Fair Work Australia is a new institution created in 2009 to perform a range of functions under the Fair Work legislation – although it is far from the ‘one-stop shop’ that Labor had originally promised. It has much in common with the body it principally replaced, the Australian Industrial Relations Commission, not least in terms of its personnel. Yet, at the same time, it has the freedom to operate in ways that have more in common with two other antecedents, the Workplace Authority and the Australian Fair Pay Commission. This article explores the character of the new agency and the processes it has chosen to adopt for four key functions: the approval of enterprise agreements; the resolution of unfair dismissal claims; wage fixation; and the setting and variation of minimum standards.
Acton J (2010) Where have all the cases gone? Voluntary resolution of unfair dismissal claims. Australian Labour Law Association National Conference, Adelaide, 19 November.
2.
Australian Industrial Relations Commission (AIRC) (2009) Annual Report of the President of the Australian Industrial Relations Commission 1 July 2008 to 30 June 2009Melbourne: Australian Industrial Relations Commission.
3.
CanePMcDonaldL (2008) Principles of Administrative Law: Legal Regulation of GovernanceMelbourne: Oxford University Press.
4.
CreightonBStewartA (2010) Labour Law5th ednSydney: Federation Press.
5.
Explanatory Memorandum, Fair Work Bill 2008, House of Representatives, Parliament of Australia, 25 November 2008.
6.
Fair Work Australia (FWA) (2010) Annual Report of Fair Work Australia 1 July 2009–30 June 2010Melbourne: Fair Work Australia.
7.
Fair Work Australia (FWA) (2011a) Quarterly Report: Report to the Minister Jan–Mar 2011Melbourne: Fair Work Australia.
8.
Fair Work Australia (FWA) (2011b) Quarterly Report: Report to the Minister Jul–Sep 2010Melbourne: Fair Work Australia.
9.
Fair Work Australia (FWA) (2011c) Quarterly Report: Report to the Minister Oct–Dec 2010Melbourne: Fair Work Australia.
10.
Forbes-MewettHGriffinGMcKenzieD (2003) The Australian Industrial Relations Commission: Adapting or dying?International Journal of Employment Studies11(2): 1–23.
11.
ForsythA (2006) Arbitration extinguished: The impact of the Work Choices legislation on the Australian Industrial Relations CommissionAustralian Bulletin of Labour32(1): 27–44.
12.
ForsythA (2007) Dispute resolution under Work Choices: The first yearLabour and Industry18(1): 21–46.
13.
ForsythAGostencnikVRossI (2007) Workplace Relations in the Building and Construction IndustrySydney: LexisNexis Butterworths.
14.
GardinerM (2007) Come spring: The Australian Fair Pay Commission as legal transplantAustralian Journal of Labour Law20(2): 159–188.
15.
GillardJ (2007) Address to the National Press ClubCanberra: Parliament House, 30 May.
HardyT (2009) A changing of the guard: Enforcement of workplace relations laws since Work Choices and beyondForsythAStewartAFair Work: The New Workplace Laws and the Work Choices LegacySydney: Federation Press75–98.
18.
HardyTHoweJ (2009) Partners in enforcement? The new balance between government and trade union enforcement of employment standards in AustraliaAustralian Journal of Labour Law22(3): 306–336.
19.
IsaacJE (1990) The Australian industrial relations system: A flexible institution , Working Paper No. 54, Centre for Industrial Relations and Labour Studies, University of Melbourne.
20.
IsaacJEMacintyreS (2004) The New Province for Law and Order: 100 Years of Australian Industrial Conciliation and ArbitrationMelbourne: Cambridge University Press.
21.
MitchellRCampbellRBarnesA (2005) What's going on with the ‘no disadvantage test’? An analysis of outcomes and processes under the Workplace Relations Act 1996Journal of Industrial Relations47(4): 393–423.
22.
MourellMCameronC (2009) Neither simple nor fair – restricting legal representation before Fair Work AustraliaAustralian Journal of Labour Law22(1): 51–72.
23.
MurrayJ (2005) The AIRC's test case on work and family provisions: The end of dynamic regulatory change at the federal level?Australian Journal of Labour Law18(3): 325–343.
24.
MurrayJ (2008) Labour standards, safety nets and minimum conditionsRileyJSheldonPRemaking Australian Industrial RelationsSydney: CCH Australia129–138.
25.
OrrG (2009a) The Fair Work Act and other names of shameAustralian Journal of Administrative Law16(2): 74–76.
26.
OrrG (2009b) Reviewability of employment decisions under Australia's hybrid workplace lawAustralian Journal of Administrative Law16(4): 196–199.
27.
RuddK (2007) Facing the future. Address to the National Press ClubCanberra: Parliament House, 17 April.
28.
RuddKGillardJ (2007a) Forward with Fairness: Labor's Plan for Fairer and More Productive Australian WorkplacesCanberra: Australian Labor Party.
29.
RuddKGillardJ (2007b) Forward with Fairness: Policy Implementation PlanCanberra: Australian Labor Party.
30.
SmithG (2008) Reviving the Commission: Bring back the umpire. Address to the Industrial Relations Society of the Northern Territory Annual ConventionDarwin.
31.
SoutheyK (2008) Forward with unfair dismissal claimsLabour & Industry19(1/2): 25–48.
32.
Southey K and Fry S (2010) Stacking the Commission: Has it occurred and does it matter in unfair dismissal arbitration? Twenty-fourth Association of Industrial Relations Academics of Australia and New Zealand Conference, Sydney.
33.
StewartA (2004) The AIRC's evolving role in policing bargainingAustralian Journal of Labour Law17(3): 245–275.
34.
StewartA (2005) A simple plan for reform? The problem of complexity in workplace regulationAustralian Bulletin of Labour31(3): 210–236.
35.
StewartA (2009) A question of balance: Labor's new vision for workplace regulationAustralian Journal of Labour Law22(1): 3–50.
36.
StewartA (2011) Stewart's Guide to Employment Law3rd ednSydney: Federation Press.
37.
SutherlandC (2009) Making the ‘BOOT’ fit: Reforms to agreement-making from Work Choices to Fair WorkForsythAStewartAFair Work: The New Workplace Laws and the Work Choices LegacySydney: Federation Press99–119.
38.
TNS Social Research (2010) Fair Work Australia Unfair Dismissal Conciliation ResearchFyshwick, ACT: TNS Social Research.
39.
WaringPde RuyterABurgessJ (2006) The Australian Fair Pay Commission: Rationale, operation, antecedents and implicationsEconomic and Labour Relations Review16(2): 127–146.
