78246 Employment Law
6cpRequisite(s): (70211 Contracts AND 70311 Torts) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR (70211 Contracts AND 70311 Torts)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76015 Labour Law AND 76053 Workplace Relations Law AND 79013 Industrial and Labour Law AND 79031 Employment and Industrial Law
Description
Employment law is an important component of the legal regulation of business. In this subject students examine the key aspects of Australian employment law currently pertaining to workplace rights, entitlements, liabilities and obligations of work providers and workers pursuant to the legislation and case law regulating work, especially the law determining the pay and conditions of workers. Given the extensive coverage of Commonwealth workplace relations legislation, there is a focus on analysis of that Commonwealth legislation as amended.
Employment law is a rapidly changing field. There have been frequent system-wide changes to the legislative framework over the last few decades. In addition to considering current law, this subject considers the development of legislation and case law regulating work. Students examine the reasons for and against reforms to employment law, the position and influence of key stakeholders involved in law reform processes and changes that are likely to be made to employment law in the future and on what basis those changes will be made.
In the seminar activities in this subject students have the opportunity to learn the skills of applying current employment law to provide advice. Students also undertake critical analysis and evaluation of debates within employment law which underlie legal reforms. Students develop a proposed outline of research and receive feedback on it. One option for this research proposal is for students to develop research skills by setting their own research topic. All students write either a major research essay or a written government submission about proposals to reform employment law that mirror the work undertaken by professionals involved in making submissions to governmental bodies. Given that most students go on to be involved in paid work regulated by the law studied in this subject, employment law forms an important part of the knowledge required for professional life.
Detailed subject description.