Andrew Stewart

Fair Work Australia and the Legacy of the Commission

Publisher: SAGE Publications

Date: 11-2011

DOI: 10.1177/0022185611419606

Economic Globalization and Convergence in Labor Market Regulation: An Empirical Assessmentt

Publisher: Oxford University Press (OUP)

Date: 07-2012

DOI: 10.5131/AJCL.2011.0028

Work Choices in overview: big bang or slow burn?

Publisher: Cambridge University Press (CUP)

Date: 05-2006

DOI: 10.1177/103530460601600203

Abstract: The Work Choices legislation represents a concerted attempt to tilt the balance of labour regulation in favour of employers. It does this by allowing them to offer agreements that reduce or eliminate award or statutory entitlements, by making it harder for both workers and unions to contest management decisions, and by sidelining the Australian Industrial Relations Commission. It also seeks to ‘move towards’ a national system of regulation by providing that the majority of employers will be exclusively subject to federal rather than State regulation, at least for some purposes. Yet for all the radical nature of many of the changes, this is not the ‘big bang’ it might have been. Many features of the old arbitration system have been retained and there are genuine compromises at the heart of some of the changes. It also remains to be seen just how quickly employers will move to exploit the opportunities the new legislation offers, given its complexity, opposition from unions, and indeed the natural pragmatism or conservatism of many managers — and whether this will prompt further intervention by a government that appears uncomfortable with leaving it to employers to make their own choices.

Multinational human resource management and the law: common workplace problems in different legal environments

Publisher: Edward Elgar Publishing

Date: 30-09-2013

DOI: 10.4337/9781781004128

Job loss

Publisher: Edward Elgar Publishing

Date: 31-07-2015

DOI: 10.4337/9781781000137.00016

Fair Work Australia: the Commission reborn?

Publisher: SAGE Publications

Date: 11-2011

DOI: 10.1177/0022185611419600

Abstract: Fair Work Australia is a new institution created in 2009 to perform a range of functions under the Fair Work legislation – although it is far from the ‘one-stop shop’ that Labor had originally promised. It has much in common with the body it principally replaced, the Australian Industrial Relations Commission, not least in terms of its personnel. Yet, at the same time, it has the freedom to operate in ways that have more in common with two other antecedents, the Workplace Authority and the Australian Fair Pay Commission. This article explores the character of the new agency and the processes it has chosen to adopt for four key functions: the approval of enterprise agreements the resolution of unfair dismissal claims wage fixation and the setting and variation of minimum standards.

Regulating for decent work experience: meeting the challenge of the rise of the intern

Publisher: Wiley

Date: 12-2016

DOI: 10.1111/ILR.12013

COVID-19 and the Future of Labour Research, Policy and Regulation

Publisher: Informa UK Limited

Date: 04-03-2022

DOI: 10.1080/10301763.2021.1894634

Regulating the Fairness of Work Contracts in the Gig Economy

Publisher: SAGE Publications

Date: 11-10-2023

DOI: 10.1177/0067205X231205049

Regulating work in the gig economy: What are the options?

Publisher: Cambridge University Press (CUP)

Date: 09-2017

DOI: 10.1177/1035304617722461

Abstract: Paid work associated with digital platform businesses (in taxi, delivery, maintenance and other functions) embodies features which complicate the application of traditional labour regulations and employment standards. This article reviews the extent of this type of work in Australia, and its main characteristics. It then considers the applicability of existing employment regulations to these ‘gig’ jobs, citing both Australian and international legislation and case law. There is considerable uncertainty regarding the scope of traditional regulations, minimum standards and remedies in the realm of irregular digitally mediated work. Regulators and policymakers should consider how to strengthen and expand the regulatory framework governing gig work. The article notes five major options in this regard: enforcement of existing laws clarifying or expanding definitions of ‘employment’ creating a new category of ‘independent worker’ creating rights for ‘workers’, not employees and reconsidering the concept of an ‘employer’. We review the pros and cons of these approaches and urge regulators to be creative and ambitious in better protecting the minimum standards and conditions of workers in these situations.

Frustrated contracts and statutory adjustment: The case for a reappraisal

Publisher: Cambridge University Press (CUP)

Date: 03-1992

DOI: 10.1017/S0008197300016779

Abstract: The principle of frustration of contracts, so succinctly stated by Lord Radcliffe in Davis Contractors Ltd. v. Fareham U.D.C. , is now well settled and accepted in both Britain and Australia. Its difficulty lies mainly in its application to particular facts, for opinions may sensibly differ as to whether a given contract is frustrated. Of course it can be conceded that some aspects of the doctrine still raise interesting matters of principle, such as the idea that frustration must not be self-induced. But overall the doctrine itself engenders a certain feeling of contentment.

WorkChoices and independent contractors: The revolution that never happened

Publisher: Cambridge University Press (CUP)

Date: 05-2008

DOI: 10.1177/103530460801800207

The New Unfair Dismissal Jurisdiction in South Australia

Publisher: SAGE Publications

Date: 09-1986

DOI: 10.1177/002218568602800304

Abstract: The transition in the South Australian jurisdiction over unfair dismissals has generated issues that challenge the future and directions of employment protection in Australia. The new provision, with its key remedial power of compensation in liett of reinstatement or re-employment, has in its practical operation approached far closer to the British model of statutory employment rights than any of its counterparts in the other states, and has further proved sufficiently flexible to generate entitlements to redundancy payments in a novel way. Many of the legal points raised in the decided cases to date reflect important aspects of definition, interaction with otherjurisdictions and employ ment policy generally these include the definition of dismissal, the effect of alternative remedies on an unfair dismissal claim, the taxation of compensation awards and the significance of this type of legislation as a source of procedural (if not always substantive) fairness.

University Of Adelaide

Location: Australia

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Linkage Projects - Grant ID: LP0454351

Start Date: 02-2004

End Date: 12-2010

Amount: $70,668.00

Funder: Australian Research Council

The Award Safety Net Of The Australian Industrial Relations Commission

Start Date: 2004

End Date: 2006

Funder: Australian Research Council

Changing Workplaces: Redefining The Role Of Industrial Tribunals In Australia

Start Date: 2014

End Date: 2016

Funder: Australian Research Council

Working The Gig Economy: The Organisation Of Digital Platform Work

Start Date: 2018

End Date: 2020

Funder: Australian Research Council

Linkage Projects - Grant ID: LP140100696

Start Date: 02-2015

End Date: 12-2018

Amount: $117,000.00

Funder: Australian Research Council

Work Experience: Labour Law At The Intersection Of Work And Education

Start Date: 2015

End Date: 2020

Funder: Australian Research Council

Discovery Projects - Grant ID: DP150104516

Start Date: 02-2015

End Date: 06-2022

Amount: $207,200.00

Funder: Australian Research Council

Comprehensive Free Access To Australian Industrial And Workplace Law

Start Date: 2017

End Date: 2018

Funder: Australian Research Council

Linkage Infrastructure, Equipment And Facilities - Grant ID: LE170100099

Start Date: 04-2017

End Date: 12-2018

Amount: $450,000.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP180101191

Start Date: 05-2018

End Date: 12-2023

Amount: $250,219.00

Funder: Australian Research Council