Units

---

Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Due to its social, economic and political relevance, employment law is an increasingly significant feature of Australia's legal landscape. The employment relationship is one which affects us all, and in the light of continuing legislative changes to employment law, will continue to have a profound effect on our lives.

The study of Australian employment law will draw upon your knowledge and understanding of contract, tort, and constitutional law, and will increase your appreciation of the myriad of associated legislation (such as privacy and discrimination laws) and common law cases by which employment relationships are regulated in Australia. This unit is an elective unit in the law degree in the human rights group and is relevant if you are planning to practise in employment law or work in areas such as human resources.

Aims

The aim of this unit is to provide you with a knowledge and understanding of Australian employment law and how to apply it in practice.

Objectives

Further develop skills relevant to employment, professional practice and life-long learning, including skills in research and time management.

At the completion of this unit you should be able to:
1. Appraise Australian employment law issues and the development of employment law in response to social, economic and policy considerations; (GC1)
2. Critically analyse a real world problem by identifying and applying correct principles of Australian employment law, including applicable principles of statutory interpretation, and proposing appropriate solutions. (GC2)
3. Effectively research, evaluate and interpret primary and secondary sources relevant to Australian Employment Law. (GC2)
4. Effectively communicate in plain English, orally and in writing, legal concepts and solutions to employment law problems; (GC3)
5. Effectively manage your time and prioritise learning activities. (GC5)

Content

The material covered in this unit includes the following:

• the nature of employment law;


• the common law employment relationship;


• the contract of employment;


• minimum work standards and entitlements;


• enterprise agreements and enterprise bargaining;
  
• trade unions and freedom of association;


• industrial action;


• termination of employment and remedies for wrongful and unfair dismissal;and


• dispute resolution and enforcement.

Approaches to Teaching and Learning

The teaching and learning approach in this unit involves an integrated program where you will prepare each week by working through the study guide, undertaking prescribed readings and attempting the tutorial questions. You will then build upon your understanding by engaging with the lectorials.

Lectorials

In this unit there will be one two hour lectorial per week. All lectorials are recorded and the recordings will be available on the blackboard website normally the next day. Powerpoint presentations for each lectorial will also be available on blackboard.

Online materials

There will also be a variety of online teaching and learning resources made available via the Blackboard site.

A blackboard forum will also be available to assist external and other students.

External Attendance School
There is no external attendance school in this unit.

Assessment

In this unit, there are three types of assessment (detailed below). You will be graded on a scale of one to seven.

Overview of Assessment:

Internal and External Students:
Summative assessment will be a memorandum of advice, a critique on a newspaper article and an end of semester open book examination.Feedback on the development of your understanding of Australian Employment law examined in this unit and the skills taught is provided through:

• Exercises undertaken in lectorials;


• The individual written feedback on your letter of advice and critique of newspaper article (internal and external students);


• The generic feedback on the letter of advice and critique placed on the unit's Blackboard site;


• The generic feedback on the examination placed on the unit's Blackboard site; and


• The option of private consultation with a member of the teaching team during student consultation.

Self Reflection
You should reflect upon the feedback (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:

• gaps in your knowledge and understanding of the legal principles;


• inadequacies in your problem solving methodology;


• strategies to improve your problem solving, oral and written communication skills in further assessment; and


• areas for improvement for future studies within the LLB.

Assessment name: Examination (Theory)
Description: The examination will be open book (you can take any non-library (QUT or otherwise) paper based material into the examination that you wish). All topics of the unit may be examinable. The exam will assess your understanding of Australian Employment law and your problem solving skills.
Relates to objectives: 1-5
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: See Description

Assessment name: Problem Solving Task
Description: Students will choose to complete this assessment piece as a group or individually
The written memorandum requires you to advise a partner of a law firm on a legal question related to an area of employment law you have covered in lectorials in weeks 1 and 2. The written memorandum assesses your knowledge and understanding of the content covered in weeks 1 and 2, research skills and your ability to communicate in writing in an appropriate style and level.

Word limit: 1500 words
Relates to objectives: 2-5
Weight: 15%
Internal or external: Both
Group or individual: Individual
Due date: Week 4

Assessment name: Critique of News Article
Description: This assessment requires you to select a newspaper article on an area of Australia Employment law, consider the legal issues raised in the article and provide a critique on the article.

You will be able to select from a range of newspaper articles relating to employment law issues will be available on Blackboard from week one.

Word limit: 2000 words
Relates to objectives: 1-5
Weight: 25%
Internal or external: Both
Group or individual: Individual
Due date: Week 7

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
B Creighton & A Stewart, Labour Law (The Federation Press, Sydney: 5th ed 2010).
Recommended References
A Stewart, Stewart's Guide to Employment Law (The Federation Press, Sydney: 3rd ed, 2011).
Blackboard site
Online resources for this unit are available on the unit Blackboard site

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 10-Oct-2012