CQUniversity Unit Profile
LAWS12071 Australian Employment Law
Australian Employment Law
All details in this unit profile for LAWS12071 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

Regulation of employment laws represents one of the 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" and 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. Students consider different approaches to regulation from the protective view through to economic rationalism and the libertarian approach. The unit discusses issues around entering into the employment relationship, managing and regulating the relationship and finally, ending the employment relationship.

Details

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 - 2019

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 40%
2. Written Assessment
Weighting: 60%

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.

Previous Student Feedback

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 Direct feedback from students

Feedback

Teaching in intensive mode over six weeks and then having the take home paper in week 13, some seven weeks after the material ended put the students at a disadvantage and was less than desirable.

Recommendation

Consider a take-home paper immediately after the intensive unit has completed in week six or seven at the latest.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Apply Australian employment law, as encapsulated in legislation and common law, to practical issues.
  2. Research, analyse and evaluate primary and secondary sources of employment law in Australia.
  3. Interpret legal principles in the analysis of employment law disputes to identify obligations, rights and remedies and provide solutions to these disputes.
  4. Use skills in team work, communication, critical legal thinking and reasoning.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment - 40%
2 - Written Assessment - 60%

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 - 40%
2 - Written Assessment - 60%
Textbooks and Resources

Textbooks

Prescribed

Stewart's Guide to Employment Law

Edition: 6th (2018)
Authors: Andrew Stewart
Federation Press
Binding: Paperback

Additional Textbook Information

Copies can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Web camera and microphone to joion on line sessions
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Victoria Lambropoulos Unit Coordinator
v.lambropoulos@cqu.edu.au
Schedule
Week 1 Begin Date: 11 Mar 2019

Module/Topic

PART 1 : Entering into the employment relationship

Chapter

Reading: Chapters 1, 2 & 3 in Stewart's Guide to Employment Law (Federation Press,6th ed, 2018) referred to below as Stewart's Guide.

Events and Submissions/Topic

Self guided reading and research.

Complete weekly exercises.


Workbooks for Topics 1 & 2 Due: Week 5 Friday (12 Apr 2019) 11:55 pm AEST
Take Home Written Exam Due: Week 8 Monday (6 May 2019) 11:55 pm AEST
Week 2 Begin Date: 18 Mar 2019

Module/Topic

PART 1 : Entering into the employment relationship continues

Chapter

Reading: Chapters 4, 5 & 6 in Stewart's Guide


Events and Submissions/Topic

The first of four online two hour sessions scheduled at a time TBA in consultation with students. Online link appears on the Moodle site. Session will be recorded for later viewing.

Complete weekly exercises.

Self guided reading and research.

Week 3 Begin Date: 25 Mar 2019

Module/Topic

PART 2: Regulating and managing the employment relationship.

Chapter

Reading: Chapters 7, 8 & 10 of Stewart's Guide 

Events and Submissions/Topic

Complete weekly exercises.

Continue self guided reading and research.

Week 4 Begin Date: 01 Apr 2019

Module/Topic

PART 2: Regulating and managing the employment relationship - continues

Chapter

Reading: Chapters 11, 12, 13 in Stewart's Guide 

Events and Submissions/Topic

The second of four online two hour sessions is scheduled at a time TBA in consultation with students. Online link appears on the Moodle site. Session will be recorded for later viewing.

Complete weekly exercises.

Self guided reading and research.

Week 5 - Assessment 1 Due Friday 12th April 2019 Begin Date: 08 Apr 2019

Module/Topic

PART 3: Ending the employment relationship.

Chapter

Reading: Chapters 9 & 14 in Stewart's Guide

Events and Submissions/Topic

Complete weekly exercises.

Self guided reading and research.

Assessment 1 Due Friday 12th April 2019.


Workbooks for Topics 1 & 2 Due: Week 5 Friday (12 Apr 2019) 11:55 pm AEST
Vacation Week Begin Date: 15 Apr 2019

Module/Topic

Vacation week

Chapter

Vacation week

Events and Submissions/Topic

Vacation week

Week 6 Begin Date: 22 Apr 2019

Module/Topic

PART 3: Ending the employment relationship - continues

Chapter

Reading: Chapters 16 & 17 Stewart's Guide

Events and Submissions/Topic

The third of four online two hour sessions is scheduled at a time TBA in consultation with students. Online link appears on the Moodle site. Session will be recorded for later viewing.

Complete weekly exercises.

Self guided reading and research.

Week 7 - Review *Take Home examination released Friday 3rd May 2019 Begin Date: 29 Apr 2019

Module/Topic

Review course content in preparation for take home written assessment.

Chapter

Events and Submissions/Topic

The final online session dedicated to review and preparation for take home examination.Time TBA in consultation with the students will be arranged.

Online link appears on the Moodle site. Session will be recorded for later viewing.


Assessment Tasks

1 Written Assessment

Assessment Title
Workbooks for Topics 1 & 2

Task Description

This assessment is a workbook. Students will be given a series of questions/tutorial to prepare answers for topics 1 and 2. They are encouraged to work through these questions progressively as we go through the course from weeks 1 - 4. We will discuss some of this content in online tutorial sessions 1 and 2.


Assessment Due Date

Week 5 Friday (12 Apr 2019) 11:55 pm AEST

Students are expected to have worked through the exercises progressively so the bulk of the work would have been completed by the end of week 4.


Return Date to Students

Week 7 Monday (29 Apr 2019)


Weighting
40%

Assessment Criteria

Students' work who fail this assessment will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues.
3. Did not adequately identify and discuss a relevant number of cases and legislation.
4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.

Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks for the two topics have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.

5. Attempt to comply with AGLC but there were significant errors throughout.


Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks for the two topics completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant.

3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks for the two topics completed with few errors.
2. Identified and discussed relevant legal issues. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.
5. AGLC was followed with some minor errors.

Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks for the two topics completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.


Referencing Style

Submission

No submission method provided.


Learning Outcomes Assessed
  • 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 provide solutions to these disputes.
  • Use skills in team work, communication, critical legal thinking and reasoning.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence

2 Written Assessment

Assessment Title
Take Home Written Exam

Task Description

This will be a take home written examination. The assessment will contain a mix of problem style questions and essay style question. The exam will be released online at the end of Week 7 Friday 3rd May 2019. Students will have until Monday 6th May 2019 to complete the assessment.


Assessment Due Date

Week 8 Monday (6 May 2019) 11:55 pm AEST


Return Date to Students

Week 10 Monday (20 May 2019)


Weighting
60%

Assessment Criteria

Students' work who fail this assessment will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues.
3. Did not adequately identify and discuss a relevant number of cases and legislation.
4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.

Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks for the two topics have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.

5. Attempt to comply with AGLC but there were significant errors throughout.


Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks for the two topics completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant.

3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.

Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks for the two topics completed with few errors.
2. Identified and discussed relevant legal issues. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.
5. AGLC was followed with some minor errors.

Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks for the two topics completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.


Referencing Style

Submission

No submission method provided.


Learning Outcomes Assessed
  • 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 provide solutions to these disputes.
  • Use skills in team work, communication, critical legal thinking and reasoning.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence

Academic Integrity Statement

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?