Podcast
Questions and Answers
Which factor significantly contributes to the complexity of modern employment law?
Which factor significantly contributes to the complexity of modern employment law?
- Increased global competition and pressure to lower labor costs.
- A shift from centralized industrial relations to enterprise-level bargaining.
- The expansion of the gig economy and the rise of non-traditional employment arrangements. (correct)
- The decline in trade union influence, resulting in less collective representation.
The concept that 'labor is not a ______' challenges the notion of treating work solely as a market transaction.
The concept that 'labor is not a ______' challenges the notion of treating work solely as a market transaction.
commodity
What is the general function of the Fair Work Ombudsman?
What is the general function of the Fair Work Ombudsman?
- To set minimum wages and working conditions for all industries.
- To represent workers in collective bargaining negotiations.
- To oversee and enforce workplace health and safety standards.
- To provide advice and assistance to employers and employees, and to investigate workplace complaints. (correct)
The Australian Constitution explicitly defines and protects the right to strike.
The Australian Constitution explicitly defines and protects the right to strike.
What is the significance of the 'National Employment Standards' (NES) in the Australian labor law system?
What is the significance of the 'National Employment Standards' (NES) in the Australian labor law system?
Match the following terms with their descriptions in the context of Australian labour law:
Match the following terms with their descriptions in the context of Australian labour law:
Which of the following is a key characteristic of the Australian labor system?
Which of the following is a key characteristic of the Australian labor system?
Under the Fair Work Act, employers are legally required to allow employees to unionize.
Under the Fair Work Act, employers are legally required to allow employees to unionize.
What is the historical significance of the master and servant law in the context of labor relations?
What is the historical significance of the master and servant law in the context of labor relations?
'[Blank]' involves setting minimum wages and working conditions for different levels within a specific sector.
'[Blank]' involves setting minimum wages and working conditions for different levels within a specific sector.
Which of the following best describes the concept of ‘wage theft’?
Which of the following best describes the concept of ‘wage theft’?
Australia is one of the few western countries that offers legal protection against unfair dismissal.
Australia is one of the few western countries that offers legal protection against unfair dismissal.
Before the 1980s, the protectionist approach in Australian economics led to:
Before the 1980s, the protectionist approach in Australian economics led to:
Associate the labor concept with its matching political party that tends to favor it:
Associate the labor concept with its matching political party that tends to favor it:
Historically in Australia, what has been the role of state intervention in labour law?
Historically in Australia, what has been the role of state intervention in labour law?
Before globalisation, the key aspect of labour economics in Australia was ___________, leading to federally legislated labour laws.
Before globalisation, the key aspect of labour economics in Australia was ___________, leading to federally legislated labour laws.
Which of the following is true regarding zero-hour contracts:
Which of the following is true regarding zero-hour contracts:
Prior to marriage being less common, government policy encouraged women to resign when married.
Prior to marriage being less common, government policy encouraged women to resign when married.
What is a current challenge facing labour law regarding 'The Gig Economy?'
What is a current challenge facing labour law regarding 'The Gig Economy?'
The Commonwealth Court of Conciliation and Arbitration sought to emulate the power of an ___________ to ensure fairness and equality.
The Commonwealth Court of Conciliation and Arbitration sought to emulate the power of an ___________ to ensure fairness and equality.
Why did Australia get rid of tariffs?
Why did Australia get rid of tariffs?
In Australia it is currently unlawful to display religion at work, assuming a person is employed.
In Australia it is currently unlawful to display religion at work, assuming a person is employed.
What is an express purpose of contract law?
What is an express purpose of contract law?
Associate the following with either high or low union participation as of 2024:
Associate the following with either high or low union participation as of 2024:
The power of large labour unions is balanced by their role as __________ to employers.
The power of large labour unions is balanced by their role as __________ to employers.
Who was Justice Henry Higgins?
Who was Justice Henry Higgins?
Name one thing that does not fall under the Fair Work Act?
Name one thing that does not fall under the Fair Work Act?
As to that which concerns corporations, the High Court has deemed that _____________ can be used to create private labour rules.
As to that which concerns corporations, the High Court has deemed that _____________ can be used to create private labour rules.
What percentage of workers are currently on enterprise agreements?
What percentage of workers are currently on enterprise agreements?
Flashcards
Labour Law
Labour Law
A sub-discipline of law that focuses on employment law and the Fair Work Act.
Constitutional underpinnings
Constitutional underpinnings
Constitutional ideas that affect modern Labour Law and are important in understanding the historical context.
Industrial Relations Commission
Industrial Relations Commission
A form of dispute amongst employees and employers, where a third party helps find resolution.
