The recent Full Federal Court decision in University of Western Australia v Gray ((2009) 179 FCR 346) is the most recent episode in an emerging saga concerning the ownership of an invention made by an academic member of staff whilst in the employment of a higher education institution. With only...

The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span characterized by two major legal reforms to unfair dismissal statutes. We isolate two channels by which we think the social values of the Federal government affected the decisions of...

The insights of choice architecture have led to expanded use of default settings in defined contribution (DC) plans in both the United States and Australia. The two countries have taken somewhat similar approaches to the content of default investment products. However, they differ significantly...

This paper examines the early operation of the good faith bargaining provisions of Australia's new Fair Work Act 2009 (Cth). The paper identifies some parallels between the approach to these new statutory provisions, and good faith bargaining laws in both the USA and Canada - but also some areas...

This paper critically analyses existing WTO Dispute Settlement rules and experience to raise awareness amongst industry, government and relevant trade law practitioners of the value in developing expertise about initiating and defending non-violation nullification of benefits (“NVNB”) claims...

This article examines Australia's main temporary labour migration scheme, the 457 visa program, through the concept of ‘labour market deregulation'. In this article, ‘deregulation' is not equated with the removal of regulation; rather it is defined to mean the removal of a particular kind of...

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...

Over the past 15 years the statutory framework regulating fairness in dismissal has undergone much change, as parliaments have attempted to address what they see as the inadequacies of the system. This paper provides a comparison of three time periods at the federal level: the Workplace...

The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span characterized by two major legal reforms to unfair dismissal statutes. We isolate two channels by which we think the social values of the Federal government affected the decisions of...

The migration status of temporary migrant workers is often presented as a major determinant of labour rights and worker vulnerabilities. Using a sequential mixed method approach this article interrogates this proposition to examine the factors exacerbating temporary migrant worker exploitation...