OCHS3001 Health and Safety Industrial Relations Semester 1 ...ctl.curtin.edu.au/teaching_learning_services/unit... · l Creighton, B & Stewart, A. (2010) Labour Law (5th ed). NSW:

Unit study package code: OCHS3001

Mode of study: Fully Online

Tuition pattern summary: This unit does not have a fieldwork component.

Credit Value: 25.0

Pre-requisite units:6494 (v.0) Injury Management and Workers' Compensation 281 or any previous version OR OCHS2003 (v.0) Injury Management and Workers Compensation or any previous version

AND

311348 (v.0) Introduction to Health, Safety and Environment 181 or any previous version OR 303855 (v.0) Introduction and Practice of Occupational Health and Safety 283 or any previous version OR PUBH1001 (v.0) Introduction to Health, Safety and Environment or any previous version

AND

310112 (v.0) Safety and Environmental Health Law 265 or any previous version OR BLAW2011 (v.0) Safety and Environmental Health Law or any previous version

Co-requisite units: Nil

Anti-requisite units: Nil

Result type: Grade/Mark

Approved incidental fees: Information about approved incidental fees can be obtained from our website. Visit fees.curtin.edu.au/incidental_fees.cfm for details.

Unit coordinator:

Title: DrName: Janis JanszPhone: +618 9266 3006Email: [email protected]

Unit Outline

OCHS3001 Health and Safety Industrial Relations Semester 1, 2016

Faculty of Health SciencesSchool of Public Health

OCHS3001 Health and Safety Industrial Relations Bentley Campus 18 Feb 2016 School of Public Health, Faculty of Health Sciences

Page: 1 of 15CRICOS Provider Code 00301J

The only authoritative version of this Unit Outline is to be found online in OASIS

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Location: Building: 400 - Room: 331

Teaching Staff: Name: Heather MillarPhone: 92663006Email: [email protected]: Building: 400 - Room: 352

Administrative contact: Name: School of Public Health Student Support OfficePhone: + 61 8 9266 7927Email: [email protected]: Building: 400 - Room: 310 (reception)

Learning Management System: Blackboard (lms.curtin.edu.au)

Faculty of Health Sciences School of Public Health




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Acknowledgement of Country We respectfully acknowledge the Indigenous Elders, custodians, their descendants and kin of this land past and present.

Syllabus This unit will explore the practices of industrial relations and employment law, and how these impact on occupational health and safety practices in the workplace. The framework, functions and practices of industrial relations and employment law will be explored. We will review the effects each discipline has on achieving organisational goals and objectives in relation to occupational health and safety.

Introduction This unit of study covers the practice and changes in occupational health and safety laws in the workplace. It provides the legal framework, functions and practices in the context of industrial relations and employment law. It explores issues related to the application of occupational health and safety laws.

Unit Learning Outcomes All graduates of Curtin University achieve a set of nine graduate attributes during their course of study. These tell an employer that, through your studies, you have acquired discipline knowledge and a range of other skills and attributes which employers say would be useful in a professional setting. Each unit in your course addresses the graduate attributes through a clearly identified set of learning outcomes. They form a vital part in the process referred to as assurance of learning. The learning outcomes tell you what you are expected to know, understand or be able to do in order to be successful in this unit. Each assessment for this unit is carefully designed to test your achievement of one or more of the unit learning outcomes. On successfully completing all of the assessments you will have achieved all of these learning outcomes.

Your course has been designed so that on graduating we can say you will have achieved all of Curtin's Graduate Attributes through the assurance of learning process in each unit.

Curtin's Graduate Attributes

On successful completion of this unit students can:Graduate Attributes addressed

1 Explain the framework, basis and major issues involved in industrial relations and employment law

2 Explain the role and objectives of the four main parties involved in industrial relations

3 Analyse how the objectives of the four main parties involved in industrial relations impact on the management of occupational health and safety

4 Analyse and evaluate how the management of occupational health and safety impacts on the management of industrial relations and employment law, and vice versa

5 Devise practical solutions to problems that arise in the interaction of the management of industrial relations, employment law and occupational health and safety within organisations

Apply discipline knowledge Thinking skills (use analytical skills to solve problems)

Information skills (confidence to investigate new ideas)

Communication skills Technology skillsLearning how to learn (apply principles learnt to new situations) (confidence to tackle unfamiliar problems)

International perspective (value the perspectives of others)

Cultural understanding (value the perspectives of others)

Professional Skills (work independently and as a team) (plan own work)

Find out more about Curtin's Graduate attributes at the Office of Teaching & Learning website: ctl.curtin.edu.au





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Learning Activities Lectures will provide an opportunity for students to participate and explore in detail information related to the learning outcomes of this unit of study. Students are expected to prepare for the lecture by reviewing the sources of information given in the first lecture, participate in class discussions, and engage in analytical review of the emerging issues that affect industrial relations and work health and safety.

Tutorials will provide students with an opportunity to participate in identifying and problem solving current issues and generate discussion on topics, including methods to manage work health and safety and industrial relations in the current market.

Learning Resources Essential texts

The required textbook(s) for this unit are:

l Stewart, A. (2015). Stewart’s Guide to Employment Law (5th ed.). Armadale, NSW: The Federation Press

(ISBN/ISSN: 9781862879935)

Other resources

You do not have to purchase the following legislation and textbooks but you are likely to refer to them.

l Sappey, R, Burgess, J, Lyons, J & Buultjens, J. (2006) Industrial relations in Australia: Work and workplaces. Frenchs Forest: Pearson. This text comes with a supplement which is provided by the publisher to include more recent developments in the IR field.

l Forsyth, A. & Stewart, A. (2009). Fairwork – The new workplace laws and the Work Choices legacy. Armadale, NSW: The Federation Press.

l Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth).

l Safe Work Australia Act 2008 (Cth)

l Work Health and Safety Act 2011 (Cth)

l Industrial Relations Act 1979 (WA)

l Occupational Safety and Health Act 1984 (WA)

l Occupational Safety and Health Regulations 1996 (WA)

l Mines Safety & Inspection Act 1994 (WA) and Regulations 1995 (WA)

l Workers Compensation & Injury Management Act 1981 (WA)

l Minimum Conditions of Employment Act 1993 (WA)

l Long Service Leave Act 1958 (WA)

l Disabilities Service Act 1986 (WA)

l Equal Opportunity Act 1984 (WA)

OTHER SIGNIFICANT REFERENCES

l Alexander, R & Lewer, J, Gahan, P. (2008) Understanding Australian Industrial Relations (7th ed). Southbank: Thomson.

l Balnave, N, Brown, J, Maconachie, G, and Stone, R (2007). Employment Relations in Australia, QLD: Wiley & Sons

l Bray, M, Deery, S, Walsh, J & Waring, P. (2005) Industrial Relations: A contemporary approach (3rd ed). North Ryde: McGraw Hill





l Creighton, B & Stewart, A. (2010) Labour Law (5th ed). NSW: The Federation Press.

l National review into model occupational health and safety laws: second report / Australian Government (2009). ACT: Department of Education, Employment and Workplace Relations.

JOURNALS

The best way to keep up to date in the IR/ER field is to read current material in academic journals and newsletters. Below is a list of journals which you may wish to consult.

Australian Bulletin of Labour

British Journal of Industrial Relations

Employee Relations

Industrial Relations and Management newsletter

Journal of Industrial Relations

Labour and Industry

Relations Industrielles

Work and People

Work, Employment and Society

Workforce (Newsletter)

Workplace Safety

Journal of health, safety and environment

The Journal of occupational health and safety, Australia and New Zealand





Assessment Assessment schedule

Detailed information on assessment tasks

1. The previous information under Current Assessment Schedule is incorrect but cannot be changed as it is part of an automatic program. Below is the correct information for assessment one.

Assessment 1 – Tutorial Oral Presentations

Due: Ongoing assessment each week during semester 1 from week 2 to week to week 13

Presentation topics are included in the unit study calendar for each week under the heading of Tutorial Topics.

Marking Guide

l Summarize and introduce what you consider to be the main aspects of the topic.

l Describe the content and issues of each of these in a structured manner to enable clear understanding.

l Present conclusions or recommendations (as appropriate).

You should define the scope of your presentation and clarify this in your opening remarks.

You are allowed 15 minutes to present and discuss your topic.

This assignment is intended to: l allow you to reflect and contribute to the subject under consideration; l help you to gain confidence in presenting information orally; l work co-operatively with other students who choose the same week; l improve your technical presentation skills using PowerPoint or similar as appropriate.

If there are two or more presenters for a chosen topic, each will cover distinct different areas and you will be marked individually.

As well as giving an oral presentation on campus you must provide a readable hard copy of your power point presentation (3 slides per page) on the day of your presentation. You must test your presentation to ensure it will work with the equipment before the due date, even if it is not completely finished.

Task Value % Date DueUnit Learning Outcome(s)

Assessed

1Presentation 10 percent Week: As allocated

Day: As allocated Time: 1400

5

2In class test 15 percent Week: 7

Day: Friday Time: 2359

1,2

3

Assignment 1 - Essay 25 percent Week: Examination week 1 or 2 Day: To be notified Time: To be notified

3,4

4Examination 50 percent Week: Nil

Day: Nil Time: Nil

3,4,5





External students: You must include narrated speaker’s notes below a hard copy of your PowerPoint slides and submit by 2pm on Tuesday the week of the presentation topic chosen by you and approved by the Lecturer.

If you choose you can also videotape your presentation and up load this video onto Blackboard for viewing with your power point presentation.

Interaction with audience is to be simulated. Prepare a question, and answer it, as if an audience member asked and you answered in a real tutorial.

2. Assignment 2 in the Assessment Schedule is incorrect but cannot be changed as it is part of an automatic program. Below is the correct assignment 2.

Assignment 2 – Research Paper Due: Friday 15th April, 2016. This assignment is worth 40 marks.

Instructions. Prepare a 1,000 to 1,500 paper with headings to address the following factors.

l Analyse an employment law case that involves a work health, safety and/or industrial relations issues.

l Discuss the facts, the issues and law(s) involved, the arguments raised and the outcomes reached.

l Explain why you agree/disagree with the outcomes? l After analysing the case discuss whether you see a need for legislative

development? Justify your answer.

Please include word count on the cover page. Footnotes are not counted if they contain mainly references. End text reference list is not included in the word count. Use 12 point Arial font, at least 1.5 spacing and 2.5 cm margins. Do not exceed the word limit as extra words will not be read.

Marking Rubric

Assessment Criteria Marks (20)

Presentation: effective communication, slides, visuals and use of technology. 3

Content: material is clear, concise, accurate and referenced. 10

Interaction with audience: prepared questions and other devices to assist discussion. 5

Conclusion: summarized points; closure within time limit. 2

Total 20

High Distinction 5

Distinction; Credit 3 - 4

Pass 2.5

1 Introduction & headings

Clear and concise introduction of coverage & intent of the paper. Clear headings. Strong evidence

Introduction of coverage & intent of the paper. Clear headings. Evidence of topic comprehension.

Introduction included. Used headings. Some evidence of topic comprehension.





3. Below is the correct assessment 3.

Assessment 3 is a 2 hour closed book exam. This exam will assess your achievement of learning objectives 1.2.3.4 and 5. The exam is worth 40% of the unit marks.

4. There is no assessment 4.

Pass requirements

Students must achieve a Final Mark of 50 or greater to pass this unit.

Fair assessment through moderation

Moderation describes a quality assurance process to ensure that assessments are appropriate to the learning outcomes, and that student work is evaluated consistently by assessors. Minimum standards for the moderation of assessment are described in the Assessment and Student Progression Manual, available from policies.curtin.edu.au/policies/teachingandlearning.cfm

Late assessment policy

This ensures that the requirements for submission of assignments and other work to be assessed are fair, transparent, equitable, and that penalties are consistently applied.

1. All assessments students are required to submit will have a due date and time specified on this Unit Outline.

of topic comprehension

12 - 15 8 - 11 7.5

2 Discussion & Content

Evidence of critical thinking. Strong analysis of issues, logical argument and good suggestions for improvement. Application of relevant laws & cases.

