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Labour Standards and their Enforcement (LAWS70197)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
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)
Professor Anna Chapman
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | October |
|---|---|
| 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. This subject also addresses the important topic of how compliance with labour standards can be enforced and considers issues such as the role of the Fair Work Ombudsman, and the challenge of enforcement in the context of different business models, such as franchise networks.
Principal topics include:
- The scope of the national system of labour regulation
- 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 legal mechanisms and sanctions relating to enforcement of minimum labour standards and working conditions by employees, unions and the Fair Work Ombudsman
- The administrative sanctions available to the Fair Work Ombudsman
- Emerging issues and innovative approaches in regulating and enforcing 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, regulation of work/life balance, and developments in labour standards arising out of the COVID-19 pandemic.
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 challenge of enforcement of labour standards in the context of different business models
- 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 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 labour 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: 12 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)
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: 12 November 2022
Assessment
| Description | Timing | Percentage |
|---|---|---|
Assessment 1: Class Participation | Throughout the teaching period | 10% |
Assessment 2, Option 1: Take-home examination
| 25 - 28 November 2022 | 90% |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 21 December 2022 | 90% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | 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: 12 November 2022
Quotas apply to this subject
Dates & times
- October
Principal coordinator John Howe Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 7 September 2022 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 October 2022 to 11 October 2022 Last self-enrol date 12 September 2022 Census date 6 October 2022 Last date to withdraw without fail 11 November 2022 Assessment period ends 21 December 2022 October contact information
Lecturers
Professor John Howe (Coordinator)
Professor Anna ChapmanEmail: 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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 12 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-masters@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: 12 November 2022