Research On The System Of Australia Industrial Disputes Resolution

At the dawn of 21 st century,the development of the world is more concentrated on the superiority of the institutional competition.Thus as the core of harmonious labour relations,the system of industrial dispute resolution has become the safeguard mechanism to economic development and social harmony.A scientific system not only requires perfect national legislation,but also needs the smooth operation of internal dispute resolution mechanism,as well as the efficient support of external one.Both historically and today,Australia has always had its superiority and uniqueness in the system of labor dispute resolution,especially in system design.Since the end of the twentieth century,Australia has undergone several profound labour legislation reforms during the period of Australia's labor relations reform.These reforms,especially the latest one,has facilitated the improvement of labour legislation.Furthermore,a more complete dispute resolution system has been formed,and a series of alternative dispute resolution and technologies have been used to facilitate the operation of this system.In contrast,China has also undergone the labour relations reform and made a success in dispute resolution during the same period,but there are still some flaws in system design and construction,especially for different types of labour disputes.Therefore,it is a great help to perfect our system through the study of Australia's industrial dispute resolution system.From the perspective of the latest labour legislation Fair Work Act 2009 and its core institution--Fair Work Commission,this thesis would begin with basic theories,in order to analyze the characteristics and system design of the Australia's industrial dispute resolution,the author introduces the history and reforms of federal industrial relation and compares it with Chinese one,then draws lessons from the experience of Australia on our system.Thus apart from the Introduction,this thesis contains four parts:The first part is focused on the basic theory of industrial disputes,the first step is to identify the concept of “Industrial dispute” both in Australian legislation and practice,clarifies the classification of industrial disputes,then analyze its connotation and the role of“Industrial dispute" in labor relations;and on these basis,a series of general and special causes of the formation and development of industrial disputes need to be explained for a better understanding for system's reform.Starting with the history and reforms of federal labour legislation and resolution system,the second part of the thesis is concentrated on the importance and necessity of constructing and perfecting the industrial dispute resolution system.In the third part,through the introduction of the value and orientation of the legal framework in Australia's industrial dispute resolution,the author would illuminates the main agency and organizations of the system,and explains the basic methods of the dispute resolution.After putting forward the details of the diversified dispute settlement procedures both the internal and external,the summary of the concept is given with focus on the framework's advantage and disadvantage.In addition,this thesis would specify the external system operation through the analysis of Australian classical case--Qantas industrial dispute.The fourth part mainly discusses the feasibility of Australian system,meanwhile,produce the way that this system is implemented concretely in China.By implementing the spirit of "harmonious labor relations",and sticking on the idea of “ consolidating the labour legislation,adjusting the internal dispute resolution system flexibly,and setting the external system as the shield”,the government should exert the superiority and unusual function of the tripartite consultation mechanism,and employers have to improve the democratic management system for a better dispute management within the enterprise.