Evidence of critical thinking and analysis of issues. Application of relevant laws & cases with some good suggestions & argument.

Some evidence of critical thinking & suggestions. Mentions laws & cases but does not argue effectively.

8 - 10 6 - 7 5

3 Conclusion Concise & strong conclusion logically derived from the discussion.

Conclusion logically derived from the discussion.

Conclusion included but not well linked to the discussion.

5 3 - 4 2.5

4 Literature review, citation & referencing.

Evidence of extensive relevant reading; scholarly sources; high quality review in own words & accurate referencing throughout.

Evidence of relevant reading; review in own words & accurate referencing throughout.

Evidence of relevant reading; review in own words & mostly accurate referencing.

5 3 - 4 2.5

5 Formatting & English (grammar & spelling).

Consistent formatting; correct font size, spacing & margins; page numbers; accurate grammar & spelling; included word limit. Use of tables & bullet points effectively.

Consistent formatting, correct font size, spacing & margins; page numbers; accurate grammar & spelling; included word limit. Use of bullet points.

Acceptable formatting, correct font size, spacing, margins, page numbers, grammar & spelling; included word limit. Use of bullet points.





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2. Students will be penalised by a deduction of ten percent per calendar day for a late assessment submission (eg a mark equivalent to 10% of the total allocated for the assessment will be deducted from the marked value for every day that the assessment is late). This means that an assessment worth 20 marks will have two marks deducted per calendar day late. Hence if it was handed in three calendar days late and given a mark of 16/20, the student would receive 10/20. An assessment more than seven calendar days overdue will not be marked and will receive a mark of 0.

Assessment extension

A student unable to complete an assessment task by/on the original published date/time (eg examinations, tests) or due date/time (eg assignments) must apply for an assessment extension using the Assessment Extension form (available from the Forms page at students.curtin.edu.au/administration/) as prescribed by the Academic Registrar. It is the responsibility of the student to demonstrate and provide evidence for exceptional circumstances beyond the student's control that prevent them from completing/submitting the assessment task.

The student will be expected to lodge the form and supporting documentation with the unit coordinator before the assessment date/time or due date/time. An application may be accepted up to five working days after the date or due date of the assessment task where the student is able to provide an acceptable explanation as to why he or she was not able to submit the application prior to the assessment date. An application for an assessment extension will not be accepted after the date of the Board of Examiners' meeting.

Deferred assessments

If your results show that you have been granted a deferred assessment you should immediately check your OASIS email for details.

Deferred examinations/tests will be held from 20/07/2016 to 22/07/2016 . Notification to students will be made after the Board of Examiners’ meeting via the Official Communications Channel (OCC) in OASIS.

Supplementary assessments

Supplementary assessments are not available in this unit.

Referencing style

The referencing style for this unit is APA 6th Ed.

More information can be found on this style from the Library web site: http://libguides.library.curtin.edu.au/referencing.

Copyright © Curtin University. The course material for this unit is provided to you for your own research and study only. It is subject to copyright. It is a copyright infringement to make this material available on third party websites.

Academic Integrity (including plagiarism and cheating) Any conduct by a student that is dishonest or unfair in connection with any academic work is considered to be academic misconduct. Plagiarism and cheating are serious offences that will be investigated and may result in penalties such as reduced or zero grades, annulled units or even termination from the course.

Plagiarism occurs when work or property of another person is presented as one's own, without appropriate acknowledgement or referencing. Submitting work which has been produced by someone else (e.g. allowing or contracting another person to do the work for which you claim authorship) is also plagiarism. Submitted work is subjected to a plagiarism detection process, which may include the use of text matching systems or interviews with students to determine authorship.

Cheating includes (but is not limited to) asking or paying someone to complete an assessment task for you or any use of unauthorised materials or assistance during an examination or test.

From Semester 1, 2016, all incoming coursework students are required to complete Curtin’s Academic Integrity Program (AIP). If a student does not pass the program by the end of their first study period of enrolment at Curtin,





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their marks will be withheld until they pass. More information about the AIP can be found at: https://academicintegrity.curtin.edu.au/students/AIP.cfm

Refer to the Academic Integrity tab in Blackboard or academicintegrity.curtin.edu.au for more information, including student guidelines for avoiding plagiarism.

