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Dr Anthony Forsyth

Senior Lecturer, Business Law and Taxation

  • BJuris (Politics) (Monash)
  • LLB(Hons) (Monash)
  • GradDip (Labour Relations Law)
  • PhD (Melbourne)

Prior to joining Monash, Anthony worked as a Lecturer in the Law Faculties at the University of Melbourne and the Australian National University.

He has also worked extensively in legal practice, including several commercial firms and the Transport Workers Union.

Anthony continues to work as a Consultant in the Melbourne Workplace Relations Group of the national legal firm, Corrs Chambers Westgarth.

Research

Anthony's research interests cover all aspects of employment and workplace law, with a particular focus on collective bargaining, dispute resolution, trade unions and other forms of employee representation.

Contact details

Telephone
+61 3 9903 2917
Email
Email Dr Forsyth
Postal address
Department of Business Law and Taxation
PO Box 197
Caulfield East, Vic 3145
AUSTRALIA
He is also pursuing research projects exploring the intersection between labour law and corporate law, and developing models for partnership-oriented workplace relations systems in the Australian context.

Anthony is the Director of the Workplace and Corporate Law Research Group, and Executive Officer of the Business Law and Taxation External Advisory Committee.

Teaching

Anthony teaches in both the undergraduate and postgraduate programs, including the following subjects: Workplace Negotiations, Labour Relations Law, Workplace Law and Corporations Law.

Publications to date

Books

  • Anthony Forsyth, Breen Creighton, Val Gostencnik and Tim Sharard, Transition to Forward with Fairness: Labor’s Reform Agenda, Thomson Lawbook Co., 2008, 255 page.

  • Anthony Forsyth, Val Gostencnik, Iain Ross and Tim Sharard, Workplace Relations in the Building and Construction Industry, Lexis/Nexis Butterworths, 2007, 186 pages.

Chapters in Books

  • Stephen Bottomley and Anthony Forsyth, 'The New Corporate Law: Corporate Social Responsibility and Employees' Interests', in D McBarnett, A Voiculescu and T Campbell (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law, Cambridge University Press, 2007, 307-335.
  • Anthony Forsyth, 'Workplace Democracy Rights', in M Bromberg and M Irving (eds), Australian Charter of Employment Rights, Hardie Grant Books, 2007, 43-52.
  • Anthony Forsyth, 'Decentralisation and 'Deregulation' of Labour Relations through 'Ultra-Regulation': Australia's 2005 Labour Law Reforms', in S Ouchi and T Araki (eds), Decentralizing Industrial Relations: The Role of Labour Unions and Employee Representatives, Kluwer Law International, 2007, 125-142.
  • Anthony Forsyth, 'Giving Employees a Voice over Business Restructuring: A Role for Works Councils in Australia', in P Gollan and G Patmore (eds), Partnership at Work: The Challenge of Employee Democracy, Labor Essays 2003, Pluto Press, Sydney, 2003, 140-150.
  • Anthony Forsyth, 'Works Councils in Germany: Are They 'Transplantable' to Australia?', in P Gollan, R Markey and I Ross (eds), Works Councils in Australia: Future Prospects and Possibilities (The Federation Press, Sydney, 2002) 129-148.

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Refereed Journal Articles (journal rankings in brackets)

