LAW4119

Industrial bargaining and arbitration 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)

Synopsis: Federal conciliation, arbitration and bargaining. Case law surrounding the Commonwealth power to settle interstate industrial disputes. Workplace Relations Act 1996 (Cth) and the reliance on other constitutional heads of power in enacting industrial relations legislation. The work and operation of the Australian Industrial Relations Commission in making awards and approving agreements. The 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. Current issues, such as unfair dismissal, the problems of home-workers, and collective versus individual agreements.

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.

Assessment: Class test (1 hour plus reading time) or written research assignment subject to lecturer approval (2000 words): 25% + Examination (2 hours writing time plus 10 minutes reading time): 75%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW3200/LAW 3201 Constitutional Law