Labour Law and Relations
Unit outlines will be available through Find a unit outline two weeks before the first day of teaching for 1000-level and 5000-level units, or one week before the first day of teaching for all other units.
Not all units of study listed are offered in a given year. Please refer to the latest Sydney Law School lecture timetable.
Students are advised that given the current pandemic context, it may be necessary, at very short notice, to change unit of study details, including mode of delivery and assessment. Students should check unit of study details provided in the unit outline at the start of each unit of study and continue to check for any changes throughout the semester.
Master of Labour Law and Relations
Exemption from core units of study should not be assumed to be automatic. Formal approval must be obtained from the University of Sydney Law School prior to enrolment
Students must complete 48 credit points, comprising:
(i) 12 credit points of compulsory core units of study and a minimum of 24 credit points of core units of study, for students with a law background; or
(ii) 18 credit points of compulsory core units of study and a minimum of 18 credit points of core units of study, for students without a law background; and
(iii) for all students, a minimum of 24 credit points from the Sydney Law School.
Compulsory Core
Students without a law degree from a common law jurisdiction must undertake LAWS6252 prior to or concurrent to enrolling in other law units.
LAWS6071 Labour Law
Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Intensive May Classes: Intro Class: Mar 24 (6-8) then Apr 9, 10 and May 7, 8 (9-5) Prohibitions: LAWS5146 Assumed knowledge: MLLR students must either have a law degree or completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System (core) as well as this unit before undertaking the labour law elective units Assessment: 1500wd assignment (20%) and assignment (80%) Mode of delivery: Block mode
Note: The unit is compulsory for students enrolled in the MLLR. However, the requirement to take this unit may be waived upon application to the Program Coordinator if the student can demonstrate proficiency in the unit objectives gained through completing a recent undergraduate law unit in labour law or work experience. Credit will not be granted for WORK6116 Employment and the Law and completion of this unit will not be sufficient to obtain an exemption from this MLLR compulsory unit.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The purpose of this unit is to introduce students to the principles of labour law. It is designed specifically for MLLR students who do not have a law degree or for any students with a law degree who have not recently undertaken an undergraduate labour law course. The goal of the unit is to equip students with the fundamental principles of labour law that they will need to undertake more advanced labour law units within the MLLR and LLM Degrees. It provides an introduction to the contract of employment and the relevant principles governing the employment relationship, including termination of employment. It then introduces students to the workplace relations framework including collective bargaining and industrial conflict; the modern role of awards and statutory regulation of wages and conditions.
Textbooks
A Stewart, A Forsyth, M Irving, R Johnstone and S McCrystal, Creighton and Stewart's Labour Law, 6th ed, Federation Press, Sydney, 2016
LAWS6252 Legal Reasoning and the Common Law System
Credit points: 6 Teacher/Coordinator: Ms Jennifer Clarke Session: Intensive April,Intensive September,Session 1 Early Census,Session 2 Early Census Classes: Session 1 Early S1CG (Group A): Feb 22, 23 and 25, 26 (9-5) then Mar 10 (5-7), Intensive April (Group B): Mar 15, 16 and 22, 23 (9-5) then Apr 6 (5-7), Session 2 Early S2CG (Group C): Aug 2, 3 and 5, 6 (9-5) then Aug 18 (5-7) and Intensive September (Group D): Aug 23, 24 and 30, 31 (9-5) then Sep 14 (5-7) Prohibitions: LAWS6881 Assessment: quiz (20%) and assignment (80%) Mode of delivery: Block mode
Note: This unit must be completed prior to commencing other law units of study. Law graduates from a non-common law jurisdiction are recommended to undertake this unit. The unit is not available to students who have acquired an undergraduate law degree from Australia or another common law jurisdiction.
It is important to enrol well in advance of classes in order to complete pre-class readings (normally available to enrolled students 3 weeks prior to the first class). If you are unable to enrol in the unit in Sydney Student https://sydneystudent.sydney.edu.au/sitsvision/wrd/SIW_LGN, please contact law.postgraduate@sydney.edu.au.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Health Law; Master of Labour Law and Relations as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.
WORK6012 Industrial Relations Policy
Credit points: 6 Session: Intensive October Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Block mode
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
The aim of this unit is to provide an understanding of the policy debates in employment relations with an emphasis on laws, institutions and social processes. It combines theoretical and historical understandings of employment relations in Australia with a detailed examination of the current policies and strategies of the key employment relations players and the role of the state. Topics covered include: the regulatory framework, state and federal governments policies, union policy, employer policy, the practices of Australia's industrial tribunals and responses to current challenges, such as the quest for improved productivity and greater flexibility. Overarching themes include individualisation and decentralisation of employment relations policy in Australia and whether there are more suitable alternatives.
Core
LAWS6013 Advanced Employment Law
This unit of study is not available in 2021
Credit points: 6 Teacher/Coordinator: Prof Joellen Riley (Coordinator), Ms Kathryn Peterson Session: Intensive June Classes: May 10, 11 and 24, 25 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: Options: (i) class participation (20%) and 6000wd essay (80%) or (ii) class participation (20%) and 2 x 3000wd problem assignments (40% each) or (iii) class participation (20%) and 3000wd problem assignment (40%) and 3000wd essay (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
This unit of study is designed especially for candidates in the MLLR program. The unit examines the regulation of the individual employment relationship. The unit builds on the introduction to this topic in the foundation LAWS6071 Labour Law unit, by examining in closer detail the formation, construction and interpretation of employment contracts (including incorporation of policies and other documents, and exercise of contractual discretions); duties of employers and employees in contract; termination of employment contracts; and post-employment obligations (including restraints of trade). Students will examine decisions of courts and tribunals in detail.
LAWS6039 Discrimination in the Workplace
This unit of study is not available in 2021
Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Intensive September Classes: Intro Class: Jul 28 (6-8) then Aug 14, 15 & 28, 29 (9-5) Assessment: Three components of assessment and students can choose the weighting. Option 1: class participation (0%), online short-answer quiz (35%) and 5500 wd essay (65%) or Option 2: class participation (15%), online short-answer quiz (25%) and 5500 wd essay (60%) Mode of delivery: Block mode
Note: MLLR students may enrol in this unit before completing LAWS6071 Labour Law, but must have either completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
In this unit we examine the nature of discrimination in the workplace and the legal response to it in Australia. We start by considering the theoretical perspectives on equality that underpin our legislation and ideas about effective regulation. We then examine how anti-discrimination law is applied in respect of a number of different grounds of discrimination - such as sex, race, disability, and family responsibilities - reviewing recent cases and current issues. We will also discuss enforcement mechanisms and processes under anti-discrimination legislation and what, if any, effect the legislation has had on workplace processes and culture. While NSW law will be considered, the focus will be on federal legislation, looking at anti-discrimination laws, anti-discrimination provisions in the Fair Work Act 2009 (Cth), and the Workplace Gender Equality Act 2012 (Cth).
LAWS6096 Work Health and Safety: Law and Policy
Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Intensive October Classes: Sep 10, 11 and 24, 25 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 (MLLR students) Assessment: 4000wd essay (50%) and assignment (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.
LAWS6122 Workplace Bargaining
This unit of study is not available in 2021
Credit points: 6 Teacher/Coordinator: Prof Shae McCrystal Session: Intensive August Classes: Intro Class: Aug 6 (6-8) then Aug 16, 17 and 30, 31 (9-5) Assumed knowledge: LAWS6252 and LAWS6071 Assessment: Option 1: assignment (20%) and 6500wd essay or law reform proposal (80%) or Option 2: 8000wd essay or law reform proposal (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
The unit will explore the workplace bargaining model under the Fair Work Act 2009 (Cth) within the context of models of collective bargaining used in overseas jurisdictions and Australia's international obligations.
The unit will look at the history of collective bargaining in Australia before examining the legislative framework of agreement making, including the legal rules applicable to making and approving enterprise agreements.
The unit will examine the rules that pertain to the process of negotiating an agreement, including the circumstances when an employer can be required to engage in collective bargaining and the good faith requirements that apply during bargaining.
The unit will also consider the rules that regulate industrial conflict including protected industrial action, unprotected industrial action and dispute resolution, before considering the difficulties of engaging in collective negotiations outside of the formal legislative framework.
Textbooks
B Creighton, A Forsyth and S McCrystal (eds), Collective Bargaining Under the Fair Work Act: Evaluating the Australian Experiment in Enterprise Bargaining, Federation Press, 2018.
