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Creighton & Stewart’s Labour Law

7th edition

Author

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ISBN

9781760023911

Publication Date

21/11/2024

Format

Paperback

AUD $185.00 gst included

Coming soon...

This new edition of Australia’s most authoritative text on labour law provides a comprehensive account of the rules and processes governing employment and workplace relations, including the many changes to the Fair Work Act introduced by the Albanese Government’s Secure Jobs, Better Pay and Closing Loopholes amendments. Developments covered in this edition include:

  • the High Court’s new rules for determining employment status and the legislative reaction
  • shifts in approach to identifying and regulating casual employment
  • attempts to close the gender pay gap, including by restricting pay secrecy
  • new or expanded rights on working hours and leave, including a ‘right to disconnect’
  • attempts to revive enterprise bargaining, including through new options for multi-employer agreements and a process for resolving ‘intractable’ bargaining disputes
  • strengthened obligations on sexual harassment, following the Respect@Work report
  • changes to work health and safety laws, including on industrial manslaughter
  • stronger penalties for ‘wage theft’ and greater protections for migrant workers
  • new controls on fixed term contracts, labour hire, digital platform work, and independent contracting in road transport
  • changes to the regulation of trade unions, including new rights for workplace delegates, and
  • the rise and fall of special rules for industrial activity in the building industry.
  • Preface
    Abbreviations
    Table of Cases
    Table of Statutes

    (a) Part 1 – General Concepts
    Introduction
    Labour Law: A Regulatory Perspective
    The Evolution of Australian Labour Law
    International Standards and Australian Labour Law

    (b) Part 2 – Coverage and Institutions
    The Constitutional Framework
    The Scope of the Federal System
    Institutions and Participants

    (c) Part 3 – Work Relationships
    Categorising Work Relationships
    Creating an Employment Contract
    Special Types of Work

    (d) Part 4 – Employment Conditions
    Sources of Employment Obligations
    The National Employment Standards
    Modern Awards
    Enterprise Agreements
    Remuneration
    Working Time and Leave
    Performance and Control
    Work Health and Safety
    Enforcement of Employment Obligations
    Employment Discrimination and the General Protections
    Other Unfair Work Practices

    (e) Part 5 – Termination of Employment
    Termination of Employment
    Remedies for Wrongful or Unfair Termination

    (f) Part 6 – Collective Bargaining and Industrial Action
    Trade Unions and the Right to Organise
    Collective Bargaining under the Fair Work Act
    Industrial Action
    Protected Industrial Action
    Industrial Regulation in the Building and Construction Industry

    Bibliography
    Index

    Reviews of previous editions

    Andrew Stewart has been writing in the field of industrial law for many years … Included in [the] coverage is significant discussion arising from the Productivity Commission’s 2015 report on the workplace relations system. There is also commentary (some critical) on the development of new case law, and the underlying concepts. As in previous editions, an excellent history of the development of industrial law since federation is included. … it is clear that this text will continue to be the standard reference for industrial practitioners in this increasingly complex area of law. Read review…

    John McDonald, Law Letter, Law Society of Tasmania, Autumn 2017

    The work is truly comprehensive and ranges from a discussion of historical and theoretical perspectives through to detailed treatment of all of the specific areas of employment and industrial law likely to be of interest to students and practitioners alike. It is a “go-to” text which can serve to assist practitioners to gain a level of understanding of a particular area of controversy in order to progress their own research. … Creighton & Stewart’s Labour Law deserves to endure for many more editions. Read review…

