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, Associate Professor 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, 7th ed, 2021).
• 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 form in this course:

• written comments on individual papers

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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	Introduction to Labour Law; Purposes of Labour Law
2	Employment and Other Work Relationships
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 Employment
6	Unfair Dismissal Provisions
7	The Fair Work Act 2009 (Cth): Background and Overview
8	General Protections
9	Minimum Wages and Conditions
10	Workplace Bargaining (Part I)
11	Workplace Bargaining (Part II)
12	Dispute Resolution and Enforcement

Tutorial Registration

There are no tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Quiz	0 %	25/08/2022	26/08/2022	1
Problem Question	25 %	13/09/2022	06/10/2022	1,2
Online Quiz	20 %	22/09/2022	06/10/2022	1
Research Essay	55 %	24/10/2022	01/12/2022	1,3

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills 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

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.

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Optional Quiz

Details of task: The optional quiz will consist of 10 multiple choice questions covering material from weeks 1-4 of the course. This assessment task addresses learning outcome 1. Students can log on at any time while the quiz is available to complete the quiz.

Nature of task: Optional and non-assessable.

Weighting: 0%

Release: 12pm, 22 August 2022

Duration: 30 minutes. Once you log into the quiz, you will have 30 minutes to complete it. The quiz will finish automatically after 30 minutes and any open attempts will automatically close and be submitted, so please allow sufficient time to complete the quiz.

Due Date: 5pm, 25 August 2022. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 26 August 2022

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Problem Question

Details of task: The assignment will consist of one problem question. The assessable material for this assignment is the material covered in weeks 1-6 of the course. This assessment task addresses learning outcomes 1 and 2. This is not a research task. Students will be able to answer the problem question using only the materials covered in weeks 1-6 of the course.

Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 25%

Release: 12pm, 5 September 2022

Word Limit: 1,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. 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.' Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Referencing Requirements: Refer to the current edition of the AGLC. No bibliography is required.

Due Date: 5pm, 13 September 2022. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 6 October 2022

Assessment criteria: The marking rubric will be made available on Wattle. 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

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

e. Structure the answer in a clear and coherent way

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

g. Cite and reference in accordance with the rules in the most recent edition of the Australian Guide to Legal Citation

Assessment Task 3

Online Quiz

Details of task: The quiz will consist of 20 multiple choice questions. The assessable material for the quiz is the material covered in weeks 1-6 of the course. This assessment task addresses learning outcome 1. Students can log on at any time while the quiz is available to complete the quiz.

Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Release: 12pm, Monday 19 September 2022

Duration: 60 minutes. Once you log into the quiz, you will have 60 minutes to complete it. The quiz will finish automatically after 60 minutes and any open attempts will automatically close and be submitted, so please allow sufficient time to complete the quiz.

Due Date: 5pm, Thursday 22 September 2022. If you experience unavoidable and extenuating circumstances and cannot complete the assessment, do not access the assessment and apply for an extension here. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. If you have accessed the assessment, you will not be approved for an extension and will need to complete the assessment by the due date and submit a special consideration application for your circumstances to be considered.

Estimated Return Date: 6 October 2022

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 4

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. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 55%

Release: 12pm, 25 July 2022

Word Limit: 2,200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. 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.' Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

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

Due Date: 5pm, 24 October 2022. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Official end of semester results release date via Turnitin.

Assessment Criteria: The marking rubric will be made available on Wattle. 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. Critical analysis of the relevant issues

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

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

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 Access 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