Workplace Law Assignment: Employee Rights and Redundancy

This document presents a detailed analysis of a workplace law assignment, addressing two key issues: the determination of employee versus independent contractor status and the application of redundancy rules. The first part of the assignment examines a scenario involving an actress, Amanda, and a television production company, Monks Pty. Ltd., exploring whether Amanda is an employee or a subcontractor and her potential legal recourse for unethical behavior by the director. It references relevant case law, including FAIR WORK OMBUDSMAN v LU'S HEALTHCARE PTY LTD & ANOR, Hollis v Vabu Pty Ltd, and ACE Insurance Limited v Trifunovski, to support the arguments. The second part of the assignment focuses on a redundancy case involving Ken and Bob, analyzing whether the 'last on/first off' rule applies and if Ken is entitled to claim redundancy pay. It references cases like James v Royal Bank of Scotland and Australian Iron & Steel Pty Ltd v Banovic to support the conclusions. The assignment concludes with a discussion of the rights of the employees under the Fair Work Act 2009 (Cth) and the potential for legal action and compensation in both scenarios. The document is a student's attempt to demonstrate an understanding of workplace law principles.

Running head: WORKPLACE LAW
Workplace Law
Name of the Student
Name of the University
Author Note

1WORKPLACE LAW
Q1.
Issue
According to the case studies the issue has been arises whether Amanda is an employee
or an independent contractor and she can recover her injury & for her effective dismissal?
Rules
The employee is person who works for the employer for the exchange of wages, salary.
Employees work for individually. They can also work as per some contract which can be written
or verbally as per the terms of the employment. When someone gets the employment under the
employment contract then they are bound to follow their duties and rights.
Independent contractor is a person who works for another person on the controls by that
person where the processes and methods are all followed under an employment agreement. The
agreement has formed under some mutual contract binding.
FAIR WORK OMBUDSMAN v LU'S HEALTHCARE PTY LTD & ANOR [2016]
In this case the court has found that the under the section of 45 F Fair Work Commission has set
the minimum of time period where the employees are hourly ate f [ay and the defendant has
failed to pay the amount as per the act. The principal contractor also failed to pay tea out to the
employees.
Pirie Street Stage 1 P/L v Trotman & Anor and Stewart & ORS [2015] SADC 123 is
another case where a general contractual agreement has been made where the terms of the
contract as been breached and the defendant also apply for the defense for himself. Third parties

2WORKPLACE LAW
appointed by plaintiff to introduce potential purchasers for which they would be paid a
commission.
Subcontractor is the part of any contract where the terms of the agreement has been made
with the mutual consent of the both parties Euphoria completely aware about the terms which
has been they accepted and as soon as the terms define no intention to create illegal relationship
then it will considered as a contract when both the parties have equal responsibility to do to their
duties.
Stevens v Broadribb Sawmilling Co Pty (1986) is A FAMOUS CASE OF Astralia
where the court has stated the facts about the control test and business integrity test for the
development of the employment status for the employees.
Hollis v Vabu Pty Ltd (t/as Crisis Couriers) (2001) is a case which has consist of the
facts where the court has provided the order about whether the person is an employee or an
independent contractor. Therefore the test of the business integrity has been defined in this case.
In the case of ACE Insurance Limited v Trifunovski [2013] the court has determined
and investigate the defendant has been employed the plaintiff as an independent contractor but he
has failed to satisfy the terms.
According to the terms of the contract if any contract has been breached or terminated
due to the any valid reason then legal action can be taken against the plaintiff or defendant who
is liable for the actions in this matter if it has found that any of them as level for the cause of one
of them hold the responsibility therefore the compensation are also claimed for the breach of the
terms of the contract.

