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The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia's complex system of labour regulation.The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.A particular feature is the coverage of the Productivity Commission's 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission's changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of 'regulation' in general, and labour regulation in particular.Creighton & Stewart's Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.
ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.
This seminal textbook on the practical application of Australian discrimination law is suitable for all involved in this branch of the law – lawyers, business people, human resources and industrial relations staff, advocates and students. Discrimination Law and Practice examines important recent cases in key areas of discrimination law and particularly in all aspects of employment and harassment, the provision of goods and services and education.
Provides a fresh, topical and accessible account of the Australian law of contract.
The authors' goal in this new, second edition was to update & enhance the materials. At the same time, however, they used a general presumption against change & retained as many of the cases & as much of the structure of the book as possible, both for substantive reasons & to ease the transition for teachers. Casebook & Statutory Companion each also available electronically
This groundbreaking book examines the growing phenomenon of internships and the policy issues they raise, during a time when internships or traineeships have become an important way of transitioning from education into paid work.
Industrial relations is critically important for economic performance as well as the social cohesion of a nation. In Australia, industrial relations has been subject to numerous reforms by both Labor and Liberal-National Party Coalition governments during recent decades.This book critically analyses recent changes in work and employment relations and their policy implications for Australia. Scholarly essays by prominent experts in the field examine the lessons that can be learned from previous attempts to reform industrial relations by governments with different political agendas and challenges which may lie ahead.Some of the key questions addressed in this book include:What can be learned from past attempts to reform the industrial relations system?What have been the impacts of recent legislative reforms from the Howard government's 'WorkChoices' to the Rudd/Gillard government's 'Fair Work Australia' and the recent Abbott/Turnbull government's policies on industrial relations?How does politics influence proposals for industrial relations reform?What reforms are required in relation to women, work and family issues?How should collective bargaining and dispute settlement systems be reformed?How have wages and productivity been affected by reforms of the industrial relations system?What are the key issues facing Australia in relation to immigration and workforce skills?The book is based on a symposium which celebrated the outstanding contributions of Professor Joe Isaac to scholarship and the practice of industrial relations in Australia and at the international level for more than seven decades.In the media...What has happened to collective bargaining since the end of WorkChoices?, The Conversation, 2 May 2016 Read article...
Andrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983. They show what was being argued and why it was being argued, as well as what was decided and the implications for Australia’s future. They include key passages of the majority judgment, and from the dissents of Justices Kirby and Callinan. Is this “a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State laws†(Justice Kirby)? Might it reduce State Parliaments to “impotent debating societies†(Justice Callinan)?