Fair Work Commission's Role in Industrial Disputes: An Analysis

This essay delves into the multifaceted role of the Fair Work Commission (FWC) in Australian employment relations, focusing on its responsibilities in resolving disputes between employers and employees. The essay highlights the FWC's functions, including setting minimum wages, facilitating collective bargaining, regulating industrial actions, and handling applications related to unfair dismissal and other workplace issues. A significant portion of the essay is dedicated to a case study involving the Oaky Creek Coal Pty Ltd and the Construction, Forestry, Mining, and Energy Union, which occurred in 2017. The analysis explores the FWC's interventions, such as mediation and public hearings, and its methods of dealing with applications, including referral to conciliators and issuing directions. The study emphasizes the importance of the FWC in maintaining fair and productive workplace environments, protecting workers' rights, and preventing industrial actions that could harm the economy.

Running head: EMPLOYMENT RELATIONS 1
EMPLOYMENT RELATIONS
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Abstract
This essay covers some of the roles played by the Fair Work Commission while dealing with
dispute amongst workers and their employees. Last year and early this year, the commission was
able to handle dispute among the Oaky Creek Coal Pty Ltd and the construction, forestry,
mining, and energy union. The commission practiced some of its responsibilities as they are laid
down in their act. Some of the roles were: - Setting minimum wages, facilitating bargaining,
regulating some of the industrial actions and handling application. They are explained in a
detailed way in this essay and the way they were applied in solving the industrial action between
Oaky Creek Coal Pty Ltd and the construction, forestry, mining, and energy union.

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Table of Contents
Abstract......................................................................................................................................................1
Employment relations.................................................................................................................................2
Introduction.................................................................................................................................................2
Background Information.........................................................................................................................2
Research justification..............................................................................................................................2
Research disciplines................................................................................................................................3
Literature review........................................................................................................................................3
The general role of Fair Work Commission.............................................................................................3
Methods to deal with applications.........................................................................................................3
Recommendation.......................................................................................................................................4
Conclusion..................................................................................................................................................4
References..................................................................................................................................................4

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Employment relations
Introduction
Employment relation is defined as some of the efforts that the company puts in place to establish
and manage the friendly working environment amongst the employer and the employees.
Companies that fairly treats its employees have good turn over at the closure of each fiscal year.
The organization with good employment relations provide some programs that provide frequent,
consistent and fair treatment to all its employees for them to be committed to their
responsibilities and perform them as required by the loyalties of the company. For the
employment relations to exist, every person has to perform their duty under stipulated conditions
in return for remuneration. This has led to the rise of Fair Work Commission that handles the
disputes that arise between the employers and the employees. One of the most recent dispute to
be experienced being the Oaky Creek Coal Pty Ltd and the construction, forestry, mining, and
energy union in 2017. Putting the case into consideration, we have come up with some of the
roles performed by the Fair Work Commission to solve the various industrial disputes.
Background Information
The year 2017 was when the majority of industrial relations actors did experience the decline in
the union membership. The collective bargaining made history by reaching the crisis point. This
was witnessed time after the Productivity Commission (2015) had made remarkable remarks
regarding the Enterprise Action that was working well. Unfortunately, some employees
expressed their reaction to the outcome of collective bargaining act in regards to the fair or
economic sustainability. The employers as well expressed their raising unease as a result of
constraints subjected by the collective bargain and hence devaluing the purpose of Fair Work Act
of promoting bargaining. Strong opposition was experienced during these times and led to the

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need for the legislature to come up with policies that could have settled these factors due to
increased demand for recognition.
Research justification
At the end of the study, it was learned that the employment relationship is a paramount factor for
the growth and development of a country as well as the company. This will help to solve the
challenges experienced as a result of a disagreement between the employees and employers.
Failure to involve the workers in the decision making attracts the industrial action, and the Fair
Work Commission has to intervene as well. The report will, in turn, show the role played by the
president of the Fair Work Commission in settling affairs of an industrial dispute between the
Oaky Creek Coal Pty Ltd and the construction, forestry, mining, and energy union in 2017.
Industrial actions have no benefit to our beloved country and may lead to massive loss to the
economy.
Research disciplines
Some of the keyword that the research put into consideration include; collective bargaining,
enterprise agreement, union, memberships, industrial disputes and Fair Work Act. These
keywords form the basis used in the research and tell more of the employment relations. Special
attention was paid to industrial action as it is the paramount function of the commission. All
these research disciplines interact with each other and have a great impact on the other.
Literature review
The general role of Fair Work Commission
This is a workplace relation tribunal in Australia and has power vested in it to carry out the
protection of the welfare of the workers at the workplace as well as their employers. Some of its
duties have been discussed in detail below. If employers are not well protected, employers can
exploit them. The union officials had as well accused the mining company of harassing some of

