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LAW3442 Workplace Law

Semester 2, 2012 On-campus Springfield
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 30 December 2013

Contents on this page

Staffing

Examiner: Vanitha Sundra-Karean
Moderator: Liam Scott

Requisites

Pre-requisite: (LAW2202 or LAW5602) and (LAW2204 or LAW5604) and (LAW3201 or LAW5701)

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Synopsis

The course provides a general introduction to many aspects of workplace law. Students will broadly examine the law relating to the employer/employee relationship, including: (i) the purposes of regulation of employment and industrial relations; (ii) statutory regulation of the employment relationship and the bodies which regulate employment in Australia; (iii) categorising work relationships and recognising differences between an employment relationship and other types of work arrangements; (iv) basic employee entitlements and terms and conditions of employment; (v) sources of employment obligations - contracts, workplace agreements, statute and awards; (vi) collective bargaining and industrial action; (vii) enforcement of employment obligations; (viii) management of the employment relationship including performance management, disciplinary process, and controls on employment; (ix) workplace health and safety; (x) termination of employment, risks and remedies for termination; and (xi) workplace rights (including general protections). In addition to content, the course is designed to provide students with a practical, hands-on approach to various issues arising out of the employment relationship through a range of problem-solving exercises.

Objectives

By the end of this course, students should:

  1. have the ability to provide an overview and identify key parts of the current regulatory regime for employment in Australia, including key regulatory bodies and their functions
  2. demonstrate an ability to identify and distinguish a contract of employment from other forms of work arrangements
  3. demonstrate an understanding of the different categories of employment
  4. understand the law regarding minimum employee entitlements and demonstrate an ability to identify and explain where these entitlements are derived from
  5. be able to appreciate and explain the contrast and interaction between award-based, statute-based, and contract/agreement-based terms and conditions of employment
  6. understand and explain basic concepts of collective bargaining and industrial action
  7. demonstrate an ability to identify (in a hypothetical scenario) the ways in which minimum employee entitlements may be protected and enforced
  8. demonstrate an ability to understand and explain controls on employment and the obligations of employees and employers in the employment relationship
  9. apply learned theory to practical scenarios regarding performance management and disciplinary process in the employment context
  10. demonstrate an ability to understand and explain the law regulating workplace health and safety
  11. understand and explain the regulation of termination of employment and demonstrate and ability to suggest practical solutions in relation to the termination of the employment relationship
  12. demonstrate problem-solving skills by identifying and explaining the risks associated with performance management and termination of employment
  13. demonstrate analytical and problem-solving skills in identifying workplace rights and applying knowledge to a factual scenario
  14. apply logical and analytical argument, in written or oral form, to hypothetical factual scenarios across relevant modules, provide appropriate advice and prepare the necessary documents relevant to the problem at hand.

Topics

Description Weighting(%)
1. Introduction to workplace law 12.50
2. Coverage and institutions 12.50
3. The employment relationship 12.50
4. Sources and enforcement of employment obligations 12.50
5. Employee management, control and performance 12.50
6. Workplace health and safety 12.50
7. Termination of employment 12.50
8. Workplace rights and general protections 12.50

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=02&subject1=LAW3442)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Stewart, A 2011, Stewart's guide to employment law, 3rd edn, The Federation Press, Annandale, New South Wales.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Creighton, B & Stewart, S 2010, Labour law, 5th edn, The Federation Press, Annandale, New South Wales.
  • Pittard, M & Naughton, R 2010, Australian labour law, text, cases and commentary, 5th edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Australian Industrial Relations Commission at http://airc.gov.au/.
  • Fair Work Australia at http://fwa.gov.au/.
  • Fair Work Ombudsman at http://www.fairwork.gov.au/.
  • Legislation/Case Law, AUSTLII: for Commonwealth and State legislation at http://www.austlii.edu.au/.
  • Queensland Industrial Relations Commission at http://www.qirc.qld.gov.au/.

Student workload requirements

Activity Hours
Assessments 40.00
Directed Study 50.00
Lectures and Tutorials 24.00
Private Study 51.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
FORMATIVE ASSESSMENT 0 0 10 Aug 2012 (see note 1)
ASSIGNMENT 40 40 10 Sep 2012
2 HOUR EXAMINATION 60 60 End S2 (see note 2)

NOTES
  1. Students will be provided with some formative assessment within the first month of the course.
  2. The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

Important assessment information

  1. Attendance requirements:
    It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments: Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

Other requirements

  1. Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.