The previous chapter examined Australia's work and industrial relations policy legacy. The making of Australia's first national policy established features, such as the award system and a central role for industrial tribunals, that have led to current policy debates and developments. This chapter examines the current framework for regulating work and industrial relations in Australia, the Fair Work Act 2009. It builds on the context provided in Chapter 3 that explained the conditions that gave rise to this legislation. The chapter first examines the Act's main objectives and key features before exploring the reactions of key stakeholders. It then discusses the key policy developments (and at times stasis) in the years following its implementation, particularly during the COVID-19 pandemic and recession. Finally, the chapter examines amendments to the Fair Work Act since 2022 with the ‘Secure Jobs, Better Pay’ and ‘Closing Loopholes’ legislation and their likely implications. Throughout, we emphasize the way policy makers read labour market and workplace problems and existing policies, often framed in terms of efficiency, equity and voice.

The Fair Work Act: key features and policy goals

The Australian Labor Party won the federal election in November 2007, pledging to reverse the Liberal– National Coalition government's WorkChoices legislation. In fulfilling that promise, the Labor government under Prime Minister Kevin Rudd implemented the Fair Work Act 2009, which still underpins Australia's policy framework. The stated objectives of this Act were, as the name makes clear, to restore the principle of equity (fairness), and, as the detail suggested, to privilege voice (through good faith bargaining).