Equality and Discrimination at Work

This subject has the following teaching availabilities in 2011:

This subject provides an examination of the development and current scope of Australian equality and discrimination law, as relevant in employment and work relationships. It will focus on federal and Victorian jurisdictions.

Principal topics will include:

• A study of the framework and key features of federal and state legislative provisions dealing with equality and discrimination in the employment context, including the Equal Opportunity Act 2010 (Vic), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth)
• An examination of the general protection provisions in the Fair Work Act 2009 (Cth), including redress for certain types of adverse action
• Debates regarding the meaning of equality, discrimination and other contested concepts such as choice, especially as choice relates to carer responsibilities
• The Charter of Human Rights and Responsibilities Act 2006 (Vic), and its potential impact in the interpretation of the Victorian Equal Opportunity Act
• Conciliation, dispute resolution and remedies
• Alternative regulatory regimes, including the National Employment Standards, equal remuneration provisions under the Fair Work Act, contract law, and occupational health and safety issues such as bullying
• Current processes of legislative revision at federal and state level
• The potential for future developments in the field.

A student who has successfully completed this subject should:

• Have a sound understanding of the legal principles of Australian equality and discrimination law within the context of work
• Be able to critically assess the effectiveness of these legal rules
• Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as paid maternity leave, genetic discrimination, tension between work and care responsibilities, pay equity, and race, ethnicity and employment disadvantage
• Have an appreciation of the factors and processes driving parliamentary revision of the legal framework
• Have an understanding of situations in which issues of equality and discrimination may arise in work relationships and management practices
• Have developed an understanding of work-related equality and discrimination legal regimes in an international and human rights context.

Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.