LAWS6130 Dispute Resolution in Australia
Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin Session: Intensive May Classes: Apr 19, 20 and 23, 24 (9-5) Assessment: problem question (50%) and 3000wd essay (50%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma. Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
The unit is designed to give students a broad understanding of the theory, policy and practice of ADR. It will enable students to understand various alternative dispute resolution processes, their advantages and limitations; understand the application of ADR in particular areas of practice: understand key theoretical debates about mediation; be able to advise others about ADR processes; be better participants in ADR processes; be better able to evaluate the possible applications of various dispute resolution methods. The use of ADR in employment and health care disputes will be considered.
LAWS6195 Immigration and Labour Law
Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Intensive November Classes: Oct 8, 9 and 22, 23 (8-9) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 (MLLR students only) Assessment: class participation (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Immigration and Labour Law is a specialist unit designed to provide candidates with an opportunity to explore in depth a particular facet of immigration law that concerning the admission and treatment of noncitizens on grounds of employment or special skills. The unit is designed to be interdisciplinary in its focus offering insights for both candidates with particular interests in migration law and those with expertise or interests in employment law It examines the economic basis of the skilled component of Australia¿s immigration program exploring the different theories and practical strategies adopted over the years in the selection of skilled migrants. It also looks in some detail at the various components of the skilled migration business skills and temporary skills transfer sub-programs. The unit involves the study of the laws and policies relevant to both the employment of foreign workers in Australia and the employment of Australian workers overseas. The unit covers substantive aspects of migration and labour law in Australia as well as law and policies relevant to the settlement and ongoing employment of foreign workers Included for special study in this regard are the matters of the recognition of overseas qualifications and the taxation superannuation and investment laws applicable to foreign workers. The unit of study is designed to foster the following skills: Skills of statutory interpretation and problem-solving through the study and use in practical situations of the Migration Act 1958 and its associated Regulations Skills of legal analysis and evaluation gained through the examination and synthesis of relevant legislation of court decisions and of rulings by the Migration Review Tribunal and Oral and writing skills through class participation simulation exercises and the preparation of a major research paper.
LAWS6305 Workplace Investigations
Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Intensive November Classes: Intro Class: Sep 27 (6-8) then Oct 15, 16 and Nov 5, 6 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Labour Law (MLLR students) Assessment: class participation (Pass/Fail), assignment (30%) and assignment (70%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as Code of Conduct breaches, fraud/theft, and safety and other breaches. In order to take, and if necessary defend, disciplinary and other action, a proper factual and legal foundation must be established, through a workplace investigation. We also specifically consider how concepts of 'procedural fairness' and 'natural justice' impact a workplace investigation. The unit explores the various stages of a workplace investigation, including: (1) establishing the scope of the investigation and particularizing the alleged complaint or misconduct; (2) conducting interviews and gathering other information; (3) managing participants, including stand down/suspension; (4) evaluating information and making findings applying the relevant standard of proof and legal test(s); and (5) implementing investigation findings.
LAWS6344 Work, Care and Gender
Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Session 1 Early Census Classes: Intro Class: Feb 22 (6-8) then Mar 5, 6 and 19, 20 (9-5) Assumed knowledge: LAWS6252 or a law degree Assessment: class participation (non-weighted), assignment (35%) and 5500wd essay (65%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
In this unit, we examine laws that regulate work-family balance looking at employer duties to provide family-friendly working conditions and employee rights to have caring responsibilities accommodated in the workplace. We look at gender norms about work and care and how law reflects reinforces and sometimes challenges these. The focus is on workplace laws Fair Work Act 2009 Cth anti-discrimination legislation in respect of discrimination on the basis of sex and caring responsibilities and the Workplace Gender Equality Act 2012 Cth. We will however also touch on a range of other laws that regulate work and care including laws governing paid parental leave social security and tax laws including childcare subsidies and family assistance. Comparisons will be made with alternative legal regimes for work and care in other countries such as the United States United Kingdom New Zealand and Sweden.
