Creighton & Stewart’s Labour Law
The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia’s complex system of labour regulation.
The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.
A particular feature is the coverage of the Productivity Commission’s 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission’s changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.
The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.
As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of ‘regulation’ in general, and labour regulation in particular.
Creighton & Stewart’s Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.
Table of Cases
Table of Statutes
Part 1 – General Concepts
Labour Law: A Regulatory Perspective
The Evolution of Australian Labour Law
International Standards and Australian Labour Law
Part 2 – Coverage and Institutions
The Constitutional Framework
The Scope of the Federal System
Institutions and Participants
Part 3 – Work Relationships
Categorising Work Relationships
Creating an Employment Contract
Special Types of Work
Part 4 – Employment Conditions
Sources of Employment Obligations
The National Employment Standards
Working Time and Leave
Performance and Control
Work Health and Safety
Enforcement of Employment Obligations
Employment Discrimination and the General Protections
Other Unfair Work Practices
Part 5 – Termination of Employment
Termination of Employment
Remedies for Wrongful or Unfair Termination
Part 6 – Collective Bargaining and Industrial Action
Trade Unions and the Right to Organise
Collective Bargaining under the Fair Work Act
Protected Industrial Action
Industrial Regulation in the Building and Construction Industry