LAW EXTENSION COMMITTEE
UNIVERSITY OF SYDNEY
21 INDUSTRIAL LAW SUBJECT GUIDE
SUMMER SESSION 2006-07
Course Description and Objectives
Teachers
Assessment
March 2007 Examination
Lecture Program
Weekend School 1 and 2
Texts and Materials
Prescribed Topics and Course Outline
Assignment
Assignment Questions
1
1
1
1
2
2
2
3
10
10
1
LAW EXTENSION COMMITTEE
SUMMER 2006-07
21 INDUSTRIAL LAW
COURSE DESCRIPTION AND OBJECTIVES
Industrial law, or the law of employment, is the body of law that regulates the relationship between
employers and employees, employers and trade unions, and trade unions and employees.
The Industrial Law course is a general introduction to industrial law, having the primary objective of
introducing students to the system of conciliation and arbitration and collective bargaining which
operates in Australia, and the common law contract of employment.
A secondary objective of the course is to introduce students to the law (both common law and statute)
governing industrial organisations, in particular to trade unions and industrial action.
These objectives will be attained by an analysis of decisions of the relevant courts and tribunals, and
statutory provisions. Students will also be expected to consult the academic literature referred to in
the course outline.
TEACHERS
Mr A T Britt, BSc, LLB (Hons) (Syd)
Anthony Britt is a Barrister practising in Industrial Law before both Federal and State Industrial
Tribunals. He holds the degrees of Bachelor of Science and Bachelor of Laws from the University of
Sydney, and held the Lionel Murphy Scholarship in 1988 and 1989.
Mr M Gibian, BA (Hons), LLB (Hons) (Syd)
Mark Gibian is a Barrister practising in Sydney primarily in employment and industrial law. He holds
the degrees of Bachelor of Arts (Honours) and Bachelor of Laws (Honours) both from the University of
Sydney.
ASSESSMENT
To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and
learning program, the first step of which is to ensure that you have registered online with the LEC in
each subject for which you have enrolled with the Board. This gives you access to the full range of
learning resources offered by the LEC.
Then, students must achieve a satisfactory result (at least 50%) in each subject where a compulsory
component is prescribed.
To register with the LEC, go to www.usyd.edu.au/lec and click on the WEBCAMPUS link and follow
the instructions. Detailed guides to the Webcampus are contained in the material distributed by the
LEC, in the Course Information Handbook, and on the Webcampus.
MARCH 2007 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics: The Workplace
Relations System; Contract of employment; Trade unions and Strikes and industrial action.
Candidates are expected to have achieved a thorough knowledge and understanding of the
prescribed topics, and a capacity to demonstrate mastery of these by reference to the prescribed text,
the prescribed statutes, and the cases and statutory provisions referred to in the Law Extension
Committee's course outline.
The examination in Industrial Law will consist of six questions, in either problem or essay form, of
which four must be answered. All enquiries regarding examinations should be directed to the Legal
Profession Admission Board.
2
LECTURE PROGRAM
Lectures in Industrial Law will be held on Mondays from 6 pm until 9 pm. For the first 6 weeks
(between 13 November to 18 December 2006) lectures will be held in the Eastern Avenue Seminar
Room 310 (EASR 310) and after the study break, lectures (from 8 January to 12 February 2007) will
be held in Chemistry Lecture Theatre 1 (ChLT 1). A map of the University of Sydney’s main campus
showing the locations of these lecture theatres is included at the back of the Course Information
Handbook.
NOTE: The study break is from Saturday 23 December 2006 to Sunday 7 January 2007.
WEEKEND SCHOOLS 1 AND 2
There are two weekend schools primarily for external students. Lecture students may attend but
should be aware that weekend school classes aim to cover the same material provided in weekly
lectures and are primarily for the assistance of external students. Please note that it may not be
possible to cover the entire course at the weekend schools.
First Weekend School
Second Weekend School
Friday 1 December 2006, 5.00pm - 9.00pm;
Eastern Avenue Seminar Room 311
Sunday 3 December 2006, 4.00pm - 8.00pm;
Eastern Avenue Seminar Room 311
Friday 2 February 2007, 5.00pm - 9.00pm;
Eastern Avenue Seminar Room 311
Sunday 4 February 2007, 4.00pm - 8.00pm;
Carslaw Lecture Room 408
TEXTS AND MATERIALS
Course Materials
 Guide to the Presentation and Submission of Assignments (available on the LEC Webcampus)
Prescribed Statutes
 Industrial Relations Act 1996 (NSW)
 Workplace Relations Act 1996 (Cth)
(Either Government Printers Copy or CCH edition of above statutes.)
Reference Books
 Creighton and Stewart, Labour Law: An Introduction, 4th ed. Federation Press, 2005
 Macken, O’Grady, Sappideen and Warburton, Law of Employment, 5th ed. Thomson , 2002
 Pittard and Naughton, Australian Labour Law: Cases and Materials, 4th ed. 2003
 Creighton, Ford and Mitchell, Labour Law: Materials and Commentary, 2nd ed. Thomson
Lawbook, 1993 (out of print - check the Law Library)
 Riley and Peterson, Work Choices: A Guide to the 2005 Changes, Thomson, 2006
 Australian Master Workplace Relations Guide: The Work Choices Edition, CCH, 2006
Useful websites
Once you have registered online with the LEC, you will have full access to all the facilities on the
Webcampus including links to relevant cases and legislation on the Course Materials section. Other
useful links include:
AustLII - Australian Legal Information Institute
Australian Industrial Relations Commission
Industrial Relations Commission
of New South Wales
Commonwealth Legislation
New South Wales Legislation
http://www.austlii.edu.au
http://www.airc.gov.au
http://www.lawlink.nsw.gov.au/lawlink/irc/ll_ir
c.nsf/pages/irc_index
http://www.comlaw.gov.au
http://www.legislation.nsw.gov.au
3
PRESCRIBED TOPICS AND COURSE OUTLINE
1.
WORKPLACE RELATIONS SYSTEM
Re Australian Education Union; Ex parte State
of Victoria (1995) 184 CLR 188
Creighton and Stewart, ch 4-10
(1)
Constitutional Background
(2)
The Federal System
(a) Conciliation and arbitration power
(a) The institutions
Constitution, s 51(xxxv)
Conciliation and Arbitration Act 1904 (Cth)
Industrial Relations Act 1988 (Cth)
Workplace Relations Act 1996 (Cth)
(aa) Australian Fair Pay Commission
Workplace Relations Act (Cth), pt 2
(ab) Australian Industrial Relations
Commission: Workplace Relations Act
(Cth), pt 3
(ac) The Employment Advocate: Workplace
Relations Act (Cth), pt 5
(ad) Workplace Inspectors: Workplace
Relations Act (Cth), pt 6
(ae) Federal Court of Australia: Workplace
Relations Act (Cth), pt 20
(b) Corporations power
Constitution, s 51(xx)
R v The Judges of the Federal Court of
Australia and another; ex parte The Western
Australian National Football League
(Incorporated) and another (1979-80) 143 CLR
190
State Superannuation Board v Trade Practices
Commission (1981-82) 150 CLR 282)
Actors & Announcers Equity Association v
Fontana Films Pty Ltd (1982) 150 CLR 169
Re Dingjan; ex parte Wagner (1995) 183 CLR
323
Victoria v Commonwealth (1996) 187 CLR 416
(b) Australian Fair Pay and Conditions
Standard
Workplace Relations Act (Cth), pt 7
(ba)
(bb)
(bc)
(bd)
(be)
(bf)
(c) External affairs power
Constitution, s 51(xxix)
Victoria v Commonwealth (1996) 187 CLR 416
(d) Other constitutional heads of power
(da) Constitution, s 51(i): trade and
commerce
(db) Constitution, s 51(ii): taxation
(dc) Constitution, s 51(vi): defence
(dd) Constitution, s 51(xxxix): incidental
power
(de) Constitution, s 52(ii): commonwealth
employees
