Bargaining at Work and Industrial Action

Subject LAWS70135 (2010)

Note: This is an archived Handbook entry from 2010.

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

This subject has the following teaching availabilities in 2010:

September, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Andrew Stewart

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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.
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 taking 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.
Assessment:

Take-home examination (100%) (11-15 November)

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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