New Workplace Tribunal: Fair Work Australia

Fair Work Australia (FWA) is the national workplace relations tribunal.

Fair Work Australia will be an important body for industrial relations as it is designed to replace many of the Commissions, Authorities and Ombudsman’s we already had in place. Its functions will include most aspects of minimum terms and conditions, as well as employee and union rights and responsibilities.

Fair Work Australia came into effect on 1 July 2009.

Fair Work Australia will replace:

• The Australian Industrial Relations Commission;

• The Australian Fair Pay Commission;

• The Workplace Ombudsman;

• The Workplace Authority; and

• The Australian Building and Construction Commission.

It will have a large range of powers through which it would resolve disputes. These powers include mediation, conciliation, compulsory conference and making recommendations. The authority will also have the power to make binding decisions in respect of unfair dismissal. The Fair Work Act 2009 allows one party alone to request Fair Work Australia's involvement.

Fair Work Australia will:

• Assist parties in workplace disputes
• Hear and resolve unfair and unlawful dismissal claims
• Facilitate collective bargaining
• Undertake annual minimum wage reviews, including:

· Adjusting wage rates in existing Australian Pay and Classification Scales (APCS) as result of those reviews

·Adjusting the standard Federal Minimum Wage (FMW) or a special FMW

·Ensuring compliance and monitor it with regards to workplace laws, awards and agreements.

·Regulating unions and other registered industrial organisations.

The Federal Court and the Federal Magistrates Court will have a New Fair Work division. These divisions will exercise their jurisdiction in a new informal small claims jurisdiction for claims up to $20,000. The divisions will also adjudicate cases involving failures to comply with National Employment Standards (NES) obligation or the failure to comply with an award. These divisions will have power to make “any order they consider appropriate” in order to remedy a breach.

If you'd like more information on how the new Fair Work system will affect you, please call us on 1300 QUINNS (1300 784 667) or +61 2 9223 9166 or complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry.