Legal Profession s1

DIPLOMA IN LAWLEGAL PROFESSION LAW EXTENSION COMMITTEE ADMISSION BOARDLAW EXTENSION COMMITTEE SUBJECT GUIDE21 INDUSTRIAL LAW WINTER SESSION 2017This Guide includes the Law Extension Committee’s course information and teaching program and the Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW Admission Board Rules 2015.Course Description and Objectives 1 Lecturers 1 Assessment 1-2 September 2017 Examination 2 Lecture Program 2 Weekend Schools 1 and 2 3 Texts and Materials 3 Prescribed Topics and Course Outline 4-10 Compulsory Assignment 11 Assignment Question 11 1LAW EXTENSION COMMITTEE WINTER 2017 21 INDUSTRIAL LAWCOURSE DESCRIPTION AND OBJECTIVESIndustrial law, or the law of employment, is the body of law that regulates the relationship between employers and employees, employers and trade unions, and trade unions and employees.The Industrial Law course is a general introduction to industrial law, having the primary objective of introducing students to the minimum entitlements of employees and the system of collective bargaining which operates in Australia, and the common law contract of employment. The course will also introduce students to the law (both common law and statute) relating to industrial disputes and industrial action. These objectives will be attained by an analysis of decisions of the relevant courts and tribunals, and statutory provisions. Students will also be expected to consult the academic literature referred to in the course outline.LECTURERSMr A T Britt, BSc, LLB (Hons) (Syd)Anthony Britt is a barrister practising in industrial law before both Federal and State Industrial Tribunals. He holds the degrees of Bachelor of Science and Bachelor of Laws (Honours) from the University of Sydney, and held the Lionel Murphy Scholarship in 1988 and 1989.Mr M Gibian, BA (Hons), LLB (Hons) (Syd)Mark Gibian is a barrister practising in Sydney primarily in employment and industrial law. He holds the degrees of Bachelor of Arts (Honours) and Bachelor of Laws (Honours), both from the University of Sydney. ASSESSMENTTo be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC.To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC, in the Course Information Handbook, and on the Webcampus.Eligibility to Sit for ExaminationsIn accordance with the NSW Admission Board Rules, the LEC must be satisfied with a student’s performance in a subject in order for the student to be eligible to sit for the examination, conducted by the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility. Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination. 2Assignments as part of the Board’s ExaminationsAssignment results contribute 20% to the final mark in each subject. The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC engages the LPAB’s Examiners to assess or supervise the assessment of assignments.SubmissionAssignments must be received by 11:59pm on the due date unless an extension has been granted. Extensions must be requested by email prior to the due date. Specific supporting evidence must be provided. Assignments that are more than ten days late will not be accepted. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. AssessmentAssignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual results pages of the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their eligibility to sit for the examination. ReviewWhere a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be reviewed prior to a final mark in the subject being awarded. Except in the case of demonstrable error, assignment marks will not otherwise be reviewed prior to the examination.SEPTEMBER 2017 EXAMINATIONCandidates will be expected to have a detailed knowledge of the prescribed topics: The workplace relations system; contract of employment; and strikes and industrial action.Candidates are expected to have achieved a thorough knowledge and understanding