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The Fair Work Act 2009 (Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. [ 1 ] [ 2 ] Replacing the Howard government 's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission .
Under the Fair Work Act 2009, employers are prohibited from using undue influence or pressure, coercion, threats, discrimination or taking adverse action against an employee to make them sign. Nor can employers insist upon an employee agreeing to an IFA as a condition of employment or lose out on opportunities such as overtime or shifts with ...
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The Fair Work Act 2009 section 346(a) says there is a right to suffer no "adverse action" from an employer (or anyone) if that person "is or is not, or was or was not, an officer or member of an industrial association". [108] Clauses in awards and collective agreements to give preferences to union members over non-members are also prohibited. [109]
The Fair Work Act 2009 provides a simple, flexible and fair framework that assists employers and employees to bargain in good faith to make an enterprise agreement. [3] Employers, employees and their bargaining representatives are involved in the process of bargaining for a proposed enterprise agreement.
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The ROC was established on 1 May 2017 under the Fair Work (Registered Organisations) Amendment Act 2016 (Cth) [3] and was abolished on 6 March 2023, with its functions transferring to the Fair Work Commission. The role of the ROC includes the following functions: [2]
[2] [3] Operations commenced on 1 July 2009. It is the successor of the Australian Industrial Relations Commission, and also performs functions previously performed by the Workplace Authority and the Australian Fair Pay Commission. The office of President of the Fair Work Commission has been held by Justice Adam Hatcher since 19 February 2023. [4]