Industrial arbitration 415
Associate Professor M Pittard
15 points * Three 1-hour lectures per week * Second semester * Clayton * Prerequisites: See section 3 of faculty resolutions
This subject will primarily involve a study of Federal law relating to arbitration and enterprise bargaining. It involves a study of s.51 (xxxv) of the Australian Constitution, which gives the Commonwealth Parliament power to legislate to prevent and settle interstate industrial disputes by conciliation and arbitration. The case law surrounding this power, together with the relevant provisions of the Industrial Relations Act 1988 (Cth) and the Industrial Relations Reform Act 1993 (Cth) will be critically analysed and evaluated. The work and operations of the Industrial Relations Commission will also be examined and, in particular, its role in wage fixation (and settling of minimum entitlements or the floor of rights in wages) and enterprise agreements will be highlighted. The central question which will be posed is whether the High Court has, through its judicial review role, established a viable conceptual framework for the smooth operation of conciliation and arbitration and enterprise bargaining in Australia today. Current issues, such as unfair dismissal, the problems of home-workers and enterprise bargaining, will be examined. The new Federal reforms in enterprise and collective bargaining and comparisons with the Victorian system of employment agreements and voluntary arbitration will be discussed.
Assessment
Class test (50 minutes) or written assignment (2500-3000 words): 30% * Terminal examination (2 hours): 70%
Prescribed texts
McCallum and Pittard Australian labour law: Cases and materials 3rd edn, Butterworths, 1994