of the prescribed topics, and a capacity to demonstrate mastery of these by reference to the prescribed text, the prescribed statutes, and the cases and statutory provisions referred to in the Law Extension Committee's course outline.The examination in Industrial Law will consist of six questions, in either problem or essay form, of which four must be answered. All enquiries regarding examinations should be directed to the Legal Profession Admission Board.LECTURE PROGRAMLectures in Industrial Law will be held on Monday nights commencing at 6.00pm in the following locations: 8 May to 5 June 2017 – New Law School Seminar Room 115 (New LSSR 115) 3 July to 14 August 2017 - New Law School Seminar Room 115 (New LSSR 115).Note: There is no lecture on 12 June 2017 due to the Public HolidayNOTE: The study break is from Saturday 17 June – Sunday 2 July 2017. 3WEEKEND SCHOOLS 1 AND 2There are two weekend schools primarily for external students. Lecture students may attend but should be aware that weekend school classes aim to cover the same material provided in weekly lectures and are primarily for the assistance of external students. Please note that it may not be possible to cover the entire course at the weekend schools.First Weekend School Second Weekend SchoolFriday 26 May 2017, 5.00pm – 9.00pm; Friday 21 July 2017, 5.00pm – 9.00pm; New Law School Seminar Room 115 New Law School Seminar Room 115Sunday 28 May 2017, 4.00pm – 8.00pm; Sunday 23 July 2017, 4.00pm – 8.00pm; New Law School Seminar Room 115 New Law School Seminar Room 115TEXTS AND MATERIALSCourse Materials Guide to the Presentation and Submission of Assignments (available on the LEC Webcampus)Prescribed Statutes Fair Work Act 2009 (Cth)  Industrial Relations Act 1996 (NSW) (Either Government Printers Copy, Thomson Reuters or CCH edition of above statutes.)Reference Books Creighton and Stewart, Labour Law: An Introduction, 6th ed. Federation Press, 2016  Sappideen, O’Grady and Riley, Macken’s Law of Employment, 8th ed. Thomson Reuters, 2016  Pittard and Naughton, Australian Labour and Employment Law, LexisNexis, 2015  Neil and Chin, The Modern Contract of Employment, Lawbook Co, 2012  Irving, The Contract of Employment, LexisNexis, 2012  Fair Work Legislation 2016, Thomson Reuters, 2016  LNAA: Annotated Fair Work Act and Related Legislation, LexisNexis 2016Useful websitesOnce you have registered online with the LEC, you will have full access to all the facilities on the Webcampus including links to relevant cases and legislation in the Course Materials section. Other useful links include:AustLII - Australian Legal Information Institute http://www.austlii.edu.au Fair Work Commission http://www.fwc.gov.au Industrial Relations Commission http://www.irc.justice.nsw.gov.au/ of New South Wales Commonwealth Legislation http://www.comlaw.gov.au New South Wales Legislation http://www.legislation.nsw.gov.au 4PRESCRIBED TOPICS AND COURSE OUTLINE1. CONTRACT OF EMPLOYMENT Mann v Capital Territory Health Commission (1981) 54 FLR 23 Creighton and Stewart, ch 7-9, 16 and 20-21 Riverwood International Ltd v McCormick Sappideen, O’Grady and Riley, ch 1-11 (2000) 177 ALR 193 Pittard and Naughton, ch 4-7 Goldman Sachs J B Were Services Pty Ltd v Nikolich (2007) 163 FCR 62 (1) Role of the Contract of Employment Romero v Farstad Shipping (Indian Pacific) Pty Ltd (2014) 231 FCR 403 (a) Modern Awards/Agreements and McKeith v Royal Bank of Scotland Group PLC arbitration and National Employment [2016] NSWCA 36 Standards Westpac Banking Corporation v Wittenberg [2016] FCAFC 33 Fair Work Act 2009 (Cth), ss 11, 13-14 and 43- 45 (b) Awards and agreements operating as Industrial Relations Act 1996 (NSW), ss 5-6 minimum conditions and 10 Fair Work Act 2009 (Cth), s 61 (b) Other legislation Byrne and Frew v Australian Airlines Ltd (1995) 185 CLR 410 Long Service Leave Act 1955 (NSW), s 3 Workers Compensation Act 