Essay Homework
Length: 2500 words.
Task:
Write an essay of 2,000 words in length to answer one of a choice (of at least 2 questions) about a theme, issue, policy or principle of employment and industrial law in a structured and analytical manner. Students are also required to write a short 500 word summary of the searches and other activities they conducted in order to collect material for the writing of their essay.
This 500 word search summary may include information on: references to journals and books in the subject outline (and class materials and discussion) which informed an initial research inquiry and lead to other inquiries; the UTS library and other databases which you used to find information; what search terms/Boolean inquiries you used to search within databases; how many hits you discovered under specific searches made; brief text on which searches produced the best information for the particular topic; any other information which illuminates the processes you went through in your research of the essay topic. Tables and dot points may be used in this 500 word research summary.
A bibliography and adequate referencing system must be provided. Specifically, students can use either the Harvard style footnoting system or the Australian Guide to Legal Citation system of footnoting. (The UTS Law Faculty's Guide to Written communication recommends the Australian Guide to Legal Citation version 4.)
Before commencing preparation for this task, it is strongly advisable for students to read the UTS Law Faculty's Guide to Written Communication. This guide has a section on writing an essay in law.
No extension after assessment handed back:
Note that extensions will only be granted on the basis of illness, misadventure or disability.
Extensions will not be granted for a date after the assessment task is handed back to students.
Choose to answer 1 question out of the following questions:
Question I
Critically evaluate the extent to which the JobKeeper's package [including under part 6-4C of the Fair Work Act 2009 (Cth)] fairly determines which workers are eligible and which workers are not eligible for JobKeeper payments.
OR
Question II
Critically evaluate the adequacy of the contract of employment as a method of regulating employment relations.
In your essay include:
i. An accurate account of the wages work bargain, express terms and implied terms of an employment contract (especially those implied terms giving rise to employee duties); and
ii. The direct bargaining process between an individual worker and an employer which leads to the formation of an employment contract including discussion of inequality of bargaining power (if any) between the parties; and
iii. The extent to which the employment contract entrenches the freedom or subordination of the employee; and whether or not the employment contract entrenches the authority of the employer;
iv. The extent (if any) to which legislative intervention is necessary.
OR
Question III
Critically evaluate the adequacy of the industrial and employment law governing employee conduct away from work (which may constitute a breach of an employee duty). In your answer include:
i. An accurate account of the law on conduct away from work which may be a breach of an employee duty; and
ii. An argument about the extent to which the law should or should not empower employers to control the conduct of employees away from work.
Format your homework according to the following formatting requirements:
i) The answer should be typed, using Times New Roman font (size 12), double spaced, with one-inch margins on all sides.
ii) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
iii) Also include a reference page. The Citations and references must follow APA format. The reference page is not included in the required page length.