Workplace Law

Question 1

what is the changing nature of workplace law over time

Answer 1

• Trade Unions grew in England and Australia but the biggest area that the early trade union movement fought for were:
  ○ Working hours
  ○ Safety
  
  • Settlement of Industrial disputes – 1904 The Conciliation and Arbitration Commission established in Australia.
    International intervention – 1919 formation of the International Labour Organization (ILO)`

Question 2

what are contracts of service

Answer 2

An employment agreement where a worker performs work for an employer
Specific duties are imposed on both parties and certain rights are provided for the period of employment, which may be fixed or ongoing
Generally a fixed term contract cannot be terminated before a specific period ends.

Question 3

what are contracts for services

Answer 3

An agreement between a contractor and a client where the contractor and a client where the performs agreed tasks for agreed fees but is not employed by the client.

Question 4

what are expressed terms

Answer 4

○ Terms that were specifically stated and agreed to by both parties when the contract was made
○ Can be written or oral
○ Covers key elements” position description (full-time, casual, part-time), whether the position is ongoing or for a fixed term, the working hours/place and leave provisions
Both employees and employers have a duty to fulfil these terms and expect the other party to do so

Question 5

what are implied terms

Answer 5

○ Terms that are not recorded in writing and may not even be discussed by the parties
○ Arise from common law, current practice/customs or specific state/federal legislative requirements where it is clear that the parties would have included it as an express term had they thought of it
Must be reasonable, necessary and so obvious that it “goes without saying” and does not contradict any express terms.

Question 6

what are industrial awards

Answer 6

○ Usually refers to a legally binding document that is approved by an industrial commission that sets out the minimum terms and conditions and wages for employees in a particular industry/occupation.
○ An order for an industrial commission, tribunal, or arbitrator used to settle a dispute.
Federal awards were created due to interstate industrial disputes as disputes were governed by state awards, meaning businesses operating in more than one state had to apply different awards.

Question 7

what are enterprise agreements

Answer 7

○ Legally binding agreements between the employees of a corporation, NGO or government body and their employer which sets the T&C’s of the employment relationship.

Question 8

what are statutory conditions

Answer 8

• This term refers to the legislative framework that shapes and defines employment relations. This is governed by the Fair Work Act 2009 (Cwlth)
  
  • Under the FWA 2009 (Cwlth) the main features are:
    ○ 11 National Employment Standards (NES)
    ○ Modern awards
    ○ New enterprise bargaining arrangements
    ○ Better protection of individual rights
    The Act created new national industrial relations organisations – Fair Work Commission and the Fair Work Ombudsman.