Employment Law

Running head: EMPLOYMENT LAW
Employment Law
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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 the Fair Work Commission employees 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
does not include penalty rates, loadings, monetary allowances and incentives. 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 the Fair 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
The Fair Work Commission states 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