LAWS6122 - Workplace Bargaining

The unit will explore the workplace bargaining model under the Fair Work Act 2009 (Cth) within the context of models of collective bargaining used in overseas jurisdictions and Australia’s international obligations.

The unit will look at the history of collective bargaining in Australia before examining the legislative framework of agreement making, including the legal rules applicable to making and approving enterprise agreements.

The unit will examine the rules that pertain to the process of negotiating an agreement, including the circumstances when an employer can be required to engage in collective bargaining and the good faith requirements that apply during bargaining.

The unit will also consider the rules that regulate industrial conflict including protected industrial action, unprotected industrial action and dispute resolution, before considering the difficulties of engaging in collective negotiations outside of the formal legislative framework.

Session

Semester 1 Intensive
1 May 2013 (6-8pm) Introduction
17, 18, 31 May & 1 June 2013 (9-5pm)

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

• Class Participation (10%)
• 1,000 Word Legal Bulletin (15%)
• 1 x 6,000 Word Essay (75%)

• class participation (10%), Legal bulletin 1000wd (15%) and 6000wd essay (75%)

Assumed Knowledge

Completion of LAWS6252 - Legal Reasoning and the Common Law System (candidates who do not hold a law degree from a common law jurisdiction)) and LAWS6071 - Labour Law

Legal Professional Development (LPD)

You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Labour Law and Relations