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Dr Shae McCrystal

Profile

Degrees and Qualifications

  • PhD (Law) (December 2005); BA, LLB (Hons) (Tas) graduating with Honours First Class in Law (December 1997)

Courses Taught

  • Labour Law – Convenor and Lecturer (Semester 2 2007)
  • Advanced Employment Law (Semester 2 2007)

Areas of Research Interest

  • Labour Law
  • Employment Law

Publications

Book chapters

  • McCrystal S, ‘Regulating Collective Rights in Bargaining: Employees, Self Employed Persons and Small Businesses’ in (eds) C Arup, P Gahan, J Howe, R Johnstone, R Mitchell and A O'Donnell, Labour Law and Labour Market Regulation, Federation Press, Sydney 2006, 597.

Refereed Journal Articles

  • McCrystal, S, ‘Compulsory Secret Ballots for Protected Industrial Action’ (2008) 13(9) Employment Law Bulletin 104.
  • 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, ‘Re-imagining the Role of Trade Unions after Work Choices’ (2008) 18 Economic and Labour Relations Review 63.
  • 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.

Conference papers

  • Collective Bargaining and Independent Contractors, delivered at the 2nd Australian Workplace Relations Summit, Sydney, May 12, 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, October 30 - November 1 2007.
  • 'Collective Bargaining by Independent Contractors: Challenges from Labour Law', delivered at the 3rd Biennial Conference of the Australian Labour Law Association, Brisbane, September 23, 2006.
  • 'Work Choices and Industrial Action' delivered at the 15th Annual Workplace Research Centre Labour Law Conference, Sydney, August 10, 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, May 10 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

  • Independent Contractors and Collective Bargaining Under the TPA: Is there a ‘Public Benefit’ in Improving Working Conditions for Contractors?, Seminar presented in the ‘Labour Law’ Seminar Series run by the Centre for Employment and Labour Relations Law, University of Melbourne, 24 January 2008.
  • Industrial Action After Work Choices, Seminar presented at the Staff Seminar Program, Faculty of Law, University of Tasmania, October 2006.
  • Independent Contractors and Collective Bargaining: Old Drama, New Actors. Seminar presented at the Research Workshop Series run by the Faculty of Law, Australian National University on 7 November, 2005.
  • Freedom of Association, Duress and Australian Workplace Agreements.
    Seminar Presented at the ‘Legal Edge’ Seminar Series run by the Faculty of Law, Australian National University on Thursday 7 June 2001.
  • Legal Issues for Human Resource Managers.
    Seminar Presented to Australian Bureau of Statistics Students at the University of Canberra, Tuesday 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). Submitted in 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.