1987 (NSW), s 3 (4) Duties of the Parties Pay-roll Tax Act 1971 (NSW), s 3 Work Health and Safety Act (NSW), s 7 (a) The work/wages bargain Superannuation Guarantee (Administration) Act 1992 (Cth), s 16 Automatic Fire Sprinklers v Watson (1946) 72 CLR 435 (c) Vicarious liability of employers Csomore v Public Service Board of New South Wales (1986) 17 IR 275 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 (b) Other duties of the employee (2) Identifying an "Employee" (ba) Obedience to lawful orders and co- Performing Right Society Ltd v Mitchell [1924] operation 1 KB 762 Zuijs v Wirth Bros (1955) 93 CLR 561 Adami v Maison de Luxe (1924) 35 CLR 143 Australian Mutual Provident Society v Chaplin The Ottoman Bank v Chakarian [1930] AC 277 (1978) 18 ALR 385 Australian Telecommunications Commission v Stevens v Brodribb Sawmilling Co (1986) 160 Hart (1982) 65 FLR 41 CLR 16 Cresswell v Board of Inland Revenue [1984] 2 Building Workers Industrial Union of Australia All ER 713 v Odco (The Troubleshooters' Case) (1991) 29 Johnstone v Bloomsbury Health Authority FCR 104 [1992] 1 QB 333 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Damevski v Guidice (2003) 133 FCR 438 (bb) Care and skill ACE Insurance Ltd v Trifunovski (2013) 209 FCR 146 Insurance Contracts Act 1984 (Cth), s 66 Fair Work Ombudsman v Quest South Perth Employees Liability Act 1991 (NSW), s 3 Holdings Pty Ltd (2015) 228 FCR 346 Lister v Romford Ice and Cold Storage Co Tattsbet Ltd v Morrow (2015) 233 FCR 46 [1957] AC 555 Printing Industry Employees Union of Australia (3) Sources of the Content of the Contract v Jackson and O'Sullivan (1957) 1 FLR 175(a) Individual agreement: express terms; (bc) Fidelity: competition and confidentiality terms implied in fact and law Restraints of Trade Act 1976 (NSW) B P Refinery (Westernport) v Shire of Nordenfelt v Maxim Nordenfelt Guns and Hastings) (1977) 16 ALR 363 Ammunition Co [1894] AC 535 Herbert Morris v Saxelby [1916] AC 688 5Blyth Chemicals v Bushnell (1933) 49 CLR 66 Quinn v Jack Chia (Australia) [1992] 1 VR 567 Hivac v Park Royal Scientific Instruments Westpac Banking Corporation v Wittenberg [1946] 1 Ch 169 (2016) 242 FCR 505 Faccenda Chicken v Fowler [1987] 1 Ch 117 Wright v Gasweld Pty Ltd (1991) 22 NSWLR (b) Frustration 317 Del Casale v Artedomus (Australia) Pty Ltd Finch v Sayers (Australia) Ltd [1976] 2 (2007) 165 IR 148 NSWLR 540 Commercial & Accounting Services (Camden) International Harvester Export Co v Pty Ltd v Cummins (2011) 207 IR 351 International Harvester Aust Ltd [1983] VR 539 Notcutt v Universal Equipment Co [1986] 1 (c) Other duties of the employer WLR 641(ca) Provision of work (c) Without noticeWhite v Australian and New Zealand Theatres (ca) Summary dismissal (1943) 67 CLR 266 Mann v Capital Territory Health Commission Adami v Maison de Luxe (1924) 35 CLR 143 (1981) 54 FLR 23 Laws v London Chronicle (Indicator Curro v Beyond Productions Pty Ltd (1993) 30 Newspapers) Ltd [1959] 2 All ER 285 NSWLR 337 Lane v Arrowcrest Group Pty Ltd (1990) 27 FCR 427 (cb) Safety of employees Intico (Victoria) Pty Ltd v Walmsley [2004] VSCA 90 Work Health and Safety Act 2011 (NSW) Melbourne Stadiums Ltd v Sautner (2015) 229 Workers Compensation Act 1987 (NSW) FCR 221 Wilsons and Clyde Coal Co v English [1938] AC 57 (cb) Constructive dismissal McLean v Tedman (1984) 155 CLR 306 Western Excavating (BCC) Ltd v Sharp [1978] (cc) Trust and confidence/Good faith 1 QB 761 Mohazab v Dick Smith Electronics Pty Ltd (No Bliss v South East Thames Regional Health 2) (1995) 62 IR 200 Authority [1987] ICR 700 Thomson v Orica Australia Pty Ltd (2002) 116 Malik v Bank of Credit and Commerce IR 186 International SA [1997] 3 All ER 1 Thomson v Orica Australia Pty Ltd (2002) 116 (6) Remedies for Wrongful Termination at IR 186 Common Law Russell v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (2008) (a) Employee's remedies for wrongful 176 IR 82 