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AI Overview

"The Modern Contract of Employment" is a comprehensive legal text written by Ian Neil SC, David Chin SC, and Christopher Parkin. The book is specifically designed for practitioners, including barristers, solicitors, academics, and students, aiming to provide in-depth analysis of the modern common law of employment contracts in Australia.

Key Themes

  1. Interpretation and Identification of Employment Contracts:

    • The book extensively covers the new approach to interpreting and identifying a contract of employment, as introduced by the High Court in cases such as WorkPac Pty Ltd v Rossato, Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd, and ZG Operations Australia Pty Ltd v Jamsek.

  2. Evolution of Employment Law:

    • It reflects the evolution of employment law, including significant High Court decisions like Commonwealth Bank of Australia v Barker (2014) 253 CLR 169, which impacted the implied term of mutual trust and confidence, and potentially the implied term of good faith in an employment context.

  3. Recent Authorities:

    • The text includes recent authorities on the test for identifying a contract of employment, such as ACE Insurance Ltd v Trifunovski (2013) 209 FCR 145 and Tatts-bet Ltd v Morrow (2015) 233 FCR 46.

  4. Practical Application:

    • The authors aim to provide a succinct and expository style that makes the complex legal concepts accessible for practitioners and students. The book focuses on providing answers rather than raising more questions, making it a valuable resource for those seeking practical guidance.

Plot Summary

The book does not have a narrative plot but rather a structured legal analysis. It is divided into chapters that cover various aspects of employment contracts, including the interpretation and identification of such contracts, the evolution of employment law, and recent judicial decisions. The text is designed to be definitive and concise, allowing practitioners to readily identify key principles and leading authorities in the field of employment law.

Critical Reception

  1. Established Authority:

    • "The Modern Contract of Employment" has established itself as the leading text in its field, maintaining its position with its erudite and current analysis of employment contracts in Australia.

  2. Academic and Professional Praise:

    • The second edition of the book received positive reviews, particularly for its inclusion of significant changes in employment law since 2012. It was praised for its clear and incisive analysis, making it accessible to a wide range of legal professionals and students.

  3. High Court Citing:

    • The book is cited by various Australian courts, including the High Court, the Federal Court of Australia, the Victorian Court of Appeal, the Supreme Court of NSW, the Federal Circuit Court, the Full Bench of the Fair Work Commission, and the Workers Compensation Commission of NSW.

In summary, "The Modern Contract of Employment" by Ian Neil SC, David Chin SC, and Christopher Parkin is a comprehensive and authoritative text that provides in-depth analysis of employment contracts in Australia. It is highly regarded for its practical application, clear analysis, and inclusion of recent judicial decisions, making it an essential resource for legal practitioners and students.