Employment Issues Flashcards

1
Q

What types of employment are there?

A
  1. Casual
  2. Part-time
  3. Full-time
  4. Self employed
  5. Voluntary/unpaid
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2
Q

What types of industries are there? (Pat Saw The Quite Quail)

A
Primary industry 
Secondary industry 
Tertiary industry 
Quaternary industry 
Quincey industry
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3
Q

What % does casual workers make up in the work force?

A

40%

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4
Q

What is primary industry?

A

It produces raw materials from what nature has provided (eg. Fresh fruit)

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5
Q

What is the secondary industry?

A

Includes all workers involved in turning raw materials into finished or semi-finished products

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6
Q

What is the tertiary industry?

A

People who work in this industry provide services to others (eg. Dentist)

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7
Q

What is quaternary industry?

A

This industry is made up of service industries involved in transfer & processing of information & knowledge (eg. Telecommunications, ICT)

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8
Q

What is Quinary industry?

A

This industry is made up of domestic services (eg. Cleaning)

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9
Q

Why is job security important?

A

Ensures that employees won’t loose their job, job security is the likelihood that employees will keep his or hers job. It ensures they won’t face unemployment from being redundant or dismissed

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10
Q

What is flexible working conditions?

A

Patterns of work that allow employees to balance work & their family obligations more effectively

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11
Q

What are some benefits of education & training? (How often Abby ate ice-cream)

A
  • higher income
  • opportunities for self- improvement and promotion
  • adaptability: greater ability to adapt/ cope with change
  • a challenge: the chance to learn new things
  • improved job satisfaction through better job performance
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12
Q

What type of education & training is available?

A
  • HSC
  • VET
  • TAFE
  • APPRENTICESHIP
  • UNI
  • TRAINING
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13
Q

What is an employment contract?

A

Legally binding, formal agreement between an employer & employee, every employer + employee is bound by a contract of employment

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14
Q

What are the three important elements of a contract?

A

Offer, acceptance & distribution

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15
Q

What are the 3 different types of employment contracts?

A
  1. Award
  2. Enterprise agreement
  3. Common law contract
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16
Q

What is an award?

A

Legally binding documents containing minimum terms & conditions of employment

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17
Q

What do modern awards include?

A
  • Wages, including penalty & overtime rates
  • Hours of working & rest breaks, including flexible work arrangements
  • Allowances for uniforms or tools
  • Leave, including sick, holiday, long service etc.
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18
Q

Advantage of awards?

A
  • Set a minimum for pay & conditions
  • Cover all employees performing a similar job
  • Protect employees from exploitation
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19
Q

Disadvantages of awards?

A
  • inflexible: may not suit all employees

- prevent recognition of individual initiative as all employees receive same pay

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21
Q

What is an enterprise agreement?

A

Negotiated agreement about pay & conditions, made at a workplace or enterprise level, between and employer & a group of employees or union

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22
Q

What does enterprise agreement include?

A
  • May cover rates of pay, penalty rates & overtime, hours of work, allowances, & leave
  • Must be in writing and approved by all parties
  • Must be approved by FWA
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23
Q

Disadvantages of enterprise agreement?

A
  • possibility of job loses

- possibility of undermining of award standards, with some employees working longer hours

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24
Q

What is common law contract?

A

Covers those employees who are not under any award or enterprise agreement, eg. You negotiate to make a decision that only affects you (sometimes called individual common law contracts)

25
Q

Advantages of common law contracts?

A
  • Right to sue for compensation if the employment conditions are not met
  • Flexibility to suit varied needs of individuals
26
Q

Disadvantages of common law contract?

A
  • offers less protection
  • possible exploitation due to unfair bargaining positions
  • expense of any court case is either party sues for compensation
27
Q

What is Rights & Obligations of employees & employers?

A

All employment contracts establish legally binding rights & obligations for both parties, obligations of each party are reflected in the rights of the other party

28
Q

What are rights & obligations that’s apply to causal, part-time & full-time employees?

A
  • pay correct income (set by an award of agreements)
  • provide safe, healthy & discrimination free workplace
  • provide pay slip
  • not require undertaking of illegal activities
29
Q

What are employees obligations?

A
  • obey lawful & reasonable commands made by employer
  • attend work at required times
  • use care and skill in carrying out their work activities
  • dress appropriately for the job
  • respect colleagues & employer
30
Q

Why do you have to know your entitlements & obligations etc. ?

A

So that you know your entitlements, and it’s important to know your obligations so you don’t fail to meet your responsibilities

31
Q

What is national employment standards? (NES)

A

Within an award, agreement, contract of employment you will have a list of entitlements, depending on your job/industry the entitlements vary

32
Q

How many entitlements are the minimum set for employees?

