This is an intensive course focussed on ‘real life’ legal practice. Employment and industrial practice is a continuously evolving area of law. This course tracks many of the contemporary developments in the area and challenges students to deal with them in a legal practice environment. There can often be more than one correct answer to an employment or industrial legal problem and the course is designed to excite the problem solving imagination.

The course is delivered in flexible on-line mode so students will need to log onto the Wattle regularly throughout the course. All the materials, assessments and discussion forums are managed through the Wattle website. Information is loaded into Wattle in real time. Although largely self-paced students are strongly encouraged to collaborate and seek assistance when needed. There is convenor and mentor support readily available throughout the course.

The assessments will progress students through the phases of an employment and industrial matter from beginning to completion. The course is different from undergraduate employment law in that the focus of the course is practice skills such as drafting, language and client empathy.

 

Learning Outcomes

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

1. Investigate, analyse and assess the dispute to identify that the matter is an employment and workplace law problem and within the relevant jurisdiction.
2. Analyse, and evaluate the facts of the matter, identify and synthesise the relevant law applicable to the client’s case and advise, logically and clearly, on the principles of employment and workplace law relevant to the client’s circumstances.
3. Analyse, research, and evaluate the client’s rights and potential remedies and options, critically reflect on the breadth and scope of legal issues and applicable law to communicate to the client options for resolution of the matter, including avoidance of dispute and alternative dispute mechanisms as well as relevant applicable procedures.
4. Research and draft relevant document(s) to identify, apply and communicate information to the client or transmit information (facts and evidence) in the form required to represent, support and negotiate the client’s case in workplace negotiations or tribunal or court proceedings.
5. Identify, prepare, conduct, or observe, and document workplace negotiations in accordance with professional behaviours and good practice and business management.
6. Demonstrate and reflect critically on their ethical and professional behaviour and responsibilities.
7. Demonstrate and apply the knowledge, skills and values required to achieve the ‘Competency Standards for Entry Level Lawyers’ as determined by the Law Admissions Consultative Council.

Research-Led Teaching

Marcus Humphreys

Marcus is an in-house counsel with a major resource company a specialising in employment and industrial law. Marcus holds an LLM from ANU.

With a strong practical background in employment and industrial relations the research part of this course is the study of the intersection between the role Employee Relations Manager and Legal Advisor. Contemporary practice of employment and industrial relations increasingly requires expert legal knowledge of employment laws in fast paced workplace environments. This has resulted in a merging between these professional streams, with Employment Relations Managers studying law and practising lawyers moving into Employee Relations Management. The future role of the Legal Practitioner in this new paradigm a distinctive area of focus.

A second area of future research is the practice of employment laws in developing countries, in particular those with significant mineral resources such as Timor-Leste.

Dr Skye Saunders

Skye is a discrimination/employment relations legal academic with a special interest in sex discrimination.

Required Resources

The course materials on Wattle provide an overview of the practice of employment law. They do not provide a detailed summary of employment law. Employment law in Australia is always changing and if your desire a deeper understanding of employment law you will need to will need to do your own further research. The focus of the course is to give you an understanding of the key elements of employment law and then develop your own ability to research the law.

Precedent examples have been placed on WATTLE along with relevant case law and forms. Unlike undergraduate study, the idea is to reduce the research time so you can concentrate on skills required in communicating with your client and developing legally enforceable solutions.

WATTLE is also your main source of discussion with the course convener and other students regarding the course. You are encouraged to use the discussion boards on WATTLE to research issues and problems with other students.

As discussed earlier, precedent documents and some relevant case law will be easily accessible on WATTLE. You may be required to do some of your own research.

Recommended Resources

You must use the tools you would ordinarily use in practice - the legislation, case law to research the law and reach your own conclusions.

Each assessment will come with instructions so you will be able to undertake the exercises regardless of your previous knowledge of employment law (or lack of).

• Fair Work Commission www.fwc.gov.au contains legislation, Awards, FWA forms, and handy summaries of procedures.
• ANU Law Library
•  Federal Court of Australia www.fedcourt.gov.au.
• The Austlii web site. (www.austlii.edu.au) Legislation and Case Law.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-2 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the convenor. If you feel that your feedback and grade does not reflect your performance, please contact the convenor in writing and outline your concerns.

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

Competency Standards

The GDLP draws together the compulsory skills, practice areas and values from the Law Admissions Consultative Committee (LACC) Competency Standards for Entry-Level Lawyers. The LACC competencies set out the standards that you must achieve during your professional legal training (PLT) to be eligible for admission to practice.

You can find the PLT Competency Standards for Entry-level lawyers at https://www.lawcouncil.asn.au/files/web-pdf/LACC%20docs/224336988_10_LACC%20-%20PLT.pdf.