(df) Constitution, s 122: territories
(e) Judicial/arbitral power and the tribunal
structure
R v Kirby: ex parte Boilermakers Society of
Australia (1956) 94 CLR 254
Re Dingjan; ex parte Wagner (1995) 183 CLR
323
(f)
Implied protection of the states
Queensland Electricity Commission v The
Commonwealth (1985) 159 CLR 192
Re Lee: ex parte Harper (1986) 160 CLR 430
(c)
Wages
Federal Minimum Wage
Maximum Ordinary Hours of Work
Annual Leave
Personal Leave
Parental Leave
Minimum Entitlement of Employees
Workplace Relations Act (Cth), pt12
(ca) Meal Breaks
(cb) Public Holidays
(cc) Equal Remuneration for work of
equal value
(d) Workplace Agreements
Workplace Relations Act (Cth), pt 8
(da) Types of Workplace Agreements:
AWAs, collective agreements and
greenfields agreements: div 2
(db) Pre-Lodgement Procedures and
Lodgement of Agreements: div 3-5
(dc) Operation of Workplace Agreements
and Persons Bound: div 6
(dd) Content of Workplace Agreements:
div 7
(de) Varying and Terminating Workplace
Agreements: div 8-9
McLennon v Surveillance Australia Pty
Ltd (2004) 139 IR 209
(df) Duress and Prohibited Conduct: div
10
4
Shanka v Employment National
(Administration) Pty Ltd (2000) 97 FCR
186
Hanley v Automotive, Food, Metals,
Engineering, Printing And Kindred
Industries Union (2000) 100 FCR 430
Canturi v Sita Coaches Pty Ltd (2002)
116 FCR 276
Industrial Relations Act 1996 (NSW)
Workplace Relations Act 1996 (Cth), s16
(e)
Workplace Determinations
Workplace Relations Act (Cth), pt 9 div 8
Industrial Relations Act 1996 (NSW), ch 2, pt 1
(f)
Awards
Workplace Relations Act (Cth), pt 10
(a)
Industrial Relations Act 1996 (NSW), ch 4
(b)
(c)
(fa) Allowable Award Matters: div 2
(fb) Preserved Award Entitlements: div 3
(fc) Award Rationalisation and Award
Simplification: div 4
(fd) Variation and Revocation of Awards:
div 5-6
(g) Preserved State Awards and
Agreements
Workplace Relations Act (Cth), Schedule
8
(h)
Dispute Resolution
Workplace Relations Act (Cth), pt 13
(3)
Limitations on the Scope of Awards
and Agreements
(a)
Parties bound by Awards and
Agreements and Transmission of
Business
Workplace Relations Act 1996 (Cth), s543
and pt 11
PP Consultants Pty Ltd v Finance Sector
Union (2000) 201 CLR 648
Minister for Employment and Workplace
Relations v Gribbles Radiology Pty Ltd (2005)
79 ALJR 679
(b) Matters Pertaining and Prohibited
Content
Workplace Relations Act 1996 (Cth), pt 8
div 7
Workplace Relations Regulations 2006
(Cth), p 8 div 7.1
Electrolux Home Products Pty Ltd v Australian
Workers Union (2004) 221 CLR 309
Wesfarmers Premier Coal Ltd v AMWU (No 2)
(2004) 138 IR 362
(4)
The New South Wales System
The Industrial Relations Commission
Awards
Enterprise agreements
Industrial Relations Act 1996 (NSW), ch 2, pt 2
(d) Industrial disputes
Industrial Relations Act 1996 (NSW), ch 3
(5)
Inconsistency of Federal and State
laws
Constitution, s 109
Workplace Relations Act 1996 (Cth), s16
Ansett Transport Industries (Operations) Pty
Ltd v Wardley (1980) 142 CLR 237
Metal Trades Industry Association of Australia
v Australian Metal Workers and Shipwrights
Union (1983) 152 CLR 632
Dao v Australian Postal Commission (1987)
162 CLR 317
(6)
(a)
Enforcement of Awards/Agreements
Penalties for breach
Workplace Relations Act (Cth), pt 14 div 2-3
Industrial Relations Act (NSW), ch 7, pt 1
(b) Recovery of wages
Workplace Relations Act (Com), pt 14 div 2
Industrial Relations Act (NSW), ch 7, pt 2
Ware v O'Donnell Griffin [1971] AR (NSW) 18
Kingmill Australia Pty Ltd v Federated Clerks
Union (2001) 106 IR 217
2.
STRIKES AND INDUSTRIAL ACTION
Creighton and Stewart, ch 18
Macken, McCarry and Sappideen, ch 13
(1)
The Right to Strike
International Covenant on Economic Social
and Cultural Rights, art. 8
5
National Workforce Pty Ltd v Australian
Manufacturing Workers Union [1998] 3 VR 265
(2)
Criminal liability
Crimes Act 1914 (Cth), ss 30J, 30K
Essential Services Act 1988 (NSW)
(3)
Protection from legal liability
(a)
Protected action
Workplace Relations Act 1996 (Cth), pt 9
Davids Distribution Pty Ltd v National Union of
Workers (1999) 91 FCR 463
Electrolux Home Products Pty Ltd v Australian
Workers Union (2004) 221 CLR 309
Wesfarmers Premier Coal Ltd v AMWU (No 2)
(2004) 138 IR 362
Re Minister for Employment and Workplace
Relations; Ex parte Australian Nursing
Federation (2006) 151 IR 244
Secretary of State for Employment v
Associated Society of Locomotive Engineers
and Firemen (No 2) [1972] 2 QB 455
Ansett Transport Industries (Operations) Pty
Ltd v Australian Federation of Air Pilots (1989)
95 ALR 211
(6)
Tort Liability
(a)
Contractual interference
Woolley v Dunford (1972) 3 SASR 243
DC Thomson & Co Ltd v Deakin [1952] 1 Ch
646
Ansett Transport Industries (Operations) v
Australian Federation of Air Pilots (1989) 95
ALR 211
(b) Conspiracy
(b) Other legislative protections
McKernan v Fraser (1931) 46 CLR 343
Williams v Hursey (1959) 103 CLR 30
Patrick Stevedores Operations (No 2) v MUA
(No 3) (1998) 195 CLR 1
Industrial Relations Act 1996 (NSW), ch 3, pt 3
(c)
(4)
Sanctions under the arbitration
systems
Rookes v Barnard [1964] AC 1129
(a)
Direct prohibition
Intimidation
(d) Picketing
Workplace Relations Act 1996 (Cth) ss419-421
and ss494-499
Coal & Allied Operations Pty Ltd v AFMEPKI
(1997) 73 IR 311
Australian Meat Industry Employees Union v G
& K O’Connor Pty Ltd (1999) 97 IR 251
Dollar Sweets v Federated Confectioners
Association of Australia [1986] VR 383
(e)
Justification
Ranger Uranium Mines v Federated
Miscellaneous Workers Union of Australia
(1987) 54 NTR 6
(b) Deregistration
(f)
Workplace Relations Act 1996 (Cth), Schedule
1, s 28
(c)
Refusal to arbitrate
Workplace Relations Act 1996 (Cth), s
111(1)((e)
Industrial Relations Act 1996 (NSW) s 139
(d) Payment of wages
Injunctions
Harry M Miller Attractions v Actors and
Announcers Equity Association of Australia
[1970] 1 NSWR 614
Patrick Stevedores Operations (No 2) v MUA
(No 3) (1998) 195 CLR 1
(7)
Secondary Boycotts
Trade Practices Act 1975 (Cth), pt IV
Workplace Relations Act 1996 (Cth) pt 9 div 9
(5)
Breach of Contract
R v Commonwealth Court of Conciliation and
Arbitration; Ex parte BHP Co Ltd (1909) 8 CLR
419
Simmons v Hoover [1973] 2 QB 455
3.
