BSL202

Workplace Law
TMA2022

Unit Information and learning guide

This information should be read in conjunction with the LMS online learning materials
which can be accessed from your MyUnits page.

Unit coordinator
Beatrice Hamilton
School of Law

© Published by Murdoch University, Perth, Western Australia, April 2022.

This publication is copyright. Except as permitted by the Copyright Act no part of it may in
any form or by any electronic, mechanical, photocopying, recording or any other means be
reproduced, stored in a retrieval system or be broadcast or transmitted without the prior writ-
ten permission of the publisher.
Contents

Unit information
Information about the unit 5
Contact details 6
How to study this unit 7
Resources for the unit 8
Study schedule 9
Assessment 10
Learning guide 12

Appendix
The ‘IRAC’ Approach to Answering Law Problem Questions 24

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Information about the unit

Welcome to BSL202 Workplace Law

Unit description
BSL202 Workplace Law is offered on both local and offshore campuses. The unit is worth
three points and is usually completed as part of a Bachelor of Business by students enrolled
in the Human Resource Management, Management and/or Business Law majors. It is also a
popular elective with students in other disciplines.

The unit examines the legal relationship between an employer and employee in Australia. It
includes both a study of the contractual relationship and of Australian legislation applicable to
the performance of work. Beginning with the individual contract of employment and focusing
on the rights and obligations of employers and employees, the unit proceeds to take an over-
view of federal legislation that has an impact on employment. A particular interest is taken in
minimum employment standards, awards, enterprise agreements, dismissal remedies, indus-
trial action, work health and safety and workers compensation.

Aim of the unit

The broad aim of this unit is to introduce you to the Australian law governing the employment
relationship.

Learning outcomes for the unit

On successful completion of this unit you should be able to:

1. explain the legal nature of employment relationships
2. describe the legal rights and obligations of Australian employers and employees
3. identify legal issues in employment relationships
4. resolve employment related legal issues by using problem solving skills
5. critique the reform of employment law
6. analyse legal issues by reference to contemporary information about employment law.

Graduate attributes developed in the unit

This unit will contribute to the development of the following Graduate Attributes.

· Communication
· Critical and creative thinking
· Social interaction
· Independent and lifelong learning

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 · Social justice
· Interdisciplinarity

Contact details
Unit Coordinator’s contact details

Name: Beatrice Hamilton

Email: [email protected]
Office Hours: TBA
Tel: N/A

Technical help

For technical difficulties with the Learning Management System (LMS) online materi-
als please contact Murdoch Support via the University’s home page.

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How to study this unit
Learning activities

There are seven sessions, as scheduled by your local campus. Most sessions are linked to
pre-workshop and post-workshop learning activities. Readings, videos, and all learning activi-
ties, including recorded lectures, are made available on LMS.

Time commitment

This unit is a 200 level three point unit where you are expected to spend an average of 150
hours over 15 weeks of the teaching period, reading the textbook, participating in lectures
and workshops, completing assessments, and revising the unit content.

The structure of undergraduate degrees at Murdoch University is based on a system of credit

points. The guideline adopted by the University in determining the number of credit points
represented by each unit is that the usual full time student load in a trimester is 12 points. A
three point unit should engage roughly a quarter of a student's available time and effort. A
part time student undertaking fewer units is expected to commit the same number of hours
per unit as a full time student.

See ‘The Credit Point System’, Study at Murdoch: A General Guide, in the Handbook, avail-
able at http://print.handbook.murdoch.edu.au/study/index.php?section=2a_study#credit

Attendance requirements

There is no assessment of attendance in this unit. However, your local campus may set
some attendance requirement. It is to your benefit to attend all classes. Your class lecturer/
workshop leader will be happy to discuss any issues you may wish to raise with them. Please
make sure you have attended classes and read the prescribed readings before asking them
to revise unit content.

Skill building

For Business Law units, in addition to appreciating relevant legal concepts, a student needs
to learn how to approach hypothetical fact questions. The development of problem solving
skills involves practice and this can be achieved through the questions prescribed on LMS
and preparation of answers for these. There are no template answers made available be-
cause there is no single correct answer. Each hypothetical fact question may be approached
logically in a number of ways and at least two different conclusions may be possible.

