The Law Of Work In Australia
Introduction
Work relationships in Australia have been categorically divided between those regulated by principles of labour law (contracts of service) and the general commercial law (contracts for service).
This distinction is a fundamental one governing the rights and obligations of parties. While the foundations and objectives of labour law have been developed on an assumption of inequality between employer and employee, commercial law views the work contract as the product of free exchange between equals.
In the majority of cases the determination is either obvious or not in dispute. However, in some instances the determination is less than certain, notably, contract and labour hire workers performing ‘employee-like’ functions, and the trend toward vertical disintegration of production which is increasingly placing many workers outside the range of employment protection laws.
To what extent has the law protected such workers in this so-called ‘grey......
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Approximate Word Count: 1486
Approximate Pages: 6 (250 words per double-spaced page)
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