workplace relations - queensland law society · privacy issues statutory regimes relating to...

Distinction in law

Specialist Accreditation

Assessment Criteria 2020

Workplace Relations

2020 Program Guide for Work Place Relations 1

TABLE OF CONTENTS

1. Introduction .............................................................................................................. 2

2. Contact details ......................................................................................................... 2

3. Important dates ........................................................................................................ 3

4. Assessment program ............................................................................................... 4

5. knowledge .............................................................................................................. 10

6. Related legislation and other materials .................................................................. 24

7. Suggested readings and references....................................................................... 25


1. INTRODUCTION

The 2020 Workplace Relations Specialist Accreditation Program Guide is designed

to assist practitioners to understand, prepare for and undertake the assessments

specific to this area of accreditation.

This document is to be read in conjunction with the 2020 Specialist Accreditation

Scheme Handbook which contains the policies and procedures relevant to all areas

of accreditation.

2. CONTACT DETAILS

Please address all enquiries regarding specialist accreditation in personal injuries

law to [email protected]


3. IMPORTANT DATES

28 February 2020 Applications open

30 March 2020 Applications close by 5pm

17 April 2020 Candidates advised of acceptance into program

27 April 2020 Assessment Briefing Evening

26 June 2020 Mock File distributed

10 July 2020 Mock File due (by 4pm or sent by registered post

postmarked no later than 4pm)

25 July 2020 Written Examination held at Law Society House, 179

Ann Street, Brisbane from 9am to 12.30pm

27 July 2020 Advocacy held at Fair Work Commission (TBC)

End of October 2020 Candidates advised of results

Queensland Law Society reserves the right to change any of these dates. Sufficient

notice will be provided to candidates.


4. ASSESSMENT PROGRAM

The assessment program for Accredited Specialisation in Workplace Relations Law is

in three parts. To gain accreditation candidates must obtain a satisfactory mark in each

of the three parts of the program. Candidates must complete all assessments listed

below:

1. Take Home Assessment

2. Written Examination

3. Advocacy

Further details of the assessment criteria and procedures are described below.

Candidates will be examined on the law as it stands at the date of assessment.

4.1. Performance Standard

Practitioners wishing to be accredited should be able to:

1. perform at a superior standard which is expected of practitioners wishing to holdthemselves out as specialists in the area; and

2. display a superior standard of knowledge of the law and procedure which underpinsthe performance of tasks in this area of practice.

4.2. General recommendations

Candidates may find it of assistance in preparing for the assessment tasks to:

• form a study group – register your interest in forming a study group in yourapplication;

• review past assessment kits - these will be available to purchase for candidates

in April 2020;


• read some or all of the Suggested Reading Material listed below;

• legislation and other provisions; and

• candidates should be familiar with the relevant parts of legislation relating to the

selected topics for assessment, and the legislation listed below.

4.3. Legislation and other provisions

Candidates should be familiar with the relevant parts of legislation relating to the

selected topics for assessment, and the legislation listed below.

4.4. Take Home Assessment

Assessment Overview

Candidates will have been provided with a mock file (available from Friday 26 June

2020) which will contain an agreed fact situation. Candidates will be asked to draft a

Letter of Advice (not exceeding 4 A4 pages) to advise a respondent employer on the

merits of a jurisdictional objection based on an agreed fact scenario relating to a

potential unfair dismissal claim made under the Fair Work Act 2009 (Cth).

Assessment criteria

Candidates will be assessed on their:

• Identification of relevant issues from the given fact situation;

• Judgement and decision-making skills;

• Knowledge of relevant law and skill in applying that knowledge in practice; and

• Awareness of practical considerations.


Conditions

Candidates may use the resources of their offices in completing this exercise.

Candidates will face automatic disqualification from the accreditation program if any

assessment material is referred to counsel, another solicitor or any other person for

opinion or assistance. Candidates will be required to sign the QLS Academic

Misconduct Policy before any written submissions will be accepted by QLS for this

accreditation program.

Submissions received after the due date will not be assessed. For information on the

special consideration policy, please see the Specialist Accreditation Scheme

Handbook.

No references or marks which may identify the candidate or their firm or employer

should appear anywhere in the candidate’s work.

