最新糖心Vlog

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

Professor Andrew Stewart
Adelaide Law School
Room 224
Phone: 8313 34445
Email: Andrew.stewart@adelaide.edu.au

This course will be taught in an intensive format from 10am-4pm on 28, 29, 30 January and 3, 4 and 5 February. There will also be an additional teaching day on 18 February from 10am-4pm which is when the small group oral presentations will be conducted.

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 最新糖心Vlogn 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 最新糖心Vlogn 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 最新糖心Vlogn 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 最新糖心Vlog of Adelaide will have a clear and detailed knowledge and understanding of the basic principles of the 最新糖心Vlogn 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 最新糖心Vlog in that context

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 (), 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)
最新糖心Vlogn 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 . 
State legislation can be accessed at . 

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

Some of the key 最新糖心Vlogn 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, 最新糖心Vlogn Labour Law: Text, Cases and Commentary, Fifth Edition, Lexis Nexis Butterworths 最新糖心Vlog 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, Third Edition, Federation Press, Sydney, 2010.

(NB: There will be a new edition of this book available in early 2013. However, this book is written for non-law students: it provides a readable overview of the law but does not discuss the law in the level of detail required by law students. Online supplements are available at ).


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), 最新糖心Vlogn Charter of Employment Rights, 最新糖心Vlogn Institute of Employment Rights, Hardie Grant, 2007.

Bronstein, Arturo, International and Comparative Labour Law: Current Challenges, Palgrave Macmillan, Geneva, 2009.

Conaghan, Joanne; Fischl, Richard Michael; and Klare, Karl (eds), Labour Law in an Era of Globalisation: Transformative Practices and Possibilities, Oxford 最新糖心Vlog Press, Oxford, 2002.

Conaghan, Joanne and Rittich, Kerry (eds), Labour Law, Work, and Family: Critical and Comparative Perspectives Oxford 最新糖心Vlog Press, Oxford and New York, 2005.

Colvin, John HC, Watson, Graeme, and Ogilvie, Nicholas, An Introduction to the Industrial Relations Reforms LexisNexis Butterworths 最新糖心Vlog, 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 最新糖心Vlog 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, 最新糖心Vlog, 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 最新糖心Vlog, 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 最新糖心Vlog, 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 最新糖心Vlog of Melbourne, Occasional Monograph Series, No 3, Melbourne, 1995.

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 predominantly taught through lectures. The lectures will provide an overview of the topics to be examined in this course. IThe 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 not be available via MyUni.

As there are no seminars for this course, lectures will be interactive. Students will be required to prepare in advance for lectures.

In-Lecture Small Groups

On the first day of the course, students will be split into small groups. Throughout the course, these small groups will be used to facilitate discussion and answer problem questions. These small groups will also be used as part of the first assessment. 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.

The small groups will be also be used as part of the assessment for the course. The oral presentation occurring at a mock hearing of the Senate Legal and Constitutional Affairs Committee will be based upon the small groups established in the first lecture.

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.

 The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
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 最新糖心Vlog 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 最新糖心Vlogn 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
Small Group Oral Presentation	30%	18 February 2014	Group	No	1(a)-(g)
Research Essay	70%	2pm, Tues 11 March 2014**	Individual	No	1(a)-(g), and also 1(f)

 **Please note if you are wanting to Graduate using Law of Work as your final course, you will need to discuss with the Course Coordinator, at the start of the course, the early submission, marking and release of your grade. If you submit your essay at the normal time as above, you WILL NOT be able to graduate.

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.

Small Group Oral Presentation – 30%
Students will be split into groups. Each group will be required to present oral evidence at a mock hearing of the Senate Legal and Constitutional Affairs Committee.
The hearing date is set for 18 February 2014 and will be held in the Moot Court from 10am-4pm.

Each student must present some evidence in the oral hearing, although equal participation in the oral presentation is not a requirement.

Each members of the group will be required to participate equally in the preparation for the oral hearing and must prepare a one page word summary of the submission in the week prior to the hearing. One written submission from each group is required to be emailed to the course coordinator by 5pm, 11 February 2014.

The written submission is to be a maximum of one page.

Groups will be given 30 minutes to make their oral presentation.

