Preview

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

Powerful Essays
Open Document
Open Document
2189 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
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
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Patrick Ivedores Waterfront Dispute Case Study
    • 1092 Words
    • 5 Pages

    Patrick Ivedores Waterfront Dispute Case Study

    In this report, an analysis of employment relations is looked at in regard to the Patrick Stevedores Dispute of 1998. This dispute was a massive class battle that took place between Patrick Stevedores and the Maritime Union of Australia (MUA). It was one of Australia’s biggest, ever industrial conflicts of the 1990’s challenging the industrial unions of the time by the standing Australian Government.…

    • 1092 Words
    • 5 Pages
    Good Essays
    Read More
  • Powerful Essays

    Current Law In Australia Case Study
    • 1728 Words
    • 7 Pages

    Current Law In Australia Case Study

    The power dynamic within employment relationships has a direct bearing, and often can be decisive in the outcomes of industrial disputes. Indeed, the ability of employees to effectively negotiate agreeable working conditions is dependent upon their actual or perceived ability to withdraw their labour. A powerful form of industrial protest available to employees and trade unions is the picket line. This essay aims to discuss the legal treatment of picketing under the current law in Australia and the range of relief options available for employers. Further, it will examine the whether the law should move beyond a merely formal recognition of workers’…

    • 1728 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Industrial relations exam notes
    • 27230 Words
    • 109 Pages

    Industrial relations exam notes

    6 The development of labour laws in Australia .................................................................................... 6 Topic 2 – Who is an Employee?..................................................................................................... 8 The employment relationship – ‘balancing the indicia’ .....................................................................…

    • 27230 Words
    • 109 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    assignment 201
    • 1267 Words
    • 6 Pages

    assignment 201

    1. The aspects covered by law are minium wage, to make sure you are not discriminated, health and safety, training, working hours and dismissal procedures.…

    • 1267 Words
    • 6 Pages
    Satisfactory Essays
    Read More
  • Best Essays

    Fair Work Act 2009: Business Analysis
    • 1865 Words
    • 8 Pages

    Fair Work Act 2009: Business Analysis

    It is the intention of this essay to critically discuss and analyse the various relevant theories related to industrial relations and changes that had taken place since 2005 in industrial relations that have impacted employment relations at the workplace and how they improved the workplace conditions. This will be carried out by exhibiting the brief history industrial relations and changes in Australia. It will provide a brief overview of Fair Work Act 2009 in comparison to the Work Choices 2005 and rules and regulations relating to the employees work rights and benefits. Secondly, the essay will explain how Fair work has been able to improve the employment relations at the workplace. It will also outline the relevant HR theories…

    • 1865 Words
    • 8 Pages
    Best Essays
    Read More
  • Good Essays

    Fair Work Commission (FWC)
    • 810 Words
    • 4 Pages

    Fair Work Commission (FWC)

    Australia’s society has grown existentially since the birth of many organisations who each play crucial roles in the…

    • 810 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Australian Consumer Law
    • 1007 Words
    • 5 Pages

    Australian Consumer Law

    * Unfair Contracts, on the old law this took effect at a commonwealth level in Victoria and NSW and now, this law took effect as law of other states and…

    • 1007 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Fair Labor Standards Act of 1938
    • 1706 Words
    • 7 Pages

    Fair Labor Standards Act of 1938

    The Fair Labor Standards Act is my selection for this paper because it has directly impacted my life. As a call center manager, I was deposed regarding a lawsuit claiming there had been a violation of the FLSA. As a potential witness in a pending lawsuit I am not allowed to give specific detail. The case is centered around a violation of the Portal to Portal Act of 1947 which was passed in response to court rulings regarding whether or not employees were due to be paid for “performing certain employment-related activities.” (Langston) Due to my involvement in this case, I developed an interest in the FLSA and this paper was an excellent opportunity for me to learn much more.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Union vs. Non Union
    • 3222 Words
    • 13 Pages

    Union vs. Non Union

    “Employee Relations involves the body of work concerned with maintaining employer-employee relationships that contribute to satisfactory productivity, motivation, and morale” (Unknown Author, 2012). The pluralist perspective views the employee relations in an ‘us versus them’ approach where there appears to be conflicting views as to whether there is a power imbalance in the working industry which later causes conflict between the employer and employee, as a result there is a lack of trust. It is that perspective that invites a trade union to be involved in order to collaborate in contributing solutions that would otherwise result in a lack of employee voice. Unitarism represents the idea that employees benefit from their employers, and employers benefit from their employees; a unity that shares the same beliefs and goals and proves that there is more of a balance with respect to power, trust and loyalty. Due to this equilibrium there is a mutual agreement that a unionized approach would go against everything a unitarist stands for as the participation the employees are entitled to have had a positive impact on their employee voice. The theory of Marxist should not go unmentioned however, as it imposes an underlying concept and describes that the work we do, we’re never truly rewarded for it, and that what you get is nowhere near what you have contributed to the company and what they get out of it. There will always be an imbalance within the working industry and a need for mechanisms that will provide employee voice allowing for a harmonisation within the employment relationship. Unions, although declining, do have an undeniable influence among the employee and how they influence corporate decision making especially in industries that have a higher risk with line managers who believe that their time could be focused on more beneficial things other than communication with their…

    • 3222 Words
    • 13 Pages
    Powerful Essays
    Read More
  • Good Essays

    Essay On Fair Work Australia
    • 568 Words
    • 3 Pages

    Essay On Fair Work Australia

    In 1904, the Fair Work Australia was established, they established one of their most know about laws in 1907 and 1913 and only recently in 2016. The name Fair Work Commission came about in 2009 under the Fair Work Act. If the Fair Work Commission wasn’t established the workplace would look alot different. Businesses would take advantage of humans and use them as slaves. The workers would get paid little or maybe even no money for massive hours of physical…

    • 568 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Fair Labor Standards Act
    • 2693 Words
    • 11 Pages

    Fair Labor Standards Act

    Today we are fortunate to have laws to protect us from being forced to work excessive hours without being fairly compensated. We have laws to protect our children from being forced to work at an early age and these laws protect us from working in unsafe and unhealthy conditions. In 1938 our 32nd president Franklin D. Roosevelt was able to have the “Fair Labor Standards Act” passed and signed into law. This piece of legislation was a land mark in our history. It banned most child labor; it set a minimum hourly wage and set the standard work week. This was the beginning that made employers develop records to keep track of the wages that they paid to their employees and records of the hours the employees were working.…

    • 2693 Words
    • 11 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Fair Labor Standards Act
    • 1423 Words
    • 6 Pages

    Fair Labor Standards Act

    The Fair Labor Standards Act of 1938, as amended is also referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. FLSA also include provisions related to child labor, equal pay, and portal-to-portal activities. A general overview of FLSA is that it establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began applying to employees of the United States Federal Government. ( para.1, 2,” Office of Personnel,” n.d.).…

    • 1423 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Good Essays

    What is The Fair Labor Standards Act?
    • 621 Words
    • 3 Pages

    What is The Fair Labor Standards Act?

    References: Resource FLSA Law . (2006, 09 28). Retrieved 2 05, 2014, from Recent Changes to Fair Labor Standards Act: http://www.resource4flsalaw.com…

    • 621 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Dunlop’s system theory with Fair Work Act 2009
    • 1054 Words
    • 5 Pages

    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 of industrial society...”. His system theory provides the knowledge, process and practices to the employment relationship. The structure of Dunlop’s system theory which mainly contain four elements, 1) The Actors in a system, 2) The Contexts of a system, 3) The Establishment of rules, 4) The Ideology of an Industrial Relation System (Dunlop 1984, p.35). Three groups of actors to interact with each others are managers and their representatives, employee and spokesmen, and the other governmental agencies with an interest in industrial relations. Besides, the environmental factors can be affecting through the process. Dunlop (1984) identifies three aspects of the context and they are technological factors, the market or budgetary factors and the locus and distribution of power. The third part in Dunlop system theory is the establishments of rules which call web of rules as well. Procedural rules and Substantive rules are two types of rule in the system to use to govern the employment relationship. Abbott (2013) note that procedural rules are about process, to use established and administered rules to consider the means and it can help for settle down dispute caused by labour contracts. Besides, it is to make rules and can be applied to particular situation. He mentions the remuneration rates, rate of damages, responsibility and presentation of employees are the examples of substantive rules and its terms and conditions use to regulate the workplace relation between…

    • 1054 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Laborem exercens
    • 1158 Words
    • 4 Pages

    Laborem exercens

    question of justice 7) work and various ideologies 8) work and its abuse 9) work and common good and lastly 10) work…

    • 1158 Words
    • 4 Pages
    Good Essays
    Read More

Related Topics