79013 Industrial and Labour Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79031 Employment and Industrial Law
Description
Industrial and labour law is an important component of studies in the legal regulation of business. This subject is designed to introduce undergraduate non-law students to Australian industrial and labour law by examining relevant law, policy and theory. In light of the now extensive coverage of the federal labour law system, this subject focuses on that federal system and the underlying common law principles of employer and employee rights and obligations. Students are introduced to the key aspects of industrial and labour laws which govern employers and workers in the workplace. Both practical and theoretical perspectives are offered on the industrial and labour law system as it operates, and is changing, within Australia. The extent to which Australian industrial and labour law meets the aspirations of various labour law policy perspectives is discussed.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | identify, discuss and demonstrate knowledge of the key principles and policies behind Australian industrial and labour law; |
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| 2. | analyse and explain the principles and rules which make up Australian industrial and labour law and the context in which that labour law operates; |
| 3. | examine the relationship between law and policy which is evident in Australian industrial and labour law with reference to theories about labour law; |
| 4. | contribute in a co-operative manner to informed oral discussion of Australian industrial and labour law and various perspectives on Australian industrial and labour law; |
| 5. | demonstrate the ability to locate, use and cite relevant reference material from relevant sources; to evaluate information for usefulness and to maintain and update knowledge in the context of a labour law topic. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Teaching and Learning Strategies
It might be helpful to set out the strategies that will hopefully shape teaching and learning in this subject. Your learning will be most effective when you are actively engaged in the learning process. Therefore all students undertaking this subject are encouraged to prepare before class and actively participate in seminars.
Strategy 1 Learning through study of, and reflection on, the recommended readings and seminar discussion questions before class. Student reflection outside of class is a key part of learning strategies for this subject. This means that you will do most of your learning in individual preparation and in discussion with other students both in and out of class.
Strategy 2 Lectures in this subject will attempt to synthesise, simplify and elaborate on prior student reading of recommended material so that the lecture can assist students not only with disciplinary knowledge but also with analysis and discussion of labour law.
Strategy 3 Interactive seminars in this subject will further attempt to enhance the ability of students to analyse and communicate about labour law through class discussion and class activities which not only aim to shed light on key principles of labour law but also situate those principles within a theoretical framework, the context in which labour law operates and competing policy considerations at work in labour law. The value of interactive learning and teaching lies in its encouragement of higher order thinking skills such as analysis and evaluation. Seminar activities will vary due to a number of factors including stage in the semester and weekly topic.
Strategy 4 Students are encouraged to refine their skills in communication, thinking, analysis and disciplinary knowledge by completing the assessment scheme for this subject.
Subject Delivery
This subject is taught in one 3 hour class per week throughout the semester. Typically that class will consist of a 1 hour lecture and a 2 hour seminar, although there may be variation on the time allocated to the lecture and seminar. Depending on matters such as the weekly topic, class activities may substitute for lecture time or vice versa. In the seminar there will be a range of class activities undertaken by students including small group discussion and general class discussion.
Content (topics)
- What is labour law?; Sources of labour law; regulatory bodies; industrial organisations
- Purposes and Theories of Labour law
- The History and Constitutional Basis of Australian Labour Law
- Employment and Other Work Relationships
- The Employment Contract and Duties of Employer and Employees
- Minimum Wages and Conditions
- Workplace Agreements and Workplace Bargaining
- Industrial Action
- Remedies for Wrongful and Unfair Termination
- Transfer of Business
- Introduction to Occupational Health and Safety and Workers Compensation Law
Assessment
Assessment task 1: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 10% |
| Criteria: | Students will be assessed on class participation in the seminars.
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Assessment task 2: Essay Assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
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| Weight: | 40% |
| Length: | Maximum permitted length is 2200 words (i.e. 10% over 2000 words). Essays longer than 2200 words will be penalised. |
| Criteria: | Marking Criteria:
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Assessment task 3: Exam
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
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| Weight: | 40% |
| Criteria: |
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Assessment task 4: Presentation
| Weight: | 10% |
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| Length: | 7 to 10 minutes. (Presentations well in excess of this timeframe will be penalised). |
Required texts
- Andrew Stewart, Stewart's Guide to Employment Law, The Federation Press, 5th Edition, 2015. ("Stewart")
- The 4th Edition (2013) may be used as an alternative, HOWEVER students should be aware that this may not entirely cover some of the recent changes to legislation and more recent cases. Students choosing this edition need to pay particular attention in relation to post-2012 legislation and case law to supplement this.
Recommended texts
- Rosemary Owens, Joellen Riley and Jill Murray The Law of Work, Oxford University Press, 2nd Edition 2011
- Breen Creighton and Andrew Stewart Labour Law Federation Press, 5th Edition, 2010
- Chris Ronalds and Elizabeth Raper: Discrimination Law & Practice, Federation Press, 4th Edition, 2012
References
Principal Legislation
Fair Work Act 2009 (Cth)
Australian Books
Forsyth, Anthony, and Stewart, Andrew (eds) Fair Work: The New Workplace Laws & Work Choices Legacy (Federation Press 2009)
McCallum, Ron, McCallum's Top Workplace Relations Cases (CCH: Sydney, 2008)
McCrystal, Shae, The Right To Strike in Australia (Federation Press: Sydney: 2010)
Riley, Joellen, Independent Work Contracts (Thomson: Sydney, 2007)
Stewart, Andrew, Understanding Independent Contractors (CCH: Sydney, 2007)
Stewart, Andrew and Williams, George, Work Choices: What the High Court Said (Federation Press: Sydney, 2007)
Australian Journals
Australian Journal of Labour Law
Journal of Industrial Relations
Government Websites
Fair Work Ombudsman: www.fairwork.gov.au
Fair Work Commission: www.fwc.gov.au
Safe Work Australia: www.safeworkaustralia.gov.au
WorkCover Authority of NSW: www.workcover.nsw.gov.au
NSW Office of Industrial Relations: www.industrialrelations.nsw.gov.au
