The modern contract of employment / Ian Neil, David Chin, Christopher Parkin.

Pyrmont, N.S.W. : Lawbook Co., 2023.

3rd edition

201597

Labor contract -- Australia.

Labor laws and legislation -- Australia.

Industrial relations -- Australia.

1. 0Identifying a contract of employment

2. Identifying the employer

3. Formation

4. Variation

5. Express terms

6. Implied terms

7. The fiduciary obligation of loyalty

8. Confidential information

9. Suspension

10.Termination

11. Restraints of trade

12. Collective agreements

13. Contractual remedies.

The Modern Contract of Employment is written by practitioners, for practitioners, and sets out what the Australian law is and where to find it. It is cited by the High Court, the Federal Court of Australia, the Victorian Court of Appeal, the Supreme Court of NSW, the Federal Circuit Court, the Full Bench of the Fair Work Commission and the Workers Compensation Commission of NSW. Leading employment law experts Ian Neil SC, David Chin SC and Christopher Parkin have updated their landmark Australian text. The Third Edition has been thoroughly reviewed and updated to reflect the evolution of the contract of employment, stating the law as at 1 June 2023. New developments in the work include: Chapters 1 and 2 are substantially revised to reflect: the new approach to interpreting and identifying a contract of employment introduced by the High Court in WorkPac Pty Ltd v Rossato; Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd; and ZG Operations Australia Pty Ltd v Jamsek; the common law distinction between casual and permanent employment as settled by the High Court in Rossato; and the implications of Rossato, Personnel Contracting, and Jamsek for identifying the parties to a contract of employment, including labour hire and other tripartite arrangements; Chapter 7 is revised in light of Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited; a new section on “sham” contracts; the latest cases dealing with the employer’s ability to “set off” award obligations; and the High Court’s clarification of the proper basis for implied terms in informal contracts in Realestate.com.au v Hardingham. The authors’ sharp, clear and incisive analysis is made accessible for barristers, solicitors, academics and students by a succinct and expository style. Focusing specifically on the law of employment contracts, it offers in-depth analysis of the modern common law of the contract of employment, written in a concise way that aims to provide answers, not more questions. - Publisher’s website.

Includes bibliographical references and index.

9780455502663

lxxxii, 395 pages ; 23 cm