This unit introduces individual and collective aspects of the employment relationship with a focus on the balance of rights and duties between an employer and an employee. In particular, students will be encouraged to explore the extent to which an appropriate balance is achieved by the Fair Work Act (FWA) especially in relation to national employment standards, modern awards, various types of leave, adverse action, protections for casual employees and contractors and unfair dismissal. Recent developments in these areas will be covered, as will their justification under prevailing policy settings and the role of Fair Work Australia.
Analysis will be given of the operation of the common law, federal law on employment terms and conditions and the tension between freedom of contract and collective entitlement will be examined. Critical discussion will be offered on: (i) the effect of recent attempts at modernization of federal labour law; (ii) the regulatory reach of federal law in light of the popularity of new types of work relationships; (iii) the decentralization of bargaining on pay and conditions and its relationship to new federal minima; (iv) the work/life balance and new 'family friendly' provisions in the FWA; and (v) the relationships between constitutional powers and the scope of federal labour law; the common law and statutory regulation; and domestic labour law and the international regulatory environment.
The topics covered by the unit are grouped into three sections:
* 1. Identifying employment relationships
* 2. Contractors and casual employment
* 3. Key rights and duties of employment
* 4. Minimum employment standards under Federal law
Statutory standards and processes
* 5. Federal labour law under the constitution and in international comparison
* 6. Employment termination and notice; federal unfair dismissal laws and adverse action
* 7. Grounds of discrimination and liability in the workplace
* 8. Modern awards
* 9. Federal enterprise agreements
Particular duty situations
* 10. Workplace safety (Occupational Health and Safety and workers' compensation)
* 11. Fidelity, trust and confidence
* 12. Workplace rights and new work relationships
* 13. Penalty rates, small business and anti-social working hours
ASSESSMENT: Active tutorial participation (20%);a problem-based 1500 word assignment (20%); 60% open-book exam.
TEACHING PATTERN: 2 hour seminar weekly, and one 1 hour tutorial fortnightly
FLEXIBLE & ONLINE STUDY OPTIONS Note: Class attendance may still be required
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Campus - H Hobart, L Launceston, W Burnie. Study Centre - V Sydney, R Rozelle, P Beauty Point. Distance units may also have a campus identifier of I Isolated, N Interstate, O Overseas. Units delivered in Transnational Education (TNE) Programs have a campus identifier of A Hangzhou, F Fuzhou, G Shanghai, K KDU Malaysia, Q Kuwait or Y Hong Kong.