Introduction
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.
Summary 2021
| Unit name | Labour Law |
|---|---|
| Unit code | LAW603 |
| Credit points | 12.5 |
| Faculty/School | College of Arts, Law and Education Faculty of Law |
| Discipline | Law |
| Coordinator | Mr Mark Rinaldi and Ms Lucy Line |
| Teaching staff | |
| Level | Advanced |
| Available as student elective? | No |
| Breadth Unit? | No |
Availability
Note
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* 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).
Fees
Requisites
Prerequisites
| 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 |
Teaching
| Teaching Pattern | 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. |
|---|---|
| Assessment | 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 |
Textbooks
| Required | Pittard and Naughton, Australian Labour and Employment Law, LexisNexis, 2015. Rinaldi, Lambropoulos, Millar and Neal, Fair Work Legislation 2017 – 2018, Thomson Reuters, 2017. https://www.coop.com.au/textbook/search/university-of-tasmania-hobart/1773/law603 |
|---|---|
| Recommended | 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. https://www.coop.com.au/textbook/search/university-of-tasmania-hobart/1773/law603 |
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