This unit critically examines aspects of employment and industrial law required for highly skilled professional practice in the vocational aspects of HR management and workplace relations. Students will respond to authentic problems, proficiently implementing and adapting the skills necessary to propose optimal solutions to legal problems which may arise in contemporary and emerging workplaces. Critical and creative thinking will inform strategizing techniques and the ability to substantiate or validate innovative resolutions to challenges which may arise in the course of the employment relationship.
The unit explores the four main sources of rights and obligations impacting on work arrangements, namely: legislation, industrial instruments, the contract of employment and workplace policies. Key topics include implied duties under the contract of employment; safety net entitlements, collective bargaining, termination of employment; work health and safety; and equal opportunity laws.Contact us
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Learning Outcomes
| 1. | Critically review the ways in which the common law impacts on the employment relationships; | ||
| 2. | Analyse and apply legislation that governs the employer/employee relationship including the Fair Work Act 2009 (Cth), occupational health and safety legislation and anti-discrimination laws; | ||
| 3. | Critically reflect upon theoretical approaches informing legal principles and analyse their application across a range of employment contract categories; | ||
| 4. | Ascertain the rights and responsibilities of parties to a contract of employment in a dispute situation and potential remedies for breach of contractual or statutory obligations; | ||
| 5. | Critique the legitimacy of a termination of employment in a given set of facts and justify conclusions through the application of relevant case law, statutory provisions and legal principles; | ||
| 6. | Evaluate scenarios representing common employment disputes to recommend suitable strategies and/or resolutions and articulate likely outcomes of any litigation; and | ||
| 7. | Exemplify professional judgement in applying the procedures for making an enterprise agreement and getting it approved by the Fair Work Commission that demonstrates a critical understanding of organisational values and operational requirements and an individual's responsibilities within these. |
Assessment
| Assessment type | Description | Grade |
|---|---|---|
| Assignment | Letter of advice based on real life scenarios | 30% |
| Case Study | Case study analysis based on the ruling handed down by a Court or Tribunal (Group) | 20% |
| Report | Evaluate scenarios representing common employment disputes to recommend suitable resolutions | 50% |
Required reading
Principles of Employment Law 5th edn
Price, R., Nielsen, J., 2018
Pyrmont, NSW : Thomson Reuters (Professional) Australia
Where to next?
As part of a course
This unit is studied as part of the following courses. Refer to the course page for information on how to apply for the course.
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