Criticisms and Evaluations of Fair Work Act 2009 and Remedies for Reform

Assessment Task 2 Written
Assessment Task Contemporary
Employment Relations Issues
Individual project

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
PART-A.......................................................................................................................................3
Part B ..........................................................................................................................................8
CONCLUSION..............................................................................................................................10
REFERENCES................................................................................................................................1

INTRODUCTION
The fair work act 2009 is the legislation which governs the relationship of employment in
Australia’s private sector. It includes the regulations and minimum standards for the employment
which are constitute in the national workplace system. The employment association is the group
of people as well as represent as the voluntary organisation managed by the elected leaders and
professional managers. This report will discuss the criticisms and evaluations of the fair work act
2009 and remedies for reform which are advocated by the employer association before the
members of the organisation as well as advocate by the trade union movement on behalf of
workers.
PART-A
a)
The Fair Work Act came into existence in the year 2009 the main purpose of the act was
to come up with a national workplace system which can set up nature of standards and
circumstances for workers and employees in order to extend a legal framework to them so can
work fairly.
Workers and on their behalf some convictions or concerns were raised by trade unions.
They found some areas with perils, and they asked for immediate actions by government on the
law. The law is applicable on all companies or institution who are fulfilling the suggested
criteria. With this regard the trade unions of the nation raised their issues and asked for sort of
remedies in order to safeguard the rights of employees. Golding (2021)
They raised their concerns since the law is prevailing from more than a decade and with
the progress of time there is strong need to bring better practises in interest of employees who
found the act not meeting their interests. Trade unions found some shortcoming which were not
benefiting employees, so they advocated these recommendations for reforming the act.
They criticised that in the section 394(2)(a) the time limit given for unfair dismissal
claims is 14 days, this is not sufficient time period for an employee hence, there is strong need to
extend this time and can be taken to around 21 days or may be more. It will be helping
employees to put their side forward and arranging sort of personal circumstances. At the same
time, they also upheld the notion that said that for accessing unfair dismissal protection this time

must be reduced to around 3 months. This provision should cover all the employees of different
fields. Knox (2018)
There are many people with disabilities working in Australia's various industries. Thus,
understanding their day-to-day hassles for not reaching on time is one of many considerations to
be taken in account. With this respect trade unions demanded flexible working arrangements for
employees who have disability. This is rarity in the nation to see organizations practising the
norms.
As we progress through the decades participation of women employees is on a rise. Here,
the fact cannot be denied that in the years to come the work life balance of women are to be
given deliberation. Trade unions asked on behalf of employees that those employees who have
children of any age and have responsibility to run their family should be given this opportunity to
request flexible working arrangements.
As above the appeal is extended for employees with children the same provisions are
needed to be there for those employees who are having elders at home or family members with
disability. Since the notion cannot be denied if there are such family members then ultimate
responsibility comes on the shoulders of bread winner.
One of the biggest criticisms has been time frame decided of general protections court
application. Which is now 14 days as per section 371(2) of Fair Work Act 2009. Trade Unions
advocated that this time frame must be at least 60 days so it can be easier for employees who are
not much aware of legitimation, they can also approach to the concerned court and may get their
matters investigated with ease Campbell, and Thornhill (2022)
Social elements such as family issues and some unseen perils like domestic violence are
also experienced. But interestingly there is no such specific provision in the law which can help
employees. There are number of institutions who are raising their voice in favour of such
employees. In majority of the cases female becomes easy victim and there is no provision of paid
leaves for them. This is advocated by unions to make this reform a part of law.
Australian Bureau of Statistics presented its report that from the year 2007 to 2026 the
demography of the nation will face an issue of over aged population. It will grow from 13% to
around 18-20%. (Australian Bureau of Statistics 2022) Keeping this fact in mind there is rigour
need to mould the laws in such a way which can help such over aged people who are having
issues and certain concerns due to their age. To eradicate this criticism there is need to come up