Employment and industrial relations

Floyd, Louise (2006) Employment and industrial relations. In: Turner, Clive, (ed.) Australian Commercial Law. Australian Commercial Law, 2007 . Lawbook, Pyrmont, NSW, pp. 783-807.

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Abstract

[Extract] The purpose of this chapter is to provide a basic understanding of Australian industrial law. Australian industrial (or employment) law is unique and draws on a number of sources, namely, statutes; cases; awards laid down by the Australian Industrial Relations Commission; and agreements and bargains agreed to by the parties to the employment relationship. Additionally, there have always been State labour jurisdictions and specialist statutes on matters such as public service employment and discrimination law.

The chapter has been written during a state of flux that labour law in this country has not seen since it was first established about 100 years ago. In March 2006, the Work Choices amendments to the Workplace Relations Act 1996 (Cth) became operative. These changes herald a fundamental systemic shift in the way in which employment and labour law operates. They aim to make the area far more individualistic and dependent on agreements privately made between the parties to the employment relationship. As such, the amendments aim to lessen the role of the Industrial Commission and trade unions—in essence, they endeavour to deregulate the law. They also aim to subsume or abolish the State systems and usher in a single national unitary system of industrial relations.

Item ID: 10029
Item Type: Book Chapter (Reference)
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ISBN: 978-0-455-22376-6
Date Deposited: 02 Dec 2010 22:54
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 100%
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