Legal test
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- Created by: Samuel Atkinson
- Created on: 24-08-16 09:42
Paragraph 1 act and means 1
• Workplace Relations Amendment (WorkChoices) Act 2005 (Cth) o Limits means by which employees can resolve conflict by limiting permissible claims for unfair dismissal
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Workplace act meaning 2
♣ Small businesses of less than 100 ♣ The employee was employed for a probationary period of less than 6 months ♣ The employee earned more than $101300 o Act encouraged negotiation directly between employers and employees, with limited third party in
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Workplace media 3
• “Employer group calls for workplace relations reform” Aug 2016 Human Capital o Argues that following the Productivity commissions recommendations for workplace reform, allowing greater use of Unions in the rae of unlawful termination
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Paragraph 2 act 4
• FairWork Act 2009 (Cth) o Introduction of the National Employment Standards, replacing fiar pay and conditions standards
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Fair work act following
o Maintained some elements of the WorkChoices Act, the National System of Industrial Relations o Allowed for more scope on Trade Unions, as well as the establishment of regulatory bodies to establish means to deal with matters arising from the act
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What are the regulatory bodies? 6
♣ Fair Work Commission ♣ Fair Work Ombudsman
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Paragraph 2 media 7
• Australia: Termination gets personal - could employee dismissal be considered unfair? 17 August 2016
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Media study 8
o In exercising this power, employers must consider the employee's personal circumstances and identify whether they are so extraordinary that termination would be considered unfair o Thus better resolving conflict through encouraging greater cooperat
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Paragraph 3 areas of resolving conflict 9
o Fair Work Obudsman ♣ Unlawful termination can be investigate by the FWO and can instigate legal action in the federal court
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FWO courses 10
♣ Can take numerous courses if an unlawful action occurs • Issuing a caution to the employer • Seek underpayment owing to the employee to claim up to $20000 through small claims procedure
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FWO article 11
o Directors Beware - Australian Fair Work Ombudsman unafraid to pierce the corporate veil Lexology 21/07/16 ♣ Creating equal representation of people
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Para 3 areas of resolving conflict (2) 12
o Fair work Commission ♣ Notifies the employer following an dismissal plea by the employer ♣ Have a private conference with both and finds reasonable attempts to fiox the matter
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FWC media
o Union takes cash to Fair Work Commission Aust 16/08/16
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Redundancy para 4 14
• Fair Work Act 2009 (Cth) o Protected in provisions of the act which form legislation as part of NES to provide protection for redundant workers
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Case redundancy 15
• Under the AIRC redundancy case 2004, most federal and state awards contain provisions to provide protection for redundant workers
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Redundancy scheme 16
• General employment entitlements and redundancy scheme • Broaden employee entitlements to include unused annual leave, unpaid wages, pay in leiu of notice, redundancy pay and long service leave o Casual hours to count towards redundancy payouts (SM
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Other cards in this set
Card 2
Front
Workplace act meaning 2
Back
♣ Small businesses of less than 100 ♣ The employee was employed for a probationary period of less than 6 months ♣ The employee earned more than $101300 o Act encouraged negotiation directly between employers and employees, with limited third party in
Card 3
Front
Workplace media 3
Back
Card 4
Front
Paragraph 2 act 4
Back
Card 5
Front
Fair work act following
Back
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