Professor Marilyn Pittard

Publications

2007

'Reasons for Administrative Decisions: Legal Framework and Reform', in Groves and Lee (Eds) Australian Administrative Law: Fundamentals, Principles and Doctrines, Cambridge University Press (2007) 172 to 184

'Protection from Unfair Dismissal' in  Bromberg and  Irving (Eds), Australian Charter of Employment Rights, The Australian Institute of Employment Rights, Hardie Grant Books (2007)

Public Sector Employment in the Twenty-First Century (edited with Weeks, P.)ANU EPress, Canberra, ACT, 2007

'Challenges Ahead: Workplace Relations Legislation and the Future', in Public Sector Employment in the Twenty-First Century M. Pittard and P. Weeks (eds), ANU EPress, Canberra, ACT, 2007, chapter 11

‘Outsourcing and New Employer Entities: Challenges to Traditional Public Sector Employment’, in Public Sector Employment in the Twenty-First Century, M. Pittard and P. Weeks (eds), ANU EPress, Canberra, ACT, 2007, chapter 7

‘Public Sector Employment In The Twenty-First Century: Themes and Introduction’, in Public Sector Employment on the Twenty-First Century, M. Pittard and P. Weeks (eds), ANU EPress, Canberra, ACT, 2007, chapter one.

2006

'Fair Dismissal: A Devalued Right' in Teicher, Lambert and O'Rourke (eds), Work Choices: The New Industrial Relations Agenda, Pearson Education, Sydney (2006) Chapter 7

'Back to the Future: Unjust Termination of Employment under the Work Choices Legislation' (2006) 19 Australian Journal of Labour Law 225-241

'Earning Fees by a "Consultant": Employee or Independent Contractor?' (with Long, J.) (2006) 11(9) Employment Law Bulletin103-104

'Drafting and Validity of Clauses: Employment Matters and Certified Agreements' (with Russell, L.) (2006) 11(9) Employment Law Bulletin 102

'The contracting entity: legal issues relating to corporate employers, foreign corporations and franchises' (2006) 12(8) Employment Law Bulletin 85-89

'The New Law of Dismissal', Industrial Relations Conference (Nov 2006) Leo Cussen Institute
(ISBN 1921155 698)

'Employee Definition: Relevance to Work Choices Legislation and Beyond' (with Catanzariti, J.) (2006) 12(4) Employment Law Bulletin  37-39

'Reviewing awards under Work Choices: Taskforce Report' (with Heddle, B.) (2006) 12 (6/7) Employment Law Bulletin 68-69

'Multiple Business Agreements and the Work Choices Legislation', (with Meggiorin, H.) (2006) 12(2) Employment Law Bulletin 19

'Secret Ballots prior to taking Industrial Action and Work Choices Legislation' (with Oakes, J.M.) (2006) 12(4) Employment Law Bulletin  43

'The nature of work arrangement when services are provided through a family company' (2006) 12(5) Employment Law Bulletin  54-55

'Drafting and Validity of clauses: employment matters and certified agreements' (with Russell, L.) (2006) 11(9) Employment Law Bulletin  102-103

'Penalties Tripled for Workplace Death' (with Mumme, L.) (2006) 11(9) Employment Law Bulletin  99-101

'Redundency Cost Cutting and Work Choices' (with Smith, G.) (2006) 12(2) Employment Law Bulletin  13-15

Conference paper:
'The New Law of Dismissal', Industrial Relations Conference 2006, Leo Cussen Institute, Melbourne Australia, 31 October 2006

'Unfair Dismissal and Work Choices Legislation', Employment Law and Industrial Relations Series 2006, Leo Cussen Institute, Melbourne Australia, 1 March 2006

2005

'Rethinking Place of Work: Federal Labour Law Framework for Contemporary Home-Based Work and its Prospects in Australia' in J Murray (Ed) Work, Family and the Law (2005) 23 Law in Context, Federation Press, 148 -181

'Anticipating Federal Industrial Relations Changes' (with Lunny, J.) (2005) 11(7) Employment Law Bulletin 73

'The Uneasy Distinction: Employee or Contractor? (with Catanzariti, J.) 11(5) Employment Law Bulletin 49

'To Work or Not to Work? Is There a Duty on the Employer to Provide Work?' (with Smith, G.) (2005) 11(4) Employment Law Bulletin 37

'Agreements Straying Beyond Employment Matters: The Impact of the Agreement Validation Legislation' (2005) 18 Australian Journal of Labour Law 71

'The death of Electrolux? Validation of agreements and industrial action by federal legislation' (with G Smith) (2005) 10 Employment Law Bulletin 109

'Peter Balmford:  Academic, Lawyer and Monash University Law Review Contributor' (2005) 30 Monash University Law Review

2004

‘Ancora Imparo: The Historical Role of the Law Review in University Scholarship’ with P Heffey (2004), 29  Monash University Law Review 278

‘Multi-business certified agreements’ (with G Smith) (2004) 10 Employment Law Bulletin 103

2003

Australian Labour Law: Cases and Materials (with Naughton, R.) 4th ed, LexisNexis Butterworths, 2003 (1277 pages)

‘The “Labour Relations Power” in the Constitution and Public Sector Employees’, chapter in Lee and Winterton (eds), Australian Constitutional Landmarks, Cambridge University Press, 2003, p.355

‘The Dispersing and Transformed Workplace: Labour Law and the Effect of Electronic Work’ (2003) 16 Australian Journal of Labour Law 99

‘Use of disciplinary procedures within certified agreements’, (with E Pelka-Caven), (2003) 9 Employment Law Bulletin 84

‘Redeployment and redundancy pay’, (2003) 9 Employment Law Bulletin 105

‘Reinstatement and the duty to provide work’ (with C Gorr) (2003) 9 Employment Law Bulletin 18

‘Breach of fiduciary duty and damages to ‘punish’ employees’ (with J Lunny) (2003) 8 Employment Law Bulletin 96

2002

The Law Relating to Industrial Action in the Building and Construction Industry, Discussion Paper Eighteen, for the Royal Commission into the Building and Construction Industry, Commonwealth, 2002, (185 printed pages) (team headed by M Pittard)

‘Unfair Dismissal Laws: The Problem of Application to Small Businesses (2002) 15 Australian Journal of Labour Law154

‘Redundancy pay to workers with jobs: Gap in Certified Agreement’ (2002) 8 Employment Law Bulletin12

‘Union security clauses in certified agreements’ (2002) 8 Employment Law Bulletin25

2001

‘The spokes turn: employee versus independent contractor’, (2001) 7 Employment Law Bulletin46

‘A policy approach to jobs and work’; ‘Reasonable notice’ (2001) 7 Employment Law Bulletin 60; 61

2000

‘Pattern Bargaining and Enterprise Agreements: Proposed Federal Reforms’ (2000) 6 Employment Law Bulletin18

‘Living Wage Case’ (2000) 6 Employment Law Bulletin21

‘From Secure Prisons to Insecure Jobs:  The Casualisation of the Australian Labour Force’ (with J Draper) (2000) 5 Employment Law Bulletin81

1999

‘Award Simplification:  Past, Present and Future’ (1999) 27 Australian Business Law Review418

‘The Outsourcing Problem’ (1999) 5 Employment Law Bulletin54

‘Surf the New Wave:  Proposed Reforms in IR’ (1999) 5 Employment Law Bulletin33

1998

‘Victorian Industrial Relations: From Deregulation to Devolution’, chapter in The Australasian Labour Law Reforms: Australia and New Zealand at the End of the Twentieth Century (ed D Nolan), The Federation Press, Sydney, 1998, p.172

‘Unfair Dismissal Law and Federal Award Changes’, Centre for Professional Development, Accounting and ASIC Compliance (with G Smith), 1998

‘Award Simplification and the Workplace Relations Act; ‘Changes in Workplace Relations Laws’; ‘Recent Rulings on Award Matters’ (1998) 4 Employment Law Bulletin 1; 45; 75

‘Public Employment – Are Unlawful Dismissal Remedies Available?’; ‘Disciplinary Procedures’ (1998) 4 Employment Law Bulletin 20; 32

‘Administrators’ Termination of Employment’ (1998) 4 Employment Law Bulletin59

‘Waterfront – The Legal Process’; Waterfront Update – Further Legal Battles in a Continuing Saga; ‘Waterfront Dispute Settlement’ (1998) 4 Employment Law Bulletin 19; 25; 69

‘Multi-Business Agreement Certified’ (1998) 4 Employment Law Bulletin24

‘Living Wages’; ‘Fairness Issues in the Workplace’ (1998) 4 Employment Law Bulletin 27; 87

1997

‘World Standards, Local Implementation: Equal Opportunity via Industrial Relations Laws in Australia’ chapter in R Mitchell and J Wu (eds) Facing the Challenge in the Asia Pacific Region: Contemporary Themes and Issues in Labour Law, Centre for Employment and Labour Relations Law, University of Melbourne, 1997, p.233.

