LAW515 Law of Employment (8)

CSU Discipline Area: Management (MANAG)

Duration: One session

Abstract:

This subject studies individual aspects of Australian labour law with an emphasis on the research and evaluation of developments in employment law within the Federal system. Federal labour powers, enterprise bargaining, enterprise agreements, contracts of employment, courts of law, discrimination and occupational health and safety and workers compensation issues are considered.

+ Subject Availability Modes and Locations

Session 2
Distance	Wagga Wagga
Session 3
Distance	Wagga Wagga

Continuing students should consult the SAL for current offering details: LAW515

Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Enrolment restrictions:

Postgraduate students only

Objectives:

Upon successful completion of this subject, students should:

be able to research and analyse the history and development of labour law in Australia, including the meaning of master/servant relationship, constitutional conventions and the evolution and dominance of the federal system;
be able to reflect critically on the constitutional powers which impact on industrial relations, including the restrictions on such powers;
be able to evaluate recent constitutional issues impacting on industrial relations;
be able to evaluate federal/state cooperation in industrial relations, including the recent structure, role, functions and proceedings of industrial relations bodies;
be able to evaluate and research the contract of employment, including employer/employee duties, remedies and termination of the contract;
be able to evaluate and synthesise the provisions of the Fair Work Act 2009 (Cth);
be able to research and evaluate occupational health and safety laws, including the concept of industrial "injury" and "disease";
be able to evaluate laws dealing with the prevention of injury, including reflecting critically on the "old approach" (minimum safety standards and criminal sanctions) versus the recent "new approach" (tackling workplace apathy and promoting employer/employee common interests);
be able to analyse and evaluate laws dealing with workers compensation and rehabilitation;
be able to synthesise and evaluate laws relating to anti-discrimination in the industrial relations and training fields;
be able to reflect critically about the role of alternative dispute resolution in workplace agreement making and in occupational health and safety.

Syllabus:

The subject will cover the following topics:

industrial Law (constitutional issues affecting state and federal legislation and case law; the legal perspective of enterprise bargaining and agreements; legislation and industrial awards; conciliation and arbitration and, industrial action; industrial tribunals);
the Contract of Employment (nature of the employer-employee relationship; contractual rights and duties of employers and employees and, remedies; impact of federal legislation);
industrial Injuries (workers compensation and rehabilitation; and occupier's liability);
occupational Health and Safety, with an emphasis on legislation applicable to State where the student resides;
equal opportunity and discrimination legislation;
history and Development of Labour Law (including the meaning of the master/servant relationship together with the evolution and dominance of the federal system);
alternative Dispute Resolution in the workplace.

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