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Unit outline_

LAWS6071: Labour Law

Semester 1a, 2024 [Block mode] - Camperdown/Darlington, Sydney

The purpose of this unit is to introduce students to the principles of labour law. It is designed specifically for MLLR students who do not have a law degree or for any students with a law degree who have not recently undertaken an undergraduate labour law course. The goal of the unit is to equip students with the fundamental principles of labour law that they will need to undertake more advanced labour law units within the MLLR and LLM Degrees. It provides an introduction to the contract of employment and the relevant principles governing the employment relationship, including termination of employment. It then introduces students to the workplace relations framework including collective bargaining and industrial conflict; the modern role of awards and statutory regulation of wages and conditions. The unit is compulsory for students enrolled in the MLLR. However, the requirement to take this unit may be waived upon application to the Program Director if the student can demonstrate proficiency in the unit objectives gained through completing a recent undergraduate law unit in labour law or work experience. Credit will not be granted for WORK6116 Employment and the Law and completion of this unit will not be sufficient to obtain an exemption from this MLLR compulsory unit. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3446 or LAWS5146
Assumed knowledge
? 

MLLR students must either have a law degree or completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System (core) as well as this unit before undertaking the labour law elective units

Available to study abroad and exchange students

No

Teaching staff

Coordinator Shae McCrystal, shae.mccrystal@sydney.edu.au
Lecturer(s) Shae McCrystal, shae.mccrystal@sydney.edu.au
The census date for this unit availability is 8 March 2024
Type Description Weight Due Length
Supervised exam
? 
Final exam (60%)
2 hours writing time plus 30 minutes reading time
60% April exam week 2 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Presentation Case Presentation (10%)
Class presentation
10% Ongoing 5 minutes
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Small test In-class test (30%)
In-class test
30% Week 04
Due date: 15 Mar 2024 at 09:00
1hr writing plus 15mins reading time
Outcomes assessed: LO1 LO4 LO2

Assessment summary

Case presentation (10%): The case presentation component will consist of a five minute class presentation based on a case. Presentations will occur during class at the time allocated to the case in the reading guide. Guidance on preparing the class presentation will be provided in the first class.

In-class test (30%): The test will be a supervised test on campus, during class time on Day 3 of the course. The test will comprise one problem-style question. The test will be in “pen and paper” form, meaning that it will be hand-written.  No computers or other electronic devices (such as mobile phone, laptops, electronic dictionaries etc) are permitted. The test is otherwise “open book”, meaning that you can bring hard copy notes and books into the exam room.

You will have 1 hour writing time plus 15 minutes reading time to prepare your response to the question. Only the topics covered on Days 1 and 2 are examinable. The in-class test will be held on Friday 15, March 2024 at 9am (Sydney, Australia time).

Final exam (60%): The exam will comprise one problem-style question and one or two short essays. The exam will be in “pen and paper” form, meaning that it will be hand-written.  No computers or other electronic devices (such as mobile phone, laptops, electronic dictionaries etc) are permitted. The exam is otherwise “open book”, meaning that you can bring hard copy notes and books into the exam room. You will have 2 hours writing time plus 30 minutes reading time to prepare your response to the question. All materials and topics from the unit are examinable.

The supervised final exam will take place on-campus during the April exam week beginning Monday 15 April 2024.  The exam timetable will be released by the Exams Office in due course. Exam timetable information is available at https://www.sydney.edu.au/students/exams/timetables.html.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

 

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to exams and tests and any late submission will not be accepted.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Introduction and Overview of Historical Development of Labour Law Seminar (2 hr) LO1 LO5
Week 02 The Contract of Employment Seminar (4.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
Employment terms and termination Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6
The Fair Work Act and Statutory Employment Standards Seminar (4.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 04 In-class test - 15 March 2024 Seminar (1.5 hr) LO1 LO2 LO3
Collective Action and the Fair Work Act Seminar (4.5 hr) LO1 LO2 LO3 LO4 LO5 LO6
Workplace Rights Seminar (3 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.  

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas under ‘Reading List’.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the system of workplace relations in Australia, and how this system has developed in recent years
  • LO2. demonstrate knowledge and understanding of the legal responsibilities of employers and employees at the workplace
  • LO3. critically analyse judgments of courts and tribunals on workplace matters
  • LO4. demonstrate a working knowledge of the framework and operation of the Fair Work Act 2009 (Cth)
  • LO5. think critically about the substance of labour law and the context in which labour law operates, including consideration of the effectiveness of legislative strategies for the regulation of work
  • LO6. demonstrate interpretation and application of relevant legal principles to fact scenarios

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

The unit has been updated, but no significant changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.