Employment Contracts In Australia Assignment Help
In this unit, students examine the Australian Workplace Relations System and its role in regulating the workplace with special emphasis on discrimination, sexual harassment, occupational health and safety and employment law.
LO1 Explain workplace diversity, anti-discrimination, sexual harassment, and the role of the Human Rights and Equal Opportunity Commissions.
LO2 Explain workplace safety, bullying, occupational health and safety, and the role of Worksafe.
LO3 Analyse the National Employment Standards, Modern awards, enterprise agreements, and individual flexibility agreements.
LO4 Describe the history and role of unions, employer associations, the Fair Work Tribunal, the Fair Work Ombudsman, and the courts.
LO5 Explain the tests of employment, the main terms of employment contracts, and the duties of employers and employees; and.
LO6 Analyse termination and notice issues, and issues relating to breach of awards, underpayments, adverse actions, dismissal (unlawful, unfair, constructive, summary and wrongful dismissal), and redundancy.
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Introduction
Having a contract defines the limitation and work for a particular task. The employment contracts defines the rights and limitation of a labor as well as the employer. Since the early ages of employment, the employees have gone through unprecedented amount of discrimination. Therefore, having a discrimination policy against the employee have been set up. Historically, the employees faced issues with the employment policies. However, few cases relating to employer complaining about the output of employee were observed. Therefore, the government throughout the world have come up with laws and limitations to protect the interest of the employee as well as the employer.
Issues
The country known as Australia has gone through multiple employment discrimination cases. Even to this date, multiple cases relating to employment discrimination are coming forward (pcclawyers.com.au, 2019). There are multiple employment contract in Australia that protects the rights of the employees. The fair work act of 2009 being one of the most famous. This act deals with the relation between the employee and employer and comes to a mutual understanding. As the name suggest, it provides safety to all the employees and ensure fair work system in an organization. It works as a safety net for employees in most of the situation and works all throughout the nation. However, in Western Australia the fair work system applies only to those places where NFP is a constitutional corporation.
Rules
According to Worldwide, (2019) the employment contract must contain the following. Duty of the employee, Total amount of hours of work, the working days, total payment, place of work, employment statues (part time or full), employment condition, including leave and other entitlements. As stated above, the employment contract is a type of contract that are used as a basic guideline to define the rights and responsibilities between the employer and employee. The act provides the terms and conditions of the employment (legalaid.vic.gov.au, 2019). It provides a set of rights and responsibilities that needed to be followed by the employer and employee as well. Provides a particular set of compliance and enforcement of the act.
Analysis
The fair work act of 2009 is considered as a primary source of legislation that helps to govern the entire workforce sector in Australia. The rules and regulation that are outlined by the fair work system is known as national workplace relations system. This helps the country to deal with the internal labor issues with a balanced framework for productive workplace.
Australia has national employment standards that includes 10 legislated provisions. Every Australian business owner have to amend these provisions and it is mandate by law. Every size of company and lawful industry types comes under this provision. The primary focus of these provision is to safeguard the interest of the labor.
Some employees are covered in an extra layer of provision, which is called Modern Awards these provisionscome after the employment standards. Modern awards is an addition set of rules and regulation further defines the employment agreements (austrade.gov.au, 2019). It mostly covers the entire industry and occupation sector and helps with the standardization of the employment. However, miscellaneous award is also present on top of the modern award and covers any employees who are not covered with modern award.
Most of the time modern award consists of rules and regulation that are very much related with the minimum salary and wage system, type of employment penalty rates agreement regarding flexible working, rest breaks leaves and many more similar types.
The minimum national wage system in Australia has helped many workers throughout the nation. This signifies the minimum amount of money need to be paid to the labor of every lawful sector. The minimum payment to a work is signified under the type of industry they are working. It can be a modern award, enterprise agreement or national minimum wage order(humanrights.gov.au, 2019). The amount of money that need to be paid under national minimum wage and modern award are not constant. Giving the employer a gap to exploit this sector in a way that helps the interest of the investors. However, it does not take place because; the Fair Work Commission (FWC) takes a close look into them every year. It also makes changes if needed and help the overall economy to grow. It looks after the national living standards and make changes in the minimum wage rate system accordingly. The changes in the rates takes place based on the economic financial prediction of the upcoming years.
The employment contracts are getting better and more employee oriented with every passing day. The employers are providing clearer and specified contracts to the employees. Here are some things that are defined clearly in a contract that are signed between the employer and employee. Amount of bonus, dispute resolutions, end of employment date (ag.gov.au, 2019). State of jurisdiction, work definition, salary or wages, working hours, confidentiality, provision period and many more. The clear and complete knowledge of the employment contracts are reducing the amount of dispute largely. Australia is currently following the common law of employment, which includes written and unwritten for the most of its labor. It also follow work place agreement, independent contractor and award form of employment.It largely covers all the areas of employment and satisfy the law in most of the cases. However, as stated above, the number of loopholes within the minimum wage rate scheme are very large and need to be addressed.
A case study between mc Donald VS state of south Australia, suggest the behavior of employee in the work space. Mr McDonald was a school teacher who was employed by the defendant, it suggests the department of education and child services (DECS) (iclg.com, 2019).
His behavior was very bad therefore he was asked to leave by the employer. The result of the case came in favor of DECS. The former teacher was guilty of the wrong doing and had to pay for his misbehavior.
Conclusion
The above discussion is based on the human resource management and law of Australia. To conduct this discussion the IRAC method has been applied. A brief discussion of employment act of 2009 has been conducted. It includes the matter that need and need not to be in a contract. The employment system of Australia is considered as one of the best employment systems in the world. However, it too has some flaws that need to be addressed. The laws that protect the rights of the employees are very much refined and effective in nature if compared to the laws that are outside of this country.
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