The Work-Life Provisions of the Fair Work Act: A Compromise of Stakeholder Preference
This paper adopts a stakeholder analysis approach to policy formulation to consider the Rudd Government's success in achieving its work-life balance goals through the Fair Work Act (FWA), the extent to which it consulted stakeholders and the stakeholders to whom it listened. We explore the stated interests of key stakeholders in the process. We review the legislation, the parliamentary debates, and submissions to the Senate Inquiry into the Fair Work Bill 2008. We also consider the related and simultaneous Productivity Commission enquiry into paid parental leave up until the May 2009 federal budget. The paper concludes that the FWA develops a prescriptive response to work-life balance in establishing National Employment Standards for substantive issues including parental leave, maximum hours of work, paid personal carers' leave, compassionate leave, community service leave and the right to request flexible working arrangements. The Act is less prescriptive, however, in relation to process provisions, in particular the powers of the newly established 'Fair Work Australia' to hear and intercede in disputes regarding work-life balance provisions. There is a lack of clarity about individual flexibility agreements and the assessment of the 'Better Off Overall Test' (BOOT). The weak process provisions represent an uneasy and perhaps unworkable compromise between the competing demands of stakeholders.
Volume (Year): 36 (2010)
Issue (Month): 2 ()
|Note:||Colley, L.; Waterhouse, J. 2010. The Work-Life Provisions of the Fair Work Act: A Compromise of Stakeholder Preference. Australian Bulletin of Labour, Vol. 36 No. 2, pp.154-177.|
|Contact details of provider:|| Postal: GPO Box 2100, Adelaide SA 5001|
Phone: +61 8 8201 2265
Fax: +61 8 8276 9060
Web page: http://www.flinders.edu.au/sabs/nils/
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:fli:journl:25970. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Rupali Saikia)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.