LAW4119 · Contemporary workplace relations law

Overview

This unit will examine the following major areas: • the development of systems for regulating dispute settlement and determining conditions of employment, including the Australian federal system for regulating workplace relations, industrial disputes and minimum conditions of employment, the systems in North America, United Kingdom and Europe; • the impact of globalization and international labour standards through international labour organization conventions and its regulation; • the scope and coverage of domestic legislation, including the Fair Work Act 2009 (Cth) and its constitutional basis and the degree of legislative intervention in North America, United Kingdom and Europe; • sources of minimum conditions, minimum wages and the safety nets; • the purpose, scope and content of collective and enterprise agreements, good faith bargaining and the use of industrial action as a bargaining tool; • the protection of workplace rights, such as the right to join a union in Australia, Canada, United States, United Kingdom and Europe; and • approaches to the enforcement of minimum conditions, modern awards and enterprise agreements, in Australia through the Fair Work Ombudsman and the court system and in Canada, United States, United Kingdom and Europe through the courts and relevant specialist courts.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Understand and appraise the importance of international conventions and domestic legislation in relation to industrial dispute settling and setting minimum terms and conditions of employment in Australia, United States, Canada, United Kingdom and Europe;
2. Appreciate the impact of constitutional powers in establishing workplace relations systems;
3. Determine how minimum standards for workers are set and enforced;
4. Critique the legal nature of collective or enterprise bargaining and the role of industrial action in bargaining for terms and conditions of work;
5. Debate and critically analyse how legislation protects workplace rights, including the right to bargain collectively and the freedom to choose whether or not to join a union; and
6. Research and apply the law studied to new and emerging contemporary problems in the labour law field.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.