Workplace Dispute Resolution Under the Fair Work Act: Is There a Role for Private Alternative Dispute Resolution Providers?

The Work Choices laws positively encouraged employers and employees to use private alternative dispute resolution (ADR) providers to assist in the resolution of workplace grievances. The Fair Work Act 2009 (Cth) leaves room for private providers, although without the same robust encouragement of Work Choices. This article reflects upon the advantages and disadvantages of private mediation for workplace rights disputes, and proposes some measures that regulators should consider implementing to ensure that the privatisation of workplace dispute resolution does not compromise the recognition of important workplace rights.