4.5. Written examination

The written examination will cover a wide range of workplace relations law matters that

may be encountered in practice. Candidates will be expected to demonstrate a high

standard of knowledge of workplace relations law and associated practices and

procedures as outlined below. There are two parts to this assessments: short questions

and long questions.

(a) Short questions

This section will test general knowledge across all areas of workplace relations.

Questions in this section will require only brief answers.

Candidates must answer five out of eight questions which may be taken from

the following subject areas of the Knowledge Requirements:


1.The Contract of Employment

2.Industrial Relations Systems

3.Statutory Unfair Dismissal

4.General Protections

5.Discrimination Law

6.Minimum entitlements under

Modern Awards and the National

Employment Standards

7. Enterprise Agreement Making

8. Registered Organisations

9. Transfer of Business Issues

10. Leave Entitlements

11. Workers Compensation

12. Workplace Health & Safety

Law

13. Workplace Bullying

14. Independent Contractors

15. Compliance and Prosecutions

16. Miscellaneous Federal and

State Statutory Topic areas, including:

privacy issues

statutory regimes relating to

Misleading Conduct

taxation, superannuation and

insurance premiums

Corporations Act 2001 (Cth)

(b) Long questions

Candidates will be asked to evaluate a fact situation, identify the key issues to be

addressed, and prepare appropriate advice. The answer should include clear

descriptions of any assumptions made and of any additional inquiries which it is

considered should be undertaken. Candidates will be asked to provide advice on the

following topics:

• The Contract of Employment

• Industrial Relations Systems

• Discrimination & General Protections Law.

Please note that the answer given should demonstrate an advanced understanding of

these topics. It is expected that responses are appropriately detailed, identifying the key

issues and advice appropriate to the specific situation.


Please note: it is essential that candidates pass both parts of the Written

Exam.

Assessment criteria

Candidates will be assessed on their:

Ability to identify relevant issues from a given fact situation

Knowledge of relevant law (including significant recent decisions) and skill in

applying that knowledge in practice

Knowledge of the procedural rules

Ability to provide practical, clear and comprehensive advice

Awareness of practical considerations in dispute resolution

Conditions

The duration, including reading time, will be 3 hours and 30 minutes.

Candidates may take books, notes or other written material into the exam room

Candidates may access written material on an electronic device on a read only

basis, so long as it does not disturb other candidates. The electronic device

must not be connected to the internet;

Mobile telephones are not permitted;

Answers must be written in the answer booklets provided;

Answers must be numbered correctly;

Handwriting must be legible;

Each candidate will be issued with an examination number; and

Candidate numbers (not names) must be written on all answer booklets.

Note: QLS will take no responsibility for any issues experienced on electronic devices

during the written examination. Malfunctioning of electronic devices during the written

examination will not constitute grounds for a special consideration application.


4.6. Advocacy

The fact situation provided for the Take Home Assessment will be the same as

that for Advocacy. Candidates will be asked to make oral submissions before a person

sitting as a member of a tribunal or court in mock hearing of a jurisdictional objection.

No written submission should be filed or presented. Candidates will act for the applicant

in opposing the jurisdictional objection.

The submissions will be recorded for assessment by the examiners. The

member can ask questions of the candidate during the submissions. Arrangements for

this part of the program will be confirmed once the number of candidates is known.

Assessment criteria

This exercise will test a range of skills including:

Identification of relevant issues

Assessment of facts and legal options

Ability to argue a case and answer points raised

Judgement and decision-making skills

Composure in presentation and assessment

Knowledge of relevant law and skill in applying that knowledge in practice

A sound knowledge of the relevant law, rules, procedures, practice notes and

protocols will also be required.


5. KNOWLEDGE

Introduction

The specialist needs to possess knowledge of a wide range of topics. A comprehensive

reading guide appears at the end of these guidelines. In practice of course, the client

base and practice experience of the candidate will result in that candidate having a

greater degree of familiarity with some of these topics than others. Over a period of

years those topics with which the candidate will be most familiar within the speciality

may fluctuate as the client base changes.

Nevertheless, every candidate needs to be aware that once accredited as a specialist in

this area, the practitioner will be in effect holding himself or herself out to potential

clients as having knowledge of all of the topics that fall within the specialty. The

examiners will expect that for some topics the candidate will have an advanced

understanding, but for other topics only a basic or an intermediate understanding is

required.

To assist candidates, a description of the levels of basic, intermediate and advanced as

used in the knowledge requirements, is set out below:

‘Basic understanding’

The candidate would be expected to have a general awareness or overview of the

topic. For example, the candidate should be able to identify the names of relevant Acts

and show awareness of general concepts and principles and be aware of basic

procedural deadlines.

‘Intermediate understanding’

The candidate would be expected to have more than a general awareness or overview

of the topics. For example, the candidate should be able to identify and explain the

relevant sections in legislation and key cases.


‘Advanced understanding’

The candidate must have extensive knowledge of legislation and cases relevant to the

topic. For example, the candidate would be expected to know:

(i) differences in the approaches (if any) adopted in the key cases relevant to

the topic;

(ii) contending interpretations (if any) of relevant sections in legislation;

(iii) relevant government policies; and

(iv) relevant bills introduced into the Parliament.

The assessment will be structured so that the candidate will be required to demonstrate

knowledge in topics for each level of understanding (basic, intermediate and advanced).

The candidate will have a choice of topics from which to select. Candidates will be

assessed on the law as it stands on the day of the examination.

Any matter relevant to practice in Workplace Relations Law may be examined.

Candidates may be called on to demonstrate knowledge of any of the following topics,

as applicable in any of the following Courts, Commissions and Tribunals:

The topic areas for which a candidate is required to have knowledge are set out

below:

5.1 The Contract of employment

An advanced understanding of:

(i) the employment relationship, including its formation, and being able to

distinguish it from other working relationships (e.g. independent contractor,

partnership, volunteer, gig economy jobs);

(ii) contractual construction, performance of a contract and variation of a contract,

including when HR policies and industrial instruments will be incorporated into

employment contracts and the effect of any such incorporation;


(iii) the common implied terms in contracts of employment (e.g. duties of

confidentiality, fidelity, loyalty and good faith, , entitlement to wages for being

available for work, , reasonable notice of termination, implied ownership of

inventions;

(iv) the concept of vicarious liability;

(v) all aspects of termination of employment (including termination on notice

(express or implied), summary dismissal for misconduct, redundancy,

constructive dismissal, repudiation of contract);

(vi) the content and application of the doctrines of duress, unconscionability, undue

influence and estoppel to employment issues;

(vii) remedies for breach or anticipatory breach of the employment contract;

(viii) basis of claims for damages for breach of the employment contract, including damages for loss of opportunity and the difference between a claim in debt and damages;

(ix) the employment relationship and activities outside of the workplace;

(x) employment restraints of trade and obligations about the use of confidential

information (including restrictions imposed by the Corporations Act 2001 (Cth));

and

(xi) the key aspects of the economic torts including interference with contractual

relations, intimidation, conspiracy and interference with trade.


5.2 Industrial relations system (Commonwealth and Queensland)


(i) the basic constitutional principles relating to the exercise of Federal power

(including the use of the corporation power, the conciliation and arbitration power

and external affairs power) and the coverage of the Federal system;

(ii) the legislative scheme for the referral of industrial relations power by the State of

Queensland;

(iii) resolution of industrial disputes generally under the Fair Work Act 2009 (Cth);

(iv) the core functions, powers and procedures of the Fair Work Commission

(including the approval of enterprise agreements, enforcing good faith

bargaining, regulating industrial action, resolution of disputes, the making and

adjusting of wages and modern awards conditions, unfair dismissal, and general

protection claims);

(v) the interrelationship between various claims that can be commenced and

restrictions on multiple claims;

(vi) the law (statutory and common law) relating to industrial action (including

industrial action in the building and construction industry) including proceedings

in the Fair Work Commission and the courts;

(vii) the core functions, powers and procedures of the Fair Work Divisions of the

Federal Court of Australia and Federal Circuit Court and the Magistrates Court of

Queensland in relation to breaches of the Fair Work Act 2009 (Cth) (including

enforcement of Fair Work Commission orders, The Australian Consumer Law

contained in Schedule 2 of Competition and Consumer Act 2010 (Cth)

proceedings and underpayment claims;

(viii) the jurisdiction of State/Territory Courts;

(ix) the functions and powers of the Australian Building and Construction

Commission; and

(x) the functions and powers of the Registered Organisations Commission.


5.3 Statutory unfair dismissal


(i) the unfair dismissal jurisdiction of the Fair Work Act 2009 (Cth) including:

o time limits;

o statutory exclusions;

o conciliation and arbitration procedures;

o criteria to determine whether a dismissal is unfair;

o the available remedies; and

o circumstances which may give rise to costs orders including security for

costs.

5.4 General protection claims

An advanced understanding of the availability or suitability of the general protections

provisions contained in Part 3-1 of the Fair Work Act 2009 (Cth), including the

meaning of workplace rights and ‘adverse action’, the protected attributes and

activities, the operation of the reverse onus of proof and causation issues.

5.5 Workplace bullying under the Fair Work Act 2009 (Cth)

An advanced understanding of Workplace Bullying under the Fair Work Act 2009

(Cth), including:

(i) who is a ‘worker’;

(ii) what constitutes bullying under the Fair Work Act 2009 (Cth);

(iii) process adopted by the Fair Work Commission and the orders available and remedies; and

(iv) the relationship between workplace bullying, anti-discrimination laws and work health and safety.


5.6 Discrimination law


(i) the principles under the Anti-Discrimination Act 1991 (Qld);

(ii) the principles under various federal statutes providing rights and remedies in

relation to discrimination matters, including:

o the relevant provisions of the Fair Work Act 2009 (Cth)

o Racial Discrimination Act 1975 (Cth)

o Sex Discrimination Act 1984 (Cth)

o Disability Discrimination Act 1992 (Cth)

o Australian Human Rights Commission Act 1986 (Cth) and

o Age Discrimination Act 2004 (Cth)

(iii) the concepts of direct and indirect discrimination and reasonable adjustments /

accommodation under legislation; and

(iv) the core functions, rules and procedures of Fair Work Commission, Fair Work

Ombudsman, Queensland Human Rights Commission, Queensland Industrial

Relations Commission, , Australian Human Rights Commission, Federal

Circuit Court and the Federal Court as they relate to discrimination law; and

(v) the principles and application of the Human Rights Act 2019 (Qld).

A basic understanding of the existence of available claims and remedies in

Australian State and Territory jurisdictions other than Queensland.

5.7 Statutory safety net


(i) the operation and content of minimum employment entitlements (“Minimum

Entitlements”) under the Fair Work Act 2009 (Cth) as established by the

National Employment Standards;


(ii) the relationship between Minimum Entitlements, enterprise agreements and

Individual Flexibility Agreements and arrangements under the Fair Work Act

2009 (Cth), and common law contracts of employment;

(iii) the functions and powers of the Expert Panel of the Fair Work Commission;

(iv) how Minimum Entitlements are established;

(v) enforcement mechanisms in relation to Minimum Entitlements;

(vi) review of modern awards;

(vii) interpretation of awards and enterprise agreements.

5.8 Enterprise agreement making under the Fair Work Act 2009 (Cth)


(i) the types and effect of available agreements;

(ii) the required and permissible content of agreements;

(iii) requirements for approval, lodgement, variation and termination of

agreements;

(iv) enforcement of agreements including penalties for breaches; and

(v) better off overall test.

An intermediate understanding of:

(i) bargaining including:

o bargaining representatives

o bargaining orders

o suspension and termination of Industrial Action (including cooling off

periods)

o workplace determinations

(ii) protected industrial action including secret ballots; and


(iii) measures available in the Fair Work Commission and Federal and State

courts in response to unprotected action.

5.9 Registered organisations

A basic understanding of the:

(i) system for registration of organisations (employer and employee) under the

Fair work (Registered Organisations) Act 2009 (Cth);

(ii) legal status and judicial supervision of registered organisations and

unregistered organisations (employer and employee);

(iii) accountability of officers of registered organisations under the Fair Work Act

2009 (Cth);

(iv) rights of entry of registered organisations under the Fair Work Act 2009 (Cth);

and

(vi) the Workplace Health and Safety Act 2011 (Qld) and the model Workplace

Health and Safety Act.

5.10 Transfer of business issues

An advanced understanding of the operation of the Fair Work Act 2009 (Cth) as it

relates to transfer of business, including an understanding of:

(i) the obligations of the first employer to transferring employees, as well as

employees to be terminated;

(ii) the obligations of the second employer to transferring employees, as well as

new recruits;

(iii) the connection between the first employer and the second employer and the

consequences that flow from that connection;


(iv) transfer of employment situations that effect the obligation to pay redundancy

pay;

(vi) instruments that are transferred;

(vii) the capacity of the Fair Work Commission to modify the outcomes in transfer

of business situations; and

(viii) the effect on entitlements to long service leave for transferring employees.

