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Paper: Finding Fairness – A review of the first 12 months of the Fair Work Act 2009

This report was written 12 months after the majority of the Fair Work Act had been in operation for 12 months. It analysed emerging issues for employers under the new IR regime including:

  • The expansion of union right of entry;
    The failure of individual flexibility arrangements (IFAs) to
    deliver genuine flexibility;
  • Restrictions on agreement making options;
  • The costs to employers of unfair dismissal claims;
  • The breadth of the adverse action / general protections
    provisions;
    The burden of new transfer of business provisions;
  • The initial lack of certainty around modern award coverage;
  • The increased likelihood of protected and unprotected industrial
    action; and
  • Uncertainties around the operation of the National Employment
    Standards.

To view the full report, click here

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