Bargaining at Work

Subject LAWS70135 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

August, 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: Not available
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.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

Principal topics will include:

  • The constitutional basis of the Fair Work Act 2009 (Cth) 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 the Fair Work Act 2009 (Cth), including the conduct of bargaining and the taking of protected industrial action, and the role of trade unions
  • 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 employment and 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 the Fair Work Act 2009 (Cth) 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
  • Understand the historical and continuing role of trade unions in bargaining.
Assessment:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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