General Protections Pursuant to Fair Work Australia: a New Remedy

The following paper was presented in Amsterdam on 17 july’2013 at NH Grand Hotel of Krasnapolsky

Nada Vujat, partner solicitor, Newcastle West, Australia: nvujat@emery.com.au

Over the past six years, Australia has experienced radical changes in industrial relations. The Fair Work Act 2009 (Cth) (FWA) establishes the current national system of industrial relations, which applies to about 85% of Australian employers. Fair Work Australia commenced on 1 July 2009 (Labour Government). The legislation was intended to increase protections available to the labour force which were arguably diminished pursuant to the previous Work Choices regime (Liberal Government).

Part 3-1 of the FWA is titled General Protections. This presentation explores the nature of these new remedies in detail, how the Federal Court of Australia is applying them, and the impact the introduction of such remedies has had and is likely to have upon the relationship between employers and employees.



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