Letter of Advice on Employment Law Issues

This letter of advice discusses the employment law issues related to two employees, Donny Trumple and Scottie Morganson. It covers topics such as pay rates, conversion from casual to full-time, and other relevant information.

Employment Law

Summary Information
To: The senior manager
From: HR assistant manager
Date: xx/xx/2020
Subject Matter: Letter of advice regarding taking your consideration towards the problem of two
employees; Donny Trumple and Scottie Morganson
Introduction
Apurva invited me to join the group as a senior human resources officer and asked you to advise
on any related issues. She asks me to arrange an answer on the issues that lie with her before I
contact the delegates, as I am going to work and I am comfortable with procedures and
procedures work. This is expected to earn him an important honor.
There have been two cases discussed in the Memo:
1. Donnie Trumple is filling in as a "greaser" in the space of a 13 month break in one of the
Victorian areas. For the past two months he has worked in 12-hour shifts, six days a week, from
6 in the morning to 6:00 p.m. (he does not rule on Mondays). He is 22 years old and his
administrative background indicates that he is a better than average employee, which is
acceptable with normal collaboration.
2. Enter Scottie Morganson as a low maintenance agent (unchanged) for six months. He works in
"Adelaide Factory 2" from Wednesday to Saturday on the production lines as a quality assurance
employee - his business involves an irregular inspection of one or two weaving patterns in any
case when he shows that he has renounced his role in the creation line. From Wednesday to

Friday it is dynamic from 12 in the evening until 21:00. Saturday is active from 12 until the
evening until 12 in the evening.
The information contained in the memo:
Problems of each employee, current issues which is required to be resolved and preparing
employment agreement (EA) with the workforce.
Main Content
Part A – The award
Q1. Donny Trumple
1.1 Pay should be amended:
 He’s under the classification of C10 and additional to this having associate diploma with
1 year relevant work experience.
 He’s eligible to get $26.07 for afternoon shift and $26.07 for night shift.
1.2 Pay rates
The table for pay rate has given below:
Classification Aftern
oon
shift
Night
shift
Evenin
g or
night
shifts -
under 5
advanc
ed
movem
ents (or
6
movem
ents in
a
multi-
day
Evening or
night shifts -
under 5
advanced
motions (or 6
motions in a
multi-day
seminar) -
after 3 hours
Night
shift -
nonrotati
ng
Saturday
-
shiftwor
ker
Sunday
-
shiftwo
rker

semina
r) -
initially
3 hours
Partner
Diploma or
National
Advanced
Diploma - 1
year of
important
working
knowledge
$26.07 $26.07 $34.01 $45.34 $29.47 $34.01 $45.34
1.3 Conversion from casual to ongoing full time
(a) A Casual conversion is the point where agents in hand are given the right, with some
exceptions, to request a full-time position or reduced maintenance after a certain period of
residence. Not all companies will be familiar with the idea of Casual conversion, because in
many organizations and businesses there have been no rights of change and promises for a
long time. From 1 October 2018, wherever they are located, the rights and promises of
transformation will affect most racists across Australia.
(b) Under the Work Choices system from 2006, casual conversion terms couldn't be
remembered for Federal honors. At the point when Work Choices was revoked by the Fair
Work Act in 2009, easygoing change statements were at first just remembered for Modern
Awards for enterprises where easygoing transformation had gotten standard. As a piece of
the four yearly Modern Award survey in 2017, the Fair Work Commission verified that every
single Modern Award ought to incorporate an easygoing change term. From that point
forward there has been a lot of open interview with regards to the type of the model term to
be remembered for Modern Awards. On 9 August 2018, the concluded type of the model
term was resolved, similar to the way that from 1 October 2018 a model transformation term
will be remembered for Modern Awards.
(c) Right to request casual conversion:

