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

Business study Year 12 > M3 topic 2 part 2 legal: legal framework, employment contracts > Flashcards

Flashcards in M3 topic 2 part 2 legal: legal framework, employment contracts Deck (29)
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1
Q

what is the H.R legal frame worked based on

A

Industrial relations

2
Q

what is industrial relations

A

the relationship between employers/management and employees

3
Q

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

A

The fair work commission

fair work ombudsmen

4
Q

how do the fair work commission and ombudsmen operate

A

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.

5
Q

how have industrial relations changed in Australia (2)

A

1970’s centralised system

1990’s - 2000’s decentralised system

6
Q

what was a centralised industrial relation system like

A

government determining system of awards

7
Q

what was a decentralised industrial relation system (2)

A

removing government influence

more flexibility in workplace negotiations

8
Q

what are employment contracts

A

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

9
Q

what do employment contracts state

A

both employees and employers must follow common law

10
Q

what is common law

A

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

11
Q

list some employer obligations (3)

A

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

12
Q

list some employer rights (3)

A

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

13
Q

list employee obligations (3)

A

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

14
Q

list employee rights (3)

A

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

15
Q

what do minimum employment standards do

A

preserve working conditions within the business

16
Q

how minimum employment standards kept in check

A

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

17
Q

who enforces the national employment standards

A

the fair work commission

18
Q

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

A

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

19
Q

what is Australia’s minimum wage

A

$18.93 per hour or $719.20 in 38 hour week

20
Q

what does having a minimum wage allow for

A

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

21
Q

what do awards do

A

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

22
Q

what aspects do awards cover (5)

A
pay rates
overtime
allowances
leave
redundancies conditions
23
Q

what is enterprise bargaining

A

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

24
Q

what happens after a enterprise bargain has been struck

A

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

25
Q

what is the boot test

A

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

26
Q

list some types of employment contracts (3)

A

individual contracts
casual contracts
part time contracts

27
Q

what are individual contract for

A

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

28
Q

What does a casual contract entitle a employee with

A

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

29
Q

what does a part time contract entitle a employee with

A

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

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