3WORKPLACE LAW
Application
Monks Pty. Ltd., a television production company, chooses Amanda to act in a new serial
being produced. Before she commences work she signs a contract that says she will fill a
central role in the serial and must be prepared to work at all times but that there is no guarantee
of any continued work and that she is free to accept work from other production companies.
Therefore according to the case study Amanda is a subcontractor who got the job under
contractual agreement where she supposed to follow the terms. Now the director has behaved
wrongly with her which is unethical to the contract. Therefore she can take legal action such
unethical behavior where she claims for the compensation against the director.
Conclusion
Amanda can claim the compensation. The director is bound to follow the terms of the
contract which he has made with Amanda about the work in his television company. Before the
period is over of the contract he never terminate the terms of the contract. Therefore he has
breached the contract and against of the terms of contract. He is bound to compensate Amanda
for the termination the contract.
Q2.
Issue
According to the case studies the issue has been arises whether Ken can argue that the
‘last on / first off’ rule forms part of his contract and that he should therefore not be made
redundant before Bob or not?

4WORKPLACE LAW
Rules
Under the Fair Work Commission the last on, first off rule has applied where it made an
Agreement where the employees get the parental leave along with the payment in their working
limits. It only occurs when the employee has does not need employee’s job to be done by anyone
or that employee becomes bankrupt. In the business the redundancy only happen when the
company formed or introduces new technology or they slow down their sales or production or
the business get closed and relocates the overseas or them takeover about the restructures.
In the case of James v Royal Bank of Scotland (2015) the court has found that a
redundancy policy has been introduces for 6 years after the period of the employees were
retrenched. The employer declined to pay the employee the redundancy pay. It offered to pay an
ex gratia payment if the employee signed a broad deed of release. The employee refused to sign
the deed of release and was therefore not paid the ex gratia payment.
Australian Iron & Steel Pty Ltd v Banovic (1989) is another case where the "last on-
first off" test has been determined where the policy of this test has not applied in the fact of
discrimination.
Transport Industry - Redundancy (State) Contract Determination [2007] is another
case where the workers union has claimed for minimum redundancy standards which have been
carried by the principal contractor.
Telstra Corporation Ltd v Keen [2005] is another case where applicant entitled to
payment of compensation for incapacity for the redundancy amount the compensation payable to
be reduced under s 33(1) of the Act – the nature of redundancy payments.

5WORKPLACE LAW
Under the Fair Work Act 2009 (CTH) has affected the redundancy terms for the
employees where they are entitled to the redundancy payment. Under section 123(1)(c) of the act
the general employees are basically not entitled to the redundancy payment.
An employer must provide the written notice of the payment of the dismissal or
redundancy to the employee. Unless the same or greater entitlements are provided for in an
award, contract or agreement, notice pay on termination is covered by the National Employment
Standards (NES) according to the section of 117 and 118 Fair Work Act 2009 (Cth).
Application
According to the case facts an employer must provide the written notice of the payment
of the dismissal or redundancy to the employee. Unless the same or greater entitlements are
provided for in an award, contract or agreement, notice pay on termination is covered by the
National Employment Standards (NES) according to the section of 117 and 118 Fair Work Act
2009 (Cth).
Therefore Ken is entitled to claim the redundancy amount from Bob. Though there s no
mentioned terms about the redundancy amount but he has right to claim the amount according to
the last and first off rules.
Conclusion
Therefore according to the case facts it can be concluded that Ken is entitled to claim the
redundancy amount from Bob.

6WORKPLACE LAW
Reference
ACE Insurance Limited v Trifunovski [2013] FCAFC 3
Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165
FAIR WORK OMBUDSMAN v LU'S HEALTHCARE PTY LTD & ANOR [2016] FCCA
506
Hollis v Vabu Pty Ltd (t/as Crisis Couriers) (2001) 207 CLR 21
James v Royal Bank of Scotland (2015)
PIRIE STREET STAGE 1 P/L v TROTMAN & ANOR AND STEWART & ORS [2015] SADC
123
Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1
Telstra Corporation Ltd v Keen [2005] FCAFC 195
Transport Industry - Redundancy (State) Contract Determination [2007] NSWIRComm 183