South Australia


Co-ordinators

Professor Andrew Stewart, The University of Adelaide: andrew.stewart@adelaide.edu.au
Erin McCarthy, Piper Alderman: emccarthy@piperalderman.com.au

The SA Chapter aims to hold several meetings each year. At these meetings there will normally be one or more papers/presentations covering a wide range of issues, ranging from 'big picture' policy issues to notes on recent cases or legislation.

Recent & Upcoming Events

SA Chapter Seminar- Thursday 23 June 2016

The SA Chapter of the Australian Labour Law Association will hold a seminar on the topic 'The Relational Employment Contract: Australian and UK Perspectives'. The seminar will be presented by Professor Douglas Brodie.

Where: Moot Court, Level 1, University of Adelaide Law School

When: Thursday 23 June 2016, 5.30 - 6.45

RSVP: Please RSVP by Monday 20 June to rhiannon.kinsey@adelaide.edu.au

For further information please click the following link:  SA Chapter Seminar 23 June 2016 Flyer  

SA Chapter Seminar - Thursday 12 October 2015

The SA Chapter of the Australian Labour Law Association held a seminar on the topic 'Super and Not so Super: Empirical Research Findings of Australia's Superannuation Guarantee. Professor Paul Second presented on the topic.

SA Chapter Seminar- Thursday 12 October 2015

The SA Chapter of the Australian Labour Law Association held a seminar on the topic 'American Unions in a Battle For Survival- The Problem with Free Riders'. Professor Paul Secunda presented on the topic, which followed with a commentary by Professor Andrew Stewart.

SA State Chapter Seminar- Thursday 30 March 2015

The SA Chapter of the Australian Labour Law Association held a seminar on the background, approach, and preliminary findings of a research project investigating the notion that Australian industrial tribunals should be seeking to promote cooperative workplace relations and improved organisational performance, rather than just resolving existing disputes. The seminar was presented by Professor Mark Bray (Newcastle Business School) and Professor Andrew Stewart.

Past Events

SA Chapter Seminar - 21 October 2013

Buying power: State procurement policies and labour standards

Two recent decisions (Construction, Forestry, Mining and Energy Union v State of Victoria [2013] FCA 445 and Construction, Forestry, Mining and Energy Union v McCorkell Constructions Pty Ltd (No 2) [2013] FCA 446) consider the breadth of the general protection provisions in the Fair Work Act as well as constitutional questions around the protection afforded to the States in the federation and the extent of their executive power.

In this seminar, leading industrial relations expert Rachel Doyle SC discussed the case and the intersections it raises between labour law and constitutional law. Rachel is a leading trial and appellate advocate and widely recognised as a specialist in Industrial and Discrimination Law.

SA Chapter Seminar - 21 August 2013: "Trust and Confidence in the Employment Relationship: Commonwealth Bank v Barker"

The Full Court of the Federal Court has just handed down a landmark ruling on whether employers are under an implied obligation not to undermine "trust and confidence" in their employment relations. Chris Bleby SC from Hanson Chambers and Stephen Mitchell from Anthony Mason Chambers explained the decision and discuss its implication for both employers and workers. The seminar was chaired by ALLA President, Professor Andrew Stewart.

SA Chapter Seminar - 2 July 2013: "The Fair Work Amendment Act 2013"

Erin McCarthy and Andrew Stewart, Partner and Consultant respectively with Piper Alderman, discussed the detail and practical implications of the changes proposed in the Fair Work Amendment Bill 2013. The Fair Work Amendment Bill 2013 is expected to be passed by the end of the current parliamentary sitting. It proposes to create a new "workplace bullying" jurisdiction for the Fair Work Commission, require employers to consult over changes to rosters or working hours, expand the right to request to flexible working arrangements, and make other important changes in relation to parental leave and union rights of entry. The Bill has also been amended to create a new option for consent arbitration of dismissal-related general protections claims, though other proposals in relation to the resolution of bargaining disputes were ultimately dropped.

SA Chapter Seminar - 17 April 2013: "Contracting with Personal Companies: No Longer a Simple Answer to a Complex Question?"

Claire Raimondo and Will Spargo, Partner and Associate respectively with Kelly & Co. Lawyers, will explore the implications of the decision in ACE Insurance Ltd v Trifunovski [2013] FCAFC for the often complex issue of determining whether a worker is an employee or contractor, particularly where a personal company is involved. It will suggest it is no longer safe to assume that contracting with a personal company will prevent a finding that a contract of employment exists between the principal and the individual performing the services.

SA Chapter Seminar - 27 February 2013

The SA State Chapter held a seminar by Tim and Simon Bourne, on the topic: Costs Orders and Deeds of Release under the Fair Work Act.

SA Chapter Seminar - 3 October 2012

The SA State Chapter held a seminar on Wednesday 3 October at the offices of Piper Alderman in Adelaide. Erin McCarthy and Elise Jenkin reviewed important recent developments, including the High Court's much-anticipated ruling in Bendigo TAFE v Barclay on the burden of proof in adverse action claims, the finding in Barker v Commonwealth Bank that a bank breached an implied duty of mutual trust and confidence in retrenching an executive, and FWA's determination in CFMEU v Queensland Bulk Handling that enterprise agreements cannot include individual opt-out clauses.

SA Chapter Seminar - 2 May 2012

The SA State Chapter held a seminar on Wednesday 2 May at the offices of Piper Alderman in Adelaide. Andrew Stewart, John Bray Professor of Law at the University of Adelaide and President of the Australian Labour Law Association, spoke on the topic "Evading Employment: Is it Time to Move the Goalposts?".

SA Kingsley Laffer Memorial Lecture - 23 April 2012

The Kingsley Laffer Memorial Lecture was held on Monday 23 April at the Hotel Grand Chancellor in Adelaide. It featured special guest speaker Helen Conway, Director of the Equal Opportunity for Women in the Workplace Agency (EOWA), who discussed "Gender in the Workplace – The Journey to Equality".

SA Chapter Seminar - 20 February 2012

The SA Chapter held a seminar on Monday 20 February 2012 from 5:30-6:45pm at the Adelaide Law School. Dr Meg Smith of the University of Western Sydney discussed the recent equal pay ruling by Fair Work Australia for the social, community and disability services sector, which will mean substantial pay increases for its mostly female workforce. Dr Smith's research into pay equity and the undervaluation of feminised work has been the basis of international and domestic journal articles, research consultancies, expert opinions and submissions to parliamentary inquiries.

SA Chapter Seminar - 12 December 2011

The SA Chapter held a seminar on Monday 12 December 2011 at the Adelaide Law School. Anthony Forsyth of Monash University addressed the topic 'Of "Kamakazes" and "Mad Men": the Fallout from the Qantas Dispute". The protracted bargaining dispute at Qantas not only attracted public attention – it also highlighted several issues relating to the operation of key provisions of the Fair Work Act. Anthony Forsyth discussed these issues and possible policy responses that might emerge from the federal government's review of the Fair Work Act in early 2012. Andrew Stewart provided a commentary on Anthony's presentation.

SA Chapter Seminar - 22 June 2010

On Tuesday 22 June the SA Chapter held a seminar at Piper Alderman. Erin McCarthy, Senior Associate at Piper Alderman, addressed the topic 'Great Expectations? The New Rights to Parental Leave'. Erin briefly reviewed the changes that have been made to an employee's right to unpaid parental leave under the National Employment Standards, then went on to examine in more detail the Rudd Government's proposed new scheme for paid parental leave (PPL). She considered in particular how the new entitlement, expected to commence in 2011, interacts with existing rights to parental leave; and more broadly how the NES, PPL, adverse action and discrimination laws interact to regulate how employers deal with employees who are pregnant, on maternity leave or have returned to work.

SA Chapter Seminar - 17 November 2009

On November 17, the SA Chapter held a Seminar at the University of Adelaide. Natalie James, General Counsel, Fair Work Ombudsman addressed the topic 'What is the FWO's Role?' The seminar presented a terrific opportunity to hear about how the Office of the Fair Work Ombudsman was adjusting to its responsibilities under the Fair Work Act 2009. Natalie James is an engaging speaker with a wealth of knowledge about the Fair Work legislation, the drafting of which she oversaw in her position as Chief Counsel for the Workplace Relations Legal Group within the Department of Education, Employment and Workplace Relations. There is no one better placed to talk about the new laws and the challenges of ensuring compliance with them.

SA Chapter Seminar - 17 March 2009

The South Australian State Chapter held a Seminar on Tuesday 17 March. Peter Hampton, Director of Policy and Strategy, SafeWork SA, discussed the topic: Safety First? The Future of OHS Regulation.

SA Chapter Seminar - 4 August 2008

On Monday 4 August, the South Australian Chapter of the Australian Labour Law Association held a seminar titled 'The National Employment Standards: Assessing Labor's New Safety Net'. Professor Rosemary Owens and Professor Andrew Stewart from the University of Adelaide Law School analysed the content of the NES, explained how they will relate to the new award system, and considered some of the policy implications of the decisions that Labor has made (and in some cases not yet made) about its statutory safety net.

SA Chapter Seminar - 19 June 2007

The SA Chapter held its most recent Seminar on Tuesday 19 June from 5:30pm at Piper Alderman Solicitors. Dr Anthony Forsyth discussed the topic Which Way Forward for Dispute Resolution: 'Work Choices' or 'Fair Work Australia'?.

SA Chapter Seminar - December 2006

Professor Andrew Stewart was the main speaker at a seminar on 'Employment Issues in the Transmission of Business: General Principles and Recent Developments' at the office of Piper Alderman in Adelaide.

SA Chapter Seminar - December 2006

In December 2006 the SA Chapter of ALLA together with the Australian Association of Constitutional Law presented a joint seminar to discuss the High Court's Decision: Work Choices [2006] HCA

SA Chapter Seminar - April 2006

Dr Joellen Riley spoke on the topic "Common Law Collective Agreements After ''Work Choices' - Where to Now?' at the first meeting of the SA Chapter of ALLA for 2006, in the Moot Court Room at the Law School, University of Adelaide.

SA Chapter Seminar - October 2003

The Australian Labour Law Association held a seminar by Professor Richard Mitchell of the University of Melbourne entitled 'Why Aren't High Performance Workplaces Exposed in Terms of Industrial Agreements'

SA Chapter Seminar - June 2003

The first meeting of the SA Chapter for 2003 was addressed by Ms Kaye Noyen of EMA Legal on the topic 'Protected Action - Who are the Winners?'. Ms Noyen's presentation included a brief overview of the Federal Workplace Relations Act concerning protected action, and considered issues relevant to challenging action alleged to be protected, whether the provisions dealing with protected action make for better agreements and, in the end, who are the winners.