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Fair Work Australia:

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What is Fair Work Australia?

Fair Work Australia attempted to create a uniform and comprehensive national system of regulating employer-employee relations throughout the country.

The Commonwealth Fair Work Act 2009 established the national workplace relations tribunal, where disputes relating to employer-employee relations are resolved. The tribunal’s functions include the following broad categories of activity:

  • The provision of a “safety net” of minimum conditions – these include a minimum wage and various awards;
  • The facilitation of bargaining between negotiating parties, in good faith, when making enterprise agreements;
  • The provision of a forum in which workplace disputes (collective or individual) can be resolved;
  • The facilitation of conciliation, mediation and arbitration where necessary;
  • Regulating industrial action – such as strikes;
  • Considering claims of unfair dismissal;
  • Various other matters relevant to the workplace.

This new system replaced the old system comprised of the Industrial Relations Commission, the Australian Industrial Registry, the Australian Fair Pay Commission and the Workplace Authority. Other institutions that are involved in the new system include the Fair Work Ombudsman as well as the Federal Court of Australia and the Federal Magistrates Court of Australia.

What is the Fair Work Ombudsman?

The Fair Work Ombudsman provides information to all Australians, whether they are employers or employees, and offers information and advice relating to their workplace rights and liabilities. The Ombudsman is an entity independent from the government and carries out its own investigations and makes its own determinations. Some of the main functions of the Ombudsman include the following broad categories:

  • The provision of information to the public about Australia’s workplace relations system;
  • To educate the public in relation to fair work practices as well as the rights, liabilities and obligations of employers and employees;
  • To ensure compliance with relevant Commonwealth law;
  • Investigate complaints in relation to the breach of any law;
  • Enforces the law through a process of litigation, where necessary;

Essentially, according to the Ombudsman himself, the Faith Work Ombudsman exists to create “harmonious, productive and cooperative workplace relations ... builds strong and effective relationships with industry, unions and other stakeholders”;[1]

[1] Fair Work Ombudsman, “Our Role” <http://www.fairwork.gov.au/about-us/our-role> (accessed 19 October 2012)

What matters does Fair Work Australia consider?

The areas in which Fair Work Australia is active include the making, variation and termination of agreements, review and regulation of wages, administration of awards, the investigation of dismissals, disputes, entry notices and entry permits, and industrial actions. Whether you have had experience dealing with Fair Work Australia or are new to this system, you will benefit from the knowledge and skill that a solicitor who is familiar in this field can impart to you. Navado is in a position to provide employment legal advice in relation to these and related matters which may go before the national workplace relations tribunal.  We have a team of employment lawyers that assist clients with employment law on a regular basis.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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