dismissal Commonwealth Bank v Barker (2014) 253 CLR 169 (aa) Right to affirm contract Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30 Automatic Fire Sprinklers v Watson (1946) 72 CLR 435 (5) Termination of Employment Visscher v Guidice (2009) 239 CLR 361(a) By agreement (ab) Injunction/Specific Performance(aa) Fixed or contingent term Turner v Australian Coal and Shale Employees Federation (1984) 55 ALR 635 Bunge (Australia) Pty Ltd v Mallard (1982) 41 Gregory v Philip Morris Ltd (1988) 80 ALR 455 ALR 223 Downe v Sydney West Area Health Service Ikin v Danish Club Dannebrog Inc (2001) 140 (No 2) (2008) 174 IR 385 IR 101 Quinn v Overland (2010) 199 IR 40(ab) Agreed period of notice (ac) DamagesFair Work Act 2009 (Cth), s 117 Addis v Gramophone Co [1909] AC 488 Termination, Change and Redundancy Case Yetton v Eastwoods Froy Ltd [1967] 1 WLR (1984) 8 IR 34; 9 IR 115 104 6Bliss v South East Thames Regional Health Authority [1987] ICR 700 Fair Work Act 2009 (Cth), s 26 Burazin v Blacktown City Guardian Pty Ltd Independent Contractors Act 2006 (Cth), Part (1996) 142 ALR 144 3 Johnson v Unisys Ltd [2003] 1 AC 518 Industrial Relations Act 1996 (NSW), ch 2, pt 9 Eastwood v Magnox Electric Plc [2004] 3 WLR Keldote Pty Ltd v Riteway Pty Ltd (2010) 195 322 IR 423 Walker v Citigroup Global Markets Pty Ltd Informax International Pty Ltd v Clarius Group (2006) 233 ALR 687 Ltd (2012) 207 FCR 298 Goldman Sachs J B Were Services Pty Ltd v Nikolich (2007) 163 FCR 62 (10) Trade Practices Act Claims Shaw v New South Wales (2012) 219 IR 87 Competition and Consumer Act 2010 (Cth), (b) Employer's remedies for wrongful sch 2, ss 18 and 31 termination Fair Trading Act 1987 (NSW), ss 42 and 46 Concrete Constructions (NSW) Pty Ltd v Tradition Australia Pty Ltd v Gunson (2006) Nelson (1990) 169 CLR 594 152 IR 395 Sheldrick v W T Partnership (Australia) Pty Ltd Tullett Prebon (Australia) Pty Ltd v Purcell (1998) 89 IR 206 (2008) 175 IR 414 O’Neill v Medical Benefits Fund of Australia Ltd (2002) 122 FCR 455 (7) Unfair Dismissal Magro v Freemantle Football Club (2005) 142 IR 445 (a) Federal provisions (11) Protection against Discrimination Fair Work Act 2009 (Cth), Part 3-2 Australian Meat Holdings Ltd v McLauchlan Fair Work Act 2009 (Cth), s 351 (1998) 84 IR 1 Racial Discrimination Act 1975 (Cth), s 15 Crozier v Palazzo Corporation Pty Ltd (2000) Sex Discrimination Act 1984 (Cth), s 14 98 IR 137 Disability Discrimination Act 1992 (Cth), s 15 Hinchey v North Goonyella Coal Mines Pty Ltd Age Discrimination Act 2004 (Cth), s 18 (2009) 178 IR 252 Anti-Discrimination Act 1977 (NSW), ss 8, 22B, Tabro Meat Pty Ltd v Heffernan (2011) 208 IR 25, 38C, 40, 49D, 49V, 49ZH, 49ZYB 101 Human Rights and Equal Opportunity Toms v Harbour City Ferries Pty Ltd (2015) Commission Act 1986 (Cth) 229 FCR 537 Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 (b) New South Wales provisions Qantas Airways Ltd v Christie (1998) 193 CLR 280 Industrial Relations Act 1996 (NSW), ch 2, pt 6 X v Commonwealth (1999) 200 CLR 177(8) General Protections 2. WORKPLACE RELATIONS SYSTEM Fair Work Act 2009 (Cth), Part 3-1 General Motors-Holden’s Pty Ltd v Bowling Creighton and Stewart, ch 4-6 and 11-14 (1976) 12 ALR 605 Pittard and Naughton, ch 9-14 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (1) Constitutional Background (2012) 248 CLR 500 National Tertiary Education Union v Royal (a) Conciliation and arbitration power Melbourne Institute of Technology (2013) 234 IR 139 Constitution, s 51(xxxv) Construction, Forestry, Mining and Energy Conciliation and Arbitration Act 1904 (Cth) Union v BHP Coal Pty Ltd (2014) 253 CLR 243 Industrial Relations Act 1988 (Cth) Construction Forestry Mining and Energy Workplace Relations Act 1996 (Cth) Union v Endeavour Coal Pty Ltd (2015) 231 Fair Work Act 2009 (Cth) FCR 150 Construction Forestry Mining and Energy (b) Corporations power Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157 