Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 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

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FacultyFaculty of Law
OfferedPrato Term 2 2013 (Day)


This Unit examines the right of employees to bargain collectively and the right of freedom of association in international law, and how those rights are reflected in the Fair Work Act 2009 and comparator jurisdictions. This examination includes the regulation of collective bargaining, secret strike ballots and the right to strike in the context of bargaining for a collective agreement; the right to belong (or not to belong) to a trade union and the right to engage in lawful industrial activities.

Comparisons will be made with laws governing collective labour rights in the United States, Canada and the United Kingdom.

The Unit also examines the role and functions of trade unions, the legal status of trade unions and their obligations. The role of the common law and the secondary boycott provisions in the control of unlawful industrial action are also considered.


On completion of the subject students should understand:

  1. the impact of laws (either through enhancement or restriction) which affect the right of workers to join together in trade unions and the legal status of unions
  2. the concept of freedom of association and the role played by the legislature and the courts in developing this concept
  3. the concept of the right to strike and
  4. collective labour rights.


Examination (2 hours writing time plus 30 minutes reading and noting time) 70% OR research assignment (3,500 words) 70% Seminar presentation 10%; short paper (1000 words) on presentation topic 20%.

Chief examiner(s)


LAW1101 Introduction to Legal Reasoning, LAW1104 Research and Writing or an equivalent introductory course at another university.