Fair Work Act
Fair Work Act
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National Minimum Wage
National Minimum Wage
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Casual Loading
Casual Loading
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The Award Safety Net
The Award Safety Net
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The F Words
The F Words
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Protective Tradition
Protective Tradition
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Counterbalance the imbalance
Counterbalance the imbalance
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Political landscape
Political landscape
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Lectures in Labour Law
Lectures in Labour Law
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Fairness
Fairness
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New terms
New terms
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Industry based awards
Industry based awards
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Industrial Organizations
Industrial Organizations
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Employment law
Employment law
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Workchoices
Workchoices
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Fair Labor Rights Act
Fair Labor Rights Act
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Unequality of bargaining power
Unequality of bargaining power
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Study Notes
- Welcome to the first lecture in Labour Law.
- The instructor is the sole teacher.
- Contact hours and course website information can be found online.
Course Structure and Content
- The course includes lectures and tutorials, with study guides available online.
- Slides are uploaded before each lecture.
- Contact hours are on Wednesdays from 1:00 to 2:45 p.m. in room 414.
Course Focus
- Most of the lectures will introduce labour law as a sub-discipline.
- It is as important as criminal/family law.
- The course will focus on employment law and the Fair Work Act, because it is an introductory elective.
- Labor law is not discrete to itself, contract law mixes in.
Expectations and Study Tips
- It's important not to fall behind on concepts.
- Clarification is welcome in lectures, tutorials, or via email without hesitation
- Guest panels occur near the end of the semester.
- The lecture will provide a quick overview of the course.
- The lecture will give mutual expectations.
- The lecture will give tips for approaching study in law.
Key Topics
- Traditions and key historical moments in Australian Labour Law.
- The focus is primarily on employment law and the Fair Work Act of the Commonwealth.
- Also there is an emphasis on individual employment contracts, collective labour relations, and industry awards.
- The structure is for 13 hours total: two hours in the room or online.
- Tutorials begin next week.
- Tutorials are in Even/Odd weeks.
- Finals may be partly open book to accommodate those students that are unable to afford the textbook
- Extracts of the statute will be allowed in the exam.
Assessment
- The assessmsnt is hypothetical.
- The hypothetical assessment will be handed out in a few weeks with plenty of time to complete it, even up to after the break.
- Tutorials will be allocated with enrollment in either even or odd weeks.
- the assessment will be worth 40% of the total grade.
- it will cover the aspects of the formation of employment relationships, individual stuff and the statutory protections for unfair dismissal.
- The student will be able to bring in extracts of the statue to the in person exam on campus.
- In order to prepare for assessments: Use slides/lectures as your skeleton when studying.
Course Exclusions
- The course won't cover anti-discrimination acts, occupational health and safety, workplace health and safety, or worker's compensation.
- In order to learn about discrimination law, contact Professor Paul Harper.
- The lecturers brother gave his first lecturers as a physicist, and is not a particle physicist in France.
- This lecturer is giving lectures on behalf of the doctor or clan.
Course Book
- The textbook is a case of materials book.
- It gives a variety of readings within it in addition to extracts of cases to make it easier to read the primary law and extracts.
- Textbook needed for the course is from LexisNexis and expensive, so the library has been asked to provide electronic copies for sharing.
- Readings will focus on the current textbook rather than older editions; a supplement exists for the old textbook if needed but current developments in High Court and legislative statute will be covered in the textbook itself.
- The new book is $160, and there is a supplement to the old textbook. -Focus will be on the set texbook.
Constitution
- The content that is taught on the constitutional underpinnings will not be made available for examination.
- All underpinnings will provide knowledge on the differences in each state, and how it got there.
- The website needs to be checked weekly for study guides and other things.
- The lecturer will point out sections that have to be known in lectures,
- Students can start to the curate an edited version of the legislation, online either Ausli or the federal, register of legislation.
- He will give you guidance about what really important things to focus on in the chapters.
Note taking
- Students should take lecture notes, preferably by hand, for better processing and understanding.
- Neurologists agree.
- Students can write on a tablet with a pen.
External help
- Reference works include "Labour Law," and Macken's "Law of Employment"
Labour Law
- It means we have to work to pass this course.
- it has tended to tick over the the what is called the bible, and what is called labour is just a latin based word meaning work.
- Many terms over time have been diciplinary names of this field.
- if we were discussing this before the universe, the mid 19 century it would be caled the master and servant law.
New Area of Law
- Most students are unfamiliar with labour law.
- Students with experience in industrial relations will find their experience useful.
- There will be a survey to see how many people have done industrial relations.
- Most students will have paid word.
- The survey will be part of the servey.
- It is normal for students to have one to two casual jobs.
- Many terms to understand:
- Awards are uniques part in australian and new zealand.
- Provide core minimum conditions for that work.
- Industial organizations, unions, employer associations
- Awards are uniques part in australian and new zealand.
- The Fair Work Act started in 2009 as the Manifestation of the legislation that largely governs. FWC Fair Work Commission.
Terminology
- FWA means the Fair Work Act and one is free to write it in the exam.
- FWC means Fair Work Commission.
- Industrial Relation Commissions at at the state and national level.
- Ombudsman is somewhere you can take a complaint to.
- The correct answer the course is called that.
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Description
This is a quiz generated using the transcript from the first labour law lecture.