Third party intervention reconsidered: Promoting cooperative workplace relations in the new 'fair work' system

Abstract

This article examines and evaluates the new dispute prevention roles that have been adopted by public dispute resolution agencies in Canada, the United States, Ireland and the United Kingdom since the mid-late 1990s. The article finds that these new forms of 'third party intervention' have succeeded in promoting cooperative workplace relationships, with significant benefits for firms and broader economic benefits. In the context of the declining dispute resolution role of federal and state industrial tribunals in Australia, this article argues that the Rudd Government should equip the new regulatory agencies established by the Fair Work Act 2009 (Cth) with innovative, dispute prevention functions. In this way, Fair Work Australia and the Office of the Fair Work Ombudsman can play a central role in achieving the government's policy objective of more cooperative and productive workplaces.

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