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An Essay on the Contract Between Fair Work Australia Legislation and Workchoice, 2010

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An Essay on the Contract Between Fair Work Australia Legislation and Workchoice, 2010
AN 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 of unitarism and pluralism. And discuss the transition of industrial relation system of Australia based on these two legislations.

In 2007, the Australia Labor Party (ALP) came to power, and then, the Rudd Government legislated amendments to all existing tribunals, bodies and agencies created by the Howard government with FWA in 2009 hence the Australia’s workplace relations system changed. FWA is proposed to be a ‘one-stop shop’ for information, advice and assistance in settling grievances and disputes, ensuring compliance with industrial relations obligations, and overseeing the forward with fairness industrial relations system (Australian Labour Party 2007a, pp. 17-18).
The range of functions cover five areas including the safety net of minimum wages and employment conditions; enterprise bargaining; Industrial action; Dispute resolution; and Termination of employment (Fair Work ombudsman, 2010).
The responsibilities of FWA include:
1. The resolution of workplace grievances
2. Hearing unfair dismissal and unlawful termination claims
3. Adjusting minimum wages and award wages
4. Monitoring compliance with, and ensuring application of, legislation, awards and agreements
5. Regulating registered industrial organisations
The FWA is supported by the theory of pluralism, which indicated that workers and management are always in conflict, people needs to negotiation to assort with each party’s interests.

Collective bargaining is at the heart of Labor
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