LAW4127 - Collective labour rights - 2018

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.

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.

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%

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