James Cook University Subject Handbook - 2023

LA4020 - Employment, Workplace and Industrial Relations Law

Subject Description

Employment Law is one of the most interesting, important and topical legal disciplines. This course covers the main elements of employment and labour law, key issues and emerging questions. In particular, the course deals with: Common law employment contract; restraint of trade; duties of good faith of employers and employees; enterprise bargaining; National Employment Standards and the No Disadvantage Test; Industrial Relations Commission and The Australian Fair Pay Commission; Trade Union Law (freedom of association and strikes); unfair dismissal; the Constitutional challenge into work choices; and the new employment reforms aligned with co-operative federalism and Fair Work Australia.

Learning Outcomes

• research and critically analyse information from appropriate diverse sources
• communicate and apply statute and common law to fact situations
• investigate and describe how changes in the law impact on the workplace
• differentiate law from politics

Subject Assessment

• Written > Examination (centrally administered) - (60%) - Individual
• Oral > Presentation 1 - (10%) - Individual
• Written > Research report - (30%) - Individual

Note that minor variations might occur due to the continuous subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.

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