Leader: Ms Joanna Betteridge, Mr Bruce Moore, Mr Richard Naughton

Offered

Not offered in 2008

Synopsis

This unit examines:

• The legal regulatory framework under the Workplace

Relations Act 1996 (Cth) and collective/individual

employment agreements, contract of employment and

rights/duties of employers/employees

• Obligations of receiver/manager towards employees

• Employment aspects of acquisition/merger of

businesses and winding up

• Closure of business (or part), outsourcing and

redundancy payments

• Management in the context of occupational safety

laws and responsibilities

• Sources of companies' superannuation rights and

obligations to their employees

• Protecting businesses from competition by

employees/ex-employees and industrial action

Objectives

Upon completion of this unit, students should have:

1. an understanding and working knowledge of labour law which are of particular significance to corporate lawyers in carrying out their responsibilities;
2. a general understanding of the common law and statutory regulatory framework of employer and employee rights and obligations in Australian;
3. a detailed understanding of the rights and obligations of employers and employees in the context of commercial business transactions including acquisitions, mergers, insolvencies, and of commercial entities' labour law responsibilities in outsourcing and restructuring business;
4. an understanding of sources of rights and obligations of corporate directors' in superannuation and workplace health and safety, and a knowledge of protecting business from both competition by employees and ex-employees, and from industrial action;
5. an ability to understand, evaluate and apply policy arguments for and against reform of laws and practices in the corporate and labour law area and to resolve employment problems relating to corporate law.

Assessment

Class participation: 10%
Take-home examination (no more than 2,250 words): 30%
Research paper (4,500 words):60%