Law in action and employment and work futures Flashcards

Question

Impact on civil and criminal law on youth

Answer 1

Joint criminal enterprise: -When in the case that you, if you are present, assist in the crime or know what’s going on during a crime being committed, you can be as guilty as the offender. These situations can be difficult because you may not intend to assist but things happen so fast and you might not fully realise what has occurred.

Answer 2

If at one point youth become in trouble with the law, turn to advice from the Legal Aid NSW- this service provides advice to people encountering legal difficulties. Children's Legal Services is a branch of Legal Aid NSW that helps youths under the age of 18. Social media also plays a pivotal role among crimes: Social media has not only caused an increase in cybercrimes, but also created a trend where young people video or livestream themselves doing criminal activities. If a video or stream of the incident existed, the police could use this as evidence in a criminal court case. It is perverting the course of justice and is a criminal offence to not report a serious crime.

Answer 3

Human rights are included in a bill or charter of rights Charter: Is an official document describing goals and principles of organisation. 👉Guarantees that citizens cannot lose any of their rights unless a referendum is enforced to to change the constitution. Natural Rights guaranteed by Australian constitution is: Vote Freedom of religion Freedom of movement Own property Trial by jury A fair trial

Answer 4

- The part-time labour force is made up of 70 per cent women. - Paid parental leave and access to childcare has helped women stay in the workforce. - Women stay in the workforce longer and retire later. (In the 55–59 age group, 30 per cent more women work part-time.) - Better education has led to women staying in the workplace for a longer period of time. - changes in educational attainment and fields of study such that women are now able to participate and progress in a wider variety of jobs. increased availability of flexible working arrangements, particularly part-time work, and greater availability of child care and maternity leave.

Answer 5

Cutbacks, automation, downsizing and increased competition from imports and non-unionised domestic campaigns

Answer 6

Employers have focal focus on having a benefit to the workplace or the profit or a business. The

Answer 7

- people being able to have fast communicstion 0working from home -creating and abolishing jobs

Answer 8

Human rights are not always protected by Australian Legislation: 👉The Australian human rights commission, government funded works as an individual entity, is responsible for investigating infringement-(breaking the law) of Australia's anti-discrimination legislation. This includes the following: 👉Age Discrimination Dct 2004 👉Australian Human Rights Commission Act 1986 👉Disability Discrimination Act 1992 👉Racial Discrimination Act 1975 👉Sex Discrimination Act 1984 As an individual you can lodge a complaint about a range of discrimination covered in many pieces of legislation. The commission will investigate the claim and if they decide to move forward will try to help resolve the problem through a conciliation process . The outcomes you would expect include: Getting an apology Being reinstated to a job Receiving monetary compensation for lost wages Forcing changes to policies.

Answer 9

Laws foster a form of protection from discrimination, ensuring all fundamental natural/human rights are upheld. -Australia is a party to many treaties and conventions. One of these is the United Nations Convention on the Rights of the Child (CROC). -This was written in 1989 and ratified (signed) by Australia in 1990. There are 40 articles altogether; some are summarised below. Children should be protected from discrimination on the basis of their family background. The interests of the child must be considered by the courts and welfare agencies. Children have the right to express their opinion freely in all matters affecting them and to have that opinion taken into account in any matter affecting them. Children have the right to express their views, obtain information and give others information and tell of their ideas. The government must respect a child’s right to freedom of thought, morals/conscience and religion.

Answer 10

Violence and harassment are not acceptable in the workplace. Violence includes things such as: -Verbal abuse -Threats of physical abuse -Deliberately being placed in danger -Assaults such as harming you physically or simply making physical contact -Sexual assault -Initiation ceremonies that cause -physical harm. Harassment generally involves less aggressive behaviour than violence, but is still illegal in the workplace. It includes things such as: -demeaning comments or put downs -ridiculing or making fun of you -spreading rumours -stealing or hiding your tools or equipment -damaging any of your personal property - sexual harassment.

