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University Of Melbourne Collective Agreement 2010

By April 14, 2021Uncategorized

The intention to extend the leave, including the extended leave envisaged (as part of this agreement) [∗] Associate Professor John Howe is Director of the Centre of Employment and Labour Relations Law, Melbourne Law School. Andrew Newman is a barrister at the Victorian Bar and PhD Candidate at Melbourne Law School. This research is part of a project funded from 2009 to 2011 by the Australian Research Council Discovery Grant DP0987637. The authors thank Ben Strong for his support of research in an earlier phase of this project. The authors also thank Chris Arup, Chris Dent, William van Caenegem and the participants in the Mobility and Competition Clause workshop, held in December 2012 at Ludwig-Maximilians University in Munich, for their useful comments on a previous draft of this document. [1] As Stewart found with respect to employment-related intellectual property, “There often appears to be a widespread misunderstanding in economic and industrial circles about relevant legal principles, which cannot always be said to correspond to intuitive common sense impressions or assumptions”: A Stewart, “Ownership of Property in the Context of Employment” (1992) 5 ALL 1. For more recent reflection on uncertainty about the limitation of trade clauses in employment contracts based on an empirical study conducted by Australian labour specialists, see C Arup et al, “Restraints of Trade: The Legal Practice” [2013] (2013) 36 UNSWLJ 1. [2] Macquarie Dictionary Online, February 26, 2013. [3] C Arup, `What/Who Knows- Restrictions on Trade and Concepts of Knowledge` [2012] MelbULawRw 10; (2012) 36 MULR 369 to 378-9. [4] Ibid., ibid.[5] Ibid.[6] W van Caenegem, `Inter-Firm Migration of Tacit Knowledge: Law and Policy` (2005) 23 Prometheus 285 at 296; J Riley, `Who owns human capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work” (2005) 18 AJLL 1. [7] Arup, above No 3, at 378. [8] Ibid.[9] Ebd.

399-400. Arup points out that the printing, law and financial services sectors are examples of areas where personal relationships between clients and employees may be of particular importance. See also J Riley, `Steriling Talent: A Critical Assessment of Injunctions Enforcing Negative Covenants` [2012] SydLawRw 29; (2012) 34 Syd LR 617 to 620. Riley notes that the era of word processing documents and previous documents has increased the prevalence of restrictive alliances for many moderately paid employees. [10] See z.B.C Dent, C Fenwick and K Newitt, `Legal Incentives to Promote Innovation at Work: A Critical Analysis( (2010) 21 Economic and Labour Relations Review 27; N D Bishara, “Covenants Not to Compete in a Knowledge Economy: Balancing Innovation from Employee Mobility against Legal Protection for Human Capital Investment” (2006) 27 Berkeley Journal of Employment and Labor Law 287; Riley, “Sterilizing Talent,” via No. 9. [11] The parameters of individual intellectual property and labour law regulation are discussed in more detail in Part 2 of the document. [12] Our methodology is subject to further review in Part 2 of the document.