Principle of employment and industrial law

Word Limit: 2,500 words Maximum no leeway (excluding bibliography): 2,000 words for essay; 500 words for summary of searches and other research Students may be penalised for answers that exceed the 2,500 maximum word limit.

Write the country:Australia


Write an essay of 2,000 words in length to answer one of a choice (of at least 2 questions) about a theme, issue, policy or principle of employment and industrial law in a structured and analytical manner. Students are also required to write a short 500 word summary of the searches and other activities they conducted in to collect material for the writing of their essay.

This 500 word search summary (10 marks) may include information on: references to journals and books in the subject outline (and class materials and discussion) which informed an initial research inquiry and lead to other inquiries; the UTS library and other databases which you used to find information; what search terms/Boolean inquiries you used to search within databases; how many hits you discovered under specific searches made; brief text on which searches produced the best information for the particular topic; any other information which illuminates the processes you went through in your research of the essay topic. Tables and dot points may be used in this 500 word research summary.

A bibliography and adequate referencing system must be provided. Specifically, students can use either the Harvard style footnoting system or the Australian Guide to Legal Citation system of footnoting. (The UTS Law Faculty’s Guide to Written communication recommends the Australian Guide to Legal Citation version 4.)

Before commencing preparation for this task, it is strongly advisable for students to read the UTS Law Faculty’s Guide to Written Communication . This guide has a section on writing an essay in law.

No extension after assessment handed back:

Please note that extensions will only be granted on the basis of illness, misadventure or disability.

Extensions will not be granted for a date after the assessment task is handed back to students.

Choose to answer 1 question out of the following questions:


Question 1

Critically evaluate the extent to   which the JobKeeper’s package [including under part 6-4C of the Fair Work Act   2009 (Cth)] fairly determines which workers are eligible and which workers   are not eligible for JobKeeper payments.


Question 2

Critically evaluate the adequacy of the contract of employment   as a method of regulating employment relations.

In your essay include:

a) an accurate account of the wages work bargain, express terms   and implied terms of an employment contract (especially those implied terms   giving rise to employee duties); and

b) the direct bargaining process between an individual worker and   an employer which leads to the formation of an employment contract including   discussion of inequality of bargaining power (if any) between the parties;   and

c) the extent to which the employment contract entrenches the   freedom or subordination of the employee; and whether or not the employment   contract entrenches the authority of the employer;

d) the extent (if any) to which legislative intervention is   necessary.


Question 3

Critically evaluate the adequacy of the industrial and employment   law governing employee conduct away from work (which may constitute a   breach of an employee duty). In your answer include:

a) an accurate account of the   law on conduct away from work which may be a breach of an employee duty; and

b) an argument about the extent   to which the law should or should not empower employers to control the   conduct of employees away from work.

Submitting online

Essays must be submitted online on UTSCanvas by the due date. All essays will be subject to an originality check through turnitin and the results may be  used in the assessment of the essay. Please use the “UTS: Law Assignment Cover Sheet For Online Submission” Make sure that you also put which essay question you are answering at the start of your essay. 

Avoiding Academic Misconduct:

It is the responsibility of each student to not commit academic misconduct (including attempts by students to procure ghost written material, cheat, plagiarise or otherwise act dishonestly in undertaking an assessment task or assisting other students to do so) in the completion and submission of assessment assignments. Students must submit original work (student’s own work and not previously submitted for assessment) for each assessment task.

Please see the employment and industrial law 79034 subject outline for more information on academic misconduct by students.

Assessment Criteria

· Sustained, critical, justifiable, well-reasoned and persuasive argument which is logically structured

· Anticipate and respond to objections to the student’s argument

· Persuasive perspective on the adequacy of, and scope for reform in, employment and industrial law

· Clear succinct and persuasive written expression

· Clear and accurate explanation of relevant law and policy issues

· Appropriate research of secondary and primary resources relevant to the question

· An appropriate bibliography


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