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For over 30 years, students, academics and professionals have relied on Macken’s Law of Employment as one of Australia’s most respected works in employment law. This 7th edition continues in that tradition. Authored by a distinguished team of experts, the carefully selected topics and case extracts along with the scholarly commentary ensure reputable guidance on common law and equitable principles as they affect contracts of employment.
Major developments incorporated into the 7th edition include:
- Comprehensive revisions to include all developments concerning termination of employment, including both common law and statutory provisions.
- A new chapter dedicated to the relationship between the Fair Work Act 2009 (Cth) and employment contracts.
- Revisions to recognise the enactment of the Competition and Consumer Act 2010 (Cth).
- Incorporation of important new case law.
- Discussion of the significant reform at the federal level of statutory rights in the areas of unfair dismissal, protection of workplace rights, freedom of association and the right to participate in lawful industrial activities. This discussion will assist students and practitioners alike in sifting through the prolific range of causes of action now available under the federal regime.
- A recognition of the increasing reach of the federal regime, following the referral of powers over industrial relations by all States other than WA, making it crucial for readers to be across the federal law.
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.
For a commentary specifically on the Fair Work system, see also Navigating the Fair Work Laws by Forsyth, Gostencnik, Parker & Roach (Nov 2010).
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From: (2012) 86 ALJ 277 - Australian Law Journal
Reviewed by Mr Justice P W Young
Employment law or, as it was once called, the law of master and servant, is basically contract law with adaptations overlaid by industrial statutes. However, despite the truth of that observation, there are enough adaptations to require a work dealing exclusively with the subject and the present book is the classic in its field in Australia.
The present edition comes only three years after the previous edition. The authors say, and one tends to believe them, that this is because the "Fair Work" regime introduced by the federal Labor Government has made sufficiently major adjustments to the statute law to justify it. However, it is noteworthy that in the authors’ preface, they say:
Despite the enormous changes in the short period since the last edition, it is still remarkable that the common law of employment has proved so resilient in the face of continuing legislative change in the 33 years since the first publication of the Law of Employment 1978.
The Journal favourably reviewed previous editions in (1984) 58 ALJ 580, (1990) 64 ALJ 804 and (2009) 83 ALJ 566.
The book contains 16 chapters which cover the basic common law governing contracts of employment plus how the current industrial laws impact on those principles and modify or expand the rights and obligations existing at common law. The concluding chapter is how anti-discrimination law impacts on employment relationships.
Although the book covers a large area of the law, it does also deal with particular aspects of the subject in some detail. For instance, it not only treats the matter of what restrictions can be placed on employees after they leave the employment, it also does so rather well.
This book really needs to be on the shelf of almost every practising lawyer as it would be odd if at least some time during the year each lawyer did not have a problem in this area of the law.
Table of Contents
2. The Relationship of Employer and Employee
3. Vicarious Employment
4. Formation of a Contract of Employment
5. Performance of the Contract of Employment
6. The Employment Relationship and Statutory Restrictions (new)
7. Suspension and Stand Down
8. The Employer’s Right to Terminate the Contract of Employment
9. Other Modes of Termination of the Contract of Employment
10. Injunction and Declaration
11. Remedies: Actions for Wages or Damages
12. Statutory Remedies
13. The Contract of Employment and Third Parties
14. Industrial Torts
15. Unfair Work Contracts
16. Discrimination Laws (new contributor).