Labour Law - Lecture 1 Quiz
29 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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.

commodity

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.

<p>False (B)</p> Signup and view all the answers

What is the significance of the 'National Employment Standards' (NES) in the Australian labor law system?

<p>The NES provides a set of minimum employment conditions that apply to all employees, regardless of industry or agreement.</p> Signup and view all the answers

Match the following terms with their descriptions in the context of Australian labour law:

<p>Industrial Award = A set of minimum terms and conditions of employment specific to an industry or occupation, set by the Fair Work Commission. Enterprise Agreement = A collective agreement made at the level of an individual business or workplace, typically negotiated between the employer and employees (often with union representation). Fair Work Act = The primary piece of legislation governing employment relations in Australia, establishing the legal framework for workplace rights and responsibilities. National Employment Standards (NES) = A set of minimum employment standards that apply to all employees in Australia, regardless of their industry or occupation.</p> Signup and view all the answers

Which of the following is a key characteristic of the Australian labor system?

<p>A tradition of state intervention to ensure fair working conditions and resolve disputes. (B)</p> Signup and view all the answers

Under the Fair Work Act, employers are legally required to allow employees to unionize.

<p>True (A)</p> Signup and view all the answers

What is the historical significance of the master and servant law in the context of labor relations?

<p>It reflects a time when employment was seen as a personal relationship with unequal power dynamics, where the master had significant control over the servant.</p> Signup and view all the answers

'[Blank]' involves setting minimum wages and working conditions for different levels within a specific sector.

<p>Industry Awards</p> Signup and view all the answers

Which of the following best describes the concept of ‘wage theft’?

<p>The act of an employer failing to pay an employee their due wages or entitlements. (A)</p> Signup and view all the answers

Australia is one of the few western countries that offers legal protection against unfair dismissal.

<p>True (A)</p> Signup and view all the answers

Before the 1980s, the protectionist approach in Australian economics led to:

<p>Tariff walls designed to promote local industry. (B)</p> Signup and view all the answers

Associate the labor concept with its matching political party that tends to favor it:

<p>Trade Unions = Labour Party Business Interests = Liberal National Party</p> Signup and view all the answers

Historically in Australia, what has been the role of state intervention in labour law?

<p>To correct the inequality of bargaining power between employee and employer, protecting public interests.</p> Signup and view all the answers

Before globalisation, the key aspect of labour economics in Australia was ___________, leading to federally legislated labour laws.

<p>state intervention</p> Signup and view all the answers

Which of the following is true regarding zero-hour contracts:

<p>They are known as casual employment in some nations. (C)</p> Signup and view all the answers

Prior to marriage being less common, government policy encouraged women to resign when married.

<p>True (A)</p> Signup and view all the answers

What is a current challenge facing labour law regarding 'The Gig Economy?'

<p>Defining if participants are employees or contractors.</p> Signup and view all the answers

The Commonwealth Court of Conciliation and Arbitration sought to emulate the power of an ___________ to ensure fairness and equality.

<p>empire</p> Signup and view all the answers

Why did Australia get rid of tariffs?

<p>The effects of globalisation. (C)</p> Signup and view all the answers

In Australia it is currently unlawful to display religion at work, assuming a person is employed.

<p>False (B)</p> Signup and view all the answers

What is an express purpose of contract law?

<p>To ensure an agreement remains genuine.</p> Signup and view all the answers

Associate the following with either high or low union participation as of 2024:

<p>Private Sector = Low Union Participation Public Sector = High Union Participation</p> Signup and view all the answers

The power of large labour unions is balanced by their role as __________ to employers.

<p>partners</p> Signup and view all the answers

Who was Justice Henry Higgins?

<p>Advocate for labour related interventions. (D)</p> Signup and view all the answers

Name one thing that does not fall under the Fair Work Act?

<p>Public holidays</p> Signup and view all the answers

As to that which concerns corporations, the High Court has deemed that _____________ can be used to create private labour rules.

<p>the corporation's power</p> Signup and view all the answers

What percentage of workers are currently on enterprise agreements?

<p>15% (D)</p> Signup and view all the answers

Flashcards

Labour Law

A sub-discipline of law that focuses on employment law and the Fair Work Act.

Constitutional underpinnings

Constitutional ideas that affect modern Labour Law and are important in understanding the historical context.

Industrial Relations Commission

A form of dispute amongst employees and employers, where a third party helps find resolution.

Fair Work Act

The latest manifestation of legislation governing labour law.

Signup and view all the flashcards

National Minimum Wage

The national standard for wages and the minimum an employee can make.

Signup and view all the flashcards

Casual Loading

A payment of 25% on top of base rate awarded to a worker and can be traded off.

Signup and view all the flashcards

The Award Safety Net

Minimum set of pay rate related conditions.

Signup and view all the flashcards

The F Words

The idea of balancing different interest within our society.

Signup and view all the flashcards

Protective Tradition

A principle where the law intervenes in labour to avoid a pure marketplace.

Signup and view all the flashcards

Counterbalance the imbalance

A situation where trade unions build to counterbalance power imbalance.

Signup and view all the flashcards

Political landscape

Covers the election processes and which party has the power.

Signup and view all the flashcards

Lectures in Labour Law

Guiding the readings and providing the basis or "skeleton" of the course.

Signup and view all the flashcards

Fairness

Working Australians +International Labour Obligations + Safety Net.

Signup and view all the flashcards

New terms

A new area of law that you encounter.

Signup and view all the flashcards

Industry based awards

Minimum conditions based on industry.

Signup and view all the flashcards

Industrial Organizations

Trade unions + Associations.

Signup and view all the flashcards

Employment law

Employment is a relationship + focus in aspects.

Signup and view all the flashcards

Workchoices

A anti-union piece of legislation.

Signup and view all the flashcards

Fair Labor Rights Act

Balance the power due to fairness.

Signup and view all the flashcards

Unequality of bargaining power

An element of power or control.

Signup and view all the flashcards

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
  • 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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Description

This is a quiz generated using the transcript from the first labour law lecture.

More Like This

Use Quizgecko on...
Browser
Browser