MBL501 Human Resource

Management Law
SEMINAR 1
WELCOME

•Unit Information
• Assessment
• Contacts
• Learning guide

•LMS
• Access to presentation recordings
• Unit readings (apart from text)
Unit objectives

•What do you think we will be talking about

in this unit?
•What areas of law are relevant to a
human resource manager?
Introduction employment
law
 Law relating to the performance of work
 Individual employment relationship
 Collective relationships
Historical context

•Early work relationships were between

masters and their servants. Also convicts
performed work.
•Governors administered wages & hours of
work rules designed for the colony.
•Australian work relationships have since
been stylised by extensive government
regulation.
Australian style

•English common law adopted

•Australian Constitution created unique
system of industrial relations
• collective view
• ongoing & dynamic relationships
• compulsory arbitration began in 1904
•dispute resolution processes
•enforceability of tribunal decisions
Sources of obligation

• Common law contract

1. Identifies the employment relationship as a
contractual one, a special type of contract
2. Interpretation of legislation, awards &
agreements
3. Implies terms into the contract
More sources

• Legislation
1. New standards
2. Procedures for asserting rights
3. Clarification of common law
Federal & state legislation
•Federal system, applicable to most
employers
• Federal (or national) system in the Fair Work Act
2009
• Australian Constitution empowers federal
government; division of powers
• s51 powers, and s109 inconsistency principle
•State (colonial) systems pre-existing and
retained for some employers and employees
•S51(37) referral of powers, state systems
to federal system; except WA
Other regulation

• OSH, except WA and Vic

• State workers compensation
systems
• Anti-discrimination legislation, both
state and federal
Regulatory bodies

•Fair Work Commission

•Fair Work Ombudsman
•Federal Court of Australia
•Federal Circuit Court
•Other tribunals
• E.g. Australian Human Rights
Commission, Fair Work Building and
Construction
International standards

• United Nations
• International Labour Organisation
• Conventions, Declarations & Recommendations
• Part of Fair Work legislation based on Australia’s
ILO membership and ratification of particular
ILO agreements, e.g.. Termination of
employment provisions relating to temporary
absence, prohibited discrimination grounds,
union membership, etc.
Sources of relevant law

•Individual work relationships form

contracts.
•They are subject to statutes like the Fair
Work Act 2009 and other regulatory
instruments.
• National Employment Standards AND
• Modern awards OR enterprise agreements
•Case law provides precedents for the
rights and responsibilities of the parties.
IRAC approach

I : Identify legal issue – that means isolating the

issue without any facts, and focussing on the topic of
law that is relevant
R: Relevant law (cases and legislation) – that means
discussing the case law and or legislation that
illuminates the topic of law that is relevant, and not
discussing any of the facts
A: Apply law (to the facts) – now its time to discuss
how the cases and legislation can be applied to the
facts; no new cases or legislation are mentioned at
this stage
C: Conclude (on the factual issue) – conclude on the
question asked with reference to the facts; no new
cases or legislation are mentioned at this stage