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Professor Andrew Stewart

Telephone +61 8 8313 4445
Position John Bray Professor of Law
Email andrew.stewart@adelaide.edu.au
Fax +61 8 8313 4344
Building Ligertwood Building
Floor/Room 2 24
Campus North Terrace
Org Unit Law School

To link to this page, please use the following URL:
http://www.adelaide.edu.au/directory/andrew.stewart

Biography/ Background

Andrew is the John Bray Professor of Law. His main interests lie in employment law and workplace relations, contract law and intellectual property. His most recent publications include: the fourth edition of his popular text  Stewart's Guide to Employment Law; the fifth edition of Intellectual Property in Australia, written with Philip Griffith, Judith Bannister and Adam Liberman; and Multinational Human Resource Management and the Law, co-authored with a group of distinguished international scholars.

Besides working as a consultant with the national law firm Piper Alderman, Andrew has provided expert advice to the International Labour Organisation, to Federal and State governments in Australia and to a wide range of other organisations. His recent work has included a ground-breaking study of the prevalence, nature and regulation of unpaid work experience, commissioned by the Fair Work Ombudsman and co-authored by Rosemary Owens; and a major research report on equal remuneration claims for the Fair Work Commission, along with Robyn Layton QC and Meg Smith. Prior to that, he advised the federal government on the drafting and structure of the Fair Work legislation. He is also part of a team that has recently been awarded an ARC Linkage Grant to study the Fair Work Commission’s role in facilitating workplace cooperation.

Andrew is the President of the Australian Labour Law Association, a fellow of the Australian Academy of Law, an Editor of the Australian Journal of Labour Law and co-director of the Adelaide Law School's research group on Work and Employment Regulation. He has previously been Chair of the Committee of Australian Law Deans and President of the Industrial Relations Society of South Australia. Before taking up his current post he worked at the University of Sydney and at Flinders University, where he was Dean of Law from 1994-1997.

Qualifications

BA (Hons) in Jurisprudence, BCL (Oxon)

Teaching Interests

Employment/workplace law
Contracts

Research Interests

Employment law and workplace relations
Contracts
Intellectual property

Publications

Recent publications (since 2010) include:

BOOKS

Intellectual Property in Australia (with Philip Griffith, Judith Bannister and Adam Liberman), 5th ed, LexisNexis, Sydney, 2014

Multinational Human Resource Management and the Law: Common Workplace Problems in Different Legal Environments (with Matthew Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho and Bernd Waas), Edward Elgar, Cheltenham (UK) and Northampton, Ma (US), 2013

Independent Contractors: A Practical Guide (with Piper Alderman), CCH Australia, Sydney 2013

Stewart's Guide to Employment Law, 4th ed, Federation Press, Sydney, 2013

Parental Leave: A User-Friendly Guide (with Erin McCarthy and Elise Jenkin), Lawbook Co, Sydney, 2011

Labour Law (with Breen Creighton), 5th ed, Federation Press, Sydney, 2010

REPORTS

Equal Remuneration under the Fair Work Act 2009 (with Robyn Layton QC and Meg Smith), Fair Work Commission, Melbourne, 2013

Experience or Exploitation? The Nature, Prevalence and Regulation of Unpaid Work Experience, Internships and Trial Periods in Australia (with Rosemary Owens), Fair Work Ombudsman, Melbourne, 2013

BOOK CHAPTERS

“Industrial Relations” (with Elise Jenkin) in J Spoehr (ed), State of South Australia: Turbulent Times, Wakefield Press, Adelaide, 2013, pp 280–300

“Illegality and Public Policy” in J L R Davis (ed), Contract: General Principles, 2nd ed, Thomson Reuters, Sydney, 2012, pp 197–249

“Regulating Youth Work: Lessons from Australia and the United Kingdom” (with Natalie van der Waarden) in R Price, P McDonald, J Bailey and B Pini (eds), Young People and Work, Ashgate, Farnham, 2011

ARTICLES

“Equal Remuneration and the Social and Community Services Case: Progress or Diversion on the Road to Pay Equity?” (with Meg Smith) (2014) 27 Australian Journal of Labour Law 31

“From the Arbitration System to the Fair Work Act:  The Changing Approach in Australia to Voice and Representation at Work” (with Mark Bray) (2013) 34 Adelaide Law Review 21

“Resolving Disputes over Employment Rights in Australia” (with Ron McCallum and Joellen Riley) (2013) 34 Comparative Labor Law & Policy Journal 843

“Contractual Penalties: Resurrecting the Equitable Jurisdiction” (with John Carter, Wayne Courtney, Elisabeth Peden and Greg Tolhurst) (2013) 30 Journal of Contract Law 99

"What is Distinctive About the Fair Work Regime?" (with Mark Bray) (2013) 26 Australian Journal of Labour Law 20

"Of ‘Kamikazes' and ‘Mad Men': The Fallout from the Qantas Industrial Dispute" (with Anthony Forsyth) (2013) 36 Melbourne University Law Review 785

“The Reach of Labour Regulation: Tackling Sham Contracting” (with Cameron Roles) (2012) 25 Australian Journal of Labour Law 258

“Economic Globalization and Convergence in Labor Market Regulation: An Empirical Assessment” (with Peter Gahan, Richard Mitchell, Sean Cooney and Brian Cooper) (2012) 60 American Journal of Comparative Law 703

“What’s Wrong with the Australian Law of Contract?” (2012) 29 Journal of Contract Law 74

“Australian Labour Law in Transition: The Impact of the Fair Work Act” (2012) 37 New Zealand Journal of Employment Relations 3

“Fair Work Australia: The Commission Reborn?” (2011) 53 Journal of Industrial Relations 563

“The Evolution of Labor Law in New Zealand: A Comparative Study of New Zealand, Australia and Five Other Countries” (with Gordon Anderson, Peter Gahan and Richard Mitchell) (2011) 33 Comparative Labor Law & Policy Journal 137

“Good Faith: A Necessary Element in Australian Employment Law?” (2011) 32 Comparative Labor Law & Policy Journal 521

“Employees and Indemnities” (with Beth Nosworthy) (2011) 27 Journal of Contract Law 18

“A New Dawn for Pay Equity? Developing an Equal Remuneration Principle under the Fair Work Act” (with Meg Smith) (2010) 23 Australian Journal of Labour Law 152

“The Evolution of Labour Law in Australia: Measuring the Change” (with Richard Mitchell, Peter Gahan, Sean Cooney and Shelley Marshall) (2010) 23 Australian Journal of Labour Law 61

“Choice of Law and the Enforcement of Post-Employment Restraints in Australia” (with Janey Greene) (2010) 31 Comparative Labor Law & Policy Journal 305

Professional Associations

Australian Academy of Law

National Tertiary Education Union

Research Associate, National Institute of Labour Studies, Flinders University

Industrial Relations Society of South Australia (President, 2001-03)

International Labour and Employment Relations Association

Association of Industrial Relations Academics of Australia and New Zealand

Australian Labour Law Association (President, 2009-)

Associate, Centre for Employment and Labour Relations Law, University of Melbourne

Overseas Correspondent, Committee on International Studies of the National Academy of Arbitrators (North America)

Law Society of South Australia (Industrial Relations Committee, 2009-2012)

Expertise for Media Contact

CategoriesEmployment & IR, Law, Crime & Justice
Expertiseemployment law; industrial law; workplace relations; industrial relations
Mobile0437 383 413

Entry last updated: Sunday, 28 Sep 2014

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