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Principles of Employment Law (LAWS70371)
Graduate coursework level 7Points: 12.5Online and On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
August
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | May - Online August - On Campus |
---|---|
Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
Paid work is central to the lives of most adults – it provides an income and is constitutive of identities. For society at large, the organisation of paid work relationships is crucial because of the need to produce goods and services and to protect those engaged in production. Regulation of these work relationships by law is, therefore, important.
This subject provides a thematic overview of the legal regulation of work relationships in Australia in an industrial, social and political context. It examines how work relationships are regulated through statutory regimes as well as through contract law. A major focus of the subject is the Fair Work Act 2009 (Cth), which sets minimum employment conditions, regulates modern awards and workplace agreement-making, provides redress in relation to adverse action and also provides processes to deal with issues of bullying at work. Anti-discrimination and equality law will also be examined.
This subject is designed to be of particular assistance to students without previous (or recent) legal study in this area. Principles of Employment Law is compulsory for students who do not have a law degree from a common law jurisdiction, and it is strongly recommended that this subject be taken before any other employment and labour relations law subjects. Principles of Employment Law is also recommended for students who have not studied an equivalent subject in their law degree, or who have not done so recently. Principles of Employment Law is ideal for students undertaking a masters in another specialisation, or a Master of Laws, who wish to study one subject in the field of employment and labour relations law.
Principal topics include:
- The constitutional framework for Australian employment law
- Statutory standards under the Fair Work Act 2009 (Cth) including unfair dismissal, minimum wage rates, hours of work, leave, adverse action and 'right to request' regimes
- The regulation of employment rights and working conditions by modern awards and enterprise agreements under the Fair Work Act 2009 (Cth)
- Various aspects of the common law contract of employment
- Anti-discrimination and equality law.
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 law
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal principles
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the legal effect of employer policies and investigations, bullying, performance appraisal, and work and life collision
- Have a sophisticated appreciation of the factors and processes driving parliamentary revision of the legal framework of the industrial system
- Have an advanced understanding of the complex range of situations in which legal issues and disputes may arise in work relationships and management practices
- Have the cognitive and technical skills to generate critical and creative ideas relating to the field, and to critically evaluate existing legal explanations, principles and concepts with creativity and autonomy.
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues in the field.
- Have the communication skills to clearly articulate and convey complex information regarding employment law to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of employment law.
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
Students who have completed any of the below subjects are not permitted to take LAWS70371 Principles of Employment Law:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50064 | Employment Law |
Summer Term (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
August
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 18 -21 September | 100% |
Option 2: Research paper
| 4 November | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
May
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 3 - 6 July | 100% |
Option 2: Research paper
| 8 August | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- May - Online
Coordinator Joo-Cheong Tham Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 22 April 2020 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 20 May 2020 to 26 May 2020 Last self-enrol date 27 April 2020 Census date 21 May 2020 Last date to withdraw without fail 26 June 2020 Assessment period ends 5 August 2020 - August - On Campus
Principal coordinator Joo-Cheong Tham Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 8 July 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 5 August 2020 to 11 August 2020 Last self-enrol date 13 July 2020 Census date 6 August 2020 Last date to withdraw without fail 21 September 2020 Assessment period ends 28 October 2020 August contact information
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
Specialist materials will be made available via the LMS in 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