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 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.

Part 1 - General Concepts Introduction Labour Law: A Regulatory Perspective The Evolution of Australian Labour Law International Standards and Australian Labour LawPart 2 - Coverage and Institutions The Constitutional Framework The Scope of the Federal System Institutions and ParticipantsPart 3 - Work Relationships Categorising Work Relationships Creating an Employment Contract Special Types of WorkPart 4 - Employment Conditions Sources of Employment Obligations The National Employment Standards Modern Awards Enterprise Agreements Remuneration Working Time and Leave Performance and Control Work Health and Safety Enforcement of Employment Obligations Employment Discrimination and the General Protections Other Unfair Work PracticesPart 5 - Termination of Employment Termination of Employment Contracts Remedies for Wrongful or Unfair TerminationPart 6 - Collective Bargaining and Industrial Action Trade Unions and the Right to Organise Collective Bargaining Industrial Action Protected Action Industrial Regulation in the Building and Construction Industry

Andrew Stewart is the John Bray Professor of Law at the University of Adelaide and a Legal Consultant to the national law firm Piper Alderman. Anthony Forsyth is an Associate Professor in the Department of Business Law and Taxation at Monash University. Richard Johnstone is a Professor and the Director of Research in the School of Law at Queensland University of Technology. Shae McCrystal is an Associate Professor in the Faculty of Law at the University of Sydney where she teaches labour law and property law.