Essays on Fair Work Australia - Regulation of Workplace Bargaining Case Study

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The paper 'Fair Work Australia - Regulation of Workplace Bargaining" is a perfect example of a business case study.   It is an apparent fact that the imperative role of workplace bargaining between the employees, their representatives and the management has gained elevated prominence in recent decades. This according to Salamon (1987) can be perceived as the mechanism aimed at determining the terms and conditions of employment. This method usually uses extensive processes of agreement and negotiations and affords a formal channel through which the divergent interests of the employees and the management can be resolved.

This phenomenon has been evident in Australia, mostly after the institution of Fair work Australia. This institution instigated its operations on July, 1st, 2009 and became fully functional in January, 1st, 2010. It was established under the Fair Work Act of 2009 and mandated with the responsibility of overseeing the new system of workplace relations. It is also worth noting that this institution is an autonomous body which undertakes other roles related to industrial action, the safety net of minimum wage and employment conditions, resolution of disputes, enterprise bargaining, termination of employment among other diverse issues which are related to the workplace environs (Fair Work Australia Website, 2013).

All these roles play a principle role in the promotion of cooperative, harmonious as well as productive engagements in the Australian workplaces. Against this background, this paper is a profound effort to explore the present role of Fair Work Australia (FWA). It will, however, give particular attention to the role of FWA in relation to the regulation of workplace bargaining between employees and their representatives and the management. Some of these roles are analyzed in the subsequent section. Regulation of workplace bargaining Bray et.

al. (2011) noted that since the 1990s, the processes of collective bargaining have experienced extensive changes and has evolved into becoming core to the collective rule-making processes in Australia. This process was particularly fortified with the legislation which instituted Fair Work Australia, commonly referred to as the Fair Work Act 2009. The instigation of the obligation for the representatives to bargain in good faith under the Australian Labor Law, more specifically in the Fair Work Act 2009 has elicited a wide alley of commentary and analysis from both the scholars and practitioners.

This is geared towards seeking more profound and precise clarifications regarding what such obligations mean to both the employers and the worker's unions. Most of this commentary has extensively drawn a comparison between the Australian obligation, which is presently enshrined in the Fair Work Act 2009 with the good faith bargaining obligations in the North American and New Zealand law (Riley, 2011). Nonetheless, despite these commentaries, it is imperative to note the bargaining processes in the Australian workplaces which are under direct regulation of FWA are aimed at the promotion of productivity among the employees, elevating the level of cooperation and fairness which is achieved through a more profound emphasis on enterprise-level collective bargaining (Commonwealth of Australia, 2013). This is usually founded on simplistic good faith in regard to the bargaining obligations as well as clear rules which are central in the regulation of industrial action.

In this way, bargaining is perceived as a mechanism geared towards fostering a transformational culture in the workplace and thus an esteemed tool in the processes destined for continuous enhancement of the workplace operations (Commonwealth of Australia, 2013).

References

Bray, M., Waring, P., & Cooper, R. (2011). Employment relations: Theory and practice, 2nd ed.

Sydney: McGraw-Hill.

Briggs, C. (2005). Lockout law in a comparative perspective: Corporatism, pluralism and neo-

liberalism. International Journal of Comparative Labour Law and Industrial Relations, 21(3): 481–502.

Commonwealth of Australia, (2013). Best Practice Guide: Improving workplace productivity in

bargaining. Retrieved April, 23rd 2013 from http://www.fairwork.gov.au/BestPracticeGuides/11-Improving-workplace-productivity-in-bargaining.pdf

Fair Work Australia Website (2013). Retrieved April, 23rd 2013 from http://www.fwc.gov.au/

McCrystal, S. (2010). Protected Industrial Action and Voluntary Collective Bargaining Under

the Fair Work Act 2009. The Economic and Labour Relations Review, 21(1): 37–52.

Riley, J. (2011). Bargaining Fair Work Style: Fault-lines in the Australian Model. Labour Law

Conference, Wellington: Victoria University.

Salamon, M. (1987). Industrial Relations Theory and Practice. London: Prentice Hall.

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