標題： 澳大利勞動法課程考試
發布日期： 2010-3-31 19:34:39
dissertation語種： English
國家： Australia
專業范圍： 澳大利亞dissertation
dissertation用途： take home exam
截稿日期： 2010-6-19
字數要求：
學校背景：澳大利亞墨爾本理工大學

澳洲勞動法課程take home exam
NB. Do Questions 1, 2 and 3 (Questions 2 and 3 contain a choice)
Question 1 – Maximum 1000 words
All students must attempt this question – the question has two parts. Both parts must be attempted.
Part A
Identify  and describe a  key recent development in the common law relating to express terms in an employment contract. Explain the potential impact of the development on employers.
Part B
Identify and describe a key recent development in the common law relating to an implied duty that employers have under an employment contract. In your answer outline the history of the development of the implied duty and explain the potential impact of the term on employers.

Question 2 – Maximum 700 words
Imagine you are an HR practitioner or a workplace relations lawyer and your supervisor has asked you to draft a summary of one of the Fair Work Australia decisions mentioned below. The decisions are examples of recent developments in the law about industrial action under the Fair Work Act 2009. Write a summary of  one of the decisions including your assessment of the relevance of the decision for employers who wish to prevent industrial action from being taken during the negotiations for an enterprise agreement.
• University of South Australia v National Tertiary Education Union [2009] FWA 1535 – an application to suspend or terminate protected industrial action under s 424 of the Fair Work Act 2009;
• Secretary, Department of Education and Early Childhood Development (Victoria) v Australian Education Union [2010] FWA 3775 – an application for a s 418 order  to stop industrial action by employees or employers.
You will be able to download the decisions from the website for Fair Work Australia at www.fwa.gov.au.  Search for the decision by name or by case number eg FWA 3775.

Question 3 – Maximum 700 words
Imagine you are an HR practitioner or a workplace relations lawyer and your supervisor has asked you to draft a summary of one of the decisions of the Full Bench of Fair Work Australia mentioned below.  The decisions provide examples of recent developments in enterprise bargaining law. Write a summary of one of the decisions including your assessment the effect the decision might have on how an employer should undertake enterprise bargaining.Custom Thesis，Custom Dissertation，請聯系QQ：949925041 #p#分頁標題#e#
• Liquor, Hospitality and Miscellaneous Union v Coca Cola Amatil (Australia) Pty Ltd [2009] FWAFB 668 – appeal about an application for a majority support determination
• Construction, Forestry, Mining, Energy Union- Mining and Energy Division v Tahmoor Coal Pty Ltd [2010] FWAFB 3510  – appeal about an application for a good faith bargaining order.
You will be able to download the decisions from the website for Fair Work Australia at www.fwa.gov.au.  Search for the decision by name or by case number eg. [2009] FWAFB 668.

NB. Do either Question 4 or Question 5
Question 4 – Maximum 1000 words
Identify the entitlements under the National Employment Standards that could be relied upon by an employee to better accommodate the employee’s family responsibilities. Explain how those entitlements could be relied upon to do so. To what extent could the entitlements be relied upon by casual employees? Also to what extent are the entitlements under the NES more beneficial to employees than the prohibitions against discrimination on grounds of family responsibilities in the Fair Work Act 2009 and other discrimination legislation?

Question 5 – Maximum 1000 words
Part 3-1 of the Fair Work Act 2009 sets out protections for employees. Pretend you are an HR practitioner or a workplace relations lawyer working for or advising a client employer. Draft a summary of Part 3-1 with the purpose of informing the employer what the employer’s obligations are under Part 3-1 and recommending how best the employer could avoid penalties or other sanctions under the Part.

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