LAWS5298 Human Capital

6 points
Not available in 2020UWA (Perth)Face to face
This unit is designed to equip students with a working knowledge of the different facets of workplace relations law in Western Australia and Australia more broadly. This unit provides a practical understanding of employment law, industrial and workplace relations law and occupational health and safety with a main focus on the application of the Fair Work Act 2009 (Cth) (Fair Work Act) in Western Australia.

The unit is based upon one ongoing factual scenario where a client has asked for advice on different aspects of their business so that it can clearly demonstrate to students how these issues practically arise on a day-to-day basis.
Students are able to (1) demonstrate an advanced understanding of (a) the key principles for the engagement of employees under the Fair Work Act and the common law; (b) the rights and duties of employees and employers during workplace investigations and performance management; (c) the key principles in relation to discrimination, unfair dismissal and general protections; (d) the process by which employers, employees and industrial organisations bargain for an enterprise agreement; and (e) occupational health and safety in the workplace; (2) identify and critique (a) the strategic options available for employers to engage a workforce in the federal system; and (b) the role of industrial action during bargaining and the limits placed on it by the Fair Work Act; (3) critically read and evaluate workplace relations and safety law problems and provide a practical and commercial solution in advice form by demonstrating (a) interpretation and application of fundamental and relevant legal principles and reasoning; and (b) analyse and apply relevant cases and secondary materials; (4) provide strategic and thoughtful application of legal principles in both written and oral formats; and (5) contribute in a meaningful manner to class discussions in both tutorials and lectures.
Indicative assessments in this unit are as follows: (1) class participation; (2) unfair dismissal assessment; and (3) take-home assessment. Further information is available in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s)
Courtney Fiddian, Lauren Fysh and Joanna Vincent
Unit rules
LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
Contact hours
3 hours per week
Due to the interactive nature of this unit it will not be recorded.
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.