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HSC Business Studies > HR Influences: Legal Framework > Flashcards

HR Influences: Legal Framework Flashcards

1
Q

Which organisation sets the minimum wage?

A

Fair Work Commission

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2
Q

How much is the minimum wage?

A

$23.23 (as of July 2023)

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3
Q

Which organisation sets the 11 National Employment Standards?

A

Fair Work Commission

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4
Q

What are 4 of the National Employment Standards?

A

1) 10 days paid personal (sick) leave
2) 20 days paid annual (holiday) leave
3) 1 year unpaid parental leave
4) Paid public holidays

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5
Q

Which legislation sets out the regulations for the minimum wage, National Employment Standards and awards?

A

Fair Work Act

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6
Q

What is an award?

A

The minimum employment conditions in a specific industry (e.g. minimum conditions for a nurse)

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7
Q

How are awards determined?

A

The Fair Work Commission listens to unions and employer associations, and then decides what the award conditions should be

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8
Q

What is an enterprise agreement?

A

A contract negotiated with a group of employees

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9
Q

How are enterprise agreements determined?

A
  • The union negotiates with management on behalf of the staff
  • Come to an agreement
  • Submit to FWC to pass the BOOT
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10
Q

What is the BOOT?

A

The better off overall test: an enterprise agreement must be better overall than the minimum conditions set out in the award

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11
Q

What is a common law contract?

A

A contract with one individual employee

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12
Q

How are common law contracts determined?

A

The manager and employee negotiate one-on-one

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13
Q

In what circumstances can a business offer a common law contract to an employee?

A

1) If there is no award for that industry
2) If the contract will provide all award conditions PLUS extra benefits
3) If the employee is a high-income earner (at least $167,500)

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14
Q

An award must be at least as good as

A

the minimum wage and 11 NES

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15
Q

An enterprise agreement must be better than

A

The relevant award

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16
Q

A common law contract must be at least as good as

A

The 11 NES

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17
Q

What is common law?

A

Laws based on the previous decisions of judges (as opposed to laws made by the government in Parliament)

18
Q

What are three common law rights that employees have?

A

1) Be paid on time
2) Have a safe workplace
3) Receive the equipment they need for the job

19
Q

What are three common law obligations employers have?

A

1) Pay staff on time
2) Provide a safe workplace
3) Provide the equipment staff need for the job

20
Q

What are three common law rights that employers have?

A

1) Staff follow their instructions
2) Staff notify them if they want to take holidays or resign
3) Staff work safely

21
Q

What are three common law obligations employees have?

A

1) Follow instructions
2) Notify management if they want to take holidays or resign
3) Work safely

22
Q

What are the features of a casual contract?

A

An employee does not get the same hours/shifts every week and is not entitled to holiday or sick leave.

They can be dismissed at any time.

But they get paid 25% more than permanent (full-time or part-time) employees.

23
Q

What is the case study for awards?

A

Seven-11

24
Q

What is the case study for enterprise agreements?

A

Sydney Trains

25
Q

What is work health and safety (WHS)?

A

Managing the risks to all workers and visitors to your business

26
Q

Who enforces WHS law?

A

SafeWork NSW

27
Q

What are the penalties for breaching WHS law?

A

Corporations can be fined up to $3m and individuals imprisoned for up to 5 years

28
Q

What legislation covers WHS?

A

Work Health and Safety Act

29
Q

What are some requirements of WHS law?

A

1) Have a safe site for employees and visitors
2) Provide adequate training
3) Have workers’ compensation insurance

30
Q

What is workers’ compensation?

A

Funds paid to an employee if they are injured at work, to cover medical costs and wages if they miss work

31
Q

What are the legal requirements on businesses regarding workers’ compensation?

A

1) Must have workers’ compensation insurance
2) Must notify the insurance company of any injuries within 48 hours
3) Must pass on the compensation to the employee as soon as possible

32
Q

An employee gets injured at work. Who pays for their medical costs?

A

The business’ insurance company

33
Q

What is ‘common law redress’?

A

An employee can sue the business if they are injured at work, but ONLY IF it was because of negligence (e.g. the business was being very unsafe)

34
Q

Who enforces workers’ compensation?

A

SafeWork NSW requires all businesses to have it

35
Q

What is the case study for WHS and workers’ compensation?

A

UberEats - they use contractors to avoid WHS obligations

36
Q

What is anti-discrimination?

A

Not disadvantaging people (e.g. not hiring or promoting someone, or harassing them) because of a characteristic unrelated to the job (e.g. gender, sexuality, race, religion)

37
Q

What is equal employment opportunity?

A

Active measures taken to promote diversity and inclusion in terms of who gets hired and promoted

38
Q

What legislation prevents discrimination?

A

1) Fair Work Act
2) Anti-Discrimination Act
3) Sex Discrimination Act

39
Q

What is the penalty for discrimination against employees?

A

Up to $66,000 for each violation

40
Q

How can businesses provide equal employment opportunities?

A

1) Committees to support people from diverse backgrounds
2) Flexible work arrangements
3) Awareness training to help people work with people from different backgrounds

41
Q

What are the legal requirements of equal employment opportunities?

A

1) Avoid all kinds of discrimination
2) If they have more than 100 staff, report every year on gender equality indicators

42
Q

What is the case study for anti-discrimination and EEO?

A

Chevron - EEO for women, Indigenous Australians and people with a disability

HSC Business Studies (22 decks)

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