| Semester 2, 2020 Online | |
| Short Description: | Employment Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090913 - Legal Practice |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: LAW1101 or LAW1500 or ((LAW2202 or LAW1123 or LAW5602 or LAW5123) and (LAW2204 or LAW1124 or LAW5604 or LAW5124))
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Synopsis
The course provides a general introduction to many aspects of workplace law. Students will broadly examine the law relating to the employer/employee relationship, including: (i) the purposes of regulation of employment and industrial relations; (ii) statutory regulation of the employment relationship and the bodies which regulate employment in Australia; (iii) categorising work relationships and recognising differences between an employment relationship and other types of work arrangements; (iv) basic employee entitlements and terms and conditions of employment; (v) sources of employment obligations - contracts, workplace agreements, statute and awards; (vi) collective bargaining and industrial action; (vii) enforcement of employment obligations; (viii) management of the employment relationship including performance management, disciplinary process, and controls on employment; (ix) workplace health and safety; (x) termination of employment, risks and remedies for termination; and (xi) workplace rights (including general protections). In addition to content, the course is designed to provide students with a practical, hands-on approach to various issues arising out of the employment relationship through a range of problem-solving exercises.
Objectives
By the end of this course, students should:
- have the ability to provide an overview and identify key parts of the current regulatory regime for employment in Australia, including key regulatory bodies and their functions;
- demonstrate an ability to identify and distinguish a contract of employment from other forms of work arrangements;
- demonstrate an understanding of the different categories of employment;
- understand the law regarding minimum employee entitlements and demonstrate an ability to identify and explain where these entitlements are derived from;
- be able to appreciate and explain the contrast and interaction between award-based, statute-based, and contract/agreement-based terms and conditions of employment;
- understand and explain basic concepts of collective bargaining and industrial action;
- demonstrate an ability to identify (in a hypothetical scenario) the ways in which minimum employee entitlements may be protected and enforced;
- demonstrate an ability to understand and explain controls on employment and the obligations of employees and employers in the employment relationship;
- apply learned theory to practical scenarios regarding performance management and disciplinary process in the employment context;
- demonstrate an ability to understand and explain the law regulating workplace health and safety;
- understand and explain the regulation of termination of employment and demonstrate and ability to suggest practical solutions in relation to the termination of the employment relationship;
- demonstrate problem-solving skills by identifying and explaining the risks associated with performance management and termination of employment;
- demonstrate analytical and problem-solving skills in identifying workplace rights and applying knowledge to a factual scenario;
- apply logical and analytical argument, in written or oral form, to hypothetical factual scenarios across relevant modules, provide appropriate advice and prepare the necessary documents relevant to the problem at hand.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Introduction to employment law | 12.50 |
| 2. | Coverage and institutions | 12.50 |
| 3. | The employment relationship | 12.50 |
| 4. | Sources and enforcement of employment obligations | 12.50 |
| 5. | Employee management, control and performance | 12.50 |
| 6. | Workplace health and safety | 12.50 |
| 7. | Termination of employment | 12.50 |
| 8. | Workplace rights and general protections | 12.50 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=02&subject1=LAW3442)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Stewart, A, 'Stewart's guide to employment law', The Federation Press, Annandale, New South Wales (latest edition).
Reference materials
Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Pittard, M & Naughton, R 2015, Australian labour and employment law, LexisNexis Butterworths, Chatswood, New South Wales.
(latest edition.)
(latest edition.)
Australian Industrial Relations Commission at .
Fair Work Australia at .
Fair Work Ombudsman at .
Legislation/Case Law, AUSTLII: for Commonwealth and State legislation at .
Queensland Industrial Relations Commission at .
Student workload expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed 精东传媒app | 74.00 |
| Private 精东传媒app | 51.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ASSIGNMENT | 40 | 40 | 07 Sep 2020 | |
| ONLINE EXAM | 60 | 60 | End S2 | (see note 1) |
Notes
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via 精东传媒appDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.
Important assessment information
-
Attendance requirements:
Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
Due to COVID-19 the requirements for S2 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S2, 2020:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
Due to COVID-19 the requirements for S2 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S2, 2020:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure (point 4.4.2). -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
Due to COVID-19 the requirements for S2 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.
Requirements after S2, 2020:
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S2 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S2, 2020:
Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
精东传媒app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene 精东传媒app policies and practices. These policies can be found at .
Assessment notes
-
Referencing in assignments:
Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .