Joellen Riley joined UTS:Law in 2019. Her academic career includes many years at Sydney Law School (where she served as Dean of Law from 2013 till 2018), and some time on the Faculty of Law at UNSW. She joined the academy after a decade as a financial journalist, and some years in private practice at a commercial law firm. She is admitted as a legal practitioner in NSW, and has consulted to boutique employment law firms.
- Fellow of the Australian Academy of Law (AAL)
- Member of the Australian Labour Law Association (ALLA)
- Afiliate of the Australian Institute of Employment Rights (AIER)
Can supervise: YES
Employment contract law
The intersection of labour law and areas of commercial law
Equity & Trusts
Anderson, G, Brodie, D & Riley, J 2017, The Common Law Employment Relationship A Comparative Study, Edward Elgar Publishing.
This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.
Sappideen, C, O'Grady, PM, Riley, J & Smith, B 2016, Macken's Law of Employment, Lawbook Company.
For over 30 years, students, academics and professionals have relied on Macken's Law of Employment as Australia's most respected work in employment law. This 8th edition continues in that tradition.
Australian labour law, at least from the mid-twentieth century, was dominated by the employment paradigm: the assumption that labour laws scope was the regulation of employment relationships full-time and part-time, and continuing, fixed term or casual with a single (usually corporate) entity employer. But no sooner had the employment paradigm established and consolidated its shape, it began to fall apart. Since the 1980s there has been a significant growth of patterns of work that fall outside this paradigm, driven by organisational restructuring and management techniques such as labour hire, sub-contracting and franchising. Beyond Employment analyses the way in which Australian labour law is being reframed in this shift away from the pre-eminence of the employment paradigm. Its principal concern is with the legal construction and regulation of various forms of contracting, including labour hire arrangements, complex contractual chains and modern forms like franchising, and of casual employment. It outlines the current array of work relationships in Australia, and describes and analyses the way in which those outside continuous and fixed term employment are regulated. The book seeks to answer the central question: How does law (legal rules and principles) construct these work relationships, and how does it regulate these relationships?
Owens, R, Riley, J & Murray, J 2011, The Law of Work, Oxford University Press Australia.
Presents a principled approach to the subject matter and offers a reevaluation of the nature, scope and importance of employment and labour law. Owens, University of Adelaide; Riley, University of Sydney; Murray, La Trobe University.
Riley, J & Sheldon, P 2008, Remaking Australian Industrial Relations, CCH Australia Limited.
Summary: "Remaking Australian Industrial Relations is a collection of short reflective essays on the Australian IR system, framed around the question: ʻWhat should an IR system seek to achieve in contemporary Australia, and why?ʾ Edited ...
Owens, R, Owens, RJ & Riley, J 2007, The Law of Work, Oxford University Press, USA.
The major themes provide the basis for the analysis and critique of the most significant tribunal decisions, cases and legislative provisions. Author Owens from University of Adelaide, SA, author Riley from University of Sydney, NSW.
Riley, J 2007, Independent Work Contracts, Lawbook Company.
The Work Choices reforms and a new Independent Contractors Act 2006 (Cth) have changed the regulatory landscape for many workers.
Riley, J & Peterson, K 2006, Work choices: A Guide to the 2005 Changes, Thomson, Sydney.
Riley, J 2005, Employee Protection at Common Law.
Chapters include an explanation of the development in employment contract law of the duty of mutual trust and confidence, and its potential to resolve individual workplace disputes over such matters as performance-based pay and termination ...
Riley, J, McCarry, GJ & Smith, M 1997, Workplace relations a guide to the 1996 changes, Lbc Information Services.
a guide to the 1996 changes Joellen Riley, G. J. McCarry, Megan Smith. Preface
Commentators in the financial press have described the Workplace Relations
and Other Legislation Amendment Act 1996 as the most significant piece of ...
Riley, J & Brodie, D 2019, 'A Duty of Good Management? Protected Interests and the Employment Contract', Victoria University of Wellington Law Review, vol. 50, no. 2, pp. 303-320.View/Download from: UTS OPUS
Brodie, D & Riley, J 2019, 'A Duty of Good Management? Protected Interests and the Employment Contract', Victoria University of Wellington Law Review, vol. 50, no. 2, pp. 303-320.View/Download from: UTS OPUS or Publisher's site
This essay in honour of Gordon Anderson's contribution to employment contract law reviews the extent to which it is true to say that the law of the employment contract does in fact protect the employee's interests in a well-managed workplace, where the harm suffered is financial or psychological/psychiatric. It will be suggested that the law has evolved less radically than Lord Slynn's dictum might suggest.
