'Promoting cooperative and productive workplace relations': exploring the Fair Work Commission's new role
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Date
2014
Authors
Stewart, A.
Bray, M.
Macneil, J.
Oxenbridge, S.
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Australian Journal of Labour Law, 2014; 27(3):258-280
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Andrew Stewart, Mark Bray, Johanna Macneil, and Sarah Oxenbridge
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Abstract
The Fair Work Act 2009 (Cth) has recently been amended to confer a new
function on the Fair Work Commission (FWC), that of ‘promoting cooperative
and productive workplace relations and preventing disputes’. We review the
background to this change, including the decision under the original Fair
Work regime to confer this function on the Fair Work Ombudsman, as well
as the more recent shift in approach that has occurred under the FWC’s
current President, Justice Iain Ross. Now that the change has been
formalised, we also explore some of its potential implications for the FWC, in
light of the role the institution and its predecessors have historically played
in regulating workplace relations.
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