Labour organisations 415
Associate Professor M Pittard
15 points * Two 2-hour lectures per week * Summer semester * Clayton
The purpose of this subject is to examine the laws which affect the right (either through enhancement or restriction) of working people to join together in trade unions and to engage in industrial action. While the passage of conciliation and arbitration laws early this century, both at the Federal and State levels, has led to an acceptance of employee organisations, the law and especially the judiciary have always felt uneasy about these bodies. The tensions between the law and trade unions will be a main focus with an examination of the rights and status of trade unions and the 1993 reforms giving a right to strike. Issues which will be examined include (1) the common law industrial torts; (2) prohibitions on secondary boycotts and other statutory sanctions; (3) the right to strike and the impact of ILO covenants through the Industrial Relations Reform Act 1993 (Cth); (4) trade union incorporation and legal personality issues relating to unions; (5) trade union rules and the Industrial Relations Court of Australia; (6) secret ballots and trade union elections; (7) election `irregularities'; (8) victimisation of unionists; (9) conscientious objection to union membership and the closed shop; and (10) equal opportunity laws and trade union membership and non-membership.
Assessment
Written research assignment (3000 words) or class test: 40% * Terminal examination: 60%
Prescribed texts
McCallum and Pittard Australian labour law: Cases and materials 3rd edn, Butterworths, 1994