units

LAW7338

Faculty of Law

18 September 2017 22 November 2024
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.

print version

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.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 4 2012 (Day)

Notes

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

Synopsis

The Fair Work Act 2009 (Cth) and related legislation which have enacted fundamental changes in federal labour law since the 'Work Choices' changes, that is, the 'Forward with Fairness' law and policy, will be critically examined. Topics include changes to industrial dispute resolution, workplace bargaining and bargaining in good faith, enterprise agreements and individual arrangements, industrial action, new institutions and their roles, legislated National Employment Standards and award modernisation, unfair dismissal, implications for employers and for unions, including right of workplace entry, and the process of establishing a national system.

Outcomes

The objectives of the unit are to:

  1. critically explore the fundamental changes to the federal system of workplace relations since 'Work Choices' enacted in the Fair Work Act 2009 (Cth) and related legislation
  2. analyse the new approach to awards and legislated standards, bargaining, bargaining in good faith, dispute resolution and negotiating enterprise agreements, the role of individual agreements, and unfair dismissal laws
  3. understand the role of industrial action in negotiating enterprise agreements under the Fair Work Act 2009 (Cth)
  4. analyse the role of new institutions in the system
  5. critically examine the constitutional and public policy underpinnings of the federal labour laws
  6. understand the likely impact of the changes on employers, employees and unions, and society, including through analysis of recent court and tribunal decisions.

Assessment

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%

Chief examiner(s)

Professor Marilyn Pittard

Contact hours

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

Prerequisites

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