The Fair Work Act 2009 (Cth) has redrafted the old ‘transmission of business' provisions for awards and agreements as new ‘transfer of business' provisions. The new provisions differ considerably from the immediately prior Work Choices rules, and they also mark a change from the pre-Work...

In 2010 the NZ Parliament passed an amendment to the Employment Relations Act 2000 (NZ) (ER Act) which purports to exclude a whole class of workers from the definition of ‘employee' in s 6 of the Act. The effect of the amendment in practice is to deny workers who fall within the exemption...

This article examines the industrial action provisions of the Fair Work Act 2009 (Cth) in the context of international labour standards which protect the right to strike, particularly the International Labour Organisations’ Freedom of Association and Protection of the Right to Organise...

As trade relations with the United States and Cuba continue to improve (December 17, 2015 is the one-year anniversary of the United States agreeing to open diplomatic relations with the island nation), cigars and rum aren't the only two exports that will soon flood the American market. Cuban...

The European Court of Justice Laval quartet of cases held that worker collective actions that impacted freedom of services and establishment in the EU violated EU law. After Laval, The Swedish Labour Court imposed “exemplary,” or punitive damages, on labour unions for violating EU law. This...

This article examines to what extent there is legacy of the Commission’s labour standards in the new legislated standards in the National Employment Standards and dismissal protection in the Fair Work Act 2009 (Cth). The Commission’s ‘community standards’, mainly from ‘test cases’...

The purpose of this study is to provide an overview of institutional development of employee participation in Europe and analyze European Works Councils (EWC) agreements in the pharmaceutical industry. Mergers and acquisitions in the pharmaceutical industry increased the number of EWC...

A cross section analysis of 23 OECD members shows that there is an 'antagonistic' relationship between the legal protection of investor interests on the one hand and labour interests on the other: the stronger the legal protection of investor rights in a country, the less developed are the...

This article examines the role of business in the historical development of job security regulations in Germany from their creation in the inter-war period to the dawn of the crisis of the 'German Model' in the 1980s. It contrasts the varieties of capitalism approach, which sees business as...