TRADE UNIONS
Creighton and Stewart, ch 17
Pittard and Naughton, ch 14-15
Creighton, Ford and Mitchell, ch 26-31
(1)
Legal Status and Registration
6
(a)
Statutory recognition of unionism
Workplace Relations Act 1996 (Cth), s 3(j),
Schedule 1 and pt 16
Industrial Relations Act 1996 (NSW), ch 5
(b) Requirements for registration
Workplace Relations Act 1996 (Cth), Schedule
1, ss 18-24
Industrial Relations Act 1996 (NSW), ch 5, pts
2, 3
The Federated Clerks Union v The Colonial
Sugar Refining Co Ltd Professional and
Clerical Officers Association of Australia
(1942) 48 CAR 343
Australian Railways Union v The National
Union of Railwaymen of Australia (1933) 32
CAR 443
(c)
Consequences of registration
Workplace Relations Act 1996 (Cth), Schedule
1B, ss 26-27
Industrial Relations Act (NSW), pt 3
Williams v Hursey (1959) 103 CLR 30
Moore v Doyle (1969) 15 FLR 59
(2)
Dual regulation
(a) Problems
Moore v Doyle (1969) 15 FLR 59
Steuart v Oliver (1970) 17 FLR 99
Re McJannet; Ex parte Minister for
Employment, Training and Industrial Relations
(Qld) (1995) 184 CLR 620
Workplace Relations Act 1996 (Cth), Schedule
1B, ss 166-170
Industrial Relations Act (NSW), s 260
(bb) Resignation
Workplace Relations Act 1996 (Cth), Schedule
1, s 174
Industrial Relations Act (NSW), ss 264
(bc) Expulsion
Workplace Relations Act 1996 (Cth), Schedule
1, ss 171-173
(c) Other regulation
Workplace Relations Act 1996 (Cth), Schedule
1, ch 7-9
(4)
Freedom of Association
(a)
Federal provisions
Workplace Relations Act 1996 (Cth), pt 16
Davids Distributions Pty Ltd v NUW (1999) 91
FCR 463
Patrick Stevedores Operations (No 2) Pty Ltd v
MUA (2000) 195 CLR 1
BHP Iron Ore Pty Ltd v Australian Workers
Union (2000) 102 FCR 97
Finance Sector Union v Commonwealth Bank
(2005) 146 IR 47
(b) New South Wales provisions
Industrial Relations Act 1996 (NSW), ch 5, pt 1
(b) Solutions
Workplace Relations Act 1996 (Cth), Schedule
1, ss 318-323 and 360-368 and Schedule 10
Industrial Relations Act (NSW), ss 284-290; ch
5, pt 5
(3)
Regulation of internal activities
(a) General control over union rules
Workplace Relations Act 1996 (Cth), Schedule
1, ss 139-164B
Industrial Relations Act (NSW), ch 5, pt 4
Mackenzie v Administrative and Clerical
Officers Association, Commonwealth Public
Service (1962) 5 FLR 342
Allen v Townsend (1977) 16 ALR 301
(b) Rights of individual members
(ba) Membership
4.
CONTRACT OF EMPLOYMENT
Creighton and Stewart, ch 11-16
Macken, McCarry and Sappideen, ch 1-11
(1)
Role of the Contract of Employment
(a)
Conciliation and arbitration and
Australian Fair Pay and Conditions
Standard
Workplace Relations Act 1996 (Cth), ss 5-6
Industrial Relations Act 1996 (NSW), s 6
(b) Other state legislation
Annual Holidays Act 1944 (NSW), s 2
Long Service Leave Act 1955 (NSW), s 3
Workers Compensation Act 1987 (NSW), s 3
Pay-roll Tax Act 1971 (NSW), s 3
Occupational Health and Safety Act 2000
(NSW), s 8
7
Superannuation Guarantee (Administration)
Act 1992 (Cth), s 16
(c)
Vicarious liability of employers
Hollis v Vabu Pty Ltd (2001) 207 CLR 21
(2)
Identifying an "Employee"
Workplace Relations Act 1996 (Cth), ss 5-6
Industrial Relations Act 1996 (NSW), s 5
Workers Compensation Act 1987 (NSW), s 5
Performing Right Society Ltd v Mitchell [1924]
1 KB 762
FCT v J Walter Thompson (Australia) (1944)
69 CLR 227
Zuijs v Wirth Bros (1955) 93 CLR 561
Australian Mutual Provident Society v Chaplin
(1978) 18 ALR 385
Dietrich v Dare (1980) 54 ALJR 388
Stevens v Brodribb Sawmilling Co (1986) 160
CLR 16
Re Porter: re Transport Workers Union of
Australia (1989) 34 IR 179
Building Workers Industrial Union of Australia v
Odco (The Troubleshooters' Case) (1991) 29
FCR 104
Hollis v Vabu Pty Ltd (2001) 207 CLR 21
(3)
Sources of the Content of the Contract
(a)
Individual agreement: express terms;
terms implied in fact and law
B P Refinery (Westernport) v Shire of
Hastings) (1977) 16 ALR 363
Mann v Capital Territory Health Commission
(1981) 54 FLR 23
Riverwood International Ltd v McCormick
(2000) 177 ALR 193
Nikolich v Goldman Sachs J B Were Services
Pty Ltd [2006] FCA 784
(b) Awards operating as minimum
conditions
Kilminster v Sun Newspapers (1931) 46 CLR
284
Byrne and Frew v Australian Airlines Ltd
(1995) 185 CLR 410
McLennon v Surveillance Australia Pty Ltd
(2004) 139 IR 209
(c)
Collective agreements negotiated
outside arbitration systems
Ryan v Textile Clothing and Footwear Union of
Australia (Homfray Carpets) [1996] 2 VR 235
(4)
(a) The work/wages bargain
Industrial Relations Act 1996 (NSW), s 143
Automatic Fire Sprinklers v Watson (1946) 72
CLR 435
Csomore v Public Service Board of New South
Wales (1986) 17 IR 275
Australian Bank Employees Union v National
Australian Bank (1989) 31 IR 436
(b) Other duties of the employee
(ba) Obedience to lawful orders and cooperation
Adami v Maison de Luxe (1924) 35 CLR 143
The Ottoman Bank v Chakarian [1930] AC 277
Secretary of State for Employment v
Associated Society of Locomotive Engineers
and Firemen (No 2) [1972] 2 QB 455
Australian Telecommunications Commission v
Hart (1982) 65 FLR 41
Cresswell v Board of Inland Revenue [1984] 2
All ER 713
Johnstone v Bloomsbury Health Authority
[1992] 1 QB 333
(bb) Care and skill
Insurance Contracts Act 1984 (Cth), s 66
Employees Liability Act 1991 (NSW), s 3
Lister v Romford Ice and Cold Storage Co
[1957] AC 555
Printing Industry Employees Union of Australia
v Jackson and O'Sullivan (1957) 1 FLR 175
(bc) Fidelity: competition and
confidentiality
Restraints of Trade Act 1976 (NSW)
Nordenfelt v Maxim Nordenfelt Guns and
Ammunition Co [1894] AC 535
