*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:

EDITORIAL

Articles

Industrial relations past and present: The role of the Federal Magistrates Court of Australia – Rolf Driver

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.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

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.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

Visions of what could have been: Assessing damages for loss of opportunity after breach of fixed-term employment contracts – Mark Curran

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.

To purchase this article, complete the Individual Article Sale order form and email it to [email protected].

Sections

FOCUS ON: VICTORIA

  • The Grocon dispute: An update – Steven Moore

INTERVIEW

  • Making your voice heard: ACTU President Ged Kearney by Azadeh Khalilizadeh

McCALLUM MEDAL 2012

  • Social media screening: Employers beware – Alexandra Gronow
  • From Outlook to Facebook: Workmates beware, big boss could be watching – Wilson Lu

BOOK REVIEWS

  • Mortality (Hitchens) – Reviewed by Graeme Watson
  • Discrimination Law and Practice (Ronalds and Raper) – Reviewed by Ben Fogarty

THE LAST WORD …

DIARY

For the pdf version of the table of contents, click here: LOLA – WR Vol 3 Pt 4 Contents or here: WAU – WR Vol 3 Pt 4 Contents.

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Click here to access this Part on Legal Online