Fair Work Australia ( Fwa )

ESSAY ON THE CONTRACT BETWEEN FAIR WORK AUSTRALIA LEGISLATION AND WORKCHOICE, 2010 Prepared for: Dr. Shalene Werth Submitted:12 November 2010 Prepared by Li Chenyi Differentiation between Fair Work Australia and WorkChoice Fair Work Australia Fair Work Australia (FWA) is the new government industrial relations institution established by the Rudd Government 's Fair Work Act 2009. It replaced WorkChoice act on 1 July 2009. This essay will compare and contrast FWA and WorkChoice from the theory

associations in Australia conducted an active lobbying campaign to introduce legislative changes with respect to industrial relations. Predominantly they were seeking to diminish the power of collective bargaining and increase managerial control under the

Dunlop’s system theory with Fair Work Act 2009 The system theory of John Dunlop is one of the traditional perspectives on the employment relationship. He trusts that if stakeholders bound together over a settled ‘web of rules’ can be seen as a distinct system in industrial relation. According to Dunlop (cited in Teicher, Holland & Gough 2006, p.34), he explains “The establishment and administration of these rules is the major concern or output of the industrial relation sub system

bargaining is a negotiation process between employers and employees on the terms and conditions of work which form the enterprise agreement (Natalie 2010, p.199). Good faith bargaining on the other hand, generally refers to duty of the parties to meet and negotiate at reasonable time with willingness to reach an agreement on matters within the scope of representation (Riley 2012, pp.22-29). According to Fair Work Act 2009 “To bargain collectively is the performance of the mutual obligation of the employer

in Australia. One significant event that was widely reported in the media and according to Catanzartiti and Kane (2012) “captured the interest of the mainstream press more than any other case during 2011”, was the Qantas Airways Limited (Qantas) dispute”. The Qantas dispute involved varying parties. These parties included Qantas employees and their representing unions, Qantas Management, the Minister for Tertiary Education, Skills Jobs and Workplace Relations and Fair Work Australia Qantas

likes us to attending the Fair Work Tribunal/Fair Work Australia (FWA), have hearing and discussing the case, I think that makes law became very interesting and vividly, because by time when we hearing the real cases, those knowledge’s could deep-going in our mind. Firstly, I would like to introduce what is the FWA, the Fair Work Australia is “The Australia’s national workplace relations system, the Fair work system, started on 1 July 2009 and was created by the Fair work Act 2009; it covers the majority

the regulations to take effect, the relationship between an employer and employee needs to be recognised. This report seeks to analyse some HR issues that are pertinent to businesses that operate on a contractual basis. 1.1 Uber Australia Case Background Uber Australia is currently facing unfair dismissal settlements lodged against it by drivers. The company’s decision to settle as opposed to continue with a court proceeding for alleged misconduct raises the question of employer-employee relationship

importance. Fair work act 2009 plays a vital role in development of bargaining rules. The pathway through which the legislation seeks to encourage enterprise level’s collective bargaining is by authorizing Fair work Australia (FWA) to enable ease in making of enterprise arguments and good faith in bargaining. Through a couple of mechanisms, the part 2-4 of the FW act provides support in initiating and throughout the bargaining process (Forsyth et al. 2012). The main objective of the Fair Work Act 2009

the summary dismissal was not handled correctly which by default becomes unlawful dismissal. Summary dismissal is where the employee has been dismissed without notice because of something they have done has destroyed the employment relationship (Fair Work Commission, 2015). In Larry’s case there has been a breach of general protections which requires a notice period at dismissal. Examining the circumstance Larry’s extremely low test readings, and no prior knowledge to the policy the consequence of

importance of the Fair Work Act as to why it should be carefully complied with. With this, Loose Change management will be able to infer the best courses of action in the establishment of the firm and its workforce. Effective Human Resource Management (HRM) is becoming an increasingly indispensable facet for organisational competitiveness and success (Guest et. al., 1994). Due to the employment relationship being a continuous and open-ended contract, employees can improve or restrict actual work effort, dependent