Macken's Law of Employment 8e

For over 30 years, students, academics and professionals have relied on Macken’s Law of Employment as Australia’s most respected work in employment law. This 8^th edition continues in that tradition. Authored by a distinguished team of experts, the scholarly commentary provides reliable guidance on all aspects of employment law. In recognition of the extensive influence of the Fair Work Act 2009 (Cth) on the rights and responsibilities of employers and employees, this edition organises chapters into two parts – the first dealing principally with a thorough analysis of common law principles applying to the employer-employee relationship, and the second with the statutory provisions governing employment, although always with careful attention to the intersections and overlaps between common law and statute.

Major developments incorporated into the 8th edition include:

• Comprehensive revisions to include all statutory and case law developments affecting the law governing employment relationships.
• Revisions acknowledging the significant impact of the High Court decision in Commonwealth Bank of Australia v Barker on the common law of employment contracts in Australia.
• A new chapter dedicated specifically to work health and safety.
• Expansion of the analysis of statutory remedies for unfair dismissal and breaches of the Fair Work General Protections.
• Inclusion of more detailed information on terms and conditions of employment set by modern awards and enterprise agreements, and the interplay of legislative instruments with contract terms.
• A new section on taking protected industrial action under the Fair Work Act, in the chapter which continues to provide the most extensive commentary on industrial torts.
• A revised chapter on discrimination law as it affects employment.

The objective of this book, and undeniably its greatest strength, is to provide expert and up-to-date commentary on this continually evolving area of law. It is an essential tool for those studying or working in employment law.

 INTRODUCTION

1. Employment law in an Age of Statutes

PART 1 – The Employment Contract

2. The Relationship of Employer and Employee
3. Labour Hire
4. Formation of Employment Contracts
5. Contractual Duties During the Employment
6. Duties of care and workplace safety
7. Suspension and stand-down
8. Terminating the Contract of Employment for Breach
9. Other Modes of Termination of the Contract of Employment
10. Remedies – Actions for Wages or Damages
11. Injunctions and Declarations

PART 2 – Statutory workplace rights and Obligations

12. Conditions of Employment
13. Statutory Protection for Job Security
14. Industrial Actions
15. Anti-discrimination law