Handbook 1996 : Faculty of Law (Volume 3 page 221)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Employment Law would be advantageous for students to also undertake concurrently.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should be able to: understand thoroughly the practical and theoretical aspects of collective labour relations law in Australia; appreciate the interrelated nature of each aspect of labour relations law studied and the impact of industrial relations norms on the operation of the formal legal system; understand the constitutional framework within which the federal system of labour law operates; understand the jurisdictional limits placed upon the Industrial Relations Commission by the Industrial Relations Act and by the Australian Constitution; appreciate the way in which the Industrial Relations Commission exercises its award making powers; understand the nature and contents of industrial awards and, in particular, the rights and obligations created by such awards; understand the history and principles; and practical application of enterprise bargaining in Australia; be able to identify the major statutory and common law constraints on the organisation and functioning of trade unions in Australia; demonstrate an understanding of the common law and statutory constraints on the taking of industrial action by workers in Australia; appreciate the historical, political and economic forces which influence the nature, scope and operation of labour relations law in Australia; have further developed the fundamental legal skills of analysing, applying, synthesising and evaluating legal rules and principles; and have developed a system of values pertaining to, and a greater interest in, the role of the law in regulating workplace relations.
Content:
Australian Labour Law Systems. The Constitutional Context. The Dispute. lnterstateness. The Industry Requirements: the nature of the employer's undertaking and the employee's occupation. The Industry requirement: Industrial matter. The Industry Requirement: the nature of the relationship. Conciliation and Arbitration. The Dominance of Federal Awards. State Systems - an outline. The use of Other Constitutional Powers. Enterprise Bargaining. The Victorian Industrial Relations System. Trade Unions in Australian Labour Law. Regulation of the Internal Affairs of Trade Unions. The Legal Status of Trade Unions in Australia. Registration of Organisations. Rules of Organisations. Elections. The Justification for Legislative Control of the Internal Affairs of Unions. Industrial Conflict. The Nature and Extent of Industrial Action. Criminal Law and Industrial Conflict. Common Law Liability for Industrial Action. Remedies at Common Law. Statutory Liability for Industrial Action. International labour law and its impact on Australian labour law.
Assessment:
Either Research Essay or Assignment 6,000 words (60 per cent) and Final Exam 11/2 hours (40 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 221)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.