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The Changing Role Of The Australian Industrial Relations Commission In Resolving Workplace Disputes, Amanda Coulthard Dec 2009

The Changing Role Of The Australian Industrial Relations Commission In Resolving Workplace Disputes, Amanda Coulthard

Amanda Coulthard

Extract: The substantive provisions of the Work Choices amendments to the Workplace Relations Act 1996 (Cth) came into effect on 27 March 2006. Work Choices fundamentally alters the regulation of workplace relations in Australia. It creates a (almost) national workplace relations system through its application of the constitutional corporations and by largely overriding the industrial relations legislation of the States and Territories. Significant among the changes made by Work Choices is the change to the traditional dispute resolution role performed by the Australian Industrial Relations Commission (the AIRC).


What Is A Genuine Industrial Dispute? Attorney General For The State Of Queensland And The State Of Victoria & Anor V Riordan & Ors; Ex Parte The Australian Liquor Hospitality And Miscellaneous Workers Union & Ors, Amanda Coulthard Oct 2009

What Is A Genuine Industrial Dispute? Attorney General For The State Of Queensland And The State Of Victoria & Anor V Riordan & Ors; Ex Parte The Australian Liquor Hospitality And Miscellaneous Workers Union & Ors, Amanda Coulthard

Amanda Coulthard

Extract: There is a long standing doctrine that the service and rejection of a log of claims can generate an industrial dispute within the meaning of s 4(1) of the Industrial Relations Act 1988 (Cth). It is the scope of the qualification to this doctrine, namely that the demands in a log of claims be 'genuine', that is at the heart of this appeal. The appeal arises out of a finding made by Senior Deputy President Riordan of the Australian Industrial Relations Commission ('the Commission') that the service of a log of claims by the Australian Liquor, Hospitality and Miscellaneous …