Postgraduate - UnitLAW7435 - Workplace bargaining and agreements law

This unit will examine the international concept and basis of collective bargaining including through international law, International Labor Organization conventions and their interpretation; the adoption of international standards and their concept in Australian labour law and the role of the courts, industrial tribunals and the legislature in developing the right to bargain and collective bargaining; the right to strike and lockout in the context of bargaining in collective agreements and its international basis; the limits on industrial action in collective bargaining; and when protected industrial action ballots (compulsory strike ballots) might be sought and ordered.
The unit will also study the role of bargaining agents; the duty to bargain and the concept of good faith bargaining; the legal status of collective agreements and parties to agreements; the protection of labour standards in agreements via the 'better off overall' test; and legal issues about the role, content, termination and enforcement of agreements. The role of unions and employers in bargaining will be examined.
The Fair Work Act 2009 (Cth) and related legislation, which implemented the federal Labor government's 'Forward with Fairness' policy and law, and recent amendments to federal labour law, together with court and tribunal decisions which interpret the laws and their operation, will be evaluated in relation to workplace bargaining and collective agreements, together with the use of individual flexibility arrangements and common law contracts.