LAW4119

Industrial arbitration 406

Associate Professor M Pittard

6 points - Three 1-hour lectures per week - Clayton - Corequisite: LAW3200

Objectives On completion of this subject students should (1) understand the role played by the Constitution and the Workplace Relations Act 1996 (Cth) in contemporary Australian labour relations; (2) understand the role which the High Court and the Federal Court, through judicial review, have played in developing the legal framework for Australian industrial relations; and (3) be able to critically evaluate the legal operation of the federal system of dispute settlement and of determining conditions of employment by awards or collective or individual agreements.

Synopsis This subject will primarily involve a study of federal conciliation, arbitration and bargaining. Section 51(xxxv) of the Australian Constitution 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 Federal industrial relations legislation, will be critically analysed and evaluated. The reliance on other constitutional heads of power, such as the corporations power, in the enactment of the Workplace Relations Act 1996 (Cth) to facilitate agreements will be studied. The work and operation of the Australian Industrial Relations Commission will also be examined and, in particular, its role in wage fixation and enterprise agreements will be highlighted. The central question which will be posed is whether there is a viable conceptual framework for the smooth operation of conciliation, arbitration and bargaining in Australia today. Attention will be given to deregulation of labour relations in Australia. Legal issues such as the concept of industrial disputes and the position of non-unionists under awards and agreements will be discussed. Current issues, such as unfair dismissal, the problems of home-workers, and collective versus individual agreements, will be examined.

Assessment Class test (50 minutes) or written research assignment (2500 words): 30% - Final examination (2.5 hours): 70%

Texts

McCallum R C and Pittard M J Australian labour law: Cases and materials 3rd edn, Butterworths, 1995

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