Conciliation and Arbitration &ADR

1) What do understand by ‘conciliation’ as it developed in the Australian industrial relations system over the past century? What were its major strengths and failings?

2) Given that the conciliation and arbitration system was something of a precursor to      alternative dispute resolution (ADR), why isn’t ADR used more frequently in the industrial relations system?

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3) What do we mean by the difference between ‘interests’ and ‘rights’ disputes? How does a discussion of these help us understand the      influence of ADR in resolving disputes?

4) Explain the nature of the dispute settling procedure under the Fair Work Act for a dispute             about a matter covered by an enterprise bargaining agreement. Assess its effectiveness.

5)Discuss the Fair Work Commission’s arbitration power under the Fair Work Act? How important is it?

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