Background:One of the big changes in Australia's employment relations system since the 1990s has been the role played by industrial tribunals. This assignment is asking you to Learn about these changes, by comparing the current role of the tribunals with what they did the "old days".

The FWC's website lists eleven (11) "powers and functions" given to the Commission by the Fair Work Act (see Week 4 Powerpoint slides, Part 2, slide 13 or go straight to the website: https://www.fwc.gov.au/about-us).

Below, I have grouped these 11 powers and functions into four categories:

1.Settling individual disputes:

dealing with unfair dismissal claims

dealing with anti-bullying claims

dealing with general protections and unlawful termination claims

2.Setting minimum standards:

setting the national minimum wage and minimum wages in modern awards

making, reviewing and varying modern awards

3.Settling collective disputes and/or regulating collective bargaining:

assisting the bargaining process for enterprise agreements

approving, varying and terminating enterprise agreements

making orders to stop or suspend industrial action

dealing with disputes brought to the Commission under the dispute resolution procedures of modern awards and enterprise agreements

determining applications for right of entry permits

4.Encouraging cooperation:

"promoting cooperative and productive workplace relations and preventing disputes."

Questions:Please answer the following questions:

1. List and briefly describe three ways in which the current role of industrial tribunals under the Fair Work Act differs compared to that under the labour law regime before the 1990s, referred to by Bray & Stewart (2013) as the 'arbitral model'.

2. Explain why the tribunal's role has changed. In other words, what were the causes of these changes?