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.
Intro Class: Aug 6 (6-8) then Aug 16, 17 and 30, 31 (9-5)
Option 1: assignment (20%) and 6500wd essay or law reform proposal (80%) or Option 2: 8000wd essay or law reform proposal (100%)
B Creighton, A Forsyth and S McCrystal (eds), Collective Bargaining Under the Fair Work Act: Evaluating the Australian Experiment in Enterprise Bargaining, Federation Press, 2018.
Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
LAWS6252 and LAWS6071