Riley, J 2016, 'The Future of the Common Law in Employment Regulation', The International Journal of Comparative Labour Law and Industrial Relations, vol. 32, no. 1, pp. 33-44.View/Download from: UTS OPUS
Riley, J, Carter, J, Courtney, W, Peden, E & Tolhurst, G 2015, 'Terms implied in law: 'Trust and confidence' in the High Court of Australia', Journal of Contract Law, vol. 32, no. 3, pp. 203-230.
Riley, J 2012, 'A Safe Touch Down for Qantas?', Australian Journal of Labour Law, vol. 25, no. 1, pp. 76-83.
Riley, J 2012, 'Bargaining Fair Work Style: Fault-lines in the Australian Model', New Zealand Journal of Employment Relations, vol. 37, no. 1, pp. 22-29.
Riley, J 2012, 'Teaching Labour Law in a Common Law Jurisdiction', International Journal of Comparative Labour Law and Industrial Relations, vol. 28, no. 1, pp. 71-79.
Riley, J & MacDermott, T 2012, 'ADR and Industrial Tribunals: Innovations and Challenges in Resolving Individual Workplace Grievances', Monash University Law Review, vol. 38, no. 2, pp. 82-102.
MacDermott, T & Riley, J 2011, 'Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia', Journal of Industrial Relations, vol. 53, no. 5, pp. 718-732.View/Download from: Publisher's site
Riley, J 2011, 'Adverse Action Claims under the Fair Work Act 2009 (Cth)', Commercial Law Quarterly, vol. 25, no. 3, pp. 12-16.
Riley, J 2011, 'Australie: Le recours au faux travail independant', Revue de droit compare du travail et de la securite sociale, vol. , pp. 95-96.
Riley, J 2010, 'Australie: L'egalite des sexes, enfin?', Revue de droit compare du ravail et de la securite social, vol. , pp. 234-237.
Riley, J 2010, 'La riposte del diritto del lavoro australiano all crisi finanziaria globale (trans: Australian Labour Law Responses to the Global Financial Crisis)', Lavoro e Diritto, vol. 24, no. 1, pp. 151-164.
Riley, J 2010, 'The Tolpuddle Martyrs: Injustice Within the Law By Herbert Vere Evatt (with a new introduction by Geoffrey Robertson)', Australian Journal of Human Rights, vol. 16, no. 1, pp. 223-225.View/Download from: Publisher's site
In 2009, two major pieces of industrial legislation were enacted to give effect to the Labor Government’s commitment to replace Work Choices with laws for ‘Fair Work’. The Fair Work Act 2009 (Cth) promises to bring greater stability and simplicity to Australia’s workplace relations system. However, transitional rules in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) mean that it will be some time before participants in the system can enjoy these benefits. This review gives a brief account of both Acts before examining in more detail the enterprise bargaining rules which commenced operating in July under the supervision of a new institution, Fair Work Australia. We then consider two aspects of the Fair Work legislation which are most likely to provoke controversy when they commence operating in 2010, the adverse action and transfer of business provisions. We also look at the steps taken by federal and state governments to move towards a national system of workplace relations.
Riley, J 2009, 'The Boundaries of Mutual Trust and Confidence', Australian Journal of Labour Law, vol. 22, no. 1, pp. 73-86.
Riley, J 2009, 'Transfer of business under the Fair Work Act', Commercial Law Quarterly, vol. 23, no. 2, pp. 15-22.
Riley, J 2009, 'Workplace Dispute Resolution under the Fair Work Act: Is there a role for Private Alternative Dispute Resolution Providers?', Australasian Dispute Resolution Journal, vol. 20, no. 4, pp. 236-243.
Riley, J 2008, 'Innovation put on Ice? How overly jealous intellectual property protection discourages creativeity and productivity', Australian Intellectual Property Law Bulletin, vol. 20, no. 7, pp. 102-104.
Riley, J 2007, 'Election 2007: Industrial Relations Policy', Australian Review of Public Affairs, vol. September 2007, pp. 1-5.
Riley, J 2007, 'Employing Minors in New South Wales: The Industrial Relations (Child Employment) Act 2006 (NSW)', Australian Journal of Labour Law, vol. 20, no. 3, pp. 295-301.
Riley, J & Stewart, A 2007, 'Working Around Work Choices: Collective Bargaining and the Common Law', Melbourne University Law Review, vol. 31, no. 3, pp. 903-937.
Riley, J 2006, 'A Fair Deal for the Entrepreneurial Worker? Self-employment and Independent Contracting Post Work Choices', Australian Journal of Labour Law, vol. 19, no. 3, pp. 246-262.