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Resources for this unit

Essential unit materials

N van der Waarden, EMPLOYMENT LAW: CONCEPTS AND CASES, 4th Edition, Australia:
LexisNexis Butterworths 2018, 9780409344691

Other print references

· A Stewart et al., Creighton and Stewart’s Labour Law, Sydney: Federation Press
2016

· M Pittard & R Naughton, Australian Labour and Employment Law, Sydney: Lexis-
Nexis Butterworths, 2015

· C Sappideen, P O’Grady and J Riley, Macken’s Law of Employment 8th Edition, Syd-
ney: Thomson Reuters 2016

· A Stewart, Stewart’s Guide to Employment Law, 5th Edition, Sydney: Federation

Press 2015

Online & library resources

LMS unit materials and lecture recordings can be accessed online. Readings are available
on LMS and via the library in My Unit Readings.

You are expected to check on LMS for any announcements I may make on a regular
basis including (if you receive Supplementary assessment) after the release of results

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Study schedule

Week Session Topics Assessment

1 1 Introducing employment law

2 What is employment?

3 2 Contract formation and terms

4 Employer duties

5 3 Employee duties

8 Ending the contract

7 4 Statutory job protections

8 The Federal system and em- Assignment

ployment conditions

9 5 Modern awards

10 Enterprise agreements Mid-semester

Test

11 6 Industrial action

Work health and safety

12 7 Review

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Assessment
Assessment for this unit is conducted in accordance with the Assessment Policy.

Schedule of assessment items

Assessment Learning outcomes Description Value Due

Assignment 1,2,3,4,5,6 1600 words extended re- 40% Week 8

sponse

Mid trimester test 1,2,3 Multiple choice 10% Week 10

Final exam 1,2,3,4,6 Extended response and 50% Assessment

possibly short answer / period
mcq

Assessment details

Assignment

A paper of up to 1600 words is to be submitted through the Assessment tool on LMS in

Week 8. The assignment question(s) will be posted on LMS in Week 2. The format to be
used is stated below. Print must be double spaced on a single side of A4 pages. Use of
headings is encouraged. You should answer using the ‘IRAC’ approach to answering law
problem questions (see the final pages of the UILG). Consulting your lecturer/workshop
leader about any queries you have BEFORE the assignment is due is an important part of
preparing your assignment.

Word or PDF files are acceptable. A word count is to be supplied. The word limit is strictly
applied. Any excess words will not be read or assessed. Where you have exceeded the
word limit it may mean you miss out on marks because you have not covered relevant mate-
rial within the word limit.

The assignment will be marked out of 40 and is worth 40% of the final unit grade. The
Chicago or APA style of referencing is preferred. Full case and legislation citation is ex-
pected. See the Library guide on Chicago referencing of legal materials, at http://libguides.-
murdoch.edu.au/Chicago/legal.

Due date extension for the paper is granted at the discretion of the Unit Coordinator and will
be granted only in an unexpected or exceptional circumstances. Late papers which have no

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agreed due date extension will have 10% of the value of the assessment deducted per day of
delay; that is 4 marks per day. Reasons which are insufficient to warrant an extension in-
clude computer failures, work issues and other study commitments.

Mid-trimester test

A multiple choice test will be conducted online in Week 10 (day and times will be announced
on LMS). It will be available in the Assessment tool. Students are allowed 40 minutes to
complete the test. The multiple choice questions will be based on topics up to and including
the Session 4 topic. Each student will have the opportunity to answer 20 questions worth a
half mark each. The test will be marked out of 10 and is worth 10% of the final unit grade.

Final exam

The final examination will be open book. The exam will be of 2 hours duration and held in
the assessment period. Further information on exam format (which may differ from that of
past exams) will be provided in due course. It will be marked out of 50 and is worth 50% of
the final unit grade.

The University requires all students sitting examinations to show photographic identification
at each exam. Students may inspect their marked examination scripts within 14 days of the
posting of results (Degree Regulation 43).

For further information about examinations, refer to http://our.murdoch.edu.au/Student-life/

Get-organised/About-exams/

Determination of the final grade

See Section 11 in the current Assessment Policy regarding grades.

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Learning guide

SESSION 1

TOPIC 1
Introducing employment law

Think about
1. Why do we need workplace law? Discuss areas of work that
you consider should be regulated.
2. Why do we have a variety of sources of workplace law?

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 TOPIC 2
What is employment?

Think about
1. What is the best way to identify an employment relationship?
Discuss the current authoritative common law test.
2. Identify three reasons why an employer needs to categorise
each worker as an employee, or as another type of worker.
3. What is sham contracting?

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 SESSION 2

TOPIC 1
Contract formation and terms

Think about
1. Why are legislated misleading and deceptive conduct prohi-
bitions significant to employment applicants?
2. Discuss the enforceability of employer policies.
3. When are terms implied into employment contracts?

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 TOPIC 2
Employer duties

Think about
1. Why is the employer’s duty to pay contingent on the employee’s
performance of work?
2. Why is there no duty on an employer to provide employees with
work?
3. When is the employer’s duty of care satisfied?

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SESSION 3

TOPIC 1
Employee duties

Think about
1. When is the employee’s duty to obey limited?
2. What is the employee’s duty of faithful service?
3. Why does an employee have to keep the employer’s se-
crets?

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TOPIC 2
Ending the contract

Think about
1. When is summary dismissal lawful?
2. What is constructive dismissal?
3. Why is a fixed term contract not terminable by reasonable
notice?

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 SESSION 4

TOPIC 1
Statutory job protections

Think about
1. How is an unfair dismissal claim different to an unlawful ter-
mination or adverse action claim?
2. What is anti-discrimination law?
3. When is a bullying complaint of interest to the Fair Work
Commission?

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 TOPIC 2
The federal system and
employment conditions

Think about
1. What relevance does the Australian Constitution have for employ-
ment law?
2. Why is the Fair Work Commission unable to enforce its own deci-
sions?
3. Why are the National Employment Standards relevant to most Aus-
tralian employees?

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SESSION 5

TOPIC 1
Modern awards

Think about
1. Why are modern awards not relevant to all Australian employ-
ees?
2. How are modern awards different to those created prior to
2010?
3. Identify three differences between National Employment Stan-
dards and modern awards.
4. Does application of the good faith bargaining standard mean
employers must be party to an enterprise agreement?
5. Why are enterprise agreements subject to a test?
6. What is the effect of approval of an enterprise agreement?
_____________________________________________________________

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TOPIC 2
Enterprise agreements

Think about
1. Does application of the good faith bargaining standard mean
employers must make an enterprise agreement?
2. Why are enterprise agreements subject to a test?
3. What is the effect of approval of an enterprise agreement?
_____________________________________________________________

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 SESSION 6

TOPIC 1
Industrial action

Think about
1. Do Australian workers have a right to strike?
2. What is ‘protected’ action?
3. When are employers able to lawfully take industrial action?
4. When can employers use industrial torts to make claims against
unions instigating industrial action?

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 TOPIC 2
Work health and safety

Think about
1. Does Australia have a national work health and safety regulatory
framework?
2. Who has duties pursuant to work health and safety legislation?
3. What does “reasonably practicable” mean and why is it signifi-
cant?
4. When is an employer responsible for a worker’s injury?

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 SESSION 7
Review

Think about
Check out past exams. Some are available on LMS (but keep in mind
that the format of the coming exam may differ from that of past exams).

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THE ‘IRAC’ APPROACH TO ANSWERING LAW PROBLEM
QUESTIONS
In problem questions you will be given a set of facts and asked to advise one or more parties
on their legal position. The IRAC approach to answering the question is as follows:

1 Identify the legal issue raised by the question

This can be done by the use of headings or by posing a question. For example, is
there a valid contract between A and B?

2 State the relevant legal rule (giving authority, ie case or statute)

This step lays the foundation necessary for you to answer the question you have posed
in step 1. You will set out the relevant law, referring to the section(s) of a statute or the
case(s) which contain the legal rule. (It may not always be sufficient to refer to statute
law alone. You may also need to refer to case law explaining the meaning of the words
or phrases used in the statute)

3 Apply the law to the facts of the question

You have cited certain statute or case law in step 2 for a reason. You have done so
because the facts presented to you in the question have brought to mind the statute or
case. What you must do now is show a link between the facts of the question and that
statute or case law.

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 You need to explain why the legal rule or principle established by the statute or case
law should be applied to the facts of the question (be sure to fully explain your reason-
ing). If referring to statute law, you should explain how each element of the statutory
provision (or section of the statute) has been satisfied. If referring to case law, you
must highlight the similarities between the facts of the precedent case and the facts of
the question. Alternatively, you may wish to highlight one or more important differences
between the precedent case and the facts before you, in order to explain why, on
closer analysis, the legal rule established by that case should not apply on the facts set
out in the question.

4 Come to a conclusion

In this step you should sum up what you have said in steps 2-3, before saying what you
think is the correct answer to the question posed in step 1. (Source: Business Law by A
Ardagh, Butterworths, 2001).

It is likely that before you can answer the general legal issue raised by the question,
you will need to address a number of more specific legal issues. For that reason you
will normally need to go through these steps several times (or more) in the
course of an answer – that is identify a legal issue, set out the relevant law, apply the
law to the facts of the question before concluding on that issue and then going on to
the next issue. In other words, you should not have one section of your answer set-
ting out all the legal issues raised by the question, followed by one section set-
ting out all the relevant law and so on – that will be difficult for the marker to follow
and consequently may lose you marks

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