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

Word Limits

As the assessment in the GDLP Program is authentic to legal practice, we do not impose word limits. However, you will often be given a word ‘recommendation’ to guide you, taking into account the purpose of the document and the length it is likely to be in practice.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean, Pamela Taylor-Barnett can be contacted via email on subdean.slp@anu.edu.au

Wellbeing Support Services for Lawyers

You will find an abundance of wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	8 July - 14 July Read and understand course materials Become familiar with research resources Ask questions about employment and industrial practice
2	15 July - 21 July Assessment 1 Part A released: Draft initial letter to client Draft and advice to client
3	22 July - 28 July Assessment 1 Part A due: Friday, 26 July 2019 Assessment 1 Part B released: Draft an employment contract clause Draft a settlement agreement Receive instructions for further documents for Assessment 2: Instructions become available Read instructions Commence research and drafting advices
4	29 July - 4 August Assessment 1 Part B due: Friday, 2 August 2019 Assessment 2 Instructions become available Begin drafting required documents Commence drafting submissions and FWA Order document
5	5 August - 11 August Assessment 4 Reflective piece guidelines become available
6	12 August - 16 August Assessment 2 & 3 due: Friday, 16 August 2019

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Assessment 1	0 %	26/07/2019	09/08/2019	1,2,3,4,5,7
Assessment 2	0 %	16/08/2019	30/08/2019	1,4,5,7
Assessment 3	0 %	16/08/2019	30/08/2019	3,6

* 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 ANU Online website. 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

You have elected to enrol in an intensive practice course – give it your full commitment by keeping up to date, being informed and actively participating in the course.

Check Wattle announcements and forum discussions as well as your ANU email at least every 24-48 hours. Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

All email correspondence from the ANU will be sent to your ANU email address.

You may arrange for your ANU Email to be forwarded to an email address you check daily.

Assessment Task 1

Assessment 1

Part A: Writing an (initial) letter of engagement and advice

• Draft initial letter to client
• Draft an advice to client

Assessment Due Date: Friday, 26 July 2019

Part B: Drafting employment instructions (deed of settlement and contract clauses)

• Draft an empoyment contract clause
• Draft a settlement agreement

Assessment Due Date: Friday, 2 August 2019

Please note the due dates listed in the Assessment Summary and Return of Assessment Date relates to the dates of Part A of this assessment only.

Please refer to the Important Class Information in Wattle for further information and grades in this course.

Assessment Task 2

Assessment 2

Task: Drafting procedural form and submission requred for a Fair Work Commission application

• Prepare forms for a FWC application
• Prepare a right of appearance application
• Prepart advocacy guide

Assessment Due Date: Friday, 16 August 2019

Please refer to the Important Class Information in Wattle for further information and grades in this course.

Assessment Task 3

Assessment 3

Task: Reflective Piece (optional)

Assessment Due Date: Friday, 26 August 2019

Please refer to the Important Class Information in Wattle for further information and grades in this course.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community 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 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 University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

Please ensure that you keep a copy of all the work you submit.

The submission requirements specific to each task will be set out on the course Wattle site by the Convenor.

Generally, you will submit written assessments through the course Wattle site in the appropriate submission box under the heading “Assessments”. You must complete the electronic academic integrity certification. Ensure you confirm your submission has been properly submitted (click “send for marking”), and not merely uploaded as a draft file.

You will complete oral assessments through the web-conference platform provided on the course Wattle site (Adobe Connect) or through Skype under extenuating circumstances. Oral assessments will be recorded and webcam will be required for student verification only. You must have your student card, driver’s licence or other form of photo identification available to show your assessor. You can then turn your camera off.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

If you submit an assessment late, without receiving an approved extension from the Convenor, the following penalties will apply: 

1.   You will not be able to achieve a Higher Level Performance (HLP) grade for the assessment in question.

2.   If your assessment is graded as Not Yet Competent (NYC) you will not be offered the opportunity to resubmit the assessment, or to submit a supplementary assessment.

3.   Assessments submitted more than 72 hours after the due date will be automatically graded NYC.

The Convenor has overriding discretion to accept an assessment and/or to allow a student to resubmit an assessment, or to submit a supplementary assessment.

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.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-2 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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.

Resubmission of Assignments

Students who make a bona fide attempt at assessable work and who submit it on time (or are granted an extension), and who receive a Not Yet Competent (NYC) grade for the assessment item, will be offered additional assessment.

Additional assessment is EITHER one opportunity to resubmit the assessment, OR one opportunity to submit a supplementary assessment. The Convenor has the discretion to decide which form of additional assessment to utilise.

Both the opportunity to resubmit work that has been graded NYC, or to submit a supplementary assessment, are considered to be supplementary assessment in the course. 

No further supplementary assessment will be offered once a student receives an N (fail) grade as a final result for the course.

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