Course co-ordinator: Dr Joanna Howe
Adelaide Law School
Room 312, Ligertwood Building
Phone: 8313 0878
Email:Joanna.howe@adelaide.edu.au

This course will be taught in an intensive format from 10am-4pm on 13, 14, 15 January and 20, 21 and 22 January.

The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/search.asp

2.1 COURSE LEARNING OBJECTIVES

1. Knowledge and Understanding
The world of work is one that is constantly undergoing rapid change. The boundaries of the ‘The Law of Work’ are therefore also constantly changing. The teaching and learning program thus aims to assist students to acquire a deep understanding of the basic principles of the subject and, thereby, to equip them with the skills that will provide a sound basis for life-long learning and practice in this area of law.
In particular, this course aims to enable students:
a) to understand the historical context in which the legal regulation of work in Australian was established and operates;
b) to identify and understand the fundamental principles which underpin the modern law of work;
c) to analyse critically those fundamental principles, especially in the light of the social, cultural and economic contexts in which the Australian law of work operates;
d) to become skilled in the analysis of case law in relation to work issues;
e) to become adept in understanding and interpreting complex and large statutory regulatory regimes in the Australian federal context as exemplified through their application to work relations;
f) to research the law as it relates to work relationships;
g) to present argument, both orally and in writing, in relation to the law of work; and
h) to develop the skills to apply legal principles in hypothetical problems regarding work.

2. Communication Skills
The continuing development of good inter-personal and communication skills is widely recognised as important for all graduates. This course specifically seeks to develop students’ abilities:
a) to listen to the contributions of others in the course regarding the law of work and respond respectfully;
b) to be aware that everyone has a right to contribute and to accord them the space to do so; and
c) to develop and present convincing argument, both orally and in writing, in relation to the law of work.

3. LLB Graduate Attributes
Students who successfully complete The Law of Work will satisfy the following LLB graduate attributes:

3.1 Knowledge
a) A law graduate from the Law School at the University of Adelaide will have a clear and detailed knowledge and understanding of the basic principles of the Australian legal system, including the separation of powers, the role of courts, the legislative process, and the role and control of the executive, as exemplified through the Law of Work.
b) The law graduate will also have knowledge and understanding of the development of law and legal principle within the subject area of The Law of Work, such as to maintain appropriate familiarity with, and a capability to access the content of, legal principle in this area.

3.2 Intellectual and Social Capabilities
a) A law graduate will have the cognitive skills to analyse, evaluate and synthesise information from a wide variety of sources and experiences so as to identify and address as appropriate legal and related issues.
b) A law graduate will have an awareness and appreciation of the incompleteness of law and the continuous state of development of legal principle in response to social and technical change, and a capacity to respond to such change and assist such development as appropriate.
c) A law graduate will have critical thinking and problem solving skills.
d) A law graduate will have oral and written communication skills of a high order.
e) A law graduate will have skills to work both independently and cooperatively, in a professional environment.
f) A law graduate will have the capacity and commitment to learn and maintain intellectual curiosity, and to engage in life-long personal and professional learning.

3.3 Attitudes and Values
a) A law graduate will have a commitment to the rule of law.
b) A law graduate will have an understanding of social and cultural diversity, and sensitivity of the operation of the law and legal structures in that context

3.1 REQUIRED RESOURCES

Commonwealth Legislation
Fair Work Act 2009 (Cth)
Fair Work Regulations 2009 (Cth)
As part of this course, all students will need to have access to, and to read, the relevant sections of the Fair Work Act 2009 (Cth) and the accompanying Regulations.

Commonwealth legislation is available on the internet (www.comlaw.gov.au), however its size and complexity mean that many students may ultimately find it easiest if they have a hard copy of the relevant parts of the legislation. For those who do decide to buy it, copies of legislation can be purchased from Service SA Government Legislation Outlet, EDS Centre, North Terrace, Adelaide (opposite the Adelaide Convention Centre). (tel: 13 23 24). An alternative (but more expensive) option is to purchase the latest edition of the CCH Fair Work Act 2009 (Cth) with Regulations and Rules available through CCH and bookshops. However, the course co-ordinator will discuss the best ways to access this legislation in the first lecture. Therefore, it is recommended that students do NOT purchase legislation before the commencement of classes.
There will also be reference to other statutes in this course, including:

Commonwealth Legislation
Age Discrimination Act 2004 (Cth)
Disability Discrimination Act 1992 (Cth)
Equal Opportunity for Women in the Workplace Act 1999 (Cth)
Australian Human Rights Act 1986 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Independent Contractors Act 2006 (Cth)

State Legislation
Fair Work Act 1994 (SA)
Equal Opportunity Act 1984 (SA)
Long Service Leave Act 1987 (SA)
Occupational Health, Safety and Welfare Act 1986 (SA)
Public Sector Management Act 1995 (SA)
Workers Rehabilitation and Compensation Act 1986 (SA)

While students will need to read some sections of the above listed legislation, these Acts need not be purchased and can be accessed from the internet as necessary.
Commonwealth legislation is available at www.comlaw.gov.au. 
State legislation can be accessed at http://www.legislation.sa.gov.au/index.aspx. 

TEXT BOOK
Owens, Rosemary, Riley, Joellen and Murray, Jill, The Law of Work, Second Edition, Oxford University Press, Melbourne, 2011.

Some of the key Australian reference books recently published in this area of law are:
Creighton, Breen and Stewart, Andrew, Labour Law, Fifth Edition, Federation Press, Sydney, 2010.
Pittard, Marilyn J and Naughton, Richard, Australian Labour Law: Text, Cases and Commentary, Fifth Edition, Lexis Nexis Butterworths Australia 2010.
Sappideen, Carolyn, O’Grady, Paul, Riley, Joellen, and Warburton, Geoff with Kate Eastman Macken’s Law of Employment, Seventh Edition, Lawbook Co, Sydney, 2011.
Stewart, Andrew, Stewart’s Guide to Employment Law, Fourth Edition, Federation Press, Sydney, 2013.

The following are more general reference books examining current or recent issues relating to the law of work:
Arup, Chris et al (eds), Labour Law and Labour Market Regulation: Essays on the Construction and Regulation of Labour Markets and Work Relationships, Federation Press, Sydney, 2006.
Bromberg, Mordy and Irving (eds), Australian Charter of Employment Rights, Australian Institute of Employment Rights, Hardie Grant, 2007.
Bronstein, Arturo, International and Comparative Labour Law: Current ChallengesPalgrave Macmillan, Geneva, 2009.
Conaghan, Joanne; Fischl, Richard Michael; and Klare, Karl (eds), Labour Law in an Era of Globalisation: Transformative Practices and Possibilities, Oxford University Press, Oxford, 2002.
Conaghan, Joanne and Rittich, Kerry (eds), Labour Law, Work, and Family: Critical and Comparative Perspectives Oxford University Press, Oxford and New York, 2005.
Colvin, John HC, Watson, Graeme, and Ogilvie, Nicholas, An Introduction to the Industrial Relations Reforms LexisNexis Butterworths Australia, 2006.
Davidov, Guy and Langille, Brian (eds), Boundaries and Frontiers of Labour Law: Goals and Means in the Regulation of Work, Hart Publishing, Oxford and Portland Oregon, 2006.
Davidov, Guy and Langille, Brian (eds), The Idea of Labour Law, Oxford University Press, Oxford and New York, 2011.
Forsyth, Anthony et al, Transition to Forward with Fairness: Labor’s Reform Agenda, Federation Press, Sydney, 2008.
Forsyth, Anthony and Stewart, Andrew (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy, Federation Press, Sydney, 2009.
Forsyth, Anthony et al, Navigating the Fair Work Laws, Thomson Reuters, Australia, 2010.
Fudge, Judy and Owens, Rosemary (eds), Precarious Work, Women, and the New Economy: The Challenge to Legal Norms Hart Publishing, Oxford and Portland Oregon, 2006.
House of Representatives Standing Committee on Employment and Workplace Relations, The Parliament of the Commonwealth of Australia, Making It Fair: Pay equity and associated issues related to increasing female participation in the workforce, Canberra, November 2009.
McCrystal, Shae, The Right to Strike in Australia, Federation Press, Sydney, 2010.
Mitchell, Richard (ed), Redefining Labour Law: New Perspectives on the Future of Teaching and Research Centre for Employment and Labour Relations Law, The University of Melbourne, Occasional Monograph Series, No 3, Melbourne, 1995.
McCarthy, Erin, Jenkin, and Stewart, Andrew Parental Leave: A User-friendly Guide, Lawbook C, Australia, 2011.
Murray, Jill (ed), Work, Family and the Law, 23 Special Edition of Law in Contextvol 23(1), Federation Press, Sydney, 2005.
Riley, Joellen Employee Protection at Common Law Federation Press, Sydney, 2005.
Riley, Joellen, Independent Work Contracts, Thomson Legal and Regulatory, Pyrmont, 2007.
Riley, Joellen and Peterson, Kathryn, Work Choices: A Guide to the 2005 ChangesThomson Legal and Regulatory Limited, Australia, 2006.
Teicher, J, Lambert, R and O'Rourke, A (eds), WorkChoices: The New Industrial Relations Agenda, Pearson Education Australia, Sydney, 2006.

