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LAW7406 - Employment and Industrial Relations Practice


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Module Descriptions


Module 1: Overview

In this Module you will

  • discover the basic conditions of employment, the underlying legislative provisions and available resources
  • learn the distinction between employees and contractors as this has an important bearing on issues of liability, responsibility and minimum terms of employment
  • examine the definitions of "industry", "industrial matter" and "industrial instrument

Module 2: Workplace Agreements and Awards 

In this Module you will 

  • study the industrial framework that governs employees' conditions of employment including the legislative provisions regulating basic conditions of employment
  • examine the role of the Industrial Relations Commission in setting minimum employment conditions
  • consider the use of awards to set minimum standards of employment
  • investigate enterprise agreements that build on awards

Module 3: Unlawful Discrimination and Harassment in the Workplace

In this Module you will 

  • consider what amounts to unlawful discrimination and what constitutes harassment in the workplace
  • investigate forms of discrimination and harassment
  • consider anti-discrimination provisions
  • examine employee protection against harassment
  • discover the employers' obligation to keep a workplace free of discrimination or harassment
  • explore employers' vicarious liability for acts of discrimination and harassment
  • scrutinize remedies and redress for discrimination and harassment.
Although they are separate concepts, unlawful discrimination and harassment often overlap. Unlawful discrimination or harassment come in many guises and are often subtle. Nevertheless, they are illegal and affect not only the employees involved but also possibly the employer.

Module 4: Termination of Employment

In this Module you will 

  • examine the legislative provisions and relevant case law relating to termination of employment
  • learn about procedures to be observed in termination
  • identify remedies and redress in cases of unfair dismissal
  • investigate grievance procedures
  • consider mechanisms for resolution of disputes in the workplace.

Module 5: Legal Representation in Industrial Claims

In this Module you will 

  • consider the basic aspects of representing a client in an industrial dispute
  • examine the possible forum and jurisdiction for the resolution of industrial disputes
  • explore industrial claims in a court or tribunal


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