• Publication Date: July 28, 2016
  • EAN: 9781760020552
  • 1248 pages; 6" x 8⅝"
Filed Under: Labour & Employment

Creighton & Stewart’s Labour Law


Product Description

The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia’s complex system of labour regulation.

The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.

A particular feature is the coverage of the Productivity Commission’s 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission’s changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.

The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.

As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of ‘regulation’ in general, and labour regulation in particular.

Creighton & Stewart’s Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.

Table of Cases
Table of Statutes

Part 1 – General Concepts

Labour Law: A Regulatory Perspective
The Evolution of Australian Labour Law
International Standards and Australian Labour Law

Part 2 – Coverage and Institutions

The Constitutional Framework
The Scope of the Federal System
Institutions and Participants

Part 3 – Work Relationships

Categorising Work Relationships
Creating an Employment Contract
Special Types of Work

Part 4 – Employment Conditions

Sources of Employment Obligations
The National Employment Standards
Modern Awards
Enterprise Agreements
Working Time and Leave
Performance and Control
Work Health and Safety
Enforcement of Employment Obligations
Employment Discrimination and the General Protections
Other Unfair Work Practices

Part 5 – Termination of Employment

Termination of Employment
Remedies for Wrongful or Unfair Termination

Part 6 – Collective Bargaining and Industrial Action

Trade Unions and the Right to Organise
Collective Bargaining under the Fair Work Act
Industrial Action
Protected Industrial Action
Industrial Regulation in the Building and Construction Industry


Andrew Stewart has been writing in the field of industrial law for many years … Included in [the] coverage is significant discussion arising from the Productivity Commission’s 2015 report on the workplace relations system. There is also commentary (some critical) on the development of new case law, and the underlying concepts. As in previous editions, an excellent history of the development of industrial law since federation is included. … it is clear that this text will continue to be the standard reference for industrial practitioners in this increasingly complex area of law. Read review… – John McDonald, Law Letter, Law Society of Tasmania, Autumn 2017

The work is truly comprehensive and ranges from a discussion of historical and theoretical perspectives through to detailed treatment of all of the specific areas of employment and industrial law likely to be of interest to students and practitioners alike. It is a “go-to” text which can serve to assist practitioners to gain a level of understanding of a particular area of controversy in order to progress their own research. … Creighton & Stewart’s Labour Law deserves to endure for many more editions. Read review… – Gavin Rebetzke, Hearsay, November, 77

Creighton & Stewart’s Labour Law has been the leading work in the field of Labour Law for more than a quarter of century. It is rightly seen as the “authoritative text” in the area as is evidenced by its frequent citation by Courts, Commissions and Tribunals. This edition still bears the name of Breen Creighton even though he has now stepped down as an author. That said his careful and meticulous scholarship will continue to influence the work well into the future. Despite a period of relative industrial calm over the past five years (when compared to the previous five), this work fills a much needed gap in the literature in this area, particularly as industrial relations law continues to develop at a rapid pace. This sixth edition is substantially different to the fifth with the authors engaging in some radical restructuring and updating to deal with the many legislative amendments which have taken place, in particular to the Fair Work legislation. As is appropriate given the pace of legislative change, the work also deals with the raft of proposed amendments which are likely to pass in the next year or so. The restructuring of the work involves both the division of some previous chapters as well as the amalgamation of others. A unique addition to this edition is the attention given to the Productivity Commission’s 2015 report on the workplace relations system. A good deal of considered discussion concerns the Commission’s assessment of the existing regulatory regime and its recommendations for future change. There are also useful discussions of the Heydon Royal Commission into Trade Union Governance and Corruption and the changes to the award system introduced by the Fair Work Commission. As has been the case with earlier editions of this fine work, the authors make extensive reference to the myriad of new authorities emanating from the various tribunals and courts covering the many and varied topics within the scope of this area of law. Its bibliography is resplendent with many useful references to additional sources of research…. it is a necessity for anyone practicing in the area. – Queensland Law Reporter – 12 August 2016 – [2016] 31 QLR

The sixth edition of Australia’s IR bible, Labour Law, is now available.? Authored by Andrew Stewart, Anthony Forsyth, Mark Irving, Richard Johnstone and Shae McCrystal, the 1248-page book is the first update since 2010. Among many recent developments in Australia’s labour regulation system covered are the Productivity Commission’s 2015 report on workplace relations, the Fair Work Commission’s changes to the modern award system, the Heydon Royal Commission and policy proposals released during the 2016 election campaign. – Workplace Express, August 2016

Reviews of previous editions:

New IR bible now available. The fifth edition of Australia’s IR bible, Labour Law, by Professors Breen Creighton and Andrew Stewart, is now available. The 1,000-page book, published by Federation Press, has been substantially restructured and updated to deal with the abolition of Work Choices and the introduction of federal Labor’s Fair Work laws, as well as the other significant changes to labour regulation in Australia over recent years. It includes a detailed analysis of the NES, modern awards, the new enterprise bargaining regime, general protections against discriminatory or wrongful treatment at work, and the revamped unfair dismissal system. – Workplace Express, October 2010

This edition makes significant modifications to the 2000 edition to take fuller account of of the issues arising from the changing industrial relations environment and the growing importance of enterprise bargaining and AWAs. … [T]he book also looks ahead to the likely changes arising from the foreshadowed workplace reforms. … The authors are unduly modest in their claims. … [Provide an overview and general background, a concise but sophisticated account of the major legal principles, commentary and references] they certainly do and more, with great clarity and in language intelligible to the lay person. The arrangement of the subject matter in each chapter adds to the ease of its comprehension, while the treatment of the historical and contemporary context gives life to the law. The authors do not impose their values on the reader on many controversial issues but leave the reader with ample material to form their own judgment one way or another. This edition more than its predecessor will be an invaluable source as a text or reference not only to law students but also to practitioners and those studying industrial relations who lack a legal background. Welcome to the Fourth Edition… – Labour & Industry, April-May 2006

This is a unique and comprehensive review of industrial relations in Australia to date. The chapters with practical application are welcome as is the consideration given to other topical issues such as security of employee entitlements. It is well worth updating your personal or institutional library to include the fourth edition of Labour Law. – Journal of Industrial Relations, December 2005

The latest edition of Labour Law provides a thorough overview of Australia’s industrial system as well as examining a number of contemporary issues relating to the world of work. This edition provides a useful overview of recent developments relating to protection of employee entitlements in the case of corporate insolvency, the type of matters that can now be included in enterprise bargaining agreements, a more detailed discussion of the intricacies associated with the bargaining process itself as well as emerging statutory remedies for unfair employment practices. … Labour Law remains an enormously valuable tool that provides a clear analysis of Australia’s industrial system as well as providing information on the emerging trends and challenges in regulating the modern day employment relationship. – Worksite, May 2005

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