Regulation & Democratic Control of Industrial Org. - JURD7561
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 2
Enrolment Requirements:
Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.
Excluded: LAWS8161
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
This Course will analyse how trade unions are established and how the law impacts on the contest for power between trade unions and, at times, between federally registered organisations and counterpart state registered trade unions.
This Course will also examine why, despite an important object of the regulatory framework being to secure democratic control, trade unions tend to be controlled by self- perpetuating entrenched groupings. There will be a particular focus on member's rights- including legal mechanisms available for members to hold the union leaders to account and to have a genuine opportunity to seek elected office.
Recommended Prior Knowledge
Course Objectives
- Rationale for statutory intervention into internal union affairs
- The concept of trade union democracy
- Applications for membership- conveniently belong
- Eligibility for membership/ to hold office
- Fiduciary obligations of officers
- Accounting and transparency
- Requirements of rules-institutionalising democratic control
- Enforcing the rule- orders to perform and observe-relevance of natural justice
- Common law remedies for non-compliance
- Rectifying invalidities in administration
- The electoral process and election inquiries
- Demarcation disputes
Learning Outcomes
- Understand the role of trade unions in the economic and social landscape and the importance of their democratic control
- Understand the key regulations governing trade unions in Australia
- Demonstrate a sound understanding of the concepts of accountability and conflict of interest in the context of trade union governance
- Evaluate the benefits and contributions of trade unions and their regulation with a focus on law reform
- Communicate complex legal, theoretical and/or professionally relevant subject matter effectively, both in writing and orally, to diverse audiences
- Work collaboratively, in particular through discussion of legal texts, theoretical propositions, methodologies and legal problems with peers and teaching staff.
- Apply their advanced legal knowledge and their analytical and communication skills creatively and with a high degree of autonomy, in a variety of practical and/or theoretical contexts, including by successfully planning and executing research related to the impact of trade unions in Australia
Assessment
| Class Participation | 20% | |
| Research Essay (6,000 words) | 80% |
Course Texts
Refer to the Course Outline which will be provided prior to the start of the relevant semester.
Recommended
A full up-to date reading list will be provided in the detailed course outline closer to course commencement.
Resources
Study Levels
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