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its members. The workers were forced to carry out duties of their colleague who were
participating in the industrial action. Some of the roles carried out by the Fair Work
Commission are as well discussed below concerning Oaky Creek Coal Pty Ltd and the
Constructions, Forestry, Mining, and Energy Union in 2017 and 2018
Setting up the minimum net wages
This helps to prevent the exploitation of the workers by their employers. If the employees are
not well protected, they can be poorly paid and hence the need to protect them. This is achieved
in ways like setting up of the minimum wage to be earned by every employee. The setting of the
minimum wage helps to fight the poverty level that the country has (Marmot 2009, p 24).
Citizens who are well paid have better living conditions.
Collective bargaining is also a major role played by the Fair Work Commission
This enables to solve the situation in a way that is simple and a convenient one. Because the
employees cannot have a bargaining power at the individual level. This is vested into the
commission which in turn establish guidelines and advocates for better pay. The commission is
as well able to handle some of the stubborn employees who love to oppress the employees (Fair
Work Commission, 2014). At times while the collective bargaining power is ongoing, the
commission may as well order the worker to report back to their duties. These help to solve the
issue of the economy that Australia can experience and employees pave the way for the
bargaining.

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Dealing with application in matters regarding unfair dismissal
Research showed that in case one employee participating in industrial action is dismissed by the
employer applying to the Fair Work Commission helped in sorting out the issue. This
application can as well be a result of unfair healing before dismissal and at a times failure to be
given a chance to defend yourself. The law allows the Fair Work Commission to listen to your
petition but only if it is filed before 21 days of dismissal are over. The commission can reinstate
one's position if found out that your rights were violated and action taken against your employer.
All the parties that were involved in this industrial action were given chances to express
themselves, and the matter was solved between the employees and employers of Oaky Creek
Coal Pty Ltd and the Constructions, Forestry, Mining, and Energy Union in 2017 and 2018.
Regulation of industrial action by Fair Work Commission
All the industrial action that one participates into should be protected and allowed by the law.
Supporting an industrial action that violates the rules and the law of Australia is a serious offense
that the commission bars and those responsible faces charges. Employers, employees and
member’s representatives who take part in an industrial action that poses a threat to Australia's
economy, destroying the property and leading to the loss of the customers as well face the
commission.
Fair Work Commission resolves a collective and individual workplace disputes through ways
like reconciliation, public tribunal hearing, and mediation. Mediation is the use of a neutral
person, and each side gives its grievances, one at a time and the mediator provides the final
ruling of who wronged the other. Each party agrees, and they all came out with an amicable
solution. Public hearings are the hearing that the media and the general public are allowed to

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participate. Fair Work Commission played a significant role in solving the dispute that was
experienced at the Oaky Creek Coal Pty Ltd and the Constructions, Forestry, Mining, and
Energy Union in 2017 and 2018. At some points, they could act as the mediators to ensure the
workers went back to work and things went back to the normal level (Marmot 2009, p 26)
The last role that the commission plays is acting as an intermediary
It serves as an intermediary in matters of general workplace protections, transfer of business,
workplace determination, stand down and right of entry.
The Oaky Creek Coal Pty Ltd and the Constructions, Forestry, Mining, and Energy Union in
2017 and 2018 were all blaming each other due to the emerging situation. The employer at some
point could bar the employee from accessing the premises while the industrial action was taking
place. Some of the workers who reported to work were forced to do the duties which were
supposed to be done by their colleagues on strike. The Constructions, Forestry, Mining, and
Energy Union in 2017 and 2018 employees accused their employers of contracting some
contractors who did not meet their expectations. The employer suggested that some issues
should be discussed without the involvement of the employee representatives. This had to be
intervened by the Fair Work Commission as it had led to an economic loss to the counties (Fair
Work Commission, 2015).
In separate occasions, the decisions made by the Fair Work Commission requires administrative
support This is granted by the corporation of all the actors involved as there are guidelines
stipulated on how to handle such occurrence. Employers and the union representatives
participate in the decision-making process initiated by the commission.

