Labour Law

4th edition

By Breen Creighton and Andrew Stewart

This leading text provides a valuable guide to the complex network of laws that regulate our workplaces. As with previous editions, it offers an authoritative analysis of key principles and policy issues, backed by extensive reference to other writings in the field.

In charting the continuing development of Australian labour law, this edition takes account of the many changes to Federal and State legislation since the previous edition, as well as the more significant court decisions during this period.

Features include new or expanded sections on the regulation of bargaining tactics, dispute resolution under certified agreements, monitoring and privacy at the workplace, securing employee entitlements, and protection for whistleblowers. New chapters have also been created to break up the treatment of agreement-making, and of termination of employment, so as to make those parts of the book more accessible.

The Role of Law in Labour Relations

Introduction/Assumptions and Values/The Individual/Employment Relationship/Regulation of Industrial Conflict/Moderating the Market: Legislated Standards/Compliance and Enforcement/Structure and Scope of This Book

The Evolution of Australian Labour Law

British Foundations/Reception of British Law in Australia/Compulsory Conciliation and Arbitration/Reforming Federal Regulation

International Standards and Australian Labour Law

Introduction /The ILO/Australia and the ILO

The Constitutional Framework

The Industrial Power/Other Heads of Constitutional Power/Limitations on Commonwealth Legislative Power/Boilermakers and the Separation of Powers/Inconsistency of Federal and State Laws/The Prospects for Change

Institutional Structures and Arrangements

Federal Institutions/State Institutions/State/Federal Co-operation/Participants

Dispute Resolution and Award Regulation

Introduction/Dispute Resolution and Procedure in the Federal Commission/Federal Awards/State Systems

Agreement-Making

Unregistered Agreements/Agreement-Making in the Federal System: History and Overview/The State Systems

Certified Agreements

Nature and Scope of Certified Agreements/The Bargaining Process/Certification/Effect of a Certified Agreement/Variation, Extension, Revocation and Termination/Disputes Arising Under Certified Agreements

Australian Workplace Agreements

Nature of AWAs/Content/Making an AWA/Approval/Effect of AWAs/Variation, Extension and Termination/AWAs in Context

Enforcement of Federal Awards and Agreements

Awards and Orders/Certified Agreements/Australian Workplace Agreements

The Creation and Categorisation of Employment Relationships

Significance of Categorising Work Relationships/Formation of Employment Contracts/Who is the Employer?/Identifying a Contract of Employment/Special Categories of Employment/Controls on Hiring

Sources of Employment Obligations

Contractual Agreement/Awards/Registered Agreements/Unregistered Collective Agreements/Legislation/The Common Law of Employment

Individual Rights and Obligations

Remuneration/Hours of Work/Leave/Superannuation/Other Employee Duties/The Employer’s Duty of Reasonable Treatment/Remedies for Breach of Employment Obligations

Unfair Employment Practices

Misleading, Deceptive or Unconscionable Conduct/Unfair Contracts/Discrimination in Employment/Industrial Victimisation/Protection for Whistleblowers/Privacy at the Workplace

Termination of Employment Contracts

Introduction/Duration of Employment/Termination by Notice/Summary Termination/Just Cause and Procedural Fairness/Termination by Operation of Law/Termination by Agreement or Abandonment/Redundancy Entitlements/Particular Situations

Remedies for Wrongful or Unfair Termination

Wrongful Termination By Employees/Wrongful Dismissal: Common Law Remedies/Unfair Dismissal: History and Development of Statutory Remedies/The Federal System in Outline/The State Systems in Outline/Some Common Issues/ Remedies for Public Sector Workers/Other Laws on Termination

Regulation of Trade Unions

Introduction/Legal Status of Unions/Registration/Union Structure/Rules and Internal Affairs/Union Security and Freedom of Association

Sanctions Against Industrial Action

Introduction/Sanctions Under Industrial Legislation/Criminal Liability for Industrial Action/Protection of Essential Services/Industrial Action and the Individual Worker/Tort Liability/Statutory Protection Against Tort Liability/Boycotts/Reform

Occupational Health and Safety

The Issue/Prevention – The Traditional Approach/Prevention – The Robens Reforms/Compensation/Rehabilitation/National Uniformity/Occupational Health and Safety and Industrial Relations

REVIEWS

This is a unique and comprehensive review of industrial relations in Australia to date. The chapters with practical application are welcome as is the consideration given to other topical issues such as securioty of employee entitlements. It is well worth updating your personal or institutional library to include the fourth edition of Labour Law.

Journal of Industrial Relations, Vol 47(4), December 2005

The latest edition of Labour Law provides a thorough overview of Australia’s industrial system as well as examining a number of contemporary issues relating to the world of work. This edition provides a useful overview of recent developments relating to protection of employee entitlements in the case of corporate insolvency, the type of matters that can now be included in enterprise bargaining agreements, a more detailed discussion of the intricacies associated with the bargaining process itself as well as emerging statutory remedies for unfair employment practices. …

Labour Law remains an enormously valuable tool that provides a clear analysis of Australia’s industrial system as well as providing information on the emerging trends and challenges in regulating the modern day employment relationship.

Worksite, May 2005

This edition makes significant modifications to the 2000 edition to take fuller account of of the issues arising from the changing industrial relations environment and the growing importance of enterprise bargaining and AWAs. ..[T]he book also looks ahead to the likely changes arising from the foreshadowed workplace reforms. …

The authors are unduly modest in their claims. … [Provide an overview and general background, a concise but sophisticated account of the major legal principles, commentary and references] they certainly do and more, with great clarity and in language intelligible to the lay person. The arrangement of the subject matter in each chapter adds to the ease of its comprehension, while the treatment of the historical and contemporary context gives life to the law. The authors do not impose their values on the reader on many controversial issues but leave the reader with ample material to form their own judgment one way or another. This edition more than its predecessor will be an invaluable source as a text or reference not only to law students but also to practitioners and those studying industrial relations who lack a legal background. Welcome to the Fourth Edition…

Labour & Industry, Vol 16(3), April-May 2006

SUPPLEMENTS

ADDITIONAL UPDATES TO 4TH EDITION

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Published 17 February 2005
Publisher The Federation Press
Paperback/784pp
ISBN 9781862875432
Australian RRP $85.00
Direct Price $80.00
International Price $80.00
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Law - Industrial & Employment