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Fair Work Legislation 2014


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Stewart's Guide To Employment Law, 4th Edition

by: Victoria Lambropoulos, Mark Rinaldi, Rohan Millar

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Retail Price: $145.00

Publisher: Thomson Reuters,27.08.14

Category: Employment + IR Level: B/I/A

ISBN: 0455233861
ISBN13: 9780455233864

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Description

Fair Work Legislation 2014 comprises the Federal Workplace legislation including the Fair Work Act 2009 and Regulations, Independent Contractors Act and Regulation and Paid Parental Leave Act 2010 and Rules and associated Acts and legislation, capturing the latest amendments up to 18 July 2014.

Designed for use by practitioners, HR, Unions, Employer and Professional Associations, business professionals and anyone with an interest in fair work legislation, the Fair Work Act 2009 is supplemented with key section annotations. Their section specific commentary notes provide additional guidance for the most important provisions. In addition, in the "Year in Review" feature, discusses significant developments since July 2013.

Features

- Consolidated version of the core federal workplace legislation in one handy volume.
- Details of any future commencements (ie post 18 July 2014)
- Modification and application notes

that capture modifications found in other statutes and instruments which affect the operation of, but do not amend, the legislation
- Cross-references indicating where a particular regulation or rule affects a section of the Fair Work Act 2009
- Editor's notes providing information about transitional, application and savings provisions and notification of amendments which have received assent but which commence on a future date

This year's edition of Thomson Reuters Fair Work Legislation 2014 sees the future commencement provisions from last year become a legislative and industrial reality. Perhaps the most notable and closely watched among these are the new anti-bullying provisions which commenced operation on 1 January 2014. These are now annotated to keep practitioners abreast of this rapidly developing jurisdiction. As well a chapter on the anti-bullying provisions by Victoria Lambropoulos is included in the 2014 edition.

Other legislative changes wrought by the Fair Work Amendment Act 2013 - including changes to right of entry and the provisions allowing consent arbitrations of adverse action dismissal disputes and unlawful termination claims - are now law, and included in the new edition of the book.

New cases in the area of workplace rights and adverse action, including the ongoing judicial debate over the breadth of workplace rights - particularly complaints or enquiries in relation to employment - continue to be the subject of expert commentary by the General Editors. These include Rowland v Alfred Health [2014] FCA 2 - complaint about a superior's competence is not a matter "in relation to employment" (at [37]) - doubted by the subsequent decision in Walsh v Greater Melbourne Cemeteries Trust (No 2) [2014] FCA 456 at [44], and see the discussion in Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271 at [631].

So too do new cases in the unfair dismissal jurisdiction, including the vexed issue of serious misconduct, in particular in the emerging areas of social media conduct (eg: Little v Credit Corp Group Limited [2013] FWC 9642) and elder and patient abuse (eg:

Bolden v Lyndoch Living Inc [2014] FWC 3259, Hutchinson v Monash Health [2014] FWC 1860).

And the impending resurrection of the Australian Building and Construction Commission by the Coalition government will be likely to generate more workplace relations litigation in the construction industry. All of this against the background of the prosecutions of former Health Services Union personnel and the ongoing Heydon Royal Commission into trade union activities and corruption.

These are interesting times in workplace relations in Australia, and practitioners, HR, Unions, Tribunals and Employer and Professional Associations continue to turn to the Thomson Reuters Fair Work Legislation as their primary reference of choice.