5.11 Leave entitlements

An advanced understanding of the entitlements, and enforcement of rights relating

to leave under the National Employment Standards in the Fair Work Act 2009 (Cth),

Modern Awards and the Industrial Relations Act 2016 (Qld).

A basic understanding of:

(i) annual leave and long service leave entitlements for employees not covered

by the Fair Work Act 2009 (Cth) in Australian State and Territory jurisdictions

other than Queensland; and

(ii) the Federal Government's Paid Parental Leave and Dad & Partner’s Pay

schemes.

5.12 Workers compensation


(i) concepts and entitlements under the Workers’ Compensation and

Rehabilitation Act 2003 (Qld);

(ii) entitlements and enforcement of rights relating to long service leave under

applicable State/Territory long service leave legislation; and

(iii) rights and entitlements of impaired workers to common law remedies.


5.13 Work health and safety law


(i) the relevant principles under the Work Health and Safety Act 2011 (Qld), the

regulations and Codes of Practice;

(ii) prosecutions under the Work Health and Safety Act 2011 (Qld) including the

Workplace Health and Safety Queensland Prosecution Guidelines;

(iii) Guidance notes on workplace violence and bullying issued by Workplace

Health and Safety Queensland; and

(iv) the liability of officers and employees under the Work Health and Safety Act

2011 (Qld).


(i) The relevant principles under the model Work Health and Safety Act and

regulations made under the Act.

(ii) The liability of officers and employees under the model Work Health and Safety

Act.

5.14 Independent contractors

An advanced understanding of the difference at common law between an independent

contractor and an employee and the laws relating to sham contracting under the Fair

Work Act 2009 (Cth).

An intermediate understanding of the Independent Contractors Act 2006 (Cth).

5.15 Fair Work Act Compliance

An intermediate understanding of the:

(i) record keeping and payslip obligations under the Fair Work Act 2009 (Cth) and

the Fair Work Regulations 2009 (Cth);


(ii) civil remedy provisions of the Fair Work Act 2009 (Cth) and the different penal

implications of these and criminal provisions;

(iii) strike pay provisions of the Fair Work Act 2009 (Cth);

(iii) powers of the Fair Work Ombudsman;

(iv) penalties for failing to comply with a notice given by or a requirement of a Fair

Work Inspector; and

(v) accessorial liability provisions of the Fair Work Act 2009 (Cth)

5.16 Miscellaneous Federal and Statue statutory topic areas

A. Privacy issues

An intermediate understanding of the application of the following legislation to the

employment relationship, specifically to the monitoring of employee activities and the

collection of personal information from employees and job applicants:

Information Privacy Act 2009 (Qld);

Invasion of Privacy Act 1971 (Qld)

Privacy Act 1988 (Cth);

Telecommunications (Interception and Access) Act 1979 (Cth); and

Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).


(i) the application of Australian Privacy Principles to a workplace and relevant

guidelines issued by the Office of the Australian Information Commissioner; and

(ii) common law principles which may impact on the monitoring of employees'

activities or on the disclosure of personal information about employees. For

example, breach of duty of trust and confidence.


A basic understanding of privacy statutory regimes in Australian State and Territory

jurisdictions other than Queensland.

B. Statutory regimes relating to misleading conduct


(i) the relevance of the Australian Consumer Law (ACL) set out in Schedule 2 of the

Competition and Consumer Act 2010 (Cth) (CCA) and the Fair Trading Act 1989

(Qld) (FTA) to representations made to job applicants;

(ii) the relevant sections of the CCA and the FTA, relating to unconscionable

conduct, misleading or deceptive conduct, misleading conduct in relation to

employment and representations as to future matters:

o Definitions under section 4 ACL

o Part 2-2 ACL – unconscionable conduct

o Particularly section 20 ACL

o Part 2-1 ACL – misleading or deceptive conduct

o Particularly section 18 ACL

o Section 31 ACL – misleading conduct in relation to employment

(iii) the remedies for breach of these sections.

