79013 Industrial and Labour Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79031 Employment and Industrial Law
Description
Industrial and labour law is an important component of studies in the legal regulation of business. This subject is designed to introduce undergraduate non-law students to Australian industrial and labour law by examining relevant law, policy and theory. In light of the now extensive coverage of the federal labour law system, this subject focuses on that federal system and the underlying common law principles of employer and employee rights and obligations. Students are introduced to the key aspects of industrial and labour laws which govern employers and workers in the workplace. Students examine both practical and theoretical perspectives on the industrial and labour law system as it operates and changes in Australia. Students also discuss the extent to which Australian industrial and labour law meets the aspirations of various labour law policy perspectives. Through practice-oriented class activities and assessment, students learn practical legal skills. These skills allow students to apply their knowledge of labour law in business and resolve industrial disputes in the workplace. In particular, students learn the practical skills of applying current industrial and labour law to provide advice. Students also learn practical oral advocacy skills (needed by HR managers and industrial advocates for tribunal appearances) by presenting in moots.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and explain the key legal principles and policies underpinning Australian labour law. |
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| 2. | Analyse and apply relevant legislation and case law in resolving legal problems involving the rights, entitlements, obligations and liabilities of workers and employers to provide effective legal advice to a client. |
| 3. | Critically evaluate the adequacy of, and the scope for reform in, Australia’s current framework of labour law from the perspective of key stakeholders. |
| 4. | Construct and effectively articulate critical, justifiable, persuasive and well-reasoned legal and scholarly arguments |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Preparation for seminar activity
Your learning will be most effective when you are actively engaged in the learning process. Therefore all students undertaking this subject are expected to prepare before class and actively participate in classes. The value of interactive learning and teaching lies in its encouragement of higher order thinking skills such as critical analysis and evaluation. These are part of the subject objectives identified above. Each week there are materials such as cases, legislation, commentary and audio visual material that students need to study and reflect on before each seminar. The materials students need to study each week are listed in this subject outline and are available in the subject documents on Canvas. Students should also prepare their responses to the seminar questions from the lecture slides available on Canvas prior to participating in the seminars. These preparation activities enable students to participate in the seminar activities detailed below.
NOTE: With the exception of the week 1 class, classes will be conducted on the assumption that students have studied and reflected upon the materials and attempted to answer the questions set out on the lecture slides.
Strategy 2: Interactive seminars
Interactive seminars in this subject aim to enhance the ability of students to develop high order skills such as analysis, evaluation and the application of law to facts which are required to become an effective legal practitioner. Students will practice these skills through class discussion and collaborative activities which enable students to identify and explain the key principles of labour law, analyse how those principles operate, and apply the principles in resolving legal problems. The class discussions and assessment allow students to gauge how successful they have been in their critical reading, by testing their knowledge and learning from others. Class activities are scaffolded throughout the session to build up the persuasive oral and written skills needed for professional practice and tested in the mooting assessment. This process begins with basic skills in oral and written advocacy. Students will learn how to construct arguments persuasively by critically analyzing primary and secondary material and applying that material to answer legal questions and persuade decision makers. These advocacy skills become more practice-oriented as the session progresses. Students will apply these skills to resolve legal problems, provide advice and complete the practice orientated assessment included in this subject.
Strategy 3: Collaborative Activities
Students will undertake a number of collaborative exercises in the seminars including:
- Examining, discussing and debating pre-assigned questions designed to test students understanding of key concepts;
- Examining and, discussing pre-assigned employment contract templates and providing legal advice on those contract templates;
- Examining and, discussing pre-assigned factual scenarios and providing legal advice on those factual scenarios.
- Participating in mock trials (mooting) where mock labour & industrial disputes are resolved by the class.
Students will receive feedback from the teacher during the seminars. This will include immediate individual feedback on their communication and analytical skills conveyed when students lead the class discussion.
Strategy 4: Mooting to simulate practice as an Industrial and Labour Lawyer
Students engage in mooting in teams, making legal submissions on behalf of the employee and employer, or adjudicating arguments in the role of judge. By undertaking mooting, students gain practical exposure to applying Industrial and Labour law in a dynamic, real-world context. To do this well, students must master the procedural and substantive legal requirements of Industrial and Labour Law decision-making. Students receive feedback on their mooting performance, persuasiveness of their arguments and relevance of law used. This feedback occurs in two forms: peer feedback provided by judges and opposing counsel challenging their arguments, and seminar leader feedback at the conclusion of their moot.