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Methods to deal with applications
The commission was mandated to take a range of different actions while executing its powers to
the affected parties. Special attention is to the role played by the Fair Work Commission in the
response of Oaky Creek Coal Pty Ltd and the Constructions, Forestry, Mining, and Energy
Union in 2017 and 2018.
Referral of matter to the staff conciliators. The conciliator carries out the conciliation work in an
informal way and applies some of the faster and quick methods to settle the case (Layton 2015).
The Fair Work commission uses the most experienced staff conciliator to reconcile the parties.
The conciliators try to come up with the best option that will settle the matter without necessarily
using the legal means. The conciliator can thoroughly test the evidence presented to the
commission and at times gives some of the options in making decisions. At times the
conciliation process is held over the phone. This may take around 90 minutes as it involves all
parties. In most occasion’s application on the matter regarding termination of employment are
handled by the conciliators. The case of management staff is required to liaise with the
employers and employee’s representatives and organize mobile phone conferences. They as well
present their grievances and the conciliator assists to find a solution. Conciliators are very
important while decision making is underway. The working experience the conciliators have
acted as an added advantage to the commission on solving disputes between the employee and
employers.
Issues the direction on how an application is to be handled. The commission can as well issue
the way out just in case the parties involved fail to meet the required deadline. They may as well
refer a case to a tribunal and at times may be handed over to a court of law. The direction can as

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well be whether the application will address subcommittees of the commission. (Fair Work
Commission, 2013).
Fear hearing- this is the provision of the opportunities to all the parties to put forward their issue
and have the issue dealt with. This is clearly stated in the Fair Work Act 2009. The act requires
the commission to do some of these activities in a way that is: - as fast as possible while handling
matters regarding the disputes, the commission to be as transparent in the highest attainable
level, use simple method (informal methods) and avoid the complication of matters, support the
harmony and cooperation in the working relations, and be fair and just in all the dispute settling
process. The commission does not support any intimidation on things like discrimination. Forms
of discrimination that the commission fight against are; Racialism, genders, sexual harassment,
and tribalism. Matters that have any form of intimidation are subjected to a fair hearing
(Marmot 2009, p 25). The commission practiced fair hearing on the matter that was presented to
it by Oaky Creek Coal Pty Ltd and the Constructions, Forestry, Mining, and Energy Union in
2017.
Taking evidence- matters that require pieces of evidence are as well handed in with the evidence
which in turn is used in the case determination (James 2015). This evidence can either be written
or verbal. The members of the commission have the privilege to gather the information in
different ways. The commission may as well require the person to appear before it, welcoming
the parties to make the different submissions that they have either written/orally, requesting the
person to provide documents and their copies with relevant information to the Fair Work
Commission. Limited occasion the commission is allowed to take the evidence presented to it
while the person is under oath (Morrell 2009). In case one is called to the commission and fails
to attend, the matter might as well be decided without his/her presence.

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Conducting conference- the commission plays a vital role in ensuring that the telephone
conference occurs amidst the conciliator, employers, and employees. They as well played a vital
role in ensuring the crisis amongst Oaky Creek Coal Pty Ltd and the Constructions, Forestry,
Mining, and Energy Union in 2017 and 2018 came to an end. The Fair Work Commission like
any other body in the government is mandated to take part in conferences to create awareness of
its existence and showcase their responsibilities to the general public. This helps the commission
to be known, and as well the employee knows of its location and procedures to issues solved
(Marmot 2012, p 7).
Making decisions and orders- the representatives of both Oaky Creek Coal Pty Ltd and the
Constructions, Forestry, Mining, and Energy Union in 2017 and 2018 were all summoned to end
the crisis and avoid the blame games that they were all playing. The commission ordered the
employees to get back to work as the issue raised was being sorted out and a long-lasting
solution sought. The Fair Work Commission publishes its reports and decision after every case
they have settled amongst the different parties. Interim decisions are made by the commission as
well as giving directions while the proceedings are ongoing. Mostly, the orders and decisions
are placed on the commission’s website for the general public to have access. Verbal decisions
are made at times by the commission member, and written ones are as well made available to the
general public through the publication on the commission’s website. Components of the
decisions and the specific application presented to the Fair Work Commission are made public to
respond to the questions raised in a more detailed manner (Stewart 2014).
Recommendation
Some of the recommendations to the commission is to provide different free calls hotline for
reporting unfair practices among the workplaces. It is also recommended that the commission

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be added powers for strengthening its effectiveness. The commission should as well advocate
for a policy of every worker to join the industrial association for collective bargaining.
Conclusion
The role played by the Fair Work Commission during the Oaky Creek Coal Pty Ltd and the
construction, forestry, mining, and energy union in 2017 is clear and evident. They did help to
control the crisis that was experienced during the industrial action by the employees against their
employer (Fair Work Commission, 2010). More power should be vested to the commission to
avoid future occasions of such industrial action. Decision making, orders, mediation and
conciliation being part of some of the roles the commission has played. The commission has as
well exercised their mandate as required by the Fair Work Act 2009 (Cooney 2013).