The Federal Government has passed the Fair Work Amendment Bill 2012 through Parliament, enacting a number of key recommendations from the independent Fair Work Act Review.

 

Federal Minister for Workplace Relations, Bill shorten, said that legislation also implements the Government’s response to the Productivity Commission’s inquiry into default superannuation in modern awards.

 

The passing of the legislation will see Fair Work Australia renamed the Fair Work Commission, and will see a number of structural amendments introduced, including the creation of two Vice President positions.

 

The Act also improves the integrity of the unfair dismissal application and hearing process by:

  • aligning the timeframes for making unfair dismissal claims and general protections dismissal claims at 21 days;
  • implementing the review recommendations relating to costs orders where a party to an unfair dismissal matter has caused the other party to the matter to incur costs by an unreasonable act or omission.  This recommendation reflects concerns that unscrupulous lawyers or agents are encouraging dismissed employees to pursue unfair dismissal claims without merit on a no-win, no-fee basis;
  • providing the Fair Work Commission with discretion to dismiss applications in certain circumstances, such as when the applicant, without any reasonable explanation or excuse, fails to attend a hearing or comply with an order made by the Commission or has failed to discontinue an application after a settlement agreement has been concluded.