Constitution, s 51(xx) Fair Work Act 2009 (Cth), Parts 1-2 and 1-3 (9) Unfair Contracts 7New South Wales v Commonwealth (2006) (b) National Employment Standards 229 CLR 1 Communications, Electrical, Electronic, Fair Work Act 2009 (Cth), Part 2-2 Energy, Information, Postal, Plumbing and Allied Services Union of Australia v (ba) Maximum weekly hours Queensland Rail [2015] HCA 11 MacPherson v Coal & Allied Mining Service (c) External affairs power Pty Ltd (No 2) (2009) 189 IR 50Constitution, s 51(xxix) (bb) Requests for flexible work arrangements Victoria v Commonwealth (1996) 187 CLR 416 (bc) Parental leave (bd) Annual leave (d) Other constitutional heads of power MacMahon Mining Services Pty Ltd v Williams (da) Constitution, s 51(i): trade and commerce (2010) 201 IR 123 (db) Constitution, s 51(ii): taxation Centennial Northern Mining Services Pty Ltd v (dc) Constitution, s 51(vi): defence Construction, Forestry, Mining and Energy (dd) Constitution, s 51(xxxix): incidental power Union [2015] FCAFC 100 (de) Constitution, s 52(ii): commonwealth employees (be) Personal/carer’s and compassionate (df) Constitution, s 122: territories leave (bf) Community service leave (e) Judicial/arbitral power and the tribunal (bg) Long service leave structure (bh) Public holidays (bi) Notice of termination and redundancy R v Kirby: ex parte Boilermakers Society of payments Australia (1956) 94 CLR 254 Re Dingjan; ex parte Wagner (1995) 183 CLR Amcor Ltd v Construction, Forestry, Mining 323 and Energy Union (2004) 222 CLR 241 Maritime Union of Australia v FBIS (f) Implied protection of the states International Protective Services (Aust) Pty Ltd (2015) 232 FCR 1 Queensland Electricity Commission v The Australian Commercial Catering Pty Ltd v Fair Commonwealth (1985) 159 CLR 192 Work Commission [2015] FCAFC 189 Re Australian Education Union; Ex parte State of Victoria (1995) 184 CLR 188 (c) Minimum wages United Firefighters’ Union of Australia v Country Fire Authority [2015] FCAFC 1 Fair Work Act 2009 (Cth), Part 2-6(d) Equal remunerationFair Work Act 2009 (Cth), Part 2-7 (2) The Federal System Re Equal Remuneration Case (2011) 208 IR Coverage of Act 446Fair Work Act 2009 (Cth), Ch 1 (e) Other terms and conditions of Industrial Relations (Commonwealth Powers) employment Act 2009 (NSW) Fair Work Act 2009 (Cth), Part 2-9 (a) The institutions (f) Modern Awards (aa) Fair Work Commission Fair Work Act 2009 (Cth), Part 5-1 Fair Work Act 2009 (Cth), Part 2-3 (ab) Fair Work Ombudsman Transport Workers’ Union of Australia v Coles Fair Work Act 2009 (Cth), Part 5-2 Supermarkets Australia Pty Ltd (2014) 245 IR (ac) Fair Work Inspectors 449 Fair Work Act 2009 (Cth), Part 5-2-3 (ad) Federal Court and Federal Circuit Court (g) Enterprise agreements of Australia: Fair Work Act 2009 (Cth), Part 4-2 Fair Work Act 2009 (Cth), Part 2-4 8(ga) Types of workplace agreements Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Construction, Forestry, Mining and Energy Allied Services Union of Australia v Aurizon Union v Deputy President Hamberger (2011) Operations Ltd [2015] FCAFC 126 210 IR 198 Construction, Forestry, Mining and Energy (h) Workplace determinations Union v Queensland Bulk Handling Pty Ltd (2012) 224 IR 133 Fair Work Act 2009 (Cth), Part 2-5 Shop, Distributive and Allied Employees Association v ALDI Foods Pty Ltd (2016) 245 (i) Relationship of National Standards FCR 155 and awards and agreements(gb) Bargaining and representation Fair Work Act 2009 (Cth), Part 2-1-3Peabody Moorvale Pty Ltd v Construction, (3) Limitations on the Scope of Awards Forestry, Mining and Energy Union (2014) 242 and Agreements IR 210 (a) Parties bound by awards and (gc) Good faith bargaining and bargaining agreements and transmission of orders businessTotal Marine Services Pty Ltd v Maritime Fair Work Act 2009 (Cth), Part 2-8 Union of Australia (2009) 189 IR 407 PP