LAWS12071 - Australian Employment Law
Term 1 - 2017


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.

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

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band [not found]
Fraction of Full-Time Student Load 0.125

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).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

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 Task Weighting
1. Written Assessment 25%
2. Presentation and Written Assessment 25%
3. Examination 50%

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 Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

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 Source Recommendation
Course materials well received but some students wished to read ahead of the group Student feedback Make materials available in advance in a course reading planner.
Assignments well done but additional individual more detailed feedback requested Student feedback Request marking assistance for large course numbers
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 to provide solutions to these problems.
  4. 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
2 - Presentation and Written Assessment
3 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
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        

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Written Assessment      
2 - Presentation and Written Assessment    
3 - Examination        

Prescribed Textbooks

Stewarts Guide to Employment Law
Author/s: Andrew Stewart Year: 2015
Edition: Fifth Publisher: Federation Press
City: Sydney State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

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
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorWayne Jones (w.jones@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Introduction to Employment Law - Development and Coverage in Australia.

Chapters 1 & 2 Stewart's Guide to Employment Law

Week 2 13-03-2017

Who is an Employee?

Special Types of Employment.

Chapters 3 & 4 Stewart's Guide to Employment Law

Week 3 20-03-2017

Creating an Employment Relationship

Terms of an Employment Contract.

Chapters 5 & 6 Stewart's Guide to Employment Law

Week 4 27-03-2017

Minimum Standards: The NES and Awards

Chapter 7 Stewart's Guide to Employment Law

Week 5 03-04-2017

Enterprise Agreements

Chapter 8 Stewart's Guide to Employment Law

Written Memorandum of Advice Due Friday (07 Apr 17) 05:00 PM AEST
Vacation Week 10-04-2017
Week 6 17-04-2017

Dispute Resolution and Enforcement of Employment Laws

Chapter 9 Stewart's Guide to Employment Law

Week 7 24-04-2017

Remuneration

Working Hours and Leave

Chapter 10 & 11 Stewart's Guide to Employment Law

Week 8 01-05-2017

Control, Performance Management and Discipline -

Loyalty, Confidentiality and Privacy

Chapters 12 & 13 Stewart's Guide to Employment Law

Week 9 08-05-2017 Discrimination and Victimisation

Chapter 14 Stewart's Guide to Employment Law

Week 10 15-05-2017

Termination of Employment Contracts

Chapter 16 Stewarts Guide to Employment Law

Presentation and Submission to a Tribunal Due Friday (19 May 17) 05:00 PM AEST
Week 11 22-05-2017

Remedies for Wrongful or Unfair Termination

Chapter 17 Stewarts Guide to Employment Law

Week 12 29-05-2017 Review week

Review all readings

Revision materials and suggestions for review will be supplied.

Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Written Memorandum of Advice
Task Description

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.

Assessment Due Date Week 5 Friday (07-Apr-2017) 05:00 PM AEST
Return Date to Students Week 7 Friday (28-Apr-2017)
Weighting 25%
Assessment Criteria

  • 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.
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

The assessment is due on a Friday evening by 05:00PM. If you are late with your assessment you will lose 5% per day (or part) for late submission.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

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 to provide solutions to these problems.

4. Use skills in team work, communication, critical legal thinking and reasoning.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence



2 Presentation and Written Assessment

Assessment Title Presentation and Submission to a Tribunal
Task Description

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.

Assessment Due Date Week 10 Friday (19-May-2017) 05:00 PM AEST
Return Date to Students Week 12 Friday (02-Jun-2017)
Weighting 25%
Assessment Criteria
  • 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.
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Documents must be in word format to be marked. Video of your presentation to be uploaded to You Tube with a direct link from your document.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

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 to provide solutions to these problems.

4. Use skills in team work, communication, critical legal thinking and reasoning.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

5. Team Work

6. Information Technology Competence



Examination

Outline Complete an examination
Date During the University examination period
Weighting 50%
Length 120 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

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 to provide solutions to these problems.

4. Use skills in team work, communication, critical legal thinking and reasoning.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy


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