Arbitration and conciliation Question and Answer 2022

Running head: LABOR LAW
LABOR LAW
Name of the student
Name of the university
Author note

LABOR LAW1
Answer to question 2
Arbitration and conciliation
The fair work commission in Australia is the novel institution that was established in
2009 to conduct series of functions under Fair work legislation. It has the autonomy to function
in manner that have more in common with two antecedents the Australian fair pay commission
and workplace authority. It had established to deal with the issues of approval of enterprise
arrangement, the settlement of claim concerning unfair dismissal, wage fixation, variation and
setting o\f minimum standards. The commission is placed at the core of regime of “fair work”
that is institute by labor government in 2009. The industrial relation and labor law in Australia
have developed in the profound manner over 20 years culminating the most contemporary
regime that is represented by Fair Work Act, 2009 in addition to that connected legislation. Like
that of predecessor the regime of fair work has evidenced controversial (Bray, Macneil &
Stewart, 2017).
Therefore especially it has stimulate criticism from employers and conservative
commentators and politicians, who view it as dangerous return to past because alleged aid for
collective bargaining and union. Immediately after enactment of legislation the chief executive
of Australian Mines and Metals Association moved much further (Ross 2016). The associates of
labor government have supported the regime of fair work stressing the central character of
collective bargaining as well as fundamental values of fairness and balance.

LABOR LAW2
The stability of the regulatory procedure that is embodied in the conventional arbitral
structure remained stable in Australia from the initiation of twentieth century till 1990s. Under
the arbitral structure the rule making was subjugated by delegated rules of uniquely Australian
form. The first characteristic of the customary arbitral model was very restricted legal regulation,
the commonwealth did not make enactment of laws which directly governed working conditions
and substantive wages other than during wartime or own workers (Isaac, 2018). The state
parliament had the ability to establish minimum standards and many of them did so on matters
like long service leave and annual holidays. Nevertheless the federal parliament was incapable to
pass this category of legislation for private organization due to the restriction that either
perceived to exist or exist under constitution (McCrystal, 2018). Section 51 sanctioned
Commonwealth to make legislation for the settlement or prevention of the industrial
disagreement that had crossed the boundaries of state. However the authority especially
necessitate this to be complied by the procedure engaging arbitration and conciliation, a criteria
that could not be fulfilled by direct legislative prescription of the conditions of employment.
Furthermore the state parliament apply conciliation and arbitration authority to establish a
structure of the labor regulations that was relied upon delegated regulation.
The Conciliation and Arbitration Act, 1904 and much later the Industrial Relation Act,
1988 conferred to the autonomous tribunal extensive authority to identify the procedural as well
as substantive principles of the relationship of employment. It also creates the procedural
regulation regarding the method the employers as well as the trade union communicate with each
other and also with the tribunal. Therefore compulsion is considered to exist at the core of the
structure in the manner that the tribunal could pressurized the employers and trade unions who