Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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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, or view unit timetables.

FacultyFaculty of Law
OfferedClayton Summer semester B 2014 (Day)


This Unit examines the right of employees to bargain collectively and the right of freedom of association in international law, and how those rights are reflected in the Fair Work Act 2009. This examination includes the regulation of enterprise bargaining, secret strike ballots and the right to strike in the context of bargaining for an enterprise agreement; the right to belong (or not to belong) to a trade union and the right to engage in lawful industrial activities.

The Unit also examines the role and functions of trade unions, the legal status of trade unions and their obligations. The role of the common law and the secondary boycott provisions in the control of unlawful industrial action are also considered.


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
  3. the concept of the right to strike and
  4. collective labour rights.


Internal assessment 40% comprising EITHER research assignment 2000 words OR case note 1500 words (30%) and class presentation on case (10%); AND
Examination (2 hours plus 30 minutes reading and noting time)

Chief examiner(s)


LAW1101 Introduction to Legal Reasoning, LAW1104 Research and Writing or an equivalent introductory course at another university.