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Stewart's Guide to Employment Law 6th Ed (2018)
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Stewart's Guide to Employment Law 6th Ed (2018)

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Published 22nd Feb. 2018. Soft Cover. isbn 9781760021542.
Stewart’s Guide to Employment Law is renowned for its succinct and accessible coverage of this complex area of the law. The author’s unique expertise and experience make this a high-quality book with a clear and cohesive style. This is a highly regarded, dependable choice of book for anyone needing an introduction to employment law. Key Features of the New Edition •This new edition explains the various amendments made to the Fair Work Act under the Turnbull Government, in relation to matters such as enterprise bargaining, industrial action and the enforcement of employment entitlements. •It highlights important changes to the regulation of workplace relations in the building and construction industry. •Covers the many variations made by the Fair Work Commission in the course of its first (and last) four-yearly review of modern awards. •Those variations include significant alterations to penalty rates in certain industries, as well as provisions on casual and part-time employment, payment of wages and the taking of annual leave. •The text has been updated to incorporate other new case law since the last edition, including important decisions on the making and termination of enterprise agreements, adverse action and termination of employment. •Reference is also made to various changes to State laws, particularly in Queensland, where the State industrial system was revamped in 2016. CONTENTS Preface Table of Cases Table of Statutes Abbreviations 1. Employment Law: An Introduction The Purpose of Employment Laws Employment Regulation in Australia Sources of Employment Law Regulatory Bodies Getting Information about Employment Laws 2. The Development and Coverage of Employment Laws in Australia Development of Australian Employment Laws The Work Choices Reforms The Fair Work Legislation The Scope of the ‘National’ System Application of State and Territory Laws 3. Who is an Employee? Why Employment Status Matters Distinguishing Employees from Contractors Avoiding or Disguising Employment The Tax System The Independent Contractors Legislation 4. Special Types of Employment Casual Employment Homeworkers and Outworkers Agency Labour Trainees and Apprentices Public Sector Employment Voluntary Work 5. Creating an Employment Relationship Controls on Hiring Provision of Information Formation of Employment Contracts 6. The Terms of an Employment Contract Individual Contract Terms Effect of Awards, Agreements and Statutes Review of Unfair Work Contracts 7. Minimum Standards: The NES and Awards Development of Minimum Standards The National Employment Standards The Modernisation of the Award System Modern Awards under the Fair Work Act State Awards 8. Enterprise Agreements Options under the Federal System Making an Enterprise Agreement Regulating the Bargaining Process Content of Agreements Variation and Termination Effect of Enterprise Agreements Transitional Arrangements for Pre-Fair Work Act Agreements State Agreements Unregistered Collective Agreements 9. Dispute Resolution and Enforcement of Employment Laws Introduction Dispute Resolution in the Federal System Compliance and Enforcement under the Federal System The State Systems Enforcing the Employment Contract Insolvency and Employee Entitlements 10. Remuneration Types of Remuneration Wage Fixation Minimum Wages for National System Employees Minimum Wages for Other Workers Pay Equity Earning Remuneration Payment of Wages Superannuation 11. Working Hours and Leave Working Hours Public Holidays Annual Leave Personal Leave Parental Leave Long Service Leave Community Service Leave Other Forms of Leave 12. Control, Performance Management and Discipline The Employee’s Duties The Employer’s Duties Performance Management and Discipline 13. Loyalty, Confidentiality and Privacy Loyalty During the Employment Relationship Post-Employment Duties Post-Employment Restraints Protecting Whistleblowers Confidentiality and Privacy: The Employer’s Obligations 14. Discrimination and Victimisation Anti-Discrimination Laws The ‘General Protections’ under the Fair Work Act Other Protections against Victimisation 15. Workplace Safety Work Health and Safety Laws Workers Compensation Common Law Liability for Workplace Injuries 16. Termination of Employment Contracts Introduction Duration and Expiry of Employment Contracts Termination on Notice Summary Termination Constraints on Unilateral Termination Termination by Agreement Termination by Operation of Law Entitlements on Termination Redundancy Effect of Insolvency on Employment Contracts Transfer of Employment 17. Remedies for Wrongful or Unfair Termination Remedies for Employers Remedies for Employees Common Law Actions for Wrongful Dismissal Evolution of Unfair Dismissal Laws Unfair Dismissal Claims under the Fair Work Act Unlawful Termination State Unfair Dismissal Laws Other Remedies 18. Industrial Action Introduction The Position at Common Law Sanctions under the Fair Work Act Sanctions under Other Legislation Protected Action Glossary of Terms Index
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