Monash University Handbook 2010 Undergraduate - Unit

Synopsis

This unit will examine freedom of association of employees, the concept and its international basis; relationship of the individual member to the union; legal status of trade unions and their obligations under the Workplace Relations Act 1996 (Cth); the right to strike in the context of bargaining in collective agreements; 'protected' industrial action; secret strike ballots; the operation of the common law and the Trade Practices Act 1974 (Cth) to control industrial action; the legal role of unions under the Workplace Relations Act 1996 (Cth; protection to employees from discrimination in belonging, or not, to unions or bring involved in industrial activity.

Objectives

On completion of the subject students should understand

(1) the impact of laws (either through enhancement or restriction) which affect the right of workers to join together in trade unions and the legal status of unions; (2) the concept of freedom of association and the role played by the legislature and the courts in developing this concept;
1. the development of the concept of the right to strike in Australian labour relations; and
2. collective labour rights.

Assessment

Examination (2 hours writing time plus 30 minutes reading not noting time) 60%; research assignment (3200 words) 40% OR examination (3 hours writing time plus 30 minutes reading and noting time) 100%.

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202