C. Taxation and superannuation


(i) the PAYG system;

(ii) the difference in taxation of earnings for independent contractors compared to

employees;

(iii) the taxation rules applicable to employment termination payments;

(iv) the law relating to superannuation, in so far as it relates to the Superannuation

Guarantee legislation including choice of fund;


(v) the definition of deemed worker under the Payroll Tax Act 1971 (Qld) and

Workplace Health and Safety Act 2011 (Qld); and

(vi) consequences for companies and directors of non-payment of superannuation

contributions and remittance of group tax.

D. Corporations Act 2001 (Cth) matters

A basic understanding of the:

(i) priority of employee entitlements in an insolvency; and

(ii) system for enforcement of employee priority rights in an insolvency.

An intermediate understanding of the:

(i) Fair Entitlements Guarantee Act 2012 (Cth), which provides limited financial

entitlements on the insolvency of an employer;

(ii) restrictions on retirement and severance payments to directors, officers and

employees under Corporations Act 2001 (Cth); and

(iii) duties of officers (as defined) and employees under the Corporations Act 2001

(Cth).

E. Other


(i) dealing with permission to appear for lawyers and paid agents; and

(ii) costs orders and summons; and

(iii) Child Employment Act 2006 (Qld);

An intermediate understanding of the following legislation:

Workplace Gender Equality Act 2012 (Cth); and


Whistleblower protection under the:

a) Public Interest Disclosure Act 2013 (Cth);

b) Public Interest Disclosure Act 2010 (Qld); and

c) Corporations Act 2001 (Cth).

F. Public sector and employees


(i) the law relating to the appointment and termination of public sector employees under the Public Service Act 2008 (Qld);

(ii) the Human Rights Act 2019 (Qld);

(iii) Chapter 7 of the Industrial Relations Act 2016 (Qld) relating to employees who are bullied in the workplace;

(iv) Chapter 8 of the Industrial Relations Act 2016 (Qld) relating to general protections; and

(v) Part 2 of the Industrial Relations Act 2016 (Qld) relating to dismissals of employees.

NB: Any matter relevant to practice in Workplace Relations Law at the date of

assessment may be examined, including the areas listed above. Candidates may be

asked questions arising under any legislation, related regulations and other materials

listed in these guidelines. This is not an exhaustive list. Not all items on this list will be

tested.


RELATED LEGISLATION AND OTHER MATERIALS

Legislation – Commonwealth

Age Discrimination Act 2004 (Cth);

Competition and Consumer Act 2010 (Cth);

Australian Human Rights Commission Act 1986 (Cth);

Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

Corporations Act 2001 (Cth);

Disability Discrimination Act 1992 (Cth);

Disability Discrimination Regulations 2019 (Cth);

Fair Work Act 2009 (Cth);

Fair Work Regulations 2009 (Cth);

Fair Work (Registered Organisations) Act 2009 (Cth);

Public Interest Disclosure Act 2013 (Cth);

Independent Contractors Act 2006 (Cth);

Privacy Act 1988 (Cth);

Racial Discrimination Act 1975 (Cth);

Sex Discrimination Act 1984 (Cth);

Sex Discrimination Regulations 2018 (Cth);

Surveillance Devices Act 2004 (Cth);

Superannuation Guarantee (Administration) Act 1992 (Cth);

Superannuation Guarantee Charge Act 1992 (Cth);

Telecommunications (Interception and Access) Act 1979 (Cth); and

Workplace Gender Equality Act 2012 (Cth).


Legislation – State

Industrial Relations Act 2016 (Qld);

Anti-Discrimination Act 1991 (Qld);

Work Health and Safety Act 2011 (Qld);

Workers’ Compensation and Rehabilitation Act 2003 (Qld);

Information Privacy Act 2009 (Qld);

Fair Trading Act 1989 (Qld);

Child Employment Act 2006 (Qld);

Public Interest Disclosure Act 2010 (Qld);

Human Rights Act 2019 (Qld);

Labour Hire Licensing Act 2017 (Qld);

Contract Cleaning Industry (Portable Long Service Leave) Act 2005 (Qld);

Building and Construction Industry (Portable Long Service Leave) Act 1991

(Qld);

Payroll Tax Act 1971 (Qld); and

Public Service Act 2008 (Qld).

