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Stewart's Guide to Employment Law 5th Edition

Stewart's Guide to Employment Law 5th Edition

Author: Andrew Stewart
Publisher: The Federation Press
ISBN: 9781862879935

Previous Edition ISBN: 9781862879119
Published In: February 2015
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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