Riley, J 2006, 'The Evolution of the Contract of Employment Post Work Choices', University of New South Wales Law Journal, vol. 29, no. 1, pp. 166-180.
The federal government’s WorkChoices reforms - finally passed by both houses of Parliament in December 2005 - dominated legislative development in the industrial relations field in 2005. This report digests the main features of the extensive changes wrought by this legislation, including the ‘hostile takeover’ of the State systems, the establishment of a new wage-fixing body, changes to workplace bargaining, more draconian controls on industrial action, and the changes to unfair dismissal protection. A constitutional challenge to this legislation has been lodged by several State governments. The outcome of this challenge will not be known for some time.
Riley, J 2005, 'Contracting for Work/Family Balance', Law in context (Bundoora, Vic.), vol. 23, no. 1, pp. 182-201.
Riley, J 2005, 'No 'poaching'? Why not? A reflection on the legitimacy of post employment restrictive covenants', Commercial Law Quarterly, vol. 19, no. 1, pp. 3-8.
Riley, J 2005, 'Pensioning off Lord Asquith's cook: Blackadder v Ramsay Butchering', Australian Journal of Labour Law, vol. 18, no. 2, pp. 177-177.
Riley, J 2005, 'Who Owns Human Capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work', Australian Journal of Labour Law, vol. 18, no. 1, pp. 1-25.
Riley, J & Peden, E 2005, 'Law Graduate Skills - A pilot study into employers’ perspectives', Legal Education Review, vol. 15, no. 1, pp. 87-124.
Riley, J 2004, 'A cautionary tale for employee advocates: Bredel v Moore Business Systems Ltd', Commercial Law Quarterly, vol. 18, no. 1, pp. 3-11.
Riley, J 2004, 'Book review: Harry Glasbeek, Wealth by Stealth', Sydney Law Review, vol. 26, pp. 456-458.
Riley, J 2004, 'Family friendly work practices and the law', Sydney Law Review, vol. 26, no. 3, pp. 395-426.
Riley, J 2003, 'Mutual trust and good faith: Can private contract law guarantee fair dealing in the workplace?', Australian Journal of Labour Law, vol. 16, no. 1, pp. 28-49.
Riley, J 2003, 'Protection for employment entitlements: a legal perspective', Australian Bulletin of Labour, vol. 29, no. 1, pp. 31-41.
Riley, J 2003, 'Who owns the customers? A reflection on recent cases on post-employment restraint clauses', Commercial Law Quarterly, vol. 17, no. 2, pp. 3-11.
Riley, J 2002, 'Review: Mee, J "The Property Rights of cohabitees"', Australian Journal of Family Law, vol. 16, no. 3, pp. 259-266.
Riley, J 2002, 'Unfair contracts review: Unfair favouritism for high flyers? A review of the proposal to amend s 106 of the Industrial Relations Act 1996 (NSW)', Commercial Law Quarterly, vol. 16, no. 2, pp. 15-22.
Riley, J 2001, 'Trust law and commercial contracts', Commercial Law Quarterly, vol. Sept-Nov, pp. 23-27.
Munton, J 2000, 'Individual contracting and collective bargaining in the balance', Australian Journal of Labour Law, vol. 13, pp. 92-98.
Riley, J 2000, 'A challenge for commercial certainty: Retention of title trusts', Commercial Law Quarterly, vol. 14, pp. 13-18.
Munton, JR 2020, 'Judge-Made Law in the Common Law World: A Conservative Influence on the Transformation of Labour Law by Statute' in Gyulavari, T & Menegatti, E (eds), The Sources of Labour Law, Wolters Kluwer, The Netherlands, pp. 75-94.View/Download from: UTS OPUS
The chapter is one of five explaining the 'horizontal issues' or thematic issues in a comparative study of the labour laws of 15 countries. This chapter explains the role of the common law (or judge-made) law in common law jurisdictions, and the influence it has had on the development of fundamental concepts in labour law. It also explains the principles of statutory interpretation that govern the complex relationship between judge-made and statutory law, in this statute-heavy field of law.
Riley, J 2018, 'General Protections: Industrial Activities and Collective Bargaiing' in McCrystal, S, Creighton, B & Forsyth, A (eds), Collective Bargaining Under the Fair Work Act, the Federation Press, Sydney, pp. 162-181.
Is the system of collective bargaining under the Fair Work Act broken? Both employers and unions think that it is, and that the legislation requires significant amendment.
Riley, J 2018, 'The Federal Court's Contribution to Australian Workplace Law' in Ridge, P & Stellios, J (eds), The Federal Court's Contribution to Australian Law: Past, Present and Future, pp. 289-307.
