Fair Work Act 2009 (Cth)
The latest Part of the Australian Business Law Review includes the following articles: “The Mandatory Repair Scheme for Motor Vehicles 2019: Australia’s First Response to the International Right to Repair Movement?” – Leanne Wiseman, Kanchana Kariyawasam and Lucas Davey; “Working for the Brand: The Regulation of Employment in Franchise Systems in Australia” – Tess Hardy; “Fair Work Bargaining for Police: A Proposal for Reform” – Giuseppe Carabetta; and “Are the “Efficiently, Honestly and Fairly” and Unconscionable Conduct Civil Penalty Provisions Equally as Effective in Combating Unfair Practices By Licensees?” – Jessica Zarkovic. Also in this Part are the following sections: Editorial by Michael Terceiro; Competition Law and Market Regulation: “Natural Meaning Equals Natural Monopoly: New Declaration Criteria for Access to Services under the Competition and Consumer Act” – Michael Gvozdenovic; and Company Law and Securities: “ASIC v King – The High Court Clarifies Who Is an “Officer” of a Corporation” – Jennifer Chambers, Michael Legg and Lindsay Stankovic.
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 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 latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Unintended Consequences: The Effects of Voiding Ipso Facto Clauses in Business Format Franchise Agreements” – Rob Nicholls and Jenny Buchan; “Empowering Workers: Avenues of Legal Redress for Victims of Workplace Cyberbullying” – Colette Langos and Mark Giancaspro; and “Recent PPSA Reform Initiatives in Canada” – Anthony Duggan. Also in this Part is the following section: Competition Law and Market Regulation: “The First Cartel Offence Prosecution in Australia: Implications and Non-implications” – Brent Fisse.
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
This pre-election Winter issue of the Workplace Review (Volume 7 Part 2) covers the following content: “The CFMEU’s case against the ABCC” – Rita Mallia; “Interns or employees?” – Steven Moore QC; “The future of Australian industrial relations” – Neil Napper; “Green Acres (with apologies to Eddie Albert and Eva Gabor) – domestic service regulation in Australia” – Jeffrey Phillips SC; “What is the future of employee representation?” – Marea Wilson; and “NSW Police Force – Workforce Improvement Program” – Assistant Commissioner Carlene York APM and Kristie Out; as well as the following sections: Focus on South Australia: “Workplace relations developments” – Rick Manuel; Focus on Western Australia: “Employees pick up the bar tab for that final stint of rest and recreation” – Duncan Fletcher and James Parkinson; Interview: “‘A full and happy life’: Brendan O’Connor’s goal for Australia’s workers” – by Craig Ryan; and “Commissioner Roberts retires” – Jeffrey Phillips SC; Work Health and Safety: “It’s not me, it’s you … and other myths about labour hire legal liability in health and safety” – Elana O’Reilly; The Last Word; and Diary.
You may have to if you are a young law student/graduate trying to get your foot in the legal industry door in today’s “buyer’s market” for law jobs – though buying may be moot! With a 9% plus yearly increase in law graduates entering the legal jobs market – nearly 15,000 in 2014 – competition ...more
Reinstatement is the primary remedy in unfair dismissal cases under the Fair Work Act 2009 (Cth), but as two articles in the latest edition of Workplace Review (Summer 2016, Vol 7 Pt 1) make clear, more often than not monetary compensation is the remedy provided in successful claims. One reason for this suggested by James ...more