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Stewart's Guide to Employment Law : 4th Edition - Andrew Stewart

Stewart's Guide to Employment Law

4th Edition


Published: 28th March 2013
Ships: 7 to 10 business days
7 to 10 business days

This new edition includes extensive references to the outcomes of the 2012 Fair Work Act Review. It details changes already made by the Fair Work Amendment Act 2012 (including the renaming of Fair Work Australia as the Fair Work Commission) and explains further reforms proposed by the Review that may be introduced in 2013. It also deals with important developments such as the introduction of the model Work Health and Safety regime; legislative changes on employee entitlements, superannuation, parental leave pay and workplace gender equality; new forms of regulation for the building, road transport and clothing industries; and the proposal for a new federal Human Rights and Anti-Discrimination Act. As always, the text has been updated to incorporate a raft of new case law on matters such as the formation and performance of employment contracts, the variation of modern awards, enterprise bargaining, unfair dismissal and the ‘general protections’ against wrongful treatment at work. This includes the High Court’s ruling in Board of Bendigo TAFE v Barclay about the burden of proof in adverse action claims, and the various cases flowing from the 2011 Qantas industrial dispute. A new section has also been added on the status of internships and other forms of work experience.

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 Development of Minimum Standards The National Employment Standards The Modernisation of the Award System Modern Awards under the Fair Work Act State Awards Enterprise Agreements Options under the Federal System Making an Enterprise Agreement Regulating the Bargaining Process Content of Agreements Variation and Termination Effect of Enterprise Agreements Transitional Arrangements for Old Agreements State Agreements Unregistered Collective Agreements Dispute Resolution and Enforcement of Employment Laws 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 Work 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 Glossary Index

ISBN: 9781862879119
ISBN-10: 1862879117
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 464
Published: 28th March 2013
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 23.4 x 15.6  x 3.7
Weight (kg): 0.34
Edition Number: 4