FAIR WORK ACT

To what extent has the Fair Work Act, 2009 struck a balance between 'Efficiency, Equity and Voice'

Abstract

The enactment of the Fair Work Act of 2009 restored many of the rights that had been removed under the Labour Relations Act of the former Government of Australia. However, the ITUC report finds that certain aspects of the right to join and form unions, bargain collectively and to strike are not in line with Conventions 87 and 98. The situation is particularly acute in the construction sector, where special laws are still valid, despite that violate international standards of freedom of association. In addition, workers cannot strike when bargaining with multiple employers unless they form a single interest group.

Introduction

The study is related to what extent has the Fair Work Act of 2009 struck a balance efficiency, equity and voice. In relation to this, from the models of the employment relationship, it can be understood that how the idea of employment works within the society, with in the organizations and also with the individuals. Though, with the aim of understanding the why employment works, it is imperative and essential to that people should look to the objectives of the employment relationship. Past researcher, John W. Budd, who conceptualized the employment relationship in relation to four key models and also sets up three key objectives of the employment relationship. For that reason, it is critical to understand these three objectives that include efficiency, equity and voice to learn more about work and labor.

The aspects covered under the Charter are, good faith performance, work with dignity, freedom from discrimination and harassment, a safe and healthy workplace, workplace democracy, union membership and representation, protection from unfair dismissal, fair minimum standards, fairness and balanced industrial bargaining and effective dispute resolution (Bromberg & Irving, 2007, pp. 146-147). The IR system facilitates dispute resolution through the Fair Work Australia - the Tribunal set up for such interventions as an independent body. Fair Work Ombudsman is yet another party that can be approached in such cases. The importance of the IR system to maintain the workplace relations is clearly demonstrated in these situations. The importance of the two bodies - Fair Work Australia and Fair Work Tribunal - is even more highlighted by employer's campaign to be launched requesting to grant more powers to them.

The Unions win over the amendments to national OHS (Occupational Health & Safety) reforms marks a milestone in Australian IR system while it opens the way towards greater protection for employees, especially for industries that involve dangerous manual labour. Under this the workers are also given 'greater rights to be involved in monitoring workplace safety'. The new changes uphold the employment rights in the workplace and indicate the correlation between the IR and ER much stronger. They illustrate the focus of the Government to ensure fairness in the workplace through standardising the IR setting.

Literature Review

The following literature seek to explore the various aspects of Industrial Relations as means of maintaining harmonious employee relations and its role as a regulatory ...