LAWS6816 Labour Law in the Global Economy
Credit points: 6 Teacher/Coordinator: Dr Jill Murray Session: Intensive September Classes: Intro Class: Jul 27 (6-8) then Aug 13, 14 and 27, 28 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class presentation (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will explore the notion of the global economy, highlighting its impacts on norms, assumptions and ideas we have about the purpose and operation of labour law. Students will be introduced to the architecture of international labour law by an examination of leading organisations such as the International Labour Organisation, the United Nations, the Organisation for Economic Co-operation and Development and others. We will also examine the ways in which the global trading system does (or does not) engage with labour matters, including consideration of bi-lateral and multi-lateral trade agreements. Less traditional regulatory modes such as corporate self-regulation, ethical consumerism, supply chain regulation will also be analysed. The purpose and effectiveness of these institutions and processes will be evaluated through a consideration of a number of thematic issues, including freedom of association and the protection of trade union rights, forced labour including so-called modern slavery, working time issues including working during the pandemic, and informal or non-standard work in the gig economy. We will compare some of the relevant Australian laws with those of other countries in these thematic areas.
LAWS6937 Employment Law Advocacy
Credit points: 6 Teacher/Coordinator: Mr David Chin, Ms Elizabeth Raper Session: Intensive May Classes: Intro Class: Apr 12 (6-8) then Apr 30, May 1 and May 21, 22 (9-5) Assumed knowledge: Available to law graduates only. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator. Assessment: class participation (40%), short tests (20%), problem question and drafting exercise (40%) Mode of delivery: Block mode
Note: Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines key aspects of employment law principles and practice and their application in employment litigation and advocacy. This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB or JD degree and focuses specifically on the principles of employment law within a litigation context.
WORK6018 International Industrial Relations
Credit points: 6 Session: Semester 1 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit provides students with insights into the debate about the effect of globalisation on employment relations by using comparative analysis to identify the range of factors that account for similarities and difference in national patterns of industrial relations. The unit focuses on providing an understanding of the nature of industrial relations patterns in developed and developing market economies and invites students to compare a range of developments across these countries.
Electives
LAWS6161 International Human Rights
Credit points: 6 Teacher/Coordinator: Assoc Prof Jacqueline Mowbray Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: GOVT6117 Assessment: 2000wd assignment (30%) and 5000wd essay (70%) or 7000wd (100%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit introduces students to the principles and practice of international human rights law - a field of public international law and policy of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: what happens when we regard a situation or predicament as one involving a breach of international human rights law - what possibilities and problems does this entail? Addressing this question, students in this unit will examine: (a) forums where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field.
LAWS6182 Independent Research Project A
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Assessment: 15,000 to 20,000wd research project (100%) due on 15 June (Semester 1) or 15 November (Semester 2) of the final semester in which a student is enrolled in the research project Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Applications close on 30 November (Semester 1) and 30 May (Semester 2). Applications should only be lodged after the completion of at least 24 credit points. Late applications may be accepted from those with incomplete results. Students must complete both LAWS6182 and LAWS6183 within one or over two semesters. For further information, please visit https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects#research-projects or contact E: law.postgraduate@sydney.edu.au
The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator.
LAWS6183 Independent Research Project B
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic staff member Session: Semester 1,Semester 2 Assumed knowledge: LAWS6182 Assessment: 15,000 to 20,000wd research project (100%) due on 15 June (Semester 1) or 15 November (Semester 2) of the final semester in which a student is enrolled in the research project Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Applications close on 30 November (Semester 1) and 30 May (Semester 2). Applications should only be lodged after the completion of at least 24 credit points. Late applications may be accepted from those with incomplete results. Students must complete both LAWS6182 and LAWS6183 within one or over two semesters. For further information, please visit https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects#research-projects or contact E: law.postgraduate@sydney.edu.au.
Please refer to LAWS6182 Independent Research Project A.
