units

LAW4127

Faculty of Law

18 September 2017 27 December 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)

Synopsis

The Unit examines the principles of freedom of association for workers, the right to bargain collectively and the right to strike in international law. Students learn, interpret and apply the legal principles in Australian domestic law that govern these rights, with the main focus on the Fair Work Act 2009 (Cth) and case law applying the provisions of that Act. The Unit also examines the functions, legal status and regulation of Australian trade unions. The control of unlawful industrial action by the common law and the secondary boycott provisions are also examined.

Outcomes

On completion of the subject, students should be able to:

  1. appreciate the international sources of collective labour rights and assess the compliance of Australian law with specified international labour standards;
  2. determine the extent to which Australian workers are impacted, if at all, by any non-compliance by Australian law with international standards;
  3. understand and appraise the role of unions and assess the regulatory regime applying to Australian unions;
  4. research and apply the Australian law taught in the Unit to new problems to resolve these problems;
  5. debate and critically evaluate the need for, and the efficacy of, Australian law on collective labour rights.

Assessment

Internal assessment 40% comprising EITHER research assignment 2000 words OR case note 1500 words (30%) and class presentation on case (10%); AND
Examination (2 hours plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Karen Wheelwright

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111;
LAW1114; LAW2101; LAW1112;
LAW1113; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104