Workplace Justice and the Design of Dispute Resolution Clauses

Abstract

Since decentralisation of bargaining occurred in the Australian industrial relations system, dispute resolution clauses have been installed as a mandatory inclusion in awards and agreements. This article examines the development of workplace dispute resolution in Australia and argues that workplaces have an opportunity to develop dispute resolution clauses which specifically meet the workplace justice targets of procedural, distributive and interactional fairness. Four internal dispute resolution techniques are examined: the open-door policy, peer review, internal ombudsman and the consultative committee. It is argued that customised dispute resolution clauses together with the requisite training, can deliver workplace justice and cut the costs of dispute resolution.