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Stewart's Guide to Employment Law : 6th Edition - Andrew Stewart

Stewart's Guide to Employment Law

6th Edition

Paperback Published: 22nd February 2018
ISBN: 9781760021542
Number Of Pages: 544

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Stewart’s Guide to Employment Law is renowned for its succinct and accessible coverage of this complex area of the law. The author’s unique expertise and experience make this a high-quality book with a clear and cohesive style. This is a highly regarded, dependable choice of book for anyone needing an introduction to employment law.

Book faetures:

  • This new edition explains the various amendments made to the Fair Work Act under the Turnbull Government, in relation to matters such as enterprise bargaining, industrial action and the enforcement of employment entitlements.
  • It highlights important changes to the regulation of workplace relations in the building and construction industry.
  • Covers the many variations made by the Fair Work Commission in the course of its first (and last) four-yearly review of modern awards.
  • Those variations include significant alterations to penalty rates in certain industries, as well as provisions on casual and part-time employment, payment of wages and the taking of annual leave.
  • The text has been updated to incorporate other new case law since the last edition, including important decisions on the making and termination of enterprise agreements, adverse action and termination of employment.
  • Reference is also made to various changes to State laws, particularly in Queensland, where the State industrial system was revamped in 2016.

Industry Reviews

Reviews of previous editions:

Table of Cases
Table of Statutes

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
Homeworkers and 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
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

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
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
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
The Position at Common Law
Sanctions under the Fair Work Act
Sanctions under Other Legislation
Protected Action

Glossary of Terms


ISBN: 9781760021542
ISBN-10: 1760021547
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 544
Published: 22nd February 2018
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 23.5 x 15.9
Weight (kg): 1.7
Edition Number: 6
Edition Type: New edition

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