Labour law
著者
書誌事項
Labour law
Federation Press, 2005
4th ed
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注記
Includes bibliographical references (p. 619-669) and index
内容説明・目次
内容説明
The new edition of this leading text provides a valuable guide to the complex network of laws that regulate our workplaces. As with previous editions, it offers an authoritative analysis of key principles and policy issues, backed by extensive reference to other writings in the field. In charting the continuing development of Australian labour law, the new edition takes account of the many changes to Federal and State legislation over the past five years, as well as the more significant court decisions during this period. It also looks ahead to some of the further reforms that can be expected from the Howard Government as it moves into its fourth term in office. Features include new or expanded sections on the regulation of bargaining tactics, dispute resolution under certified agreements, monitoring and privacy at the workplace, securing employee entitlements, and protection for whistleblowers. New chapters have also been created to break up the treatment of agreement-making, and of termination of employment, so as to make those parts of the book more accessible.
目次
The Role of Law in Labour Relations Introduction/Assumptions and Values/The Individual/Employment Relationship/Regulation of Industrial Conflict/Moderating the Market: Legislated Standards/Compliance and Enforcement/Structure and Scope of This Book The Evolution of Australian Labour Law British Foundations/Reception of British Law in Australia/Compulsory Conciliation and Arbitration/Reforming Federal Regulation International Standards and Australian Labour Law Introduction /The ILO/Australia and the ILO The Constitutional Framework The Industrial Power/Other Heads of Constitutional Power/Limitations on Commonwealth Legislative Power/Boilermakers and the Separation of Powers/Inconsistency of Federal and State Laws/The Prospects for Change Institutional Structures and Arrangements Federal Institutions/State Institutions/State/Federal Co-operation/Participants Dispute Resolution and Award Regulation Introduction/Dispute Resolution and Procedure in the Federal Commission/Federal Awards/State Systems Agreement-Making Unregistered Agreements/Agreement-Making in the Federal System: History and Overview/The State Systems Certified Agreements Nature and Scope of Certified Agreements/The Bargaining Process/Certification/Effect of a Certified Agreement/Variation, Extension, Revocation and Termination/Disputes Arising Under Certified Agreements Australian Workplace Agreements Nature of AWAs/Content/Making an AWA/Approval/Effect of AWAs/Variation, Extension and Termination/AWAs in Context Enforcement of Federal Awards and Agreements Awards and Orders/Certified Agreements/Australian Workplace Agreements The Creation and Categorisation of Employment Relationships Significance of Categorising Work Relationships/Formation of Employment Contracts/Who is the Employer?/Identifying a Contract of Employment/Special Categories of Employment/Controls on Hiring Sources of Employment Obligations Contractual Agreement/Awards/Registered Agreements/Unregistered Collective Agreements/Legislation/The Common Law of Employment Individual Rights and Obligations Remuneration/Hours of Work/Leave/Superannuation/Other Employee Duties/The Employer's Duty of Reasonable Treatment/Remedies for Breach of Employment Obligations Unfair Employment Practices Misleading, Deceptive or Unconscionable Conduct/Unfair Contracts/Discrimination in Employment/Industrial Victimisation/Protection for Whistleblowers/Privacy at the Workplace Termination of Employment Contracts Introduction/Duration of Employment/Termination by Notice/Summary Termination/Just Cause and Procedural Fairness/Termination by Operation of Law/Termination by Agreement or Abandonment/Redundancy Entitlements/Particular Situations Remedies for Wrongful or Unfair Termination Wrongful Termination By Employees/Wrongful Dismissal: Common Law Remedies/Unfair Dismissal: History and Development of Statutory Remedies/The Federal System in Outline/The State Systems in Outline/Some Common Issues/ Remedies for Public Sector Workers/Other Laws on Termination Regulation of Trade Unions Introduction/Legal Status of Unions/Registration/Union Structure/Rules and Internal Affairs/Union Security and Freedom of Association Sanctions Against Industrial Action Introduction/Sanctions Under Industrial Legislation/Criminal Liability for Industrial Action/Protection of Essential Services/Industrial Action and the Individual Worker/Tort Liability/Statutory Protection Against Tort Liability/Boycotts/Reform Occupational Health and Safety The Issue/Prevention - The Traditional Approach/Prevention - The Robens Reforms/Compensation/Rehabilitation/National Uniformity/Occupational Health and Safety and Industrial Relations
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