Specialist Journals and Publications:
The Australian Journal of Labour Law is the leading Australian law journal dealing with the law that is examined in this course. It is an excellent reference resource for students.
While not specialist law journals, both the Journal of Industrial Relations andLabour and Industry have many interesting articles about work-related issues in Australia.

Some other useful resources include:
CCH, Australian Labour Law Reporter
The Australian Bulletin of Labour
The Australian Economic Review
The Economic and Labour Relations Review
The Journal of Australian Political Economy
Industrial Law Journal (UK)
Most of these resources are available electronically through the library catalogue.


Internet Resources:
There are many websites carrying information about the law of work. The following are some of the more important and useful for students.

Important information can be found on the websites of government and regulatory institutions such as:
Fair Work Australia (newly named Fair Work Commission): www.fwa.gov.au 
Fair Work Ombudsman: www.fairwork.gov.au 
Department of Education, Employment and Workplace Relations: www.deewr.gov.au    
Australian Human Rights Commission: www.humanrights.gov.au 
Equal Opportunity Commission (SA): www.eoc.sa.gov.au 
SafeWorkSA: www.safework.sa.gov.au 

The website of the International Labour Organisation provides a wealth of information relating to the international regulation of work: www.ilo.org 

Information is also available from various Australian business, trade union and other NGO websites. See for example:
Australian Institute of Employment Rights: www.aierights.com.au 
Australian Council of Trade Unions: www.actu.asn.au 
Australian Industry Group: www.aigroup.asn.au 
Australian Chamber of Commerce: www.acci.asn.au 
Business Council of Australia: www.bca.com.au

MyUni will be used to post announcements, post additional lecture materials (including slides and, where available, audio recordings of lectures (students are encouraged to attend lecture classes as the availability of recordings cannot always be relied upon). MyUni will also be used to announce assignment tasks. It will also contain electronic copies of the course profile, lecture and seminar guides, and course materials.

Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course

Lectures

This intensive will be taught through lectures and through in-lecture small groups. Each day of the course will begin with a two hour lecture from 10am-12pm in Engineering South S111. Some additional lectures will also be available through MyUni.

It is expected that students will have listened to these additional lectures before coming to class each day. The lectures will provide an overview of the topics to be examined in this course.

