LAW 7061 - Globalisation & the Legal Regulation of Work (PG)

North Terrace Campus - Trimester 2 - 2018

The course focuses upon the nature of globalisation and its impact in law, especially the law governing work. Students will consider the role of the ILO and the intersection of international trade law and labour regulation. In this context, students will examine the role of human rights and the development of corporate codes of conduct regarding labour matters. Students will also consider themes underpinning debate concerning the scope and application of labour regulation and the new forms of regulation governing work. Topics such as precarious work, migration and labour, child labour, forced labour, equality and freedom of association will be examined.

  • General Course Information
    Course Details
    Course Code LAW 7061
    Course Globalisation & the Legal Regulation of Work (PG)
    Coordinating Unit Adelaide Law School
    Term Trimester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Prerequisites Students without a Bachelor of Laws must have completed LAW 7177
    Course Description The course focuses upon the nature of globalisation and its impact in law, especially the law governing work. Students will consider the role of the ILO and the intersection of international trade law and labour regulation. In this context, students will examine the role of human rights and the development of corporate codes of conduct regarding labour matters. Students will also consider themes underpinning debate concerning the scope and application of labour regulation and the new forms of regulation governing work. Topics such as precarious work, migration and labour, child labour, forced labour, equality and freedom of association will be examined.
    Course Staff

    Course Coordinator: Dr Joanna Howe

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes


    1. Identify and critically analyse historical and global context in which the legal regulation of work was originally established and now operates;
    2. Identify and apply the fundamental principles which underpin the modern law of work at the global level;
    3. Analyse critically those fundamental principles, especially in the light of the different national, social, cultural and economic contexts in which the law of work operates;
    4. Become skilled in the analysis of case law in relation to work issues in a global world;
    5. Become adept in applying and interpreting statutory regulatory regimes (including international conventions) as they apply to work relations in a globalised world;
    6. Research the law as it relates to work relationships in a globalised world.


    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    6
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4-6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    4-6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1-6
  • Learning Resources
    Required Resources

    Required reading:
    Joanna Howe and Rosemary Owens, Temporary Labour Migration in the Global Era, Hart, 2016.

    Preliminary reading:
    In preparing for the course students may find it useful to read the following:
    Rosemary Owens, Jill Murray and Joellen Riley, The Law of Work, 2nd edition, OUP, 2011, Chapter 2,
    and
    ILO, The Rules of the Game, available at http://www.ilo.org/global/publications/WCMS_108393/lang--en/index.htm

    Recommended Resources
    The key reference book examining Australian labour law in a global context is:
    Owens, Rosemary, Riley, Joellen, and Murray, Jill, The Law of Work, Second Edition, Oxford University Press, Melbourne, 2011. See especially Chapter 2.

    Some of the key reference books on labour law in Australia published recently include:
    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.
    (NB: This book is written for non-law students: it provides a readable overview of the law and well suits the needs of MBL students. However, it does not discuss the law in the level of detail required by LLM or MCL students. Online supplements are available at www.federationpress.com.au).


    The following are general reference books examining current or recent issues relating to aspects of globalisation, legal regulation and work:

    Aaron, Benjamin A, and Stone, Katherine VW Rethinking Comparative Labour Law: Bridging the Past and the Future, Labour Law Series 1, Vanderplas Publishing, USA, 2007.

    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.

    Bachelet, Michelle, Report of the Advisory group chaired by Michelle Bachelet, convened by the ILO with the collaboration of the WHO, Social Protection Floor for a Fair and Inclusive Globalisation, (International Labour Office, Geneva, 2011)

    Bamber, Greg, Landsbury, Greg, and Wailes, Nick, International and Comparative Employment Relations: Globalisation and Change, 5th Edition, (Allen & Unwin, Crows Nest, NSW, 2011)

    Bercusson, Brian, and Estlund, Cynthia (eds) Regulating Labour in the Wake of Globalisation: New Challenges and New Institutions (Columbia-London Law Series, Hart Publishing, Oxford and Portland Oregon, 2008).

