Bargaining at Work and Industrial Action

Subject 730-760 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - 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 candidate's background and experience.
Prerequisites: Prerequisites

It is recommended that candidates without a law degree from a common law jurisdiction should have completed Regulating Individual Work Relationships.

Note

Candidates who have completed both Labour Relations Law and Trade Unions and Industrial Action may not enrol in this subject.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Professor Andrew Stewart
Subject Overview:

Objectives:

A candidate who has successfully completed the 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 problemsolving exercises
  • Understand the common law regulating the taking of industrial action, the regime for protected action under the Workplace Relations Act 1996 (Cth) and the differences between them
  • Demonstrate an understanding of the role of law, and of institutions such as the common law courts and the Australian Industrial Relations Commission in regulating workplace relations.

Syllabus:

Principal topics will include:

  • Theories of labour regulation, including theoretical analysis of marketbased and state-based approaches to setting working conditions
  • 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 Australias 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 the Workplace Relations Act 1996 (Cth), including the conduct of bargaining and the taking of protected industrial action
  • The form, function and content of certified agreements and Australian Workplace Agreements
  • The relationship of certified agreements and Australian Workplace Agreements to other means of regulating working conditions, including the contract of employment
  • Alternatives to the present system.
Assessment:
  • Take-home examination (100%)(13-17 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: 730-760Bargaining at Work and Industrial ActionMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the 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 problemsolving exercises
  • Understand the common law regulating the taking of industrial action, the regime for protected action under the Workplace Relations Act 1996 (Cth) and the differences between them
  • Demonstrate an understanding of the role of law, and of institutions such as the common law courts and the Australian Industrial Relations Commission in regulating workplace relations.

Syllabus:

Principal topics will include:

  • Theories of labour regulation, including theoretical analysis of marketbased and state-based approaches to setting working conditions
  • 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 Australias 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 the Workplace Relations Act 1996 (Cth), including the conduct of bargaining and the taking of protected industrial action
  • The form, function and content of certified agreements and Australian Workplace Agreements
  • The relationship of certified agreements and Australian Workplace Agreements to other means of regulating working conditions, including the contract of employment
  • Alternatives to the present system.
  • Take-home examination (100%)(13-17 November)
Prerequisites

It is recommended that candidates without a law degree from a common law jurisdiction should have completed Regulating Individual Work Relationships.

Note

Candidates who have completed both Labour Relations Law and Trade Unions and Industrial Action may not enrol in this subject.

N.A.24 - 26 contact hours per subject.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 candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Professor Andrew StewartLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730760P12.500Semester 2NLawLaw730-760

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