HRM107 Lecture Notes - Lecture 4: Federal Circuit Court Of Australia, Fair Work Ombudsman, Better Off
30 May 2018
School
Department
Course
Professor
Week 4 The Law
Employees
- No single factor determines whether a person is an employee or a contractor
- Courts look at each case and make a decision based on the totality of the
relationship between the parties when determining the status of a person’s
employment
Sources of Legal Obligations
Law in Australia originates from two main sources:
Common law - created by judges e.g. contract laws and negligence
Statute law - created by parliament e.g. labour law, discrimination law
Employment Contracts
- An agreement between and employee and employee that sets out the basic
terms and conditions (wages, conduct, job title)
- Can be written or verbal
- An employee contract cannot provide for less than the legal minimum set out
in the National Employment Standard or an Award/enterprise agreement
- The common law that also establishes the duties of both employers and
employees which exists at law independently of the contract
Australian Industrial Relations Framework
1. The legislation includes Fair Work Act 2009, the National Employment
Standards (NES) and the modern awards components
2. The industrial institutions includes the main tribunal Fair Work Commission
3. The industrial relations process determines terms and conditions for
employment, terms and conditions, legislation, modern awards and bargaining
4. The NES are set by the Federal Parliament and modern awards decided by
the Australian Industrial Relations Commission
Policies
Workplace policies -
- Articulate how human resource management issues will be dealt with
- Communicate the expectations of employee behaviours and performance
- Ensure uniformity and consistency in decision making and procedures
- Significance of language used (aspirational [aspire] vs promissory [promise])
- Workplace policies may regulate aspects of employment including:
- Code of conduct
- Recruitment
- Internet and social media use
- Drug and alcohol policy
- Health and safety
- Anti-discrimination
- Grievance handling
- Discipline and termination
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Statute
Federal and State-based employment law also regulates employment relationships
and industrial relations. Includes The Fair Work Act 2009
The Fair Work Act (2009)
- aims to provide a unified system of industrial law in Australia. Some
employees remain covered by state-level industrial law, where their employer
is not a national system employer covered by the Fair Work Act
- Is the current major federal industrial legislation. It replaced the Workplace
Relations Amendment Act 2005
Key aspects
- Established the Fair Work Commission tribunal
- Sets minimum wages
- Legislates 10 minimum conditions known as NES
- Creates modern industry awards
- Creates minimum standards for all employees requires good faith bargaining
- Includes forms of contracts between employers and employees
- Organisation devoted to unfair dismissal
National Employment Standards
1. Maximum of 38 hours of work per week
2. The right to make written requests for flexible work hours
3. Entitlement of 12 months’ parental leave
4. Entitlement to 4 week paid annual leave
5. Entitlement to 10 days of paid sick leave
6. Entitlement to long service leave
7. Entitlement to refuse public holiday work
8. Entitlement to community service leave
9. Notice for termination and redundancy pay
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
No single factor determines whether a person is an employee or a contractor. Courts look at each case and make a decision based on the totality of the relationship between the parties when determining the status of a person"s employment. Law in australia originates from two main sources: Common law - created by judges e. g. contract laws and negligence. Statute law - created by parliament e. g. labour law, discrimination law. An agreement between and employee and employee that sets out the basic terms and conditions (wages, conduct, job title) An employee contract cannot provide for less than the legal minimum set out in the national employment standard or an award/enterprise agreement. The common law that also establishes the duties of both employers and employees which exists at law independently of the contract. Australian industrial relations framework: the legislation includes fair work act 2009, the national employment. Articulate how human resource management issues will be dealt with.