Answer 11

Politicians 👉Form and create laws-( it is a law making institution) 👉Have the power to make new laws and change current ones-( laws binding on all courts and judges) 👉Parliament responds to pressures to make new laws or change current ones Legal advisors 👉Provide legal advice and assistance 👉Represent clients- conducting cases at a court hearing 👉Their duty is to argue and lobby the case in best interests of the client Police 👉Police enforce the laws 👉Prevent and investigate crime, maintaining peace and order 👉Rules outline power as a police and how they are to do their job. 👉Assist in the prosecution of suspected offenders Australian taxation office 👉Tax crime can involve not paying wages,hiding cash wages, use of offshore accounts and falsely claiming refunds→these activates linked to identity crime, money laundering and organised crime 👉ATO assist to help prevent these crimes by collecting financial data from a range of different sources, cross checking detect anomalies or patterns indicating a tax crime may be committed. 👉ATO works in conjunction to Australian law enforcement to fight among these crimes. Courts 👉Courts settle disputes according to the strict rules of evidence and procedure. 👉Court officials responsible for the administration and efficient running of the case. 👉Judges have the ability to create law through decisions made when hearing a case-(act of precedent) Law breakers 👉Prisons hold people convicted of a crime, prison staff manage the prison. 👉All offenders must be given the opportunity for rehabilitation. 👉Imprisonment- loss of freedom-the harshest form of punishment that can be imposed as of today.

Answer 12

Alternatives to going to court in order to resolve civil matters includes: -Meditation -Conciliation -Arbitration

Answer 13

In criminal matters police use: -Warnings -Formal cautions -Community conferencing -Circle sentencing -Court

Answer 14

Advantages: -The system is cheaper and faster than going to court -Curating goodwill between the parties -More flexible, better able to meet the parties’ individual needs Disadvantages: -People may opt for mediation- they cannot afford to go to court -Urgency as well as bargaining power -Lead to people surrendering their legal rights

Answer 15

Where the parties involved in a dispute meet with a neutral third party- A mediator-( who assists to negotiate an agreement) They do not act for either of the parties nor decide and advise who is right or wrong. Their main role is to encourage the parties to examine all issues. In the end both parties generally feel they have achieved something for themselves. The goal is to reach some form of compromise.

Answer 16

Conciliation is quite similar to mediation except that the conciliator is usually much interventionist- meaning they will offer personal opinions and views, it is quite common in industrial disputes.

Answer 17

A tribunal is a government body with authority and power to settle disputes. - Generally use meditation as the first option to settle a dispute. - When not successful attribution is used: Attribution is similar to mediation- a third person assists the parties to reach their own solution, if parties cannot reach an agreement an artibtour decides for them. -Both parties must accept the decision and carry out any action stipulated in that decision -Tribunals hear disputes and a wide scale of issues including credit, domestic building and tenancies.

Answer 18

It allows the victim and the offender to discuss the situation, generally physically or face to face. Enabling victims to explain how crime has affected them, while the offender gets the opportunity to own their actions and gain an understanding of how they are able to fix the damage they have caused. Both pirates and the people who are there to support them have the ability to discuss the crime as we,, as possible solutions with convenor-( one who is trained to facilitate such discussions) Other people may also be asked to attend the conference including average people in society.

Answer 19

👉victim gets opportunity to play a role in deceiving the offenders punishment 👉Chance to seek closure to the event 👉Offender is able to possibly avoid court- will not have criminal record 👉offender may get a reduced or suspended sentence as a consequence of having accepted responsibility for their actions. Warnings 👉If person under the age of 18 commits a criminal offence such as offensive conduct or being equipped with a offensive implement, they are dealt by the police officer issuing a warning. 👉Name of child will be taken, but the incident will not become of child's criminal history. Formal cautions: 👉Child may be given a formal caution by senior police officer or a respected member of the community. 👉 Issues taken into account when deciding whether to give a caution include: the seriousness of the offence, whether violence was involved the harm caused to the victim the nature of prior offences and the number of previous offence

Answer 20

Community conferencing: 👉Viewed as being more severe than a caution, but not as serve as a court appearance 👉Child must admit to offence before being eligible for conferring or a caution. 👉People who attend the conference can be victims, child officer and a support person for the victim. 👉Aim of conference is to draw up a plan that is agreed to by all the participants A major benefit of conferencing is that a child does not end up with a criminal record.

