Overview

This unit enables students to gain an understanding of the legal framework in which the employment relationship operates from the perspective of employers and employees. Detailed attention will be given to contracts of employment, Awards, the National Employment Standards and Workplace Agreements. The unit also explores discrimination at work, workplace safety, and entitlements such as long service leave and superannuation.

Requisites

Prerequisites
LAW30005 Law of Employment

150 credit points

Teaching Periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 2
Location
Hawthorn
Start and end dates
29-July-2024
27-October-2024
Last self-enrolment date
11-August-2024
Census date
31-August-2024
Last withdraw without fail date
13-September-2024
Results released date
03-December-2024

Learning outcomes

Students who successfully complete this unit will be able to:

  • Demonstrate a sound knowledge of how employment law is made, whom it affects, what duties are imposed and how those duties can be enforced
  • Explain the law that relates to the common law contract of employment and the legislative impact of modern awards and enterprise agreements
  • Explain the responsibilities of employers and employees with respect to workplace rights and responsibilities

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class		2.00 12 weeks 24
Online
Lecture		1.00 12 weeks 12
Unspecified Activities
Independent Learning		9.50 12 weeks 114
TOTAL150

Assessment

Type Task Weighting ULO's
Assignment 1Individual 10 - 20% 1,2 
Assignment 2Individual 30 - 40% 1,2,3 
Case AnalysisIndividual 40 - 60% 1,2,3 

Content

  • An introduction to the Australian legal system and the law of employment
  • The coverage and development of Employment laws in Australia
  • Types of employment and how that compares to an independent contract arrangement
  • Special types of employment
  • How an employment relationship is created and the terms of employment contracts including employee and employer duties, rights and obligations
  • The relevance of Modern Awards, the National Employment Standards (NES) Workplace Agreements
  • Dispute resolution and enforcement of employment conditions
  • Remuneration, working hours and leave
  • Discrimination and victimisation in the workplace
  • Workplace safety issues
  • Termination of employment contracts and remedies for wrongful, unfair and unlawful termination of employment
  • A brief introduction to industrial action

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.