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Autumn 2008 Work InSights 

Welcome to the Autumn 2008 edition of Work InSights. Please click here to access the publication.

EDITORIAL:

The new federal Labor Government has already moved to change the Australian industrial relations system, introducing legislation to implement the first stage of its “Forward With Fairness” policy. Our main article discusses those changes and their practical implications for employers. These changes will not be the last, and Work InSights will also cover that further legislative change as details become available later this year.

The change of Government federally has revived talk of a single industrial relations system. We examine whether this is possible in Australia and what may be able to be done to reduce the amount of regulation facing Australian businesses because of dual systems of industrial relations.

We also look at two very different but very practical issues facing many employers. Firstly, we look at the risks that an employer faces in the process of interviewing prospective staff, and how to avoid those legal risks. Secondly, we look at some issues around keeping business documents private, in particular ensuring that when legal advice has been sought, either internally or externally, documents are not subject to forced disclosure in court proceedings.


CONTENTS:

1. From "WorkChoices" to "Forward with Fairness": first changes from the Labor Government
8. Can we have a single Industrial Relations System? The scope of the Industrial Relations Power
11. Avoiding legal risks in the interview room
13. Keeping employer's documents private: protecting legal privilege

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