LAW7338 - Forward with fairness: new labour law

Leader(s): Professor Marilyn Pittard

Offered

City (Melbourne) Term 4 2009 (On-campus split block of classes)

Synopsis

The recent developments proposed or enacted in federal labour law since the Work Choices changes, that is, the 'Forward with Fairness' law and policy, will be critically examined, including changes to workplace bargaining and bargaining in good faith, collective agreements, individual agreements, dispute resolution, industrial action, strike ballots laws, new institutions, legislated safety net conditions and award modernisation, unfair dismissal, implications for unions, and use of the Constitution's corporations power establishing a national system.

Objectives

The objectives of this unit are to:

1. critically explore the changes brought or proposed to the federal system of workplace relations since Work Choices by the federal Labor government's 'Forward with Fairness';
2. analyse the new approach to awards, bargaining, bargaining in good faith, dispute resolution and negotiating workplace agreements, including collective agreements and the role of individual agreements;
3. understand the role of the right to strike, secret ballots and unions;
4. analyse the role of new and proposed institutions in the system;
5. critically examine the constitutional and public policy underpinnings of the federal labour laws; and
6. understand the likely impact of the changes, including through analysis of recent court and tribunal decisions.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

In appropriate cases determined by the lecturer where a student has relevant background and experience, assessment may be one research assignment (7,500 words):100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Law of Employee Relations Law 7083 or a relevant background through study or practice as determined by the lecturer.