Consultants Pty Ltd v Finance Sector Construction Forestry Mining and Energy Union (2000) 201 CLR 648 Union v Tahmoor Coal Pty Ltd (2010) 195 IR Minister for Employment and Workplace 58 Relations v Gribbles Radiology Pty Ltd (2005) Endeavour Coal Pty Ltd v Association of 79 ALJR 679 Professional Engineers, Scientists and Managers (2012) 206 FCR 576 (4) The New South Wales System Association of Professional Engineers, Scientists and Managers, Australia v Peabody Fair Work Act 2009 (Cth), s 26 Energy Australia Coal Pty Ltd (2015) 248 IR Industrial Relations Act 1996 (NSW) 360 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (gd) FWA role in facilitating agreement (ge) Low paid bargaining (a) The Industrial Relations Commission (gf) Approval of enterprise agreements Industrial Relations Act 1996 (NSW), ch 4 Shop Distributive and Allied Employees’ Association v Karellas Investments Pty Ltd (b) (2008) 166 FCR 562 Awards Transport Workers Union v DHL Exel Supply Chain (Australia) Pty Ltd (2008) 174 IR 44 Industrial Relations Act 1996 (NSW), ch 2, pt 1 Blue Star Pacific Pty Ltd v Communications, Electrical, Electronic, Energy, Information, (c) Enterprise agreements Postal, Plumbing and Allied Services Union of Australia (2009) 191 IR 323 Industrial Relations Act 1996 (NSW), ch 2, pt 2 Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd (2015) 228 FCR (d) Industrial disputes 297 Industrial Relations Act 1996 (NSW), ch 3 (gg) Better off overall test (5) Inconsistency of Federal and State Hart v Coles Supermarkets Australia Pty Ltd laws [2016] FWCFB 2887 Constitution, s 109 (gh) Varying and terminating enterprise Fair Work Act 2009 (Cth), Part 1-3 agreements Metal Trades Industry Association of Australia v Australian Metal Workers and Shipwrights Toyota Motor Corporation Australia Ltd v Union (1983) 152 CLR 632 Marmara (2014) 222 FCR 152 9Tristar Steering and Suspension Australia Ltd United Collieries Pty Ltd v Construction v Industrial Relations Commission (NSW) Forestry Mining and Energy Union (2006) 153 (2007) 158 FCR 104 FCR 543 Endeavour Coal Pty Ltd v Construction Total Marine Services Pty Ltd v Maritime Forestry Mining and Energy Union (2007) 165 Union of Australia (2009) 189 IR 407 FCR 1 Airport Fuel Services Pty Ltd v Transport Workers Union (2010) 195 IR 384 (6) Enforcement of Re Minister for Tertiary Education, Skills, Jobs Awards/Agreements/Standards and Workplace Relations (2011) 214 IR 367 Australian and International Air Pilots Fair Work Act 2009 (Cth), Chapter 4 Association v Qantas Airways Ltd (2012) 202 FCR 200 (a) Types of orders JJ Richards & Sons Pty Ltd v Fair Work Australia (2012) 201 FCR 297 (b) Penalties for breach EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Fair Work Act 2009 (Cth), Part 4-1 Union (2014) 218 FCR 316 Industrial Relations Act (NSW), ch 7, pt 1 Australian Mines and Metals Association Inc v Kelly v Fitzpatrick (2007) 166 IR 14 Maritime Union of Australia [2016] FCAFC 71 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 (4) Sanctions under the Arbitration Systems (c) Recovery of wages (a) Direct prohibition Fair Work Act 2009 (Cth), Part 4-1 Industrial Relations Act 1996 (NSW), ch 7, pt 2 Fair Work Act 2009 (Cth), Part 3-3-4 and Part 3-3-5 Coal & Allied Operations Pty Ltd v AFMEPKI 3. STRIKES AND INDUSTRIAL ACTION (1997) 73 IR 311 Transport Workers' Union of New South Wales Creighton and Stewart, ch 24-26 v Australian Industrial Relations Commission Sappideen, O’Grady and Riley, ch 14 (2008) 166 FCR 108 Pittard and Naughton, ch 14-18 Victorian Hospital’s Industrial Association v Health Services Union (2008) 173 IR 120 (1) The Right to Strike Esso Australia Pty Ltd v The Australian Workers’ Union (2016) 245 FCR 39 International Covenant on Economic Social and Cultural Rights, Art. 8 (b) Payment of wages(2) Criminal Liability Fair Work Act 2009 (Cth), Part 3-3-9 Construction Forestry Mining & Energy