Herbert Morris v Saxelby [1916] AC 688
Blyth Chemicals v Bushnell (1933) 49 CLR 66
Hivac v Park Royal Scientific Instruments
[1946] 1 Ch 169
Faccenda Chicken v Fowler [1987] 1 Ch 117
Wright v Gasweld Pty Ltd (1991) 39 IR 256
(c) Other duties of the employer
(ca) Provision of work
White v Australian and New Zealand Theatres
(1943) 67 CLR 266
Mann v Capital Territory Health Commission
(1981) 54 FLR 23
Curro v Beyond Productions Pty Ltd (1993) 30
NSWLR 337
Duties of the Parties
(cb) Safety of employees
8
Occupational Health and Safety Act 2000
(NSW)
Workers Compensation Act 1987 (NSW)
Wilsons and Clyde Coal Co v English [1938]
AC 57
Turner v South Australia (1982) 42 ALR 669
McLean v Tedman (1984) 155 CLR 306
(cc) Trust and confidence
Bliss v South East Thames Regional Health
Authority [1987] ICR 700
Malik v Bank of Credit and Commerce
International SA [1997] 3 All ER 1
Burazin v Blacktown City Guardian Pty Ltd
(1996) 142 ALR 144
Thomson v Orica Australia Pty Ltd (2002) 116
IR 186
Naidu v Group 4 Securitas Pty Ltd (2006) 150
IR 203
(5)
Termination of Employment
North v Television Corporation (1976) 11 ALR
599
Lane v Arrowcrest Group Pty Ltd (1990) 27
FCR 427
Intico (Victoria) Pty Ltd v Walmsley [2004]
VSCA 90
(cb) Constructive dismissal
Western Excavating (BCC) Ltd v Sharp [1978]
1 QB 761
Mohazab v Dick Smith Electronics Pty Ltd (No
2) (1995) 62 IR 200
(6)
Remedies for Wrongful Termination at
Common Law
(a)
Employee's remedies for wrongful
dismissal
(aa) Right to affirm contract
Automatic Fire Sprinklers v Watson (1946) 72
CLR 435
(a) By agreement
(ab) Injunction/Specific Performance
(aa) Fixed or contingent term
Bunge (Australia) Pty Ltd v Mallard (1982) 41
ALR 223
(ab) Indefinite term
Turner v Australian Coal and Shale Employees
Federation (1984) 55 ALR 635 at 648-649
Gregory v Philip Morris Ltd (1988) 80 ALR 455
Tradition Australia Pty Ltd v Gunson (1006)
151 IR 395
McClelland v Northern Ireland General Health
Services Board [1957] 2 All ER 129
(ac) Agreed period of notice
Workplace Relations Act 1996 (Cth), s661
Termination, Change and Redundancy Case
(1984) 8 IR 34; 9 IR 115
Quinn v Jack Chia (Australia) [1992] 1 VR 567
(b) Frustration
Finch v Sayers (Australia) Ltd [1976] 2
NSWLR 540
International Harvester Export Co v
International Harvester Aust Ltd [1983] VR 539
Notcutt v Universal Equipment Co [1986] 1
WLR 641
(c) Without notice
(ca) Summary dismissal
Adami v Maison de Luxe (1924) 35 CLR 143
Printing Industry Employees Union of Australia
v Jackson and O'Sullivan (1957) 1 FLR 175
Laws v London Chronicle (Indicator
Newspapers) Ltd [1959] 2 All ER 285
(ac) Damages
Addis v Gramophone Co [1909] AC 488
Yetton v Eastwoods Froy Ltd [1967] 1 WLR
104
Bliss v South East Thames Regional Health
Authority [1987] ICR 700
Gregory v Philip Morris (1987) 77 ALR 79
Burazin v Blacktown City Guardian Pty Ltd
(1996) 142 ALR 144
Johnson v Unisys Ltd [2003] 1 AC 518
Eastwood v Magnox Electric Plc [2004] 3 WLR
322
Walker v Citigroup Global Markets Pty Ltd
[2006] FCAFC 101
Nikolich v Goldman Sachs J B Were Services
Pty Ltd [2006] FCA 784
(b) Employer's remedies for wrongful
termination
Warner Bros Pictures v Nelson [1937] 1 KB
209