‘Collective Employment Relationships: Reforms to Arbitrated Awards and Certified Agreements’ (1997) 10 Australian Journal of Labour Law62

‘Awards - How Will They Look After Workplace Reforms?’; ‘Accident Pay and Medical Expenses - Award Matters?’ (1997) 3 Human Resources Law Bulletin 1; 25

‘IRC’s New ‘No Strike’ Powers’ (1997) 3 Human Resources Law Bulletin13

‘Disputes - Industrial Reality and Extravagant Claims’ (1997) 3 Human Resources Law Bulletin33

‘Australian Workplace Agreements and the ‘No Disadvantage’ Test’ (1997) 3 Human Resources Law Bulletin45

‘Award Simplification and Allowable Award Matters: Review’ (1997) 3 Human Resources Law Bulletin50

1996

‘Bargaining and Enterprise Flexibility Agreements’ (1996) 24 Australian Business Law Review62

‘Changes to Federal IR Act’ (1996) 2 Human Resources Law Bulletin3

‘New Equal Opportunity Act in Victoria’ (1996) 2 Human Resources Law Bulletin13

‘IR Commission Rules on Award Control of Contractors’ (1996) 2 Human Resources Law Bulletin17

‘Government Bill Proposes Transformation of Federal Labour Laws’ (1996) 2 Human Resources Law Bulletin (with G Smith) 25

‘Unregistered Collective Agreements: How Can They Be Enforced?’ (1996) 2 Human Resources Law Bulletin27

‘Redundancy and Termination’, ‘Who is an Employee?’; and ‘Compensation for Depression Resulting from Termination’ (1996) 2 Human Resources Law Bulletin 32; 33; 34

‘Federal Workplace Relations Reforms’ (1996) 2 Human Resources Law Bulletin 63 (with Clegg & Smith)

‘Safety Issues in Enterprise Bargaining’;‘Redundancy Pay Package Notice Binds in Contract’ (1996) 2 Human Resources Law Bulletin 46; 52

‘Race, Pregnancy, Temporary Illness and Family Responsibilities: Prohibited Reasons for Dismissal’ (1996) 2 Human Resources Law Bulletin37

1995

Industrial Relations in Australia: Development, Law and Operation, Longman, 1995, (co authors: C Fox and W Howard) pp i xxii; 1 650

Australian Labour Law: Cases and Materials, Butterworths, 3rd edition, 1995, (with R McCallum) pp i-xxxiii; 1-989
 
‘Industrial Law’, chapter in An Annual Survey of Australian Law 1994 (eds R Baxt and A Moore), Adelaide Law Review Association, Adelaide, 1995, p.319

 ‘Statutory Unlawful Termination of Employment: Review and Revision’ (1995) 8 Australian Journal of Labour Law238

‘Non-Unionised Bargaining: Enterprise Flexibility Agreements’; Severance Pay for Employees of a Wound Up Company’ (1995) 1 Human Resources Law Bulletin 49; 81

‘Application of the Statutory tests for EFA Approval’; and ‘EFA Applications Rejected’ (1995) 1 Human Resources Law Bulletin 54 55 and 60; 56 57 (with G Smith)

‘No Damages for Unfair Dismissal Under Awards: High Court’ (1995) 1 Human Resources Law Bulletin73

‘Employment Practices’ (1995) 1 Human Resources Law Bulletin

‘Compulsory Retirement: A Permissible Employment Practice?’; ‘Terminating Employment for Misconduct’ (1995) 1 Human Resources Law Bulletin 63; 65

1994

‘Informal Administrative Action’ in A E S Tay and C Leung (eds) Australian Law and Legal Thinking in the 1990s (with HP Lee), (A Collection of 32 Australian Reports (selected) to the XIVth International Congress of Comparative Law, Athens, 31 July - 6 August 1994), Faculty of Law, University of Sydney, 1994,p. 454

‘The Age of Reason: Principles of Unfair Dismissal in Australia’, chapter 2 in McCallum, McCarry & Ronfeldt (eds), Employment Security, The Federation Press, Sydney, 1994, p.16

‘Industrial Law’, chapter in R Baxt and A Moore (eds) An Annual Survey of Australian Law 1993, (with R McCallum), Adelaide Law Review Association, Adelaide, 1994, p.331

