units

LAW5337

Faculty of Law

18 September 2017 22 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

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

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7215

Synopsis

This unit examines:

  • the legal regulatory framework under the Fair Work Act 2009 (Cth) and collective/individual employment agreements, contract of employment and rights/duties of employers/employees relevant to businesses and their structure
  • obligations of receiver/manager towards employees
  • employment aspects of acquisition/merger of businesses, insolvencies and winding up
  • closure of business (or part), outsourcing and redundancy payments
  • management in the context of occupational safety laws and responsibilities
  • sources of companies' superannuation rights and obligations to their employees
  • protecting businesses from competition by employees/ex-employees and industrial action

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments, with creativity and initiative to new situations in professional practice and/or for further learning, in relation to the common law and statutory regulatory framework of employer and employee rights and obligations in Australia in the context of commercial business transactions, including acquisitions, mergers, insolvencies, and of commercial entities' labour law responsibilities in outsourcing and restructuring business; the sources of rights and obligations of corporate directors in superannuation and workplace health and safety; and protecting business from both competition by employees and ex-employees, and from industrial action,
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the intersection of labour and commercial laws
  • Conduct research in labour law relevant to businesses and their structures based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the intersection of labour and commercial laws and policy arguments for and against reform of laws at the intersections of corporate and labour laws.

Assessment

Class participation: 10%
Take-home examination (no more than 2,250 words): 30%
Research paper (4,500 words): 60%

Workload requirements

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