1. Employment Law: An Introduction. The Purpose of Employment Laws; Employment Regulation in Australia; Sources of Employment Law; Regulatory Bodies; Getting Information about Employment Laws -- 2. The Development and Coverage of Employment Laws in Australia. Development of Australian Employment Laws; The Work Choices Reforms; The Fair Work Legislation; The Scope of the ‘National’ System; Application of State and Territory Laws -- 3. Who is an Employee? Why Employment Status Matters; Distinguishing Employees from Contractors; Avoiding or Disguising Employment; The Tax System; The Independent Contractors Legislation -- 4. Special Types of Employment. Casual Employment; Homeworkers and Outworkers; Agency Labour; Trainees and Apprentices; Public Sector Employment; Voluntary Work -- 5. Creating an Employment Relationship. Controls on Hiring; Provision of Information; Formation of Employment Contracts -- 6. The Terms of an Employment Contract. Individual Contract Terms; Effect of Awards, Agreements and Statutes; Review of Unfair Work Contracts -- 7. Minimum Standards: The NES and Awards. Development of Minimum Standards; The National Employment Standards; The Modernisation of the Award System; Modern Awards under the Fair Work Act; State Awards -- 8. Enterprise Agreements. Options under the Federal System Making an Enterprise Agreement; Regulating the Bargaining Process; Content of Agreements; Variation and Termination; Effect of Enterprise Agreements; Transitional Arrangements for Pre-Fair Work Act Agreements; State Agreements; Unregistered Collective Agreements -- 9. Dispute Resolution and Enforcement of Employment Laws. Introduction; Dispute Resolution in the Federal System; Compliance and Enforcement under the Federal System; The State Systems; Enforcing the Employment Contract; Insolvency and Employee Entitlements -- 10. Remuneration. Types of Remuneration; Wage Fixation; Minimum Wages for National System Employees; Minimum Wages for Other Workers; Pay Equity; Earning Remuneration; Payment of Wages; Superannuation -- 11. Working Hours and Leave. Working Hours; Public Holidays; Annual Leave; Personal Leave; Parental Leave; Long Service Leave; Community Service Leave; Other Forms of Leave -- 12. Control, Performance Management and Discipline. The Employee’s Duties; The Employer’s Duties; Performance Management and Discipline -- 13. Loyalty, Confidentiality and Privacy. Loyalty During the Employment Relationship; Post-Employment Duties; Post-Employment Restraints; Protecting Whistleblowers; Confidentiality and Privacy: The Employer’s Obligations -- 14. Discrimination and Victimisation. Anti-Discrimination Laws; The ‘General Protections’ under the Fair Work Act; Other Protections against Victimisation -- 15. Workplace Safety. Work Health and Safety Laws; Workers Compensation; Common Law Liability for Workplace Injuries -- 16. Termination of Employment Contracts. Introduction; Duration and Expiry of Employment Contracts; Termination on Notice; Summary Termination; Constraints on Unilateral Termination; Termination by Agreement; Termination by Operation of Law; Entitlements on Termination; Redundancy; Effect of Insolvency on Employment Contracts; Transfer of Employment -- 17. Remedies for Wrongful or Unfair Termination. Remedies for Employers; Remedies for Employees; Common Law Actions for Wrongful Dismissal; Evolution of Unfair Dismissal Laws; Unfair Dismissal Claims under the Fair Work Act; Unlawful Termination; State Unfair Dismissal Laws; Other Remedies -- 18. Industrial Action. Introduction; The Position at Common Law; Sanctions under the Fair Work Act; Sanctions under Other Legislation; Protected Action.
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