This list indicates the range of matters which could be addressed in the assessment

program. This is not necessarily an exhaustive list. Candidates will be examined on the

law as it stands at the date of assessment.

SUGGESTED READINGS AND REFERENCES

Set out below are some references that may assist candidates. It is not an exhaustive

list.

Books

Creighton & Stewart, Labour Law: an Introduction, 5th Edition, Federation Press

2010


View electronic supplements via Federation Press website:

http://www.federationpress.com.au/bookstore/book.asp?isbn=186287543X#booksupple

ments.

Irving, The Contract of Employment , 2nd EditionLexis Nexis Butterworths

Australia.

Jackson, Post-employment Restraint of Trade, Federation Press 2014.

Johnstone, Occupational Health & Safety Law & Policy, 2nd Edition, Law Book

Company 2004.

McCallum, McCallum’s Top Workplace Relations Cases: Labour Law and the

Employment Relationship as defined by Case Law, 1st edition, CCH 2008.

Owens & Riley, The Law of Work, 2007 Oxford University Press

Price, Employment Law: In Principle, 3rd Edition, Thomson Reuters 2009.

Pittard and Naughton, Australian Labour Law: Cases, Material and Commentary,

5th edition LexisNexis 2010.

Rees, Lindsay & Price, Australian Anti-Discrimination Law: Text, Cases and

Materials, Federation Press, 2008.

Relationship as defined by Case Law, 1st edition, CCH 2008.

Riley, Employee Protection at Common Law, Federation Press, 2005.

Riley, Independent Work Contracts, Law Book Company 2007.

Ronalds, Discrimination Law and practice, Federation Press, 2008.

Sappideen, O’Grady, Riley & Warbuton, Macken’s Law of Employment, 8th

Edition, Thomson Reuters 2016.

Stewart, Stewart's Guide to Employment Law, 6th edition, Federation Press,

2018.

Tooma, M, Tooma’s Annotated Occupational Health & Safety Act 2004.

http://www.federationpress.com.au/bookstore/book.asp?isbn=186287543X#booksupplements

http://www.federationpress.com.au/bookstore/book.asp?isbn=186287543X#booksupplements


Loose-leaf and online services

CCH

Australian & New Zealand Equal Opportunity Law & Practice

Australian Employment Law Guide

Australian Labour Law Reporter

Australian Occupational Health & Safety Law

Australian Trade Practices Reporter

Thomson (Lawbook Co)

National Workplace Relations

http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=%207465#

mediaoptions

Workplace: Fair Work portal at www.thomsonreuters.com.au/workplace

General reading

Subscription–based

Australian Journal of Labour Law, LexisNexis, 3 issues per volume

Discrimination Alert, Thomson (Lawbook Co)

www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=1098

Employment Law Bulletin, LexisNexis - 10 issues per year

Industrial Law News, CCH - 10 issues per year

Work Alert: Briefings On Employment Matters, CCH, issued monthly

Workplace Info www.workplaceinfo.com.au/

Workplace Express www.workplaceexpress.com.au

Workforce News Service, Thomson

Free

Fair Work Commission –Benchbooks, www.fwc.gov.au

Fair Work Australia – Announcements (from the national workplace relations

tribunal website)

http://www.fwa.gov.au/apps/subscription_service/member/sub-services.cfm

http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=%207465#mediaoptions

http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=%207465#mediaoptions

http://www.thomsonreuters.com.au/workplace

http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?ID=1098

http://www.workplaceinfo.com.au/

http://www.workplaceexpress.com.au/

http://www.fwc.gov.au/

http://www.fwa.gov.au/apps/subscription_service/member/sub-services.cfm


Fair Work for Small Business newsletter and website

www.fairworkforsmallbusiness.com.au/

HR, Employment & Safety News, CCH (full text of selected articles - requires

registration) http://www.cch.com.au/au/News/newstopicpage.aspx?TopicIDNews=9

HR Insight, Thomson http://sites.thomsonreuters.com.au/hrinsight/

Workplace: Fair Work portal, Thomson www.thomsonreuters.com.au/workplace

http://www.fairworkforsmallbusiness.com.au/

http://www.cch.com.au/au/News/newstopicpage.aspx?TopicIDNews=9

http://sites.thomsonreuters.com.au/hrinsight/

http://www.thomsonreuters.com.au/workplace

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