The latest issue of the Workplace Review (Volume 3 Part 2) contains the following material:

EDITORIAL

Articles

The industrial relations system is fundamentally flawed Frank Marks

This article critiques the industrial relations system in Australia, arguing that the Fair Work regime actually encourages industrial action because it is predicated on the fallacy that parties can always bargain for and negotiate a settlement.

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The ACTU’s insecure work campaign Natalie Rodwell and Neil Napper

This article reviews the final report of an ACTU-sponsored inquiry into insecure work – the latest instalment in the ACTU’s campaign for better, more secure jobs – and questions whether increased regulation of labour law, as the ACTU advocates, would indeed lead to more secure work.

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From ABCC to FWBC: Tides of change? Irina Kolodizner and Neil Napper

In a three-part analysis, this article discusses the historical and technical aspects of the transition from the Australian Building and Construction Commission to Fair Work Building and Construction heralded by the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth). It also considers recent case law providing a glimpse into the new regulator’s style.

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Assessing compensation in adverse action cases Ian Latham and David Taylor

One of the key changes made by the Fair Work Act 2009 (Cth) was the creation of a discrete area of “adverse action” claims. There has been little consideration as to the matters that should be considered by a court when making an award of compensation following a finding of adverse action. Courts are likely to apply similar considerations to that which is applied in awarding compensation under s 238 of Sch 2 to the Competition and Consumer Act 2010 (Cth) (formerly s 87 of the Trade Practices Act 1974 (Cth)). It is unlikely that they will be limited by factors such as contractual notice, or statutory limits applying to unfair dismissal. Rather, the court will likely look at the actual losses occasioned by the adverse action.

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Casual chat backfires on bank Craig Tanner

The Federal Court has held that a casual chat between a manager and an employee about the employee’s work performance, without notice, is unreasonable conduct on the employer’s part.

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Keeping older workers on the dance floor and the benefits of SLOW ageing Kate Marie and Eva Migdal

The SLOW ageing movement urges employers to invest in the health and wellness of their ageing workforce as it will lead to happier workplaces, long-term sustainability and a strengthening of intellectual capital.

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Sections

FOCUS ON: SOUTH AUSTRALIA

  • A change in the balance? – Rick Manuel

INTERVIEW

  • Beyond the narratives of industrial politics: Professor John Buchanan’s vision for a workplace regime that embraces social change – Azadeh Khalilizadeh

JEFF PHILLIPS ON THE CASE

  • Good faith rules, OK? – Jeffrey Phillips

VALES

THE LAST WORD …

  • A wrap up of the world of industrial relations – Jeffrey Phillips

DIARY

For the pdf version of the table of contents, click here: WR Vol 3 Pt 2 Contents.

Click here to access this Part on Westlaw AU.