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Handbooks Courses Units

LAW7338 - Post work choices law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Leader: Professor Marilyn Pittard


City (Melbourne) Trimester 3 2008 (On-campus split block of classes)


The developments proposed or enacted in federal labour law post Work Choices, that is, after the radical overhaul of federal workplace relations law by the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) will be critically examined, including changes to workplace bargaining and bargaining in good faith, collective agreements, Australian Workplace Agreements, dispute resolution, industrial action, strike ballots laws, new institutions, legislated safety net conditions (cf awards), unfair dismissal, implications for unions, and use of the Constitution's corporations power establishing a national system.


The objectives of this unit are to:

  1. critically explore the changes brought or proposed to the federal system of workplace relations post Work Choices, after the changed introduced by the Workplace Relations Amendment (Work Choices) Act 2005 (Cth);
  2. analyse the new approach to bargaining, bargaining in good faith, dispute resolution and negotiating workplace agreements;
  3. understand the role of the right to strike and secret ballots;
  4. analyse the role of new and proposed institutions in the system;
  5. critically examine the constitutional and public policy underpinnings of the federal labour laws; and
  6. understand the likely impact of the changes, including through analysis of recent court and tribunal decisions.


Research assignment (3,750 words): 50%

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):100%


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

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