LAWS6330 Fundamentals of Regulation
This unit of study is not available in 2021
Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Intensive September Classes: Intro Class: Aug 31 (6-8), then Sep 3, 4 & Oct 8, 9 (9-4) Assessment: (i) Compulsory assessments: class participation (10%) and online participation (10%) and (ii) Optional assessments (total 80%). Choose from a combination of the following optional assessments: class presentation (20%), short response question (20%), problem question (40%), 5000wd essay (60%) or 7000wd essay (80%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines regulatory theory and practice within the context of the regulatory state. Growing privatization and corporatization has heightened demand for public regulation of private activities, but also for regulation of the state itself. At the same time, consumers, governments, and civil society place pressure on the private sector to address the social and environmental consequences of its actions through various forms of self-regulation. These trends have produced increasingly complex regulatory systems, and regulation is now a dominant aspect of the legal landscape, at both national and international levels. This unit acts as an introduction to key theories, concepts, and debates within the field of regulatory studies, as well as to the main tools and instruments of regulation. Focusing on social regulation, it uses practical examples to analyze the implementation and enforcement of regulatory regimes in various areas, including public health, workplace health and safety, and environmental protection. It explores corporate responses to regulation, as well as the roles, practices, and accountability of regulatory agencies, and of other actors involved in the administration, monitoring, and enforcement of regulation. The unit will be of interest to lawyers and other professionals engaged in regulatory compliance and enforcement, as well as to students with an interest in regulatory theory and practice more broadly. This unit will provide a gateway for further study in more specialized areas of regulation.
LAWS6810 Fundamentals of Corporate Law
This unit of study is not available in 2021
Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Intensive March Classes: Mar 9-12 (9-4) Prohibitions: LAWS2014 or LAWS5014 or Students who have undertaken the equivalent of Corporations Law in Australia within the last 5 years. Assessment: class participation (10%), class presentation (10%), short essay question (25%) and take-home exam (55%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is designed for those wishing to pursue postgraduate study involving aspects of corporate law, but who lack the required previous exposure to the subject. As our postgraduate units in corporate law (other than this unit and LAWS6319 Fundamentals of the Board and Directors' Duties) are generally specialised and taught at an advanced level, those wishing to enrol in such units but who have not studied corporate law in a law school environment should undertake this unit. The unit focuses on the fundamental principles of law applying to public and proprietary companies. It starts with a brief history of the development of the corporate form and the evolution of Australian corporate law, before examining a range of core topics, such as the nature of corporate personality, the incorporation process, corporate constitution and governance rules, and shareholder rights and remedies. The unit will also include a brief introduction to directors duties, however, students who lack previous exposure to corporate law and wish to examine this topic in greater detail are advised also to enrol in the unit, LAWS6319 Fundamentals of the Board and Directors' Duties. It is recommended that students wishing to undertake further study in the area of shareholder rights enrol in LAWS6957 Shareholders Remedies.
Textbooks
Redmond, Corporations and Financial Markets Law: Commentary and Materials (7th edition, 2017)
LAWS6821 Mediation - Skills and Theory
This unit of study is not available in 2021
Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin, Mr Garth Brown Session: Intensive December Classes: Nov 6, 7 & Dec 4, 5 (9-5) Prohibitions: LAWS6935 Assessment: class and role play participation evidenced by reflective journal (formative assessment) (30%) and 5000wd essay (70%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma. Students enrolling in this unit need to commit themselves to attending all classes. The skills learning takes place in class and skills are built incrementally from the beginning to the end of the unit. Students cannot catch up on elements they have missed by doing reading outside class - they must participate in all scheduled sessions. If students have a problem with attendance, they should postpone enrolling or withdraw well in advance of the first class so their place can be offered to the next student.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
This unit will teach you the fundamental skills and theory of mediation. The skills component of the unit is extensive and is the reason for the limited enrolment. The unit is designed to enable interested students to progress to accreditation as mediators (additional external study with coaching and assessment will be required) and the content of the unit is designed to meet the content requirements of the National Mediator Accreditation System. In particular the content of the subject is designed to explore the competency areas required for accreditation and the knowledge, skills and ethical understanding competency framework set out in the National Mediator Accreditation Standards. However, mediation is not simply a procedural template that can be learned and applied to every dispute with benefit. It raises interesting and complex issues of theory and ethics, which will be integrated with the skills components of the unit. Issues of culture, power, mediator neutrality and ethical dilemmas for the mediator will be considered.
Textbooks
Tania Sourdin, Alternative Dispute Resolution (5th ed) 2016 Thomson Reuters
LAWS6991 Fundamentals of Contract Law
Credit points: 6 Teacher/Coordinator: Ms Anne McNaughton Session: Intensive May Classes: Apr 16, 17 and May 7, 8 (9-5) Corequisites: LAWS6252 Prohibitions: LAWS1002 or LAWS1015 or LAWS2008 or LAWS5002 Assessment: assignment (30%) and final assignment (70%) Mode of delivery: Block mode
Note: This unit is only available to non-law graduates who have not undertaken any previous study of contract law. Students who have previously completed a law degree or studies in contract law are encouraged to enrol in LAWS6328 Contract Management. This unit is also available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units** across postgraduate programs in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies.
** excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the Faculty Handbook.
Textbooks
John Carter, Carter's Guide to Australian Contract Law, 3nd edn, LexisNexis, 2016
Students may enrol in this unit of study before completing LAWS6071 Labour Law.
Electives from the Discipline of Work and Organisational Studies, Business School
WORK6017 Human Resource Strategies
Credit points: 6 Session: Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: WORK5002 or WORK5003 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit examines the theoretical foundations of strategic human resource management and then critically analyses the empirical evidence related to a range of HR strategies deployed in contemporary workplaces, both in Australia and internationally. In doing so, the unit explores the issues underpinning emerging HR strategies, their implementation and the outcomes experienced within the organisation and the wider environment. The HR strategies studied involve those that focus on managing a contemporary workforce and may include human resources strategies associated with: the management of front line workers, teams, non-standard forms of employment, job quality and work-life balance, and gender and diversity at work, for example.
WORK6130 Leadership in Organisations
Credit points: 6 Session: Semester 1a Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prohibitions: ECOF5807 or ECOF6090 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Block mode
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit is designed to encourage students to consider the role and significance of leadership in various organisational contexts. The unit introduces the major streams of leadership theory and traces the development of our understanding about leadership. The unit explores how these theories allow us to understand leadership in practice and in what ways leadership is linked to different aspects of organisational effectiveness. It then examines the 'good, the bad, and the ugly' sides of leadership, e.g. positive forms (transformational, charismatic) and negative forms (narcissistic and Machiavellian). The unit explores leading for diversity and diversity in leadership (e.g. based on gender, culture and ethnicity) and the role of leaders in constituting ethical and socially responsible organisations. The critical role of leaders in effecting organisational change is explored and the leadership of top management teams and leadership succession is examined. The unit also examines leadership development programs and instruments and students have an opportunity to reflect on factors that might influence their own leadership style.
WORK5003 Management and Organisations
Credit points: 6 Session: Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit aims to introduce students to the nature and context of management. It explores the functions and processes of management and encourages students to critically reflect on management theory and practice. It can be taken as a standalone unit for students enrolled in various specialist masters programs and also prepares students for further study in strategic management, organisational analysis and strategy and human resource management.
WORK6118 Managing Communication in Organisations
Credit points: 6 Session: Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prohibitions: ECOF6030 or ECOF6040 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
In this unit, students learn theories of communication and how they apply within organisations, at an organisational, team and individual level. In the unit, we review the concept of communication through different theoretical and philosophical lenses so that students gain an understanding of how different perspectives provide different insights into communication within organisations. The unit also examines communication processes and how communication occurs between individuals and within groups. There is also a focus on communication challenges such as technology, diversity and globalisation. The unit incorporates practical exercises and case studies to enable students to evaluate their own communication practices and to apply the knowledge and understanding they gain from the unit to their own organisations and careers.
WORK6001 Organisational Analysis and Behaviour
Credit points: 6 Session: Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit introduces students to the behaviour of people when acting as members of an organisation. The aim of the unit is to provide an understanding of the processes and structures that influence organisational behaviour, by drawing on ideas from psychology, sociology, management and anthropology. Topics covered include: personality and the self; learning and socialisation; motivation and commitment; group behaviour and dynamics; organisational design and boundaries; organisational culture, change and leadership.
WORK6026 Organisational Change and Development
Credit points: 6 Session: Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit seeks to develop diagnostic and prescriptive skills in relation to the management of organisational change while also encouraging the adoption of a critical perspective of the field. Part 1 (Organisational Change and the Nature of Organisations) introduces the fields of organisational change, explains its relevance to organisation performance and strategy and examines key change management models. Part 2 (Diagnosis and Intervention) examines the utility of key organisational change models and techniques and identifies factors that may impact on the effectiveness of the change management process. Part 3 (Key Areas of Intervention) analyses the application of organisational change practices and initiatives to a number of specific organisational issues.
