May 2018

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Traversing the ‘Outer Limits’: the Fair Work Commission’s Jurisdiction over the employment relationship

There has always been a distinction between an employment relationship at common law, defined by the terms of the contract of employment, and the employment relationship as defined by the relevant Australian industrial instruments. They co-exist, and at times are synonymous, but not always.  The ‘gap’ between the contractual employment relationship, and the instrumental employment […]