BHP Ltd v Fisher (1984) 38 SASR 50
(7)
Unfair Dismissal
(a)
Federal provisions
9
Workplace Relations Act 1996 (Cth), pt 12 div
3
Australian Meat Holdings Ltd v McLauchlan
(1998) 84 IR 1
Sprigg v Pauls’ Licensed Supermarket (1998)
88 IR 21
Edwards v Giudice (1999) 94 FCR 561
Crozier v Palazzo Corporation Pty Ltd (2000)
98 IR 137
(b) New South Wales provisions
Workplace Relations Act 1996 (Cth), s16
Industrial Relations Act 1996 (NSW), ch 2, pt 6
Pastrycook Employees, Biscuit Makers
Employees Union v Gartrell White [No 3]
(1990) 35 IR 70
(8) Unlawful Termination
Workplace Relations Act 1996 (Cth), pt 12 div
4C
(9) Unfair Contracts
Workplace Relations Act 1996 (Cth), s16 and
ss832-834
Industrial Relations Act 1996 (NSW), ch 2, pt 9
Stevenson v Barham (1976-77) 136 CLR 190
Port Macquarie Golf Club v Stead (1996) 64 IR
53
Perrott v Xcellnett Australia Limited (1998) 84
IR 255
Beahan v Bush Boake Allen Australia Ltd
(1999) 93 IR 1
Mitchforce v Industrial Relations Commission
(2003) 57 NSWLR 212
Sydney Water Corporation v Industrial
Relations Commission (2004) 141 IR 14
Fish v Solution 6 Holdings Ltd (2006) 151 IR
256
(10) Trade Practices Act claims
Trade Practices Act 1974 (Cth), ss52 and 53B
Fair Trading Act 1987 (NSW), ss42 and 46
Concrete Constructions (NSW) Pty Ltd v
Nelson (1990) 169 CLR 594
Sheldrick v W T Partnership (Australia) Pty Ltd
(1998) 89 IR 206
O’Neill v Medical Benefits Fund of Australia Ltd
(2002) 122 FCR 455
Magro v Freemantle Football Club (2005) 142
IR 445
(11) Protection against Discrimination
Racial Discrimination Act 1975 (Cth), s 15
Sex Discrimination Act 1984 (Cth), s 14
Disability Discrimination Act 1992 (Cth), s 15
Anti-Discrimination Act (NSW), ss 8, 22B, 25,
38C, 40, 49D, 49V, 49ZH, 49ZYB
Human Rights and Equal Opportunity
Commission Act 1986 (Cth)
Australian Iron & Steel Pty Ltd v Banovic
(1989) 168 CLR 165
Qantas Airways Ltd v Christie (1998) 193 CLR
280
X v Commonwealth (1999) 200 CLR 177
10
ASSIGNMENT
There is one assignment in Industrial Law. The maximum word limit for the assignment is 2000
words (inclusive of all footnotes but not bibliography).
Although the assignment is voluntary, students are strongly encouraged to complete it. Students
must submit the assignment by the due date (no extensions will be granted), and should achieve a
grade of at least 50% to demonstrate an understanding of the subject. See the LEC Guide to the
Presentation and Submission of Assignments which can be accessed on the LEC Webcampus and
the advice in your Course Information Handbook before submitting assignments.
The completed assignment should be lodged through the LEC Webcampus by 9.00am on the
following date:
Assignment
Monday 22 January 2007
(Week 9)
ASSIGNMENT QUESTIONS
To obtain the Industrial Law assignment questions for the Summer Session 2006-07, please
follow the instructions below:
1.
Register online with the LEC (see page 27 of the Course Information Handbook for detailed
instructions). Once you have registered, you will have access to all the facilities on the LEC
Webcampus.
2. Then go into the Webcampus, select the Course Materials section and click on the link to the
Assignment questions for this subject.