This course examines labour law in Australia.  Labour law is an important component of studies in the legal regulation of commerce.  Students are introduced to the key aspects of labour laws which determine the rights, entitlements and responsibilities of employers and workers in the workplace.  Both practical and theoretical perspectives on judge-made law and statute regulating work are examined.  Given extensive recent legislative activity by the Commonwealth Parliament in the area of labour law, the Fair Work Act 2009 (Cth) as amended is analysed in some detail.

Topics covered include:

• the history, development and constitutional underpinnings of Australian labour law
• employees contrasted with other categories of workers
• the common law contract of employment
• minimum employment terms and conditions
• workplace bargaining and agreements
• the regulation of industrial conflict (including strikes)
• wrongful, unlawful and unfair termination of employment.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. demonstrate an advanced understanding of the underlying legal principles, rules and institutions which regulate Australian work relationships (‘expected learning outcome one’);
2. apply the legal rules which regulate Australian work relationships with initiative and judgment to problem questions (‘expected learning outcome two’); and
3. critically analyse the legal rules and institutions which regulate Australian work relationships using theoretical, contextual and historical perspectives to complete a piece of research and scholarship with some independence (‘expected learning outcome three’).

Research-Led Teaching

The course convenor, Pauline Bomball, is a researcher in the field of Labour Law. Further information about her background and research may be found here: https://law.anu.edu.au/people/pauline-bomball

Required Resources

• Andrew Stewart, Stewart’s Guide to Employment Law (Federation Press, 6th ed, 2018). The prescribed text will be abbreviated to ‘SG’ in the weekly outline, available on WATTLE.
• Fair Work Act 2009(Cth) Students are not required to purchase a hard copy of the current version of the Fair Work Act 2009 (Cth). Students may download the relevant portions of the current version of the Fair Work Act 2009 (Cth) from the Federal Register of Legislation: http://www.legislation.gov.au. In the weekly class outlines (see WATTLE), students will be advised about the portions of the Act that are required in a particular week.

Recommended Resources

A list of recommended resources will be placed on the course WATTLE site.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments on individual papers
• feedback to the whole class via WATTLE

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions, late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: Available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Purposes of Labour Law; Sources of Labour Law
2	Employees and Independent Contractors
3	Rights and Responsibilities under the Contract of Employment (Part I)
4	Rights and Responsibilities under the Contract of Employment (Part II)
5	Rights and Responsibilities under the Contract of Employment (Part III); Termination of the Contract of Employment
6	Termination of Employment: Unfair Dismissal Provisions of the Fair Work Act 2009 (Cth)
7	General Protections Provisions and Workplace Bullying
8	Background to, and Overview of, the Fair Work Act 2009 (Cth)
9	Minimum Wages and Conditions
10	Workplace Bargaining (Part I)
11	Workplace Bargaining (Part II)
12	Enforcement of Employment Laws in the Modern World of Work

Tutorial Registration

There are no tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Quiz	0 %	04/09/2020	04/09/2020	1
Research Essay	50 %	14/09/2020	09/10/2020	1,3
Final Take-Home Examination	50 %	*	*	1,2

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

This course involves reading, thinking and arguing. In order to take better advantage of the discussion which will occur in classes, you should read the required readings for the week prior to attending class. Students are expected to prepare for classes and to engage critically in the discussion that takes place there. It is, in part, by means of such engagement and the feedback you get from that that you will be able to evaluate and enhance the quality of your learning of the course content and skills. You should check the course WATTLE site on a regular basis to read important announcements and access additional learning materials.

Assessment Task 1

Optional Quiz

Details of task: The quiz will be made available to students during week 6 of the course. There will be ten multiple choice quiz questions covering material from weeks 1 to 5 of the course. This assessment task addresses learning outcome 1.

Nature of Task: Optional and non-assessable.

Weighting: 0%

Release: The quiz will be released on WATTLE at 9:00am on Monday, 31 August 2020. The quiz will be available until 5:00pm on Friday, 4 September 2020. Students can log on at any time during this period to complete the quiz.

Due date: The quiz will be closed at 5:00pm on Friday, 4 September 2020.

