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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.