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Bargaining at Work (LAWS70135)
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
Lecturer
Associate Professor Shae McCrystal (Coordinator)
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 investigates the legal regulation of workplace bargaining in Australia. With the requirement that bargaining be conducted in ‘good faith’ under the Fair Work Act 2009 (Cth), this has become one of the most contested areas of federal labour regulation. The subject is informed by the historical, political and economic factors that have shaped the development of the law, as well as relevant international legal principles. While the focus of the subject is on the system regulating workplace bargaining under the Fair Work Act, other relevant areas of law are analysed, including the common law regulation of strikes and industrial action and the contract of employment. The special regulation of bargaining and industrial action in the building and construction industry is also examined.
Principal topics include:
- The historical development of the law relating to workplace bargaining
- Relevant international legal principles and Australia’s obligations in this respect
- Common law regulation of strikes and industrial action
- The system regulating workplace bargaining under the Fair Work Act 2009 (Cth), including the conduct of bargaining and the taking of protected industrial action, and the role of trade unions
- The form, function and content of registered workplace agreements
- The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
- The ‘general protections’ under the Fair Work Act for freedom of association and the exercise of ‘workplace rights’ in relation to bargaining
- Special regulation of bargaining and industrial action in the building and construction industry.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian employment and labour relations law promoting the setting of working conditions through both collective and individual negotiations at the workplace, including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the role of trade unions and the special regulation of bargaining and industrial action in the building and construction industry
- Have a sophisticated appreciation of the factors and processes driving parliamentary revision of the relevant legal frameworks
- Have an advanced understanding of situations in which issues of bargaining may arise in work relationships and management practices
- Have a detailed understanding of the relevant legal frameworks in an international context
- Have the cognitive and technical skills to generate critical and creative ideas relating to workplace bargaining, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to workplace bargaining
- Have the communication skills to clearly articulate and convey complex information regarding the legal regulation of bargaining at work to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of bargaining at work.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
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)
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The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- Answer to a take-home examination comprising a hypothetical problem (2,000 words) (25%) (29 November - 2 December)
- Research paper (6,000 words) (75%) (2 December) 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 Shae McCrystal Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 28 August 2019 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 2 October 2019 to 8 October 2019 Last self-enrol date 4 September 2019 Census date 2 October 2019 Last date to withdraw without fail 8 November 2019 Assessment period ends 18 December 2019 October contact information
Lecturer
Associate Professor Shae McCrystal (Coordinator)
Email: 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
- McCrystal, Creighton and Forsyth (eds) Collective Bargaining under the Fair Work Act, Federation Press, 2018
Specialist materials will be made available free of charge from 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022