Stewart's Guide to Employment Law: 4th Edition, 1st Edition (Paperback) book cover

Stewart's Guide to Employment Law

4th Edition, 1st Edition

By Andrew Stuart

Federation Press

464 pages

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This new edition includes extensive references to the outcomes of the 2012 Fair Work Act Review. It details changes already made by the Fair Work Amendment Act 2012 (including the renaming of Fair Work Australia as the Fair Work Commission) and explains further reforms proposed by the Review that may be introduced in 2013.

It also deals with important developments such as the introduction of the model Work Health and Safety regime; legislative changes on employee entitlements, superannuation, parental leave pay and workplace gender equality; new forms of regulation for the building, road transport and clothing industries; and the proposal for a new federal Human Rights and Anti-Discrimination Act.

As always, the text has been updated to incorporate a raft of new case law on matters such as the formation and performance of employment contracts, the variation of modern awards, enterprise bargaining, unfair dismissal and the ‘general protections’ against wrongful treatment at work. This includes the High Court’s ruling in Board of Bendigo TAFE v Barclay about the burden of proof in adverse action claims, and the various cases flowing from the 2011 Qantas industrial dispute. A new section has also been added on the status of internships and other forms of work experience.

Table of Contents

1. Employment Law: An Introduction 2. The Development and Coverage of Employment Laws in Australia 3. Who is an Employee? 4. Special Types of Employment 5. Creating an Employment Relationship 6. The Terms of an Employment Contract 7. Minimum Standards: The NES and Awards 8. Enterprise Agreements 9. Dispute Resolution and Enforcement of Employment Laws 10. Remuneration 11. Working Hours and Leave 12. Control, Performance Management and Discipline 13. Loyalty, Confidentiality and Privacy 14. Discrimination and Victimisation 15. Workplace Safety 16. Termination of Employment Contracts 17. Remedies for Wrongful or Unfair Termination 18. Industrial Action

About the Author

Andrew Stewart is John Bray Professor of Law at University of Adelaide and a Legal Consultant to the national law firm Piper Alderman.

He is one of Australia’s leading experts in labour relations and employment law, and has also published widely in the fields of intellectual property and contract law. He has played a prominent role in the public debate over workplace reforms, and has spoken and written widely about their implications for businesses, workers and unions. He also advised the government on the drafting and structure of the Fair Work legislation.

In November 2009 he was elected President of the Australian Labour Law Association.

Subject Categories

BISAC Subject Codes/Headings:
SOCIAL SCIENCE / Criminology