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Role of Fair Work Commission - Doc

   

Added on  2021-06-14

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ReportIndustrial Dispute(Student Details: )
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ReportExecutive Summary Industrial disputes are a matter of concern for any nation, and this is also the case for Australia. In therecent time, the latest industrial dispute which garnered the interest of different parties across thenation was the one between the Oaky coal mine workers and the effective owner of the mine, Glencore.The dispute was raised when the previous enterprise agreement of the parties came to an end, and bothsides made attempts to resolve the matter. The coal miners were represented by Construction, Forestry,Mining and Energy Union, and Glencore owned Oaky Creek Coal Pty Ltd dealt with the union of the coalminers. After a number of rounds of negotiations, the new enterprise agreement was created. Butbefore this could happen, a lot of controversial and ugly turns took place in this matter. This report highlights the brief of this dispute, the contentions made by Oaky Creek Coal Pty Ltd andConstruction, Forestry, Mining and Energy Union, and the role of FWC in solving this dispute. Thisanalysis highlighted the need for FWC to be given with higher powers to resolve the matters, which areoverly stretched, even when they do not involve threat to public interest and the economy of the nationbeing impacted. pg. 1
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ReportContentsIntroduction.................................................................................................................................................3What was the dispute about?.....................................................................................................................3Oaky Creek Coal Pty Ltd viewpoint..............................................................................................................5CFMEU viewpoint........................................................................................................................................5Role of FWC in industrial dispute and its effectiveness...............................................................................7Need for giving more power to FWC...........................................................................................................9Recommendations.....................................................................................................................................10References.................................................................................................................................................11pg. 2
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ReportIntroduction Employment relationship refers to the legal link which is present between an employee and anemployer (Bray et al., 2018). An important aspect of maintaining industrial dispute is to avoid thepresence of industrial disputes. Industrial disputes basically denote the divergence between theemployer and employee’s representatives, which includes the role of trade unions, in context of pay orworking condition issues, and the result of which is industrial action being taken (Corthésy and Harris-Roper, 2014). Common tactics in cases of industrial actions include each party putting pressure on theother party and includes instances of lockouts and strikes on part of employers and employeesrespectively. Neither of the parties gets much by indulging in industrial disputes, as both parties loserevenue and their work balance (Shaw, McPhail and Ressia, 2018). In Australia, the Fair Work Commission herein referred to as FWC, plays the role of assisting theemployers and employees in resolving the disputes and this is deemed as their key function. This isbased on the Fair Work Act, 2009 (Cth) where the FWC’s objective was deemed as forwarding assessableand effective process for resolving the grievances and disputes (Floyd et al., 2017). One of the longestindustrial disputes in the nation was the one which took place between Oaky miners and Glencore,which is discussed in detail in the following segments, and also includes the role played by FWC in thismatter.What was the dispute about?The dispute which took place between the Oaky North coal miners and the main company Glencore wasinitiated as the collective agreement which was present between the two parties ended nearly threeyears back. The Oaky North coal miners were represented by Construction, Forestry, Mining and Energypg. 3
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