Major Tribunal Decisions in 2011

This article examines a number of decisions from 2011 that have further defined the scope and operation of the Fair Work Act 2009. The year 2011 was one in which Fair Work Australia took the dramatic step of terminating industrial action on the basis of a threat to the economy. This article considers that Full Bench decision, and the role of arbitration to resolve that dispute. Further, in a series of decisions dealing with good faith bargaining, Fair Work Australia has continued to demonstrate the common-sense approach it will take to applications under the Fair Work Act. The rights and obligations of bargaining representatives have now been made somewhat clearer. Finally, 2011 saw the adverse action provisions of the Fair Work Act go under the spotlight, including before a Full Bench of the Federal Court of Australia, demonstrating the approach the Courts will take to protect the exercise of workplace rights by employees.