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

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

Naughton, R, 2017

Available Formats

Format ISBN Price
Book 9780409345865 $189.00
eBook 9780409345872 $189.00

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

 

Format: Paperback

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.

 

Book Review - ETHOS . LAW SOCIETY OF THE ACT JOURNAL June 2018 | Issue 248


Features

• 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

Author

Dr Richard Naughton is a Senior Fellow in the Faculty of Law at Monash University and has worked extensively in employment and industrial relations law in private practice, including a number of major national law firms. Richard specialises in workplace relations and lectures in this area in postgraduate law programs at Monash University. His research interests include the background to Australia’s conciliation and arbitration system, and the operation of Australia’s present bargaining laws.

Table of Contents

Part 1 - Introduction
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?

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