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Stewart's Guide to Employment Law - Andrew Stewart

Stewart's Guide to Employment Law


Published: 17th February 2015
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RRP $84.95

This new edition explains the changes made by the Fair Work Amendment Act 2013, including the Fair Work Commission’s new power to deal with claims of workplace bullying. It details the Abbott Government’s reform agenda, covering important changes not just to the Fair Work Act, but to legislation on parental leave, superannuation, the recovery of employee entitlements, the building and construction industry, and registered organisations. It also highlights the potential for further changes from various inquiries that have been established, as well as the first four-yearly review of the modern award system. The text has been updated to incorporate new case law since the last edition, including important decisions by the High Court on whether there is an implied duty of ‘mutual trust and confidence’ in the employment relationship, whether employers can dismiss employees for ‘offensive’ conduct during otherwise lawful union activities, and the scope of an employer’s obligation to withhold pay from striking workers. Reference is also made to some controversial changes to State laws, particularly on the powers of industrial tribunals to set wages and conditions for public sector workers, and on the control of disruptive pickets and workplace protests. In the news...

Scope of anti-bullying orders broad but still unclear, OHSAlert, 10 April 2015 Read full article...

The book covers all the essential areas of Employment Law, including its proud history and development in Australia. If you don’t have this knowledge in your toolkit you will be disadvantaged from the outset. Andrew carefully tackles the complex area of law that is the difference between employees and independent contractors with plenty of references to the common law and its evolution from where it began, determining vicarious liability in the English courts. … it looks at the special types of employment, the creation and end of employment relationships, employment contracts, the NES, Awards, Enterprise Agreements, Dispute Resolution, Remuneration, Working Hours, Leave, Control, Performance Management, Discipline, Safety and Industrial Action. It examines implied duties of loyalty and confidentiality as well as the myriad of post-employment issues that arise from time to time. Lastly it covers the issues of discrimination, victimisation and the remedies for wrongful or unfair termination. Andrew really has covered all bases in this book which is easy to read and well structured. This is a book that should be on every practitioners shelf, whether you are new to field, looking for a good reference book to close a gap in an area you haven’t addressed for a while or to assist you in training your team. Read full review... - Theresa Moltoni, The IR Advocate, Industrial Relations Society of Qld, Sept-Oct 2015

Preface Table of Cases Table of Statutes Abbreviations

1. Employment Law: An Introduction The Purpose of Employment Laws Employment Regulation in Australia Sources of Employment Law Regulatory Bodies Getting Information about Employment Laws

2. 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

3. Who is an Employee? Why Employment Status Matters Distinguishing Employees from Contractors Avoiding or Disguising Employment The Tax System The Independent Contractors Legislation

4. Special Types of Employment Casual Employment Outworkers Agency Labour Trainees and Apprentices Public Sector Employment Voluntary Work

5. Creating an Employment Relationship Controls on Hiring Provision of Information Formation of Employment Contracts

6. The Terms of an Employment Contract Individual Contract Terms Effect of Awards, Agreements and Statutes Review of Unfair Work Contracts

7. 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

8. 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 Pre-Fair Work Act Agreements State Agreements Unregistered Collective Agreements

9. 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

10. 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

11. Working Hours and Leave Working Hours Public Holidays Annual Leave Personal Leave Parental Leave Long Service Leave Community Service Leave Other Forms of Leave

12. Control, Performance Management and Discipline The Employee’s Duties The Employer’s Duties Performance Management and Discipline

13. Loyalty, Confidentiality and Privacy Loyalty During the Employment Relationship Post-Employment Duties Post-Employment Restraints Protecting Whistleblowers Confidentiality and Privacy: The Employer’s Obligations

14. Discrimination and Victimisation Anti-Discrimination Laws The ‘General Protections’ under the Fair Work Act Other Protections Against Victimisation

15. Workplace Safety Work Health and Safety Laws Workers Compensation Common Law Liability for Workplace Injuries

16. 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

17. 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

18. Industrial Action Introduction The Position at Common Law Sanctions under the Fair Work Act Sanctions under Other Legislation Protected Action

Glossary Index

ISBN: 9781862879935
ISBN-10: 1862879931
Audience: General
Format: Paperback
Language: English
Number Of Pages: 496
Published: 17th February 2015
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 23.4 x 15.6
Weight (kg): 0.81
Edition Number: 5