Fair Work Australia ("FWA") will be created as the body which will administer the ALP's workplace reforms.
Together with the Fair Work Ombudsman, FWA will replace the Australian Industrial Relations Commission, Australian Fair Pay Commission, Workplace Authority and Workplace Ombudsman.
FWA may only deal with disputes expressly authorised by the Fair Work Australia Act, by mediation, conciliation or recommendation.
In limited circumstances FWA will arbitrate a dispute if authorised by the Act.
In addition to disputes, other matters FWA may deal with include national employment standards, workplace and enterprise agreements minimum wages, unfair and unlawful dismissal, industrial action, right of entry and modern awards.
FWA decisions may be appealed, with permission or leave, to the Full Bench of FWA. Questions of law may be referred to the Federal Court.
A person must bear their own costs in matters before the FWA except in circumstances where applications have been brought vexatiously without reasonable cause or had no reasonable prospect of success.
Members of the AIRC will be transferred to Fair Work Australia.
The Fair Work Ombudsman ("FWO") will investigate and prosecute breaches under the Act. Fair Work inspectors will monitor compliance with the Act and instruments, enquire and investigate, commence court proceedings and represent employees in circumstances the FWO considers will promote compliance with the Act or instruments.
The Federal Magistrates Court and Federal Court will have Fair Work Divisions to exercise judicial functions arising from the Act.
Many of the functions of FWA are similar to functions exercised by the Australian Industrial Relations Commission as most of the functions of the FWO will mirror those of the Workplace Authority Ombudsman.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