Union Crimes Act 1914 (Cth), ss 30J, 30K v Mammoet Australia Pty Ltd (2013) 248 CLR Essential Services Act 1988 (NSW) 619(3) Protection from Legal Liability (5) Breach of Contract(a) Industrial action R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP Co Ltd (1909) 8 CLR Fair Work Act 2009 (Cth), s 19 419 Davids Distribution Pty Ltd v National Union of Secretary of State for Employment v Workers (1999) 91 FCR 463 Associated Society of Locomotive Engineers Police Federation of Australia v Chief and Firemen (No 2) [1972] 2 QB 455 Commissioner of Police (Victoria Police) Ansett Transport Industries (Operations) Pty (2014) 243 IR 1 Ltd v Australian Federation of Air Pilots (1989) Construction, Forestry, Mining and Energy 95 ALR 211 Union v BHP Coal Pty Ltd (2015) 230 FCR 298 (6) Tort Liability (b) Protected action (a) Contractual interference Fair Work Act 2009 (Cth), Part 3-3 Trinity Garden Aged Care v Australian Nursing Woolley v Dunford (1972) 3 SASR 243 Federation (2006) 155 IR 124 10DC Thomson & Co Ltd v Deakin [1952] 1 Ch 646 Ansett Transport Industries (Operations) v Australian Federation of Air Pilots (1989) 95 ALR 211 OBG Ltd v Allan [2008] 1 AC 1 Qantas Airways Ltd v Transport Workers Union (2011) 211 IR 1(b) ConspiracyMcKernan v Fraser (1931) 46 CLR 343 Williams v Hursey (1959) 103 CLR 30 Patrick Stevedores Operations (No 2) v MUA (No 3) (1998) 195 CLR 1(c) IntimidationRookes v Barnard [1964] AC 1129(d) PicketingDollar Sweets v Federated Confectioners Association of Australia [1986] VR 383(e) JustificationRanger Uranium Mines v Federated Miscellaneous Workers Union of Australia (1987) 54 NTR 6(f) InjunctionsPatrick Stevedores Operations (No 2) v MUA (No 3) (1998) 195 CLR 1 Grocon v Construction, Forestry, Mining and Energy Union (2013) 234 IR 59(7) Secondary BoycottsTrade Practices Act 1975 (Cth), pt IV(8) Freedom of Association(a) Federal provisionsFair Work Act 2009 (Cth), Part 3-1 Davids Distributions Pty Ltd v NUW (1999) 91 FCR 463 Patrick Stevedores Operations (No 2) Pty Ltd v MUA (2000) 195 CLR 1 Finance Sector Union v Commonwealth Bank (2005) 146 IR 47 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 State of Victoria v Construction, Forestry, Mining and Energy Union (2013) 218 FCR 172(b) New South Wales provisions Industrial Relations Act 1996 (NSW), ch 5, pt 11COMPULSORY ASSIGNMENTIn Industrial Law, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. Students must submit the assignment by the due date. A pass mark is 50%. Refer to the Guide to the Presentation and Submission of Assignments for the assignment grading and assessment criteria. Students who fail to satisfy the compulsory requirements will be notified through the Results screen on the Webcampus before the examination period of their ineligibility to sit the examination in this subject. The maximum word limit for the assignment is 2000 words (inclusive of all footnotes but not bibliography).The rules regarding the presentation of assignments and instructions on how to submit an assignment are set out in the LEC Guide to the Presentation and Submission of Assignments which can be accessed on the LEC Webcampus. Please read this guide carefully before completing and submitting an assignment. The completed assignment should be lodged through the LEC Webcampus, arriving by 11:59pm on the following date:Assignment Tuesday 04 July 2017 (Week 7)ASSIGNMENT QUESTIONTo obtain the Industrial Law assignment questions for the Winter Session 2017, please follow the instructions below:1. Register online with the LEC (see page 24 of the Course Information Handbook for detailed instructions). Once you have registered, you will have access to all the facilities on the LEC Webcampus.2. Then go into the Webcampus, select the Course Materials section and click on the link to the assignment questions for this subject.

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