Answer 21

👉Creating jobs helps the economy by GDP. When an individual is employed, they are paid by their employer. 👉Applying their skill when employed: that produce an output that contributes to the GDP 👉Employment contributes to Australian trade 👉Applying income to needs and wants contributes to economic production 👉This labour to produce goods and services creates demand by consumers.

Answer 22

Non financial benefits 👉Opportunity to use your skills and abilities 👉Doing something you are passionate about 👉Increasing your self-esteem and confidence 👉Developing your natural strengths and talents 👉Forming social connections 👉Contributing to the Australian economy Financial benefits 👉Able to satisfy needs and wants Receiving an income 👉Maintaining a good standard of living 👉Exchanging money for goods and services

Answer 23

👉Difficulty to balancing personal life 👉Overworked 👉Development of mental health issues ie. work related stress

Answer 24

👉Earn an disposable income -(money left after tax deducted) - In order to satisfy needs, wants and for survival, an income is needed in most cases. - Most people sell their labour to an employer and receive an income in return: this person becomes an employee, the person paying for their work is the employer. - Common forms of income are wages and salaries. Despite earning money, workers struggle to maintain a degree of balance between work and leisure-( work–life balance). - This is important to many workers as it forms the foundations of a good life and a worker’s sense of wellbeing. 👉Add to superannuation - To enable a long term factor for a comfortable retirement without stress financially. - When in retirement: an income is not received, by having money in hand after retirement, it is beneficial to work and then after permanently finishing. - If one works: they are adding to their superannuation, meaning they are adding upon their superannuation 👉Improve living standards-(Enabled to manage a household) - Having a job eases and a lack of stress in paying compulsory expenses first, also being in the possession of surplus funds left over to be disposed of in any desired manner. - Being able to afford a variety of needs and wants in differing financial standards-( buying more expensive items, buying another car or house) 👉Gain status and prestige - The type of work a person does is used to measure one's status and prestige within our society. - This status has over the years influenced the income of those based on what society believes is ‘harder working or higher skill level’. 👉Obtain self satisfaction - People who have a job are not hyper fixated upon the financial aspect of a job, but receive a sense of purpose and self satisfaction: - enabling one to find a deeper meaning of the work they do and to enjoy their skill set, the ideal of accomplishment and purpose enable one to be satisfied.. 👉To help others -The sole purpose to help others and be a service to them and receive a benefit enables people to have a sense of drive to work. -An example of this work is volunteer workers: who work for the sole purpose of assisting people without an income or a financial earning. 👉Make social connections - When working, the worker is met with a large set of diverse groups of people which enable you to talk to a variety of people. Meaning the idea of working provides opportunities for those to make friends and increases the sense of interconnectedness amongst people in general.

Answer 25

GOVERMENT 👉The government equips Australians to find and keep a job, change jobs, upskill or re-skill as well as having control over the main standards of the workforce such as working hours and pay. 👉Have authority over the Australian workforce and create the policies, laws and acts for all of the major participants in the workplace to adhere. 👉By setting and enforcing employment standards 👉The regulation of minimum wages, leave and superannuation. Also providing education and facilities/ resources for the workforces. EMPLOYERS 👉A person upon a company or business whom employees people to perform tasks or skill;-( paying them their money, control when,where,how they are doing their work) 👉From the smallest of business to multinational companies- ALL employers have the same obligations and laws to adhere by: 1. Fostering a safe working environment 2. Contribution to superannuation 3. Natural rights to employees 4. Relevant training and education TRADE UNIONS 👉Unions are bodies that represent the interests of workers in particular industries or occupations. 👉Trade unions help to improve the standards or rights of workers in that specific union/ sector 👉Bodies are strong in change and to improve conditions. 👉A larger union with active members is enabled to place more severe pressure on the governments and employer rather than a smaller union. Pressure is in the context of industrial action-(e.g strikes and work bans) Unions aim to: 👉protect the interests of union members-(campaigns and negotiations for increased pay rates) 👉Improve the working conditions of members 👉Fair treatment of employees at work-( preventing unfair dismissals) 👉Promote quality of life issues-(limiting work hours) 👉Each workplace elects a union representative who will: 👉Attend local union meetings 👉Keep members informed and assist them with issues organise meetings at the workplace EMPLOYEES 👉An employee is someone who works for another person or entity in return for financial compensation 👉This range of work can vary in time, skill, pay or effort, but from a fast food server to a CEO, all are employees Both vary in responsibilities however are similar as they are paid both for their time/ effort. Employees association 👉Employers also have found it necessary to join together to protect their common interests. The Australian Industry Group (AIG) is a peak industry association These associations: 👉Advocate for their industry/rights 👉represent employers in dealings with trade unions 👉give advice and assistance on a wide range of issues such as taxation and employment legislation 👉lobby governments with their memberships’ views. CONTRACTORS 👉When a business needs a specific skill set or a certain amount of time or occasionally: a contractor is needed. 👉A undertake a contract to provide labour or materials to perform a service/ job

Answer 26

Paid work: 👉Performing services for one hour or more per week in return for receiving money or income. Unpaid work: 👉Unpaid work comprises those tasks performed without receiving an income, including housework, child and elder care as well as volunteering

Answer 27

Full time -Continuing ongoing employment -Working hours is 38 hours or more per week -Vast range of entitlements received Part time -Ongoing employment -Number of hours 38 or fewer per week -Number of hours are fixed or variable-( hours always the same or always changing) -Entitlements received on a pro rata basis-( in proproption) based on the number of hours worked.A pro rata salary is a portion of a full-time salary adjusted for the hours worked, ensuring part-time employees receive fair pay. Essentially, it's a way of calculating wages for part-time employees who don't work full-time hours or those who haven't worked the full year. Part-time employees generally get pro-rata entitlements, based on the number of hours worked. Causal -Employed on an hourly or “as needed” basis -No permanent weekly roster -Working hours may vary -Working for more than one employer -No entitlements received -Loading is received- ( extra pay to compensate casual employees for lack of access to entitlements) Self employed -An individual who works for themselves

Answer 28

Entitlements are non-wage benefits awarded to full-time and part-time workers, s

Answer 29

Australia's labour force is made up of people working and people who are actively looking for employment. LABOUR FORCE= EMPLOYED+UNEMPLOYED The labour force is made up of people aged 15 and over who are either employed or unemployed People whom are not included in the labour force are: -Pensioners -Mental and physical disability -Full time students that do not work -Full time carers who look after children or family members -Volunteers working without pay in institutions/charities The labour force participation rate is the number of persons in the labour force as a percentage of the working age population.

Answer 30

Unemployed: one whom does not have a job but is actively seeking a job/work. A discouraged worker: one who is unemployed but not seeking for work and is of eligible age to work. Traineeship: The combination of employment and training to gain a qualification. Apprenticeship: Is training that involves following and studying a qualified practitioner of a trade e.g. plumber- an apprentice is one who works for a period of time for a skilled person- gaining knowledge about the job. Apprenticeships are usually longer and more comprehensive, whereas traineeships are shorter and often less formal. Apprenticeships often lead to formal qualifications or certifications, while traineeships might not result in a formal qualification but rather experience and skills. Traineeships are broader and may apply to a variety of fields, while apprenticeships are specific to trades or professions.

Answer 31

Wages: Paid per hour: employee receives in exchange for labour or service. Salaries: Total remuneration is the complete sum of an employee's annual compensation package. A salary is paid in fixed increments/ instalments throughout the year. Dividends: Sum of money paid regularly by a company to its shareholders out of profits. Commission: Compensation paid to employees based on how much they sell. It is a fee given to an employee for transacting a piece of business or service. Profits: (what self employed or businesses own), It remains after all business expenses are deducted from revenue.

Answer 32

Industry refers to a group of businesses involved in similar or related work: In more detail is also an area of economic activity, trade, manufacturing and production or gathering of resources. Impact on technology and globalisation: Technology has created a whole new industry of jobs but has also ruined previous jobs by not needing the and technology being able to do their job. Globalisation is the process of business developing and operating on an international presence. Globalisation increases ease in operations, reduces costs for consumers and assists with international trade success which creates employment. Sharing economy: This is an economic system whereby goods and services are shared between individuals either for free or for a fee. (Example: such as ebike,uber eats, airbnb.) The sharing economy is often criticised as it tends to treat workers as individual contractors, which can lead to lower wages and poorer working conditions..

