Stewart's Guide to Employment Law
By: Andrew Stewart
About This Book
This new edition explains the changes made by the Fair Work Amendment Act 2013, including the Fair Work Commission's new power to deal with claims of workplace bullying. It details the Abbott Government's reform agenda, covering important changes not just to the Fair Work Act, but to legislation on parental leave, superannuation, the recovery of employee entitlements, the building and construction industry, and registered organisations. It also highlights the potential for further changes from various inquiries that have been established, as well as the first four-yearly review of the modern award system.The text has been updated to incorporate new case law since the last edition, including important decisions by the High Court on whether there is an implied duty of 'mutual trust and confidence' in the employment relationship, whether employers can dismiss employees for 'offensive' conduct during otherwise lawful union activities, and the scope of an employer's obligation to withhold pay from striking workers. Reference is also made to some controversial changes to State laws, particularly on the powers of industrial tribunals to set wages and conditions for public sector workers, and on the control of disruptive pickets and workplace protests.In the news...Scope of anti-bullying orders broad but still unclear, OHSAlert, 10 April 2015 Read full article...
AI Overview
Overview of "Stewart's Guide to Employment Law" by Andrew Stewart
Key Themes
Regulation of Employment Relationships: The book provides a comprehensive explanation of how employment relationships are legally regulated in Australia. It covers various aspects of employment law, including the definitions and regulations of different types of employment, such as casual employment and gig economy workers.
Impact of COVID-19: The new edition of the book addresses the significant changes brought about by the COVID-19 pandemic, including standing down employees, working from home, pandemic leave, and vaccination policies for employees.
Fair Work Act Amendments: The book discusses the amendments to the Fair Work Act made by the Morrison Government, particularly those related to the 'Omnibus Bill' and its impact on casual employment and enterprise agreements.
Women in the Workplace: It explores controversies and developments affecting women in the workplace, such as sexual harassment, pay equity, and leave for victims of family and domestic violence.
Modern Awards and Case Law: The text updates readers on significant changes made by the Fair Work Commission in modern awards and includes new case law on issues like adverse action and unfair dismissal.
State Legislation: The book also references changes to state legislation, such as new 'wage theft' laws in Victoria and Queensland, as well as proposed reforms in Western Australia.
Plot Summary
The book is structured to provide a clear and cohesive introduction to employment law in Australia. It begins with an introduction to employment law, followed by chapters that delve into the development and coverage of employment laws, the definition of an employee, and special types of employment. The new edition incorporates recent High Court decisions, such as the WorkPac v Rossato case, and updates readers on developments up to July 2021.
Critical Reception
Renowned for Clarity and Accessibility: The book is highly regarded for its succinct and accessible coverage of complex employment law topics. The author's unique expertise and experience make it a trusted resource for both beginners and professionals in the field.
Essential Reading: The Australian Journal of Labour Law describes "Stewart's Guide to Employment Law" as a "masterpiece of clarity and succinct exposition of the law," making it essential reading for anyone needing an introduction to employment law.
Updated Editions: The new edition has been praised for its timely updates on recent developments in employment law, including the impact of COVID-19 and significant High Court decisions.
Overall, "Stewart's Guide to Employment Law" by Andrew Stewart is a comprehensive and authoritative resource for understanding employment law in Australia, known for its clarity, accessibility, and timely updates on current legal developments.