Fair Work Act 2009

The Fair Work Act 2009 (Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. Replacing the Howard government's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission.

As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out the rights and responsibilities of parties to that employment.

The Act established a safety net consisting of a national set of employment standards, national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman, The Fair Work Divisions of the Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act.

The Act is the foundation of Australia's industrial relations legal framework, thought to be one of the most complex in the world.

The Howard government introduced WorkChoices in November 2005, these changes later credited a significant contributor to the defeat of the Coalition and installation of a Labor government committed to repealing the reforms. Joe Hockey, some days after his government lost power, described WorkChoices as "dead".

Introduced in 2008, the Act was explained as creating 'a national workplace relations system that is fair to working people, flexible for business and promotes productivity and economic growth'.

The then Minister for Employment and Workplace Relations, Julia Gillard was responsible for the Act's eventual implementation. Prior to taking office in 2007, Gillard had been responsible as party spokeswoman on industrial relations for negotiating with unions in drafting the Australian Labor Party's policy on industrial relations. This policy was formalised in April 2007 through Forward with Fairness, detailing 'Labor's plan for fairer and more productive Australian workplaces.

Gillard stated in a speech to the Australian Labor Law Association her ambition was to 'establish long-term stability in [the Australian industrial] relations system'. Beginning with the Industrial Relations Act 1988, the preceding two decades had been a prolonged period of repeated and substantial change to the Australian industrial landscape. The system following the passing of the Act was the first Australian labour law regime to last a full ten years in operation since the conciliation and arbitration model which characterised Australian industrial relations for much of the previous century.