Extensions and Penalties for Late Submission: Extensions and late submission are not permitted for this task.

Estimated return date: Feedback on answers will appear as soon as the quiz is completed.

Assessment Task 2

Research Essay

Details of task: Students must submit a research essay in response to one of a selection of essay questions. This assessment task addresses learning outcomes 1 and 3.

Nature of Task: Compulsory and non-redeemable. Non-submission of this task will result in a 0 for the task.

Weighting: 50%

Release: At the start of the course (9:00am on Monday, 27 July 2020).

Due date: 5:00pm on Monday, 14 September, 2020 via Turnitin dropbox on WATTLE

Word limit: 2000 words

Penalties for excess word length: Penalties for excess word length will be applied. Refer to the ANU College of Law website for default word length penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties. Note, in particular, the following statement from the College's word length policy: 'The footnotes will not be counted, and substantive material (other than references and citations) in the footnotes will not be assessed.'

Extensions: Extensions are permitted for this task. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date. Requests for extensions must be made using the ANU College of Law's online form: https://law.anu.edu.au/forms/assessment-extension-request

Penalties for Late Submission: Late submission is permitted but, where no extension has been granted, penalties for late submission will be applied. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. No submission will be accepted after the date specified for the return of the assessment item (9 October 2020).

Referencing Requirements: Refer to the current edition of the AGLC. A bibliography must be included.

Estimated return date: 9 October 2020 (end of week 9).

Assessment Criteria: Students will be assessed in accordance with the following criteria:

Analysis

a. Clear articulation of the relevant issues and relevant law

b. Presentation of a logical argument that addresses the question and engages with the relevant issues

c. Ability to critically analyse the existing law and policy

d. Ability to anticipate and respond to possible objections

e. Critical analysis of the relevant literature (does not merely summarise the literature)

Research

a. Use of an appropriate range of primary and secondary sources that are relevant to the topic

b. Depth and breadth of research

Organisation and Structure

a. Clear and coherent structure

b. Construction of a sustained argument throughout the essay

Expression

a. Clear and precise expression

b. Accurate spelling and grammar

Citation and Referencing

a. Accurate citation and referencing which complies with the most recent edition of the Australian Guide to Legal Citation

The marking rubric will be made available on WATTLE.

Assessment Task 3

Final Take-Home Examination

Details of task: Although it is a take-home examination, this task is designed to closely replicate a formal sit-down open book examination. You will have two hours to complete it. The take-home exam will be released on WATTLE, and submission will be to the Turnitin dropbox on WATTLE. You will not be permitted to discuss the exam question or your answer with anyone while you are undertaking the exam. The take-home exam will consist of one or more problem questions. The entire course is examinable (all topics covered in the course are examinable). This assessment task addresses learning outcomes 1 and 2.

Nature of Task: Compulsory and non-redeemable. Non-submission of this task will result in a 0 for the task.

Timing: During the final examination period. The date and time of the final exam is set by the University, not by the course convenor. Please consult the University's final examination timetable when it is made available.

Duration: Two hours

Permitted Material: Any

Weighting: 50%

Word limit: 2000 words

Penalties for excess word length: Penalties for excess word length will be applied. Refer to the ANU College of Law website for default word length penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties.

Referencing Requirements: In accordance with formal sit-down examination referencing requirements. Students will be given information on how to cite and reference sources in an exam setting during the course. No bibliography is required for this task.

Penalties for Late Submission: As this is a take-home examination, late submissions are not accepted. A mark of zero will be awarded to late submissions.

Estimated return date: After release of final results for Semester 2, 2020.

Assessment Criteria: Students will be assessed on their ability to:

a. Identify the legal issues that arise on the set of facts presented in the question

b. Accurately and concisely explain the law which is relevant to resolving the legal issues

c. Apply the law to the legal issues (by formulating legal arguments)

d. Reach a reasoned conclusion on the way the legal issues are likely to be resolved

e. Structure the answer in a logical and coherent way

f. Express ideas clearly, and with accurate spelling and grammar

There is no rubric attached to this task.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students