  • Anthony Forsyth, 'Australian Regulation of Economic Dismissals: Before, During and After 'Work Choices'' (2008) 30:3 Sydney Law Review (forthcoming; accepted for publication, subject to revision in accordance with comments of four referees) (Tier 1).
  • Anthony Forsyth, 'Dispute Resolution under Work Choices: The First Twelve Months' (2007) 18:1 Labour and Industry 21-46 (Tier 4).
  • Anthony Forsyth, 'Worker Representation in Australia: Moving Towards Overseas Models?' (2007) 33:1 Australian Bulletin of Labour 1-33 (Tier 5).
  • Anthony Forsyth, 'The 2006 Independent Contractors Legislation: An Opportunity Missed' (2007) 35 Federal Law Review 327-346 (Tier 2).
  • Anthony Forsyth, 'The 'Transplantability' Debate Re-Visited: Can European Social Partnership Be Exported to Australia?' (2006) 27:3 Comparative Labor Law and Policy Journal (US) 305-356 (Tier 2).
  • Anthony Forsyth, 'Corporate Social Responsibility: Accountability to Employees' (2006) 2:3 Monash Business Review 30-33 (Tier 6).
  • Anthony Forsyth and Carolyn Sutherland, 'Collective Labour Relations under Siege: The Work Choices Legislation and Collective Bargaining' (2006) 19:2 Australian Journal of Labour Law 183-197 (Tier 2).
  • Anthony Forsyth, 'Arbitration Extinguished: The Impact of the Work Choices Legislation on the Australian Industrial Relations Commission' (2006) 32:1 Australian Bulletin of Labour 27-44 (Tier 5).
  • Anthony Forsyth and Carolyn Sutherland, 'From 'Uncharted Seas' to 'Stormy Waters': How Will Trade Unions Fare under the Work Choices Legislation?' (2006) 16:2 The Economic and Labour Relations Review 215-236 (Tier 3).
  • Anthony Forsyth, 'The Retreat from Government Support for Social Dialogue in the Australian Public Service' (2003) 62:3 Australian Journal of Public Administration 52-64 (Tier 3).
  • Anthony Forsyth, 'Corporate Collapses and Employees' Right to Know: An Issue for Corporate Law or Labour Law?' (2003) 31 Australian Business Law Review 81-96 (Tier 2).
  • Anthony Forsyth, 'Trade Union Regulation and the Accountability of Union Office-Holders: Examining the Corporate Model' (2000) 13 Australian Journal of Labour Law 28-49 (Tier 2).
  • Anthony Forsyth, 'The European Framework Agreement on Fixed-Term Work: An Australian Perspective' (1999) 15 International Journal of Comparative Labour Law and Industrial Relations 160-170 (Tier 4).
  • Anthony Forsyth, 'Proposals for Statutory Union Recognition Rights in Britain and Implications for Australia' (1999) 12 Australian Journal of Labour Law 32-42 (Tier 2).

Non-refereed Journal Articles

  • Anthony Forsyth and Richard Mitchell, 'Trends in Labour Law Studies in Australia' (1999) 41 Monthly Journal of the Japan Institute of Labour 120-131.

Working Papers

  • Anthony Forsyth, Worker Representation in Australia: Moving Towards Overseas Models?, Working Paper No.8, Corporate Law and Accountability Research Group, Monash University, June 2007, 28 pages; also published as Monash University Department of Business Law and Taxation Research Paper No. 8, Social Science Research Network, July 2007, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1029884
  • Anthony Forsyth, Samantha Korman and Shelley Marshall, Joint Consultative Committees in Australia: An Empirical Update, Research Report, Corporate Governance and Workplace Partnerships Project, University of Melbourne, January 2007, 41 pages.
  • Anthony Forsyth, Peter Gahan, John Howe and Richard Mitchell, Regulating for Innovation in Workplace Production and Employment Systems: A Preliminary Discussion of Issues and Themes, Social Science Research Network, September 2006, 42 pages, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1129663
  • Anthony Forsyth, The 'Transplantability' Debate in Comparative Law and Comparative Labour Law: Implications for Australian Borrowing from European Labour Law, Working Paper No. 38, Centre for Employment and Labour Relations Law Working Paper Series, University of Melbourne, June 2006, 30 pages.
  • Anthony Forsyth and Stephen Bottomley, The New Corporate Law, Working Paper No.1, Corporate Law and Accountability Research Group, Monash University, June 2006, 24 pages (with Stephen Bottomley); also published as Monash University Department of Business Law and Taxation Research Paper No. 1, Social Science Research Network, June 2006, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1021083
  • Anthony Forsyth, Re-regulatory Tendencies in Australian and New Zealand Labour Law, Japan International Labour Law (JILL) Forum Special Series No. 14, ILO Association of Japan Inc, March 2001, 28 pages; also published as Working Paper No. 21, Centre for Employment and Labour Relations Law Working Paper Series, University of Melbourne, March 2001, 23 pages.

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Legislation and Case Notes

  • Anthony Forsyth, 'Giving Teeth to the Statutory Obligation to Consult over Redundancies', (2002) 15 Australian Journal of Labour Law 177-183.
  • Anthony Forsyth, 'A New Handbrake on Industrial Action … or Not? A Note on Cases Relating to Section 127 of the Workplace Relations Act 1996 (Cth)' (1998) 11 Australian Journal of Labour Law 152-158.
  • Anthony Forsyth, 'Recent Legislation: The Employee Relations (Amendment) Act 1994 (Vic.)' (1995) 8 Australian Journal of Labour Law 154-165.
  • Anthony Forsyth, 'Automatic v Elective Termination Theory Revisited: Siagian v Sanel Pty Ltd and APESMA v Skilled Engineering' (1994) 7 Australian Journal of Labour Law 246-252.
  • Anthony Forsyth, 'Contractual Incorporation of Award Terms: Byrne and Frew v Australian Airlines Ltd' (1994) 36 Journal of Industrial Relations 417-428.

Reviews

  • Anthony Fosyth, 'Bargained Out: Negotiating Without Unions in Australia by John Campling and Paul Gollan' (Book Review) (2000) 13 Australian Journal of Labour Law 320-323.
  • Anthony Forsyth, 'Ministerial Discussion Paper - Accountability and Democratic Control of Registered Industrial Organisations' (1999) 12 Australian Journal of Labour Law 193-198.

Edited Papers

  • Anthony Forsyth (ed), Works Councils in the Australian Context, Papers from a Public Seminar and Discussion for Participants in the Australian Labour Movement (RMIT Community Advocacy Unit, Melbourne, 2001).

Commissioned Research

  • Anthony Forsyth and John Howe, Current Initiatives to Encourage Fair and Cooperative Workplace Practices: An International Survey, Report for the Victorian Office of the Workplace Rights Advocate/Department of Innovation, Industry and Regional Development, June 2008.
  • Anthony Forsyth, Protection Against Economic Dismissals: How Does Australian Law Compare with ILO Standards and Five Other OECD Countries?, Supplementary Report for the Victorian Office of the Workplace Rights Advocate/Department of Innovation, Industry and Regional Development, November 2007.
  • Anthony Forsyth, Freedom to Fire: Economic Dismissals under Work Choices, Report for the Victorian Office of the Workplace Rights Advocate/Department of Innovation, Industry and Regional Development, August 2007.
  • Anthony Forsyth, Peter Gahan, Marco Michelotti, Andreas Pekarek and Renee Saibi, Collective Bargaining and Union Recognition Rights: Policy Issues for Australia, Research Report for the Australian Institute of Employment Rights, April 2006.
  • Anthony Forsyth, The Decline of Social Dialogue in the Australian Public Service, Monograph for the Government and Labour Law and Administration Department (GLLAD), International Labour Office, Geneva, January 2001.

Ph.D. Thesis

  • Transplanting Social Partnership: Can Australia Borrow from European Law to Improve Employee Participation Rights in Business Restructuring?, Law Faculty, The University of Melbourne, January 2005.

