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How to enforce award conditions

Disputed award provisions are generally enforced through unions. Under the Workplace Relations Act 1996 (Cth) the emphasis is now on solving disputes at the workplace, and if that fails by some other alternative dispute resolution process. Only if there is no resolution of the problem at that level, can an approach be made to the AIRC which can conciliate the matter. The AIRC can also arbitrate but only as a last resort, and it cannot enforce the outcome.

None of this takes away from the rights of individuals to enforce their rights under an award through the courts. Indeed, under the Workplace Relations Act 1996 (Cth), awards can no longer provide for a right of entry for union officials to inspect the premises or interview employees, although unions can apply for an entry permit from the AIRC, and this places a greater onus on employees themselves to act in relation to perceived breaches and to inform their union.

Individual employees who believe their employer is breaching the award should seek assistance from their union (if they belong to one) or from the Federal Department of Employment and Workplace Relations and the Office of Workplace Services.

How to enforce award conditions  :  Last Revised: Mon Apr 30th 2007




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