Fair Work Act Review

31 January 2012

The Fair Work Act 2009 (Cth) (FW Act) came into force on 1 July 2009 and is now the subject of review. The Government made a commitment in the Explanatory Memorandum to the Fair Work Bill 2008 to review the operation of the legislation two years after its full commencement. The Fair Work Act Review Panel has been appointed and a Fair Work Act Review background paper has been released.

Panel and Process

The Review Panel, Reserve Bank Board Member Dr John Edwards, noted legal and workplace relations academic Professor Emeritus Ron McCallum AO and the former Federal Court Judge, the Honourable Michael Moore, will hold discussions and roundtable meetings with all key employer and employee representatives. In the Media Release announcing the publication of the background paper, the Department of Education, Employment and Workplace Relations (DEERW) stated that the panel is particularly keen to hear from small business. Consultations will also target groups such as those representing women in employment, low paid workers and workers from non-English speaking backgrounds.

Terms of Reference

The review will examine and report on:

1. The extent to which the Fair Work legislation is operating as intended including:

the creation of a clear and stable framework of rights and obligations which is simple and straightforward to understand;
the emphasis on enterprise-level collective bargaining underpinned by simple good faith bargaining obligations and related powers of Fair Work Australia;
the promotion of fairness and representation at work;
effective procedures to resolve grievances and disputes;
genuine unfair dismissal protection;
the creation of a new institutional framework and a single and accessible compliance regime; and
any differential impacts across regions, industries occupations and groups of workers including (but not limited to) women, young workers and people from non-English speaking backgrounds; and

2. Areas where the evidence indicates that the operation of the Fair Work legislation could be improved consistent with the objects of the legislation.

Submissions

Written submissions to the Review Panel are due by 17 February 2012. Supplementary submissions, including comments on the submissions of other participants, are due by 2 March 2012.

The Review Panel will report to the Government by 31 May 2012.

For more information on this or any other employment related matter, please contact:

Pat Mullins | Partner
Mullins Lawyers
t +61 7 3224 0350
f +61 7 3224 0333
pmullins@mullinslaw.com.au

Jonathan Mamaril | Solicitor
Mullins Lawyers
t +61 7 3224 0323
f +61 7 3224 0333
jmamaril@mullinslaw.com.au