Studying online (if an online offering is shown below)
There are now 2 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Click on an offering mode for more details.
Unit Overview
- Description
This unit involves an examination of the individual employment relationship between employer and employee. Among the topics given particular attention are the contract of employment and its importance at common law and under statute; rights and duties of the respective parties; remedies for breach of the contract of employment; unfair and unlawful termination of employment under state and federal statutes; infringement of statutory workplace rights; and selected aspects of the systems of regulation under Commonwealth legislation including National Employment Standards, modern awards and enterprise agreements.
- Credit
- 6 points
- Offering
Availability Location Mode Not available in 2025 UWA (Perth) Face to face - Outcomes
Students are able to (1) demonstrate knowledge at an advanced level of (a) the purpose of the laws which govern employment; (b) the common law and statutory laws (both state and federal) which regulate the legal rights and responsibilities of employers and employees; (c) the classification of different forms of work relationships; (2) demonstrate the ability to identify and apply relevant legal rules and principles in circumstances involving (a) the lawful termination of contracts of employment; and (b) the wrongful termination of contracts of employment; (3) understand and apply, at an advanced level, (a) the statutory actions and forms of relief available to employees whose employment has been terminated unfairly; and (b) the statutory actions and forms of relief available to employees whose employment has been terminated for proscribed reasons ('unlawfully') or whose workplace rights have been otherwise infringed; (4) demonstrate (a) the ability to reflect upon and respond to ethical issues arising in the employment context, including unlawful discrimination, bullying and harassment in connection with employment and (b) a developing ability to demonstrate professional judgment; and (5) identify, research, evaluate and synthesise legal problems and conflicts arising in employment law; and recognise and articulate the complex policy issues associated with employment relationships.
- Assessment
Indicative assessments in this unit are as follows: (1) in-class or take home exercise and (2) final examination. Further information is available in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Emeritus Professor William Ford
- Unit rules
- Prerequisites
- )
Enrolment in20820 Juris Doctorand LAWS4109 Legal Theory and Ethics
and LAWS4101 Foundations of Law and Lawyering
and 30 points ( LAWS4102 Criminal Law
, LAWS4103 Contract
, LAWS4106 Torts
, LAWS4108 Foundations of Public Law LAWS5103 Equity and Trusts
or LAWS4110 Interpretation
or Enrolment in20500 Master of Lawsor Enrolment in20320 Graduate Diploma in Lawor Enrolment in20550 Master of Mining and Energy Lawor Enrolment in21560 Master of Legal Practice
- Contact hours
- 3hrs per week with additional seminars.
- Introductory
texts -
Collins, H. Employment Law, 2nd edn: OUP 2010.
Stewart, A. Stewart’s Guide to Employment Law, 7th edn: Federation Press 2021. - Recommended
reference works -
Creighton, W. B. and Stewart, A., et al. Labour Law: an Introduction, 6th edn: Federation Press 2016.
Owens, R. and Riley, J. The Law of Work, 2nd edn: OUP 2012.
Sappideen, C. et al. Macken’s Law of Employment, 9th edn: Lawbook Co. 2022. - Additional
resources and
reading material -
Freedland, M. The Personal Employment Contract: OUP 2006.
Pittard, M. J. and Naughton, R. B. Australian Labour and Employment Law: LexisNexis Butterworths 2014.Floyd, L. et al. Employment, Labour and Industrial Law in Australia: Cambridge UP 2018.
Cases, articles and other monographs as referred to during the unit.
Statutes as referred to during the unit including:
Fair Work Act 2009 (Cth).Industrial Relations Act 1979 (WA) ('IRA 1979').
Minimum Conditions of Employment Act 1993 (WA) ('MCE 1993').
- 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.
- Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
- Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.