Creighton & Stewart's Labour Law
By: William Breen Creighton, Andrew Stewart, Anthony Forsyth, Mark Irving, Richard Johnstone, Shae McCrystal
About This Book
The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia's complex system of labour regulation.The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.A particular feature is the coverage of the Productivity Commission's 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission's changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of 'regulation' in general, and labour regulation in particular.Creighton & Stewart's Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.
AI Overview
"Creighton & Stewart's Labour Law" is a comprehensive and authoritative text on labour law in Australia, written by Andrew Stewart, Anthony Forsyth, Mark Irving, Richard Johnstone, and Shae McCrystal. Here is a detailed overview of the book:
Key Themes
Comprehensive Labour Regulation:
- The book provides a thorough account of the rules and processes governing employment and workplace relations in Australia.
- It covers the many statutory amendments introduced or proposed over the past five years, particularly to the Fair Work legislation.
Fair Work Act Amendments:
- The book includes detailed analysis of the changes to the Fair Work Act introduced by the Albanese Government’s Secure Jobs, Better Pay and Closing Loopholes amendments.
- These changes include new rules for determining employment status, shifts in approach to identifying and regulating casual employment, and attempts to close the gender pay gap.
Workplace Relations and Employment Status:
- The book discusses the High Court’s new rules for determining employment status and the legislative reaction to these changes.
- It also covers the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, and the burden of proof in adverse action claims.
Work Health and Safety Laws:
- The book includes updates on work health and safety laws, including changes on industrial manslaughter and stronger obligations on sexual harassment following the Respect@Work report.
Regulation of Trade Unions:
- It covers changes to the regulation of trade unions, including new rights for workplace delegates and the rise and fall of special rules for industrial activity in the building industry.
Digital Platform Work and Labour Hire:
- The book discusses new controls on fixed term contracts, labour hire, digital platform work, and independent contracting in road transport.
Plot Summary
The book is structured to provide a comprehensive and authoritative account of labour law in Australia. It includes:
- Statutory Amendments: Detailed analysis of the changes to the Fair Work Act and other relevant legislation.
- Court Decisions: Extensive reference to new decisions by the courts and tribunals on matters such as employment status, enterprise bargaining, and adverse action claims.
- Regulatory Framework: Coverage of the Productivity Commission's 2015 report on the workplace relations system and its recommendations for change.
- Policy Proposals: Discussion of policy proposals released during the 2016 election campaign and potential future reforms.
Critical Reception
The book is widely regarded as the most authoritative text on labour law in Australia. It is praised for its comprehensive coverage of the complex system of labour regulation and its ability to connect readers to the voluminous academic literature on the subject.
Availability
The book is available in both paperback and eBook formats from The Federation Press. It also includes built-in study tools, offline access, and global search capabilities for eTextbook users.
Conclusion
"Creighton & Stewart's Labour Law" is a seminal work in the field of Australian labour law, providing a thorough and authoritative account of the rules and processes governing employment and workplace relations. Its comprehensive coverage of recent statutory amendments, court decisions, and regulatory changes makes it an essential resource for students and practitioners alike.