Work Law in Unionised Sectors (LAWS90280)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
October
Lecturers
Siobhan Kelly (Coordinator)
Jim Hartley
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | October |
|---|---|
| Fees | Look up fees |
This subject addresses the law of work in highly unionised sectors. It examines the key legislation that regulates highly unionised workplaces and the rights and responsibilities of employers, employees and registered organisations. The subject considers in detail the interactions between workplace participants in these industries, including a detailed examination of rights of entry, workplace bargaining, coercion and secondary boycotts. The subject also examines the relationships between industry and regulatory bodies.
Principal topics will include:
- An introduction to key institutions and regulatory frameworks,
- Industry overview: key aspects of the industry (including portable leave schemes, sub-contracting and others),
- Distinguishing employees and independent contractors,
- The rights and responsibilities of industrial participants under the Fair Work Act,
- Rights of entry and their regulation:
- rights of entry of the Fair Work Act,
- rights of entry under state workplace health and safety laws.
- Enterprise bargaining, industrial action (protected and unprotected),
- Coercion & secondary boycotts,
- The role of industry regulators: the Fair Work Ombudsman, WorkSafe, Wage Inspectorate Victoria,
- Emerging issues in industry (including diversity, harassment and others).
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Explain the key attributes of highly unionised industries, including by reference to the key legislation and institutions,
- Analyse and distinguish between employers and employees, based on the application of legal criteria to different factual situations,
- Examine the rights and responsibilities of employers, employees and registered organisations under the Fair Work Act 2009 (Cth),
- Identify and explain rights of entry and their regulation, and also analyse the interplay between the Fair Work Act 2009 (Cth) and state work health and safety laws,
- Assess the practical operation of enterprise bargaining in highly unionised industries, including the legal requirements for protected industrial action, and the regulation and response to unprotected industrial action,
- Interpret the restrictions on coercion and secondary boycotts, and how they intersect with trade union rights and responsibilities within diverse legislative frameworks.
Generic skills
- Analyse and interpret inter-related legislative regimes,
- Identify and apply legal principles from multiple sources, including the common law and legislation,
- Recognise and explain the interaction between state and federal laws,
- Critically analyse complex factual situations and correctly apply the law to those situations,
- Identify and analyse contemporary societal issues through the framework of legal principles.
Last updated: 8 November 2024
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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | During the teaching period | 15% |
Take-home examination
| 6 - 9 December 2024 | 85% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
- October
Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 23 September 2024 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 21 October 2024 to 25 October 2024 Last self-enrol date 27 September 2024 Census date 22 October 2024 Last date to withdraw without fail 15 November 2024 Assessment period ends 12 December 2024 October contact information
Lecturers
Siobhan Kelly (Coordinator)
Jim HartleyEmail: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 8 November 2024
Further information
- Texts
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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
Last updated: 8 November 2024