Employment Law: Examination of Workplace Clauses and Regulations

This essay provides an analysis of several clauses within the context of employment law and the Fair Work Commission standards. It examines clauses related to redundancy payments for senior employees, the option for employees to opt out of agreements, challenging unfair dismissals, annual medical examinations for operators of dangerous equipment, and employer-paid income protection insurance for senior staff. The analysis refers to the Fair Work Commission's guidelines to determine the legality and standard practices associated with each clause, focusing on employee rights, safety, and employer responsibilities. This document is contributed by a student and is available on Desklib, a platform offering a variety of study tools and resources for students.

Running head: EMPLOYMENT LAW
Employment Law
Name of the Student
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1. A clause which provides for redundancy payments which are higher for senior
employees over the age of 60
As per the Fair Work Commission employees receive redundancy pay that is based
on the continuous period of service with their employer. However, the base rate of pay of the
employer is the pay rate they get for working their ordinary hours (Taylor and Emir 2015). It
does not include penalty rates, loadings, monetary allowances and incentives. This
commission states that not every employee receives redundancy payments which are higher
for senior employees over the age of 60.
2. A clause which allowed an employee to opt out of the agreement and instead be
covered by underlying award
According to the provisions of the Fair Work Commission, the employment contract
is treated as an agreement that is formed between the employer and the employee setting out
the terms and conditions (Painter and Holmes 2015). The employees are usually covered by
the National Employment Standards and hence the awards, enterprise agreements can be
applied. Therefore as per this clause, an employee can have the liberty to opt out of the
agreement and instead be covered by the underlying award.
3. A clause which allows an employee to challenge dismissal from employment on
certain specified grounds of unfairness after three months service
The Fair Work Commission states an application of unfair dismissal must be lodged.
The application should be submitted within 21 days of the dismissal to make it become
effective. After three months of service, an employee does not have the right to challenge
dismissal from employment on certain specified grounds of unfairness. The unfair dismissal
can be effective only if the employee is dismissed with a notice period. However, the

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dismissal will become effective until the end of their notice. Generally, few individuals does
not require to work out their notice but receive the payment instead of the notice.
4. A clause which calls for annual medical examinations for operators of dangerous
equipment on the grounds of safety
The Fair Work Commission states that medical examinations must be made for
operators of the dangerous equipment on the grounds of safety. Relevant rule illustrates and
provides relevant rule regarding safety at workplace for the workers or employees associated
(Stewart 2013). The grounds for safety plays an significant role for keeping the employees
satisfied with their work and the environment they are working in.
5. A clause which requires the employer to pay premiums for income protection
insurance for its senior staff
It can be stated that insurance is provided to all the employees associated with their
organization. The Fair Work Commission defines that for utilizing the insurance, the
employer must pay the premium. The income protection insurance for the employers is
important as it helps the employees to recover any kind of insurance for its senior staff
(Blanpain and Bisom-Rapp 2014). For protecting the income of the senior staff, the
employees are entitled to receive insurance. Therefore, the employer can protect the income
by giving insurance to the senior staff.

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References:
Blanpain, R. and Bisom-Rapp, S., 2014. Global Workplace: International and Comparative
Employment Law Cases and Materials. Wolters Kluwer Law & Business.
Painter, R. and Holmes, A., 2015. Cases and materials on Employment Law. Oxford
University Press, USA.
Stewart, A., 2013. Stewart's guide to employment law (Vol. 3). Sydney: Federation Press.
Taylor, S. and Emir, A., 2015. Employment law: an introduction. Oxford University Press,
USA.