission’s Privacy Policy; and
• the Commission’s Copyright Policy.

If you agree to be bound, you may use the Portal for non-commercial use or use within your organisation.

If you do not agree to be bound by these Terms (including the associated policies above), you do not have permission to access the contents of the Portal and must cease access to, and use of, the Portal immediately.

These Terms will apply in addition to any other Commission terms that specifically apply to being a user of the Portal. But if those other Commission terms are inconsistent with these Terms, those other Commission terms will prevail to the extent of the inconsistency.

We reserve the right to change these Terms, at any time, at our sole discretion, without notice.

We reserve the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved.

1. GENERAL
   1. Without the Commission’s express prior permission, you may not:
      1. modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Portal,
      2. copy, or reproduce the Portal in any way, in whole or in part,
      3. create any adaptation or derivative work based on the Portal,
      4. re-distribute or sublicense the Portal, or any part thereof, to any third party,
      5. “frame” or “mirror” any content available on the Portal on any other server or wireless Internet-based device,
      6. use the Portal on a service bureau basis, or
      7. allow, assist or permit any unauthorised third party to do any of the foregoing.
   2. The Portal may contain hyperlinks to pages on external government and non-government websites (third party websites). Unless otherwise indicated, we:
      • do not endorse or authorise the content of any third-party website;
      • are not affiliated or associated with the owner or operator of any third-party website; and
      • assume no responsibility or liability for the condition or content of any third-party website or for the operation or function of any service or facility offered on any third-party website.
   3. The inclusion of any Commission email addresses on this website is not consent to receive unsolicited commercial electronic messages or spam.
   
   
2. USERS
   1. If you agree to these Terms and the associated policies you may access and use the Portal.
   2. You may download digital files provided by the Commission for the purpose of including them in your organisation’s own learning management system or similar service. Where included, these materials must attribute the Commission as the author.
   3. You are responsible for maintaining the confidentiality of your Commission account and password information, and for restricting access to your computer.
   4. You must not publish inappropriate, defamatory or offensive information, materials or comments on the Portal.
   
   
3. UPDATES
   1. Our learning materials are sometimes updated to remain current, relevant and accurate.
   2. If a file you have downloaded is updated, you consent to us contacting you at the email address associated with your account to let you know.
   3. You may opt-out of receiving these updates by unsubscribing from our emails.
   
   
4. OWNERSHIP
   1. We own all intellectual property rights to our material published on the Portal.
   2. The material published on the Portal contains authorship attribution. Except as expressly set out in these Terms, all intellectual property rights in respect of the material published on the Portal belongs to us or the relevant third parties identified.
   
   

5. RESPONSIBILITIES
   1. You must report to us immediately, and use reasonable efforts to stop immediately, any use of the Portal or its contents in violation of these Terms that you are aware of or suspect.
   
   
6. DISCLAIMERS
   1. To the extent permitted by law, we exclude liability for any loss (including loss from viruses) caused by use or reliance on these Terms, the associated policies or the Portal.
   2. Further disclaimer information is available in the Portal Disclaimer.
   
   
7. TERMINATION
   1. We may terminate your access to the Portal at any time without notice.
   2. Upon the termination of your access, you must not use the Portal.
   
   
8. DATA AND SYSTEMS INTEGRITY
   1. You acknowledge that we will not be responsible for any corruption or failed transmission of any information attributable to your computer system or any act or omission of your Internet Service Provider.
   2. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal.
   3. You acknowledge that access to the Portal:
      1. may not be continuous or uninterrupted at all times; and
      2. may be interfered with by factors or circumstances outside of our control.
   
   
9. GOVERNING LAW
   1. The validity, construction, and interpretation of these Terms and the rights and duties of the parties shall be governed by the laws of the Commonwealth of Australia.
   2. You agree that the courts of the Commonwealth of Australia have non-exclusive jurisdiction with respect to any matter arising from the Terms of this website.
   3. If any provision of these Terms is held to be invalid or unenforceable that provision may be:
      • read down to the extent necessary to make it valid and enforceable; or
      • severed and the remaining provisions of these Terms enforced.
   
   

Last modified: June 2024.