Dispute Resolution under WorkChoices: The First Year

ABSTRACT

The Workplace Relations Amendment (Work Choices) Art 2005 (Cth) has effected a transition from compulsory conciliation and arbitration to voluntary dispute resolution, which may be carried out by the Australian Industrial Relations Commission (AIRC) or private ‘alternative dispute resolution’ (ADR) providers. This article examines the first year of operation for the new statutory framework for dispute settlement, focusing on its impact on the AIRC and how the institution has adapted as a result. It finds that while many parties continue to utilise the services of the AIRC, its overall workload has been drastically reduced along with its role and standing in the industrial relations system. Further, the nature of dispute resolution in the AIRC has been transformed, through (for example) new privacy provisions and limits on enforcement options. The article also considers the new arrangements for private ADR of workplace disputes, finding that despite the provision of government funding there appears to have been very little take-up in this area to date.