units

LAW5319

Faculty of Law

18 September 2017 20 April 2024

print version

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

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • First semester 2016 (Evening)
  • Second semester 2016 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7083

Synopsis

This unit focuses on the law of employee relations. Topics covered will focus on issues such as the contract of employment; the rights and obligations of employers and employees; rights in respect of unfair dismissal and redundancy, and remedies for breach; collective (enterprise) agreements under the Commonwealth Fair Work Act 2009; the process of negotiation, the legal status of such agreements, and procedures for enforcement; the role of unions and the Fair Work Commission in these processes and procedures; modern awards and the legislative prescription of minimum entitlements in the National Employment Standards.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the law relating to employee relations in Australia, the sources of rights and obligations between employers and employees and the processes of resolving employer-employee disputes with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the theoretical and philosophical bases underpinning the resolution of industrial disputes and the determination of relationships between employer and employees in Australia;
  • conduct research in law of employee relations based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the operation in practice of the systems of dispute resolution and determination in Australia.

Assessment

Research assignment (3,750 words): 50%
Class participation: 10%
Take home examination (3,000 words): 40%

Workload requirements

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

Chief examiner(s)

Dr Richard Naughton Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-rnaughton.html)