Professor Andrew Stewart

Biography/ Background

Andrew Stewart is the John Bray Professor of Law at the University of Adelaide, and also works for the law firm Piper Alderman as a Legal Consultant. An Oxford law graduate, he held positions at the Universities of Adelaide and Sydney before moving to Flinders University in 1991 to help establish its law programme. In 1994 he was appointed to a chair. During his time at Flinders he served as Dean of Law, as Convenor of the Committee of Australian Law Deans, as President of the Australasian Law Teachers Association, and as President of the Industrial Relations Society of South Australia. He took up his current position in January 2008. His responsibilities at the Law School include being Associate Dean, Teaching and Learning (Postgraduate).

Andrew's main interests lie in employment law and workplace relations, contract law and intellectual property. He has written leading textbooks in the areas of labour law and intellectual property, as well as numerous articles for Australian and international journals. Andrew's most recent publications include a collection of essays entitled Fair Work: The New Workplace Laws and the Work Choices Legacy, co-edited with Anthony Forsyth and published by Federation Press, and the second edition of his popular text Stewart's Guide to Employment Law.

Besides working with Piper Alderman, Andrew has provided expert advice to the International Labour Organisation, to Federal and State governments in Australia, to the Auditor-General of South Australia and to a wide range of other organisations. He has played a prominent role in the public debate over workplace reforms, and has spoken and written widely about their implications for businesses, workers and unions. Andrew's recent projects include advising the federal government on the drafting and structure of its new workplace laws.

In November 2009 he was elected President of the Australian Labour Law Association.

Qualifications

BA (Hons) in Jurisprudence, BCL (Oxon)

Teaching Interests

Employment/workplace law
Contracts

Research Interests

Employment law and workplace relations
Contract law
Intellectual property

Publications

Recent publications include:

BOOKS

Stewart's Guide to Employment Law, 2nd ed, Federation Press, Sydney, 2009

Fair Work: The New Workplace Laws and the Work Choices Legacy (co-edited with Anthony Forsyth), Federation Press, Sydney, 2009

Understanding Independent Contractors (with Piper Alderman), CCH Australia, Sydney, 2007

Work Choices: What the High Court Said (with George Williams), Federation Press, Sydney, 2007

Labour Law (with Breen Creighton), 4th ed, Federation Press, Sydney, 2005

Intellectual Property in Australia (with Jill McKeough and Philip Griffith), Butterworths, Sydney, 2004

BOOK CHAPTERS

"Industrial Relations" in J Spoehr (ed), State of South Australia: From Crisis to Prosperity?, Wakefield Press, Adelaide, 2009

"Testing the Boundaries: Towards a National System of Labour Regulation" in A Forysth and A Stewart (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy, Federation Press, Sydney, 2009

"Overview 2007-2008: Labor's Plans for Workplace Reform" in Workplace Relations Legislation 2008: Forward with Fairness Edition, Thomson, Sydney, 2008

Chapters on "Sources of Labour Law", "Coverage of Federal, State and Territory Laws", "Awards" and "Agreements" (with Piper Alderman) in Australian Master Workplace Relations Guide, CCH Australia, Sydney, 3rd ed, 2008

"Good Faith and Fair Dealing at Work" in C Arup et al (eds), Labour Law and Labour Market Regulation, Federation Press, Sydney, 2006

"Labour Market Reform in a Federal System: Making the Best of a Flawed Framework" in Productivity Commission, Productive Reform in a Federal System, Productivity Commission, Canberra, 2006

"Illegality and Public Policy" in JLR Davis (ed), Contract: General Principles, Law Book Co, Sydney, 2006

ARTICLES

"A Question of Balance: Labour's New Vision for Workplace Regulation" (2009) 22 Australian Journal of Labour Law 3

"WorkChoices and Independent Contractors: The Revolution That Never Happened" (2008) 18(2) Economic and Labour Relations Review 53

"Working Around Work Choices: Collective Bargaining and the Common Law" (with Joellen Riley) (2007) 31 Melbourne University Law Review 903

"Playing Your Cards Right: Obligations of Disclosure in Commercial Negotiations" (with Leanne McClurg) [2007] AMPLA Yearbook 36

"Good Faith in Superannuation: Where Does it End?" (2007) 35 Australian Business Law Review 204

"Work Choices in Overview: Big Bang or Slow Burn?" (2006) 16(2) Economic and Labour Relations Review 25

"A Simple Plan for Reform? The Problem of Complexity in Workplace Regulation" (2005) 31 Australian Bulletin of Labour 210

"The AIRC's Evolving Role in Policing Bargaining" (2004) 17 Australian Journal of Labour Law 245

"When is an Agreement Not a Contract? The Uncertain Status of Heads of Agreement and Other Preliminary Arrangements" (with Jane Knowler) (2004) 18(2) Commercial Law Quarterly 21

Professional Associations

National Tertiary Education Union

Research Associate, National Institute of Labour Studies, Flinders University

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

International Industrial Relations Association

Association of Industrial Relations Academics of Australia and New Zealand

Australian Labour Law Association (National Committee member, 2007-)

International Centre for Trade Union Rights, Australian National Committee

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-)

Expertise for Media Contact

Categories	Employment and IR
Expertise	employment law; industrial law; workplace relations; industrial relations
Mobile	0437 383413

Entry last updated: Sunday, 7 Feb 2010