Posted: September 13th, 2017

Journal 1

Link for Article

http://www.gladstoneobserver.com.au/news/150-Bechtel-staff-set-to-strike-at-Curtis-Island/2323239/

Assignment Details
Total of 2000 words (including all footnotes).

Instructions for Employment Law Journal:
In each discussion of the article you must outline the relevant law/s touched on by the article and where relevant specify the legislation in questions and specific

sections of the legislation that are discussed.  In addition it may be necessary to discuss relevant reported legal cases that create relevant legal precedents that

relate to the law or legal issue discussed in the media article. You should aim to write about the same number of words, ie, about 2000 words, in relation to the

article, but this word limit is an indicator and not a strict word limit for each article.  However, please note the overall word limit set out above.
Please ensure that there is a Bibliography that relates to the article involved

SOME NOTES ON SOURCES FOR YOUR ASSIGNMENTS

Sources for legal articles come in a variety of forms. The main distinction is between ‘primary’ and ‘secondary’ sources.

Primary sources are (i) actual case reports – sourced from the appropriate report of the case, and (ii) statutes (legislation.) You can find legislation on various

databases. For example – the Fair Work Act can be found on comlaw.gov.au

Secondary sources are basically everything else. They range in terms of credibility and authority. Perhaps the most authoritative are journal articles written by

academic experts in their particular field. Even here, however, you should recognise that what you are reading, however authoritative it sounds, is usually just

someone’s opinion about the law, rather than the law itself. The same goes for a whole range of other secondary sources, including such things as textbooks, the Fair

Work site you have been referred to at various times in this unit, and  that old favourite – Wikipedia.

Each of these can be very useful – but in different ways. A textbook – such as Stewart on Employment Law is obviously a very useful guide as to what the law is. But it

is not the law. It is still an opinion – although a very well informed one. If you want to know what ‘the law’ is – you need to read the primary sources, ie, the

legislation – and the court decisions that have interpreted and applied that legislation. So – a source like Wikipedia might give you a first overview of an area when

you are starting out and no very little about t. But it is not a source you can simply rely on without more. You don’t know who wrote it or whether it is still up to

date. And it routinely oversimplifies matters and leaves out important things. So – you need to look more deeply before you get to sources you can start to rely upon.

So – what sources should you use in your assignments? Obviously, the best sources are the primary ones. The best students will go direct to these and use them in their

papers. Those students will get the highest marks for referencing. But that is not to say that you can’t find a lot of useful information from secondary sources. For

example, in this unit, it makes complete sense for you to spend a good deal of time on the Fair Work website,  looking at all the information which is available there.

You could teach yourself a good deal about employment law if you spent enough time on that site. After all, what has happened there is that the people at Fair Work

have spent a lot of time trying to digest the primary sources into a more accessible form – particularly for everyday business people who may not have extensive legal

training, but still need to understand their legal rights and obligations in the employment law field. But you will see that that these guides themselves still refer

to the legislation and to various court and tribunal decisions. And so should you if you want to do as well as possible. SO – use secondary sources by all means – but

do not limit yourself to them.

REFERENCING AND CITATION

As this is a business law unit with a practical focus, we try not to be too pedantic about referencing. But there are some ground rules that are VERY important. The

first is that you ALWAYS clearly refer to your sources. This is a matter of intellectual honesty. It is also a matter of proving that you understand the material in

the unit. If we can’t be sure of that – then we simply cannot pass you. So – when you are quoting something from a source – whether it is primary or secondary – you

MUST put the quote in quotation marks –and you should insert an appropriate footnote. Remember that Turnitin allows us to detect every sentence (and even small parts

of sentences) that has been copied from any internet source – or even from other student papers.

When you are using footnotes, make sure that you reference the actual page or paragraph that you have taken the quote from. This helps us to find that page and see

whether the quote is accurate – or is perhaps taken out of context etc – or whether it really supports the position you are taking in your paper.

You will not lose marks for minor matters such as punctuation in footnotes, the use or non-use of italics, etc – as long as you follow the basic rule – which is that

the footnote should always allow the reader to easily identify the source that is being used – and the page. You can find further information about footnoting by

looking at the Australian Guide to Legal Citation (3rd ed) – google it! But as long as you understand the point of referencing and footnoting – and follow these

guidelines above – you should be OK.

If you are accessing internet sources – then be sure to clearly identify those sources and how your marker can find them. Eg, you should give the URL to any document

son the Fair Work site. (We would not advise writing your paper on the basis of Wikipedia – even if you have read it..!!) If you are citing a primary source – or even

a journal article – which you found on the internet, you do NOT actually need to give a web address – as the internet versions of these are just identical copies of

the hard copies – with the same page numbers etc.

•    The required textbook(s) for this unit are:
•    Andrew Stewart, Stewart’s Guide to Employment Law, 4th Edition, (2013) Federation Press, Annandale, Sydney.
There are many other resources that you can draw on to assist you in your study of employment law. Many useful sites are linked to the scoop.it page created for this

unit: www.scoop.it/t/employment-law-302

Other references and links are provided below:
Legislation:
Fair Work Act 2009 (Cth) – available on the internet at website: www.comlaw.gov.au/ or www.austlii.edu.au/au/legis/cth/num_act/2009
Industrial Relations Act 1979 (WA) – available at website www.slp.wa.gov.au
Minimum Conditions of Employment Act 1993 (WA) – available at website www.slp.wa.gov.au
References:
It is not necessary to purchase the following materials, however you might find them useful for this unit and other law and employment law related units. In every

case, check and see if there is a new edition as texts in this field are regularly updated
Butterworths Employment and Law Dictionary, 1997, Butterworths, Sydney
Brookes B., Contract of Employment, 1992, 4th Ed, CCH Aust Ltd
Creighton B and Stewart A. Labour Law, 2010, 5th Ed, The Federation Press, Annandale, NSW.
Sappideen C., O’Grady P. & G Warburton, Macken’s Law of Employment, 2011, 7th Ed, Thompson Reuters, Sydney
Owens R.and Riley J., The Law of Work, 2010, 2nd Ed, Oxford University Press, South Melbourne
Pittard M.J. and Naughton R.B., Australian Labour Law: Cases & Materials, 2010, 5th Ed, Lexis Nexis Butterworths Sydney
Price R., Principles of Employment Law, 4th Ed, 2012, Thompson Reuters, Sydney
van der Waarden N., Employment Law: An Outline, 2009, 2nd Ed., LexisNexis Butterworths, Sydney
Most of these references are available in the Curtin Library. (You should always use the latest edition of any text).
Web Resources:
There is a Blackboard site to assist you to learn for this unit. You must refer to this. It is the starting point for your studies. Blackboard can be accessed from the

Curtin website, via OASIS under the
“My Studies” tab. The URL is: www.oasis.curtin.edu.au
Internet websites:
The following internet websites are very useful (and linked many are already linked to the scoop.it page noted above):
http://www.fairwork.gov.au/Pages/default.aspx  Fair Work Ombudsman website (Commonwealth Dept). (Includes federal awards and agreements)
http://www.austlii.edu.au/databases.html  Austlii (Legislation and case law reports)
https://www.fwc.gov.au    Fair Work Commission (Includes recent decisions)
http://www.actu.asn.au   ACTU

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