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LAW4119

Contemporary workplace relations law ( 6 points, SCA Band 3, 0.125 EFTSL)

Undergraduate
(LAW)

Leader:

Offered:
Not offered in 2006.

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 unit students should (1) understand the legal framework for workplace relations in contemporary Australia; (2) understand the role which the legislature, the courts, tribunals and international bodies 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 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 or LAW1101 and LAW1102