Employment Relations in Australia Fair Work Australia
Content
Employment Relations in Australia: Fair Work Australia
The role of the state in influencing employment relations in Australia cannot be undermined. In
line with this, Bray, Waring and Cooper (2011) observe that apart from being a public employer,
the state plays a significant role in formulating laws and policies that govern employment
relations in different sectors of the economy. Arguably, the state plays and essential role of
defining employment rules and regulations as well as set standards that government employers
and employees both in the public sector and the private sector. With this in mind, Bray, Waring
and Cooper (2011) observe that Australia as a state has various bodies that impose checks and
balances on employment relations including Fair Work Australia, Safe Work Australia, Australian
Human Rights Commission, Fair Work Ombudsman, High Court of Australia among others.
Whereas this is the case, some critics on the role of the state in employment relations argue that
the involvement of the state in employment relations undermines the existing liberty in the
employment sector. In referring to the Australian Building and Construction Commission
(ABCC), Bray, Waring and Cooper (2011) argue that some of the state institutions that are
supposed to enhance employment relations in Australia have enormous powers despite the fact
that in most case, these state institutions focus only on minor employment relation breaches in
various industries. As such, some of the state institutions whose mandate is to streamline
employment relations are often unfair when judging employment relation issues.
In reference to Acton (2011), the Australian government has implemented various measures to
ensure that there is fairness in arbitration with respect to employment issues. In this respect, one
of the institutions that have won accolades as a result of enhancing employment relationship in
Australia is Fair Work Australia. In her research, Acton (2011) examines the role or rather
1
functions of Fair Work Australia as the ‘alternative’ dispute resolution of rights-based disputes,
industrial organizations, termination of employment, and appeals (578). Importantly, the
researcher argues that whereas Fair Work Australia continues to receive praise because of its
approach to employment relations issues, its functions are not new in the Australia employment
relations system.
As opposed to Bray, Waring and Cooper (2011) who while highlighting the significant roles of
the government in employment relations also mention some of the negative impacts that
government involvement has on both employers and employees, Acton (2011) concentrates on
the successes of Fair Work Australia in arbitrating employment relations issues. In this respect,
the introduction of Fair Work Australia has enhanced employment relations by ensuring that both
parties, that is employers and employees are protected in various ways from unjust workplace
issues such as strikes, unfair dismissal, and fair pay among other issues. In this respect, the
research work by Acton (2011) helps in shedding light on the role of government in employment
relations when proper laws and regulations are formulated.
van Wanrooy (2009) approach the issue of government involvement in employment relations by
conducting research on how women are affected by various provisions in the Fair Work Act
2009. The researcher notes that the government has done little to enhance the position of the
minority groups in the society with respect to employment. As such, van Wanrooy (2009) argues
that while the involvement of the government in employment issues is expected to enhance
employment issues, the government has not been able to address effectively issues that concern
the minority groups such as women and in particular, employment issues such as minimum
wages and discrimination.
2
In line with this, van Wanrooy (2009) agrees with Bray, Waring and Cooper (2011) that there is
still much that should be done to ensure that different institutions are such as Fair Work Australia
enhances the involvement of the government in employment relations. In this respect, whereas
Acton (2011) argues that Fair Work Australia is successful in dealing with employment relations
in Australia, the issues that van Wanrooy (2009) raise affirms the position that there is still much
that needs to be done to enhance the role of the government in employment relations.
Importantly, the research by van Wanrooy (2009) is an eye-opener on the need to conduct further
reforms to enhance the role of the government in employment relations.
3
Reference List
Acton, J. (2011). Fair Work Australia: an accessible, independent umpire for employment
matters. Journal of Industrial Relations, 53(5) 578–595.
Bray, M., Waring, P., & Cooper, R. (2011). Employment relations: theory and practice (2nd ed.).
Sydney: McGraw Hill.
van Wanrooy, B. (2009). Women at work in Australia: bargaining a better position? Australian
Bulletin of Labour, 35(4), 611-628.