I. One subsidiary of a particular organization, such as an average resident employee,
may request that its operations be converted to full-time or low-maintenance
businesses.
II. Running to the mill and a simple worker is a simple expert who worked in the
previous period of an hour’s case on an ongoing basis who, without significant
changes, could go on to become a full-time representative or expert low support in the
extension understand this respect.
III. An average employee who has been working proportionately full-time compared to
the previous period of one year of stay activity may request to change his activity so
that he can continue all day.
IV. A typical easy worker who did not work full-time in full-time hours in the last year of
easy activity can request that reliable preventative maintenance interventions are put
in place by the employees jobs for example recent working hours.
V. Any questions in this subclass must be filed in hard copy and delivered to the
company.
VI. Where a normal accommodating employee is trying to move to a full-time or low-
maintenance activity, the company may allow the application to be rejected or
rejected, but the complaint may be dismissed simply for reasonable reasons and after
a discussion with the producer.
VII. For any reason to refuse to be sensitive, it must be based on known or tangible things.
VIII. Where the company refuses to change the application for a typical accommodating
representative, the company must provide the accommodating employee with a
commercial definition on the back of a refusal recorded as a hard copy within 21 days
of the complaint being made. If the manufacturer does not recognize the company's
rejection, this will establish a discussion governed by the competition objective
strategy set out in clause X. Based on this approach, the employee or company can
bring the matter to Fair Work. Commission if the dispute cannot be resolved at the
workplace level.
IX. The change will bring results from the start of the following clearing cycle after that
understanding has been achieved but at least agreed upon.

X. When an accommodating producer has switched to full-time or low-maintenance
business, the employee can simply return to accommodating work with the combined
understanding of the business.
XI. An accommodating employee cannot be blocked and reconnected (which includes
refusing to reconnect), nor can he reduce or modify his hours, to maintain a strategic
distance from the welfare state or any company within the meaning of this provision.
XII. Nothing in these conditions forces a typical easy-going agent to switch to full-time or
low-maintenance work, or authorizes your company to request a customized easy-
going employee to adjust accordingly.
XIII. Nothing in this provision requires companies to extend the hours of a typical
easygoing employee who is looking to switch to a full-time or low-maintenance
activity.
XIV. A business must give an easygoing worker whether a customary easygoing
representative or not, with a duplicate of the arrangements of this statement inside the
initial a year of the representative's first commitment to perform work. In regard of
easygoing workers previously utilized as at 1 October 2018, a business must give
such representatives a duplicate of the arrangements of this sub clause by 1 January
2019.
XV. An easygoing worker's entitlement to demand to change over isn't influenced if the
business neglects to consent to the notification prerequisites in proviso XX(p).
Donny Trumple is currently working in two stores in Sydney's CBD area. Donnie Trumple has
been used consistently for the last 14 months as a housing arrangement. Donny Trumple is
protected by the Fast Food Industry Award (the award) and is described as a “level 1 free food
worker” (s.B.2). Donny Trumple is currently making a roll at a convenient facility (a.13.1). With
a major development in the industry, Donny Trumple worked reliably all day and here and there
up to 45 hours very quickly. Donny Trumple recently made a memorial request for a change in
daily exercises. After the award, an individual configured as an ordinary employee may convert
this weight to long-term, full-time, or low maintenance exercises (a.13.5 (a)). A typical employee
is a residence agent who has been locked up for a more productive period of the year and has a
typical example of hours (a.13.5 (a)). In this position, Donny Trumple has not been working

reliably all day for a year, but his hours have remained constant for 11 months of activity. In
accordance with the award requirements, Donny Trumple presented his registered application as
a hard copy (s.13.5 (e)). This request was received 14 days in advance and without prejudice to
the necessary attention, we now only have 7 days to respond to your appeal (s.13.5 (I)). Despite
the fact that Donny Trumple did not complete the required year as a series of filming by the
producer (a.13.5 (s)), I want Donny Trumple's request to be confirmed from now on. This is
because we will not have a specific incentive to refuse to cease work the following year (sections
13.5 (g) (ii)) with our current full-time producer registration process. Furthermore, refusal is not
good when delayed working times may not change considering the prevalent shortcomings and
progress in transforming the events of the region (s.13.5 (g) (iv)). This is a wish expressed by
Donny Trumple in light of the high position of a low maintenance success. If Donny Trumple is
looking for a low change of maintenance and his hours are not aligned with business needs, the
request for refusal would depend on the significant difference in his days and working times
(a .13.5 (g) (iv)). It is also understood that the registration method is still continuous for the
published position and that this situation must not reduce the hours worked by popular operators.
Donny Trumple also mentioned the help for his compensation. The standards below have been
tested in terms of being a simple level 1 employee. Moreover, given that Donny Trumple is 19
years old, the speed of payment has been determined by the minimum of 80% of the pay week
after week (s. 18).
In terms of job transfers, a weekday shift allowance of $ 161.83 applies. Donny Trumple is
expected to have taken the 30-minute unpaid request (s.27.1 (a)) and his working day did not
start before 6:00 am and ended after 10:00 pm resulted in an extended fine. An additional
indemnity of $ 357.87 applies to Donny Trumple's move on Saturday night. Some variables need
to be considered as this trend moves. The hourly rate is initially informative of the half-stacking
penalty rate on Saturday (s.25.5 (b) (ii)). Furthismore, given that this movement has passed
beyond the longest 11 hours (a.25.3), Donny Trumple is entitled to an additional time compared
to the normal. Due to the duration of his working day, Donny Trumple had unpaid festival breaks
or two two-hour dinners which are not paid. Adopting Donny Trumple by watching two 30-
minute breaks would interrupt all long 13-hour work periods. That way, Donny Trumple would
be entitled to two extra hours of 175% stack time with $ 30.30 an hour. Similarly, Donny

