Undergraduate - UnitLAW4119 - Contemporary workplace relations law

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

Synopsis

This unit will examine the following major areas: -

1. the development of the Australian federal system for regulating workplace relations, industrial disputes and minimum conditions of employment, including the federal agencies Fair Work Australia and the Fair Work Ombudsman; the impact of globalization and international labour standards on the Australian labour market and its regulation;
2. the scope and coverage of the Fair Work Act 2009 (Cth), its constitutional basis and attempts to establish a national system;
3. statutory minimum conditions for Australian workers, minimum wages and the safety net provided by the Modern Award system
4. the purpose, scope and content of enterprise agreements; good faith bargaining and the use of industrial action as a bargaining tool,
5. the protection of workplace rights, such as the right to join a union; and
6. the enforcement of minimum conditions, modern awards and enterprise agreements through the Fair Work Ombudsman and the court system.

Outcomes

On completion of the subject students should understand:

1. the importance of the Fair Work Act 2009 (Cth) and the institutions it establishes in regulating all significant aspects of the Australian workplace relations system;
2. the centrality of constitutional power in determining the federal government's capacity to establish a uniform national workplace relations system;
3. how minimum standards for workers are set and enforced;
4. the legal nature of enterprise bargaining and the role of protected industrial action in bargaining for terms and conditions of work; and
5. how the Fair Work Act protects legislatively-defined workplace rights, including the freedom to choose whether or not to join a union.

Assessment

Class test (1hour plus 10 minutes reading time) or written research assignment subject to lecturer approval 1250 words: 25%
Examination (2 hours writing time plus 30 minutes reading time): 75%

Chief examiner(s)

Professor Marilyn Pittard

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3200 OR LAW3201