By Invitation Only: The Role of the AIRC in Private Arbitration

Australian Journal of Labour Law, Vol. 18, No. 1, pp. 53-77, 2005

Monash U. Department of Business Law & Taxation Research Paper

32 Pages Posted: 25 May 2011 Last revised: 30 Aug 2013

See all articles by Carolyn Sutherland

Carolyn Sutherland

Monash University - Department of Business Law & Taxation

Date Written: April 1, 2005

Abstract

One of the principal objectives of the Workplace Relations Act 1996 (Cth) is to ensure that the primary responsibility for determining industrial relations outcomes rests with employers and employees. At the time of introducing the legislation, the Coalition Government made it clear that a related goal of the Act was to reduce the intervention of third parties in this primary relationship. However, in one of the commission’s most significant areas of growth, the parties are increasingly inviting the commission to resolve disputes through private arbitration. This article explores the role of the commission in private arbitration in light of the objectives of the legislation. In particular, the article outlines the growth of private arbitration in practice and the development of the commission’s role in private arbitration through the decisions of the High Court and the commission.

Keywords: employment tribunal, arbitration, workplace relations

JEL Classification: J50, K31

Suggested Citation

Sutherland, Carolyn, By Invitation Only: The Role of the AIRC in Private Arbitration (April 1, 2005). Australian Journal of Labour Law, Vol. 18, No. 1, pp. 53-77, 2005 , Monash U. Department of Business Law & Taxation Research Paper, Available at SSRN: https://ssrn.com/abstract=1847066

Carolyn Sutherland (Contact Author)

Monash University - Department of Business Law & Taxation ( email )

Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

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