In the written submission, footnotes should be used to indicate sources. In citing material in footnotes the referencing system used in The 最新糖心Vlogn Guide to Legal Citation(3rd edition, 2010) (‘AGLC3’) should be followed. AGLC3 is available for purchase from bookshops or may be accessed athttp://mulr.law.unimelb.edu.au/go/aglc.
In assessing the oral presentation the quality of insights and of the understandings of concepts will be of key importance. In general account will be taken of the following factors:
· preparation - evidence of prior reading and understanding of relevant materials, the ability to identify relevant issues and prepare arguments in relation to them; and
· quality of the submission - including evidence of a deep understanding of the conceptual issues, the ability to analyse cases and other materials.

Grade Descriptors for the oral presentation:
A more specific guide to the criteria required for achievement in the various grades, is as follows:
· High Distinction 85-100
Outstanding level of quality work demonstrating a strong understanding of concepts, high level of analysis and strong capacity to identify issues, clear understanding of cases and materials, and evidence of thorough reading of set material.
· Distinction 75-84
Work of a highly developed nature demonstrating clear understanding of concepts, high level of analysis and clear capacity to identify issues, sound understanding of cases and materials, and evidence of sound reading of set material.
· Credit 65-74
Work demonstrating thoughtful approach to materials and clear understanding of concepts, capacity to analyse cases and material and identify issues, and evidence of reading of set material.
· Pass 50-64
Work that is limited but adequate to demonstrate understanding of concepts and capacity to analyse cases and material and identify issues, and evidence of basic reading of set material.
· Fail 0-49
Poor quality work and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse cases and material and identify issues, poor or limited evidence of reading set material.

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 11th March 2014. There will be a penalty for the late submission of essays of 10% per day or part day.

Length
The research essay is to be a maximum of 3,500 words (footnotes and bibliography are not included in the word count but footnotes should not contain substantive material). There will be a penalty of 5% imposed for essays that exceed this word length. THERE IS NO LEEWAY GIVEN IN RELATION TO THE WORD COUNT – MAXIMUM means MAXIMUM.

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 最新糖心Vlogn 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 Research Essay are as follows:
· High Distinction: 85 – 100%
Demonstrates an outstanding level of understanding and presentation and a very strong degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and high level understanding of materials beyond the core texts and cases that are relevant to the essay topic; very strong knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic and the ability to consider issues in the context of the discipline; clear evidence of strong ability to construct a coherent and logical argument based on evidence, and evidence of imagination and flair in so doing; strong evidence of analytical and evaluative skills and ability to apply fundamental concepts; very strong evidence of independent research on the topic; highly developed skills in expression, spelling, grammar and presentation; and complete accuracy in use of correct forms of legal citation.
· Distinction: 75 – 84%
Demonstrates a very high level of understanding and presentation and a strong degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and clear understanding of materials beyond the core texts and cases that are relevant to the essay topic; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic; clear evidence of good ability to construct a coherent and logical argument based on evidence, and evidence of imagination and flair in so doing; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; strong evidence of independent research on the topic; well developed skills in expression, spelling, grammar and presentation; and very high rate of accuracy in use of correct forms of legal citation.
· Credit: 65 – 74%
Demonstrates a high level of understanding and presentation and a degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and clear understanding of the core materials relevant to the essay topic; sound knowledge of principles and concepts; clear evidence of good ability to construct a coherent and logical argument based on evidence; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; clear evidence of independent research on the topic; good skills in expression, spelling, grammar and presentation; and high rate of accuracy in use of correct forms of legal citation.
· Pass: 50 – 64%
Satisfies the minimum in addressing the research question asked; some evidence of basic reading of and reflection on the core materials necessary to understand the essay topic; knowledge of principles and concepts adequate to communicate intelligently in the topic and to serve as a basis for further study; evidence of basic ability to construct a coherent argument; some evidence of analytical and evaluative skills; some evidence of independent research on the topic; adequate skills in expression, spelling, grammar and presentation; and few errors in accuracy in use of correct forms of legal citation.
· Fail: 0 – 49%
Fails to satisfy the minimum requirements and does not answer the research question; very little evidence of having read any of the core materials necessary to understand the essay topic; scant knowledge of principles and concepts; very little evidence of ability to construct a coherent argument; very little evidence of analytical and evaluative skills; no evidence of independent research on the topic; rudimentary skills in expression, spelling, grammar and presentation; and inaccurate use of correct forms of legal citation.

All essays in this course (that is, both the Short Essay and the Research Essay) are to be submitted in hard copy and 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 最新糖心Vlog’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 最新糖心Vlog Policy. Work commitments, travel, holidays, or sporting engagements are not unexpected circumstances.

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 最新糖心Vlog Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 最新糖心Vlog 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/

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 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the 最新糖心Vlog.

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

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.