Trade Unions and Freedom of Association

Subject 730-829 (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: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Colin Fenwick
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Have a fundamental understanding of the basic principles pertaining to the law regulating trade unions
  • Be able to apply these legal principles to factual situations in problemsolving exercises
  • Have an appreciation of the historical, institutional and social contexts in which trade unions have developed, and their role in industrial relations and labour market activity
  • Have an understanding of the legal regulation of industrial action in Australia, whether this be by common law or the intervention of statute.

Syllabus:

Principal topics will include:

  • The historical origins and purposes of trade unions, and the common laws antipathy to both their form and their activities
  • The Australasian model of compulsory conciliation and arbitration, and the role of trade unions within it
  • International legal principles on protection of freedom of association, and Australias obligations in this respect
  • The operation of the Workplace Relations Act 1996 (Cth) as it regulates registered organisations, and as it protects the exercise of freedom of association
  • The legal regulation of union security measures, including preference in hiring and closed or agency shops
  • Democratic participation in union affairs, theories of worker voice and action beyond trade union organisation
  • Alternative means of worker representation, including works councils.
Assessment:
  • Take-home examination (100%) (15-19 January 2009)
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: 730-829Trade Unions and Freedom of AssociationMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Have a fundamental understanding of the basic principles pertaining to the law regulating trade unions
  • Be able to apply these legal principles to factual situations in problemsolving exercises
  • Have an appreciation of the historical, institutional and social contexts in which trade unions have developed, and their role in industrial relations and labour market activity
  • Have an understanding of the legal regulation of industrial action in Australia, whether this be by common law or the intervention of statute.

Syllabus:

Principal topics will include:

  • The historical origins and purposes of trade unions, and the common laws antipathy to both their form and their activities
  • The Australasian model of compulsory conciliation and arbitration, and the role of trade unions within it
  • International legal principles on protection of freedom of association, and Australias obligations in this respect
  • The operation of the Workplace Relations Act 1996 (Cth) as it regulates registered organisations, and as it protects the exercise of freedom of association
  • The legal regulation of union security measures, including preference in hiring and closed or agency shops
  • Democratic participation in union affairs, theories of worker voice and action beyond trade union organisation
  • Alternative means of worker representation, including works councils.
  • Take-home examination (100%) (15-19 January 2009)
N.A.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.Mr Colin FenwickLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730829P12.500Semester 2NLawLaw730-829

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