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Labour Standards and their Enforcement (LAWS70197)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
October
Lecturers
Professor John Howe, Coordinator
Mr Craig Dowling
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | October |
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Fees | Look up fees |
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.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the different mechanisms of setting and maintaining minimum labour standards under the Fair Work Act 2009 (Cth), including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these mechanisms and their enforcement
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as working hours, right to request flexibility mechanisms, and the Better Off Overall Test
- Have a sophisticated appreciation of the factors and processes driving parliamentary revision of the legal framework in relation to minimum labour standards
- Have an advanced understanding of situations in which minimum labour standards arise in work relationships and management practices
- Have a detailed understanding of Australia’s framework of minimum labour standards in an international context
- Have the cognitive and technical skills to generate critical and creative ideas relating to the setting, maintenance and enforcement of minimum labour standards, and to critically evaluate existing legal theories, especially regulation theory, with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to minimum standards in the workplace
- Have the communication skills to clearly articulate and convey complex information regarding labour standards in the workplace to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of labour standards under the Fair Work Act 2009 (Cth).
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class Participation (10%)
- Take-home examination (5,000 - 6,000 words) (90%) (23 - 26 November)
or - Research paper (7,500 - 9,000 words) (90%) (14 January 2019) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- October
Principal coordinator John Howe Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 12 September 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 10 October 2018 to 16 October 2018 Last self-enrol date 31 August 2018 Census date 10 October 2018 Last date to withdraw without fail 30 November 2018 Assessment period ends 14 January 2019 October contact information
Lecturers
Professor John Howe, Coordinator
Mr Craig DowlingEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022