Outline

Overview

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. 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 ?	None
Assumed knowledge ?	LAWS6252 and LAWS6071
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Shae McCrystal, shae.mccrystal@sydney.edu.au

Assessment

The census date for this unit availability is 1 November 2024

Details
Criteria

Type	Description	Weight	Due	Length
Supervised exam ?	Final exam (40%) 1.5 hours writing time and 30 min reading time	40%	Formal exam period	1.5 hours
Outcomes assessed:
Online task	Research Proposal (0%) Written task	0%	Week 03 Due date: 01 Nov 2024 at 17:00 Closing date: 03 Nov 2024	150 words
Outcomes assessed:
Assignment	Research essay (60%) Written assessment	60%	Week 08 Due date: 06 Dec 2024 at 17:00 Closing date: 16 Dec 2024	5000 words/5 weeks
Outcomes assessed:
Assignment	(Alternative) Capstone essay (100%) Written submission	0%	Week 08 Due date: 06 Dec 2024 at 17:00 Closing date: 16 Dec 2024	8000 words/ 5 weeks
Outcomes assessed:

Assessment summary

Research Proposal (0%): Students are required to submit an essay outline of the proposed topic of 150 words via Canvas site by 5:00 pm (Sydney, Australia time) on Friday 1 November 2024, Sydney Australia time. Details will be provided in class.

Research Essay (60%): Students must complete a 5000-word (including all footnotes but not the bibliography) research essay on an area related to the subject matter of the course (workplace bargaining). Any words over the limit will not be marked or considered in the award of a mark. The assignment is due at 5:00 pm on Friday 6 December 2024, Sydney Australia time.

Final exam (40%): The exam will comprise problem and short answer essay questions. 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 1.5 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 formal exam period. The exam timetable will be released by the Exams Office in due course. The exam information is available at Exam timetable.

(Alternative) Capstone Essay (100%): LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, must apply to the unit coordinator to undertake the assessment option of a Capstone Essay. The Capstone Essay will replace all assessments in this unit and is worth 100% of your marks for the unit. The Capstone Essay must be 8000 words (inclusive of footnotes but not inclusive of bibliography) and is due at 5:00 pm on Friday 6 December 2024, Sydney Australia time. Students wishing to take up this option are required to submit a 500-word topic proposal by email to the unit coordinator by 5:00 pm on Friday 1 November 2024, Sydney Australia time. A copy of the approval email must be kept and included with the submission. Your essay topic should respond to the material covered in the present unit. However, at the same time, in order to serve as a capstone for your LLM, it should build upon the learning that has taken place during your LLM studies more generally.

Word limit penalty: Any words over the limit will not be marked or considered in the award of a mark. The total word count for essay and other written assessments will include all footnotes but not any bibliography, and exclude acknowledgements of permissible assistance from editors, automated writing tools or generative AI (where use is permitted).

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

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).The use of Studiosity does not breach this rule but must be acknowledged.

Assessment requirements 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 sydney.edu.au/students/guide-to-grades.

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:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 5:00 pm but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5-minute grace period.

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.

Learning support

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

Weekly schedule

WK	Topic	Learning activity
Week -01	1. Voluntary collective bargaining in international law 2. Historical Overview and FW Act Framework 3. Collective Agreements - Nature, Form and Content	Seminar (6 hr)
Week -01	1. Recognition for Negotiating Enterprise Agreements 2. Good Faith Bargaining and Representation	Seminar (6 hr)
Week -02	Introduction to Workplace Bargaining: What do Bargaining Models Look Like?	Seminar (2 hr)
Week 02	1. Protected Industrial Action 2. Unprotected Industrial Action 3. Agreement-Making	Seminar (6 hr)
Week 02	1. Agreement Approval, Variation and Termination 2. Intractable Disputes and Workplace Determinations 3. Review and essay topic development	Seminar (6 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 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 undertaking 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. 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

The prescribed readings for the unit may be accessed via Canvas under ‘Reading List’.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. Develop a comprehensive understanding of the law of workplace bargaining in Australia under the Fair Work Act 2009.
LO2. Undertake a detailed research project on workplace bargaining, developing research, analytical and writing skills.
LO3. Develop a critical perspective on the regulation of workplace bargaining and engage with alternative perspectives on workplace bargaining, including the approach taken by the International Labour Organisation to the principles of freedom of association.

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
Learning outcomes

Responding to student feedback

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

No 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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6122: Workplace Bargaining

Intensive November, 2024 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect