Bargaining at Work and Industrial Action

Subject 730-760 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

September, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites:

It is recommended that students without a law degree from a common law system have completed Employment Law.

Students who have completed both Regulating Working Conditions and Trade Unions and Industrial Action may not undertake this subject.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Prof Andrew John Stewart
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have an understanding of the principles of Australian labour relations law promoting the setting of working conditions through both collective and individual negotiations at the workplace
  • Be able to apply, at an advanced level, relevant legal principles to problem-solving exercises
  • Understand the common law regulating the taking of industrial action, the regime for protected action under federal workplace laws and the differences between them
  • Demonstrate an understanding of the role of law, and of institutions such as the common law courts and industrial tribunals in regulating workplace relations.

Syllabus:

Principal topics will include:

  • The constitutional basis of the federal system of labour relations law as it relates to regulating and making workplace agreements
  • Relevant international legal principles and Australia’s obligations in this respect
  • Theories and purposes of industrial action in workplace bargaining Common law regulation of strikes and industrial action
  • The system regulating workplace bargaining under federal law, including the conduct of bargaining and the taking of protected industrial action
  • The form, function and content of registered workplace agreements
  • The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
  • Special regulation of bargaining and industrial action in the building and construction industry.
Assessment:
  • Take-home examination (100%) (12–16 November)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: P12.507Semester 2NLawLawYNNNParkvillePARKVILLEBargaining at Work and Industrial Action730-760Prof Andrew John Stewart200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730760Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Have an understanding of the principles of Australian labour relations law promoting the setting of working conditions through both collective and individual negotiations at the workplace
  • Be able to apply, at an advanced level, relevant legal principles to problem-solving exercises
  • Understand the common law regulating the taking of industrial action, the regime for protected action under federal workplace laws and the differences between them
  • Demonstrate an understanding of the role of law, and of institutions such as the common law courts and industrial tribunals in regulating workplace relations.

Syllabus:

Principal topics will include:

  • The constitutional basis of the federal system of labour relations law as it relates to regulating and making workplace agreements
  • Relevant international legal principles and Australia’s obligations in this respect
  • Theories and purposes of industrial action in workplace bargaining Common law regulation of strikes and industrial action
  • The system regulating workplace bargaining under federal law, including the conduct of bargaining and the taking of protected industrial action
  • The form, function and content of registered workplace agreements
  • The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
  • Special regulation of bargaining and industrial action in the building and construction industry.
  • Take-home examination (100%) (12–16 November)
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

It is recommended that students without a law degree from a common law system have completed Employment Law.

Students who have completed both Regulating Working Conditions and Trade Unions and Industrial Action may not undertake this subject.

N.A.N.A.Law730-7602

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