Monash University Handbook 2010 Undergraduate - Unit

Synopsis

This unit will examine freedom of association of employees, the concept and its international basis, including through International Labor Organization conventions; relationship of the individual member to the union; legal status of trade unions and their obligations under legislative regimes; the right to strike in the context of bargaining in collective agreements and its international basis; when industrial action is lawful; and secret strike ballots. The operation of the common law and legislative controls on industrial action; the legal role of unions, including trade union's right of representation of employees in negotiating agreements and the issue of the non-unionist; protection to employees from discrimination in belonging, or not, to unions or bring involved in industrial activity. Case studies will be taken from jurisdictions including Australia, the European Union, the United Kingdom and North America.

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, the courts and international conventions in developing this concept;
3. the development of the concept of the right to strike and its international basis; and
4. collective labour rights.

Assessment

Examination (1.5 hours writing time plus 30 minutes reading not noting time) 50%; class presentation and notes 15%; and research assignment (2800 words) 35%.

Prerequisites

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