Future Directions: Enhancing the public value of the Fair Work Commission

Abstract

This article looks at the transformational changes and innovations occurring within the Fair Work Commission (the Commission) in response to changes in the workplace relations, economic and social environments. Beginning with a discussion on defining, measuring and communicating success in the public sector and the challenges of applying public value concepts to gauge the performance of courts and tribunals, the article then considers the changing nature of the Commission's work, a shift from collective to individual dispute resolution with a corresponding increase in the number of applications lodged. The response is the Future Directions program, over 50 new initiatives aimed at enhancing the public value of the Commission. Future Directions encompasses four broad themes: promoting fairness and improving access; efficiency and innovation; increasing accountability and productivity; and engaging with industry. The implementation of Future Directions has significantly improved the service and public value that the Commission provides to the community and enhances the Commission's standing as one of Australia's key national institutions.Australia has had a national workplace relations tribunal for over a century. It is one of our key national institutions. Over time the tribunal, currently known as the Fair Work Commission, has undergone many changes in jurisdiction, name, functions and structure. It has endured by successfully adapting to changes in its legislative environment and because it provides an independent, competent and

Still central: Change and continuity in Australia's major industrial tribunal

“…At its core, reporting is about identifying the public value of the institution and communicating to stakeholders and the public that their expectations are being met. (Ross, 2016, p. 403; see also Ross, 2012)…”

Australian industrial relations in 2015

“…In this context, the central objective of Future Directions is to ensure that the FWC continues to deliver public value. Justice Ross (2016) explains that public value can be understood in terms of providing just and predictable decisions, delivering procedural justice and ensuring efficient and fair dispute resolution. To this end, his article outlines the four central themes of the Future Directions programme: promoting fairness and improving access; efficiency and innovation; increasing accountability; and productivity and engaging with industry.…”

The potential influence of prior work experience on unfair dismissal arbitration decisions related to employee misconduct: an exploratory study of decision styles

“…In Australia, arbitration is provided by employment tribunals with its key national tribunal currently operating under the nomenclature of the Fair Work Commission. This institution is of significant 'public value', expected to reflect virtues of impartiality, informality and accessibility, affordability, fairness, expertise, efficiency and to deliver both substantive and procedural justice to the parties seeking its dispute resolution services (Ross 2016). Typically, the people making arbitral level decisions, as in the Australian case, must have experience in one or more areas including: law, workplace relations, academia, business, industry or commerce, or associations representing the interests of employers or employees (Fair Work Act 2009).…”