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Unit of study_

LAWS6816: Labour Law in the Global Economy

Semester 2a, 2023 [Block mode] - Camperdown/Darlington, Sydney

This unit will explore the notion of the global economy, highlighting its impacts on norms, assumptions and ideas we have about the purpose and operation of labour law. Students will be introduced to the architecture of international labour law by an examination of leading organisations such as the International Labour Organisation, the United Nations, the Organisation for Economic Co-operation and Development and others. We will also examine the ways in which the global trading system does (or does not) engage with labour matters, including consideration of bi-lateral and multi-lateral trade agreements. Less traditional regulatory modes such as corporate self-regulation, ethical consumerism, supply chain regulation will also be analysed. The purpose and effectiveness of these institutions and processes will be evaluated through a consideration of a number of thematic issues, including freedom of association and the protection of trade union rights, forced labour including so-called modern slavery, working time issues including working during the pandemic, and informal or non-standard work in the gig economy. We will compare some of the relevant Australian laws with those of other countries in these thematic areas.

Unit details and rules

Unit code LAWS6816
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

LAWS6252 or a law degree and LAWS6071 (MLLR students)

Available to study abroad and exchange students

No

Teaching staff

Coordinator Shae McCrystal, shae.mccrystal@sydney.edu.au
Type Description Weight Due Length
Participation Class participation (10%)
Participation, discussion contribution
10% Ongoing Ongoing
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Participation Class discussion facilitation (15%)
On-call to facilitate/lead class discussion for two sessions
15% Ongoing Each student should select two sessions
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Essay topic proposal (non-graded)
Essay topic must refer to the relevant seminars, class discussions
0% Week 02
Due date: 07 Aug 2023 at 17:00
1 page
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Research Essay (75%)
Research Essay
75% Week 05
Due date: 31 Aug 2023 at 17:00

Closing date: 07 Sep 2023
6000 words / 4 weeks
Outcomes assessed: LO4 LO5

Assessment summary

Class participation (10%): Each student is asked to participate in the classroom discussion.  In each class all students will be expected to participate in discussion. 

Class discussion facilitation (15%) 2 sessions:  Prior to class, each student should select two sessions in which they will be required to take a primary role in leading discussion and analysing the issues. You must notify Prof Douglas Brodie via email on douglas.brodie@sydney.edu.au of the two sessions you have selected before 5:00pm (Sydney, Australia time) on 7th August 2023. Students are expected to be able to articulate a critical understanding and reflective appraisal of the reading related to the discussion topic.

Essay 6000 words exclude all footnotes (75%): Students will be provided with some suggested topics or they may propose their own topic. The suggested topics will be released on the canvas site at 9:00am (Sydney, Australia time) on 3rd August 2023 and due at 5:00pm (Sydney, Australia time) on 31st August 2023. Students must be able to demonstrate a critical awareness and reflective appraisal of the academic literature related to the topic.

Essay topic proposal (1 page) (non-graded):  The essay proposal must be submitted for approval to Prof Douglas Brodie via email on douglas.brodie@sydney.edu.au and uploaded on the canvas site by 5:00pm (Sydney, Australia time) on 7th August 2023. After this date students will only be permitted to select from the list of topics provided. Your essay must refer to the relevant lectures, class discussions and materials covered in this course, and may also include other relevant material if you wish. 

Word limit 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 all footnotes and any bibliography (if required).   

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.   

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.  

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all 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

Work receiving a high distinction grade will generally exhibit the following characteristics:
• 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

Work receiving a distinction grade will generally exhibit the following characteristics:
• 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

Work receiving a credit grade will generally exhibit the following characteristics:
• 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

Work receiving a pass grade will generally exhibit the following characteristics:
• 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

Work may fail for any or all of the following reasons:
• 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. For example, a submission after 5:00pm but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

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
Ongoing 1. Historical Background; 2. The Fissured Workplace; 3. Agency and Labour Hire and 4. Discussion Seminar (6.5 hr) LO1 LO3 LO4 LO5
5. Alternative Models; 6. Statutory and Common Law Responses; 7. Gig Workers and 8. Discussion Seminar (6.5 hr) LO3 LO4
9. Gig Workers and the Judges; 10. Lessons from Tort; 11.Content of the Bargain and 12. Discussion Seminar (6.5 hr) LO2 LO3
13. Selectivity; 14. Reform; 15. Constitutional Questions and 16. Discussion and closing remarks Seminar (6.5 hr) LO4 LO5

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 in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.  

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

Required readings for each session are listed in the lecture schedule and are available in electronic form via the Canvas (LMS) site 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. gain an advanced understanding of the architecture of transnational, regional and international labour, labour regulation, and the strengths and weaknesses of these systems.
  • LO2. gain an advanced understanding of other modes of self-regulation and legal regulation of labour in the global economy and how these relate to the traditional international labour law hierarchy.
  • LO3. gain an advanced understanding of how the many different ways the globalised economy challenges these regulatory structures and systems through the lens of several themes, including trade union rights, modern slavery and forced labour, working patterns (including during the pandemic), and informal work in the home and in the gig economy.
  • LO4. critically evaluate the various forms of labour law considered in this subject and identify possible areas for legal reform.
  • LO5. develop basic research and analytical skills.

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.

New topics of current interest were added.

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.