LAW7083 - Law of employee relations

Leader(s): Professor Marilyn Pittard / Mr Richard Naughton / Mr Bruce Moore

Offered

City (Melbourne) First semester 2009 (Evening)
City (Melbourne) Term 3 2009 (On-campus split block of classes)

Synopsis

1. the contract of employment: the rights and obligations of employers and employees; rights in respect of unfair dismissal and redundancy, and remedies for breach;
2. industrial awards: the role of awards in employment relations; making awards and resolving disputes at federal level; the role of industrial tribunals; legal constraints and regulation of award making powers; enforcement; role of unions in arbitration;
3. collective and individual agreements under the Commonwealth Workplace Relations Act 1996; process of negotiation; legal status of such agreements; procedures for enforcement; role of unions and industrial tribunals;
4. legislative prescription of minimum entitlements.

Objectives

On completion of this unit students will have acquired

1. a knowledge of the law relating to employee relations in Australia, the sources of rights and obligations between employers and employees and the processes of resolving employer-employee disputes;
2. an understanding of the theoretical and philosophical bases underpinning the resolution of industrial disputes and the determination of relationships between employer and employees in Australia; and
3. an appreciation of the operation in practice of the systems of dispute resolution and determination in Australia.

Assessment

Research assignment (3,750 words): 50%
Class participation: 10%
Take home examination (3,000 words): 40%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)