2021 LAWS4228 Essay Questions PDF

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Essay topics choices and instructions
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2021/2022...

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LABOUR LAW – LAWS4228 Semester 2, 2021 Research Essay Instructions and Guidelines Details of task: Each student is to select and answer ONE of the available essay questions. This assessment task addresses learning outcomes 1 and 3. Nature of Task: Compulsory and non-redeemable. Non-submission of this task will result in a 0 for the task. Weighting: 50% Release: 9am, Monday, 26 July 2021 via Wattle. Due date: 5pm Monday, 25 October 2021 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. Word limit: 2000 words Penalties for excess word length: Penalties for excess word length will be applied. Refer to the ANU College of Law website for default word length penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-andexcess-word-penalties. Note, in particular, the following statement from the College's word length policy: ‘The footnotes will not be counted, and substantive material (other than references and citations) in the footnotes will not be assessed.’ Word count declaration: Please include a total word count at the end of your essay. The word count does not include footnotes or the bibliography. Referencing Requirements: Refer to the current edition of the AGLC. A bibliography must be included. Estimated return date: Official end of semester results release date via Turnitin. Assessment Criteria: Students will be assessed in accordance with the following criteria: Analysis a. Clear articulation of the relevant issues and relevant law b. Presentation of a logical argument that addresses the question and engages with the relevant issues c. Critical analysis of the relevant issues Research a. Use of an appropriate range of primary and secondary sources that are relevant to the topic b. Depth and breadth of research

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Organisation and Structure a. Clear and coherent structure b. Construction of a sustained argument throughout the essay Expression a. Clear and precise expression b. Accurate spelling and grammar Citation and Referencing a. Citation and referencing which complies with the most recent edition of the Australian Guide to Legal Citation The marking rubric is available on WATTLE ANU College of Law Grading Standards: https://law.anu.edu.au/grading ‘High Distinction: work of exceptional quality, which demonstrates comprehensive understanding of the subject matter, mastery of relevant skills, sophisticated or original critical and conceptual analysis, and outstanding quality in clarity, precision and presentation of work Distinction: work of superior quality, which demonstrates a thorough knowledge and understanding of the subject matter, proficiency in relevant skills, and analytical and conceptual ability of a high order Credit: work of good quality, which displays a good understanding of the subject matter and a sound grasp of relevant skills Pass: work of satisfactory quality, which displays an adequate understanding of most of the subject matter and a sufficient grasp of relevant skills Fail: work which is incomplete or displays an inadequate understanding of the subject matter or an inadequate grasp of relevant skills. ’

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Research Essay Questions 1. In an article in the Australian Bar Review,1 Nicholas Saady analyses the decision of the High Court of Australia in Board of Bendigo Regional Institute of Technical and Further Education v Barclay2 along with related decisions. Saady contends that ‘the Barclay approach most effectively balances the interests of the parties to adverse action claims.’3 Do you agree with this statement? Explain why or why not, with reference to the relevant law and literature. 2. In a recent article in the Australian Journal of Labour Law,4 Alison Pennington makes the following observation: Australia’s collective bargaining regime has been weakening for many years; since 2013, this gradual decline has turned into a more dramatic collapse. The current enterprise-level regime is clearly failing to extend the effective capacity to collectively bargain to most Australian workers. A more viable and genuine system of collective bargaining will require the development of new bargaining instruments, and new measures to support and resource collective representation and genuine negotiations.5 Pennington’s proposals for reform of the collective bargaining system include, among other things, ‘[w]idening the scope of bargaining to occur at multi-firm or industry levels.’6 Critically evaluate this particular reform proposal. Do you agree with it? Explain why or why not, with reference to the relevant law and literature. 3. ‘The best way to tackle wage theft is to criminalise it.’ Do you agree with this statement? Explain why or why not, with reference to the relevant law and literature.

1 Nicholas Saady, ‘The Balance of Barclay: An Analysis of the Methods Used to Determine “Adverse Action” Cases’ (2018) 45(1) Australian Bar Review 62. 2 (2012) 248 CLR 500. 3 Saady (n 2) 85. 4 Alison Pennington, ‘The Fair Work Act and the Decline of Enterprise Bargaining in Australia’s Private Sector’ (2020) 33(1) Australian Journal of Labour Law 68. 5 Ibid 85. 6 Ibid.

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