Assignment on Workplace Law

Added on - 21 Apr 2020

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Showing pages 1 to 6 of 28 pages
Workplace LawName of the StudentName of the UniversityAuthor Note
Part A1.Issuea)Can The Union make a complaint to the Fair Work Commission about the approach theAgency is taking in enterprise agreement negotiations?RuleAccording to theFair Work Act 2009 (Cth) (FWA), unions speak on behalf of theemployees and act as bargaining representative in the negotiation process as was held inRe:Inghams Enterprises Pty Ltd [2011]. In case, the parties are unable to reach agreement on theterms and conditions of the proposed enterprise agreement, a bargaining representative mayapproach the Fair Work Commission for assistance.ApplicationIn this case, Stella being an industrial organizer wanted to negotiate a new enterprise agreementwith the Regional Transport agency about salary increments for highly-qualified employees butthe Agency did not engage into any negotiation or bargaining process despite several mails sentby the Union. Under circumstances, the Union is entitled to make complaint before the FairWork Commission for assistance regarding enterprise agreement negotiations.ConclusionStella shall have to make application before the FWC to initiate lawful industrial action
Issueb)What are the steps that Stella can follow to ensure a lawful industrial action on theassumption that bargaining process shall not take place?RuleUnder the FWA, Secret ballots are required prior to the commencement of any protectedindustrial action. Before conducting a secret ballot action, an application should be made to FairWork Australia, which must grant the secret ballot action.ApplicationIn regards to the industrial action, Stella should apply before the Fair Work Commissionfor approval regarding commission of secret ballot action. Since the enterprise agreementexpired, she may undertake protected industrial action.ConclusionThe union may make compliant to the FWC regarding approach of agency towards theenterprise agreement negotiations.2.Issuea)Whether Mack has a contractual obligation to adapt to sales workRule
The law protects workers from unfair dismissal at the work place from early dismissal, anemployer cannot dismiss an employee if he or she has not completed the minimum employmentperiod. This is the earlystage, whichcovers a period ofsix monthssince the employee washired.Unless, the employee work under an employment contract that specifies the work to bedone by the employee, the employer is entitle to change the job duties at any time.At the time of redundancy, the employer must consult with the employees regarding theredundancy. Dismissal of employees without complying with the consultation requirement toconsult with the employees about the redundancy does not amount to genuine dismissal onredundancy ground undersection 389 of the FWA 2009 (Cth).ApplicationMack has been research assistant at RDL for over a decade and has been working underemployment contract, which specifies his job duties. Since his contract was ending and thecompany was restructured, the employer is entitled to change the duties of the employee.ConclusionMack is obligated to adapt to the changed sales work as his employment contract was about toend. Hence, RDL was entitled to change his job duties.Issueb)Whether Mack can be dismissed without notice if he continues his refusalRule
Dismissal of employees without complying with the consultation requirement to consultwith the employees about the redundancy does not amount to genuine dismissal on redundancyground undersection 389 of the FWA 2009 (Cth). The employer must provide the employeewith another job within the employer’s business, to make the dismissal as genuine dismissal.Notice of termination is not required to be given to employee who are employed for specific timeperiod, for instance, working under a fixed term of contract.ApplicationRDL provided Mack with new duties after the restructuring of the company, which complieswith the legal provisions ofFWAthat the employer has provided the employee with another jobwithin the employer’s business during restructure of business. There was no need to providenotice of termination to him as he was working under a fixed term of contract for 2 years.ConclusionHence, Mack’s dismissal without notice would be justified of he continues to refuse to performhis duties.3.IssueA)Is the bank in breach of a duty in relation to the policy of deployment of the institution?RuleAccording to section 389 of the FWA 2009 (Cth), an employer must offer redeploymentopportunities to employees whose role has been made redundant, within the same enterprise.This redeployment obligation is applicable to all form of redundancies whether it is due to
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