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Stewart's Guide to Employment Law - Andrew Stewart

Stewart's Guide to Employment Law


Published: 17th February 2015
In Stock. Ships in 1-2 business days from Australia
RRP $84.95

FORTHCOMING NEW EDITION: SEMESTER 1, 2018 – contact academic@federationpress.com.au to register your interest. 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...



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    Published two years after the last edition this text covers the legislative changes and common law developments since then, including the Fair Work Commission’s power to deal with claims of workplace bullying. Whilst the text focuses on the fundamental concepts and principles of employment law it does go beyond that to some extent, looking at the reform agenda of the Abbott Government on issues such as parental leave, superannuation and changes to the building and construction industry to name but a few. The book is not bulked out with long quotations from legislation or by the reproduction of extended passages from judgments for every principle covered. That is not to say the relevant authorities for each principle are not cited but rather that the author communicates the concept as opposed to leaving it to the reader to decipher it from the source material. A broad array of topics ranging from Awards through to Workplace Safety are covered in the book and increases its appeal. Whilst wide ranging the text is not all encompassing. However, that is not the purpose of the book and the trade-offs made in this volume are well balanced ensuring it remains reader friendly but still of sufficient breadth to be a good general guide. Any reader wanting to consider an issue further will benefit from the selected readings at the end of each chapter. The book is most likely to be of benefit to those who need to be familiar with employment law, such as small businesses or someone employed in human recourses. That said, practitioners who are not familiar with this body of law will find it useful as a preliminary reference. The only criticism, albeit somewhat pedantic, this reviewer would make is that only the case name and year are cited in the chapters with the full reference not even footnoted. The inability to tell immediately from what jurisdiction a decision stems, without having to refer back to the case list at the front of the text, does on occasion necessitate some pause when reading. - Brendan Jones, Ethos, Law Society of the ACT, December 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
    Edition Type: Revised