WorkChoices ... A simpler, fairer, national Workplace Relations System for Australia |
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PROTECTED BY LAW:
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Employees can't be forced to change their existing agreements.
WorkChoices is a new, national workplace relations system that will provide more choice and flexibility for employees in the workplace. The system will offer better ways to reward effort, increase wages and balance work and family life. For more information on WorkChoices, read the following information or download the relevant fact sheets or call the WorkChoices Infoline on 1300 363 264.
Some useful links: ...
WorkChoices fact sheets >>
WorkChoices Related Links >>
ADRAS Operational Arrangements >> (File size: 88.5Kb)
ADRAS Application Form >> (File size: 112Kb)
ADRAS Information Brochure >> (File size: 70.1Kb)
Alternative Dispute Resolution Assistance Scheme (ADRAS)
Under WorkChoices, employers and employees now have a choice between referring certain disputes to a private alternative dispute resolution (ADR) provider or the Australian Industrial Relations Commission (AIRC) for assistance. To provide genuine choice in dispute resolution, the Australian Government has established the Alternative Dispute Resolution Assistance Scheme (ADRAS), which enables employers and employees to eligible disputes to receive Government assistance for ADR services .
ADRAS is administered by the Department of Employment and Workplace Relations (DEWR) in accordance with the ADRAS Operational Arrangements. The ADRAS Operational Arrangements set out the Scheme's eligibility requirements and assistance limits.
Under the Scheme, eligible parties to a dispute will be able to access up to $1,500 (inclusive of GST) of ADR services per eligible dispute. Additionally, up to $500 (inclusive of GST) will be available to meet reasonable travel expenses where an ADR provider is required to travel to assist parties located in regional or remote areas. Any fees or costs in excess of these amounts will need to be paid by the parties to the dispute.
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What is ADR?
ADR refers to any way in which an impartial person (an ADR provider) assists parties in a dispute to resolve the matters between them.
The Scheme does not impose limits on the type of ADR that can be used to resolve a dispute. There are many types of ADR, providing parties with a wide range of choices for dispute resolution.
The following outlines a number of the common types of ADR:
- conferencing;
- mediation;
- assisted negotiation;
- neutral evaluation;
- case appraisal;
- conciliation; and
- arbitration.
- cost and time savings, as parties don't have to take initial steps involved in going to court;
- conducted in private and decision is confidential;
- convenience, as conducted at short notice at a time that suits parties;
- less formal, so parties have flexibility to customise processes;
- sustains relationships between parties, as parties gain greater understanding of other parties issues;
- suitable for multi-party disputes, as all parties can be heard through the one process; and
- generates more creative solutions, allowing solutions to be suited to the situation.
Eligibility
You and the other parties to the dispute may be eligible for assistance under ADRAS if you:1. are an employer or employee covered by the Workplace Relations Act 1996;
2. have an eligible dispute, being a dispute:
a. about:
- entitlements (excluding wages) under the Australian Fair Pay and Conditions Standard;
- the application of an award that is binding on the parties to the dispute;
- the terms of a workplace agreement that is binding on the parties to the dispute (provided the agreement contemplates the use of a private ADR provider);
- the application of a workplace determination that is binding on the parties to the dispute;
- legislated minimum entitlements to parental leave, meal breaks and public holidays;
- the terms of a preserved state agreement that is binding on the parties to the dispute; or
- the terms of notional agreement preserving a state award that is binding on the parties to the dispute
b. arising during negotiations for a collective agreement involving all parties to the dispute;
c. where the Australian Industrial Relations Commission (AIRC) has suspended a bargaining period to provide
a 'cooling off' period, or because industrial action is threatening to cause significant harm to a third party;
d. where the AIRC or the Minister has terminated a bargaining period because industrial action is threatening,
or would threaten to:
e. endanger the life, the personal safety or health, or the welfare, of the population or of part of it, or
f. cause significant damage to the Australian economy or an important part of it.
3. have genuinely attempted to solve your dispute at the workplace level;
4. have each agreed to use the private ADR process; and
5. have not received previous Government assistance under ADRAS for the same dispute.
Assistance is not available for disputes:
• relating to unfair dismissal, unlawful termination, matters concerning trade union right of entry, protected industrial action which has been terminated in the public interest; and unprotected industrial action.
• where the AIRC has previously handed down a binding decision in relation to the matter in dispute; or
• where you are covered by a workplace agreement and this agreement does not contemplate the use of an ADR provider.
The application process
To apply for assistance under the Scheme, you will need to complete an ADRAS Application Form.If you are eligible, the department will send you an approval voucher letter, confirming your eligibility to receive assistance under the Scheme. A list of professional organisations will be attached to this letter. You must contact a professional organisation* from this list to source an ADR provider.
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IAMA MEDIATOR
Denis McCarthy
Cert. in Mediation & Conciliation Ph: 1800 999 800
Mobile: 0404 020242 Fax: (08) 9430 4305 www.int-a1.com/dm/adras  |
* The Insititute of Arbitrators & Mediators Australia - IAMA - is Australia's leading ADR organisation
since 1975. IAMA mediators have high standards and are subject to an on-going evaluation of their skills.
You and the other eligible parties to the dispute must agree on an ADR provider who will conduct the ADR process and then complete and return the ADR Provider Agreement Form, attached to your voucher letter.
ADR providers will only be able to provide services under the Scheme if they have accepted the terms and conditions of participating in the Scheme, and they are a member of one of the professional organisations on the list supplied with the approval letter.
At the completion of your dispute resolution process, the ADR provider will remit the invoice to the Department directly for services rendered up to $1,500 (inclusive of GST). Where applicable, the ADR provider will include a claim for up to $500 (inclusive of GST) reasonable travel expenses. You and the other parties to the dispute will be responsible for the payment of any costs that exceed the caps and any excess costs will be recovered directly by the ADR provider.
Further information can be found in the ADRAS Information Brochure or obtained by contacting us in one of the following ways:
For more information:
| Phone: 1300 363 264 Fax: (02) 6121 6478 Email: ADRAS@dewr.gov.au |
Mail: Alternative Dispute Resolution Assistance Scheme Department of Employment and Workplace Relations GPO Box 9879 Canberra ACT 2601 |
WorkChoices fact sheets >>
WorkChoices Related Links >>
ADRAS Operational Arrangements >> (File size: 88.5Kb)
ADRAS Application Form >> (File size: 112Kb)
ADRAS Information Brochure >> (File size: 70.1Kb)
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