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.
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
Not offered in 2018
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
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
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.
Class participation: 10%
Take-home examination (no more than 2,250 words): 30%
Research paper (4,500 words): 60%
24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).