LAW7338

Work Choices law ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Professor Marilyn Pittard

Offered:
Not offered in 2006.

Synopsis: The radical overhaul of federal workplace relations law enacted by the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) will be critically examined, including changed workplace bargaining, collective agreements, Australian Workplace Agreements, dispute resolution, industrial action, new strike ballots laws, new institutions, legislated safety net conditions (cf awards), unfair dismissal, 'deunionisation', and use of the Constitution's corporations power establishing a national system.

Objectives: The objectives of this unit are to: (1) critically explore the changes brought by the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) to the federal system of workplace relations; (2) analyse the new approach to bargaining, dispute resolution and negotiating workplace agreements; (3) understand the role of the right to strike and secret ballots; (4) analyse the role of new institutions in the system; (5) critically examine the constitutional and public policy underpinnings of the new laws; and (5) understand the impact of the changes, including through analysis of recent court and tribunal decisions.

Assessment: One research assignment (3,750 words): 50% One take-home examination (3,750 words): 50% In appropriate cases determined by the lecturer where a student has relevant background and experience, assessment may be one research assignment (7,500 words) for 100% of the marks.

Prerequisites: Law of Employee Relations Law 7083 or a relevant background through study or practice as determined by the lecturer.