‘Industrial Labour Standards in Australia: Wages, Equal Pay, Leave and Termination of Employment’ (1994) 7 Australian Journal of Labour Law170

‘Federal Reinstatement Awards’ (1994) 22 Australian Business Law Review60

‘IRC Reviews Wage-Fixing Principles’, (with G Smith) (1994) 1 Human Resources Law Bulletin 1, 3

‘Family Responsibilities” (1994) 1 Human Resources Law Bulletin5

1993

‘Arbitration in Australia’, chapter in Labour Arbitration Yearbook (eds W Kaplan et al), Butterworths, Lancaster House, Toronto, Canada, 1993, p.345

‘Industrial Law’, chapter in R Baxt and A Moore (eds), An Annual Survey of Australian Law 1992 (with R McCallum), Adelaide Law Review Association, Adelaide, 1993, p.385

 ‘Industrial Conflict and Constraints: Sanctions on Industrial Action in Victoria’ (1993) 6 Australian Journal of Labour Law159

‘Fundamental Transformation of Employee Relations in Victoria’ (1993) 21 Australian Business Law Review220

1992

‘Industrial Law’, chapter in R Baxt and A Moore (eds), An Annual Survey of Australian Law 1991,Adelaide Law Review Association, 1992, 431

1991

‘Victorian Industrial Law’ (1991) 19 Australian Business Law Review468

‘Industrial Law’, chapter in R Baxt and G Kewley (eds), An Annual Survey of Australian Law 1990, Law Book Co Ltd, 1991, p.276

1990

Australian Labour Law:  Cases and Materials, Butterworths, 2nd edition, 1990, (with McCallum & Smith) pp i xxxv; 1 716

‘Legal Regulation of Collective Agreements in Victoria’ (1990) 3 Australian Journal of Labour Law271

‘Industrial Law,’ chapter in R Baxt and G Kewley (eds) An Annual Survey of Australian Law 1989 (with R McCallum), Law Book Co. Ltd, 1990, p280

‘Unfair Dismissal Jurisdiction in Victoria: Casamento Management Pty Ltd v Garlick’ (1990) 3 Australian Journal of Labour Law186

‘Rights and Obligations of Employees in Employment (You and Your Employment)’ in GT Pagone and J Wallace (eds) Rights and Freedom in Australia (Federation Press, 1990) 172

1989

‘Industrial Law’, chapter in R. Baxt and G Kewley (eds) An Annual Survey of Australian Law 1988 (with RC McCallum), Law Book Co. Ltd, 1989, p.126

‘Impediments to Reinstatement of an Employee engaged under a Federal Award’ (1989) 17 Australian Business Law Review283

Monash University Law Review Special Anniversary Edition (Vol. 15, Nos. 3 and 4, 1989) (edited with HP Lee, K Barrett and D Kreltszheim), approximately 300 pages [This issue was devoted exclusively to commissioned, refereed articles to celebrate 25th anniversary of Monash Law Faculty]

1988

‘Industrial Law’, chapter in R. Baxt and G. Kewley (eds) An Annual Survey of Australian Law 1987 (with R McCallum), Law Book Co. Ltd, 1988, p.278

‘Trade Practices Law and the Mudginberri Dispute’ (1988) 1 Australian Journal of Labour Law23

‘Developments in the Law of Wrongful Dismissal’ (1988) 16 Australian Business Law Review394

‘”Industrial Matters” and Commonwealth Judicial Power in the Coal Mining Industry’ (1988) 16 Australian Business Law Review70

‘Affirmative Action Programs for Private and Public Sector Employees’ (1988) 1 Australian Journal of Labour Law85

‘Registered organisations and the Industrial Relations Act 1988’ (Cth),
JL Trew, JW Shaw, & GJ McCarry (eds) Industrial Law, Butterworths

1987

‘Industrial Law’, chapter in R Baxt and G Kewley (eds), An Annual Survey of Australian Law 1986 (with R McCallum), Law Book Co. Ltd, 1987, p.65

‘Affirmative Action Programme for Women; National Wage Cases; Occupational Health and Safety Award; Section 45E of the Trade Practices Act’ (1987) 15 Australian Business Law Review293

‘Secondary Boycotts, the Trade Practices Act and the Industrial Relations Bill - New Directions?’ (1987) 3 Australian and New Zealand Trade Practices Advertising and Marketing Law Bulletin74

