units

LAW5323

Faculty of Law

18 September 2017 22 November 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

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. In Prato/Malaysia, the unit can be taken by a maximum of 45 students

Offered

Not offered in 2016

Synopsis

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 secondary boycott provisions in the control of unlawful industrial action are also considered.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of recent developments in relation to Collective Labour Rights with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Collective Labour Rights;
  • Conduct research in Collective Labour Rights 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 Collective Labour Rights.

Assessment

Research assignment (5,250 words): 70%
Short in-class presentation 10%
Short paper on topic of class presentation (1500 words) 20%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.