Trumple is entitled to a payment of $ 13.32 per concert, with the suspicion that Donny Trumple
has not been instructed on the additional time required by 24-hour notice (s. 19.1 (a)). Donny
Trumple is also qualified for an apparel salary.
Question 2: Scottie Morganson
Likewise, Scottie Morganson asked for help in recovering her compensation without fail.
Because maintenance is low, level 2 and accumulated for over 20 years, Scottie Morganson's
standard rate is substantial and will be considered by the professional for long working hours
with it (S.17). This would give an hourly rate of $ 21.41 for 38 hours of the normal. Her normal
working hours should take into account the mandatory dinner time Thursday and Friday and
Saturday. His routine work was reimbursed with universal wage pay rate. His Saturday rate
includes a 25% penalty rate, so he charges. In this sense, Scottie Morganson deserves it.
Likewise Scottie Morganson has been called by his supervisor to help distribute patents in the
anothis area. Scottie Morganson was asked to move quickly to anothis branch for 3 months
period of time. In its sphere of competence, the group is reimbursed for travel expenses for
duration not more than 3 weeks period of time. In the event that Scottie Morganson moved
synchronously next branch for duration of maximum 3 weeks, he is eligible to get for the
transition period for the additional 30 minutes which was important for entering area. The
payment speed for this adaptation period will be at the standard hourly rate. In addition, he
would be paid for all assessments in a wealth of what could normally happen after entering his
home store. With the Quick Business Award, no payment is convenient for any additional
childcare costs incurred by employment in the field of medicine.
This expenses under Fair work act point number 15; should be provided without loss of pay and
the extra charge should be reimbursed to him.
Part B. The Enterprise Agreement
1. Understand motivation behind the selected company. Is this sense of effort applied to
everyone or to a piece of the workforce? It shows how far it is included.

The affiliate of Australia is Australian company ltd. which they market is a popular Mexican
food base popular for its products.
Understanding aplicable in a similar way to their associates, licensees, and their performance
associations operating as food establishments throughout Australia (a.4.1). Under this
understanding, insurers are full-time, low-paid and enjoyable insurers.
2. Assume Donny used in understanding the selected campaign. Benefits that matter: Earn
$ 21.25 an hour as an accommodating producer and he has been stuck for a year.
According to the Employment law, the average wage level producer is consistently $ 800.81.
This compare wage rate of $ 21.25. Casuals equipped for extra 30% of the standard per hour.
Giving her a constant speed of $ 20.79 (19.1). In addition, 0.25% stacks on all traditional non-
disciplinary hourly hours for delusional workers that reach a standard hourly rate of $ 21.83
(s.18.1). The table analyzes the wage between the EA and the price.
Donny Trumple directly recognizes that his payment speed is currently slower than EA. On the
basis of available data’s, it is typical that Marley acts as a level 1 employee since she is blocked
with access, organization and transfer of dinners and awards. It is also assumed that it will not be
used within the enhanced payment system, which would make mobile payment rates dependent
on an estimated limit (s. A). Considering these assumptions under EA Hungry Jack, Marley is in
the perfect position when it is said that everything looks differently compared to an evaluation of
the standard hourly rate with an early Food Industry Award. In addition, this is demonstrated by
the more vocal as a test of rules (BOOT) which requires an understanding through the evaluation
before the subscription, which can lead to the presence of agents in a perfect position under the
proposed understanding what is under the important respect.
3. What legitimate issues do you need to consider?

