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Stewart's Guide to Employment Law
2nd edition
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Stewart's Guide to Employment Law 2nd edition builds on the 1st edition. It explains the way in which employment relationships are regulated — how employment laws are made, whom they affect, what duties they impose, and how those duties can be enforced.
This new 2nd edition explains the Rudd Government's new Fair Work Act, which took effect on 1 July 2009. Subjects that are featured include the new National Employment Standards, the modern award system, the requirements of good faith bargaining, the role and functions of Fair Work Australia and the new unfair dismissal system.
Written by one of Australia’s leading authorities, it offers clear, concise and topical analysis of this complex area of law. The book is designed to meet the needs of students, teachers and practitioners in the fields of industrial relations and human resources. Lawyers and labour law students will also find it a valuable introduction to the field.
CONTENTS
Employment Law: An Introduction
The Purpose of Employment Laws
Employment Regulation in Australia
Sources of Employment Law
Regulatory Bodies
Getting Information about Employment Laws
The Development and Coverage of Employment Laws in Australia
Development of Australian Employment Laws
The Work Choices Reforms
The Fair Work Legislation
The Scope of the ‘National’ System
Application of State and Territory Laws
Who is an Employee?
Why Employment Status Matters
Distinguishing Employees from Contractors
Avoiding or Disguising Employment
The Tax System
The Independent Contractors Legislation
Special Types of Employment
Casual Employment
Outworkers
Agency Labour
Trainees and Apprentices
Public Sector Employment
Voluntary Work
Creating an Employment Relationship
Controls on Hiring
Provision of Information
Formation of Employment Contracts
The Terms of an Employment Contract
Individual Contract Terms
Effect of Awards, Agreements and Statutes
Review of Unfair Work Contracts
Minimum Standards: The NES and Awards
The Development of Minimum Standards
The National Employment Standards (NES)
The ‘Modern Award’ System
Transitional Arangements for Old Awards
State Awards
Enterprise Agreements
Options under the Federal System
Making an Enterprise Agreement
Content of Enterprise Agreements
Variation and Termination
Effect of Enterprise Agreements
Transitional Arangements for Old Agreements
State Agreements
Unregistered Collective Agreements
Dispute Resolution and Enforcement of Employment Conditions
Introduction
Dispute Resolution in the Federal System
Compliance and Enforcement under the Federal System
The State Systems
Enforcing the Employment Contract
Insolvency and Employee Entitlements
Remuneration
Types of Remuneration
Wage Fixation
Minimum Wages for National System Employees
Minimum Wages for Other Workers
Pay Equity
Earning Remuneration
Payment of Wages
Superannuation
Working Hours and Leave
Working Hours
Public Holidays
Annual Leave
Personal Leave
Parental Leave
Long Service Leave
Community Service Leave
Other Forms of Leave
Control, Performance Management and Discipline
The Employee’s Duties
The Employer’s Duties
Performance Management and Discipline
Loyalty, Confidentiality and Privacy
Loyalty During the Employment Relationship
Post-Employment Duties
Post-Employment Restraints
Protecting Whistleblowers
Confidentiality and Privacy: The Employer’s Obligations
Discrimination and Victimisation
Anti-Discrimination Laws
The "General Protections' under the Fair Work Act
Other Protections Against Victimisation
Workplace Safety
Occupational Health and Safety Laws
Workers Compensation
Common Law Liability for Workplace Injuries
Termination of Employment Contracts
Introduction
Duration and Expiry of Employment Contracts
Termination on Notice
Summary Termination
Constraints on Unilateral Termination
Termination by Agreement
Termination by Operation of Law
Entitlements on Termination
Redundancy
Effect of Insolvency on Employment Contracts
Transfer of Employment
Remedies for Wrongful or Unfair Termination
Remedies for Employers
Remedies for Employees
Common Law Actions for Wrongful Dismissal
Evolution of Unfair Dismissal Laws
Unfair Dismissal Claims under the Fair Work Act
Unlawful Termination
State Unfair Dismissal Laws
Other Remedies
Industrial Action
Introduction
The Position at Common Law
Sanctions under the Fair Work Act
Sanctions under Other Legislation
Protected Action
Index
REVIEWS
What is remarkable about Professor Stewart's style is that, as with the first edition, he manages to cover so much so well, while keeping the reader engaged yet still retaining a manageable length. Practitioners and students seeking a high-quality introduction to this still complex area of Australian law, and a good working knowledge of the recent federal government changes, will find this second edition invaluable.
Karen Wheelwright, Law Institute Journal of Victoria, November 2009
SUPPLEMENTS
Extending the Fair Work Act: The New National System - February 2010
PDF FILES
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Published 28 July 2009
Publisher The Federation Press
Paperback/382pp
ISBN 9781862877498
Australian RRP $64.95
Direct Price $60.00
International Price $60.00
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Available
Law - Industrial & Employment
Industrial Relations / EEO
Management & Human Resources
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