Workplace Review (WR)
People, practice, cases and trends in workplace relations
About the Journal
Workplace Review (ISSN: 1838-0999) provides IR and employment law practitioners with the practical insights they need in a readily accessible form. Importantly, it does so while engaging with that focus on people which is fundamental to this area of practice. It also contains coverage and analysis of the latest IR / employment news.
Under the experienced stewardship of General Editors Jeffrey Phillips SC and Neil Napper, Workplace Review engages your interest while providing busy practitioners with practical insights delivered in an easily digestible form.
Each issue of Workplace Review contains an interview with a leader in the IR/employment law space, including politicians, practitioners, advocates, judges and academics. Each interview includes an eye-catching pen and ink portrait by Simon Fieldhouse.
Concise articles draw out the tactical and strategic implications of legal and policy developments, sharing the benefits of expertise that go beyond mere description. Regular features include different perspectives on topical issues, in a viewpoint and counterpoint style, while the broad coverage of Workplace Review is enhanced by dedicated Work, Health & Safety, Discrimination, and Common Law & General Protections sections, overseen respectively by Michael Tooma, Elizabeth Raper and Dr Victoria Lambropoulos. The Editorial Board, constituted by State and Territory representatives, ensures it has national scope and relevance.
Online, Workplace Review features access to the growing backset from Volume 1, 2010, with links to judgments, legislation, and other online publications, while allowing for individual articles to be downloaded in PDF format or received via RSS feed.
Jeffrey Phillips SC, Barrister, Denman Chambers, Sydney
Neil Napper, Partner, Lander & Rogers
Common law and general protections – Dr Victoria Lambropoulos, Senior Lecturer, ANU College of Law
Discrimination – Elizabeth Raper, Barrister-at-law
Work health and safety – Michael Tooma, Partner, Clyde & Co
Australian Capital Territory – James Macken, Barrister-at-law
Northern Territory – Bruce Taylor, Barrister-at-law
Queensland – Geraldine Dann, Barrister-at-law
South Australia – Rick Manuel, Barrister-at-law
Western Australia – Duncan Fletcher, Partner, K&L Gates
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To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
“Our critics on both sides of politics claim the use of the phrase ‘class war’ is anachronistic, but in the face of growing inequality and the push for corporate dominance, the reality is a class war is being waged on ordinary people. One that it is our responsibility to respond to.” With this clarion call, ...more
The Winter 2020 Part of the Workplace Review includes the following content: “The Legacy of Jack Mundey and the Green Bans: A CFMEU Perspective” – Darren Greenfield; “Legal Life in Lockdown” – Neil Napper; “Legal Practice after the Pandemic” – Judge Gerard Phillips; “A Pandemic amongst the Sandstone” – Oscar Pursey; “Industrial Relations after COVID-19” – Craig Ryan; “Wage Theft” – Kirsty Stewart, Rick Manuel and Kaz Eaton; as well as the following sections: Editorial; Case Note: “Casual Developments” – Susan Zeitz and Rick Manuel; Obituary: “Vale Jack Mundey (1929–2020) – His Significance for Australian Unionism” – Meredith Burgmann; “(2020) Mundey’s Legacy – Jack Mundey: 17 October 1929–10 May 2020” – Dr Michael Easson AM; “Vale Jim Macken (1927–1919)” – James Macken; “The Honourable Joe Isaac AO (1922–2019)” – Paul Munro; “Peteris Ginters (1971–2020), Barrister” – Ingmar Taylor SC; Book Reviews: “Prince Albert: The Man Who Saved the Monarchy, by AN Wilson” – Reviewed by Malcolm Kerr OAM; “Going Under, by Sonia Henry” – Reviewed by Jeffrey Phillips SC; The Last Word; and Diary.
The Summer 2019 Part of the Workplace Review includes the following content: “The Doctrine of Implied Intergovernmental Immunities: A Recrudescence?” – Thomas Dixon; “Is There Such a Thing as “Free Speech” for Australian Employees?” – Neil Napper; “Welcome to the Age of Keyboard Warriors” – Lachlan Robison; as well as the following sections: Interview: “Paul Munro: For ‘The Greatest Good…'” – Craig Ryan; Case Note: “‘Free Speech… But Be Careful What You Say!'” – Joshua Graffi; Obituary:
“Robert James Lee Hawke” – Robert McClelland; Book Reviews; The Last Word; and Diary.
