This annual survey of significant court and tribunal decisions in Australia in 2019 covers employer efforts to restrain employee communication outside the workplace through codes of conduct and the use of biometric technology in the workplace. It also considers the rise of class actions in employment law and the strategic use by large employers of consumer and intellectual property laws against trade unions in the context of industrial disputes.
Australian Industry Group (Ai Group) (2019) Class action claims total over $10 billion – Government needs to act quickly to protect economy. News Release, 30 October.
2.
Australian Law Reform Commission (2019) Integrity, Fairness and Efficiency – An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, Report 134. (Commonwealth of Australia, Brisbane).
3.
BrowneB (2019) Secondary Boycotts in Australia: History and Context. Discussion Paper, December. Canberra: Australia Institute.
4.
CaruanaJMorabitoV (2011)
Australian unions – The unknown class action protagonists. Civil Justice Quarterly30: 382–410.
5.
ChapmanAHoweJAinsworthS (2015) Organisational Policies and Australian Employment Law: A Preliminary Study of Interaction. Centre for Employment and Labour Relations Law Working Paper No. 53. Melbourne: Centre for Employment and Labour Relations Law.
ForsythA (2019) High court decision impacts free speech of all employees. Sydney Morning Herald, 8 August.
11.
HewettJ (2019) Class action boom triggers rules alarm. Australian Financial Review, 10 September, p.2.
12.
HoganR (2019) Truckers’ union exposes ‘disregard for safety’ in Aldi supply chain. Inside Retail, 16 October.
13.
IsmayL (2019)
Caps on electoral expenditure by third-party campaigners: Unions NSW v New South Wales.Sydney Law Review41(3): 397.
14.
KwanM (2019)
When is an electoral expenditure cap justified? A critique of Unions NSW v New South Wales. UNSW Law Journal6: 1–64.
15.
Marin-GuzmanD (2019a) IR class action costs ruling appealed. AFR, 18 November, p.10.
16.
Marin-GuzmanD (2019b) $45m class action claims miners were underpaid. Australian Financial Review, 5 November, p.9.
17.
Marin-GuzmanDBoltonR (2019) Lecturer Tim Anderson sues Sydney University over sacking. Australian Financial Review, 18 April.
18.
MeagherD (2004)
What is ‘political’ communication? The rationale of the implied freedom of political communication. Melbourne University Law Review28(2): 438.
19.
Murphy B and Cameron C (2006) Access to Justice and the Evolution of Class Action Litigation in Australia. Melbourne University Law Review 30: 399–440.
20.
PattyA (2019) Lawyers “disrupting” union role: Wage disputes. Australian Financial Review, 12 June, p.4.
21.
PenderK (2019a)
Comcare v Banerji: Public servants and political communication. Sydney Law Review41(1): 131.
SchaperMTLewerJ (2010)
Contemporary developments in Australian trade practices and their implications for industrial relations. Journal of Industrial Relations52(1): 27–41.
24.
StoneA (2001)
Rights, personal rights and freedoms: The nature of the freedom of political communication. Melbourne University Law Review25(2): 374.
25.
Transport Workers Union (TWU) of NSW (2019) Aldi drops key charges against TWU as hearings heat up. Media Release, 25 October.
26.
VargaR (2019) Israel Folau, Rugby Australia reach settlement. The Australian, 4 December.
27.
Victorian Law Reform Commission (2018) Access to Justice – Litigation Funding and Group Proceedings. (Victorian Law Reform Commission Report, Melbourne, March).
28.
WalkerJ (2019a) Uncle Hans’ stolen wages deal the new Mabo. The Australian, 10 July.
29.
WalkerJ (2019b) Payback time will never repair the broken lives of stolen wages generation. The Australian, 13 July.
30.
Workplace Express (2019a) Stolen wages settlement paves way for other states. 11 July.
31.
Workplace Express (2019b) Not court’s job to “promote” class actions: High court. 4 December.
32.
Workplace Express (2020) Uni drops damages claim against whistle-blowing academic. 16 January.
33.
WorthingtonETaylorK (2019) Australia’s top academics call for Murdoch University to drop case against whistleblower. ABC News, 22 October.