Riley, J 2017, 'Brand new 'sharing', or plain old 'sweating'? A proposal for regulating the new 'gig economy'' in Levy, R, O'Brien, M, Rice, S, Ridge, P & Thornton, M (eds), New Directions for Law in Australia: Essays in Contemporary Law Reform, ANU Press, Canberra, pp. 59-69.
Riley, J 2017, 'Regulating Work in the Gig Economy' in Ronnmar, M & Votinius, JJ (eds), Festskrift till Ann Numhauser-Henning, Juristforlaget i Lund, Sweden, pp. 669-684.
Riley, J 2016, 'Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions: A Study of Australia' in Freedland, M (ed), The Contract of Employment, Oxford University Press, United Kingdom, pp. 273-294.
Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication.
Riley, J 2016, 'Regulating the engagement of non-employed labour: A view from the Antipodes' in Brodie, D, Busby, N & Zahn, R (eds), The Future Regulation of Work: New concepts, New paradigms, Palgrave Macmillan, London.
Riley, J 2016, 'The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations' in Freedland, M (ed), The Contract of Employment, Oxford University Press, United Kingdom, pp. 321-340.
Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication.
Riley, J & Weiler, D 2016, 'Modern Day Gladiators: The Professional Athlete Employment Relationship Under the World Anti-Doping Code' in Haas, U & Healey, D (eds), Doping in Sport and the Law, Hart Publishing Limited, Oregon, pp. 171-188.
These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport.
Riley, J & MacDermott, T 2015, 'Age discrimination and labour law in Australia: An ambivalent commitment to equality in the face of a demographic imperative' in Numhauser-Henning, A & Ronnmar, M (eds), Age Discrimination and Labour Law, Wolters Kluwer, The Netherlands, pp. 321-336.
Age Discrimination and Labour Law. Comparative and Conceptual Perspectives in the EU and Beyond, presents a detailed investigation of age discrimination from the dual perspectives of labour law and non-discrimination law.
Riley, J 2013, 'Regulatory responses to the blurring boundary between employment and self-employment: A view from the Antipodes' in Kiss, G (ed), Recent developments in labour law, Akademiai Kiado, Wolters Kluwer group, Budapest, pp. 131-149.
Riley, J 2012, 'A blurred boundary between entrepreneurship and servitude: Regulating business format franchising in Australia' in Fudge, J, McCrystal, S & Sankaran, K (eds), Challenging the Legal Boundaries of Work Regulation, Hart Pub Limited, pp. 101-119.
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labor regulation, this collection of original case studies illustrates the wide range of different forms of regulation ...
Riley, J 2009, 'Commodifying Sheer Talent: Perverse Developments in the Law's Enforcement of Restrictive Covenants' in Arup, C & van Caenegem, W (eds), Intellectual Property Policy Reform Fostering Innovation and Development, Edward Elgar Pub, pp. 267-284.
The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and license specifications.Providing ...
Riley, J 2009, 'From Industrial Arbitration to Workplace Mediation: Changing Approaches to Dispute Resolution' in Forsyth, A & Stewart, A (eds), Fair Work The New Workplace Laws and the Work Choices Legacy, Federation Press, pp. 186-206.
This wide-ranging collection is an authoritative and accessible analysis of the profound changes to labour regulation under the Howard and Rudd Governments.
Riley, J & Sarina, T 2008, 'The New Conflict Managers: A Critical Assessment of Alternative Dispute Resolution Methods under Work Choices' in Michelson, G, Jamieson, S & Burgess, J (eds), New Employment Actors Developments from Australia, Peter Lang, Bern, pp. 223-234.
This volume contains a selection of papers which go back to a conference on new employment actors, held at the University of Sydney in November 2006.
Riley, J 2006, 'Regulating unequal work relationships for fairness and efficiency: A study of business format franchising' in Arup, C, Gahan, P, Howe, J, Johnstone, R, Mitchell, R & O'Donnell, A (eds), Labour Law and Labour Market Regulation Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, Federation Press, pp. 561-578.
Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating.
Riley, J New South Wales Government 2009, Public Holidays in NSW: REview of the Banks and Bank Holidays Act 1912, pp. 1-60, New South Wales.
Report of recommendations following a review of the Banks and Banks Holidays Act 1912 (NSW), with a view to enacting new public holidays legislation
Paper presented at the Law Society of Tasmania Employment Law Conference
Riley, J, 'Employees or Contractors? Engaging Staff Following Work Choices, and in the Light of the Proposed Independent Contractors Legislation'.