4
The role of the state in influencing employment relations in Australia cannot be undermined. In
line with this, Bray, Waring and Cooper (2011) observe that apart from being a public employer,
the state plays a significant role in formulating laws and policies that govern employment
relations in different sectors of the economy. Arguably, the state plays and essential role of
defining employment rules and regulations as well as set standards that government employers
and employees both in the public sector and the private sector. With this in mind, Bray, Waring
and Cooper (2011) observe that Australia as a state has various bodies that impose checks and
balances on employment relations including Fair Work Australia, Safe Work Australia, Australian
Human Rights Commission, Fair Work Ombudsman, High Court of Australia among others.
Whereas this is the case, some critics on the role of the state in employment relations argue that
the involvement of the state in employment relations undermines the existing liberty in the
employment sector. In referring to the Australian Building and Construction Commission
(ABCC), Bray, Waring and Cooper (2011) argue that some of the state institutions that are
supposed to enhance employment relations in Australia have enormous powers despite the fact
that in most case, these state institutions focus only on minor employment relation breaches in
various industries. As such, some of the state institutions whose mandate is to streamline
employment relations are often unfair when judging employment relation issues.
In reference to Acton (2011), the Australian government has implemented various measures to
ensure that there is fairness in arbitration with respect to employment issues. In this respect, one
of the institutions that have won accolades as a result of enhancing employment relationship in
Australia is Fair Work Australia. In her research, Acton (2011) examines the role or rather
1
functions of Fair Work Australia as the ‘alternative’ dispute resolution of rights-based disputes,
industrial organizations, termination of employment, and appeals (578). Importantly, the
researcher argues that whereas Fair Work Australia continues to receive praise because of its
approach to employment relations issues, its functions are not new in the Australia employment
relations system.
As opposed to Bray, Waring and Cooper (2011) who while highlighting the significant roles of
the government in employment relations also mention some of the negative impacts that
government involvement has on both employers and employees, Acton (2011) concentrates on
the successes of Fair Work Australia in arbitrating employment relations issues. In this respect,
the introduction of Fair Work Australia has enhanced employment relations by ensuring that both
parties, that is employers and employees are protected in various ways from unjust workplace
issues such as strikes, unfair dismissal, and fair pay among other issues. In this respect, the
research work by Acton (2011) helps in shedding light on the role of government in employment
relations when proper laws and regulations are formulated.
van Wanrooy (2009) approach the issue of government involvement in employment relations by
conducting research on how women are affected by various provisions in the Fair Work Act
2009. The researcher notes that the government has done little to enhance the position of the
minority groups in the society with respect to employment. As such, van Wanrooy (2009) argues
that while the involvement of the government in employment issues is expected to enhance
employment issues, the government has not been able to address effectively issues that concern
the minority groups such as women and in particular, employment issues such as minimum
wages and discrimination.
2
In line with this, van Wanrooy (2009) agrees with Bray, Waring and Cooper (2011) that there is
still much that should be done to ensure that different institutions are such as Fair Work Australia
enhances the involvement of the government in employment relations. In this respect, whereas
Acton (2011) argues that Fair Work Australia is successful in dealing with employment relations
in Australia, the issues that van Wanrooy (2009) raise affirms the position that there is still much
that needs to be done to enhance the role of the government in employment relations.
Importantly, the research by van Wanrooy (2009) is an eye-opener on the need to conduct further
reforms to enhance the role of the government in employment relations.
3
Reference List
Acton, J. (2011). Fair Work Australia: an accessible, independent umpire for employment
matters. Journal of Industrial Relations, 53(5) 578–595.
Bray, M., Waring, P., & Cooper, R. (2011). Employment relations: theory and practice (2nd ed.).
Sydney: McGraw Hill.
van Wanrooy, B. (2009). Women at work in Australia: bargaining a better position? Australian
Bulletin of Labour, 35(4), 611-628.
4
