Master of Employment and Labour Relations Law

This subject investigates the legal regulation of workplace bargaining in Australia. With the requirement that bargaining be conducted in ‘good faith’ under the Fair Work Act 2009 (Cth), this has become one of the most contested areas of federal labour regulation. The subject is informed by the historical, political and economic factors that have shaped the development of the law, as well as relevant international legal principles. While the focus of the subject is on the system regulating workplace bargaining under the Fair Work Act, other relevant areas of law are analysed, including the common law regulation of strikes and industrial action and the contract of employment.

Indicative list of principal topics:

• The historical development of the law relating to workplace bargaining
• Relevant international legal principles and Australia’s obligations in this respect
• The system regulating workplace bargaining under the Fair Work Act 2009 (Cth), including the conduct of bargaining and the taking of protected industrial action, and the role of trade unions
• The form, function and content of registered workplace agreements
• The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
• The ‘general protections’ under the Fair Work Act for freedom of association and the exercise of ‘workplace rights’ in relation to bargaining.

View detailed information in the Handbook

Complaints of bullying, harassment, discrimination and other interpersonal grievances have become commonplace. Employers’ disciplinary decisions in relation to misconduct are also subject to increased scrutiny by courts and tribunals. A fair and thorough workplace investigation provides the foundation for taking, and if necessary defending, disciplinary and other action by an employer in response to any workplace issue. This subject explores the current legal framework applying to workplace investigations in Australia and proposes a structure for conducting investigations to minimise risk.

This subject analyses the current law in Australia governing the investigation of complaints and conduct concerns in the workplace. It also explores various structures for undertaking effective and fair workplace investigations in this rapidly developing area of practice.

Indicative list of principal topics:

• Analysing the legal framework (federal and state) impacting upon workplace investigations in Australia
• Understanding what a workplace investigation is, and distinguishing investigations from other workplace processes
• The basic structure of an investigation
• Identifying the relevant scope of an investigation, including drafting allegations
• Establishing the appropriate foundation for conducting an investigation, including considerations in the selection of the investigator, trauma informed principles of investigation, and work arrangements during the investigation
• Addressing other threshold issues prior to commencing an investigation, including appropriate roles of stakeholders
• Gathering information relevant to the scope of the investigation
• An examination of relevant principles of procedural fairness/natural justice - the bias rule and the hearing rule
• Making findings - evaluating the information gathered; applying the relevant legal tests, burden of proof and standard of proof and assessing credibility
• Applying the findings of an investigation in a disciplinary context, the role of the decision-maker, and implementing and communicating outcomes
• Learnings from overseas jurisdictions and potential for future developments in the field.

View detailed information in the Handbook

Employment contracts have been a major source of litigation in recent years and have also been the subject of a number of very significant cases. Indeed, whilst Australian labour law has become increasingly dominated by statutory provisions, the common law contract of employment continues to provide the fundamental principles that govern the individual employment relationship.

This subject examines the evolving law of employment contracts, and other related kinds of personal work contracts. Drawing on recent cases as well as leading articles by Australian and international scholars, the lectures consider several key questions. These include determining employment status and type; express and implied contract terms and how they are construed; employer and employee duties; non-compete clauses; termination and damages. The subject also looks at the interaction between employment contracts and the Fair Work Act 2009 (Cth). The subject seeks to combine discussions of the practical realities of contracting with a broader analysis of the underlying assumptions in current law.

Indicative list of principal topics:

• The scope of employment regulation: which work relationships are covered?
• The regulation of independent contracting, such as agency relationships
• Determining the type of employment: full time, part time and casual work
• The content of the employment contract: express terms
• The content of the employment contract: implied terms
• Non-compete clauses and restraints of trade
• Variation and flexibility in the employment contract
• Termination and remedies at common law
• The relationship between contracts, awards and agreements

View detailed information in the Handbook

Discrimination and sexual harassment in the workplace represent an overwhelming majority of total complaints made to anti-discrimination authorities. Equality and discrimination at work remain pressing concerns for employees, managers and, more broadly, for society. Achieving equality is elusive and, indeed, the very meaning of equality is highly contested.

This subject explores the legal meanings of equality, with a focus on the frameworks through which Australian parliaments have sought to address inequality, discrimination and harassment. It examines federal and state laws that deal with discrimination, including the four federal laws, the Equal Opportunity Act 2010 (Vic) and the adverse action provisions in the Fair Work Act 2009 (Cth). Consideration is given to discrimination based on race, sex, disability, age and pregnancy and family responsibilities. The lecturers in this subject combine many years of academic scholarship in this area, engagement in law reform debates and practical client-focused legal advice

This subject provides an examination of the development and current scope of Australian equality and discrimination law, as relevant in employment and work relationships. It will focus on federal and Victorian jurisdictions.

Indicative list of principal topics:

• A study of the framework and key features of federal and state legislative provisions dealing with equality and discrimination in the employment context, including the Equal Opportunity Act 2010 (Vic), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth)
• An examination of the general protection provisions in the Fair Work Act 2009 (Cth), including redress for certain types of adverse action
• Debates regarding the meaning of equality, discrimination and other contested concepts such as choice, especially as choice relates to carer responsibilities
• The Charter of Human Rights and Responsibilities Act 2006 (Vic), and its potential impact in the interpretation of the Victorian Equal Opportunity Act
• Conciliation, dispute resolution and remedies
• Alternative regulatory regimes, including the National Employment Standards, equal remuneration provisions under the Fair Work Act, contract law and occupational health and safety issues such as bullying
• Current processes of legislative revision at federal and state level
• The potential for future developments in the field.

View detailed information in the Handbook

Paid work is central to the lives of most adults – it provides an income and is constitutive of identities. For society at large, the organisation of paid work relationships is crucial because of the need to produce goods and services and to protect those engaged in production. Regulation of these work relationships by law is, therefore, important.

This subject provides a thematic overview of the legal regulation of work relationships in Australia in an industrial, social and political context. It examines how work relationships are regulated through statutory regimes as well as through contract law. A major focus of the subject is the Fair Work Act 2009 (Cth), which sets minimum employment conditions, regulates modern awards and workplace agreement-making, provides redress in relation to adverse action and also provides processes to deal with issues of sexual harassment and bullying at work. Anti-discrimination and equality law will also be examined.

This subject is designed to be of particular assistance to students without previous (or recent) legal study in this area. Principles of Employment Law is compulsory for students who do not have a law degree from a common law jurisdiction, and it is strongly recommended that this subject be taken before any other employment and labour relations law subjects. Principles of Employment Law is also recommended for students who have not studied an equivalent subject in their law degree, or who have not done so recently. Principles of Employment Law is ideal for students undertaking a masters in another specialisation, or a Master of Laws, who wish to study one subject in the field of employment and labour relations law.

Indicative list of principal topics:

• The constitutional framework for Australian employment law
• Statutory standards under the Fair Work Act 2009 (Cth) including unfair dismissal, minimum wage rates, hours of work, leave, adverse action and 'right to request' regimes
• The regulation of employment rights and working conditions by modern awards and enterprise agreements under the Fair Work Act 2009 (Cth)
• Various aspects of the common law contract of employment
• Anti-discrimination and equality law.

View detailed information in the Handbook

Work Health and Safety Law has grown in scope over the past decade, particularly since 2010 when most Australian governments implemented nationally-uniform laws about work health and safety. Victoria has, however, continued, with a similar but different model, and has a particularly active regulator.

This subject examines in detail the content of Victorian law, as well as the national laws, considering the operation of work health and safety law in its historical and industrial setting, as well as the likely practical operation of the regulatory regimes. The subject examines the application of safety laws to both physical risks and psychosocial risks, such as bullying and sexual harassment.

The lecturer is a practitioner with over 20 years’ experience in work health and safety, and guest lecturers from employee representative bodies and safety regulators will also present.

Indicative list of principal topics:

• The problem of work-related injury and disease
• The history of the legal regulation of health and safety at work
• The duties owed by employers and other parties under Victorian and nationally-uniform workplace health and safety laws
• Standard-setting under the Australian work health and safety statutes
• Worker representation and participation under the Australian work health and safety legislation
• State enforcement of the work health and safety legislation
• The application of work health and safety legislation to psychological health, bullying and sexual harassment
• How health and safety law has adapted to new ways of working and new challenges, such as remote and hybrid work, and COVID-19

View detailed information in the Handbook

Algorithms are used by public and private bodies to make decisions that govern our lives in significant ways: our healthcare and social welfare entitlements; our educational achievements, jobs, and pay; whether we are subjected to increased police scrutiny, or sent to prison (and for how long). Those algorithms often draw upon patterns in data about large groups of people to predict the future actions, needs or characteristics of specific persons.

A great deal has been written about the risk of bias and discrimination, understood as the systematic propensity to single out individuals or groups for poor treatment. But what do we really mean when we use those terms? Are there other reasons to worry about predictive algorithms that are not about equality or relative treatment – reasons, for instance, to think that we should not punish people on the basis of facts about their family history or social circumstance?

This subject considers what’s at stake for individuals when we are subjected to automated decisions, and the role that the law plays or can play in helping to ensure that algorithms are not used to create or perpetuate injustices.

Indicative list of principal topics:

• Relevance - What does it mean to make a “good” decision?
• Equality - Why does inequality matter, and how do algorithms fare?
• Choice - How do algorithms affect the control that we have over our lives?
• Transparency - Can we really figure out whether algorithmic decisions are just?
• Privacy - Do algorithms cross the line?

View detailed information in the Handbook

Dispute resolution and problem-solving lie at the core of modern professional life for lawyers, business people and anyone who works with more than one other person. This subject provides an overview of the range of dispute resolution techniques used internationally. This subject differentiates the most prominent dispute resolution methods, including traditional litigation, arbitration (in its many forms, including international commercial arbitration negotiation) and mediation (also in its many forms, including partnering, mini-trials and dispute resolution coordinators). It also includes skills training in negotiation and mediation, designed to increase effectiveness in both resolving disputes and enhancing problem-solving abilities.

Indicative list of principal topics:

• The nature and varieties of disputes, how they arise and how they are avoided
• The options for resolving disputes: litigation, arbitration, negotiation, mediation and conciliation
• Factors considered by people when they choose a dispute resolution method, including social, cultural and economic factors
• Relevant law reform initiatives, with an emphasis on Australia, other common law countries and selected Asian countries
• Cross-cultural issues in the dispute resolution process
• The roles of judges, lawyers and the courts in the alternative dispute resolution process
• An analysis and comparison of the dispute resolution processes in environmental and native land title disputes, with an emphasis on Australia, Canada and the United States
• Basic skills for successful negotiation and mediation, including theory and practical exercises.

View detailed information in the Handbook

Negotiation is an essential skill-set for lawyers and the legal profession. Due to negotiations by lawyers, many civil and criminal law cases are settled before the parties even enter the courtroom. Lawyers negotiate on behalf of their client with other lawyers as well as third party non-lawyers. Lawyers must also negotiate internally with their own client as well as other parties to reach consensus. Negotiations also occur in various forms, from traditional settings such as conference rooms and courtrooms, to non-traditional settings such as e-mail and social media communication. Thus, the ability for lawyers to develop and utilise a negotiator's toolbox to negotiate within and among a broad array of environments are essential elements of the legal profession.

Indicative list of principal topics:

• Sources and dynamics of conflict in domestic and international business contexts
• Strategic approaches to negotiation and deal-making
• Negotiation planning, objectives and measures of success
• Distributive, integrative and mixed-motive negotiation
• Negotiation theory and its application in professional practice
• Bias, influence and decision-making in negotiations
• Value creation, trade-offs and negotiated outcomes
• Negotiation tools, techniques and professional confidence
• The role of contractual terms in commercial negotiations
• Verbal, non-verbal and cross-cultural communication
• Perspective-taking, empathy and relationship management
• Ethical, cultural, economic, psychological and emotional dimensions of conflict and dispute resolution

View detailed information in the Handbook

Corporate governance is of national and international importance. This subject examines the law relating to corporate governance, particularly the duties and responsibilities of company directors and other officers, primarily from an Australian perspective but also considering the approach taken in other jurisdictions. It has a focus on listed companies and the relationship between governance and control.

Indicative list of principal topics:

• Overview of the current framework of corporate governance and the duties of directors and other officers

• The role of industry corporate governance guidelines including the Australian Securities Exchange (ASX) Corporate Governance Principles and Recommendations

• ESG

• Disclosure

• Remuneration

• The division of power between the board and the general meeting

• Corporate control and governance

• Directors’ duties, including:

• • Who is subject to duties?
  • To whom are duties owed?
  • Duties to act with care and diligence, in the best interests of the company, and for a proper purpose
  • Duties to avoid conflicts of interest and account for secret profits
  • Statutory duties
  • Consequences of breach and relief from liability

View detailed information in the Handbook

This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.

The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.

The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer.

Indicative list of principal topics:

• How to read and analyse a case
• The concept and use of precedent
• Evolution of a common law principle
• Common law issues: judicial activism, separation of powers
• The role of the High Court and an overview of the Constitution
• The relationship between the Constitution, case law and statute law
• Influences of other sources of law on the common law
• How to read and analyse statutes
• Approaches to statutory interpretation
• Legal writing skills and expectations in the MLM program.

Important information about this Subject

This subject is an important foundational skills-based subject for many common-law focussed subjects in the Melbourne Law Masters. We recommend Masters students needing an introduction to the common law enrol in this subject when they first start their program of study. For most graduate diploma students, Australian Legal Process and Legal Institutions (ALPLI) is the alternative intensive offering.

All students enrolled in the following common-law focussed Masters courses are strongly recommended to take LAWS70217 Fundamentals of the Common Law (if you don't already have prior professional or educational background in the common law):

• Master of Banking and Finance
• Master of Commercial Law
• Master of Construction Law
• Master of Employment and Labour Relations Law
• Master of Energy and Resources Law
• Master of Health and Medical Law
• Master of Intellectual Property Law
• Master of Private Law
• Master of Laws (if you wish to focus on one of these common-law areas above)

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

The field of international human rights law is today composed of a multitude of legal instruments, implementation bodies, special procedures, human rights NGOs and transitional justice mechanisms. This subject provides the opportunity to examine this field in many of its dimensions, equipping students to navigate the system and critically assess its fundamental features. It will be of interest to all students who want to develop a detailed understanding of how the international human rights law system operates, including those with limited or no background in the area. The two lecturers have significant experience across a diverse range of topics and issues within international human rights law, which they draw upon to create an engaging and thought-provoking subject.

Indicative list of principal topics:

• Human rights and the challenges posed by state sovereignty and national security
• The contested universality of human rights
• The international institutional framework for the protection of human rights, with a special focus on the Human Rights Council and treaty monitoring system
• The interpretation and application of selected rights from the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Domestic measures for the implementation of human rights, such as judicial implementation of economic, social and cultural rights
• The norm of non-discrimination as it relates to race, gender, sexual orientation and gender identity
• The contribution of truth and reconciliation commissions to the protection of human rights
• Human rights law relating to refugees and asylum-seekers
• The challenges posed by economic globalisation.

View detailed information in the Handbook

The concept of development has been crucial to structuring international legal relations from the end of World War II to the present day. During that time, international law and institutions have taken on ‘development’ as a primary project. In both the public and economic domains, the vast majority of international institutions engage with the development project in some shape or form.

This subject invites students to think about the nature and importance of development and its relation to international law. The history of development in relation to imperialism, decolonisation, the Cold War and globalisation means that this set of relations is complex and dynamic. Understanding it is crucial to understanding the place of international law, and the work development does in the contemporary world.

Indicative list of principal topics:

• Law and development as a field
• The ‘development’ concept and its precursors
• The relationship between the concepts of ‘law’ and ‘development’
• The institutionalisation of development
• Development, imperialism, decolonisation and the nation state
• Permanent sovereignty over natural resources and the new international economic order
• Debt crises and development(s) at the Bretton Wood institutions
• Trade and development
• Globalisation, governance and the rule of law
• Sustainability, democracy and human rights
• Resistance, alternatives and post-development.

This subject provides a conceptual, historical and theoretical frame for students undertaking Master of Law and Development in which to situate and critically assess learning in other subjects. For students in other courses, this subject will help you understand the importance of the concept of development to our understandings of international law and appreciate development’s central role in the construction and maintenance of contemporary global orderings.

View detailed information in the Handbook

International Legal Internship allows students to gain credit for undertaking advanced legal research and analysis on an approved international internship of at least five weeks of full-time work in an approved international institution or organisation. This subject is focused on providing students with an opportunity to engage with legal and policy issues in contemporary society through work experience and further develop oral and written communication skills. Students are required to secure and fund their internships personally.

Students are encouraged to discuss their internship proposals with the subject coordinators. Students who successfully enrol in International Legal Internship must arrange a meeting with at least one of the subject coordinators both prior to their internship and upon completion, to develop a better understanding of research and the role of international institutions in international law and relations.

Important information about enrolling

This subject is not available for self-enrolment but is an application-based enrichment subject, which means prospective students must apply to enrol.

More information about the application process can be found on the MLM International Legal Internship webpage.

View detailed information in the Handbook

This subject will provide students with an understanding of key concepts in the field of leadership and enable them to more effectively assume leadership responsibilities within organisations, legal practices and/or the community more broadly. The subject aims to give students not only a theoretical understanding of leadership but practical skills and approaches that they can enact both during the course and subsequently to enhance their careers and impact. The subject focuses on the particular challenges and opportunities for lawyers seeking to have impact in modern organisations and the community through leadership. The modes of instruction will include experiential learning, transformative learning, collaborative learning and guest speaker presentations. Students will draw on their own experience of leadership (as both leaders and followers) as well as biographical and hypothetical case studies in leadership. This subject is designed for students who have worked in organisations or legal practices and who have an interest in assuming leadership responsibilities.

Indicative list of principal topics:

• A brief modern history of leadership (tracing the evolution of leadership from the industrial age to the present)
• Lawyers as leaders (the role of advocacy, emotional stability, expertise and objectivity in modern leadership)
• Harnessing human motivation
• Authority and leadership
• Leading in complexity
• Leading change
• The psychology of judgment and decision making (as individuals and in groups)
• Self as leader (preferences for behaviour, emotional intelligence, self-awareness and cognitive flexibility)
• Sustainable leadership

Students in the Melbourne Law Masters program who would like to take this subject as an elective should have a minimum of 2-5 years relevant legal work experience.

View detailed information in the Handbook

Mediation has become the likely forum for the resolution of most disputes – whether convened voluntarily, by contract, statute or court order – but its inherent confidentially makes it hard for outsiders to understand fully.

This subject will cover the majority of the material required for Accreditation under the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS), but also recognise that mediation needs to be understood by all involved, not just future mediators. In light of this, it will examine the roles of solicitors and barristers, other advisers and experts, and the parties themselves. It will do this through teaching by Andrew Moffat, who regularly mediates commercial disputes in Melbourne and Sydney, supplemented by guest lecturers who fill these roles in mediations.

It also recognises that mediation is – and must maintain – a uniquely flexible process capable of very different approaches based on the context of the dispute. Guest lecturers who are expert practitioners in other dispute contexts will share their insights.

Students will develop a sophisticated understanding of current mediation theory and practice, and learn to put this learning into practice as mediators and mediation participants, through extensive involvement in simulations. Finally, students will learn about the mediation industry and the business and career elements of developing a mediation practice.

Successful completion of this subject, and a complete attendance record to all sessions, is expected to be credited for two-thirds of Australian Mediator and Dispute Resolution Accreditation Standards training, under the auspices of the Resolution Institute, which will offer students the opportunity to study the remaining third required for AMDRAS accreditation.

Indicative list of principal topics:

• Mediation within the broader context of dispute resolution
• Moving from positions to interests
• Standard AMDRAS mediation model
• Key concepts – voluntariness and empowerment
• Triggers for mediation – optimising timing where possible
• Mediator skills and when and how to intervene
• Changing dynamics in joint sessions
• Mandatory mediation as public policy
• Typical participants and their roles
• Alternatives and options in private sessions
• AMDRAS structure and Standards
• Setting the scene – the opening statement
• Mediation challenges – complexity and ethical issues
• Optimising mediation in cross-cultural disputes
• Mediation as a career.

Note, all enrolled students will be expected to demonstrate a high level of English language proficiency in order to actively and effectively engage in interactive class discussions and activities.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

This subject critically examines and provides students with a deep understanding of the legislative frameworks, judicial doctrines, and administrative practices that govern the taxation of employment income and personal services income in Australia. It also touches on broader employment and labour law concepts, in understanding more deeply the relevant taxation consequences relating to human capital and personal exertions, and from the perspective of all relevant parties.

This subject has an Australian focus.

Indicative list of principal topics:

• Fundamental tax principles relating to salary/wages/commissions/bonuses
• Fringe Benefits Tax
• Superannuation Guarantee / Superannuation Guarantee Charge
• Payroll Tax (in all States/Territories)
• The distinction between employees and contractors
• Taxes relating to expatriates and income equalisation
• Employee share schemes
• Employment termination payments

View detailed information in the Handbook

This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.

The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.

The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer.

Indicative list of principal topics:

• How to read and analyse a case
• The concept and use of precedent
• Evolution of a common law principle
• Common law issues: judicial activism, separation of powers
• The role of the High Court and an overview of the Constitution
• The relationship between the Constitution, case law and statute law
• Influences of other sources of law on the common law
• How to read and analyse statutes
• Approaches to statutory interpretation
• Legal writing skills and expectations in the MLM program.

Important information about this Subject

This subject is an important foundational skills-based subject for many common-law focussed subjects in the Melbourne Law Masters. We recommend Masters students needing an introduction to the common law enrol in this subject when they first start their program of study. For most graduate diploma students, Australian Legal Process and Legal Institutions (ALPLI) is the alternative intensive offering.

All students enrolled in the following common-law focussed Masters courses are strongly recommended to take LAWS70217 Fundamentals of the Common Law (if you don't already have prior professional or educational background in the common law):

• Master of Banking and Finance
• Master of Commercial Law
• Master of Construction Law
• Master of Employment and Labour Relations Law
• Master of Energy and Resources Law
• Master of Health and Medical Law
• Master of Intellectual Property Law
• Master of Private Law
• Master of Laws (if you wish to focus on one of these common-law areas above)

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

Paid work is central to the lives of most adults – it provides an income and is constitutive of identities. For society at large, the organisation of paid work relationships is crucial because of the need to produce goods and services and to protect those engaged in production. Regulation of these work relationships by law is, therefore, important.

This subject provides a thematic overview of the legal regulation of work relationships in Australia in an industrial, social and political context. It examines how work relationships are regulated through statutory regimes as well as through contract law. A major focus of the subject is the Fair Work Act 2009 (Cth), which sets minimum employment conditions, regulates modern awards and workplace agreement-making, provides redress in relation to adverse action and also provides processes to deal with issues of sexual harassment and bullying at work. Anti-discrimination and equality law will also be examined.

This subject is designed to be of particular assistance to students without previous (or recent) legal study in this area. Principles of Employment Law is compulsory for students who do not have a law degree from a common law jurisdiction, and it is strongly recommended that this subject be taken before any other employment and labour relations law subjects. Principles of Employment Law is also recommended for students who have not studied an equivalent subject in their law degree, or who have not done so recently. Principles of Employment Law is ideal for students undertaking a masters in another specialisation, or a Master of Laws, who wish to study one subject in the field of employment and labour relations law.

Indicative list of principal topics:

• The constitutional framework for Australian employment law
• Statutory standards under the Fair Work Act 2009 (Cth) including unfair dismissal, minimum wage rates, hours of work, leave, adverse action and 'right to request' regimes
• The regulation of employment rights and working conditions by modern awards and enterprise agreements under the Fair Work Act 2009 (Cth)
• Various aspects of the common law contract of employment
• Anti-discrimination and equality law.

View detailed information in the Handbook