Labour Law in Australia

by Brooks, Brian Thomas

• ISBN13: 9789041119995
• ISBN10: 904111999X
• Format: Paperback
• Copyright: 2003-01-01
• Publisher: Wolters Kluwer

Summary

It has been said that the Australian system of industrial relations is as exotic as the boomerang And The kangaroo. Indeed, Australia's impressive array of industrial relations systems and dispute settlement procedures, at both the state and federal levels, makes Labour Law in Australia a particularly challenging area of practice. By the same token, from an academic perspective Australia offers a virtually unique opportunity to study the social and legal forces that have shaped the evolution of industrial relations systems throughout the twentieth century, and that continue to shape them as we enter the twenty-first. Labour Law in Australia gives the practitioner a concise but thorough guide To The field as it stands today, with its notable extremes of compulsory arbitration tribunals on the one hand and almost total deregulation on the other. Among the numerous specific topics covered are the following: awards, Australian workplace agreements, and certified agreement the role of the Australian Industrial Relations Commission and other institutions, both state and federal matters that may be determined by tribunals application of a national wages policy the award simplification programme collective agreements rights and duties of employees and employer legal controls of trade unions legal forms of industrial action the role of employers' organizations workers' participation in enterprises criteria for tribunal decisions. The implications for practitioners of distinctive current labour market features, such as the prevalence of part-time and casual work, And The large government outlays for training programmes, are fully spelled out, As are the procedural measures arising from the formidable resilience of the trade union movement. With its practical guidance and penetrating insights, Labour Law in Australia is the ideal resource for business people, government regulators, and academics concerned with legal matters affecting the Australian labour market.

Table of Contents

The Author	p. 3
List of Abbreviations	p. 11
Introduction	p. 13
General Features	p. 13
Definitions and Notions	p. 33
The Constitutional and Historical Background	p. 39
The Role of Governmental Institutions in the Shaping and Administration of Labour Laws and Industrial Relations Policy	p. 45
Sources of Labour Law	p. 77
Australia and the ILO	p. 86
Select Bibliography	p. 88
The Individual Employment Relationship	p. 97
Definitions and Concepts	p. 97
Rights and Duties of the Parties in the Course of the Employment Relationship	p. 101
Working Time	p. 105
Remuneration	p. 107
Incapacity to Work	p. 110
Job Security	p. 111
Grievance Procedures	p. 115
Redundancy	p. 117
Protection Against Discrimination in Employment	p. 119
Covenants of Non-Competition	p. 123
Inventions by Employees	p. 124
Occupational Health and Safety	p. 125
Privacy	p. 129
Collective Labour Relations	p. 131
Trade Union Freedom	p. 131
The Trade Unions and the Employer Associations	p. 147
Institutionalized Relations Between Employers and Employees	p. 185
Collective Bargaining	p. 196
Strikes and Lock-outs and Legal Forms of Industrial Action	p. 204
Settlement of Disputes	p. 214
Index	p. 229
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