Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedNot offered in 2012
Coordinator(s)Mr Richard Naughton


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html


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.


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.


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

Chief examiner(s)

Mr Richard Naughton