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

Pre-requisite: 24 credit points of law units

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 - 2021

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 Have you say

Feedback

I normally don't read all of the chapters of the text book. but with the way the assignment was set out. I end up reading the whole text book.

Recommendation

Keep the workbooks for assessment 1

Feedback from Have your say

Feedback

Intensive mode is a great way to take on more than two subjects in a term.

Recommendation

Keep intensive mode

Feedback from Have your say

Feedback

Victoria was thorough and engaging teacher. The tutorials were easier then most to sit through and learn from. To Victoria's credit the course and content was taught in a way that i have developed an active interest in the area.

Recommendation

Keep the authentic style of teaching through real life experiences

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

6th edition (2018)
Authors: Andrew Stewart
Federation Press
Australia
ISBN: 9781760021542
Binding: Paperback

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: 08 Mar 2021

Module/Topic

PART 1 : Entering into the employment relationship continues

Chapter

Reading: Chapters 1,2 & 3  in Stewart's Guide


Events and Submissions/Topic


Complete weekly exercises.

Self guided reading and research.

Week 2 Begin Date: 15 Mar 2021

Module/Topic

PART 1 : Entering into the employment relationship

Chapter

Reading: Chapters 4,5 & 6 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.

Week 3 Begin Date: 22 Mar 2021

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: 29 Mar 2021

Module/Topic

PART 2: Regulating and managing the employment relationship - continues

Chapter

Reading: Chapters 11, 12, 13 in Stewart's Guide we touch on chapter 14 briefly.

Events and Submissions/Topic


Complete weekly exercises.

Self guided reading and research.

Week 5 Begin Date: 05 Apr 2021

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.


Vacation Week Begin Date: 12 Apr 2021

Module/Topic

Vacation week

Chapter

Vacation week

Events and Submissions/Topic

Vacation week


Workbooks - Parts 1 and 2 Due: Vacation Week Monday (12 Apr 2021) 12:00 am AEST
Week 6 Begin Date: 19 Apr 2021

Module/Topic

PART 3: Ending the employment relationship - continues

Chapter

Reading: Chapters 16 & 17 Stewart's Guide

Events and Submissions/Topic


Complete weekly exercises.

Self guided reading and research.

Week 7 Begin Date: 26 Apr 2021

Module/Topic

Part 4: Review and consolidate learning for the take home exam

Chapter

Review and consolidate required reading from Parts 1,2 and 3 of course content.

Reading: Stewart's Guide

Events and Submissions/Topic

Self guided reading and research.

Week 8 Begin Date: 03 May 2021

Module/Topic

Part 4: Review and consolidate learning for the take home exam

Chapter

Review and consolidate required reading from Parts 1,2 and 3 of course content.

Reading: Stewart's Guide

Events and Submissions/Topic


Review and revision.

Self guided reading and research.


Take Home Written Exam Due: Week 8 Friday (7 May 2021) 11:55 pm AEST
Week 9 Begin Date: 10 May 2021

Module/Topic

Take Home Exam Preparation

Chapter

Self - Guided preparation.

Events and Submissions/Topic

Week 10 Begin Date: 17 May 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 11 Begin Date: 24 May 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 12 Begin Date: 31 May 2021

Module/Topic

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 07 Jun 2021

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Workbooks - Parts 1 and 2

Task Description

This assessment is a workbook. Students will be given a series of questions to prepare answers for Part 1: Entering into the Employment Relationship and Part 2: Regulating and Managing the Employment Relationship.

Students are encouraged/expected to work through these questions progressively as we go through the course in Weeks 1 - 4. We will discuss the content in the online live Zoom sessions.


Assessment Due Date

Vacation Week Monday (12 Apr 2021) 12:00 am 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

Will be returned online


Weighting
40%

Assessment Criteria

Students' work who FAIL this assessment will have generally displayed the following:
1. All the tasks/questions have not been completed and/or there is no attempt to answer all of the questions/tasks.
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. There has been an attempt to answer all the tasks/questions but not satisfactorily.That is, there are many significant errors in the answers.
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/ questions have been completed but there are some errors of which are significant in nature.
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/questions have been completed with few errors of which are minor in nature.
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/questions have been 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 questions drawn from the whole course content with a particular focus on Part 3: Ending the Employment Relationship.

The take home exam is intended to simulate invigilated exam conditions (as far as possible) therefore students are given a limited time period to complete the exam.

The exam will be released on Friday 7th May 2021 at 11.55am (Qld Time) (AEST) and is due on Friday 7th May 2021 at 11.55pm (23.55) (Qld Time) (AEST).


Assessment Due Date

Week 8 Friday (7 May 2021) 11:55 pm AEST

To be submitted online


Return Date to Students

Results released online


Weighting
60%

Assessment Criteria

Students' work who FAIL this assessment will have generally displayed the following:
1. All the tasks/questions have not been completed and/or there is no attempt to answer all of the questions/tasks.
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. There has been an attempt to answer all the tasks/questions but not satisfactorily.That is, there are many significant errors in the answers.
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/ questions have been completed but there are some errors of which are significant in nature.
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/questions have been completed with few errors of which are minor in nature.
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/questions have been 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?