Instructions
Select ONE of the following questions, research the topic and draft an essay answering all parts of the question: Q1. “While Australian women’s educational attainment has steadily increased over the past two decades, the gender pay gap hasn’t budged. Shadow Treasurer Chris Bowen MP, The Case for Gender Equality, speech delivered on 26 June 2017 to the Women in Economics Network.
Identify three key issues, challenges or obstacles that Australian women workers uniquely or disproportionately face. Discuss the main labour laws that apply to these matters and critically evaluate whether law reform is desirable. If so, what reforms do you suggest?
OR Q2.
Consider the Fair Work Commissions decision in Penalty Rates [2017] FWCFB 1001 and the judicial review of the decision in Shop, Distributive and Allied Employees Association v The Australian Industry Group [2017] FCAFC161. Identify the arguments for and against reductions to weekend penalty rates in the hospitality and retail sectors. Evaluate what arguments are most compelling, giving reasons.
OR
Q3.
“Employment insecurity now pervades many workplaces and industry sectors especially in the service sector but also in areas such as manufacturing and warehousing. The ACTU estimates that around 40% of jobs are insecure mainly as casual and fixed term contract. So workers make accommodations to the reality of what they can get to earn a basic living but that doesnt mean it is an easy or desirable set of choices. Veronica Sheen Labour in Vain: casualisation presents a precarious future for workers, The Conversation, 25 June 2012 “Historically, independent contractors have preferred their working arrangements to traditional employment relationships, and this tendency appears to be continuing in the sharing economy. Hall J and Kruger A, An Analysis of the Labor Market for Ubers Driver-Partners in the United States 22 January 2015.
Is the modern gig economy in a deregulated Australian workforce a recipe for exploitation or an opportunity for both increased commercial activity and worker autonomy? Should the law encourage or restrain the gig economy?
OR
Q4.
Does Australian labour law assist or hinder the employment of individuals with disabilities? Does it assist or hinder the employment of individuals with criminal records? For both, assess whether the right balance between social inclusion, freedom of commercial activity and protection of the public been struck. Suggest any proposals for law reform you consider to be necessary or desirable. Students will be assessed on: Responsiveness to the essay question,
Capacity to present information and concepts succinctly and in an easily understandable manner,
Evidence of synthesis and contextual understanding of the law and policy,
Quality of analysis of the selected issue/problem (including degree of original thought),
Quality of research,
Observation of grammar and punctuation conventions, and
Adoption of expression and style appropriate to a legal essay (including use of an introduction summarising the content to be discussed, appropriate paragraph use for each idea, development of an argument throughout the essay and a conclusion explaining the conclusions reached by the author as a result of their analysis).
You are required to use the AGLC footnote citation format in this assessment task and to observe the punctuation, grammar and related conventions of AGLC Rule 1 and provide sufficient information to identify sources upon which you rely.
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