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Stewart's Guide to Employment Law 6th Edition

Stewart's Guide to Employment Law 6th Edition

Author: Andrew Stewart
Publisher: The Federation Press
ISBN: 9781760021542

Previous Edition ISBN: 9781862879935
Published In: February 2018
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 784.00

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Description
Contents

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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.

Key Features of the New Edition

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.

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

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