HR Influences: Legal Framework Flashcards
Which organisation sets the minimum wage?
Fair Work Commission
How much is the minimum wage?
$23.23 (as of July 2023)
Which organisation sets the 11 National Employment Standards?
Fair Work Commission
What are 4 of the National Employment Standards?
1) 10 days paid personal (sick) leave
2) 20 days paid annual (holiday) leave
3) 1 year unpaid parental leave
4) Paid public holidays
Which legislation sets out the regulations for the minimum wage, National Employment Standards and awards?
Fair Work Act
What is an award?
The minimum employment conditions in a specific industry (e.g. minimum conditions for a nurse)
How are awards determined?
The Fair Work Commission listens to unions and employer associations, and then decides what the award conditions should be
What is an enterprise agreement?
A contract negotiated with a group of employees
How are enterprise agreements determined?
- The union negotiates with management on behalf of the staff
- Come to an agreement
- Submit to FWC to pass the BOOT
What is the BOOT?
The better off overall test: an enterprise agreement must be better overall than the minimum conditions set out in the award
What is a common law contract?
A contract with one individual employee
How are common law contracts determined?
The manager and employee negotiate one-on-one
In what circumstances can a business offer a common law contract to an employee?
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)
An award must be at least as good as
the minimum wage and 11 NES
An enterprise agreement must be better than
The relevant award
A common law contract must be at least as good as
The 11 NES
What is common law?
Laws based on the previous decisions of judges (as opposed to laws made by the government in Parliament)
What are three common law rights that employees have?
1) Be paid on time
2) Have a safe workplace
3) Receive the equipment they need for the job
What are three common law obligations employers have?
1) Pay staff on time
2) Provide a safe workplace
3) Provide the equipment staff need for the job
What are three common law rights that employers have?
1) Staff follow their instructions
2) Staff notify them if they want to take holidays or resign
3) Staff work safely
What are three common law obligations employees have?
1) Follow instructions
2) Notify management if they want to take holidays or resign
3) Work safely
What are the features of a casual contract?
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.
What is the case study for awards?
Seven-11
What is the case study for enterprise agreements?
Sydney Trains
What is work health and safety (WHS)?
Managing the risks to all workers and visitors to your business
Who enforces WHS law?
SafeWork NSW
What are the penalties for breaching WHS law?
Corporations can be fined up to $3m and individuals imprisoned for up to 5 years
What legislation covers WHS?
Work Health and Safety Act
What are some requirements of WHS law?
1) Have a safe site for employees and visitors
2) Provide adequate training
3) Have workers’ compensation insurance
What is workers’ compensation?
Funds paid to an employee if they are injured at work, to cover medical costs and wages if they miss work
What are the legal requirements on businesses regarding workers’ compensation?
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
An employee gets injured at work. Who pays for their medical costs?
The business’ insurance company
What is ‘common law redress’?
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)
Who enforces workers’ compensation?
SafeWork NSW requires all businesses to have it
What is the case study for WHS and workers’ compensation?
UberEats - they use contractors to avoid WHS obligations
What is anti-discrimination?
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)
What is equal employment opportunity?
Active measures taken to promote diversity and inclusion in terms of who gets hired and promoted
What legislation prevents discrimination?
1) Fair Work Act
2) Anti-Discrimination Act
3) Sex Discrimination Act
What is the penalty for discrimination against employees?
Up to $66,000 for each violation
How can businesses provide equal employment opportunities?
1) Committees to support people from diverse backgrounds
2) Flexible work arrangements
3) Awareness training to help people work with people from different backgrounds
What are the legal requirements of equal employment opportunities?
1) Avoid all kinds of discrimination
2) If they have more than 100 staff, report every year on gender equality indicators
What is the case study for anti-discrimination and EEO?
Chevron - EEO for women, Indigenous Australians and people with a disability
