INDUSTRIAL DISPUTE RESOLUTION Pre and post WorkChoices Rob Stevenson Partner, Nathan Lawyers INDUSTRIAL DISPUTE RESOLUTION pre and post WorkChoices1 By Rob Stevenson Partner, Nathan Lawyers 1. INTRODUCTION A system of industrial dispute resolution has evolved over the last 100 years in which the state and federal industrial commissions have played a pre-eminent (almost parental) role. The commissions have wide ranging powers to prevent and settle industrial disputes by compulsory conciliation and arbitration and a significant body of law has developed in this area. Since the election of the federal coalition government in 1996, there have been attempts to give greater emphasis to the resolution of disputes at the workplace level without the involvement of the industrial commissions. These efforts have occurred during an extended period of industrial peace and economic prosperity. The advent of the Workplace Relations Amendment (WorkChoices) Act 2005 (Cth) effectively sweeps away a body of law and practice which has developed over the last 100 years and seeks to remove the commissions from their prominent involvement in workplace dispute resolution whether on an industrial or individual basis. This paper considers the pre and post WorkChoices systems and the implications that WorkChoices has for dispute resolution in Australia as well as posing some practical problems for resolution.
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