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Unit of study_

LAWS6122: Workplace Bargaining

Semester 2, 2022 [Normal evening] - Remote

The unit will explore the workplace bargaining model under the Fair Work Act 2009 (Cth) within the context of models of collective bargaining used in overseas jurisdictions and Australia's international obligations. The unit will look at the history of collective bargaining in Australia before examining the legislative framework of agreement making, including the legal rules applicable to making and approving enterprise agreements. The unit will examine the rules that pertain to the process of negotiating an agreement, including the circumstances when an employer can be required to engage in collective bargaining and the good faith requirements that apply during bargaining. The unit will also consider the rules that regulate industrial conflict including protected industrial action, unprotected industrial action and dispute resolution, before considering the difficulties of engaging in collective negotiations outside of the formal legislative framework.

Unit details and rules

Unit code LAWS6122
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

LAWS6252 and LAWS6071

Available to study abroad and exchange students

No

Teaching staff

Coordinator Shae McCrystal, shae.mccrystal@sydney.edu.au
Type Description Weight Due Length
Assignment [Optional] Law Reform Proposal
Law Reform Proposal
0% STUVAC
Due date: 12 Nov 2022 at 17:00

Closing date: 18 Nov 2022
6500 words / 39 days
Outcomes assessed: LO1 LO3 LO2
Assignment [Optional] Law Reform Proposal
Law Reform Proposal
0% STUVAC
Due date: 12 Nov 2022 at 17:00

Closing date: 18 Sep 2022
8000 words / 39 days
Outcomes assessed: LO1 LO3 LO2
Assignment [Optional] Research Essay
Research Essay
0% STUVAC
Due date: 12 Nov 2022 at 17:00

Closing date: 18 Nov 2022
6500 words / 39 days
Outcomes assessed: LO1 LO3 LO2
Assignment [Optional] Research Essay
Research Essay
0% STUVAC
Due date: 12 Nov 2022 at 17:00

Closing date: 18 Nov 2022
8000 words / 39 days
Outcomes assessed: LO1 LO3 LO2
Assignment [Optional] Legal Bulletin
Legal Bulletin
0% Week 06
Due date: 05 Sep 2022 at 17:00

Closing date: 07 Sep 2022
1500 words
Outcomes assessed: LO1 LO3 LO2
Assignment Law Reform Proposal outline
Outline for Law Reform Proposal
0% Week 09
Due date: 04 Oct 2022 at 17:00

Closing date: 06 Oct 2022
2 pages
Outcomes assessed: LO1 LO3 LO2
Assignment Research essay outline
Outline for Research essay
0% Week 09
Due date: 04 Oct 2022 at 17:00

Closing date: 06 Oct 2022
2 pages
Outcomes assessed: LO1 LO3 LO2

Assessment summary

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 a 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 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.

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.

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.

WK Topic Learning activity Learning outcomes
Week 02 8 August 2022: Session One – Voluntary Collective Bargaining and International Law – Theoretical and International Frameworks Seminar (2.5 hr) LO1 LO2 LO3
Week 03 15 August 2022: Session Two – Historical Development of Collective Bargaining in Australia and Outline of the FW Act Model of Enterprise Bargaining Seminar (2.5 hr) LO1 LO2 LO3
Week 04 22 August 2022: Session Three – The Mechanics of Agreement Making Seminar (2.5 hr) LO1 LO2 LO3
Week 05 29 August 2022: Sessions Four – The Mechanics of Agreement Making Seminar (2.5 hr) LO1 LO2 LO3
Week 06 5 September 2022: Session Five – Recognition, Good Faith Bargaining and Representation Seminar (2.5 hr) LO1 LO2 LO3
Week 07 12 September 2022: Session Six - Recognition, Good Faith Bargaining and Representation (Continued) Seminar (2.5 hr) LO1 LO2 LO3
Week 08 19 September 2022: Session Seven and Eight – Essay Topic Development; Protected Industrial Action Seminar (2.5 hr) LO1 LO2 LO3
Week 10 10 October 2022: Session Eight and Nine – Protected Industrial Action; Unprotected Industrial Action Seminar (2.5 hr) LO1 LO2 LO3
Week 11 17 October 2022: Session Ten – Enforcement Issues Seminar (2.5 hr) LO1 LO2 LO3
Week 12 24 October 2022: Session Eleven – Competition Law and Collective Bargaining / Review Seminar (2.5 hr) LO1 LO2 LO3

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 requirements may be satisfied by online attendance as specified by the Unit Coordinator. 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 essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; 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, although you should confirm this with your lecturer, 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

The prescribed readings for the unit may be accessed via Canvas under ‘Reading List’.

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.

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

  • LO1. to develop a comprehensive understanding of the law of workplace bargaining in Australia under the Fair Work Act 2009
  • LO2. to undertake a detailed research project on workplace bargaining, developing research, analytical and writing skills
  • LO3. develop a critical perspective on the regulation of workplace bargaining and engage with alternative perspectives on workplace bargaining, including the approaches taken by the International Labour Organisation to the principles of freedom of association, and the approach taken in competition regulation.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

No changes have been made since this unit was last offered’.

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.