The Shaping of Labour Law Legislation – Underlying Elements of Australia’s Workplace Relations System

A text providing a detailed study of Australia’s traditional industrial relations system including: the independent statutory tribunal, the system taking into account the public interest, the tradition of ‘protecting the weak’ and a privileged role for trade unions.

Book :Paperback
AUD$ 208.00


Release Date:
ISBN/ISSN: 9780409345865

Product description

The Shaping of Labour Law Legislation – Underlying Elements of Australia’s Workplace Relations System extensively examines the core underlying elements in Australia’s workplace relations system and how they continue to have an ongoing place in that system:

  • The role of a statutory tribunal
  • The influence of the “public interest”
  • An established tradition of protecting the weak; and
  • A privileged role for trade unions

Providing detailed coverage of the historical origins and development of Australian labour law legislation, this title also focuses on contemporary developments in case law and legislation.


  • Up-to-date analysis of existing workplace laws
  • Discussion of historical origins
  • Authoritative and well-written

Related Titles

Irving, The Contract of Employment, 2012
LNAA: Annotated Fair Work Act & Related Legislation, 2017
Pittard & Naughton, Australian Labour and Employment Law, 2015


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Table of contents

Part 1 - Introduction


Part 2 – Compulsory Arbitration

2. The Core Elements of the Traditional System of Compulsory Arbitration – As Identified in Research and Literature

3. The Legal Framework and Operation of the Australian System from 1904 until 1993 – An Analysis of the Practical Application of the Core Elements

Part 3 – Enterprise Bargaining

4. Innovations made under the Industrial Relations Reform Act – Change within a Familiar Framework (1993-1996)

5. Howard’s “Halfway House” – The Workplace Relations 1996 (1996-2005)

6. The Impact of Work Choices – Radical Change but Core Values Remain in Place (2005-2007)

7. Enterprise Bargaining under the Fair Work Act 2009 – Enduring Scope for the Tribunal, Unions and the Public Interest

8. Ongoing Influence of Core Elements of Traditional Industrial Relations System – A Description of the Statutory Tribunal’s Power to make Workplace Determinations

9. The Continuing Debate – What Role did the Productivity Commission Believe the Core Elements Play in its Inquiry into Australia’s Workplace Relations

Part 4 – Comparison with New Zealand

10. The Position of New Zealand – Similar but Different

Part 5 - Review

11. Review and Challenges – Will the Underlying Core Elements continue to shape Labour Law legislation?