Dunlop’s system theory with Fair Work Act 2009

The system theory of John Dunlop is one of the traditional perspectives on the employment relationship. He trusts that if stakeholders bound together over a settled ‘web of rules’ can be seen as a distinct system in industrial relation. According to Dunlop (cited in Teicher, Holland & Gough 2006, p.34), he explains “The establishment and administration of these rules is the major concern or output of the industrial relation sub system of industrial society...”. His system theory provides the knowledge, process and practices to the employment relationship. The structure of Dunlop’s system theory which mainly contain four elements, 1) The Actors in a system, 2) The
For instance, section 88 references the condition of taking a paid annual leave, it states the requestion of the paid annual leave should be informed to the employer and have been accepted by the employer. On the other hand, the employer cannot refuse of the employee’s requestion by unreasonable excuse (FWA 2009, section 88). This specify substantive rule govern the relationship between employer and the worker in the labour contract. In addition, division 12 under NES which is substantive rules aims to provide Fair Work Statement that contains the information of safety net, union rights of entry, the role of the FWC and the Fair Work Ombudsman to the new employee to reference the right and obligations of employers and the workers.
Modern awards
Modern awards are one of the sections of safety net to complement NES and it includes 10 additional minimum employment standards under NES, made to order particular industries or occupations (FWA 2009). In Modern awards, it is a procedural rules and it can be explain in section 134 of FWC (2009) is one of the examples, FWA (2009, section 134) outlines the object of modern awards: “to ensure a simple, easy to understand, stable and sustainable modern award system for Australia…” . It is a provision that giving the direction of the means, and it can be one of the evidence that why it is a procedural rules. FWA (2009, Part 2-3, Division 3) identifies four subdivision of terms of modern awards