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Employment Law (LAWS50064)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
Overview
Availability(Quotas apply) | February Semester 1 June |
---|---|
Fees | Look up fees |
Employment Law is an increasingly diverse and complex field of legal regulation governing employment and industrial rights and obligations. In Australia, it comprises the common law of contract and several overlapping statutory schemes including principally the Fair Work Act 2009 (Cth), Commonwealth and State equal opportunity legislation, and work health and safety statutes. These different legal frameworks can only be fully understood and appreciated in their industrial, economic, social, political and public health contexts. Those contexts include international influences, dynamic federal-state relations, the tradition of Australian industrial relations with its values of industrial justice, strategic decision-making and advocacy of industrial associations, labour market trends, social movements of equality, and new forms of business and work organisation.
This subject explores the field of employment law in detail, with a focus on the processes of law-making and intersections between different sources of rights and obligations. Dispute resolution and enforcement in the field of employment law poses particular challenges, across the different statutory frameworks, and these matters will also be examined. The ways in which employment law is shaped by the COVID-19 pandemic and economic and social and health consequences will be examined.
The principal substantive topics that will be addressed in this subject may include:
- The common law framing of contracts of employment and the contracting arrangements of independent contractors and the self-employed;
- various aspects of the common law contract of employment including express and implied duties of employers and employees;
- international labour conventions;
- the constitutional framework underlying the Fair Work Act;
- statutory standards under the Fair Work Act regarding unfair dismissal, minimum wage rates, hours of work and leave;
- the regulation of employment rights and working conditions by modern awards and enterprise agreements under the Fair Work Act;
- the regulation of issues of discrimination, bullying and harassment under the Fair Work Act and discrimination and harassment under equal opportunity legislation; and
- the regulation of work health and safety.
This subject will also examine a number of thematic issues, chosen from topics such as the COVID-19 pandemic and economic, social and health consequences, the rights of non-standard workers, fair and equal treatment at work, safety at work, work-life intersections, trade unions and freedom of association, employment security, compliance and enforcement, and employment law responses to economic and organisational restructuring.
Intended learning outcomes
A student who has successfully completed this subject will have an advanced and integrated understanding of the specialised and cross-disciplinary field of employment law. This includes a deep appreciation of the intersections and specific contexts and histories of each unique regulatory framework that comprises employment law. Students will have obtained specialised skills to:
- critically analyse and reflect on different literatures that seek to understand the field of employment law through, for example, capital and labour relations, regulation theory and critical approaches such as feminist scholarship.
- engage in a sophisticated manner in debates taking place within Australia and internationally on the appropriate role of the state in regulating labour relations
- interpret and transmit technical knowledge and skills across the field of employment law through addressing problems and case studies of contemporary and emerging issues in the field.
- self-direct in an autonomous and creative manner the production of a piece of legal writing that develops arguments in a highly structured, supported and referenced way
Generic skills
Students who successfully complete this subject will have developed:
- An integrated understanding of the specialised subject-matter of employment law, through the different legal frameworks governing work relations;
- A sophisticated appreciation of, and ability to engage in, the complex theoretical, policy and practical debates taking place in Australia and elsewhere in relation to employment law and its enforcement; and
- An extended understanding of recent developments in the field, the literature, and the professional practice of employment law.
Last updated: 13 February 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70371 | Principles of Employment Law |
March (On Campus - Parkville)
August (Online)
|
12.5 |
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: 13 February 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Mid-Semester take home exam
| During the teaching period | 20% |
Written Exam
| During the assessment period | 80% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 13 February 2024
Quotas apply to this subject
Dates & times
- February
Principal coordinator Anna Chapman Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 29 January 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 5 February 2024 to 16 February 2024 Last self-enrol date 30 January 2024 Census date 16 February 2024 Last date to withdraw without fail 23 February 2024 Assessment period ends 1 March 2024 - Semester 1
Principal coordinator Tess Hardy Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Teaching period 26 February 2024 to 26 May 2024 Last self-enrol date 8 March 2024 Census date 3 April 2024 Last date to withdraw without fail 3 May 2024 Assessment period ends 21 June 2024 - June
Principal coordinator Sean Cooney Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 17 June 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 24 June 2024 to 4 July 2024 Last self-enrol date 18 June 2024 Census date 28 June 2024 Last date to withdraw without fail 12 July 2024 Assessment period ends 20 July 2024
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 an enrolment quota of 60 students per offering.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 13 February 2024
Further information
- Texts
Prescribed texts
- Joellen Riley Munton, Labour Law: An Introduction to the Law of Work (latest edition, Oxford University Press ANZ)
- Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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: 13 February 2024