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A) Background: Identify An Entitlement In A Workplace Instrument.

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a) Background: Identify an entitlement in a workplace instrument 1. Select a workplace where you can discuss workplace issues with individual employees. The workplace that has been selected is McDonald’s Australia Limited. 2. Identify and describe the industrial instrument that applies to the employees of that workplace. An industrial instrument refers to a modern award or enterprise agreement under the Fair Work Act. It outlines the minimum entitlements and conditions of employees which are applied automatically and cannot be overridden by any other arrangements between the employer and employee except by the terms of the National Employment Standards (NES). The Industrial instrument that applies to the employees of McDonald’s Australia …show more content…

Modern awards apply to all employees who are covered by the national workplace relations system. They are industry or occupation-based and apply to employers and employees who perform work covered by the award Under Section 57 of the Fair Work Act 2009: A modern award does not apply to an employee when an enterprise agreement applies in relation to that employment. Fast Food Award: Section 25.2 Penalty Rates: Penalty rates of 10% are applied for ordinary hours of work within the span of hours between 9pm and midnight and loading of 15% will applied for ordinary hours worked after midnight and for casual employees this loading will apply in addition to their 25%casual loading. A loading of 25% will apply for ordinary hours of work within the span of hours on a Saturday for full time and part time employees and a loading of 50% loading will apply for all hours of work on a Sunday for full time and part time employees and a 75% loading will apply for all hours of work on a Sunday for casual employees, inclusive of the casual loading. On the other hand McDonald’s Enterprise Agreement abolishes penalty rates that are applied for weekend work and instead applies penalty rates towards work outside of the maximum hours a week. Overtime rates of time and a half for the first two hours and then double time thereafter shall be paid for work in excess of 152 hours per 4 weeks for a full time employee, 38 hours per week for a

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