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ISBN: 9780195568813

Published: 6 Jan 11

Availability: 326




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The Law of Work

Second Edition

Rosemary Owens, Joellen Riley, Jill Murray

Written by leading academic labour lawyers, The Law of Work, now in its second edition, presents a principled approach to its subject matter and offers a re-evaluation of the nature, scope, and importance of employment and labour law. It continues to be the most insightful, critical and up-to-date text in this area.

The book reflects the authors’ conviction that social and economic context is of critical importance to an understanding of the law. Its major themes of contract and co-operation, work and social citizenship, and freedom of association provide the basis for the analysis and critique of the most significant tribunal decisions, cases, and legislative provisions.


All chapters have been updated to include analysis of major new case law and other significant developments in the international arena since the first edition

Incorporates discussion and analysis of the changes introduced by the Fair Work Act 2009 (Cth), including particular attention to the following areas:

A new Chapter 7 discussing the new National Employment Standards, and the new system of modern awards and wage determination

Incorporation and analysis of the new adverse action provisions of the way they intersect with anti-discrimination law

The new provisions relating to security of employment, including unfair dismissal and redundancy

New freedom of association provisions

The new bargaining regime is comprehensively explained in Chapter 11. This chapter now also covers the statutory regulation of industrial action (formerly dealt with in chapter 12).

A new Chapter 12 deals with Workplace Dispute Resolution under Fair Work, and enforcement of workplace laws

Part 1: Work, Law and Context
1. The Law of Work
2. The Law of Work in the Global Era
3. Australian Law of Work in Transition
4. The Subject of the Law of Work

Part 2: Contract and Cooperation
5. Work Relations and the Limits of Contract
6. Rights and Responsibilities under Contract

Part 3: Standards and Rights
7. Work Standards
8. Equality and Diversity at Work
9. Security at Work

Part 4: Freedom of Association
10. Freedom of Association at Work
11. Collective Bargaining

Part 5: Dispute Resolution and Enforcement
12. Dispute Resolution and Enforcement

Extended contents available in the book

Professor Rosemary Owens – Professor, School of Law, The University of Adelaide and an Officer of the Order of Australia

Joellen Riley – Professor of Labour Law, Sydney Law School, The University of Sydney

Jill Murray – Associate Professor, School of Law, La Trobe University