Contract, Labour Law and the Realities of Working Life

This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers.

Eugene Schofield-Georgeson is Senior Lecturer in the Faculty of Law at the University of Technology Sydney, Australia.

Acknowledgements vi Table of Legislation vii Table of Cases ix 1 Introduction 1 2 The Employee/Contractor Distinction and Casual Employment: Preferring the Employer's Contract Over the Worker's Reality 26 3 Implied Terms: Reality in Historical Perspective and the Neoliberal Approach 55 4 Adverse Action: . . . At the Employer's Convenience 78 5 Contract and Collective Bargaining: Neither Compulsory, Nor Voluntary Bargaining - Redesigning Collective Bargaining in the Image of Employer Power 93 6 The Right to Strike in the Shadow of Contract Law 118 7 What Can Be Done? 137 Bibliography 168 Index 182