Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should (1) understand the role played by the Constitution, in particular s 51(35), in contemporary Australian labour relations; (2) understand the role which the High Court, through judicial review, has played in developing the legal framework for Australian industrial relations; and (3) be able to critically evaluate the legal operation of the federal system of dispute settlement by awards or agreements.
Synopsis This subject will primarily involve a study of federal arbitration and bargaining. Section 51(xxxv) of the Australian Constitution gives the Commonwealth Parliament power to legislate to prevent and settle interstate industrial disputes by conciliation and arbitration. The case law surrounding this power, together with the relevant provisions of the Industrial Relations Act 1988 (Cth), will be critically analysed and evaluated. The work and operations of the Australian Industrial Relations Commission will also be examined and, in particular, its role in wage fixation and enterprise agreements will be highlighted. The central question which will be posed is whether the High Court has, through its judicial review role, established a viable conceptual framework for the smooth operation of conciliation, arbitration and enterprise bargaining in Australia today. Legal issues such as the concept of industrial disputes and parties to awards and agreements will be discussed. Current issues, such as unfair dismissal, the problems of home-workers and enterprise bargaining, will be examined. Comparisons with the Victorian system of employment agreements and voluntary arbitration will be discussed.
Assessment Class test (50 minutes) or written research assignment (2500 words): 30% + Final examination (2.5 hours): 70%