The lectures will provide the background context to, and an overview of, the subject matter of the various topics in the course and will elucidate some of the connecting themes between these topics; the lectures will also focus on particularly important cases and other developments (eg, statutory and international) in the law of work.

While the lectures will highlight and further elucidate some of the key elements set out in the textbook for the course (Rosemary Owens, Joellen Riley, and Jill Murray The Law of Work (Second Edition, OUP, 2011), the content of lectures will be designed on the assumption that students will read the text book and any highlighted legislation and cases in order to complete matters of detail. Students are required to attend all lectures.

Attendance will be recorded for each day of the intensive. The lectures will also provide a forum for interaction and discussion between the lecturer and students. Recordings of lectures will be available via MyUni.

In-Lecture Small Groups

On the first day of the course, students will be split into small groups. The in-lecture small groups will occur each day of the course from 1pm-4pm in Ligertwood 113 and/or the Moot Court. Throughout the course, these small groups will be used to facilitate discussion and answer problem questions. As such, before attending lectures, students are required to work through, and prepare answers to, the questions issued for each small group discussion.

The small group discussion questions will assist students to structure their learning, and so they are expected to prepare for lectures in a systematic and serious way: reading relevant statutes, judgments and other texts and, most importantly, thinking about the questions and issues to be addressed in the small group.

The small groups in this course will provide an opportunity for students to test their understanding of the work that they have completed prior to the seminar, to apply their knowledge to new situations and to extend their knowledge further. Small groups are an important component of learning in this course.

The communication skills developed in small groups by regularly and actively participating in discussions are considered to be most important by Adelaide Law School and are highly regarded by employers and professional bodies. One of the primary tasks of the small groups will be to focus upon analysing problem questions.

These questions will focus on practical examples relating to the law of work and are aimed to prepare students for practice in the field of employment law. Students are not permitted to swap small groups.

If an emergency should arise whereby a student cannot be a part of a particular small group, the student should consult with the course coordinator. However, students should be aware that any request to move to a different small group may not be able to be accommodated.

Contact time: attend 6 days x 6 hour lectures (=36 hours). This amounts to 36 hours of formal class time across the semester.
Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for class, and to complete course assignments. The University expects full-time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

	Lecture and Small Groups
Day 1	Introduction; & Globalisation, Work and Law
Day 1	The Australian Regulatory Framework
Day 2	The Subject of the Law of Work – Who is an Employee?
Day 3	Work Relations & the Limits of Contract
Day 3	Rights & Responsibilities under the Contract of Employment
Day 4	Work Standards –Legislative Safety Net & Awards
Day 4	General Protections & Equality at Work
Day 5	Bargaining at Work
Day 5	General Protections, Freedom of Association and Industrial Action
Day 6	Security at Work
Day 6	Dispute Resolution & Enforcement
Day 6	Revision

Assessment item	% of final mark	Due date	Group or individual assessment	Redeemable	Learning objectives
Case Note	30%	2.00pm 4 February 2015	Individual	No	1(a)-(g)
Research Essay	70%	2.00pm on 29th February 2015	Individual	No	1(a)-(g), and also 1(f)

All assessment is summative. All assessment is compulsory.

Supplementary Assessment.

Supplementary Essay - 100%

Where a student fails the course but qualifies for supplementary assessment, they will be required to submit a new Supplementary Essay on a new topic provided by the course co-ordinator. This Supplementary Essay topic will cover a wide range of material examined in the course.

The supplementary essay question will be posted on MyUni the day after results are notified to students and will be due for submission 2 weeks from that date.

All other requirements for the Supplementary Essay will be the same as for the primary Research Essay, however the Supplementary Essay will count for 100%.

 

There are no other requirements additional to those identified elsewhere in this document.

