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Vol 21 No 11 Nov/Dec 2016

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Stewart's Guide to Employment Law 5th ed

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ISBN13: 9781862879935
Previous Edition ISBN: 9781862879119
Published: February 2015
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £40.99



Usually despatched in 1 to 3 weeks.

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.

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Subjects:
Other Jurisdictions , Australia
Contents:
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