Conference/Seminar Papers & Presentations      (*) = by invitation

  • (*) The New Law of Good Faith Bargaining, forthcoming Presentation to the 16th Annual Labour Law Conference, Workplace Research Centre, University of Sydney, 15 August 2008.
  • The State of Australian Labour Law: A Summary of Current Themes and Issues, Closing Comments for the Research Workshop: 'Australian Labour Law: From 'Work Choices' to 'Fair Work'', Monash University, 2-3 July 2008.
  • 'Exit Stage Left', now 'Centre Stage': Collective Bargaining under Work Choices and Forward with Fairness, Paper for the Research Workshop: 'Australian Labour Law: From 'Work Choices' to 'Fair Work'', Monash University, 2-3 July 2008.
  • (*) How Will Fair Work Australia Operate?, Presentation to the IIR Conferences 'Fair Work Australia' Summit, Sydney, 28 April 2008.
  • (*) Labor's Proposals on Collective Bargaining and Good Faith Bargaining, Panel Presentation to the Australian Education Union, Industrial Officers' Forum: 'Modernising Australian Industrial Relations: Labor's Legislation to Go Forward with Fairness', Melbourne, 2 April 2008.
  • Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 and Towards 2010, Corrs Chambers Westgarth Client Presentation to Victorian Department of Innovation, Industry and Regional Development, 18 March 2008 (presented with Val Gostencnik and Tim Sharard); also presented as CLE Seminar to Corrs Chambers Westgarth Melbourne Workplace Relations Group, 4 April 2008.
  • (*) Fair Work Australia -v- AIRC: What Differences You'll See, Presentation to the Australian Industrial Relations Commission, Associates' Training Forum, Melbourne, 18 February 2008; also presented as a Dinner Address to the Australian Industrial Registry, Managers' Forum, Yarra Valley, 5 March 2008.
  • Protection Against Economic Dismissals: Australian Law Compared with Five Other OECD Countries, Paper for the Association of Industrial Relations Academics of Australia and New Zealand (AIRAANZ) Conference, Melbourne, 6-8 February 2008.
  • (*) International Approaches to Supporting Cooperative Workplaces, Seminar for Industrial Relations Victoria/Department of Innovation, Industry and Regional Development, Melbourne, 16 January 2008.
  • Implementing 'Forward with Fairness', CLE Seminar to Corrs Chambers Westgarth Melbourne Workplace Relations Group, 7 December 2007.
  • Union Right of Entry under the WR Act and Victorian OHS Act, CLE Seminar to Corrs Chambers Westgarth Melbourne Workplace Relations Group, 22 November 2007.
  • (*) Freedom to Fire: Economic Dismissals under Work Choices, Centre for Employment and Labour Relations Law Seminar, University of Melbourne, 31 October 2007; also presented to the HRM Law Class, Faculty of Business & Economics, Monash University, 18 October 2007; and CLE Seminar to Corrs Chambers Westgarth Melbourne Workplace Relations Group, 26 October 2007. 
  • (*) Social Partnership in Ireland: A Model for Australian Industrial Relations?, Commentary on Presentation by Kieran Mulvey, Chief Executive of the Labour Relations Commission Ireland, Australian Institute of Employment Rights Seminar, Melbourne, 2 October 2007.
  • Worker Representation in Australia: Moving Towards Overseas Models?, Paper for the International Industrial Relations Association (IIRA), 8th European Congress, Manchester, UK, 3-6 September 2007; also presented as CLE Seminar to Corrs Chambers Westgarth Melbourne Workplace Relations Group, 16 October 2007.
  • Regulating for Workplace Innovation: A Cross-National Comparison of Emerging Regulatory Strategies, Paper for the IIRA 8th European Congress, Manchester, UK, 3-6 September 2007.
  • (*) Overview of the Work Choices Dispute Resolution Framework and Developing Appropriate Dispute Resolution Procedures in Workplace Agreements, Workshop Presentations to the 2nd Annual Case Studies in Industrial and Employee Relations Conference, Melbourne, 20 June 2007; also presented as CLE Seminars to Corrs Chambers Westgarth Melbourne Workplace Relations Group, 28 June and 9 August 2007.
  • (*) Which Way Forward for Dispute Resolution: Work Choices or Fair Work Australia?, Seminar for the Australian Labour Law Association (SA Chapter), Adelaide, 19 June 2007.
  • New Federal Independent Contractors Legislation, Presentation to the Corrs Chambers Westgarth National Workplace Relations Group 'Masterclass', Melbourne, 16 March 2007.
  • 'Stretching' Australian Corporate Law to Accommodate the Interests of Employees, Presentation to the Corporate Law and Accountability Research Group Workshop 'Current Themes and Issues in Corporate Law', Monash University, 12 December 2006.
  • (*) Dispute Resolution - the Early Experience under Work Choices, Paper to the 5th Annual Thomson Workforce Conference, 'Work Choices Game On - The Next Moves', Melbourne, 13-14 November 2006.
  • (*) The Future of Employee Representation: Policy Options for Australia, Centre for Employment and Labour Relations Law Seminar, University of Melbourne, 27 October 2006 (presented with Peter Gahan); also presented to the Trade Unions and Freedom of Association Class, Graduate Program, Law Faculty, University of Melbourne, 7 November 2006.
  • (*) Beyond Work Choices: A Social Partnership Agenda for Australia, Panel Presentation to the Industrial Relations Society of Victoria Annual Convention, Melbourne, 20 October 2006.
  • Regulating for Innovation in Workplace Production and Employment Systems: A Preliminary Discussion of Issues and Themes, Paper for the 3rd Australian Labour Law Association National Conference, Brisbane, 22-23 September 2006 (presented with Peter Gahan).
