Labour Standards and their Enforcement (LAWS70197)

This subject addresses the relevant provisions of the key federal statute governing minimum employment standards in Australia, the Fair Work Act 2009 (Cth), which is the centrepiece of Commonwealth statutory regulation of working conditions. The subject examines the mechanisms by which minimum wages, working hours regulation and leave entitlements are set and reviewed, as well as the function and content of these standards. The new bullying jurisdiction of the Fair Work Commission is also examined. This subject addresses the important topic of how labour standards can be enforced and considers issues such as the role of the Fair Work Ombudsman, and transfer of employment standards in the context of corporate restructuring.

This subject covers federal statutory regulation of minimum employment conditions in Australia. It addresses the relevant provisions of the key federal statute, the Fair Work Act 2009 (Cth).

Principal topics include:

• The way the Australian Constitution shapes the legal mechanisms used to regulate labour standards and working conditions, and the scope of the national system based on the corporations power and the referral power
• The institutions that regulate labour standards and working conditions, including the Fair Work Commission and the Fair Work Ombudsman
• The role and content of the National Employment Standards (NES) as a means of maintaining a safety net of fair working conditions
• The form, function and content of Modern Awards as a mechanism for setting further minimum labour standards at an industry and sectoral level
• The relationship of Modern Awards and the NES to other means of regulating working conditions, including the contract of employment and enterprise agreements
• The enforcement of minimum labour standards and working conditions by employees and the Fair Work Ombudsman, and protection of entitlements in the case of business restructuring
• The new jurisdiction of the Fair Work Commission to make orders to stop bullying
• Emerging issues and innovative approaches in regulating labour standards and working conditions, including protection of vulnerable workers such as interns, casual and part-time workers and outworkers, extra-territorial coverage of labour standards, and regulation of work/life balance.