Answer 33

What can be considered employed? -15 years and over -Have worked a minimum 1 hour a week -Receive a form of income or payment for the work completed Industry awards -It sets out the minimum wages and working conditions for all employees in an entire industry or occupation.

Answer 34

Industry refers to a group of businesses involved in similar or related work: Primary industry: Involves workers who work upon raw materials provided by nature: All natural resources that are grown or extracted. Secondary industry: Involves all workers who turn raw materials into finished or semi finished products: e.g iron turned into steel Tertiary industry: Workers that are involved in providing a service to others:( e.g retail, dentist bankers solicitors) The tertiary industry has experienced extreme expansion after the 1960’s- led to breaking down the tertiary industry further. Quaternary industry: Made up of service industries that deal with processing information, knowledge and communication-(e.g network specialist or IT professionals) Quinary industry Workers who provide domestic services- in more detail: many of which were once carried out by people within their own homes. e.g -( hospitality, childcare, cleaning).

Answer 35

The changing roles of women and men: -Due to women beginning to work after WW2, many more jobs and occupations have opened up. The childcare industry has become very popular due to the demand of women after having their child to go to work. -women now comprise approximately 47.0 per cent of the workforce - Female employees outnumber males slightly: however men are paid more than women. Participation in full time, casual or part time -More people work full time overall -Less women work full time- more men work full time -More women work casual or part time More full-time employees (60.2%) than part-time employees (39.8%), -Casual workers make up 20% of the labour force-( some casual workers find it difficult to to gain full time employment) many want to balance and flexibility. Hours of work -Due to technology forming a sense of communication and connectivity; many are able to still work outside of working hours: meaning that many are working longer exceeded hours -The average hours of full time work have actually declined from the 1980’s- however this may be to some hours not counted as well as a new variety of jobs and opportunities. Increase in part time employment -The 9 to 5 hour work day is no longer the case for some industries: with business and late trading hours. It enables them to operate outside of the Monday to Friday 9 to 5 hours. Work-Life balance -The benefits of a family friendly workplace -Practices to motivate and retain skilled staff -Australia’s national paid parental leave scheme- commenced in 2011, providing payment for 18 weeks within the first year after the birth of the child. -Many seem to be working on weekends and despite having flexible hours that they are exceeding this due to workloads, international demand and the lack of disconnecting. Misconception for the word flexibility. Job availability and security -The variety of job selections and opportunities to go towards and choose from, means the availability of a handful of jobs began as largely production jobs, -However expanded to multiple service industries meaning less jobs became less and more available. -Job security is the likelihood that an employee will keep his or her job, and not face unemployment either through being made redundant or dismissed. -This is becoming important to be strongly in the possession of: as employees have faced employment cutbacks, automation, downsizing and increased competition, job security shall not be taken for granted. Reasons for changing jobs: -Average job is 3.3 years -The newer the generation the more likely they are to constantly -change their job -Social reasons -Life events such as having children -Economic reasons- wanting to obtain better working arrangements -Financial reasons- wanting to be paid more -Career related reasons - wanting to build and gain further -experience. -Workplace exclusion or bullying -Change of location -Security -Convenience

Answer 36

The employment contract -Is a legally binding agreement between the employer and the employee. Including the basis of an offer, acceptance and consideration-(when both parties give up something of value is consideration e.g an exchange of money and service) Award Modern awards refer to the legally enforceable minimum terms and conditions that apply to a business or industry. It includes: -Wages -Hours of work and rest breaks -Redundancy entitlements -Leave -Superannuation -Allowance for uniform or tools Disadvantages Set a minimum for pay and conditions Cover all employees performing same job Protecting employees from exploitation Disadvantages Inflexible: not dutiable for all employees- (if an employee is really good, they cannot get paid any more than the range on the award agreement, all receive same pay) Penalty rates: Employees receive a higher pay when working on: - Early morning shifts Late night shifts -Weekends - Public Holidays - Overtime Allowances: Allowances are extra payments made to employees to: Do certain tasks with particular skill Use personal tools Work in unpleasant and dangerous situations Allowances include: - tools and equipment -travel and fares -car and phone -first aid -uniforms and clothing Enterprise agreement An enterprise agreement is a negotiated agreement about pay and conditions made at a workplace/enterprise level between an employer and a group of employees or union. They offer more fair and broader terms and conditions. They may cover rates of pay, how to settle disputes, hours of work allowances and leave. must be in writing and approved by all parties and must be approved by the Fair Work Commission (FWC). Advantages of enterpise agreememnt Involvement and consultation with employees Improved pay and conditions Flexibility Access to training Disadvantages of enterpise agreememnt - Undermining of award standards, possibility of employees working over hours - Possibility of job losses -(disagreement, cost cutting measure) -Greater inequity in wage rates between employees Common law contract when an employer and an individual employee negotiate a contract covering pay and conditions: it is secret and not open to public scrutiny Advantages of common law conrtract -Right to sue for compensation if employment standards are not met. -flexibility to suit varied needs of individual -individuality Disadvnatges common law conrtract -less protection -Possible exploitation of employees due to unfair bargaining positions -expenses for court cases if one chooses to sue. Rights and obligations of employee and employers Employers will: Pay correct income Provide safe healthy working environment Pay slip with total amount and calculations Not undertake illegal activity Abide by legislation of industrial relations. Employees will: Obey lawful and reasonable command made by employer Attend work at required times Use skill and care in work activity Act in good interest/faith of employer Dress appropriately Respect colleagues and employer

Answer 37

Maximum weekly hours of work Request for flexible working arrangements Parental leave and related entitlements Annual leave — four weeks paid leave per year Personal/carer’s leave and compassionate leave Community service leave — unpaid leave for voluntary emergency activities and up to 10 days paid jury service Long service leave — after a period of continuous employment Public holidays — a paid day off on a public holiday Notice of termination and redundancy pay — up to 4 weeks’ notice of termination and up to 16 weeks’ redundancy pay, both based on length of service Provision of a Fair Work Information Statement — a statement for all new employees about their rights and entitlements.

Answer 38

Taxation Taxes are a part of one's income taken by the government to pay for collective goods and services The collective wants-( goods and services of the community) inducing schools, hospitals and social welfare payments. To pay for these goods and services,the government needs to raise money, which it does through taxes. Taxes are the main source of government revenue. Types of taxes: The most common method of taxation is the pay as you go-(PAYG): Generally applies to wage and salary earners. Employer deducts tax out of each pay and sends this to the Australian Taxation Office (ATO). Government also gains money from Capital gains tax - profits made on the sale of assets such as property and shares Excise duty-special tax on cigarettes,petrol and alcohol Customs duty - tax on imported goods Company taxes Income tax The Goods and Services Tax- GST This is payable on most goods and services sold,Ten per cent of the price of each purchase is returned to the federal government as GST. Process of paying taxes: TFN-(Tax File Number) The Australian Tax Office (ATO) will use the information you provide on this form to determine the amount of tax automatically deducted from your pay. Income Tax return In the tax return file: Show your assessable income and claim only the deductions and offsets (formerly called rebates) to which you are entitled.-( related to work) An income tax return has to be completed and returned to the ATO at the end of the financial year. The ATO will then check your return to determine whether you have paid enough tax. If you have not, you will have to pay more tax. If you have paid too much tax, the ATO will give you a refund.-(failure to lodge eligible claim) It is vital throughout the year to keep record and file these purchases- placed in a folder manually or digitally to showcase the purchase. Paid parental leave: The government-funded paid parental leave scheme commenced in 2011, providing payment for 18 weeks within the first year after the birth of the child. Additional changes were made in 2012 when it was decided that dads and partners were also entitled to two weeks paid parental leave. Superannuation: Superannuation is a compulsory savings scheme whereby your employer contributes part of your wage/salary 11% into a type of investment account known as a super fund. These funds are then invested to increase their value before they are paid to you when you retire.-( only access when your over 65+) It is important for an employee to be in the possession of a super fund in order to have a comfortable retirement. Through the super co-contribution scheme, low- and middle-income earners receive a payment from the government for every after-tax dollar they contribute to their superannuation. Advantages of super Forced savings scheme Money is automatically deducted and invested-( convenient) Maintain a financially healthy retirement Vast range of investment options you prefer. Superfund is always active even when changing employers. Value increases overtime Disadvantages of super It is a locked savings account: accessed over the age of 65+ May lose value of money overtime-(due to its investment form) Government does not guarantee safety of fund Management fees are charged by the super find. Taxation must be paid on certain lump sum payments

Answer 39

Work health and safety act 2010: Enables workers to be safe and protected upon the workplace and environment Anti discrimination act 1997: Ensure that it is unlawful to discriminate against another work colleague on a basis of assets such as age, race,sex or physical appearance: promoting equality and maturity. Sex discrimination act 1984: Makes sexual harassment of the workplace unlawful and sexual harrassment upon workers in and outside work enviroment unlawful. Fair work act 2009: Allows minimum wage limits as well as setting the foundation for natural rights and responsibility of employers and employees. Providing fairness, safety and flexibility at work. Also fosters an anti bullying environment. Workplace gender equality act 2012: Enforced to improve opportunities for women in the workplace: promoting gender equality and removing gender normalities and barriers. Being able to recognize a disadvantage in nthe workplace linked to gender.

Answer 40

Inadequate training Lack of appreciation for the seriousness of health and safety Careless attitude How does work possibly cause injury, illness or death?

Answer 41

WH&S Act (2010) has as its core the safety and protection of employees and outlines the legal requirements for employers and employees. Companies such as Authority (SIRA) and Insurance and Care NSW (icare): - Work together to provide reasonable WH&S advice to employers and employees -Conduct workplace inspections. Poses as a protective force

Answer 42

Bullying in the workplace: 85% of people witness or are victims to bullying in the workplace Bullying in the workplace can include behaviours both physically, emotionally and verbally - Indiamiton - Humiliation - Verbal abuse - Slamming doors - Pushing - Touching or fondling - Threats The severity and extent of bullying in the workplaces significantly varies: - From subtle to extreme: all are classified as bullying. Workplace bullying can be repeated and ongoing, and can be debilitating. - More subtle forms are constant exclusion of work colleagues to assign irrelevant tasks. To see help or remedy for the bullying issue: Read workplace bullying policy and follow provided procedure - If bullying is constant: record evidence of behaviour: whether this is in a log book, writing the date, time witnesses and what happened. Makes the legal process easier. - Calmly tell other person to stop behaviour Seek advice from supervisor, manager or Work Health and safety representative. Sexual harassment: Sexual harassment can also occur in the workplace: in this context Sexual harassment covers a vast range of unwelcoming behaviour of a sexual nature that could make a person feel humiliated or offended. This behaviour includes: - Comments on a person’s physical appearance - Fondling or touching in a sexual manner - Questions about a person’s sex life - The display of pornographic images - Making decisions due to one's gender - Legally, It is not a defence to say the harassment was meant to be a joke or in a friendly manner In order to enforce extended authority among the workplace in regards to sexual harassment. The Anti-Discrimination Act 1997 (NSW) Sex Discrimination Act 1984 (Cwlth) These acts and policies make sexual harassment unlawful.

Answer 43

Employers must ensure: - Workplace hazards are removed or the severity of the hazard is minimised. -Machinery is regularly inspected and maintained. -PPE and adequate training is provided to all employees -committees set up to enforce WH&S rules -A personal WH&S policy for the business/company

Answer 44

Employees must ensure: -Comply with safety instructions -Report and situation which could possibly be deemed as dangerous - Cooperate in investigation of accidents or incidents as a preventative to not occur again

Answer 45

Discrimination: When one is treated less favourably because of underlying assets such as gender, age, ethnicity, religion, sex or disability. Upon late 1970’s laws were formed to dismiss discriminatory behaviour in the workplace. under these laws, it is illegal to discriminate on the grounds of a person’s: gender, ethnicity, age or sexual orientation physical or mental disability religious faith or political opinions marital status, family responsibilities, pregnancy or potential pregnancy. Direct discrimination vs indirect discrimination: Direct discrimination is treating a person or group less favourably than another person in similar circumstances. Indirect discrimination is treatment that seems fair but which has an unfair impact on one person compared with others. For example: Direct is “You can't do this job, you are a man, we need a women for this job” Indirect is “here you go sir, here is a company car for your 10 years of conscious service”

Answer 46

In the workplace, when one is not performing their job to a satisfactory level or is being innapropriate upon the workplace: the business can dismiss the employee.

Answer 47

1. Summary dismissal-Employee breached employment contract-( fraud or assault) 2. Dismissal by notice- Failure to perform job adequately 3. Redundancy- employer no longer needing employees position for economic or operational reasons. Employees for Small businesses: cannot claim for unfair dismissal until they have served for 12 months. Employees for large business: cannot claim for unfair dismissal until they have served 6 months

Answer 48

Disputes upon court can be expensive and occur quite often: instead alternative versions have been implemented: They normally occur depending on the seriousness of the dispute, are: grievance procedures Grievances are complaints that an employee has reported to the manager or union representative; largely for not being treated fairly. Businesses have created a procedure to approach this. grievance procedures are the number of predetermined steps that are followed to resolve a dispute. The supervisor would then follow the set procedures to negotiate a solution.

Answer 49

Negotiation is a method of resolving disputes where the parties involved discuss the issues in an attempt to reach a compromise, where it is fair on both ends of the parties. If this negotiation from both parties is unsuccessful: the next step is mediation.

Answer 50

Unemployment: occurs when one is attempting to find work but have so far been unsuccessful. When one is unemployed they are: Able to work In the process of seeking for work Without work Causes of unemployment: Cyclical unemployment Cyclical unemployment that results directly from cycles of economic upturn and downturn. Example: Due to high demand and inflation upon construction equipment, many construction workers are unemployed due to less demand. Structural unemployment When one's skill does not align with the jobs offered or required. Example: Due to Ford, Holden and Toyota not manufacturing in Australia anymore. Those working in these specific jobs become unemployed. Also the development of AI and new technology where it replaces workers. Seasonal unemployment When ones job only exists part of the year based off of seasons-( seasons is in regards to environmentally, society or popularity) Fruit picker Ski instructor Tour guide Frictional unemployment In between 2 jobs, generally is when one has left a job and in the process of a new one. Quitting their job to find a new one: being a voluntary action. Example: Somebody quits their job to find a new one that pays more and offers a vast range of personal benefits, as well as someone who is new to the labour force and is seeking a first job such as a student or graduate.

Answer 51

labour force/working age population x 100%

Answer 52

unemployed/labour force x100%

Answer 53

Full employment: It is one of the government economy objectives: ensuring there is a target for FULL employment and that the unemployment rate is less than 4 or 5% When the level of economic activity is high and the economy is expanding, of all those eligible people who are seeking work, jobs will not be available for 4/ 5%, which is known as cyclical unemployment. Despite the economic upturn, people can still face difficulties finding work. Because that 4 or 5% either cannot work or do not want to work. Youth unemployment The youth are a risk in regards to the employment and work sector: Many of the youth are underemployed: meaning that they have some work but that they would like more hours. With a changing economy, jobs not only are hard to find, but also do not provide the same sense of job security. If there is low unemployment: there is higher wages and more jobs: meaning there is more spending causing inflation. So those who are unemployed are to put up with these issues despite not having anything such as a job to cater to this.

Answer 54

Issues with being unemployed: Poverty Boredom Poor health Loss of self-esteem Loss of skills Ridicule and prejudice Isolation Discrimination

Answer 55

RIGHTS: -VOTE -FREEDOM OF SPEECH -A FAIR TRIAL SAME TREATMENT AND AUTHROTIY AS ALL IN SOCEITY RESPONSIBLITES: TO ATTEND ANY JURY SESSIONS IN AUS, TO VOTE ADHERE TO ALL LAWS NO MATTER OF LOCATION OR ENIVORMNET REPORT CRIMES PAY TAXES RESPECT OTHERS RIGHTS

Answer 56

Flexibility: Enterprise agreements offer more flexibility to specifc conditions and needs of the workplace, while industry awards provide a broad approach. Negotiation: Enterprise agreements undergo negotiation directly between employers and employees industry awards are determined by industrial tribunals or government bodies . Minimum Standards: Both must adhere to the Fair Work Act's minimum standards, but enterprise agreements can improve upon the conditions set by industry awards. enterprise agreements provide the flexibility to negotiate terms that may exceed the minimum conditions set by industry awards

Law in action and employment and work futures Flashcards

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