Posted: August 23rd, 2013
Freedom of contract
Freedom of contract’ refers to the right of employer and employee to determine the content of an
employment contract in a mannerthat is free of
external interference. However Australian governments and courts have passed legislation and judgements that impose and restrict terms in an employment contract. This interference severely limits fairness in the workplace and
undermines freedom ofindividuals in contract bargaining”.
Critically examine this statement with particular reference to the applications ofAustralian employment laws and
cases. As this essay requires an analytical approach, you should extend your discussion beyond a mere description ofthe principles of contracts of employment. You should
use case authorities to support your arguments, and if possible illustrate with examples of contemporar cases. You should use a range of secondary authorities (books and articles), consistent in number and quality with an
university level essay, and duly acknowledged with proper referencing to support your assertions and arguments.
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