The Hungry Jack National Enterprise 2019 agreement shows that renewed pay meets
guidance. This only if the person has insured in previous attempt, in which case the individual
would receive any increasingly evident benefit. Based on this understanding, generosity can
occur when Hungry Jack "does not want the operator's action with anyone" and the company will
now discuss with the relevant producer or experts and Society the sales, circulation and affiliated
employees (16.1 (1)). As soon as the authorizations occur after the conclusion of these
negotiations, Hungry Jack will provide proven evidence of the proposed recurrence (s.16.1 (3)).
Based on this understanding, employees can be mobilized to reduce paid commitments in any
way they can be equipped for a comparable notice period as a limit or to the prudence of the
organization that can pay an allowance instead of a notice time (s16.2) . Based on this
understanding, Justine would be endowed with about one month's insolvency payment (a. 16.6).
Justine can be trusted to have spent a group of years. Based on this understanding, allowance
normal rate speed overly elaborated plan (sections 16.6). Under the current EA 2019, he
designated at low support Shift. The default without compensation for a normal $ 837.40 (s.18).
This compares with a normal $ 22.04, in any case the normal non-disciplinary hours attract the
accumulation of 0.5%, bringing this rate to $ 22.15 on a regular basis (s.18.1 (a)).
This computation does exclude any yearly leave which owes and should be paid out after the
representative stops work. It is likewise expected that Justine was on a progressing perpetual low
maintenance contract as opposed to a fixed term contract. On the off chance that the agreement
were fixed term, at that point any excess installment would not be material.
With Business Award joblessness is once more required. According to NES, people with “at
least a year in any situation with a group of less than 2 years” are equipped for about a month of
loss allowance. This part follows basic wage rate collected based on normal working hours and

prohibits uploads, rewards or control levels. Justine would once again be equipped for part of the
unusual annual holiday allowance.
Justine would get similar excess advantages as far as number of week's installment. The main
distinction is the pace of pay wherein Justine would be qualified for under every understanding.
With a higher pace of time-based compensation, the EA leaves Justine better off in general.
It is significant that for this situation Justine was utilized before the EA becoming effective.
Despite the fact that Rewards distributes the minimum compensation and conditions for a
company, understanding can cover specific tasks for a particular effort.
Typically, anything that is a prize in addition to a basic is in EBA. EBAs are never allowed to
offer which are not exactly the basic rules provided by the National Employment Standards.
Endeavor agreements are dragged between association and leader. Your association talks about
your prejudices in case you are part of it.
The path to an agreement can reach several weeks or long periods of dialogue and a great deal of
modern knowledge and skills in exchanges to address issues of mutual importance.

References
Djankov, S. and Ramalho, R., 2009. Employment laws in developing countries. Journal of
Comparative Economics, 37(1), pp.3-13.
Landes, W.M., 1968. The economics of fair employment laws. Journal of Political
Economy, 76(4, Part 1), pp.507-552.
Epstein, R.A., 1995. Forbidden grounds: The case against employment discrimination laws.
Harvard University Press.
Linos, K., 2013. The democratic foundations of policy diffusion: How health, family, and
employment laws spread across countries. Oxford University Press.
Jones, R., 1995. The first non-union enterprise agreement in New South Wales: A case study in
flexibility. International Journal of Employment Studies, 3(2), p.21.
Willis, E., 2002. Enterprise bargaining and work intensification: an atypical case study from the
South Australian Public Hospital Sector. New Zealand Journal of Employment
Relations, 27(2), p.221.
Online
Fair work, 2020; Available online through; <https://www.fairwork.gov.au/awards-and-
agreements/awards/list-of-awards>
Fair work, 2020; Available online through;
<http://awardviewer.fwo.gov.au/award/show/MA000010>
Fair work commission, 2020; Available online through; <https://www.fwc.gov.au/awards-and-
agreements/awards/modern-awards/modern-awards-list >
Manufacturing and Associated Industries and Occupations Award, 2010; Available online
through: < http://www.tcci.com.au/HR/Awards-A-Z/Manufacturing-and-Associated-
Industries-and-Occupa>