This article discusses various clauses in employment law such as redundancy payments, opt-out clause, unfair dismissal, medical examinations, and income protection insurance for senior staff. The Fair Work Commission provisions are explained in detail. The article also provides references for further reading.
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Running head: EMPLOYMENT LAW Employment Law Name of the Student Name of the University Author note
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1EMPLOYMENT LAW 1. A clause which provides for redundancy payments which are higher for senior employees over the age of 60 As per theFair Work Commissionemployees receive redundancy pay that is based on the continuous period of service with their employer. However, the base rate of pay of the employer is the pay rate they get for working their ordinary hours (Taylor and Emir 2015). It doesnotincludepenaltyrates,loadings,monetaryallowancesandincentives.This commission states that not every employee receives redundancy payments which are higher for senior employees over the age of 60. 2. A clause which allowed an employee to opt out of the agreement and instead be covered by underlying award According to the provisions of theFair Work Commission, the employment contract is treated as an agreement that is formed between the employer and the employee setting out the terms and conditions (Painter and Holmes 2015). The employees are usually covered by the National Employment Standards and hence the awards, enterprise agreements can be applied. Therefore as per this clause, an employee can have the liberty to opt out of the agreement and instead be covered by the underlying award. 3. A clause which allows an employee to challenge dismissal from employment on certain specified grounds of unfairness after three months service TheFair Work Commissionstates an application of unfair dismissal must be lodged. The application should be submitted within 21 days of the dismissal to make it become effective. After three months of service, an employee does not have the right to challenge dismissal from employment on certain specified grounds of unfairness. The unfair dismissal can be effective only if the employee is dismissed with a notice period. However, the
2EMPLOYMENT LAW dismissal will become effective until the end of their notice. Generally, few individuals does not require to work out their notice but receive the payment instead of the notice. 4. A clause which calls for annual medical examinations for operators of dangerous equipment on the grounds of safety TheFair Work Commissionstates that medical examinations must be made for operators of the dangerous equipment on the grounds of safety. Relevant rule illustrates and provides relevant rule regarding safety at workplace for the workers or employees associated (Stewart 2013). The grounds for safety plays an significant role for keeping the employees satisfied with their work and the environment they are working in. 5. A clause which requires the employer to pay premiums for income protection insurance for its senior staff It can be stated that insurance is provided to all the employees associated with their organization. TheFair Work Commissiondefines that for utilizing the insurance, the employer must pay the premium. The income protection insurance for the employers is important as it helps the employees to recover any kind of insurance for its senior staff (Blanpainand Bisom-Rapp 2014). For protectingtheincomeof the seniorstaff, the employees are entitled to receive insurance. Therefore, the employer can protect the income by giving insurance to the senior staff.
3EMPLOYMENT LAW References: Blanpain, R. and Bisom-Rapp, S., 2014.Global Workplace: International and Comparative Employment Law Cases and Materials. Wolters Kluwer Law & Business. Painter, R. and Holmes, A., 2015.Casesand materialson Employment Law. Oxford University Press, USA. Stewart, A., 2013.Stewart's guide to employment law(Vol. 3). Sydney: Federation Press. Taylor, S. and Emir, A., 2015.Employment law: an introduction. Oxford University Press, USA.