Employment Law | Memorandum | Doc

EMPLOYMENT LAW
Employment Law
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Professor
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EMPLOYMENT LAW
Part A
MEMORANDUM
To: Director of People and Systems
From: The HR senior officer
Date: 10 /10/2015
Subject: Employees working needs
Attention has been drawn by some of our employees who are enquiring about the replacement of
their working tools. Besides, they are also asking about the benefits they should acquire while
working away from their designated working stations. The concern has been raised by one of our
employee Justine Barber who is a level 2 part-time Barger artist stationed at Victoria stores. The
employee wrote through an email enquiring whether she is entitled to a fresh weekly uniform if
she will get compensated for the use of public transport and childcare costs due to relocation and
what her weekly pay will be after including weekend's penalty rates.
In response to this, according to the Fast Food Industry Award of 2010 ((s.19.2) (b) (ii)), the
employee will be entitled to payment of a laundry fee of 1.25 per shift. Besides, according to
(FFIA s. (17.0)), the employee minimum weekly wages from Thursday to Saturday should
amount to $764.90, which is the minimum wage for a level 2 employee. (FFIA s.19.4 (a)) states
that excess traveling costs due to relocation will be refunded if the employee works at the other
branch for a period exceeding three weeks. According to (FFIA s.19.4(c)) the employee will be
paid some extra fee due to time spent while traveling from home to his usual place to work and
back (Lester, Mercurio & Bartels, 2016 p.87). The employee was entitled to weekend penalty

EMPLOYMENT LAW
rates according to (FFIA s A5.2), "which requires an employer to pay loading and penalty rates
of about 80% relevant to an employee to pay". However, this fee will cater to ordinary traveling
time except on public holidays and weekends. Justine Barber will also be entitled to
reimbursement, which will cater for him and his family due to the transfer from Melbourne,
CBD to one of the company's stores this is as per. (FFIA s.19.5 (a)). The above response should
be presented to Justine Barber as a response to his inquiry to ensure smooth, healthy and friendly
working conditions.
Table 1; Justine Barber is entitlements
Entitlement Weeks’ pay Calculation
Minimum wages on
Thursday and Friday
(FFIA s.(17.0))
8 hours 8x $21.29 $170.32
Minimum weekend
wages ( Saturday)
(FFIA s.(19.0)
11 hours 11 x $25.10 276.71
For laundry (FFIA
s.19.5 (a)).
1 shift 1x $1,25 $1.25
penalty rates (FFIA
s.19.4(c))
Saturdays (80/100 x $764.90) $59.90
$507.57
Attention has also been drawn by another employee Marley Carrus who is a level 1 casual
employee and has worked for 14 months. The employee complains of not getting a response

EMPLOYMENT LAW
about an application he made two weeks ago on a fulltime advertised position. With response to
this, the Fast Food Industry Award of 2010 (s. 8.1 (a) (i)) "that an employer must notify all
employees on a decision to bring major changes in the organization, structure, and production."
Besides that (FFIA s. 8.1 (b) (ii)) states that "the employer should discuss the change with the
employees or their representatives in the event of bringing change.” Therefore, I find that Marley
should get a response regarding his application taking into consideration the process closes soon.
The payroll officer has also declared Marley last week's adjustments totaling to 39 hours.
Besides that, Marley has been working for 45 hours in some of the weeks. According to (FFIA s.
18.0) "a junior employee of 19 years is entitled to 80 % of a level one casual worker weekly
wage". The employee worked for 10 hours on a Saturday, which, according to (FFIA s. 25.5 (b)),
the casual employee is entitled to 25 % in addition to his casual rate. According to (FFIA s.
25.5(a) (i)), "the casual employee is entitled to 25 % allowance as a loading fee for work
performed between 9.00 pm to midnight". The pay role officer should process and make
payments to the employee to ensure compliance with the Fast Food Industry Award 2010
(McCrystal, 2018, p.98).
Table 2; what Marley Carrus is entitled to get. .
Entitlement Weeks, pay Calculation
Junior rates
earnings 19 years
(FFIA s. 18.0)
45hours 0.17 X (45 hrs.)}
$7.730
Full time casual
pay rate (FFIA s.
1 week 1 x $721.50 $721.50

EMPLOYMENT LAW
(17)
8hrs day Stalking
fridges (fortnight)
(FFIA s. 25.5(a)
(i))
8 hours 8 x $180.375 $1,443.
Saturday night
(FFIA S. 26.5
(b))
10 hrs. (10x1.717)+ 25
% Allowance(0.25
x721.50)
$182.092
Pay role owed for
39 hours (FFIA s.
18.0)
39 hours (39 x1.17) $45.63
$2,399.95
Note $1.17 is the pay amount for a level 1 employe in one hour
The pay role officer should process and make payments to the employee to ensure compliance
with the Fast Food Industry Award 2010.
Part B
Construction, Forestry, Maritime, Mining and Energy Union
Construction, Forestry, Maritime, Mining, and Energy Union is an organization based in
Australia.
https://www.fwc.gov.au/search/document/all?search_api_views_fulltext=Construction%2C%20Forestry
%2C%20Maritime%2C%20Mining%20and%20Energy%20Union.The union is mainly involved in
building and construction, forestry marine time, and manufacturing. Besides, the association is

