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Assignment for Employment law - (Doc)

   

Added on  2021-04-17

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Running head: EMPLOYMENT LAWEmployment LawName of the StudentName of the UniversityAuthor Note
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1EMPLOYMENT LAWWorkplace rights in New South WalesAn employee may be employed under either an agreement or an award. The minimumworking conditions at work may be stipulated in registered agreements, legislation or awards. Incase a business has registered agreement, which includes the work carried out by the employeeof the organization, the minimum pay and conditions in the award shall become applicable1. Inthe event there is no such registered agreement that is applicable to the business and an awardcovers the business as well as the work carried out by the employees, the minimum pay andconditions in the award shall become applicable. In the absence of any agreement or award, theminimum conditions and pay stipulated in the legislations shall become applicable2.The Fair Work Act 2009 is the statute that regulates the workplace rights and obligationsin Australia3. It sets out terms and conditions of employment and the obligations and tights of theemployer and the employees in an organizationEmployee EntitlementsThe minimum entitlement of an employee is stipulated in the National EmploymentStandards (NES) and in the awards4. An employment contract or a registered agreement mayprovide for other entitlements, however, they be not entitled to provide anything less than what isstipulated in the NES or the award that is applicable to the employee. 1 Stewart, Andrew. Stewart's guide to employment law. Vol. 3. Sydney: Federation Press, 2013.2 Walsh, David J. Employment law for human resource practice. Nelson Education, 2015.3 Fair Work Act 2009 (Cth).4 Skinner, N., B. Pocock, and C. Hutchinson. "A qualitative study of the circumstances and outcomes of the NationalEmployment Standards Right to Request provisions: A report to Fair Work Australia." University of SouthAustralia, Adelaide(2015).
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2EMPLOYMENT LAWNational Employment StandardsThe NES that are provided to every employee in every employment sector:1)Maximum weekly hours of work2)Annual leave3)Parental leave and related entitlements4)Request for flexible working arrangements5)Long service leave6)Public holidays7)Community service leave8)Compassionate/carer’s/personal leave9)Provision of Fair Work Information statement 10)Notice of redundancy and termination payPayAn employer must pay at least the minimum rate set out in the agreement or the nationalminimum wage for the ‘award free employees’. The employees are entitled to allowances forworking overtime, working outside regular hours or they may also be entitled to penalty rates forworking weekends, public holidays or weekends5. The employer is obligated to pay the employees regularly and on requests from theemployee, may pay him or her at least once a fortnight6. However, an employer is prohibitedfrom deducting any money from the payment made to the employee unless the employee has5 O’Sullivan, Michelle, et al. "Is individual employment law displacing the role of trade unions?." Industrial LawJournal44.2 (2015): 222-245.6 Painter, Richard, and Ann Holmes. Cases and materials on Employment Law. Oxford University Press, USA,2015.
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