1986

‘Mudginberri Station Pty Ltd v Australasian Meat Industry Employees Union’ (1986) 14 Australian Business Law Review130

‘Industrial Law’, chapter in R Baxt and G Kewley (eds), An Annual Survey of Australian Law 1985, Law Book Co. Ltd, 1986, p.360

‘Superannuation Benefits and the Meaning of “Industrial Matters”’(1986) 14 Australian Business Law Review 325

‘Union Registration After the CYSS Case: The Teachers' Association Case’ (1986) 14 Australian Business Law Review413

‘The Problem of a Genuine Interstate Dispute; Proposed Changes to Australian Industrial Relations Law and Systems’ (1986) 14 Australian Business Law Review49

‘The Building Industry Act 1985 (Cth); Time Limits for appeals and Procedural Matters in the Australian Commission; Equal Pay and Comparable Worth’ (1986) 14 Australian Business Law Review220

‘The Mudginberri Dispute; The Builders Labourers' Federation’ (1986) 14 Australian Business Law Review519

1985

‘Industrial Law’, chapter in R Baxt and G. Kewley (eds), An Annual Survey of Australian Law 1984 (with R McCallum), Law Book Co. Ltd, 1985, p.343

‘Termination, Change and Redundancy Case; Problems of the Dual System of Federal and State Industrial Relations’ (1985) 13 Australian Business Law Review103

‘The Metal Trades Industry Association Case; National Wage Case - September 1983’ (1984) 12 Australian Business Law Review57

‘The Problem of ‘Ambit’ of the Dispute; Proposals to Amend Trade Practices Act; An Aftermath of the CYSS Case’ (1984) 12 Australian Business Law Review209

‘Re Brack; National Wage Case, April 1984; Industrial Law and Administrative Decisions (Judicial Review) Act 1977 (Cth)’; Legislative Developments (1984) 12 Australian Business Law Review290

1984

Confidential Information, in Lahore, Garnsey and Dwyer, Intellectual Property in Australia, Butterworths, 1984, Chs 1-3

‘Industrial Law’, chapter in R Baxt and G Kewley (eds), An Annual Survey of Australian Law 1983 (with R McCallum), Law Book Co. Ltd, 1984, 277

1983

‘Industrial Law’, chapter in R Baxt and G Kewley (eds), Annual Survey of Australian Law 1982, Law Book Co. Ltd, 1983, p.381

‘The Universities Case:  A Question of ‘Industry’; Conciliation and Arbitration (Amendment) Bill 1982’; National Wages; The Problem of Job Security’, (1983) 11 Australian Business Law Review133

1982

‘Industrial Law’, chapter in R Baxt and G Kewley (eds), Annual Survey of Australian Law 1981, (with R McCallum), Law Book Co. Ltd, 1982, p.94

‘Compulsory Conferences under the Conciliation and Arbitration Act 1904 (Cth)’; ‘Secondary Boycott and Union Liability; Other Developments’ (1982) 10 Australian Business Law Review353

‘The Conciliation and Arbitration Act 1904 (Cth) - Proposed Amendments and Review; Industrial Relations Act 1979 (Vic)’ (1982) 10 Australian Business Law Review432

1981

‘Industrial Law’, chapter in R Baxt (ed), An Annual Survey of Law 1980, (with McCallum ), Law Book Co. Ltd, 1981, p.174

‘Section 51(xxxv) of the Constitution - Industrial Disputes and Interstateness; National Wage Case - June and September 1989’ (1981) 9 Australian Business Law Review146

‘National Wage Case and Standard Hours - Commission Decisions; The Validity of Section 144A of the Conciliation and Arbitration Act 1904; The Meaning of “Industry” and “Industrial” Pursuit; Secret Ballots - Proposed Amendments’ (1981) 9 Australian Business Law Review271

‘The Validity of Boards of Reference; The Problem of Industry Nexus; The Transport Workers' Cases’ (1981) 9 Australian Business Law Review429

1980

‘Industrial Law’, chapter in R Baxt (ed), An Annual Survey of Law 1979, Law Book Co. Ltd, 1980, p.219

‘A Personality Crisis:  The Trade Union Acts, State Registered Unions and Their Legal Status’, (1979) 6 Monash University Law Review49

‘Industrial Law 1978’, chapter in R Baxt (ed), An Annual Survey of Law 1978, (with R McCallum), Law Book Co. Ltd, Sydney, 1979, p.164.