Information and Communications Technology (ICT) Expectations Curtin students are expected to have reliable internet access in order to connect to OASIS email and learning systems such as Blackboard and Library Services.

You may also require a computer or mobile device for preparing and submitting your work.

For general ICT assistance, in the first instance please contact OASIS Student Support: oasisapps.curtin.edu.au/help/general/support.cfm

For specific assistance with any of the items listed below, please contact The Learning Centre: life.curtin.edu.au/learning-support/learning_centre.htm

l Using Blackboard, the I Drive and Back-Up files l Introduction to PowerPoint, Word and Excel

Additional information Enrolment

It is your responsibility to ensure that your enrolment is correct - you can check your enrolment through the eStudent option on OASIS, where you can also print an Enrolment Advice.

Student Rights and Responsibilities It is the responsibility of every student to be aware of all relevant legislation, policies and procedures relating to their rights and responsibilities as a student. These include:

l the Student Charter l the University's Guiding Ethical Principles l the University's policy and statements on plagiarism and academic integrity l copyright principles and responsibilities l the University's policies on appropriate use of software and computer facilities

Information on all these things is available through the University's "Student Rights and Responsibilities" website at: students.curtin.edu.au/rights.

Student Equity There are a number of factors that might disadvantage some students from participating in their studies or assessments to the best of their ability, under standard conditions. These factors may include a disability or medical condition (e.g. mental illness, chronic illness, physical or sensory disability, learning disability), significant family responsibilities, pregnancy, religious practices, living in a remote location or another reason. If you believe you may be unfairly disadvantaged on these or other grounds please contact Student Equity at [email protected] or go to http://eesj.curtin.edu.au/student_equity/index.cfm for more information

You can also contact Counselling and Disability services: http://www.disability.curtin.edu.au or the Multi-faith services: http://life.curtin.edu.au/health-and-wellbeing/about_multifaith_services.htm for further information.

It is important to note that the staff of the university may not be able to meet your needs if they are not informed of your individual circumstances so please get in touch with the appropriate service if you require assistance. For general wellbeing concerns or advice please contact Curtin's Student Wellbeing Advisory Service at: http://life.curtin.edu.au/health-and-wellbeing/student_wellbeing_service.htm





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http://life.curtin.edu.au/learning-support/learning_centre.htm

http://students.curtin.edu.au/rights/

mailto:[email protected]

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http://www.disability.curtin.edu.au/

http://life.curtin.edu.au/health-and-wellbeing/about_multifaith_services.htm

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Recent unit changes Students are encouraged to provide unit feedback through eVALUate, Curtin's online student feedback system. For more information about eVALUate, please refer to evaluate.curtin.edu.au/info/.

Recent changes to this unit include:

Study materials have been updated.

To view previous student feedback about this unit, search for the Unit Summary Report at https://evaluate.curtin.edu.au/student/unit_search.cfm. See https://evaluate.curtin.edu.au/info/dates.cfm to find out when you can eVALUate this unit.





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Program calendar

Lectures & Tutorials are on Wednesdays from 2-5pm in Building: 201 Room 710

Health & Safety Industrial Relations

Week Wed.

Class date

Lecture Topic Tutorial Topic Assessment Due

1. 2 March

Introduction to OHS (Definition and purposes).

Commonwealth and State laws.

Evolution and sources of law.

Discussion of unit requirements. Allocation of tutorial presentations.

2. 9 March

Fair Work Australia.

FW Ombudsman.

WAIRC.

Methods of resolving disputes.

Provide a briefing on:

1. WorkSafe (WA or your relevant state); or

2. WorkCover (WA or your relevant state); or

3. Comcare; or

4. Safe Work Australia.

What is its purpose? What does it do? Where does it get its power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

Each student should choose a different agency.

Assignment 1 is an ongoing student Tutorial assessment from weeks 2 to 13.

3. 16 March

Industrial Relations/ Labour law in Australia: Framework and concepts.


1. FWC; or

2. FW Ombudsman; or

3. WAIRC; or

4. WA Department of Commerce.

What is its purpose? What does it do? Where does it get its power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

Each student should choose a different topic.

