LAW7215

Labour law for corporate lawyers

Associate Professor M Pittard

One two-hour lecture per week
* Second semester
* City

Objectives Upon completion of this subject, students should have (a) an understanding and working knowledge of aspects of labour law which are of particular significance to corporate lawyers in carrying out their responsibilities; (b) a general understanding of the common law and statutory regulatory framework of employer and employee rights and obligations in Australia; (c) a detailed understanding of rights and obligations of employers and employees in the context of commercial business transactions including acquisitions, mergers, insolvencies, and of commercial entities' labour law responsibilities in outsourcing and restructuring business; (d) an understanding of sources of rights and obligations of corporate directors' in superannuation and workplace health and safety, and a knowledge of protecting business from both competition by employees and ex-employees, and from industrial action; (e) an ability to understand, evaluate and apply policy arguments for and against reform of laws and practices in the corporate and labour law area and to resolve employment problems relating to corporate law.

Synopsis Corporate lawyers often face employment and labour law issues in corporate business transactions and when advising companies and directors. The course examines companies' and directors' rights and obligations in employment and labour law, which arise in the context of mergers and acquisition of businesses, appointment of receivers and managers, insolvencies, restructuring, closure of parts of businesses and downsizing and outsourcing, and aspects of managing a workplace, which impose obligations on directors and companies, such as occupational health and safety and superannuation. The course examines: (a) the legal regulatory framework of employment under the Workplace Relations Act 1996 (Cth) and the common law (collective and individual employment agreements, the contract of employment and common law and statutory rights and duties of employers and employees); (b) the obligations of a receiver/manager towards employees; (c) employment aspects of acquisition or merger of businesses (including transmission of business aspects in awards and agreements) and winding up; (d) the closure of a business (or part) and redundancy payments etc; (e) managing a company in the context of occupational safety laws and responsibilities; (f) sources of companies' superannuation rights and obligations to their employees; and (g) protecting businesses from competition by employees and ex-employees (restrictive covenants and confidential information) and from industrial action.

Assessment Class participation 10%
* Take-home examination: 30%
* Research paper (6000 words): 60%

Texts

Class materials and a detailed reading guide will be distributed