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Aust Labour & Employment Law
This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.
The 10th National Labour History Conference, held at the University of Melbourne on 4-6 July 2007 centred around the broad theme of Labour Traditions, the conference offered papers, talks and forum discussions on a range of topics involving presentations from leading scholars, reflective activists and those who are still making our collective history, as they speak. John Faulkner, Robert Ray, John Cain and Wally Curran spoke at a forum on how the labour movement has conducted its internal debates over issues large and small. Terry Irving organised a session on Popular Movements for Democracy in Early Australia. Verity Burgmann assembled some very engaging speakers to commemorate the centenary of the founding of the IWW in Australia. Phillip Deery organised an impressive array of people to talk and argue about the Cold War. The blend of scholarly research and direct engagement in the field is reflected in the presentations on workplace health and safety by Yossi Berger, Ray Markey, Greg Patmore and Bill Shorten. In addition to sessions on these special topics, there were numerous informative and engaging presentations on individual subjects, ranging from Bobbie Oliver on apprenticeship systems to Paddy Garrity on trade unions and the arts. Here you will find the papers and abstracts from this conference. Julie Kimber, Peter Love and Phillip Deery (eds), Labour Traditions: Proceedings of the tenth national labour history conference, held at the University of Melbourne, ICT Building, Carlton, Victoria, Australia, 4–6 July 2007, Australian Society for the Study of Labour History –– Melbourne, 2007. ISBN: 978-0-9803883-1-2. pp. iii-224.
This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.
The purpose of this publication is to explore the impact of a federal state structure on labour law in selected legal systems that cut across the traditional divide of civil law and common law. Contributions included in this book range from Australia to Belgium, Canada, the United States of America, and the European Union. All have been selected because they offer unique perspectives on federalism and labour law. Some of the issues addressed in this book are very basic ones, in that they concern the core division of responsibilities between the different levels of decision making both generally and, more specifically, in matters of labour and employment regulation. Particularly interesting in this regard is the question as to whether there has been any evolution over time as for what is considered to be the most appropriate level for regulating labour matters. To avoid a purely descriptive survey, the contributors to the book were urged to critically reflect upon the desirability of the state of affairs in their respective legal systems. The net result makes for a fascinating collection of essays.
Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.
The traditional boundaries of labour law are becoming outmoded in a modern world in which active labour market participants vastly outnumber "employees", and the world of work extends way beyond the workplace gate. There is convergence with labour market regulation. The contract of employment remains central but is no longer the sole object of study Labour Law and Labour Market Regulation is a state of the art presentation of the latest Australian scholarship and research surrounding this seismic change. Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating. The latest theoretical thinking and empirical findings are gathered together in four parts: the varying purposes of regulation; the different institutions and technologies of regulation; the active role regulation plays in constituting labour markets; and, the regulation of the processes by which employment rights and obligations are determined. Individual chapters contain studies of regulation within prescriptive government schemes, contract networks, specialist labour markets, the intersection between work and family, enterprise policies and practices, and the courts and tribunals. For academics, the book provides much material to enliven and diversify their courses. It advocates fresh intellectual approaches which take account of international scholarship and, while mindful of the latest legislative changes, it adopts a long-range, multi-locational and pluralist view of Australian labour law. For practitioners, the book provides insights into areas that are,as arbitration declines, becoming increasingly important to their clients' interests. The most recent legislation and jurisprudence is discussed in many chapters including discrimination, dismissals, health and safety, immigration, social security, franchise, volunteer and contract law.
Renowned for its international coverage and rigorous selection procedures, this series provides the most comprehensive and scholarly bibliographic service available in the social sciences. Arranged by topic and indexed by author, subject and place-name, each bibliography lists and annotates the most important works published in its field during the year of 1997, including hard-to-locate journal articles. Each volume also includes a complete list of the periodicals consulted.