Outline

Overview

This unit will examine the growing use of individual labour and equality rights to protect working people, with the overall aim of assessing the capacity of this type of regulation to enhance justice, both in the workplace and more widely. It will use experience in the UK of a highly individualized workplace rights and enforcement system to identify strengths and weaknesses in this kind of workplace protection. This will involve consideration of EU and European Convention on Human Rights standards, while some comparative readings will also be set and students will be encouraged themselves to bring a comparative dimension to the issues and assignments. Jumping off from the UK experience, the unit will evaluate various strategies for enhancing the protective capacity of individual workplace rights. These include: (1) conceiving of such rights as fundamental human or constitutional rights; (2) imposing positive duties on employers and others to promote and secure observance of individual labour and equality rights; (3) institutional innovation to secure workplace protections, for example via equality and human rights commissions, labour inspectorates, ombudspeople, tax and criminal prosecution authorities; (4) involving third parties in the realization of individual labour standards, for example, NGOs, trade unions, parliamentary and other public inquiries, consumers, campaigners and the press; (5) focussing on employer activities that moderate individual labour and equality standards, like human resources practices, corporate social responsibility regimes and general managerial strategizing. Threaded through the unit will be consideration of different methodological approaches to legal research, with the twin goals of increasing what students take from the materials covered and of improving their legal research and analytical skills, including for use in the final essay. Prof Barmes draws on her extensive previous research in this area and her varied background, for example, in legal practice, conducting research for the Law Commission of England and Wales, as co-editor of the Recent Cases section of the Industrial Law Journal and as co-Director of the QMUL School of Law Centre for Research on Law, Equality and Diversity (LEAD).

Unit details and rules

Unit code	LAWS6022
Academic unit	Law
Credit points	6
Prohibitions ?	None
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Belinda Smith, belinda.smith@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Class Presentation Group presentation	20%	Multiple weeks	10 minutes
Outcomes assessed:
Assignment	Proposal for self-formulated essay topic (Non-graded) Students who choose to formulate their own essay topic	0%	Week 12 Due date: 16 May 2022 at 20:00	200 words
Outcomes assessed:
Assignment	Research Essay Research essay	80%	Week 13 Due date: 29 May 2022 at 20:00 Closing date: 18 Jun 2022	6000 words
Outcomes assessed:
= group assignment ?

Assessment summary

Class presentation (20%)

Each student is asked to present:

Class presentations will take place in dedicated sessions of the duration of 40 minutes each, scheduled in week 5 (21 March 2022), 8 (11 April 2022), 11 (9 May 2022), 12 (16 May 2022). In the first class (28 February 2022), students will be invited to divide into groups of two to four (depending on the size of the class) and choose the topic they wish to present by emailing the lecturer no later than 6 March 2022. To facilitate the assignment of topics, groups will be requested to specify a first choice and a second best. Each group will be asked to prepare a short presentation (10 minutes maximum), accompanied by few slides, which will serve as an introduction to the subsequent debate involving all the class. During the debate the presenters will act as discussion leaders. The other students will be invited to step in, making their comments and/or questions to the presenters, adding new issues to the discussion.

The subjects of the presentations will be:

Trends on the hierarchy of labour law sources: Where is employment Regulation headed to in Australia (and/or in other countries selected by the students)? (Week 5)
Which legislative solution to the issues of ‘Gig-Workers’? (Week 8)
What is the impact of subcontracting on working conditions in Australia? Are recent Australian national and federal policies effectively addressing the issues? (Week 11)
What regulation for wage-setting? (Week 12)

For presentations, the assessment will be based on the following criteria:

Ability to identify the relevant issues
Quality and clarity of the presentation
Ability to answer to the questions raised by the other students and the lecturer
Ability to lead the discussion

Learning outcomes: 1, 2, 3, 4, 5, 7

The outcome of a successful special consideration application is to be determined by the discretion of the lecturer.

Research essay 6000 words (80%)

Students will be encouraged to formulate their own proposals for their essay. In the first class (28 March 2022), students will be provided with a list of possible topics, as well as some guidance on the identification of suitable topics. Self formulated essay topics need to be agreed with the lecturer. Students need to email their proposed essay topic (200 words) to the lecturer by Monday 16 May, otherwise the student will only be permitted to select from the list of topics provided. The research essay must be submitted by 8pm on 29 May 2022.

The purpose of the research essay is to allow students to pursue a chosen area or topic within the unit in more depth. The essay should include references to the content of the lectures and class discussions. The project aims to encourage the development of advanced research and analytical skills. The essay will also give the students the opportunity to explore and critically evaluate, from a comparative perspective, the national regulatory approach to labour law issues, regarded within the broader context of the global economy. Due to the iterative and consultative nature of this written assessment, anonymous marking may not be practical.

Learning outcomes: 1, 2, 3, 4, 5, 6

The outcome of a successful special consideration application prior to the closing date (18 June 2022, 8pm) is an extension. Special consideration after that date leads to an alternative assessment or is to be determined by the lecturer.

Assessment requirement to pass a unit of study: A student must make a genuine attempt at both assessment tasks set out in this Unit of Study in order to obtain a pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 02	Topic 1: Labour law and the global economy. The role played by international and supranational labour law - 28 February	Seminar (2.5 hr)
Week 03	Topic 2: The impact of international and supranational sources on national law - 7 March	Seminar (2.5 hr)
Week 04	Topic 3: The changing relationship between the various national labour law sources - 14 March	Seminar (2.5 hr)
Week 05	Topic 4: The scope of labour law: the dichotomy employee/independent contractors - 21 March	Seminar (2.5 hr)
Week 06	Topic 5: ‘Dependent’ contractors - 28 March	Seminar (2.5 hr)
Week 07	Topic 6 : Work in the gig economy - 4 April	Seminar (2.5 hr)
Week 08	Topic 7: The regulatory challenges posed by labour hire and subcontracting - 11 April	Seminar (2.5 hr)
Week 10	Topic 8: Legislative responses to subcontracting - 2 May	Seminar (2.5 hr)
Week 11	Topic 9: The Law and Economics of minimum wage policies - 9 May	Seminar (2.5 hr)
Week 12	Topic 10: The long-term implications of covid-19 pandemic for labour law and social security. General conclusion to the course - 16 May	Seminar (2.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance is online. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for the Research Essay will:

exclude
- bibliography;
- footnote numbers;
- footnote citation; and
- cover page
and include
- body text;
- headings and sub-headings;
- quotations; and
- anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Required readings for each session is available in electronic form via the Canvas (LMS) under the tab ‘Reading List’.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. gain an advanced understanding of the issues faced by the regulation of work in the global economy in consideration of the role and the hierarchy of the various national, supra-national, international sources of labour law
LO2. identify and attain an advanced understanding of the challenges posed by the changing models of work to the traditional dichotomy between employees and self-employed workers
LO3. gain an advanced understanding of the regulatory approaches to labour hire and subcontracting, for the protection of the workers’ involved
LO4. understand the functions and operating modes of the minimum wage-setting mechanisms in the light of the balance between social needs and economic factors
LO5. acquire the ability to critically evaluate, from a comparative perspective, the different national regulatory approaches to labour law issues
LO6. develop advanced research and analytical skills
LO7. improve the capacity of presenting subject content in an organised and effective manner to a live audience

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

This unit is provided by a new guest international teacher, covering topics of current interest.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6022: International and Comparative Labour Law

Semester 1, 2022 [Normal evening] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect