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Workplace Dispute Resolution Under the Fair Work Act: Is There a Role for Private Alternative Dispute Resolution Providers?

Australasian Dispute Resolution Journal, Vol. 20, No. 4, pp. 236-243, 2009

Sydney Law School Research Paper No. 11/22

17 Pages Posted: 4 Apr 2011  

Joellen Riley

The University of Sydney Law School

Abstract

The Work Choices laws positively encouraged employers and employees to use private alternative dispute resolution (ADR) providers to assist in the resolution of workplace grievances. The Fair Work Act 2009 (Cth) leaves room for private providers, although without the same robust encouragement of Work Choices. This article reflects upon the advantages and disadvantages of private mediation for workplace rights disputes, and proposes some measures that regulators should consider implementing to ensure that the privatisation of workplace dispute resolution does not compromise the recognition of important workplace rights.

Keywords: workplace dispute resolution, alternative dispute resolution, Fair Work Act

JEL Classification: K10, K30, K31

Suggested Citation

Riley, Joellen, Workplace Dispute Resolution Under the Fair Work Act: Is There a Role for Private Alternative Dispute Resolution Providers?. Australasian Dispute Resolution Journal, Vol. 20, No. 4, pp. 236-243, 2009 ; Sydney Law School Research Paper No. 11/22. Available at SSRN: https://ssrn.com/abstract=1797502

Joellen Riley (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0205 (Phone)
+61 2 9351 0200 (Fax)

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