4. 23 March

Common law duties.

Statutory duties.

Provide a briefing on how the Fair Work Ombudsman:

1. Educates people about their workplace rights & obligations.





The parties: employers, employees and others.

The employment contract.

2. Investigates breaches of people’s workplace rights.

3. Addresses IR complaints compared to OSH complaints.

4. Prosecutes breaches of IR/OHS Laws.

Ensure that you chose a different point to the other students undertaking this tutorial assessment.

5 30 March

TUITION FREE WEEK

6. 6 April

EEO.

Discrimination, bullying & harassment.

1. What does ‘control of workplace’ mean under section 22 of OSH Act? What penalties apply to breaches? Refer to cases.

2. Provide an analysis of a common law duty relating to employment law using case examples not discussed in the lecture.

3. Provide an analysis of a statutory duty relating to employment law using case examples not discussed in the lecture.

7. 13April

‘General Protections’ under the FW Act.

Employment Standards and minimum conditions.

1. Is bullying & harassment an OSH issue? Refer to cases.

2. What is the procedure to address bullying at work under the Fair Work Act?

3. Research reasons why the Federal Parliament felt it necessary to legislate bullying in the Fair Work Act.

4. Provide a briefing on the Australian Human Rights Commission. What is its purpose? What does it do? Where does it get its power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

Assessment 2

15th April

8 20 April

TUITION FREE WEEK

9 27 April

The role of Trade Unions in industrial relations.

1. Discuss the right to ‘refuse to do unsafe work’ under section 26 of the OSH Act. Refer to cases.

2. Discuss section 19 of the OSH Act? Refer to cases. Is this section necessary given common law duties and/or contractual duties?

3. Discuss section 20 of the OSH Act? Refer to cases. Is this section necessary given common law duties and/or contractual duties?

10. 4 May

Government bodies involved in industrial relations.

The role of Employer Associations in industrial relations.


1. the C.F.M.E.U; or

2. the A.W.U; or

3. the M.W.U; or

4. the M.U.A





Who does it protect? How does the Union deal with workplace health & safety problems (Federal & State)? Refer to cases

11. 11 May

Workers compensation.

The role of Safe Work Australia in industrial relations


1. the Business Council of Australia; or

2. the Australian Chamber of Commerce and Industry; or

3. the Australian Federation of Employers and Industries; or

4. the Public Sector Commissioner (WA or your relevant State)

Who does it protect? How does the organization deal with workplace health & safety problems? Refer to cases.

12. 18 May

Termination of Employment.

Remedies for unfair or constructive dismissal.

1. How does the WC&IM Act deal with injuries in the workplace caused by stress?

2. Discuss three (3) vocations which are excluded in the WC&IM Act. What is the reason for their exclusion? How should the law develop, if at all?

3. Provide a briefing on WorkCover WA’s Conciliation Service. What is its purpose? What does it do? Where does it get its power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

4. Provide a briefing on WorkCover Arbitration Service. What is its purpose? What does it do? Where does it get its power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

13. 25 May

Industrial actions.

Actions protected by legislation.

1. Discuss what remedies exist for unfair dismissal in WA for employees not covered under the national system. (Refer to applicable WA laws and cases.)

2. Provide a briefing on the WA Industrial Relations Commission. What is its purpose? What does it do? Where does it get their power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

3. Discuss what remedies exist for unfair dismissal in the National System. (Refer to applicable Cth laws and cases.)





4. Provide a briefing on the Fair Work Commission. What is its purpose? What does it do? Where does it get their power from? What powers does it have? (etc.) How does it assist managers to comply with their OSH or industrial obligations?

14. 1 June Review & exam preparation

14. 8 June

Study Week

15 + 16

15 June

Assessment 3 is a closed book exam which will be held in Exam Week 1 or 2.

Exam Weeks 1 +2





Documents

OCHS3001 Health and Safety Industrial Relations Semester 1 ...ctl.curtin.edu.au/teaching_learning_services/unit... · l Creighton, B & Stewart, A. (2010) Labour Law (5th ed). NSW: