Associate Professor Shae McCrystal

Profile
Publications

Profile

Degrees and Qualifications

BA LLB (H1) PhD UTAS

Courses Taught

Labour Law – Convenor and Lecturer
Advanced Employment Law

Areas of Research Interest

Labour Law
Employment Law

Publications

Johnstone, R, McCrystal, S, Nossar, I, Quinlan, M, Rawling, M and Riley, J, Beyond Employment: The Legal Regulation of Work Relationships, Federation Press: Sydney (2012)
Fudge, J, McCrystal, S & Sankaran, K (eds), Challenging the Legal Boundaries of Work Regulation, Hart Publishing: Oxford (2012)
McCrystal, S, The Right to Strike in Australia, The Federation Press: Sydney (2010)

Book chapters

McCrystal, S, 'The Relationship between Protected Industrial Action, Recognition and Bargaining in Good Faith under the Fair Work Act 2009' in B Creighton & A Forsyth (eds), Rediscovering Collective Bargaining: Australia's Fair Work Act in International Perspective, Routledge: New York (2012 forthcoming)
McCrystal, S, 'Organising Independent Contractors: The Impact of Competition Law' in J Fudge, S McCrystal & K Sankaran (eds), Challenging the Legal Boundaries of Work Regulation, Hart Publishing: Oxford (2012) 139-154
McCrystal, S, ‘A New Consensus: The Coalition, the ALP and the Regulation of Industrial Action’ in A Forsyth & A Stewart (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy, Federation Press: Sydney (2009) 141-163
McCrystal, S, ‘Re-imagining the Role of Trade Unions after Work Choices’ in J Riley and P Sheldon (eds), Remaking Australian Industrial Relations, CCH Australia Ltd: Sydney (2008) 151-160
McCrystal, S, ‘Regulating Collective Rights in Bargaining: Employees, Self Employed Persons and Small Businesses’ in C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell (eds), Labour Law and Labour Market Regulation, Federation Press: Sydney (2006) 597

Refereed Journal Articles

McCrystal, S & Orchiston, T, 'Industrial Legislation in 2011' (2012) 54(3) Journal of Industrial Relations 277-292
McCrystal, S & Novitz, T, ‘”Democratic” Pre-conditions for Strike Action: A Comparative Study of Australian and UK Labour Legislation’ (2012) 2 The International Journal of Comparative Labour Law and Industrial Relations 115-146
McCrystal, S, 'Fair Work in the International Spotlight: The CEPU Complaint to the ILO’s Committee on Freedom of Association' (2011) 24(2) Australian Journal of Labour Law 163-172
McCrystal, S, ‘Industrial Legislation in 2010’ (with Smith, B) (2011) 53(3) Journal of Industrial Relations 288-302
McCrystal, S, 'Protected Industrial Action and Voluntary Collective Bargaining Under the Fair Work Act 2009' (2010) 21(1) The Economic and Labour Relations Review 37-52
McCrystal, S, 'The Fair Work Act 2009 (Cth) and the Right to Strike' (2009-2010) 23(1) Australian Journal of Labour Law 3-38
McCrystal, S, ‘Is there a "Public Benefit" in Improving Working Conditions for Independent Contractors? Collective Bargaining and the Trade Practices Act 1974 (Cth)’ (2009) 37(2) Federal Law Review 263-293
McCrystal, S, ‘Compulsory Secret Ballots for Protected Industrial Action’ (2008) 13(9) Employment Law Bulletin 104
McCrystal, S, ‘Re-imagining the Role of Trade Unions after Work Choices’ (2008) 18(2) Economic and Labour Relations Review 63-70
McCrystal, S, ‘Collective Bargaining and the Trade Practices Act: The Trade Practices Legislation Amendment Act (No 1) 2006 (Cth)’ (2007) 20 Australian Journal of Labour Law 207
McCrystal, S, ‘Collective Bargaining by Independent Contractors: Challenges from Labour Law’ (2007) 20 Australian Journal of Labour Law 1
McCrystal, S, ‘Smothering the Right to Strike’ (2006) 19 Australian Journal of Labour Law, 198
McCrystal, S, ‘Shifting the Balance of Power in Collective Bargaining: Australian Law, Industrial Action and Work Choices’ (2006) 16 Economic and Labour Relations Review, 193
McCrystal, S, ‘Unfair Dismissal, Reinstatement and Garden Leave: Blackadder v Ramsey Butchering Services Pty Ltd’ (2005) 33 Federal Law Review 555
McCrystal, S and Otlowski M, ‘Reflections on the Industrial Relations Amendment Act 1999 (Tas) and Obstacles to Industrial Reform in Tasmania’ (2002) 15 Australian Journal of Labour Law 68-83
McCrystal, S and Grossi, R, ‘Duress and Australian Workplace Agreements -The Schanka Litigation and other Developments’ (2002) 15 Australian Journal of Labour Law 184-197
McCrystal, S, Employee Protection or Flexibility and Efficiency: A Critique of the Workplace Relations Amendment (Australian Workplace Agreements Procedures) Bill 2000, (2001) 26 Alternative Law Journal 136
McCrystal, S, Application Fees and Tenants: Teething Problems for Tasmania’s New Residential Tenancy Act, (1999) 7 Australian Property Law Journal 235

Non-Refereed Journal Articles

McCrystal, S, ‘Pattern Bargaining After Work Choices’ (2006) (12) Industrial Law News 4
McCrystal, S, ‘Bargaining Under the Workplace Relations Act’ (2007) (1) Industrial Law News 1
McCrystal, S, Halsbury’s Laws of Australia, Industrial Law (Tasmania) (Update), April 2006
McCrystal, S and Otlowski, M, Halsbury’s Laws of Australia, Industrial Law (Tasmania) (Update), July 2000

Reports

McCrystal, S, ‘Attachment 1 – The Right to Strike: International Treaties and Convenants’ in Royal Commission into the Building and Construction Industry, The Law Relating to Industrial Action in the Building and Construction Industry, Discussion Paper Eighteen, November 2002, 150-180

Reference Works

'Industrial Law (Tasmania)', Halsbury’s Laws of Australia, (Update), February 2011

Conference papers

'The Relationship between Protected Industrial Action, Recognition and Bargaining in Good Faith under the Fair Work Act 2009 (Cth)', delivered at Collective Bargaining under Australia’s Fair Work Act: Assessing the New Legislation in International Perspective, RMIT Melbourne, 23-24 November 2010
'Organising Independent Contractors: The Impact of Competition Law' presented at a workshop at the Onati International Institute for the Sociology of Law, Blurring Legal Boundaries: Commercialization and Informalization of Work, Onati, Spain, July 1-2, 2010. Co-convenor (with Professor Judy Fudge and Dr Kamala Sankaran)
‘Changes to the Protected Industrial Action Regime under the Fair Work Act’, delivered at the 3rd Australian Workplace Relations Summit, Sydney, 10 June 2009
‘The Fair Work Act and Industrial Action’, delivered at the The Emerging Framework: Change in Australian Labour Law: 17th Annual Workplace Research Centre Labour Law Conference, Sydney, 15 May 2009
‘Is there a "Public Benefit" in Improving Working Conditions for Independent Contractors?: Independent Contractors and Collective Bargaining Under the Trade Practices Act’ , delivered at the 4th Biennial Conference of the Australian Labour Law Association, Melbourne, 14 November 2008
‘Collective Bargaining and Independent Contractors’, delivered at the 2nd Australian Workplace Relations Summit, Sydney, 12 May 2008
‘No Holds Barred ... Within Limits: Industrial Action as a Bargaining Tactic and Genuine Agreement Making’, presented at the Australian Employment Law Summit - Workplace agreements and contracts under a new regime, Sydney, 30 October-1 November 2007
'Collective Bargaining by Independent Contractors: Challenges from Labour Law', delivered at the 3rd Biennial Conference of the Australian Labour Law Association, Brisbane, 23 September 2006
'Work Choices and Industrial Action' delivered at the 15th Annual Workplace Research Centre Labour Law Conference, Sydney, 10 August 2006
'Another Day, Another Dollar:Workplace Relations Changes in 2005' delivered at ‘Scaling New Heights’, National Association of Community Legal Centres Conference, Canberra, 10 October 2005
'Regulating Collective Rights in Bargaining: Employees, Self Employed Persons and Small Businesses' delivered at the ‘Labour Law, Equity and Efficiency’ Conference at the University of Melbourne, 8-9 July 2005
'Australia and International Labour Standards Over the Past 10 years: Industrial Action and Collective Bargaining' delivered at the 17th LAWASIA Biennial Conference, Christchurch, New Zealand, 5 October 2001

Forum Presentations

'A New Consensus: The Coalition, the ALP and the Regulation of Industrial Action' delivered at Australian Labour Law: Form ‘Work Choices’ to ‘Fair Work’, Monash University, 2 July 2008
'Re-Imaging a Role for Trade Unions after WorkChoices', Panel Presentation, delivered at the ‘Remaking Industrial Relations Forum’, Sydney, 16 June 2008
'Work Choices and Community Sector Employers', delivered at the Work Choices Fringe Event, Australian Labour Law Association and Centre for Public and International Law, ANU College of Law, 10 May 2006
'The Impact of WorkChoices on Community Sector Employers', delivered at the ACTCOSS IR Forum, Canberra, 10 February 2006
'WorkChoice – What Choice? The Coalition Industrial Relations Changes and Poverty in the ACT', delivered at the Poverty and the Law Forum for National Poverty Week, Canberra, 21 October 2005
'Freedom of Association and Core Labour Standards: An Unhealthy Alignment?', delivered at the Roundtable Discussion of International Labour Standards, examining the recent work of Professor Philip Alston, University of Melbourne Law School, 8 September 2005

Seminars

Organising Independent Contractors: The Impact of Competition Law, delivered at the Faculty Seminar Series, Law Faculty, University of Technology Sydney, 12 October 2011
'Organising Independent Contractors: The Impact of Competition Law', delivered at the University of Montreal, Montreal, Canada, 8 April 2011
'Organising Independent Contractors: The Impact of Competition Law', delivered at the University of Laval, Quebec City, Canada, 5 April 2011
'Collective Bargaining by Independent Contractors Under Australian Law', presented at Industrial and Employment Relations Research Seminar, DIALOGUE, International Labour Organisation, Geneva, 19 July 2010
'Protected Industrial Action under the Fair Work Act – Recent Developments', Seminar presented to the Tasmanian Chapters of the Industrial Relations Society and Australian Labour Law Association, Law Society of Tasmania, 4 June 2010
'Collective Bargaining and Industrial Action' presented at Employment Relations & the Law Seminar Series 2010, Sydney, 5 May 2010
'Teaching Postgraduate Law: Law and Non Law Postgraduates in the Same Classroom' presented at 2nd Labour Law Teaching Workshop, University of Melbourne, 13 November 2008
'Independent Contractors and Collective Bargaining Under the TPA: Is there a "Public Benefit" in Improving Working Conditions for Contractors?', presented at the ‘Labour Law’ Seminar Series by Centre for Employment and Labour Relations Law, University of Melbourne, 24 January 2008
'Industrial Action After Work Choices', presented at the Staff Seminar Program, Faculty of Law, University of Tasmania, October 2006
'Independent Contractors and Collective Bargaining: Old Drama, New Actors', presented at the Research Workshop Series, Faculty of Law, Australian National University, 7 November, 2005
'Freedom of Association, Duress and Australian Workplace Agreements', presented at the ‘Legal Edge’ Seminar Series run by the Faculty of Law, Australian National University, 7 June 2001
'Legal Issues for Human Resource Managers', presented to Australian Bureau of Statistics Students, University of Canberra, 5 June 2001

Submissions to enquiries

McCrystal S, Submission to the Office of Consumer Affairs and Fair Trading (Tasmania), Residential Tenancy Act Review, November 2001
McCrystal S, Griggs L, and Mackie K, Joint Submission to the Office of Consumer Affairs and Fair Trading (Tasmania) Review of the Residential Tenancy Act 1997 (TAS), 1999

Newspaper and Online Opinion Pieces

McCrystal, S, ‘Short Change for Small Businesses’ Australian Financial Review13 December 2007, p 55
McCrystal, S, ‘Collective Bargaining for Small Businesses – One Year On’ On Line Opinion 20 December 2007

The University of Sydney - Sydney Law School

Associate Professor Shae McCrystal

Profile

Publications