The authors review some of the important decisions of the last year, including those relating to redundancy liabilities, transmission of business, union bargaining fees and the parameters of unprotected industrial action. In their review, the authors note the increasing propensity of industrial actors to opt for legally enforced resolutions ahead of industrially negotiated outcomes. The authors also comment that a failure to have regard to such an increasingly legal approach in industrial relations may hold the potential to unravel corporate and commercial transactions. In concluding, the authors express the view that while some of the pressing legal decisions of 2002 remain unresolved, one certainty is that the role of third party tribunals in abating the increasing trend of legalism will continue to be debated.

In their review of the major tribunal decisions, the authors review the significant cases of the previous year. These decisions touch upon newly contested terrains of industrial conflict such as employee entitlements and the ongoing use of the provisions of the Workplace Relations Act to thwart outsourcing strategies. To that end, the authors first analyse the Federal Court decisions arising from the controversial Manusafe employee entitlements trust fund and the Greater Dandenong City Council’s decision to outsource home care services. Secondly, the authors proceed to provide a considered review of the High Court’s assessment of the elusive distinction between employee and independent contractors. Thirdly,the authors reflect upon an interesting decision of the Australian Industrial Relations Commission which specifically exposed the interconnectedness of the Air New Zealand and Ansett Group of companies. The authors comment that the decisions reviewed are symptomatic of the evolving nature of industrial relations and industrial conflict.

The authors review the major decisions of the previous year. The review is focussed upon decisions that in some way affected or are likely to affect individual rights and obligations more so than collective ones. First, the article offers an analysis of the concept of joint employment and its potential application in Australian courts and tribunals. Second, the High Court's ruling in respect of the duty owed by employers to their employees' children is considered. The authors comment that the decision is indicative of the ever expanding duty of care owed by employers. Third, the authors analyse a decision that considers the application of the Trade Practices Act 1974 to employment matters. Fourth, a decision of the Queensland District Court is reviewed because it is the first decision of an Australian court recognising an actionable right to privacy. The authors note that this decision is subject to appeal and therefore is likely to be scrutinised by superior courts. Finally, the authors comment that the growth in the assertion of individual rights raises important cultural challenges for collective organisations, which are likely to be ventilated in the next 12 months through some important test cases.

The authors examine the major industrial decisions of the last 12 months, including the High Court's decision in the Work Choices Case. In doing so, the authors focus on the reasons given by the majority of the High Court in upholding the constitutional validity of the Work Choices reforms. The authors also analyse decisions of the Australian Industrial Relations Commission that have considered some of the industrial tactics used by both employers and unions in response to the Work Choices reforms. These decisions consider the meaning of the term 'public interest' in context of applications to terminate prereform enterprise agreements and also the appropriateness of union demands for 'common law side agreements' during protected bargaining periods. The authors comment that while the old province of industrial law and order has given way to a new one, new areas of contest will evolve.

This article reviews the major decisions of the previous year. These decisions touch upon a broad scope of signficant employment and industrial law issues. First, the article offers an analysis of the High Court judgments arising from the constitutional challenge to the award simplification process. Secondly, the High Court’s ruling in respect of the transmission of business provisions of the Workplace Relations Act 1996 (Cwlth) is considered. This discussion analyses the potential implications of the High Court’s decision to the burgeoning outsourcing landscape. Thirdly, the freedom of ssociation provisions have also been an issue on the judicial agenda in the past twelve months and an analysis of some of the important decisions is proffered. Finally, adopting a broad perspective, the authors note that the trend for increasing judicial involvement in the resolution of major workplace issues and disputes continues with no sign of abatement.