Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 MAY 2019

Fair Work Com­mis­sion rules out New Approaches to indi­vid­ual disputes

Swaab Attorneys
Explore more from Swaab Attorneys

'New Approaches' aims to assist employers, employees and representatives build productive and cooperative workplaces.

AustraliaEmployment and HR
Michael Byrnes
Michael Byrnes
Author LinkedIn connections

A New Approach

Sec­tion 576(2)(aa) of the Fair Work Act (Act) con­fers upon the Fair Work Com­mis­sion (FWC) the func­tion to pro­mote 'coop­er­a­tive and pro­duc­tive work­place rela­tions and pre­vent­ing dis­putes'.

Pur­suant to this pro­vi­sion, the FWC has imple­ment­ed a juris­dic­tion called 'New Approach­es', which has the aim of assist­ing employ­ers, employ­ees and their rep­re­sen­ta­tives build pro­duc­tive and coop­er­a­tive workplaces.

The New Approach­es page on the FWC web­site states:

'The New Approach­es juris­dic­tion enables the Com­mis­sion to work with par­ties to:

  1. Pro­mote coop­er­a­tive and pro­duc­tive work­place rela­tions through inter­est-based approach­es to bar­gain­ing for enter­prise agreements.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in
For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Minimum Wage Rates Gain Effect In Australia Today

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?
AustraliaEmployment and HR
Lexplosion Solutions Private Limited
Lexplosion Solutions Private Limited
Video

National Safe Work Month – For Life – Why WHS Matters (Video)

October is National Safe Work Month, and Cooper Grace Ward's workplace relations and safety team explores why work health and safety matters for every business. Special counsel Gemma Sharp examines the legal duties of PCBUs and officers to protect workers from both physical and psychosocial hazards, emphasizing that safety must be woven into the fabric of business operations rather than treated as an afterthought.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Podcast

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Podcast

Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart

Cooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Article

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Employ­ers Ban­ning AI Smart Glass­es From The Workplace

As wearable AI technology becomes more prevalent, employers face critical decisions about whether to ban smart glasses in the workplace. This analysis explores the privacy, cybersecurity, and workplace surveillance risks associated with AI-enabled eyewear, while examining the legal framework for regulating their use. Two important exceptions—disability accommodations and workplace safety—complicate what might otherwise be a straightforward prohibition.
AustraliaEmployment and HR
Swaab Attorneys
Swaab Attorneys
Article

Per­son­al Lia­bil­i­ty For Build­ing Defects: The Scope Of Sec­tion 37 Of The Design And Build­ing Prac­ti­tion­ers Act 2020 (NSW)

The NSW Supreme Court's decision in Alta Vale Residential Pty Ltd v STM123 Pty Ltd confirms that directors and project managers can face personal liability under section 37 of the Design and Building Practitioners Act 2020 for breaching statutory duties of care in construction projects. This case examines how individuals who supervise, coordinate or exercise substantive control over building work may be held personally responsible for economic losses arising from construction defects, even when acting
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys
Article

Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time

New South Wales has introduced strict legislation targeting landlords who knowingly permit tenants to sell illicit tobacco and vapes from their premises. With penalties reaching $165,000 and potential imprisonment, property owners must now actively monitor tenant activities and report suspicious behavior. The legislation also grants landlords new powers to terminate leases when closure orders are issued, fundamentally changing the landlord-tenant relationship in commercial retail settings.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys
Article

When Is Entry Into A Lot With­out The Lot Own­er’s Con­sent Per­mit­ted To Car­ry Out Repair Work To Com­mon Prop­er­ty? When There Is An Emergency

A New South Wales Civil and Administrative Tribunal case examines when an owners corporation can lawfully enter a lot without owner consent to repair common property under emergency provisions. The dispute centered on whether ongoing water leakage constituted an emergency justifying entry, and what damages flow from such access.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys
Article

Decen­ni­al Insur­ance For New Apart­ment buildings

The New South Wales Government has introduced Decennial Liability Insurance (DLI), a groundbreaking 10-year no-fault insurance policy for new apartment buildings that guarantees protection against serious defects even if developers or builders become insolvent. This legislative reform, passed through the Fair Trading and Building Legislation Amendment Bill 2026, fundamentally changes how apartment owners are protected from structural failures and serious defects.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys