Legal Research Exercise

Order Description
LABOUR LAW 2016
Assessment Task 1 – Legal Research Exercise
What you are required to do:
You are employed as a research officer in the Fair Work Commission and you have been asked by your manager to prepare a background paper on the nature of the influences and changes in industrial regulation in Australia since Federation in 1901. Your manager will be presenting an issues paper on the Australian industrial relations system.
You have been asked to provide background information and advice on the following:
• How the conciliation and arbitration system developed and why it fell out of favour with governments?

• The nature and extent of the influence of the International Labor Organisation on Australia’s industrial relations system over the years and what accounts for this influence or lack thereof.

• How important has the federal structure of government in Australia been to the making of labour law and why?

[Note: you are not expected to know or assume any characteristics of any particular industry for the preparation of this background briefing]
Criteria for Legal Exercise:
1. Demonstrated appropriate research and understanding of key issues and problems.
2. Informed and accurate information presented about the law and the institutional structures as relevant. Refer to provisions of the Fair Work Act 2009 (Cth) and cases where relevant.
3. Ability to express ideas clearly and use appropriate grammar. Write the briefing in essay style – no dot points – and with a brief introduction and conclusion.
4. Use a consistent bibliographical style (Harvard recommended – see under Assessment tab on the Blackboard), provide at least 3 different references and provide referencing throughout.
5. Keep to the word length.
**Please refer to the Assessment Sheet for the Legal Exercise on blackboard**
Length: 1000 words (you may write up to 1500 words without penalty)
Value: 25%

Assessment criteria:
1.Degree of understanding
2.Discussion across all aspects of question/s
3.Evidence of appropriate reading of the statute and other materials
4.Critical reflection and logical development of argument with evidence in support
5.Structure
6.Degree of expression
7.Length (within 10-15%)
8.Referencing & d bibliography
9.General presentation

The Legal Research Exercise does involve research around 3 specified areas (weeks 1-3 inclusive) and it will need to be written in an essay style with a brief introduction and conclusion.

Please keep in mind that the exercise is meant to have a ‘practical sense’ to it by specifying that you are a research officer employed with the Fair Work Commission and that you are preparing a background information and advice piece towards a larger paper on the influences and changes to industrial relations regulation. So please frame the paper to take account of this.

The topics as given are understandably broad but ensure you give equal treatment to all three of them. Also read the criteria on the sheet with the topic areas as well as the Assessment Sheet itself, which is what I will be using to assess each paper.

Legal Research Exercise

Order Description
LABOUR LAW 2016
Assessment Task 1 – Legal Research Exercise
What you are required to do:
You are employed as a research officer in the Fair Work Commission and you have been asked by your manager to prepare a background paper on the nature of the influences and changes in industrial regulation in Australia since Federation in 1901. Your manager will be presenting an issues paper on the Australian industrial relations system.
You have been asked to provide background information and advice on the following:
• How the conciliation and arbitration system developed and why it fell out of favour with governments?

• The nature and extent of the influence of the International Labor Organisation on Australia’s industrial relations system over the years and what accounts for this influence or lack thereof.

• How important has the federal structure of government in Australia been to the making of labour law and why?

[Note: you are not expected to know or assume any characteristics of any particular industry for the preparation of this background briefing]
Criteria for Legal Exercise:
1. Demonstrated appropriate research and understanding of key issues and problems.
2. Informed and accurate information presented about the law and the institutional structures as relevant. Refer to provisions of the Fair Work Act 2009 (Cth) and cases where relevant.
3. Ability to express ideas clearly and use appropriate grammar. Write the briefing in essay style – no dot points – and with a brief introduction and conclusion.
4. Use a consistent bibliographical style (Harvard recommended – see under Assessment tab on the Blackboard), provide at least 3 different references and provide referencing throughout.
5. Keep to the word length.
**Please refer to the Assessment Sheet for the Legal Exercise on blackboard**
Length: 1000 words (you may write up to 1500 words without penalty)
Value: 25%

Assessment criteria:
1.Degree of understanding
2.Discussion across all aspects of question/s
3.Evidence of appropriate reading of the statute and other materials
4.Critical reflection and logical development of argument with evidence in support
5.Structure
6.Degree of expression
7.Length (within 10-15%)
8.Referencing & d bibliography
9.General presentation

The Legal Research Exercise does involve research around 3 specified areas (weeks 1-3 inclusive) and it will need to be written in an essay style with a brief introduction and conclusion.

Please keep in mind that the exercise is meant to have a ‘practical sense’ to it by specifying that you are a research officer employed with the Fair Work Commission and that you are preparing a background information and advice piece towards a larger paper on the influences and changes to industrial relations regulation. So please frame the paper to take account of this.

The topics as given are understandably broad but ensure you give equal treatment to all three of them. Also read the criteria on the sheet with the topic areas as well as the Assessment Sheet itself, which is what I will be using to assess each paper.