Fair Work Act 2009

The Fair Work Act 2009 (FWA) intended that the dominant form of rule-making would be enterprise bargaining, with Modern Awards serving as a safety net. The decline in the number of employees and employers covered by enterprise agreements suggests that the Modern Award system has become the dominant form of rule-making. Discuss both (a) the deficiencies in Australia’s agreement-making system and (b) potential reforms to the Fair Work Act 2009 (WA) that could make bargaining of some kind the dominant form of rule-making.