WORK6033 Organisational Sustainability
This unit of study is not available in 2021
Credit points: 6 Session: Semester 1 Classes: Intensive Prohibitions: ECOF6110 or CLAW6028 Assessment: tests (30%), assignment (30%), final exam (40%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Organisational sustainability is a critical part of contemporary managerial practice, focusing on organisations' economical, social and environmental impact. This unit critically evaluates the intentions, practices and outcomes of organisational sustainability initiatives. By applying relevant theoretical frameworks, students are encouraged to enhance their understanding of the role and responsibilities of management, the impact of organisations on employees, and the wider societal and environmental implications of contemporary organisational trends. With an emphasis on the human dimensions of organisational actions, this unit builds on foundational units of study in Management, Industrial Relations and Human Resource Management.
WORK5002 Foundations of HRM and IR
Credit points: 6 Session: Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
The unit provides an integrated overview of the social, legal, psychological, ethical and strategic dimensions of human resource management (HRM) and industrial relations (IR). The learning content develops broad and deep knowledge in a select number of topical HR and IR issues and links these to a real-world context. As such the unit provides students with the essential preparatory knowledge and skills to build an intellectual foundation for the suite of subsequent core and elective units in HRM and IR available in the program.
WORK6030 Performance and Rewards
Credit points: 6 Session: Semester 1b Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units Mode of delivery: Block mode
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This unit examines the processes and practices associated with contemporary performance and reward management. Results-based, behaviourally-based and competency-based methods of performance management are examined, along with processes of performance review, planning and developing. Coverage of reward management issues includes: job- and person-based approaches to building base pay structures; methods for rewarding individual performance; work group incentives such as gainsharing, goal-sharing and team pay; methods of rewarding employees for organisational performance, including employee share ownership; and performance-related rewards for executives. The unit also examines approaches to developing strategically integrated performance and reward management systems.
WORK6002 Strategic Management
This unit of study is not available in 2021
Credit points: 6 Session: Semester 1a,Semester 2 Classes: Semester 1a: Intensive - TBA; Semester 2: 1 x 3hr seminar/tutorial per week Assessment: seminar-based assessment (20%), case study assessment (40%), final exam (40%) Mode of delivery: Block mode
The aim of this unit is to introduce the concept of strategy and explain its role in the management of organisations. The unit thus traces the development of strategic management as a field and examines different approaches to strategic management. WORK6002 introduces students to the classical strategy process of strategic analysis, strategy formulation and strategy implementation. This involves learning about and working with a range of strategy models and tools that can be used in the strategic management of organisations. In particular, a range of case studies is used to explore the practical application of these tools. The unit also critically examines traditional views of strategy by introducing a range of current debates in the strategy field.
Electives from the Faculty of Arts and Social Sciences
ECOP6015 Global Employment and Migration
This unit of study is not available in 2021
Credit points: 6 Session: Semester 1 Classes: 1x3hr seminar/week Assessment: 1x1250wd short Essay (20%), 5x 250wd diary digests (20%), 1x1000wd Presentation and write-up (20%), 1x2500wd Research essay (40%), Mode of delivery: Normal (lecture/lab/tutorial) day
This unit examines the evolution of international employment opportunities as a feature of the globalisation of economies. Different approaches to the analysis of labour markets provide conceptual frameworks for examining the changing character and structure of global employment and international migration. Case studies examine the effects of state regulatory arrangements and international institutions governing cross-border labour migration and cross-border employment in multinational firms, including professionals, skilled and unskilled workers.
ECOP6101 Core Concepts in Political Economy
Credit points: 6 Teacher/Coordinator: Refer to the unit of study outline https://www.sydney.edu.au/units Session: Semester 1,Semester 2 Classes: 1x2hr seminar/week Assessment: 4x4x500wd seminar papers (40%), 1x4000wd essay (45%), seminar participation (15%) Mode of delivery: Normal (lecture/lab/tutorial) day
The unit explores the core concepts of Political Economy through the lens of the principal schools of economic thought which comprise the social science discipline of economics. The historical origins of each school are identified along with their methodological approaches and analytical tools, policy prescriptions and insights. This examination illuminates the different views about the dynamics of the capitalist economy and lays the foundation for the application of political economic reasoning to a wide range of contemporary issues.