This unit introduces individual and collective aspects of the employment relationship with a focus on the balance of rights and duties between an employer and an employee. In particular, students will be encouraged to explore the extent to which an appropriate balance is achieved by the Fair Work Act (FWA) especially in relation to national employment standards, modern awards, various types of leave, adverse action, protections for casual employees and contractors and unfair dismissal. Recent developments in these areas will be covered, as will their justification under prevailing policy settings and the role of Fair Work Australia.
Analysis will be given of the operation of the common law, federal law on employment terms and conditions and the tension between freedom of contract and collective entitlement will be examined. Critical discussion will be offered on: (i) the effect of recent attempts at modernization of federal labour law; (ii) the regulatory reach of federal law in light of the popularity of new types of work relationships; (iii) the decentralization of bargaining on pay and conditions and its relationship to new federal minima; (iv) the work/life balance and new 'family friendly' provisions in the FWA; and (v) the relationships between constitutional powers and the scope of federal labour law; the common law and statutory regulation; and domestic labour law and the international regulatory environment.
The topics covered by the unit are grouped into three sections:
- 1. Identifying employment relationships
- 2. Contractors and casual employment
- 3. Key rights and duties of employment
- 4. Minimum employment standards under Federal law
Statutory standards and processes
- 5. Federal labour law under the constitution and in international comparison
- 6. Employment termination and notice; federal unfair dismissal laws and adverse action
- 7. Grounds of discrimination and liability in the workplace
- 8. Modern awards
- 9. Federal enterprise agreements
Particular duty situations
- 10. Workplace safety (Occupational Health and Safety and workers' compensation)
- 11. Fidelity, trust and confidence
- 12. Workplace rights and new work relationships
- 13. Penalty rates, small business and anti-social working hours
|Unit name||Labour Law|
|Faculty/School||Faculty of Law
School of Law
|Discipline||School of Law|
Dr Rohan Price
|Available as student elective?||No|
This unit is currently unavailable.
Units are offered as On-campus where the majority of teaching will occur at the campus identified. Units offered Off-campus generally have no requirement for attendance at a physical university campus unless the unit has practical or fieldwork components*: the campus indicated for an Off-Campus unit is the one at which teaching is administered from.
*Please read the Unit Introduction in the Course and Unit Handbook for attendance requirements for units offered in Off-campus mode.
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Unit census dates currently displaying for 2017 are indicative and subject to change. Finalised census dates for 2017 will be available from the 1st October 2016.
|Band||CSP Student Contribution||Full Fee Paying (domestic)||Field of Education|
|3||2017: $1,324.00||2017: $1,561.00||090900|
Fees for next year will be published in October. The fees above only apply for the year shown.
Please note: international students should refer to this page to get an indicative course cost.
|LAW204 OR LAW250 AND LAW253 AND LAW256 AND LAW251 AND LAW252 AND LAW254 AND LAW255 OR LAW226 AND LAW222 AND LAW223 AND LAW224 AND LAW205 AND LAW221 AND LAW225 OR LAW223 AND LAW224 AND LAW352 AND LAW351 AND LAW221 AND LAW253 AND LAW222|
2 hour seminar weekly, and one 1 hour tutorial fortnightly
Active tutorial participation (20%); a problem-based 1500 word assignment (20%); 60% open-book exam.
|Timetable||View the lecture timetable | View the full unit timetable|
|Required||To be advised by Unit Coordinator|
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.