* Australian Labour and Employment Law 2nd ed

Australia Title

Australian Labour and Employment Law, 2nd edition has been extensively overhauled with more comprehensive analysis and interpretation of employment law and industrial relations in Australia.

Features

• The significant rulings in the High Court decisions of Jamsek and Personnel Contracting in 2022 on the legal status of employee versus contractor
• The legal status of gig workers
• Proposed reforms to ensure that 'employee -like' workers receive protection of the labour laws
• The contract of employment through court rulings on terms of the contract and implied terms
• The unfair dismissal jurisdiction and legislative changes on sexual harassment and unfair dismissal
• Changes to the minimum standards
• The new expanded right to request flexible work arrangements
• Collective bargaining and the changes brought about by the Secure Jobs Better Pay Act in 2022 and 2023
• New provisions about supported bargaining (operative June 2023)
• New approach to multi-enterprise bargaining
• Developments in the 'general protections' under the Fair Work Act
• Trade union law and controls on strikes

table of content

• Part One - Themes and Perspectives
• 01 Perspectives on workplace law and approaches to legal regulation
• 02 Legal sources of the employment relationship
• 03 Institutions: Role and impact on work arrangements

• Part Two - The Employment Relationship
• 04 The work relationship
• 05 The content of the contract of employment: Express and implied terms
• 06 Employer and employee duties in the employment contract and conditions of work
• 07 Contract termination and common law remedies
• 08 Unfair and discriminatory dismissals: Statutory framework

• Part Three – The Collective Relationship, Awards and Enterprise agreements
• 09 The original “traditional” Australian industrial system
• 10 The national system of federal regulation: From conciliation and arbitration to contemporary enterprise bargaining
• 11 Minimum labour standards and protecting workers: Awards, legislation, and enforcement
• 12 Collective agreement making
• 13 Individual and flexible workplace arrangements in the collective context
• 14 The bargaining process and the statutory right to strike

Part Four –Trade Unions, Collective Action and International Standards and Protecting Workplace Rights 15 Protection of workplace rights and freedom of association under federal law 16 Trade unions and the law 17 The right to strike and international standards: Concepts and challenges 18 Common law and statutory controls over industrial action