Analysis and Reform Proposals: The Fair Work Act & Employment Law

This report critically examines the Fair Work Act 2009, the primary legislation governing employment relations in Australia's private sector. It delves into criticisms and evaluations from both trade unions, advocating for workers' rights, and employer associations, representing business interests. The analysis covers key areas such as unfair dismissal claims, flexible working arrangements, protections against discrimination, and wage equality. The report also addresses concerns regarding funding for enforcement, penalty rates, and the gender pay gap. Furthermore, it explores the employer associations' perspectives on minimum wages, modern awards, enterprise agreements, and unfair dismissals, highlighting their calls for reforms to ensure fair judgment and equal remuneration based on skills and capabilities. This comprehensive assessment provides insights into the ongoing debates and potential remedies for improving the Fair Work Act to better serve both employers and employees.

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

with some new provisions which can pave way for betterment of such employees McCrystal
(2019)
A few issues with funding are also prominent. For the purpose of enforcing and applying
the law there is limited funding plans which causes hindrance. The present scenario is not
looking favourable. There is need to allocate additional funds. It has been a apprehension that
despite having a good law there are number of organizations who are not following and
practising the act to its optimal potential thus, with higher investments the government would be
able to ensure appropriate abidance by organizations.
There is an example where Russel Zimmerman who is chairman of Australian Retailers
Association Rawling and Schofield-George son (2018) found that the provision of reducing
Sunday penalty rates would be a hindering way to generate more jobs or generation of new jobs.
Take home pay of those workers who are having low salary will be getting affected adversely by
this act. Here trade unions advocated that such provisions must be part of law which can generate
new jobs for people.
Despite the fact that the law has been in operation for more than ten years, incidents like
these have shown that Australia still has a 17.6% gender wage discrepancy. Landau and Marshall
(2018) women are constituting big share of low wage paradigm due to their lower payment. The
trade unions found it one of the biggest jeopardies. They advocated that there must be more than
a few adjustments in the provisions in attempt to bring equality in term of payments.
Therefore, from the evaluation above it can be condensed that there had been a wide
range of criticism tossed by trade unions on behalf of workers or employees. They recommended
some provisions to turn the table and make the work environment flexible, fair, safe, and free
from all forms of bias and discrimination.
b)
This fair work act offers the terms and conditions for the employment and also set the
rights for the employers, employees and employee of organization as regard the employments.
According to the nation system, this act is regulated for the executives and employees of
organization. The employer's association is the main body employers and also helps in the
aspects of economic growth. Employees work together and employee’s association create the
broadside employment activities for the members of association Thornthwaite and Sheldon
(2021). in the evaluation of Fair work act 2009 have elements that are referred with the

organization relation ability to the federal government of Australia such as minimum wages for
employees, modern awards to motivate employees, enterprise agreements for employee’s
satisfaction, national employment standards, low paid bargaining, industrial actions and unfair
dismissal. This act is governed in all size of business for the staff and employees of organization
that helps in being familiar for the employees. The terms and conditions highlighted in the fair
work act 2009 which are most important to follow by the business.
The Australian fair work act pays the commission which are responsible for pay the wages to
the employees, and they decide to fix the wages and not provide the awards and increments to
the federal minimum wages and setting in the fair work Australia. The issues are raised by the
employer's association related to the wages regarding those wages must be increased for
employees because it is most important for the employee's survival in modern generation. It is
also referred as the low paid and it is the two third earning of the median wages. The employer
association noticed that the issues and inquiries from the employers are on the rise for the
appropriate rate of pay for the workers
Employer's association raise that the penalty rates on reduce the Sundays and public holidays
because they are not able to enjoy their life and goes under the pressure of works, and they need
to provide the flexibility hours to the employees and employers that helps in some relaxation for
them and refreshments. (Fanfani and Lucifora, 2021).
In the context of modern awards, the employer's association are evaluated that they are
found the difficulties to determine the modern awards and face challenges applying to their
workers and motivated towards the works. The modern awards is necessary for the Australia and
its helps in cover the most people work and condition of employments. The modern awards are
must consider for providing the opportunities to the employees and it helps in balanced against
the objectives of the employees. The many numbers of employers association desire to vary the
modern awards. They are not fulfilled the act which are most important for provide the
opportunities to the employees. The modern awards are administrated by the fair-work
commissions.
In the context of unfair dismissals, the employer's association are raise the disapproval
that employers are terminated a worker contract without a fair reason to do so. That's why it can
be claimed by the employees if employer had the correct reason but manage with the dismissal
using the worst procedures. The fair work Australia is noted that the employees man and family

are face the difficulties in found the another jobs so, provide the safety and security to the
employees of the organization as well as fulfil the demand of the workers for their satisfaction.
The content of individual are demanding the walk away wealth to accomplish their affirmation
for the unfair dismissals proceed to compile. In moreover, the unfair dismissals exploding the
numbers of assertion so, they have to furnish the safety for the person and raised that they must
modification the pay of cut less than 14 days which are helps in getting the satisfaction to the
employees.
In the terms of enterprise agreements that the employer's association are against the
enterprise agreements which are negotiable by the trade unions and it is the biased and irrelevant
for employees (Goods and Ellem, 2022). They want that the better off overall must be meet and
making the approval of the enterprise agreements as well as require to the minimum flexibility
arrangements and provide the beat practice and experience under the workplace relations act.
The enterprise agreement are related with the agreements for the employees such as rules for the
leavers, break time, classification, allowances,procedures for the consultations, types of
employment, minimum wages, penalty rates, etc.
There are various remedies which are most important for reforms because the employer's
association wants the fair judgemental for the employees in the organization. In the aspects of
equal remuneration, the remuneration must be equal but it must be based on the abilities and
capabilities as well as skills and knowledge of the employees which are most important and it
helps in reduce the unfair between the employees and helps in provide the equal opportunities to
all the employees with the fair remuneration and wages (Rawling and Schofield-Georgeson,
2018). Example: provide equal wages and minimum wages to all the employees are unfair
because some have good skills and excellent in doing the jobs and some are performing poor
means it can be the unfair for the employees so, the employer's association are raise voice for
increase the wags and remuneration for the employees those are performing well and doing task
and job in excellence ways. In the training periods of employees, they should provide the low
wages as compare to the seniors. In other words, provide the high wages to the junior employees
as compare to the seniors.
The association are evaluated that they must enhance the annual leaves more than the 38
hours in week and provide the flexibility to employees for the leaves as well as provide the paid
breaks to the employees because it is necessary for the employees so, they can go for leave and

holidays with family members which helps in employees growth and development because of the
unpaid breaks they are restricted and not able to take leaves in the emergency and for their
families.
The modern awards is the documents and sets the minimum conditions and terms of the
employments on the national employments standards. The modern awards provide the various
entitlements that includes the rosters, pays, hours of works, allowances, penalty rates, breaks, etc.
it is covered by the national workplace relation systems. These awards are the occupation based
and it applied by the employees and employers who perform their work which are covered by the
modern awards. The modern awards are essential in relate the prospect of relation with
employees (Markey and McIvor, 2018). It helps in determinant them and motivated employees
for the registered agreements and its affiliated with the hours of work, flexible working
arrangement, rest breaks, allowances, leave, classification, penalty rates and minimum reward
and that all are restrict and bound the employees in the boundaries.
As per the regarding of the 12 months leave for the maternity and parental they can
provide the work from home opportunities to the women which helps in reduce the gaps of the
employees works in the organization (McCrystal, 2018). They also reform the duration of the
notice period of take leave for the parental week more than the 10 week in advance as well as
they can provide the safe job for the pregnant employees those who wants to job within
organization and provide them the maternity safety so, they can work freely in the organization
and accomplish the work without any fear.
Part B
Sex discrimination refers to the illegal activity in which the individual person make
uncomfortable to the other person by creating situation of offend, humiliation, bullying the
women. The person creates the intimidating situation without the consulting another person.
Basically the one person develop the unpleasant environment for the individual person. in the
Australia is it is considered as the illegal practice as due to discrimination some people suffer
from physical as well physiological illness. For instance, due to the sex discrimination the
women face issue of depression, anxiety which is part of mental illness. Along with that it affect
the health of the individual person and well-being of the women will be changed. It affects the
reputation and damage the image of the organization. the individual person who involved in the
practice of harasses is responsible for the unacceptable behaviour (Hackett, Steptoe, and

Jackson, 2019). In order to save the people from any kind of discrimination the authority of
nation imposed some rules and regulation under Human Right Commission. The authority
formed the law for controlling the activity of sex harassment or discrimination under the Act of
sex discrimination act 1984 which control the discrimination among the people working with in
the association that includes employees, employers, contractor, worker, agent customers, trainers
or trainee etc. the law is imposed to deliver the respect to the worker at the working place. In the
legal system the workers is ruled by the obligation and protected by the law under the sex
discrimination Act 1984.
The aim of this act is to control the activity of sexual harassment as per the research many of the
people are facing this issue. In order to that it is essential to address in effective as well as
efficient manner. basically the sex harassment is bifurcated in two parts which are sex
discrimination act and anti-discrimination act. The woman, young people, Aboriginal and Torres
straits Islands employees, the individual person who are gay, lesbian, transgender, bisexual etc
are faced the sex harassment most of the time ( Gaze, 2010). The sex harassment includes sex
molestation , stalking, sexual assault and various sexually explicit. In order to protect the sex
discrimination at workplace it is important to follow some of the employees obligation
mentioned in the rules and regulation. For instance, Woolworth group is a retail company which
have legal responsibilities or code of conduct in order to deliver safety to the employees and do
not discriminate against them. for the workers of the organization, the employers should take
essential steps for prevention that consider the policy and procedure that from offering
discrimination free environment or the culture. The employer main and major responsibility to
treat each and every employee of the organization equally and deliver adequate salary to them.
along with that under the law the employer need to form a department for the analysation of sex
discrimination ,whose job role is to determine the discrimination on the workplace and take
major steps against the discrimination. Along with that it is duty to of the employers is to focus
on the discrimination complaints and allow the workers to register the complainants freely
(Poulos, 2018).
Along with that it is duty of the employers to follow the employees’ law and deliver support to
the victim. The employees law is refers to the duty in which the employers deliver the safety to
the workers of the organization at workplace that also include discrimination on the basis of
name age, gender, region etc. and make the workplace comfortable for the working people. For

the safety of the employees the employers give freedom to the workers for registered the
completing and take the action against discrimination as soon as possible. It is employers’
obligation to take care of the workers working within Theo organization and treat them as the
assets of the organization rather than treating them as the liability. According to the law the
employer will be liable for the discrimination if the employer does not follow or take initiative
step to control the activity and protect the people. the individual person needs to keep the
workers on the priority as they worked as the assets of the organization and deliver huge efforts
from the welfare of the company. In context to that the employees of the association has right to
be protected at workplace under the employees law. Apart from that it is duty to provide the
knowledge or training and development programme for the employees in order to deal with the
issues. Along with that the employers should provide the guidelines to the workers as well as
provide terms and condition for delivering the assistance to the employees and employers in
avoiding all kind of discrimination in the organization that consider sex discrimination too.
(Preston, Birch, and Timming2019).
The federal government has adopted and act upon recommendation 17 in thee AHRC respect @
work report about the sexual discrimination. It is represented by the one of the leading
personalities named as Kate Jenkins as the part of Austinian human right commissions. It
indicated that fo the safety of the people it is significant to address this issue in effective as well
as efficient manner. the Kate Jenkin deliver the recommendation in order to protect the people
and control this unlawful activity (Phoebe, Fetherston, and Nilson, 2019). under the sex
discrimination act 1984 the president mention that the grievance lodge more the six months after
unproven illegal discrimination took place. For making the peaceful environment and culture of
the organisation it is the positive responsibility of the employer is to investigate the whole
problem and determine whether the discrimination is valid or not. Apart from that is essential to
reorganise that dismissal is harsh, reasonable, or unreasonable. The movement imposed the
duties due to which the employer of the organisation is able to protect the reputation and image
of the company. under the section it is also suggested that stop bullying or stop sexual
harassment order to manage the positive culture of the organisation. it worked in the support of
the recommendation made by the individual person and review the legislation and implemented
the sexual discrimination act. Along with that the government mentioned some code of conduct
which supposed to follow by the employees and the employers of the organisation. further it

also delivers some of the guidelines and practice principles for the development of the rules as
well as regulation. The Government agreed to the advice. The Government has also promised to
engage with state and territory governments to revise existing human rights and anti-
discrimination laws in order to achieve conformity with the SDA whenever practicable
(MacDonald, 2018).
CONCLUSION
As the conclusion, this report also elaborated the disapproval in the fair work act
regarding the employees as relate the acts such as minimum wages, extensive agreement, modern
awards, etc. the fair work at illustrate the re-regulation of the employment market and the
employers’ associations are bargaining for the low paid and minimum wages, working condition,
situation and flexible hours. This report also discussed the criticism in the fair work act which
are raised by the trade union movements such as not provide the leave o the employees more
than 14 days and establish the unfair discrimination. In the conclusion this report discussed the
fair work act and its remedies for reform which are advocated by the trade union and employers’
association.

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