Year 12 Legal Studies
Marking Criteria- Assessment #4
Question 18 (a)
Evaluate the effectiveness of Workplace Law in resolving conflict and encouraging cooperation.
Introduction
Sentence 1- broad state about workplace law- what is it? Importance? Statistics of %of pop.
in workforce
Sentence 2- how has workplace changed esp the employment contract- structure/ issues/
morals-values-ethics eh master-servant to employer-employee and link to how this change
may cause conflict and require law reform to encourage coop
Sentence 3- cite some examples of law change eg OHS&S 2000 (NSW)- to enforce
workplace safety- decreased conflict via improved ease of access and better resource
efficiency. Make a judgment- overall achieves objective of increase coop/resolved conflict
esp in regards to the unequal bargaining power of ee/er.
Sentence 4 however- not all legal responses have been effective- eg discrimination
legislation- may cause conflict/not enfoceceable, and future law reform may be necessary
given society’s changing composition- notions of justice and new tech or Workchoices 2006too much deregulation and power to ers
Sentence 5 (optional)- purpose of the paper- main thesis is to strike the right balance between
ee/ers
Remember- paraphrase question within intro
Main body
P1. Brief background of workplace law development- development of the law of employment,
‘laissez-faire’ versus State intervention- development of the master servant relationship into the
employment contract- duties and responsibilities- effectiveness of
enforceability/access/protection- include common law remedies if contract violated. Contract for
vs of services
P2. Why did common law relationship change? Technology/education/different social
values/morals etc/ growth of labour(trade) unions- lead to statutory developments to supplement
common contracts of services. Dispute resolution and bargaining in Australia was regulated
under s51 (xxxv.) Conciliation and arbitration for the prevention and settlement of industrial
disputes extending beyond the limits of any one State:- emphasised collective bargaining and
state intervention in disputes- lead to development of unique system of Australian awards....
what are they- describe? Effective?
P3 brief outline of the current industrial relations law- enterprise bargaining/individual
bargaining/ workplace relations act 1986/workchoices act 2006/fairwork Australia act 2009all federal govt. Efforts to either regulate or deregulate the labourforce and protect the
rights/responsibilities of er/ees- effective???? Why did awards lose application??? Role of
awards today??? Role of tribunals today??? Balance in favour of ee or ers???
P4 link to industrial conflict- process of settling industrial disputes: definition of an industrial
dispute (breakdown in negotiations: strikes, stand-downs, lock-outs, demarcation disputes,
work-to-rule, secondary boycotts) role of the union, Commonwealth and State powers,
conciliation and arbitration: functions of Industrial Commissioners, compulsory conferences,
fines and deregistration effective in terms of conflict and cooperation??? Statistics for
industrial disputes in Australia are low so must have some effectiveness. Good opportunity
for case studies!!
P5 other areas of conflict/coop- termination of employment: dismissal, remedies of individual
employees against wrongful dismissal, and redundancy agreements Good opportunity for
case studies!! Effectiveness? Fair work Australia has re-introduced unfair dismissals
P6/7 other areas of conflict/cooperation- discrimination/safety- Good opportunity for case
studies!! Always use effectiveness criteria
Sentence 1- restate the broadness of workplace law- why it’s important (important part of
individual’s life) and how the law must respond to ever-changing social values surrounding
workplace rights vs efficiency/productivity. Restate how some changes (if not most) have
encouraged cooperation/reduced conflict and overall, is effective from both an individual’s
(protection/access/resource efficiency) and society’s (appeals/ community expectations/
resource efficiency) perspective BUT there is still areas of ineffectiveness (high incidents of
safety violations/discrimination/ casual workers rights/ ambiguity bet contract for and of
services) that need future law reform to achieve law’s objectives of increased coop/reduced
conflict
Year 12 Legal Studies
Marking Criteria- Assessment #4
Question 18 (b)
Assess the role of legal processes and institutions in achieving justice for participants in the
workplace
Introduction
Sentence 1- broad state about workplace law- what is it? Importance? Statistics of %of pop.
in workforce
Sentence 2- how has workplace changed esp the employment contract- structure/ issues/
morals-values-ethics eh master-servant to employer-employee and link to how this change
may cause conflict and require law reform to require law reform to achieve
Sentence 3- cite some examples of law change eg OHS&S 2000 (NSW)- to enforce
workplace safety- justice for victims of industrial accidents (fairness/equity) and punishment
for blatant offenders .
Sentence 4 however- not all legal responses have achieved justice- eg OH&S- corporate
manslaughter- gross violations of OH&S laws- common law negligence OR Workchoices
Act- no justice for collective/individual bargaining
Sentence 5 (optional)- purpose of the paper.
Remember- paraphrase question within intro
Main body
P1.what is justice?- access/equality/equity/fairness/human rights. Show Brief background of
workplace law development- Brief background of workplace law development- development
of the law of employment, ‘laissez-faire’ versus State intervention- development of the master
servant relationship into the employment contract- duties and responsibilities- justice? re
enforceability/access/protection- include common law remedies if contract violated. Contract for
vs of services
P2. Why did common law relationship change? Technology/education/different social
values/morals etc/ growth of labour(trade) unions- lead to statutory developments to supplement
common contracts of services. Dispute resolution and bargaining in Australia was regulated
under s51 (xxxv.) Conciliation and arbitration for the prevention and settlement of industrial
disputes extending beyond the limits of any one State:- emphasised collective bargaining and
state intervention in disputes- lead to development of unique system of Australian awards....
what are they- describe? Effective?
P3 brief outline of the current industrial relations law- enterprise bargaining/individual
bargaining/ workplace relations act 1986/workchoices act 2006/fairwork Australia act 2009all federal govt. Efforts to either regulate or deregulate the labourforce and protect the
rights/responsibilities of er/ees- effective???? Why did awards lose application??? Role of
awards today??? Role of tribunals today??? Balance in favour of ee or ers??? Link to justice
P4 link to industrial conflict- process of settling industrial disputes: definition of an industrial
dispute (breakdown in negotiations: strikes, stand-downs, lock-outs, demarcation disputes,
work-to-rule, secondary boycotts) role of the union, Commonwealth and State powers,
conciliation and arbitration: functions of Industrial Commissioners, compulsory conferences,
fines and deregistration... justice in terms equality.access human rights??? Statistics for
industrial disputes in Australia are low so must achieve some sense of justice. Good
opportunity for case studies!!
P5 termination of employment: dismissal, remedies of individual employees against wrongful
dismissal, and redundancy agreements Good opportunity for case studies!! Justice? Fair work
Australia has re-introduced unfair dismissals
P6/7 other areas of conflict/cooperation- discrimination/safety- Good opportunity for case
studies!! Always use justice definition criteria
Conclusion
Restate the broadness of workplace law- why it’s important (important part of individual’s
life) and how the law must respond to ever-changing social values surrounding workplace
rights vs efficiency/productivity. Restate how some changes (if not most) have strike a good
balance between the ee/er BUT there is still areas of injustice (high incidents of safety
violations/discrimination/ casual workers rights/ ambiguity bet contract for and of services)
that need future law reform to achieve law’s objectives of
equality/access/equity/fairness/human rights.