Summary heading

Fair Work Australia – CA 9294 - agency descriptive note

Abolition

 

Creation

Fair Work Australia began operation on 1 July 2009 following the enactment of the Fair Work Act 2009 and associated transitional legislation.  The new tribunal assumed the functions of the Australian Industrial Relations Commission and the Australian Industrial Registry (both date back to 1904) and the Australian Fair Pay Commission (established in 2005) and some of the functions of the Workplace Authority (established in 2007).

Australia's national workplace relations tribunal was first established as the Commonwealth Court of Conciliation and Arbitration with the passage of the Conciliation and Arbitration Act 1904.

Since that time the institution has evolved in line with substantial legislative, social and economic changes, the most recent development being the passage of the Fair Work Act 2009 and the subsequent establishment of Fair Work Australia.

In 2002, Fair Work Australia’s predecessor, the Australian Industrial Relations Commission, launched the Sir Richard Kirby Archives as a means of preserving historical materials and promoting a greater public understanding of the role and contribution of the national tribunal.

Functions and activities

Fair Work Australia is the national workplace relations tribunal. It is an independent body with power to carry out a range of functions including:

• providing a safety net of minimum conditions, including minimum wages, in awards
• facilitating good faith bargaining and the making of enterprise agreements
• granting remedies for unfair dismissal
• regulating the taking of industrial action
• resolving a range of collective and individual workplace disputes through conciliation, mediation and in some cases arbitration
• functions in connection with workplace determinations, equal remuneration, transfer of business, general workplace protections, right of entry and stand down.

The work of Fair Work Australia is carried out by Fair Work Australia members with the support of administrative staff.

Fair Work Australia is part of Australia's national workplace relations system which also includes the Fair Work Ombudsman and the Fair Work divisions of the Federal Court of Australia and the Federal Magistrates Court of Australia.

Previous bodies

The new national workplace relations system will see the creation of three new bodies:

• Fair Work Australia—commenced 1 July 2009
• Office of the Fair Work Ombudsman—commenced 1 July 2009
• Office of the Fair Work Building Industry Inspectorate—from 1 February 2010

These bodies will replace the following:

• Australian Industrial Relations Commission (AIRC)
• Australian Industrial Registry
• The AIRC and the Registry continue until 31 December 2009—primarily for the completion of the award modernisation process and some outstanding matters.

Fair Work Australia assumes all other functions from 1 July 2009.

• Australian Fair Pay Commission (AFPC)
• Australian Fair Pay Commission Secretariat
• The AFPC and its Secretariat continue until 31 July 2009. This will allow the AFPC to complete its final minimum wage review.

The next minimum wage review will be conducted by Fair Work Australia.

Workplace Authority

The Workplace Authority continues until 31 January 2010.  It will assess collective agreements made before 1 July 2009 using the current no-disadvantage test and individual transitional employment agreements (ITEAs) made until 31 December 2009.

On 1 July 2009, Fair Work Australia assumed responsibility for collective agreement lodgment (now referred to as enterprise agreements) and approvals and the Authority's general advisory function transferred to the Office of the Fair Work Ombudsman.

Workplace Ombudsman

The Workplace Ombudsman ceased operation on 30 June 2009.  All of its functions have been assumed by the Office of the Fair Work Ombudsman.

Australian Building and Construction Commission (ABCC)

The ABCC will continue until 31 January 2010 when it is to be replaced by the Office of the Fair Work Building Industry Inspectorate.

Legislation administered

Fair Work Australia operates under the Fair Work Act 2009.  It also has responsibilities relating to the registration of unions and employer associations and their financial accountability. This work is governed by the Fair Work (Registered Organisations) Act 2009.

Legislation administered by Fair Work Australia:

Fair Work (Registered Organisations) Act 2009

Legislation setting out standards to be met by unions and employer associations and the processes involved in the registration of such organisations.

Fair Work Regulations 2009

The regulations work alongside the Fair Work Act 2009. They are set by the Australian Government.

Fair Work (Registered Organisations) Regulations 2009

The regulations work alongside the Fair Work (Registered Organisations) Act 2009. They are set by the Australian Government.

Fair Work Australia Rules 2009

The Fair Work Australia Rules 2009 outline practices and procedures to be followed in the work of FAIR WORK AUSTRALIA. They are issued by the authority of the FAIR WORK AUSTRALIA President.

Workplace Relations Act 1996

The Act preceding the Fair Work Act 2009.

Workplace Relations Regulations 2006

Regulations associated with the Workplace Relations Act 1996.

Transitional & amending legislation

Legislation dealing with the transition from the industrial system established by the Workplace Relations Act 1996 to that established by the Fair Work Act 2009. The legislation comprises:

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Fair Work (State Referral and Consequential and Other Amendments) Act 2009

Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

Fair Work (State Referral and Consequential and Other Amendments) Regulations 2009

Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2009 (No. 1)

Administrative structure

The General Manager is a statutory appointee who assists the President of Fair Work Australia and oversees the administration of Fair Work Australia staff.  The General Manager and Fair Work Australia staff constitute a statutory agency with the General Manager the head of the agency.

In general, there are three types of members of Fair Work Australia:

• Primary Fair WWA members including the President, Deputy Presidents and Commissioners who are appointed until the age of 65 and are full-time
• Minimum Wage Panel members who are appointed for a set period of not more than five years and are part-time
• Members of state industrial tribunals who hold a dual appointment with Fair Work Australia

The head of Fair Work Australia is known as the President.  The current president is a member of the Federal Court of Australia and also carries the title 'Justice'.

Minimum Wage Panel members are only involved with the minimum wage-setting function of Fair Work Australia.  Other Fair Work Australia members are involved in the broad range of Fair Work Australia work.

Fair Work Australia members are appointed by the Governor-General of Australia on the recommendation of the Australian Government of the day.

What qualifications are required for appointment?

The Fair Work Act 2009 requires that those appointed to Fair Work Australia have appropriate knowledge or experience in relevant fields such as workplace relations; law; business, industry or commerce.

Current Fair Work Australia members come from a diverse range of employment backgrounds including the law, unions and employer associations, human resources and management, and the public service.

Minimum Wage Panel members must have knowledge or experience in one or more of the fields of workplace relations; economics; social policy; or business, industry or commerce.

What is the panel system?

The work of Fair Work Australia is administered through a panel system overseen by the President.

In general, each Fair Work Australia panel has a Panel Head (who is a presidential member) and at least one Commissioner and is responsible for work in a number of set industries. There is also an Unfair Dismissals Panel and an Organisations Panel which deals with work relating to unions and employer associations registered under the Fair Work (Registered Organisations) Act 2009.

Historical agency address

 

State/regional structure

 

Records created by the agency

 

Additional information

 

End notes

 

Sources

Fair Work Australia website, www.fwa.gov.au, accessed on 20 November 2009.