EMPLOYMENT LAW
also engaged in mining and energy generation. The offices to this organization are based in all
capital cities across Australia and in all major regional centers. An agreement by the name A.F.
sarri pty ltd t/as sarri painters (queens wharf project) union collective agreement 2018 was made
by the union to cover all its employees. The agreement is legally binding and includes the
CFMEU, its employees, and the AMWU under building and construction work performed by the
employees on a given project.
Marley being a casual employee in the Construction, Forestry, Maritime, Mining, and Energy
Union, earns 18.65 per hour. She has been an employee for 12 years but feels the work rates a far
much below the enterprise agreement in consideration of her age and the role she performs. In
the chosen agreement, Marley could lie as a casual employee who, according to A.F. sarri pty ltd
t/as sarri painters (queens wharf project) union collective agreement 2018. IN this agreement
(CFMEU, s.17.1), a casual employee is any individual employed on an occasional basis and
whose work performance part ten is not systematic and regular. According to this agreement
(CFMEU, s. (47.1) (a)), Marley could lie in the apprenticeship salary scale since she is a casual
employee with no specific skill. In this organization, Marley could earn a higher salary rate of
$38.93 per hour as compared to her previous $18.65 per hour (CFMEU, s. (47.1) (a)). The
chosen agreement is way far much better than the last agreement since the salary scale rate per
hour is higher as compared to the previous agreement. Besides that, Marley is also entitled to 125
% of the hourly payment during the ordinally working time (s. (17.3)). Besides that, while
working on weekends, Marley will be entitled to 175% in the situation where the appropriate
penalty rate. According (CFMEU, s. (17.5) (a)) an employee will be entitled to a 225%of the
regular hourly rate where the appropriate penalty is double the time.

EMPLOYMENT LAW
Marley entitlements as per A.F. sarri pty ltd t/as sarri painters (queens wharf project) union
collective agreement 2018.
Entitlements Pay per hour Calculation
Earning per hour
(CFMEU, s. (47.1)
(a)).
$38.93 x 1 $38.93
Ordinally working
time s. (17.3)).
1 hour (125% x $38.93 x
1)/100
$48.66
Penalty rate
(CFMEU, s. (17.5)
1hour (175 % x $38.93 x
1)/100
$68.13
155.72
Justin Redundancy entitlements as per Fast Food Award
Entitlements Weeks’ pay Calculation
Earning per hour
(FFIA s.(17.0))
1 hour $18.65 x1 $18.65
Ordinally working
time(FFIA s.(17.2))
1 hour $27.11 x1 $27.11
Penalty rate (FFIA
s.19.4(c))
1 hour $25.10 x1 $25.10
$70.86
A drop in the business, causing the role of Burger artist to be made redundant, Justin has to be
terminated off his duties. (CFMEU, s. (21.4))" states that the employer shall pay the employee all

EMPLOYMENT LAW
his accrued payments and any other wages in two days." "Besides that, the employee can claim
payment for the time taken when waiting for these payments to be processed up to a maximum
of 8hrs this must be incursive of all weekends". (CFMEU (21.5) states that the employee is to
pay the terminated employee for any public holiday occurring in the period of annual leave that
would have been paid if the employee commenced the holiday during his termination" (Walpole,
2016 p.31). During the period of termination, the employee must take note of all her legal
entitlements, including a prior notice to his dismissal. Comparing this agreement with the Fast
Food Award, A.F. sarri pty ltd t/as sarri painters (queens wharf project) union collective
agreement 2018 is better since it has more entitlements for a worker during his work termination
period.
Justin Redundancy entitlements as per A.F. sarri pty ltd t/as sarri painters (queens wharf project)
union collective agreement 2018.
Justin Redundancy entitlements as per A.F. sarri pty ltd t/as sarri painters (queens wharf project)
union collective agreement 2018.
Entitlement Weeks’ pay Calculation
Redundancy fee.
(CFMEU, s. (21.4))"
$1439.07 $4 1439.07 x 4 $5,756.28
Leave and holiday
allowance (CFMEU
(21.5)
$39.97 $39.97 x24 $959.28
$6715.56

EMPLOYMENT LAW
Assumptions
Assuming that Justin had gone for a leave of 24 hours during the termination of the contract
Justin Redundancy entitlements as per Fast Food Award
Entitlement Base rat pay Redundancy pay
period
Redundancy pay
Redundancy fee
ADF s (17.1) (a))"
$764.90 4weeks $3059.60
$3059.60

EMPLOYMENT LAW
References
Lester, S., Mercurio, B. and Bartels, L. eds., 2016. Bilateral and regional trade agreements:
Commentary and analysis (Vol. 1). Cambridge University Press.
McCrystal, S. (2018). Termination of Enterprise Agreements under the'Fair Work Act 2009'(Cth)
and Final Offer Arbitration. Australian Journal of Labour Law, 31(2), 131-156.
Walpole, K., 2016. How is employees’ input and influence over collective agreements shaped by
Australia’s Fair Work Act? Labour & Industry: a journal of the social and economic relations of
work, 26(3), pp.220-236.