    Blanpain, Roger et al, The Global Workplace: International and Comparative Employment Law: Cases and Materials (Cambridge University Press, Cambridge and New York, 2007)

    Braithwaite, John, and Drahos, Peter, Global Business Regulation (Cambridge University Press, Cambridge, 2000).

    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 Challenges Palgrave Macmillan, Geneva, 2009.

    Collins, Hugh, Employment Law (Oxford University Press, Oxford, 2003)

    Collins, Hugh, Davies, Paul, and Rideout, Roger (eds) Legal Regulation of the Employment Relation (Kluwer Law International, London, 2000).

    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.

    Craig, John D and S Michael Lynk (eds) Globalization and the Future of Labour Law Cambridge University Press, Cambridge UK, 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.

    Deakin, Simon and Wilkinson, Frank, Law of the Labour Market: Industrialization, Employment and Legal Evolution (Oxford University Press, Oxford, 2005).

    De Geest, Gerrit, Siegers, Jacques, van den Burgh, Roger (eds) Law and Economics and the Labour Market (Edward Elgar Publishing Limited, Cheltenham UK, 1999).

    Forsyth, Anthony and Stewart, Andrew (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy, Federation Press, Sydney, 2009.

    Fredman, Sandra, Human Rights Transformed: Positive Rights and Positive Duties (Oxford University Press, Oxford, 2008)

    Freedland, Mark The Personal Employment Contract (OUP, Oxford and New York, 2003).

    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.

    Hayter, Susan (ed), The Role of Collective Bargaining in the Global Economy: Negotiating for Social Justice (Edward Elgar Publishing Limited, UK, in association with the International Labour Office, Geneva, 2011)

    Hepple, Bob Labour Laws and Global Trade (Hart Publishing,Oxford and Portland Oregon, 2005).

    Hepple, Sir Bob QC, FBA Rights at Work: Global, European and British Perspectives,The Hamlyn Lectures, Fifty Sixth Series (Thomson, Sweet and Maxwell, London, 2005)

    ILO, General Survey on Fundamental Principles and Rights at Work, International Labour Conference, 101st session, 2012, available to be accessed on the website of the ILO: www.ilo.org

    Kaufmann, Christine Globalisation and Labour Rights: The Conflict Between Core Labour Rights and International Economic Law Studies in International Trade Law (Hart Publishing, Oxford and Portland Oregon, 2007).

    Lee, Sangheon and McCann, Deidre Regulating for Decent Work: New Directions in Labour Market Regulation (Advances in Labour Studies, Palgrave Macmillan, UK, and International Labour Office, Geneva, 2011)

    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.

    Murray, Jill (ed), Work, Family and the Law, 23 Special Edition of Law in Context vol 23(1), Federation Press, Sydney, 2005.

    O’Brien, Robert et al, Contesting Global Governance: Multilateral Economic Institutions and Global Social Movements (Cambridge Studies in International relations, Cambridge University Press, Cambridge, 2000)

    Papadakis, Konstantinos (ed), Shaping Global Industrial Relations: The Impact of International Framework Agreements (Advances in Labour Studies, Palgrave Macmillan, UK, and International Labour Office, Geneva, 2011)

    Riley, Joellen Employee Protection at Common Law Federation Press, Sydney, 2005

    Teklè, Tzehainesh (ed), Labour Law and Worker Protection in Developing Countries, (Hart Publishing, Oxford and Portland Oregon, and International Labour Office, Geneva, 2010)

    Specialist Journals and Publications:

    The following journals held in the library are also very useful (many of these journals are also available online- and easily accessible from the Library catalogue):

    Australian Journal of Labour Law;

    Bulletin of Comparative Labour Relations;

    Canadian Labour and Employment Law Journal;

    Comparative Labor Law and Policy Journal;

    Industrial Law Journal (UK);

    International Journal of Comparative Labour Law and Industrial Relations; and

    International Labour Review

    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 and Labour and Industry have many interesting articles about work-related issues in Australia.

