M3 topic 2 part 2 legal: legal framework, employment contracts

Question 1

what is the H.R legal frame worked based on

Answer 1

Industrial relations

Question 2

what is industrial relations

Answer 2

the relationship between employers/management and employees

Question 3

Who is responsible for the management of H.r’s legal framework(2)

Answer 3

The fair work commission

fair work ombudsmen

Question 4

how do the fair work commission and ombudsmen operate

Answer 4

The fair work commission and ombudsmen are non government organisation that ensure that business follow the fair work act, and report to the government their findings.

Question 5

how have industrial relations changed in Australia (2)

Answer 5

1970’s centralised system

1990’s - 2000’s decentralised system

Question 6

what was a centralised industrial relation system like

Answer 6

government determining system of awards

Question 7

what was a decentralised industrial relation system (2)

Answer 7

removing government influence

more flexibility in workplace negotiations

Question 8

what are employment contracts

Answer 8

legally binding formal agreements between employers and employees, that can be written or spoken

Question 9

what do employment contracts state

Answer 9

both employees and employers must follow common law

Question 10

what is common law

Answer 10

the rights and obligations of the employee and employer to uphold in relation to the business

Question 11

list some employer obligations (3)

Answer 11

provide work
payment of income and expenses
provide reasonable care for the health and safety of all employees

Question 12

list some employer rights (3)

Answer 12

Employees work with care and responsibility
Employees are expected to carry out their work according to the employment agreement
Being notified of an employee’s intention to take leave entitlements

Question 13

list employee obligations (3)

Answer 13

Maintain employer confidentiality
Take reasonable care and act in a safe manner
Follow procedures and policies - obey lawful demands from the employer

Question 14

list employee rights (3)

Answer 14

Being paid for all time worked
Receive allowances for tools or uniforms is applicable
Access to paid and unpaid leave entitlements

Question 15

what do minimum employment standards do

Answer 15

preserve working conditions within the business

Question 16

how minimum employment standards kept in check

Answer 16

through the national employment standards outlining the 10 entitlements of every employee in Australia

Question 17

who enforces the national employment standards

Answer 17

the fair work commission

Question 18

what are some examples of the 10 entitlements of the national employment standards (4)

Answer 18

Maximum of 38 normal working hours + reasonable additional working hours weekly
Request for flexible working arrangements
Parental leave and related entitlements
Annual leave

Question 19

what is Australia’s minimum wage

Answer 19

$18.93 per hour or $719.20 in 38 hour week

Question 20

what does having a minimum wage allow for

Answer 20

it provides a safety net for vulnerable workers, who have few skills or limited bargaining power

Question 21

what do awards do

Answer 21

they determine the legally enforceable minimum standards that apply to a particular business or industry

Question 22

what aspects do awards cover (5)

Answer 22

pay rates
overtime
allowances
leave
redundancies conditions

Question 23

what is enterprise bargaining

Answer 23

collective agreements made at the workplace level between employers and employees, that can replace awards

Question 24

what happens after a enterprise bargain has been struck

Answer 24

go to the fair work commission for approval, by using the boot test

Question 25

what is the boot test

Answer 25

Better off overall test, makes sure that the agreement aren’t worse off under this agreement than the awards

Question 26

list some types of employment contracts (3)

Answer 26

individual contracts
casual contracts
part time contracts

Question 27

what are individual contract for

Answer 27

they apply to executive managers in the private sector + employees in small businesses, and outline the agreement for working

Question 28

What does a casual contract entitle a employee with

Answer 28

25% of casual loading, but don’t get benefits such as leave + superannuation

Question 29

what does a part time contract entitle a employee with

Answer 29

receive pay on a pro-rata basis and do also receive some benefits such as leave and superannuation