*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Workplace Review (Volume 3 Part 4) contains the following material:
The shift from a centralised system of conciliation and arbitration to a market-focused system that relies on collective bargaining has radically altered Australia’s industrial relations landscape. This article discusses these changes, in particular the current role of the Federal Magistrates Court of Australia, and proposes some opportunities where the court, with Fair Work Australia, could provide for quick and effective arbitration.
Arbitration, whither or wither? – Jeffrey Phillips SC
Reliance on the corporations power under the Australian Constitution has perhaps changed the focus from the initial industrial power relying upon settling industrial disputes by conciliation and arbitration to one that relies on the forces of the market.
This article illustrates, through a number of case examples, that mere difficulty in estimating the loss flowing from the breach of a fixed-term employment contract will not deter the courts in their duty to ensure a successful employee is properly compensated. The courts will assess those damages based on the “degree of probabilities or possibilities” of what would have happened if the contract had not been breached (in this case, in relation to the opportunity of the employment contract being renewed). As will be discussed, this process is inherently uncertain and can involve speculation, or even guesswork.
- The Grocon dispute: An update – Steven Moore
- Making your voice heard: ACTU President Ged Kearney by Azadeh Khalilizadeh
- Social media screening: Employers beware – Alexandra Gronow
- From Outlook to Facebook: Workmates beware, big boss could be watching – Wilson Lu
- Mortality (Hitchens) – Reviewed by Graeme Watson
- Discrimination Law and Practice (Ronalds and Raper) – Reviewed by Ben Fogarty