Fair Work Australia (FWA) is new industrial organization act of 2009 that was created by the federal government. This law was created for the purposes of fairness in the employment of the different employees and employers in the industrial sector. The previous acts, Australian Industrial Relations Commission Act and the Australia Fair Pay Commission Act, were based on individualism rather than good faith. The act commenced on July 1, 2009 with the labor party, which is current in the Australian government. Fair Work Act applies in all the employees and employers related issues that may affect them during their cause of work. In this essay, the questions of what is the Fair Work Act in Australia, how it works, whether it has the same roles as the previous acts, and what future does it hold and whether it will be abolished or not, are discussed.
The industrial regulations in Australia started as early as 1904. At that time, it was called the conciliation and arbitration act 1904. The act has been experiencing changes since it was initiated but the changes affecting the Fair Work Australia Act started in 1996. This was when people started criticizing the acts by saying that, they duplicate the other state laws thus there was no need for them. Debates went on with numerous setbacks like in 2006 the parliament reject the bill. However, it was not until 2008 when the Fair Work Australia bill was presented to the parliament, and it was accepted. Despite it being accepted, it was not until April 2009 when the bill was signed into an act. After it was signed, the act was enacted on July 1, 2009. The act is applicable in all parts of Australia except for Western Australia.
Fair Work Australia Act can be defined as the new industrial relations tribunal, which replaced the Australian Industrial Relations Commission and the Australian Fair Pay Commission. The main aim of creating the Fair Work Australia was to provide fairness in the employment industry and to make sure that there is no duplication of the state laws and the employment acts. Therefore, the Fair Work Australia Act can be describe as the tribunal that solves all the problems relating to the employees and the employers in the employment industries.
The Fair Work Act has several roles that it plays in the employment industry. One of them is that it provides a safety net of minimum wages and employment conditions. The minimum wages are the least payments an employer can pay an employee in a certain job. In setting the safety net minimum wages, the Fair Work Act reviews the minimum wages every year. After setting them, the employees cannot pay below the required amount. On the employment conditions, the Fair Work Act ensures that the employees are able to work in a favorable environment. This is where the employees are not oppressed by the employers and their safety measures are observed by the employers in the work place.
The other role that the Fair Work Act provides is enterprise bargaining. In the event of a dispute, it creates room for bargaining between the employees and the employers. For instance, if an employee is aggrieved due to the treatment that he or she is being accorded by his or her employer, it is the work of the Fair Work Ac to establish whether the employee has a bargaining power. If the employee has a bargaining power, the employer does not have a choice but to bargain with the employees. In such as situation, the Fair Work Act provides the terms, conditions and the environment for the two parties to negotiate. In the event where the two parties do not agree with each other, the Fair Work Act provides the two parties with a solution they are going to abide and use .
Industrial action is another role that the Fair work Act provides in the employment industry. In this case, if an industrial agreement between the employees and the employers expires, the employees can launch an action. On the other hand, the employers can also launch an action if the employers launch their claim. At this point is when the Fair Work Act comes in and it provides it ruing based on the actions, that is, it can suspend or terminate an action in relation to the evidence.
Lastly, it is the role of the Fair Work Act to protect the employees from unfair termination of employment. It helps or protects the employees who have been terminated from their employment place without reason or not according to the law or the contract. In such a situation, the Fair Work Act comes in help the aggrieved employee or employees in trying to retain back their employment. However, it should be noted that if the employer has terminated the employment lawfully, the Fair Work Act is not able to help the employees. Therefore, from this explanation it is the duty of the Fair Work Act to protect the employees’ only from unlawful termination of employment.
The Fair Work Act was established because of the weakness the previous acts had in the system. The previous acts never gave both parties room for negotiations. This led to many conflicts between the employers and the employees. This resulted into strikes and destructive campaigns leading to loss of life and destruction of property. Although the Fair Work Act has a policy that promotes strikes, it has reduced them gradually by promoting fairness and peace between the two parties. It is because of this reason; the Fair Work Act was established completely to replaces the other Acts
One of the reasons why the Fair Work Act was established was because of the critics from the different people. People said that the previous acts were a duplication of the state law thus making the acts to be irrelevant. In the process, the government tried to create a law that will be applicable to all without duplication. However, it was not initial plan to create it but what grew from the frustration of the different legislatures was the Fair Work Act. Henceforth, this led to the establishment of the Fair Work Act.
