Unmatched Solutions on Fair Work Policy

Employee and Independent Contractor DifferencesWhether Lewis is an employee of the company, or not? Certain differences are present between a person who is deemed as an independent contractor and the one who is deemed as an employee. A contract of service or an employment contract is drawn between the employee and employee, through which, the employer gets a control over the employee. Due to these reasons, the employee cannot delegate the w...

Overview of the Better Off Overall Test (BOOT)Better Off Overall Test (BOOT) is a test that is under the relevant modern award that includes all workers covered by the enacted enterprise agreement. It ensures that every award covered worker and every considered award covered worker should be in a better position based on the arrangement than they would if the appropriate award is applicable to them. The Better Off Overall Test is applicable du...

Enterprise AgreementsLetter of Advice 23 March 2017. Local Carpenters and Joiners Union, 89 Downing Street, Sydney, NSW. Dear LCJU, RE: Legal action against Brilliant Joineries After listening to the problems you are presently facing, as a result of the conduct of Brilliant Joineries, I have conducted some research regarding the employment and industry relations legislations and case laws. After a thorough examination of these, it is my...

Quest South Perth Holdings Pty LtdFAIR WORK OMBUDSMAN V QUEST SOUTH PERTH HOLDINGS PTY LTD [2015] HCA 45 The brief facts of the case were that Quest encouraged two employed housekeepers to become independent contractors for the purpose of being engaged for third party work. Issue The main issue for determination was whether Quest South Perth Holdings Pty Ltd (hereinafter referred to as Quest) was, when it represented to the housekeepers tha...

Discussion Discuss about the Unfair Dismisal Law and Employees for Small Business Fair.  In Australia, there are certain legislations that protect the interest of the employees so that their respect could not be affected. Provision of unfair dismissal protects the employees from being terminated on unreasonable factors. It is the part of the Fair Works Act 2009 and section 772 of the Act deals with the unfair termination of the employ...

The nature of the industrial disputes between Oaky Creek Coal Pty limited and the CFMEUDiscuss about the Industrial Dispute Report Between Oaky Creek Coal Mine and CFMEU. Industrial disputes have become common in the modern working environments. The prevalence of industrial cases in the global market has increased and hence increasing concerns about the effectiveness of fair and work commission in handling the disputes (Wright & Lan...

Issues at Oaky Creek Coal Pty. Ltd.Discuss about the Human Resource Management and Employment Relation of Oaky Creek Coal PTY. LTD. There has been a dispute in the Oaky Creek Coal PTY. LTD. for many years. The miners do not really like the decision that has been taken by the Glencore. They claim that earlier they had a very strong union and they are really at their freedom however now they no longer have the freedom of working in their ...

The Importance of Music in SocietyQuestion:Discuss about the Musical Theatre Analysis for Pathos, Ethos and Logos. The above quoted line clearly indicates the importance attached to music as the medium to articulate the inarticulate. Music has been primarily seen as a form of entertainment for the people and also a way to pass their leisure time. Music has been an important part of our society since the ancient times however in the recent t...

Agreement is the first requirement to form a legally binding contractQuestion:Discuss About The Independent Contractors Employees Retrieve? The contract law of Australia has been adopted from the corresponding law of England with some modifications and developments. Under the Australia contract law the essential ingredients to form a valid contract enforceable in the courts of law are identical to those which are basically required in other acc...

Making of AgreementsDiscuss about the Internal Organizational Boundaries and Commission. The fair work commission is an independent body whose mandate is to ensure good workplace conditions and maintenance of safety net of minimum salaries, in addition to other employment functions and regulations. The Fair Work Act enhances a more national framework for controlling industrial relations in Australia. Every state has the right to provide...

Permanent Employee's RightsDiscuss about the Queensland Parliamentary Library. Independent contractor is appointed to provide goods and services, and no one give him instructions regarding his services while on the other hand employee receive instructions from his employer about his work. Independent contractor use his own methods and procedure for providing goods and services, but in case of employee methods and  procedures are...

About enterprise bargaining and agreementsDiscuss about the Report for Enterprise Bargaining under Fair Works Act, 2009. Employment relations have evolved overtime and have become fairer towards employees. In Australia, the trade unions became visible after the industrial revolution in 1860’s and 70’s. The transition of various trade and labor acts throughout the 19th century, legalize the collective negotiation for employees ...

Employment Law Explain the constitutional basis for the Fair Work Act 2009 (Cth) with reference to the Australian Constitution and discuss the relationship with Australian common law, with reference to the National Employment Standards. The Fair Work Act, 2009 is a labour welfare legislation aimed at improving the relations between employees and employers so that productive workplace relations can be formulated which would further help in pro...