A

Usually 10

33
Q

How was formed? & why?

A

By the government in consultation with the community, businesses & unions. & because they wanted to create safer nets for employees, particularly for the vulnerable/ low- paid employees in the work force

34
Q

Who does NES apply to?

A

All full time & part time employees, some NES applies to casual workers

35
Q

What is an independent contractor? And what do they do that’s different to others?

A
  • They are about 10% of the labour force
  • They don’t have the same legal status as employees, contractors tend to have a set term for a project & control their own work
  • Contractors carry most of the risk on a job, including all their own supper, tax, insurance etc.
  • People usually prefer to hire them because all the risk is shifted to them
36
Q

When is someone counted as unemployed?

A

Their:

  • Without work
  • Available to begin work
  • Actively seeking employment
37
Q

What can unemployment result from? (Few Customers Stay Honest)

A
  • people leaving jobs & going in search of others (frictional unemployment)
  • jobs being seasonal (fruit picking)
  • lack of customers/ consumer spending so no need for workers (cyclical unemployment)
  • people’s skills no longer being needed because of change in technology (structural employment)
  • some people find it hard to keep a job due to personal characteristics (hard- core unemployment)
38
Q

What are personal costs of unemployment? (People brought Paul little dogs in ratchet locations)

A
Poverty 
Bordem
Poor health 
Loss of self-esteem 
Discrimation
Isolation
Ridicule & prejudice
Loss of skills
39
Q

Advantages of an enterprise agreement?

A
  • Consultation with & involvement of employees
  • Possibility of improved pay & conditions
  • Access to training
  • Greater flexibility
40
Q

What are the 3 main causes of workplace injuries & illnesses?

A
  1. Inadequate training
  2. Lack of appreciation for the seriousness of health & safety issues
  3. An attitude to ‘she’ll be alright’ all contribute to carelessness
41
Q

What must employers ensure, in regards to work, health & safety?

A
  1. Workplace is safe
  2. Machinery is regularly checked/ maintained
  3. Protective clothing & adequate training provided
  4. They have a written wh&s policy
42
Q

What must employees ensure in regards to wh&s?

A
  1. Comply with safety instructions
  2. Report any situation they may think can be dangerous
  3. Cooperate in the investigation of accidents in order to prevent them from happening again
43
Q

What are more noticeable forms of bullying in the work place?

A
Intimidation
Humiliation 
Verbal abuse
Slamming doors
Pushing & touching
44
Q

What are more subtle forms of bullying in the workplace?

A
  • Assigning meaningless tasks unrelated to the job

- Isolating employees

45
Q

What act makes sexual harassment unlawful?

A

The anti-discrimation act 1997 (NSW) & the sex discrimination act 1984 (cwlth)

46
Q

What does sexual harassment include?

A

It covers a wide range of unwelcomed behaviour of a sexual nature that could make a person feel humiliated or offended, this includes comments about physical appearance, questions about a persons sex life etc.

47
Q

If someone feels they have been unlawfully sexually harassed who can they contact?

A

The Australian human rights commission

48
Q

What is anti- discrimination?

A

It is when someone is treated less favourably because of factors such as gender, ethnicity, disability, religion or age

49
Q

In the 1970s several federal & state laws were passed & aimed at ending discrimination, under the laws what is illegal to discriminate against on people?

A
  • Gender, ethnicity, age, or sexual orientation
  • Physical/ mental disability
  • Religious faiths
  • Marital status, family responsibilities & pregnancy
50
Q

What two types of discrimination is there? Give a brief description of both..

A
  1. Direct discrimination: treating someone least favourably than another person
  2. Indirect discrimination: treatment that seems fair but has an unequal/ unfair impact on one person compared with others
51
Q

What are 3 which an employee can be dismissed? (Sam Doesn’t Read)

A
  1. Summary dismissal
  2. Dismissal ‘by notice’
  3. Redundancy or retrenchment
52
Q

What is summary dismissal?

A

Based on a serious breach of employment contract, (eg. Fraud, intoxication, assault)

53
Q

What is dismissal ‘by notice’?

A

Based on failure to perform the job adequately

54
Q

What is redundancy or retrenchment?

A

When the employer no longer needs the employee usually because of technological changes

55
Q

What is unfair dismissal?

A

When an employee is sacked/ threatened to be sacked & they believe it is harsh, unjust or unreasonable

56
Q

Under which act protects employees against unfair dismissal?

A

The fair work act 2009 (cwlth)

57
Q

What is redundancy & retraining

A

Y