Presenters: Commissioner Anne Gooley Commissioner David Gregory Date: June 2012 Country Paper: Australia

© Commonwealth of Australia — Fair Work Australia2 Outline What is Fair Work Australia (FWA) What is the structure of FWA What are the primary functions What are the processes utilised by FWA to resolve disputes What is the nature of decisions and orders of FWA What numbers of applications are dealt with by FWA

© Commonwealth of Australia — Fair Work Australia3 Fair Work Australia FWA is a national body operating in each State and Territory of Australia Established in July 2009 but it is a successor to the Australian Industrial Relations Commission Creature of Commonwealth statute: Roles, functions and powers in legislation Broad powers to inform itself but must provide natural justice Equity, good conscience and substantial merits Emphasis upon expeditious, informal dispute resolution Independent of Government

© Commonwealth of Australia — Fair Work Australia4 FWA Structure President Presidential Members Minimum Wage Panel General Manager Commissioners Administration Staff

© Commonwealth of Australia — Fair Work Australia5 Primary Functions of Fair Work Australia providing a safety net of minimum conditions, including minimum wages, in awards facilitating good faith bargaining and the making of enterprise agreements granting remedies for unfair dismissal regulating the taking of industrial action resolving a range of collective and individual workplace disputes through conciliation, mediation and in some cases arbitration functions in connection with workplace determinations, equal remuneration, transfer of business, general workplace protections, right of entry and stand down administering the registration of Unions and Employer associations and their financial accountability

© Commonwealth of Australia — Fair Work Australia6 General Dispute Resolution If unresolved and FWA empowered Example – issue arising under an enterprise agreement or award

© Commonwealth of Australia — Fair Work Australia7 General Protections Disputes If Unresolved Example – Unlawful Dismissal on Grounds of Industrial Activity

© Commonwealth of Australia — Fair Work Australia8 Unfair Dismissal

© Commonwealth of Australia — Fair Work Australia9 Binding nature of decisions & orders Orders and decisions handed down by FWA are binding on the parties involved – enforceable in the Courts They may be appealed to the Federal Court on matters of law FWA does not have the power to make binding orders with regard to certain matters including: o Unlawful terminations; o Disputes under Awards and Enterprise agreements unless the parties consent to allow FWA to arbitrate disputes; and o Certain matters arising from the National Employment Standards.

© Commonwealth of Australia — Fair Work Australia10 FWA Applications Matters lodged