Case Note Topics:

Students must prepare a case note according to a topic provided by the course co-ordinator. The course co-ordinator will distribute the topic at the end of the first week of the course Due Date The case note is due by 2.00pm on 4th February 2015. There will be a penalty for the late submission of case notes of 10% per day or part day.

In case notes students are expected to show evidence of an independent capacity to research a legal issue – that is, they must show evidence of research that goes beyond materials discussed or references provided in classes. In presenting case notes care should be taken to reference in footnotes any work that is quoted or otherwise derived from other sources. Footnotes will not be included in the word limit, provided they contain only references and not substantive material.

Case notes must be accompanied by a full bibliography. The bibliography is not included in the word limit. Citation and referencing The case note must comply with The Australian Guide to Legal Citation (3rd edition) ‘AGLC3’. AGLC3 is available for purchase from bookshops or may be accessed at http://mulr.law.unimelb.edu.au/go/aglc

The following learning objectives identified above are tested by this component of the assessment scheme: 1(a)-(g), with emphasis on particular objectives depending on the nature of the question addressed in the research essay. The research essay should enable students to demonstrate their capacity to fulfil the learning objective outlined in 1(f) more fully than other elements of the assessment scheme. Grade Descriptors for the case note:



AND Research Essay – 70%

Topics: Students must present a research essay on one of the topics provided by the course co-ordinator. The course co-ordinator will distribute topics on the last day of the course.

Due Date The research essay is due by 2.00pm on 29th February 2015. There will be a penalty for the late submission of essays of 10% per day or part day.

In research essays students are expected to show evidence of an independent capacity to research a legal issue – that is, they must show evidence of research that goes beyond materials discussed or references provided in classes. In presenting research essays care should be taken to reference in footnotes any work that is quoted or otherwise derived from other sources. Footnotes will not be included in the word limit, provided they contain only references and not substantive material. Essays must be accompanied by a full bibliography. The bibliography is not included in the word limit.

Citation and referencing: The research essay must comply with The Australian Guide to Legal Citation (3rd edition) ‘AGLC3’. AGLC3 is available for purchase from bookshops or may be accessed at http://mulr.law.unimelb.edu.au/go/aglc

The following learning objectives identified above are tested by this component of the assessment scheme: 1(a)-(g), with emphasis on particular objectives depending on the nature of the question addressed in the research essay. The research essay should enable students to demonstrate their capacity to fulfil the learning objective outlined in 1(f) more fully than other elements of the assessment scheme.

All essays in this course (that is, both the Short Essay and the Research Essay) are to be submitted electronically through Turnitin. Details for the electronic submission of Turnitin will be provided with instructions for the essays.

All Essays should be double-spaced and have margins wide enough to allow for comments and feedback by the examiner.

All Seminar Papers and Research Essays must be attached to a signed Assignment Cover Sheet. Examiners will withhold a student’s results until such time as the student has signed the Assignment Cover Sheet. Examiners can refuse to accept assignments that do not have a signed acknowledgement of the University’s policy on academic honesty/plagiarism (refer to policy below). Students must also include on the coversheet an accurate statement as to word length of their Short Essay and Research Essay.

Extensions: Requests for extensions must be made electronically according to Law School policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays, or sporting engagements are not unexpected circumstances.

Penalties:

1. Late Submission:
5% of the total mark possible will be deducted for every 24 hours or part thereof that submission is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An assignment that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

2. Word Length:
Assignments which exceed the allocated length (word length ) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 1,250, an essay graded 63% will have 5% deducted if it is 1,251 words long, for a final grade of 58%, 10% if it is 1,351 words long, etc). Words are calculated including all footnotes and headings within the text but
excluding cover page information. Quotations and all referencing information
are included in the word count.

3. Failure to lodge a hard copy with a Turnitin receipt will mean that your assignment has not been validly submitted and a special penalty
of 5% may be applied.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

Lex Salus Program

Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

Counselling Service

The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/. 

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

Plagiarism and other forms of cheating

Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.