Regulating Working Conditions

Subject 730-828 (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:

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 jurisdiction have completed Employment Law.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have an understanding of the historical origins and continuing importance of the federal system of conciliation and arbitration as a means of setting minimum working conditions
  • Be able to apply, at an advanced level, relevant legal principles to problem-solving exercises
  • Understand the different means of setting and maintaining minimum working conditions, and be able to evaluate them using historical, practical and theoretical perspectives, in particular using elements of regulation theory
  • Have sound knowledge of emerging issues in working conditions and how they might best be regulated
  • Demonstrate an understanding of the development of Australian labour relations law in an international context.

Syllabus:

Principal topics will include:

  • The way that the Australian Constitution shapes the legal mechanisms that are used to regulate working conditions, including the historical origins and purposes of conciliation and arbitration and the scope of the corporation’s power
  • The institutions that regulate working conditions, including the Australian Fair Pay Commission, Offeringsthe Australian Industrial Relations Commission, the Office of the Employment Advocate and the Office of Workplace Services
  • The form, function and content of awards of the Australian Industrial Relations Commission
  • The role of awards and the Australian Fair Pay Standard as a means of maintaining a safety net of fair working conditions
  • The relationship of awards and the Australian Fair Pay Standard to other means of regulating working conditions, including the contract of employment and legislative standards
  • Recent developments in setting new minimum working conditions
  • The maintenance of minimum conditions in the case of business restructuring and through enforcement
  • The Victorian system for maintaining fair basic working conditions
  • Emerging issues in regulating working conditions, including employee entitlements, the rights of casual and part-time workers, and regulating the work–life balance.
Assessment:
  • Take-home examination (100%) (3–7 September)

    or
  • Research paper 10,000 words (100%) (22 October) (topic approved by the subject coordinator)
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 1NLawLawYNNNParkvillePARKVILLERegulating Working Conditions730-828200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730828Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Have an understanding of the historical origins and continuing importance of the federal system of conciliation and arbitration as a means of setting minimum working conditions
  • Be able to apply, at an advanced level, relevant legal principles to problem-solving exercises
  • Understand the different means of setting and maintaining minimum working conditions, and be able to evaluate them using historical, practical and theoretical perspectives, in particular using elements of regulation theory
  • Have sound knowledge of emerging issues in working conditions and how they might best be regulated
  • Demonstrate an understanding of the development of Australian labour relations law in an international context.

Syllabus:

Principal topics will include:

  • The way that the Australian Constitution shapes the legal mechanisms that are used to regulate working conditions, including the historical origins and purposes of conciliation and arbitration and the scope of the corporation’s power
  • The institutions that regulate working conditions, including the Australian Fair Pay Commission, Offeringsthe Australian Industrial Relations Commission, the Office of the Employment Advocate and the Office of Workplace Services
  • The form, function and content of awards of the Australian Industrial Relations Commission
  • The role of awards and the Australian Fair Pay Standard as a means of maintaining a safety net of fair working conditions
  • The relationship of awards and the Australian Fair Pay Standard to other means of regulating working conditions, including the contract of employment and legislative standards
  • Recent developments in setting new minimum working conditions
  • The maintenance of minimum conditions in the case of business restructuring and through enforcement
  • The Victorian system for maintaining fair basic working conditions
  • Emerging issues in regulating working conditions, including employee entitlements, the rights of casual and part-time workers, and regulating the work–life balance.
  • Take-home examination (100%) (3–7 September)

    or
  • Research paper 10,000 words (100%) (22 October) (topic approved by the subject coordinator)
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 jurisdiction have completed Employment Law.

N.A.N.A.Law730-8282

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