    In addition the following Australian journals can be useful for contextual information even though they are not specialist law journals:

    The Australian Bulletin of Labour

    The Australian Economic Review

    The Economic and Labour Relations Review

    The Journal of Australian Political Economy

    Most of these resources are available electronically through the library catalogue.

    The equivalent journals in other jurisdictions may also be of some assistance

    Internet Resources:
    The Law library provides extensive access to electronic databases. There are many websites carrying information about globalisation, legal regulation and work. The following are some of the more important and useful for students:

    • International Labour Organization: http://www.ilo.org/ 

    • WorldLII data base on Industrial Relations and Labour Law: http://www.worldlii.org/catalog/2410.html

    • Globalisation and Labour Standards: http://www.laborstandards.org/ 

    Important information in relation to law and work in Australia can be found on the websites of government and regulatory institutions such as:

    • Fair Work Australia: www.fwc.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 

    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 

    Online Learning

    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and 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.

  • Learning & Teaching Activities
    Learning & Teaching Modes
    Classes
    This course is taught in intensive mode on four days.
    Each day there will be a morning and afternoon class session of 3 hours (with a short break in the middle of each session)
    The classes will comprise a mixture of the provision of material in lecture style and seminar discussion. The lecture material 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. It will also focus attention on particularly important aspects of globalisation, the law and other regulatory developments.
    The lecture material will highlight and further elucidate some of the key elements examined in the course, but its content will be designed on the assumption that students will do extended reading in order to complete matters of detail.
    The classes will also provide a forum for interaction and discussion between the lecturer and students around specified questions. Before attending classes, students should work through, and prepare answers to, the questions issued before each class. The questions will assist students to structure their learning, and so they are expected to prepare for class in a systematic and serious way: reading relevant materials and, most importantly, thinking about the questions and issues to be addressed in class. The class discussion will provide an opportunity for students to test their understanding of the work that they have completed prior to class, to apply their knowledge to new situations and to extend their knowledge further.
    Active participation in classes is an important component of learning in this course. The communication skills developed by actively participating in discussions are considered to be most important by Adelaide Law School and are highly regarded by employers and professional bodies.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.


    There is 24 hours of formal class time.

    In addition, the University expects full-time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.
    Learning Activities Summary

    Class Topic

    Day 1 #1 Globalisation and the Legal Regulation of Work
    Day 1 #2 The ILO in the Global Era: Fundamental Principles and Rights at Work
    Day 1 #3 Private Regulation: Free Trade Agreements

    Day 2 #4 Migrant Labour and Decent Work
    Day 2 #5 Migrant Labour: Industry Case Studies
    Day 2 #8 Migrant Labour Country Case Studies

    Day 3 #9 Child Labour
    Day 3 #10 The Informal Economy: including Domestic Work and International Internships/Trainees
    Day 3 #11 Posted Workers

    Day 4 # Student presentations
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Task Task Type Reedeemable Due Weighting Learning Outcome
    Oral presentation Summative No

    15 June

    30% 1,2,3
    Research essay Summative No 31 July, 2pm 70% 1-6
    Assessment Detail

    Oral Presentation
    On the first day of teaching, students will be allocated topics for the oral presentation. The oral presentation will be for 20 minutes and will involve critically engaging with the topic. The presentation will occur on the final teaching day of the course.

    Research essay
    The research essay topics will be distributed to students on the final day of teaching of the course. The research essay will require extended reading on the topic, critical analysis and engagement with the legal issues raised by the question. The research essay will have a limit of 5000 words.
    Submission

    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted electronically through Turnitin. 

    Details for electronic submission through Turnitin will be provided with the assignment instructions.

    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.

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    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.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    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.

    The centre offers 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.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia 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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

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