BL642 EMPLOYMENT LAW 2006

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Title: BL642 EMPLOYMENT LAW 2006

1
BL642 EMPLOYMENT LAW2006

AIMS
To appreciate the various factors and theories
that help us understand the context in which
employment and labour law is developed
To explore the common law and statutory law that
governs the employment relationship
To appreciate the ways in which managers can use
the law to their advantage and manage risks
To analyse the Workplace Relations Act 1996
(Cth), including the recent Work Choices reforms

2
OBJECTIVES CONTENT

3
LEARNING TASKS TEXT

Tutorial participation 10
Essay 40
Examination (open book) 50
Prescribed Van der Waarden, N. (2004).
Employment Law an outline AND
CCH. (2006). Understanding Work Choices a
practical guide to the new workplace relations
systems
Other useful texts?

4
TOPIC ONEIntroduction to Employment Law

5
Historical Overview

Emphasis changing from social justice to
efficiency and international competitiveness and
flexibility
English origins master and servant
industrial revolution early statutes re working
conditions
Australia as a penal colony all English law
applied gold rushes
1901 Federation - independent nation?
1904 Conciliation Arbitration Act
1920s to 1980s central wage controls
1983-86 Labour Party, centralised but beginning
of international factors Aus floated, Accords

6
Historical overview cont.

1987-90 managed decentralism micro eco
efficiency reforms, 1988 IR Act introduced
certified agreements, National Wage cases
requiring review of Awards, structural issues
1991-96 coordinated flexibility authority of
AIRC reduced but safety net retained, 1993 IR Act
to facilitate EB, ILO standards, certified
non-union agreements Competition Policy reforms
more tariff cuts
1992 the Kennett experiment Vic
1996 Liberal government fragmented
flexibility Workplace Relations Act 1996
AWAs, restricted AIRC role to 20 allowable
matters Karpin Report

7
Historical overview cont.

Further reforms proposed but voted down in Senate
1 July 2005 Federal Govt gained majority in
both Houses set out IR reform agenda
27 March 2006 Work Choices reforms effective
All States and Territories plus unions appealed
to High Court arguing reforms were
unconstitutional heard May 2006 no decision
yet

8
Theoretical underpinnings

Ideological liberalism
Basis of relationship status to contract to
protection back to contract
Perspectives on the employment relationship
unitary cf pluralist cf Marxism cf systems
Contemporary perspectives feminism post
modernism Fordism and post-Fordism
What is and what should be the role of law?

9
Sources of Employment Law