The Role of Fair Work Australia in Facilitating Collective Bargaining: Richard Naughton

Abstract

The form and content of the Fair Work Act 2009 (FW Act) make clear that in performing its functions the Federal industrial tribunal, Fair Work Australia (FWA), must take into account the ‘objects’ of the Act. These include the achievement of ‘productivity and fairness through an emphasis on enterprise-level collective bargaining underpinned by simple good faith bargaining obligations, and clear rules governing industrial action’ (s 3(f)).1 This is reinforced by the objects provisions in Part 2-4 of the FW Act, which include providing ‘a simple, fl exible and fair framework that enables collective bargaining in good faith . . . for enterprise agreements that deliver productivity benefi ts’ (s 171(a)).2