Australian Labour and Employment Law, 2nd edition has been extensively overhauled with more comprehensive analysis and interpretation of employment law and industrial relations in Australia.
Features
• The significant rulings in the High Court decisions of Jamsek and Personnel Contracting in 2022 on the legal status of employee versus contractor
• The legal status of gig workers
• Proposed reforms to ensure that 'employee -like' workers receive protection of the labour laws
• The contract of employment through court rulings on terms of the contract and implied terms
• The unfair dismissal jurisdiction and legislative changes on sexual harassment and unfair dismissal
• Changes to the minimum standards
• The new expanded right to request flexible work arrangements
• Collective bargaining and the changes brought about by the Secure Jobs Better Pay Act in 2022 and 2023
• New provisions about supported bargaining (operative June 2023)
• New approach to multi-enterprise bargaining
• Developments in the 'general protections' under the Fair Work Act
• Trade union law and controls on strikes
Related Titles
• Irving, The Contract of Employment, 2nd edition
• Donaghey & Goodwin, Termination of Employment, 3rd edition
• Catanzariti & Egan, Workplace Bullying, 2nd edition
• Hoctor & Tredwell, Workplace Investigations: Principles and Practice, 2nd edition
01 Perspectives on workplace law and approaches to legal regulation
02 Legal sources of the employment relationship
03 Institutions: Role and impact on work arrangements
Part Two - The Employment Relationship
04 The work relationship
05 The content of the contract of employment: Express and implied terms
06 Employer and employee duties in the employment contract and conditions of work
07 Contract termination and common law remedies
08 Unfair and discriminatory dismissals: Statutory framework
Part Three – The Collective Relationship, Awards and Enterprise agreements
09 The original “traditional” Australian industrial system
10 The national system of federal regulation: From conciliation and arbitration to contemporary enterprise bargaining
11 Minimum labour standards and protecting workers: Awards, legislation, and enforcement
12 Collective agreement making
13 Individual and flexible workplace arrangements in the collective context
14 The bargaining process and the statutory right to strike
Part Four –Trade Unions, Collective Action and International Standards and Protecting Workplace Rights
15 Protection of workplace rights and freedom of association under federal law
16 Trade unions and the law
17 The right to strike and international standards: Concepts and challenges
18 Common law and statutory controls over industrial action
Marilyn Pittard is Professor of Law and Interim Dean in the Faculty of Law, Monash University. She is an expert on employment and labour law and has written extensively in the area. She has responsibility for labour and employment law specialisations in both the undergraduate and postgraduate law programmes. An active member of the Australian Labour Law Association since its inception, Professor Pittard served as its President from 2017 to 2021. Admitted to legal practice, she was consultant to a national law firm for many years. She is general editor of the Employment Law Bulletin and a founding member of the Australian Journal of Labour Law’s editorial board.
Bruce Moore has specialised for many years in employment and labour law, both in private practice, including as a national law firm partner (of now King & Wood Mallesons), and chief legal counsel in the not-for-profit sector. His diverse legal work includes experience as a sessional lecturer in both employment law and contract law in the Faulty of Law at Monash University, as well as presenting numerous conference papers. He is currently a Consultant to the Employment and Workplace Advisory team at law firm Arnold Bloch Leibler. He was named General Counsel of the Year in the 2018 Australian Law Awards.
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