This report examines the influence of the Fair Work Commission (FWC) - formally Fair Work Australia - through its supervisory role in the enterprise bargaining process, and the consequences of FWC's involvement for the way that employers, employees and unions manage industrial relations at the workplace level. The study focuses on FWC's handling and determination of bargaining-related cases under Part 2-4 of the Fair Work Act 2009 between 1 July 2009 and 30 June 2012, and draws on a review of FWC decisions, case statistics, and interviews with employer and union representatives. The research findings will also enable FWC to determine the effectiveness of its interventions in collective bargaining under Part 2-4 of the Fair Work Act. It will inform FWC’s 2015 report into developments in enterprise agreement-making in Australia.
Authors: authored by Centre for Employment and Labour Relations Law member Associate Professor John Howe and Research Fellow Ingrid Landau, along with Centre Associate Members, Associate Professor Anthony Forsyth (RMIT University) and Professor Peter Gahan (Department of Management, University of Melbourne).