Handbook 1996 : Faculty of Law (Volume 3 page 219)
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Optional Law subject.
Availability: Not offered in 1996.
Prerequisite: History and the Philosophy of Law; Torts and the Process of Law. It would be advantageous to undertake either Labour Relations Law or Employment Law.
Contact: 2 hours per week
Objectives:
At the end of this subject students should have: been introduced to selective issues of international and comparative labour law; studied how similar labour law problems can be and are dealt with in differing manners; and have gained a better understanding of Australian labour law.
Content:
Introduction: reasons for undertaking comparative study in general, and comparative labour law study in particular; an exposure to comparative methodology, contrasting the functional/dynamic/ integrated/thematic approach with a more institutional/static/country-by-country approach to comparativism. The International Labour Organisation: a major user of the comparative method; its composition, powers and functioning, including the impact on Australian Labour Law of the ILOs supervisory mechanisms. Collective Labour Law: the collective bargaining parties - mechanisms for selection, representivity, exclusive powers, internal control. The collective bargaining process - link with conciliation and arbitration, functioning, level, subject-matter. Institutionalised forms of worker participation - company board representation, works councils, safety and health committees. Individual Labour Law: labour dispute resolution in the courts - Arbitration Court, Labour Court, Ordinary Court. Individual employment contracts -traditional relevance in Europe, categories, increasing relevance in a deregulatory climate worldwide. Comparative dismissal regulation - role of the ILO/Legislation/Collective Bargaining. Current issues: may include deregulation, juridification, autonomy of Labour Law.
Assessment:
Either Research essay 3,000 words (50 per cent) and Final Exam 11/2 hours (50 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 219)
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.