Private arbitrations; their role in the fair work world

“The Power to make Orders in Private ArbitrationsIn the extract of the High Court decision in CFMEU v AIRC above it is made clear that the exercise of judicial power results in an order that is binding of its own force. So too is an order made under the Act pursuant to a specific power […]

The concept of arbitration in unfair dismissals explained

The Fair Work Commission is not a court. It is an administrative body or an arbitral body. It is exists not to declare the law but to make law, thus in the exercise of its arbitral or arbitration functions it creates rights not declares what they are. This is a trick subject and I can […]