Professor Andrew Stewart

• Biography/ Background

  Andrew is the John Bray Professor of Law at the University of Adelaide. His main interests lie in employment law and workplace relations, contract law and intellectual property. His most recent publications include new editions of Creighton and Stewart's Labour Law, Stewart's Guide to Employment Law and Intellectual Property in Australia. He is part of several teams awarded Australian Research Council funding, including Discovery Grants to examine the regulation of post-secondary work experience and the organisation of work through digital platforms, and a Linkage Grant to study the role of industrial tribunals in facilitating workplace cooperation.

  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 major reports commissioned by the Fair Work Ombudsman and the Department of Employment on unpaid internships, and by the Fair Work Commission on equal remuneration claims. Prior to that, he advised the Australian government on the drafting and structure of the Fair Work legislation.

  Andrew is 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 2013) include:

  BOOKS
  

  Intellectual Property in Australia (with William van Caenegem, Judith Bannister, Adam Liberman and Charles Lawson), 6th ed, LexisNexis Butterworths, Sydney, 2018

  Creighton and Stewart's Labour Law (with Anthony Forsyth, Mark Irving, Richard Johnstone and Shae McCrystal), 6th ed, Federation Press, Sydney, 2016

  Stewart's Guide to Employment Law, 5th ed, Federation Press, Sydney, 2015

  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

  REPORTS

  Unpaid Work Experience in Australia: Prevalence, Nature and Impact (with Damian Oliver, Paula McDonald and Anne Hewitt), Department of Employment, Canberra, 2016

  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
  

  “At the Intersection of Education and Work: Young People, Equality and Regulation of the Labour Market” (with Anne Hewitt, Rosemary Owens and Joanna Howe) in J Howe, A Chapman and I Landau (eds), The Evolving Project of Labour Law, Federation Press, Sydney, 2017, pp 102–116

  “Labour Regulation, Work Experience and Youth: Lessons from the Scholarship of Ann Numhauser-Henning” (with Rosemary Owens, Anne Hewitt and Joanna Howe) in M Rönnmar and J Julén Votinius (eds), Festskrift till Ann Numhauser-Henning, Juristförlaget, Lund, 2017, pp 643–659

  "Continuity and Change in Australian Labour Regulation: Work Choices, Fair Work and the Role of the ‘Independent Umpire’” in K Hancock and R D Lansbury (eds), Industrial Relations Reform: Looking to the Future, Federation Press, Sydney, 2016, pp 40–65

  "Job Loss" (wuth Joanna Howe and Esther Sanchez) in M W Finkin and G Mundlak (eds), Comparative Labor Law, Edward Elgar, Cheltenham (UK) and Northampton, Ma (US), 2015, pp 268–295

  "Regulating for Job Quality" (with Jill Murray) in A Knox and C Warhurst (eds), Job Quality in Australia, Federation Press, Sydney, 2015, pp 37-62

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

   

  ARTICLES

  "Shall I Compare Thee to a Fitter and Turner? The Role of Comparators in Pay Equity Regulation’ Australian Journal of Labour Law" (with Meg Smith) (2017) 30 Australian Journal of Labour Law 113

  "Regulating Work in the Gig Economy: What are the Options?" (with Jim Stanford) (2017) 28 Economic & Labour Relations Review 420

  "Regulating for Decent Work Experience: Meeting the Challenge of the Rise of the Intern" (with Rosemary Owens) (2016) 155 International Labour Review 679

  “Swimming against the Tide: New Challenges for Unions under Australian Labour Law” (with Anthony Forsyth) (2016) 38 Comparative Labor Law & Policy Journal 99

  “Swimming Against the Tide? Australian Labour Regulation and the Fissured Workplace” (with Richard Johnstone) (2015) 37 Comparative Labor Law & Policy Journal 55

  “‘Promoting Cooperative and Productive Workplace Relations’: Exploring the Fair Work Commission’s New Role” (with Mark Bray, Johanna Macneil and Sarah Oxenbridge) (2014) 27 Australian Journal of Labour Law 258

  “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; republished as  “What is Distinctive About the Fair Work Regime?” in S L Willborn and A C Neal (eds), Yearbook of Comparative Labour Law Scholarship 2014, Lancaster House, Toronto, 2014, pp 261–300

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

   

• 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)

• Media Expertise

  Categories	Employment & IR, Law, Crime & Justice
  Expertise	employment law; industrial law; workplace relations; industrial relations
  Mobile	0437 383 413

Entry last updated: Tuesday, 29 Mar 2022

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