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If you think that "justice" has anything to do with right or wrong or fairness you are sadly mistaken,
Justice is concerned only with enforcing the law and has little to do with the average person's concept of fairness.
Most employers treat their workforce fairly, however some Employers don't care about you, or your family.
Their business is about making money, they have no respect for the industrial relations and discrimination laws and nothing else matters other than them.
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Will it work? it depends on how efficient the new Fair Work Australia body is. It runs the risk like any other large government department of getting lost within itself.
The issue of cost is another, how much will it cost for a employee to take a unfair dismissal or industrial relations matter through the system, how much will the employer have to spend on defending the claims.
The notion that the new industrial relations system will be fairer, or what is really proposed is a simplified present Australian Industrial Relations Commission is going to be fairer to both the employer and the employee remains to be seen.
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Fair Work Australia ( FWA ) As of the 1st July 2009, we have an all embracing goverment department (FWA) that will manage all: Industrial relations matters (IR) unlawful dismissal claims, including some discrimination matters, redundancies, award matters, disputes, re established the national wage case.
Unfair dismissal Redundancy
The new legislation is also set to shake up the Award system of workplace entitlements. "There will continue to be awards, which will be called Modern Awards. At the moment there are thousands of awards and we anticipate the number will be greatly reduced. One change that is likely to have a major impact on small business and will doubtless cause a stir is parental leave. Under current laws, one parent is entitled to take up to 12 months of unpaid leave, provided he or she has worked for the employer for at least a year. Under the Fair Work Bill, both parents will be entitled to take a total of 12 months unpaid leave between them. This leave must be taken by the parents consecutively, except for the three weeks after the birth or adoption, when both parents may take leave. Alternatively, one parent can request to extend their leave by a further 12 months, taking a total of two years unpaid leave. The employer may only refuse the request of an eligible employee on reasonable business grounds. The employer must otherwise agree to the employee’s request. This obligation applies to all national system employers, including small businesses, and to same-sex couples." Overall, it looks like we’re in for some fundamental changes, which will no doubt have a significant bearing on small businesses and improve employees rightsWe will see as they unravel in the year to come. The Fair Work Act timeline 1 July 2009
The key to the system is have multi tiered process, whereby everybody gets a fair go, the trouble is the perception won't work. If the employer wins then the unions and workers say the system isn't fair. If the employee wins then employer groups and big business will be complaining and stating they will not employ people in future. ABSOLUTELY NOTHING ON THIS SITE CONSTITUTES LEGAL ADVICE. A WHOLE NEW APPROACH PTY LTD IS NOT A LAW FIRM AND WE ARE NOT SOLICITORS. Industrial Relations | Unfair Dismissals Melbourne | Mediation Services | Sexual Harassment |
The Government has introduced new industrial relations legislation titled the Fair Work Act, (FWA) which will replace the Work Choices legislation. It seems the Government has brought into place a more balanced system to create a safety net for workers in these troubled economic times. The major immediate change is to the unfair and unlawful dismissal laws. 
The new Fair Work Act proposes some major changes to unfair dismissal laws, always an interesting and contentious topic. Under the Work Choices legislation, small businesses were exempt from unfair dismissal claims, but employees can now make a claim under the new laws, in most circumstances, providing they have minimum service as set out below. 