The Autumn 2019 Part of the Workplace Review includes the following content: “Emergency C-Section Required: Improving the Delivery of Male Parental Leave Entitlements” – Sandra Hu; “The Death of Reasonable Notice?” – Rick Manuel; “Industrial Action in the Wake of Auimatagi v Australian Building and Construction Commissioner  FCAFC 191” – Lucas Moctezuma; “The Case of Foodora: The Adequacy of Australia’s Industrial Safety Net in a Gig Economy” – Cassidy O’Sullivan; “Nearly a Century of Workers Compensation in New South Wales” – Judge Gerard Phillips; “The New Judicial Review – Legal Unreasonableness” – Mark Robinson SC and Dr Simon Blount; as well as the following sections: Interview: “‘We’ll Keep Challenging the System’: United Voice National Secretary, Jo-anne Schofield” – Craig Ryan; Obituary: “Vale George Polites: A Man for All Seasons” – Paul Munro;; The Last Word; and Diary.
The Spring 2018 issue of Workplace Review contains the following articles: “Sir Owen Dixon – Federalism and His Contribution to the Development of Commonwealth Power” – Anton Duc; “An Implied Term of Good Faith?” – Glenn Fredericks; “Workers’ Rights in the Gig Economy” – Justin Pen; and “‘The King’s Shilling’ – Mark 2: The History of Wage Setting in Australia and Its Relevance for the Determination of Military Remuneration – Jeffrey Phillips SC.. Also featured is an interview with Stuart Wood QC, and the following sections: Editorial; Focus on South Australia; Obituary; Book Review; as well as Diary, and The Last Word.
The Autumn 2018 issue of Workplace Review contains the following articles: “The Fair Work Commission and Self-represented Parties” – Hon Reg Hamilton; “An Update on the Contractual Status of Corporate Policies” – Ian Latham; “‘It Is Not a Perfect World’: Workplace Bullying and an Employer’s Duty of Care” – Milaan Latten and John Tuck; “Perils of Parliamentary Privilege” – James Macken; and “Judicial Bullying” – Jeffrey Phillips SC. Also featured is an interview with FWC Vice President Joe Catanzariti, and the following sections: Discrimination; Work Health and Safety; Book Reviews; as well as Diary, and The Last Word.
The Autumn 2017 issue of Workplace Review is an issue focusing on the past, present and future of the Australian union movement. There are multiple contributions from a spread of unions and, referencing the 90th anniversary of the founding of the Australian Council of Trade Unions (ACTU) this year, an interview with the new ACTU Secretary, Sally McManus. This Part contains the following articles: “On the margins of Harvester: United Voice and the fight for secure work and shared prosperity in Australia” – Frances Flanagan; “Whither unionism?” – Keith Harvey; “CFMEU’s civilising role: ‘Some things are worth fighting for.'” – Rita Mallia; “Challenges facing Queensland unions: ‘Festering non-compliance and institutionalised wage theft.'” – Dr John Martin; “‘Solid jobs, reliable incomes, human values’: Unions NSW takes up the fight” – Mark Morey; “The relevance of unions in the new industrial order” – Haren Pararajasingham; “AEU Victorian Branch – Laptops Case 2015” – Meredith Peace; “Trade unions – a highly regulated and supervised future …” – Peter Punch; “The WWF and waterfront decasualisation” – Craig Ryan. Also featured is an interview with ACTU Secretary, Sally McManus, and the following section: Book Review; as well as Diary, and The Last Word.
The Fair Work Act 2009 (Cth) (the Act) contains a wide range of protections for employees. These manifest through express provision, the stipulation of minimum standards (National Employment Standards), the delimiting of employers’ scope of action, or combinations of these. While the protections are apparent in the Act’s words, their individual effectiveness turns on how ...more
The Autumn 2017 issue of Workplace Review contains the following articles: “Investing in people” – Dr John Falzon; “Thinking outside the square: Long Service Leave today” – Ashleigh Mills (winner of the 2016 McCallum Medal Competition); “Complaints and inquiries: Pain in the neck or workplace right?” – Neil Napper and Luke Scandrett; “‘The King’s Shilling’: Military industrial relations in Australia” – Jeffrey Phillips SC; and “The insidious abuse of Section 389(1)(a)” – Bruce Taylor. Also featured is an interview with WR’s co-General Editor Jeffrey Phillips SC, and the following sections: Focus On: SA; Focus On: WA; Work Health and Safety; Book Review; as well as Diary, and The Last Word.
Contract employment practices and the operations of labour-hire companies have been in the news a lot lately. The last few months have seen the industrial dispute at the Carlton and United Breweries (CUB) plant in Melbourne in relation to an enterprise agreement introduced by the then new labour-hire contractor for maintenance workers at the plant. ...more