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Employment Law 7906 – Semester 1 2010

Take home exam

Instructions

• The exam is a ‘take home’ exam worth 40% of your overall mark.

• Your answers must be submitted by email to [email protected] by 5 pm Friday 21 May 2010 unless I agree to an extension.

• The exam includes 5 questions.

• You must attempt Questions 1, 2 and 3. (Questions 2 and 3 contain a choice). You may choose between Questions 4 and 5.

• Each question is worth 10%.

• The maximum word limit is indicated on the question.

• You must clearly identify which question you are answering in each of your answers.

• You should be able to answer the questions based on the course materials and the materials mentioned in the questions.

• If you refer to a provision in the legislation, you must cite the provision and the legislation (eg s 418 of the FW Act). If you refer to a decision of a court or a tribunal you should reference the case name for the decision. You may use ‘in text’ referencing.

NB. Do Questions 1, 2 and 3 (Questions 2 and 3 contain a choice)

Question 1 – Maximum 1000 words

All students must attempt this question – the question has two parts. 代写留学生论文Both parts must be attempted.

Part A

Identify and describe a key recent development in the common law relating to express terms in an employment contract. Explain the potential impact of the development on employers.

Part B

Identify and describe a key recent development in the common law relating to an implied duty that employers have under an employment contract. In your answer outline the history of the development of the implied duty and explain the potential impact of the term on employers.

Question 2 – Maximum 700 words

Imagine you are an HR practitioner or a workplace relations lawyer and your supervisor has asked you to draft a summary of one of the Fair Work Australia decisions mentioned below. The decisions are examples of recent developments in the law about industrial action under the Fair Work Act 2009. Write a summary of one of the decisions including your assessment of the relevance of the decision for employers who wish to prevent industrial action from being taken during the negotiations for an enterprise agreement.

• University of South Australia v National Tertiary Education Union [2009] FWA 1535 – an application to suspend or terminate protected industrial action under s 424 of the Fair Work Act 2009;

• Secretary, Department of Education and Early Childhood Development (Victoria) v Australian Education Union [2010] FWA 3775 – an application for a s 418 order to stop industrial action by employees or employers.

You will be able to download the decisions from the website for Fair Work Australia at www.fwa.gov.au. Search for the decision by name or by case number eg FWA 3775.

Question 3 – Maximum 700 words

Imagine you are an HR practitioner or a workplace relations lawyer and your supervisor has asked you to draft a summary of one of the decisions of the Full Bench of Fair Work Australia mentioned below. The decisions provide examples of recent developments in enterprise bargaining law. Write a summary of one of the decisions including your assessment the effect the decision might have on how an employer should undertake enterprise bargaining.