units

LAW7215

Faculty of Law

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Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 4 2011 (On-campus split block of classes)
Coordinator(s)Mr Richard Naughton

Synopsis

This unit examines:

  • the legal regulatory framework under the Workplace Relations Act 1996 (Cth) and collective/individual employment agreements, contract of employment and rights/duties of employers/employees
  • obligations of receiver/manager towards employees
  • employment aspects of acquisition/merger of businesses and winding up
  • closure of business (or part), outsourcing and redundancy payments
  • management in the context of occupational safety laws and responsibilities
  • sources of companies' superannuation rights and obligations to their employees
  • protecting businesses from competition by employees/ex-employees and industrial action.

Objectives

Upon completion of this unit, students should have:

  1. an understanding and working knowledge of labour law which are of particular significance to corporate lawyers in carrying out their responsibilities
  2. a general understanding of the common law and statutory regulatory framework of employer and employee rights and obligations in Australian
  3. a detailed understanding of the rights and obligations of employers and employees in the context of commercial business transactions including acquisitions, mergers, insolvencies, and of commercial entities' labour law responsibilities in outsourcing and restructuring business
  4. an understanding of sources of rights and obligations of corporate directors' in superannuation and workplace health and safety, and a knowledge of protecting business from both competition by employees and ex-employees, and from industrial action
  5. an ability to understand, evaluate and apply policy arguments for and against reform of laws and practices in the corporate and labour law area and to resolve employment problems relating to corporate law.

Assessment

Class participation: 10%
Take-home examination (no more than 2,250 words): 30%
Research paper (4,500 words): 60%

Chief examiner(s)

Mr Richard Naughton