The changing nature of common law employment contract

Holm, Eric (2008) The changing nature of common law employment contract. In: Australasian Law Teachers Association 63rd Annual Conference: the law, the environment, Indigenous peoples: climate for change?. p. 112. From: 2008 Australasian Law Teachers Association Conference: the law, the environment, Indigenous peoples: climate for change?, 6-9 July 2008, Cairns, QLD, Australia.

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Abstract

While some of the common law duties relating to the employment relationship are governed by statute, other common law duties remain points of contention particularly following the recent unravelling of the work choices framework. Despite the best intentions of the government, at the time, it would seem that many of the core positions undertaken under the work choices framework, represented key positions rather than suggested guidelines. 14 Interestingly it had most application to those parties which were not regulated by an industrial instrument that stipulates the conditions and remuneration of employment.

Despite the development of a more regulatory legislative framework as it relates to the employment contract, in a climate where the negotiation of independent contracts of employment are becoming increasingly desirable, the need to ensure compliance with the underlying common law principles of contract and the overarching restraint introduced by legislative enactments make the employment contracts increasingly difficult to draft. The change from the Workplace Relations Act toward the Federal Government 'work choices' amendments arguably removed many of the elements of 'command and control'15 in terms of regulatory philosophy. However, what remains uncertain is the short term future climate for employment contracts given the recent unravelling of the work choices framework.

Item ID: 27967
Item Type: Conference Item (Abstract / Summary)
ISBN: 978-0646-49497-5
Keywords: employment, labour law
Date Deposited: 29 Jul 2013 06:29
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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