Abstract

This article reviews the major decisions of the previous year. These decisions touch upon a broad scope of significant employment and industrial law issues. First, the article offers an analysis of the High Court judgments arising from the constitutional challenge to the award simplification process. Secondly, the High Court’s ruling in respect of the transmission of business provisions of the Workplace Relations Act 1996 (Cwlth) is considered. This discussion analyses the potential implications of the High Court’s decision to the burgeoning outsourcing landscape. Thirdly, the freedom of association provisions have also been an issue on the judicial agenda in the past twelve months and an analysis of some of the important decisions is proffered. Finally, adopting a broad perspective, the authors note that the trend for increasing judicial involvement in the resolution of major workplace issues and disputes continues with no sign of abatement.

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