Strategy 5: Engaging in Guest Lectures
Guest lectures by current practitioners will also be arranged and provide students with the opportunity to evaluate such things as the adequacy of labour law reform and to understand the perspectives of key stakeholders. Students are encouraged to actively engage by asking questions and challenging ideas during lectures.
Strategy 6: Optional Online Discussion
On Canvas students can engage in further discussion of key topics. Students can share their questions, ideas and material they have researched on the open discussion forums on Canvas.
Strategy 7: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process.
Early feedback is provided in Week 3 from the seminar leader and peers. This is obtained via active class participation in collaborative class activities and interactive seminars. After the Week 3 seminar students are expected to assess their own class participation with a grade (between Fail and HD). The seminar leader will review the students’ self-assessments and provide feedback either agreeing with the self-assessment or disagreeing and providing short reasons as to why. This class participation self-assessment process will be repeated after the seminars in weeks, 6, 9 and 12.
Formal written feedback is provided regarding the client advice early in the session via UTS Online. Feedback provides students with the opportunity to reflect upon and develop their ability to construct an effective argument, write clearly and persuasively and communicate complex concepts.
Students receive ongoing feedback in seminars from the seminar leader as well as their peers. Students should be using class participation as a means to test their understanding of the law and their critical application of the law to various examples. This feedback is available to students from week 2 and provides opportunities to develop their capacity to present oral arguments. This provides students with oral feedback about their ability to construct an effective argument using law and secondary resources.
Subject Delivery
This subject is taught in one 3 hour seminar per week throughout the session. The main class activities are designed to engage students and for students to interact with each other and staff using high-order evaluative, collaborative and communication skills deployed by professionals in practice. Students must attend and actively participate in the seminars.
Content (topics)
- What is labour law?; Sources of labour law; regulatory bodies; industrial organisations
- Purposes and Theories of Labour law
- The History and Constitutional Basis of Australian Labour Law
- Employment and Other Work Relationships
- The Employment Contract and Duties of Employer and Employees
- Minimum Wages and Conditions
- Workplace Agreements and Workplace Bargaining
- Industrial Action
- Remedies for Wrongful and Unfair Termination
- Transfer of Business
- Introduction to Occupational Health and Safety and Workers Compensation Law
Assessment
Assessment task 1: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 20% |
| Criteria: |
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Assessment task 2: Client Advice
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 40% |
| Length: | Maximum permitted length is 2200 words (i.e. 10% over 2000 words). Advices longer than 2200 words will be penalised. |
| Criteria: | The advice will require students to:
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Assessment task 3: Mock Trial (Moot)
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 40% |
| Criteria: |
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Required texts
- Andrew Stewart, Stewart's Guide to Employment Law, The Federation Press, 7th Edition, 2021. ("Stewart")
- The 6th Edition (2018) may be used as an alternative. However, students should be aware that this may not entirely cover some of the recent changes to legislation and more recent cases.
Recommended texts
- Rosemary Owens, Joellen Riley and Jill Murray The Law of Work, Oxford University Press, 2nd Edition 2011
- Breen Creighton and Andrew Stewart Labour Law Federation Press, 5th Edition, 2010
- Chris Ronalds and Elizabeth Raper: Discrimination Law & Practice, Federation Press, 4th Edition, 2012
- Snape, John, How to Moot: A Student Guide to Mooting, Oxford University Press, 2010
- Hammond, Michael, The Student Guide to Mooting, ?Dundee University Press, 2010 (UTS Library online resource)
References
Principal Legislation
Fair Work Act 2009 (Cth)
Australian Books
Forsyth, Anthony, and Stewart, Andrew (eds) Fair Work: The New Workplace Laws & Work Choices Legacy (Federation Press 2009)
McCallum, Ron, McCallum's Top Workplace Relations Cases (CCH: Sydney, 2008)
McCrystal, Shae, The Right To Strike in Australia (Federation Press: Sydney: 2010)
Riley, Joellen, Independent Work Contracts (Thomson: Sydney, 2007)
Stewart, Andrew, Understanding Independent Contractors (CCH: Sydney, 2007)
Stewart, Andrew and Williams, George, Work Choices: What the High Court Said (Federation Press: Sydney, 2007)
Australian Journals
Australian Journal of Labour Law
Journal of Industrial Relations
Government Websites
Fair Work Ombudsman: www.fairwork.gov.au
Fair Work Commission: www.fwc.gov.au
Safe Work Australia: www.safeworkaustralia.gov.au
WorkCover Authority of NSW: www.workcover.nsw.gov.au
NSW Office of Industrial Relations: www.industrialrelations.nsw.gov.au