Australian Business Law Review update: Vol 48 Pt 3
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.
Workplace Review update: Winter 2020
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.
Australian Business Law Review update: Vol 48 Pt 2
The latest Part of the Australian Business Law Review includes the following articles: “COVID-19, JobKeeper and Stand Down under the Fair Work Act 2009 (Cth): A Review of the Law” – Victoria Lambropoulos; “The Contractual Impact of COVID-19 on Corporate and Financial Transactions” – Andrew Godwin; “The Challenges of Navigating the COVID-19 Pandemic for Australia’s Franchise Sector” – Jenny Buchan and Rob Nicholls; “Courts, Mediation and COVID-19” – Tania Sourdin and John Zeleznikow; “Commercial Litigation and COVID-19 – the Role and Limits of Technology” – Michael Legg and Anthony Song; “Frustratingly Unclear? The Interplay Between Common Law, Statute and the ACL in Assessing Consumer Rights in a Time of Crisis” – Alex Jane and Jeannie Marie Paterson; “Prepayments, the ACL and the ASIC Act” – Philip H Clarke; “COVID Collaboration and Competition Policy: Authorisation vs Forbearance as Crisis Responses” – David Howarth and Harriet Alexander; and “Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry” – J Tarr, A Tarr and K Paynter. Also in this Part is an Editorial by Dr Victoria Lambropoulos.
Workplace Review update: Autumn 2019
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 [2018] 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.
Workplace Review update: Spring 2018
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.
Fair Work Act protections – protecting whom?
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
Workplace Review update: Winter 2016
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.
Would you work for free?
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 as remedy: practical, humane
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
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