Overview
The issues surrounding the regulation of employment in Australia represents one of the last significant areas of policy difference between the major political parties in Australia. Consequently, both parties have instituted major legislative reform in this area in the last 10 years resulting in the coalition's “Work Choices" in the introduction by the Australian Labor Party of the Fair Work Act in 1990. The purpose of this unit is to allow students an overview of the common law and legislation which regulates the employment relationship within Australia. You will consider different approaches to the issues around the regulation of employment from the protective view through to economic rationalism and the libertarian approach. The unit allows you to consider issues around the constitutional framework for employment law, the creation of the employment contract, employment conditions including enterprise agreements and occupational health and safety as well as termination of employment and issues around collective-bargaining.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2017
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student feedback
Assignments well done but additional individual more detailed feedback requested
Request marking assistance for large course numbers
Marking assistance meant a quick turn around for assignments and more feedback.
Feedback from Student feedback
Course materials well received but some students wished to read ahead of the group
Make materials available in advance in a course reading planner.
Done, the second time the unit was offered meant additional materials also available.
- Apply Australian employment law, as encapsulated in legislation and common law, to practical issues.
- Research, analyse and evaluate primary and secondary sources of employment law in Australia.
- Interpret legal principles in the analysis of employment law disputes to identify obligations, rights and remedies and to provide solutions to these problems.
- Use skills in team work, communication, critical legal thinking and reasoning.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 25% | ||||
| 2 - Presentation and Written Assessment - 25% | ||||
| 3 - Examination - 50% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 25% | ||||||||||
| 2 - Presentation and Written Assessment - 25% | ||||||||||
| 3 - Examination - 50% | ||||||||||
Textbooks
Stewarts Guide to Employment Law
Edition: Fifth (2015)
Authors: Andrew Stewart
Federation Press
Sydney Sydney , NSW , Australia
ISBN: 9781862879935
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Web camera and microphone to joion on line sessions
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
w.jones@cqu.edu.au
Module/Topic
Introduction to Employment Law - Development and Coverage in Australia.
Chapter
Chapters 1 & 2 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Who is an Employee?
Special Types of Employment.
Chapter
Chapters 3 & 4 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Creating an Employment Relationship
Terms of an Employment Contract.
Chapter
Chapters 5 & 6 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Minimum Standards: The NES and Awards
Chapter
Chapter 7 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Enterprise Agreements
Chapter
Chapter 8 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Dispute Resolution and Enforcement of Employment Laws
Chapter
Chapter 9 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Remuneration
Working Hours and Leave
Chapter
Chapter 10 & 11 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Control, Performance Management and Discipline -
Loyalty, Confidentiality and Privacy
Chapter
Chapters 12 & 13 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Chapter
Chapter 14 Stewart's Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Termination of Employment Contracts
Chapter
Chapter 16 Stewarts Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Remedies for Wrongful or Unfair Termination
Chapter
Chapter 17 Stewarts Guide to Employment Law
Events and Submissions/Topic
Module/Topic
Chapter
Review all readings
Revision materials and suggestions for review will be supplied.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Provide a written memorandum of advice on an employment law problem based on material from the first half of the unit regarding the employment relationship.
An important part of this exercise is to write concisely and to the point. For this reason do not repeat the question. Use headings and sub headings to keep the reader engaged and you on track. Provide a conclusion supported by good logical argument. Present your answers professionally, assuming the role of a lawyer writing to a business client.
Upload your advice on Moodle in word format. The expected word limit 2000 words.
Week 5 Friday (7 Apr 2017) 5:00 pm AEST
Week 7 Friday (28 Apr 2017)
- Identified and discussed relevant facts.
- Identified and discussed relevant legal issues.
- Relevant cases and legislation applied.
- Logical analysis of the issues and law lead to a well argued conclusion.
- All of the required elements of the task completed professionally and the opinion is concise and well presented.
- Apply Australian employment law, as encapsulated in legislation and common law, to practical issues.
- Research, analyse and evaluate primary and secondary sources of employment law in Australia.
- Interpret legal principles in the analysis of employment law disputes to identify obligations, rights and remedies and to provide solutions to these problems.
- Use skills in team work, communication, critical legal thinking and reasoning.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
2 Presentation and Written Assessment
You have appeared before a Tribunal on behalf of a client with an employment law problem. The evidence has all been heard and the facts are now established. It is time to make a strong closing submission. Before you make your submission you must research the legal issues and prepare your arguments.
In this assignment, some of you will appear for the employer, some for the employee. Your client will be allocated by the unit coordinator on Moodle when the assessment scenario is released.
You are permitted to appear before the tribunal from your home office (assume your client is with you). Record your presentation to the Tribunal including announcing your appearance, provide a brief introduction and overview and then walk the Tribunal through your arguments before arguing a conclusion in favour of your client.
In line with usual good practice you must provide a concise written outline of your submissions to the Tribunal. The written submissions should provide a concise outline of your clients view of the relevant facts, the legal issues, the most relevant law and then your conclusion (your argument). The purpose of the outline is to enable the Tribunal to easily follow your presentation and be persuaded by your argument.
Your opponent will also be doing the same so you should anticipate their arguments and meet the oppositions argument in your presentation and outline.
Written submissions must be concise and less than 1500 words. Assume this is a Practice Direction from the Tribunal which also suggests headings and subheadings for the Tribunal to follow the document. The written outline should match the course of your presentation.
Dot points for facts, law and arguments are permitted. Citations for cases and full extracts from legislation are not required, just go to the point you are making and assume the Tribunal has been supplied with the case and the legislation and they have it in front of them.
Presentation time maximum of 15 minutes. Dress appropriately and present in a professional manner.
Week 10 Friday (19 May 2017) 5:00 pm AEST
Week 12 Friday (2 June 2017)
- Identified the relevant facts
- Identified and clearly outlined the legal issues
- Identified and demonstrated understanding of relevant legislation and case law.
- Applied the law to the facts to mount a concise, clear and well supported argument.
- Presentation to Tribunal and the case outline were both professional.
- Apply Australian employment law, as encapsulated in legislation and common law, to practical issues.
- Research, analyse and evaluate primary and secondary sources of employment law in Australia.
- Interpret legal principles in the analysis of employment law disputes to identify obligations, rights and remedies and to provide solutions to these problems.
- Use skills in team work, communication, critical legal thinking and reasoning.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