  • Joint Consultative Committees in Australia: An Empirical Update, Paper for the 3rd Australian Labour Law Association National Conference, Brisbane, 22-23 September 2006 (presented by Shelley Marshall).
  • Bargaining, Representation and Participation Rights for Australian Workers, Presentation to the Australian Institute of Employment Rights Forum on a Charter of Employment Rights for Australia, Brisbane, 22 September 2006.
  • (*) Decentralisation and 'Deregulation' of Labour Relations through 'Ultra-Regulation': Australia's 2005 Labour Law Reforms, Paper for the 8th Comparative Labour Law Seminar, Japan Institute for Labour Policy and Training, Tokyo, 20-21 February 2006; also presented as Work Choices: Deregulation or 'Ultra-Regulation' of Labour Relations?, Staff Seminar, Department of Business Law and Taxation, Monash University, 28 April 2006 (presented with Carolyn Sutherland).
  • (*) Arbitration Extinguished: The Impact of WorkChoices on the Australian Industrial Relations Commission, Paper for the Queensland Industrial Relations Society Seminar, 'WorkChoices: The Devil in the Detail', Brisbane, 9 November 2005; also presented at the International Quality and Productivity Centre Conference, 'Implementing Industrial Relations Change', Melbourne, 14 December 2005.
  • Post-Electrolux Developments, Corrs Chambers Westgarth Client Presentation to the Victorian Department of Primary Industries, Melbourne, 4 April 2005.
  • Transplanting Social Partnership: Can Australia Borrow from European Law to Improve Employee Participation Rights in Business Restructuring?, Presentation of PhD findings, Law Faculty, University of Melbourne, 10 January 2005.
  • Employees and Independent Contractors: The Legal Issues, Corrs Chambers Westgarth Seminar to the Certified Practising Accountants Congress, Melbourne, 14 October 2004.
  • (*) A Unitary Industrial Relations System for Australia: Why, When and Will it Happen?, Presentation to the Industrial Relations Society of the ACT Annual Conference, Canberra, 31 March 2004.
  • (*) Outside Intervention or Necessary Evil? The Howard Government's Approach to Industrial Relations Regulation, Address to the Patron's Night Dinner, Industrial Relations Society of Victoria, Melbourne, 27 November 2003.
  • (*) 'A Bill for an Act to Transform Australia's Industrial Relations Culture' … Recent Legislative Initiatives at the Federal Level, Address to the Industrial Relations Society of Queensland Convention, Gold Coast, 26 September 2003.
  • Convenor, Forum on Executive Pay, Australian Labour Law Association (ACT Chapter) and Centre for Commercial Law, Australian National University, 10 September 2003.
  • Convenor and Closing Comments, The Future of Workplace Regulation Forum, Australian Labour Law Association (ACT Chapter) and Industrial Relations Society of the ACT, Canberra, 14 August 2003.
  • The Revival of Arbitration? Recent Experience in the AIRC, Paper for the 'Legal Edge' Seminar Series, Centre for Commercial Law, Australian National University, 5 August 2003.
  • Improving Employee Rights in Business Restructuring: Lessons for Australia from EU Law, Seminar to European Union Law Class, Graduate Program in Law, Australian National University, 13 June 2003.
  • What's in a Name? The Coalition Government's Third Term Agenda in Industrial Relations, Address to the Inaugural Forum of the Australian Labour Law Association (Tasmanian Chapter), Hobart, 28 April 2003.
  • Information and Consultation Rights for Employees: Comparative Law, Corporate Law and Labour Law Issues and Options, Workshop Paper at Australian Centre for Industrial Relations, Research and Training Conference, 'Models for Consultation: New Ways of Thinking about Employee Representation', Sydney, 15 November 2002.
  • Alternative Forms of Employee Representation in the Australian Context, Seminar to Unions and Industrial Action Class, Graduate Program, Law Faculty, University of Melbourne, 28 October 2002.
  • Corporate Collapses and Employees' Right to Know: An Issue for Corporate Law or Labour Law?, Paper for the Inaugural Conference of the Australian Labour Law Association, University of Melbourne, 4 October 2002.
  • Convenor, When Corporate Law and Labour Law Collide: Lessons from the Ansett Administration, Seminar held by the Centre for Employment and Labour Relations Law and the Centre for Corporate Law and Securities Regulation, University of Melbourne, 23 May 2002.
  • (*) Regenerating Employee Representative Structures in Australia, Keynote Address to the Suncorp Metway Employee Council Conference, Noosa, 7 March 2002.
  • (*) Works Councils for Australia: The State of the Debate and Where to Next?, Closing Address to the ACTU/Australian Services Union 'Works Councils in the Australian Context' Seminar, RMIT University, 9 April 2001.
  • (*) Re-regulatory Tendencies in Australian and New Zealand Labour Law, Paper for the Japan International Labour Law (JILL) Forum, University of Tokyo, 27 February 2001.
  • (*) Outsourcing and Insourcing: Industrial and Employment Law Issues, Seminar to Australia Post for Holding Redlich, Lawyers and Consultants, Melbourne, 16 November 2000.
  • The Retreat from Government Support for Employee Consultation and Participation in the Workplace, Paper for the Australasian Law Teachers Association Conference, Labour Law Interest Group Session, Canberra, 3-4 July 2000.
  • (*) Directions for Industrial Relations Reform under the Bracks Labor Government in Victoria, Presentation to Mallesons Stephen Jaques, Solicitors, National Industrial Law Conference, Lancefield, 25 March 2000.

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