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 employee. In particular, students will be encouraged to explore the extent to which an appropriate balance is achieved by the common law and by the statutory regulation of employment law.
There will be consideration of traditional and non-traditional forms of employment and independent contacting, sham contracting and the rise of the “gig” economy. There will be significant focus on the Fair Work Act 2009 (Cth), especially in relation to the national employment standards (NES), modern awards, adverse action, protections from vulnerable workers, unfair dismissal and unlawful termination, and enterprise bargaining and industrial action. State and federal laws dealing with discrimination and occupational health and safety will also be considered.
|Unit name||Labour Law|
|Faculty/School||College of Arts, Law and Education
Faculty of Law
Mr Mark Rinaldi and Ms Lucy Line
|Available as student elective?||No|
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Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
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|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|
4 hours of lectures daily (including 30 minutes break) daily from 8th of January to 18th of January, and class excursion to the Fair Work Commission and Federal Court on 19th January.
Media Case Study Group Presentation (10%); Research Essay (3000 Words) (50%); Open-Book Test (40%).
|Timetable||View the lecture timetable | View the full unit timetable|
Pittard and Naughton, Australian Labour and Employment Law, LexisNexis, 2015.
Rinaldi, Lambropoulos, Millar and Neal, Fair Work Legislation 2017 – 2018, Thomson Reuters, 2017.
Sappideen, O’Grady and Riley, Macken’s Law of Employment, 8th ed, Lawbook Co, 2016.
Stewart, Forsyth, Irving, Johnstone and McCrystal, Creighton & Stewart’s Labour Law, 6th ed, The Federation Press, 2016.
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.