Professor Marilyn Pittard

Publications

2011

Pittard, M, '‘Reflections on the Commission's Legacy in Legislated Minimum Standards', (2001) 53 (5) Journal of Industrial Relations 698
 
Pittard, M, ‘Report on Australia'  in M Schlachter (ed), The Prohibition of Age in Discrimination in Labour Relations, Nomos, Baden-Baden Germany, 2011, 69 - 91
 
Heydon, G, Naylor, B, Paterson, M and Pittard, M, 'Lawyers on the Record: Criminal Records, Employment Decisions and Lawyers' Counsel" (2011) 32(2) Adelaide Law Review 205

2010

A  selected number of Professor Pittard's other publications may be accessed on line at: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=865924

Pittard, M and Naughton, R, Australian Labour Law: Text, Cases and Commentary (LexisNexis Butterworths, 5th ed, 2010).

Pittard, M, ‘Fair process in unfair dismissal claims: changing landscape under the Fair Work Act’ (2010) 17(4) Australian Journal of Administrative Law 199-204.

Pittard, M, ‘Workplace misconduct, the Small Business Fair Dismissal Code and the criminal process’ (2010) 16(8) Employment Law Bulletin 111-113. 

2009

'Legislation to refer employees and employers in state systems to federal fair work systems (2009) 15 Employment Law Bulletin 89 'Enforcement of labour standards: Local and overseas workers', conference paper, Labour Law XIX World Congress, Sydney, Sept 2009

Pittard, M, 'The contract of employment and inventions: legal principles for fleshing out duties by implying terms', (2009) 15 (8) Employment Law Bulletin,LexisNexis, Chatswood NSW, pp. 124-128.

2008

'In the Shadow of a Criminal Record: Proposing a Just Model of Criminal Record Employment Checks'  (with Naylor, B and Paterson M) (2008) 32(1) Melbourne University Law Review 171-198 

'The Fair Work Bill: The Blueprint for the National Workplace Relations System' (2008) 14(8) Employment Law Bulletin 70-75

Conference Paper
'Temporary Overseas Workers and Employment Standards' Australian Labour Biennial National Conference, Melb. November 2008

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 (book 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, Pittard M and Weeks P (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 in the Twenty-First Century, M. Pittard and P. Weeks (eds), ANU EPress, Canberra, ACT, 2007, Chapter one.

Crimes at work: the consequences for employment, Employment Law Bulletin, vol 13, issue 8, LexisNexis, Chatswood NSW 88-94

Independent Contractors: New National System of Reviewing Unfair Contracts and Ban on Shams (with Meggiorin, H.), Employment Law Bulletin, vol 13, issue 2, LexisNexis, Sydney NSW18-19

Employers' Liability for Criminal Acts of an Employee, Employment Law Bullein, vol 13, issue 7, LexisNexis, Sydney NSW 77-78

Restraining an Employee from Working with a Competitor: Court Enforces Restraint Clause in Employmnet Contract (with Smith, G.), Employmnet Law Bulletin, vol 13, issue 3&4, LexisNexis, Sydney NSW, 36-37

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 (6 pages)

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)
Previous Editions:
Australian Labour Law: Cases and Materials, Butterworths, 3rd edition, 1995, (with R McCallum) pp i-xxxiii; 1-989
Australian Labour Law:  Cases and Materials, Butterworths, 2nd edition, 1990, (with McCallum & Smith) pp i xxxv; 1 716

‘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