Another reason leading to the establishment of the Fair Work Act was to help employees in situations where the unions could not. The unions were not allowed to enter the place of employment without the employers consent, thus making it difficult for them to help the employees. On the other hand, the employees did not allow these groups to form making it difficult for the employees to help themselves in case of any oppression. It was because of this reason; it led to the establishment of the Fair Work Act.
Lastly, the Fair Work Act was established for the purposes of improving socialism to create a better economy. If the two parties were always in conflict, the output of the workers would be low in quantity and quality. This will lead to poor production thus reducing the economy. On the other hand, when the two parties are fighting, it would create enemity among them leading to poor socialization skills among the people. A combination of poor socialization and fighting leads to the breaking down of the country’s economy . Therefore, the Fair Work Act was created to improve socialization and the economy of the country for a better future.
After the establishment of the Fair Work Act, it replaced the previous acts that were there before. This meant that the Fair Work Act was playing the same roles as the previous acts in addition to others. The previous act was the Australian Industrial Relation Commissions and it roles were, to solve the different disputes between the employers and the employees. In this case, if the employees came into conflict the act will try to solve the problems with solutions applicable to all parties. The Fair Work Act is currently playing these similar roles in ensuring that the employees and the employers’ conflicts are solved.
Additionally, the Australian Industrial Relation Commission was to ensure that the different employees have better working conditions. The act ensured that the employees had safe and secure working conditions and that they were not violated by the employers. Similarly, the Fair Work Act is there to ensure that the employers provide a safe and secure working environment for the employees in the course of their duties. Therefore, based on the above facts the Fair Work Act plays the same roles as the previous acts.
In addition to the above, the Fair Work Act has the same roles as the Australian Fair Pay Commission. The Australian Fair Pay Commission was negotiating the minimum wages the employees were getting in a certain job. It was part of the act to negotiate any dispute between the employees and the employers involving their remuneration. This is also similar to the Fair Work Act where it negotiates the minimum wages the employees are supposed to get in relation to the different jobs. Additionally, the Fair Work Act negotiates any disputes affecting the employees and the employers in relation to remuneration. Henceforth, they perform the same roles as the previous acts in the industrial system.
On the other hand, it should be noted that the Fair Work Act might perform the same roles as the previous Acts but there are difference in the way it performs these roles. The previous acts were based on individualism where the circumstances were a win-lose situation. In this case, the employers were not willing to listen to the grievances the employees, the unions that were involved in protecting the employees were not even allowed to enter the place of work. However, the case is different in the Fair Work Act. The outcomes of every event are win-win situation where both the employees and the employers win out of a situation.
The future of the Fair Work Act is bright compared to the results that it has brought to the employment industry in Australia. This is because, instead of the individualism that was there between the employee and the employer, it has become of an act of good faith and fairness between the two parties. The act has brought a win-win situation in the parties involved as compared to the acts. Additionally, with the labour government in power, the act is likely to stay for a long period before it is changed.
However, the act is subject to changes in the next period of years because it is new to the system. This is because the new act has not yet had enough cases that will test the new act. This means that in case there is a loophole in the system, there will be implementation on the act to eliminate the weakness in the system (Healy, 2011, p. 15). Therefore, based on the information the act is likely to stay even in future but they are subjected to implementation.
If the federal government was to be changed, the act is not likely to be abolished. This is because, according to the numerous advantages the act has brought in the employment industries, no employee or employer would risk the changes due to politics. Additionally, if it were to be changed, it would bring numerous chaos in the Australia. Additionally, the act has solved the problems that were previously in the other acts. Moreover, the act has brought a win-win situation between the different parties involved. However, it is important not to forget that politics might play a great deal. Therefore, if the federal government is changed, the act might also be abolished as well.
The Fair Work Australia Act 2009 was introduced by the Labor Party in the government after they gained majority of the seats in Australia. The Act was created for the purposes of bringing fairness and good faith between the employees and the employers. This means that they will now be able to work in a harmony as compared to before where they used individualism leading to conflicts. Fair Work Act replaced the previous acts, it performed similar roles as they did, and many other roles based on fairness. It establishment was because of the conflicts between the employers and the employees. Additionally, politics is involved in its establishment. On the other hand, the future of the act is not clearly known because if the federal government is changed they might decide to change the act. However, the employees and the employees might let it be changed because the act has helped them in maintaining disputes.