730-436 Principles of Labour Law

Legal Method and Reasoning; Principles of Public Law; Torts; Legal theory or in each case their equivalents.

This subject provides a detailed overview of the legal regulation of work relationships in Australia, in an industrial, social and political context. Historical and theoretical perspectives are used. The subject examines how work relationships are regulated through a contractual paradigm, and statutory regimes designed to ensure the fair and non-discriminatory treatment of workers, and reasonably safe work practices. Also examined are key aspects of the Howard Coalition Government's 1996 Workplace Relations Act, including the significant 'Work Choices' amendments enacted in late 2005. Topics include:

• Various aspects of the common law contract of employment, including emerging ideas of employment as based on mutual trust and confidence

• Statutory provisions regarding discrimination in employment and occupational health and safety

• Statutory standards under the Workplace Relations Act regarding unfair dismissal, minimum wage rates, hours of work and leave

• he regulation of employment rights and working conditions by awards, collective agreements and individual 'AWAs' under the Workplace Relations Act

• The constitutional framework for Australian labour law

A number of thematic issues will be developed. These will be chosen for their currency and relevance, and may include the phenomenon of casualisation, and work and family conflict.

Research essay 5000 words 100% (due end of semester) OR a final open-book examination three hours 100%. Students are required to complete a work-book containing answers to class problems by the final week of semester (hurdle requirement).

Printed materials will be issued by the Faculty of Law.