    Gavin Rebetzke, Hearsay, November, 77

    Creighton & Stewart’s Labour Law has been the leading work in the field of Labour Law for more than a quarter of century. It is rightly seen as the “authoritative text” in the area as is evidenced by its frequent citation by Courts, Commissions and Tribunals. This edition still bears the name of Breen Creighton even though he has now stepped down as an author. That said his careful and meticulous scholarship will continue to influence the work well into the future.
             Despite a period of relative industrial calm over the past five years (when compared to the previous five), this work fills a much needed gap in the literature in this area, particularly as industrial relations law continues to develop at a rapid pace. This sixth edition is substantially different to the fifth with the authors engaging in some radical restructuring and updating to deal with the many legislative amendments which have taken place, in particular to the Fair Work legislation. As is appropriate given the pace of legislative change, the work also deals with the raft of proposed amendments which are likely to pass in the next year or so. The restructuring of the work involves both the division of some previous chapters as well as the amalgamation of others. A unique addition to this edition is the attention given to the Productivity Commission’s 2015 report on the workplace relations system. A good deal of considered discussion concerns the Commission’s assessment of the existing regulatory regime and its recommendations for future change. There are also useful discussions of the Heydon Royal Commission into Trade Union Governance and Corruption and the changes to the award system introduced by the Fair Work Commission.
             As has been the case with earlier editions of this fine work, the authors make extensive reference to the myriad of new authorities emanating from the various tribunals and courts covering the many and varied topics within the scope of this area of law. Its bibliography is resplendent with many useful references to additional sources of research…. it is a necessity for anyone practicing in the area.

    Queensland Law Reporter – 12 August 2016 – [2016] 31 QLR

    The sixth edition of Australia’s IR bible, Labour Law, is now available.
 Authored by Andrew Stewart, Anthony Forsyth, Mark Irving, Richard Johnstone and Shae McCrystal, the 1248-page book is the first update since 2010.
             Among many recent developments in Australia’s labour regulation system covered are the Productivity Commission’s 2015 report on workplace relations, the Fair Work Commission’s changes to the modern award system, the Heydon Royal Commission and policy proposals released during the 2016 election campaign.

    Workplace Express, August 2016

    New IR bible now available.
    The fifth edition of Australia’s IR bible, Labour Law, by Professors Breen Creighton and Andrew Stewart, is now available.
              The 1,000-page book, published by Federation Press, has been substantially restructured and updated to deal with the abolition of Work Choices and the introduction of federal Labor’s Fair Work laws, as well as the other significant changes to labour regulation in Australia over recent years.
             It includes a detailed analysis of the NES, modern awards, the new enterprise bargaining regime, general protections against discriminatory or wrongful treatment at work, and the revamped unfair dismissal system.

    Workplace Express, October 2010

    This edition makes significant modifications to the 2000 edition to take fuller account of of the issues arising from the changing industrial relations environment and the growing importance of enterprise bargaining and AWAs. … [T]he book also looks ahead to the likely changes arising from the foreshadowed workplace reforms. …
             The authors are unduly modest in their claims. … [Provide an overview and general background, a concise but sophisticated account of the major legal principles, commentary and references] they certainly do and more, with great clarity and in language intelligible to the lay person. The arrangement of the subject matter in each chapter adds to the ease of its comprehension, while the treatment of the historical and contemporary context gives life to the law. The authors do not impose their values on the reader on many controversial issues but leave the reader with ample material to form their own judgment one way or another. This edition more than its predecessor will be an invaluable source as a text or reference not only to law students but also to practitioners and those studying industrial relations who lack a legal background. Welcome to the Fourth Edition…

    Labour & Industry, April-May 2006

    This is a unique and comprehensive review of industrial relations in Australia to date. The chapters with practical application are welcome as is the consideration given to other topical issues such as security of employee entitlements. It is well worth updating your personal or institutional library to include the fourth edition of Labour Law.

    Journal of Industrial Relations, December 2005

    The latest edition of Labour Law provides a thorough overview of Australia’s industrial system as well as examining a number of contemporary issues relating to the world of work. This edition provides a useful overview of recent developments relating to protection of employee entitlements in the case of corporate insolvency, the type of matters that can now be included in enterprise bargaining agreements, a more detailed discussion of the intricacies associated with the bargaining process itself as well as emerging statutory remedies for unfair employment practices. …
             Labour Law remains an enormously valuable tool that provides a clear analysis of Australia’s industrial system as well as providing information on the emerging trends and challenges in regulating the modern day employment relationship.

    Worksite, May 2005

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