Resolving Disputes Over Employment Rights in Australia

Abstract

As labor regulation in Australia has shifted away from reliance on conciliation and arbitration to set wages and employment conditions, industrial tribunals are increasingly being used to resolve individual grievances over employment rights, rather than collective labor disputes. We consider that development in its historical context, examining the roles, functions and composition of the main federal tribunal, the Fair Work Commission. We discuss the review of tribunal decisions by the higher courts, identifying a decisive shift against judicial deferral to specialist decision making. Finally, we note the failure of recent efforts to promote greater use of private (nongovernmental) dispute resolution, outside the tribunal system.

Keywords: Labor disputes, employment law, industrial relations, courts and tribunals, workplace rights, termination of employment

JEL Classification: K10, K30, K31