Introduction Nowadays, it is widely thinking that law was a boring and inflexibility subject, but I wonder that may not the right viewpoint. For example, in my college the professor likes us to attending the Fair Work Tribunal/Fair Work Australia (FWA), have hearing and discussing the case, I think that makes law became very interesting and vividly, because by time when we hearing the real cases, those knowledge’s could deep-going in our mind. Firstly, I would like to introduce what is the FWA, the Fair Work Australia is “The Australia’s national workplace relations system, the Fair work system, started on 1 July 2009 and was created by the Fair work Act 2009; it covers the majority of workplaces in Australia” (Fwc.gov.au, 2015). Which is …show more content…
Last couple days, I went to the FWA with my class mate. We get to the level 4 reception and asking the reception lady witch case we can attend, and we had been told there have a case in court 3 level 6 it is public out to the people… Issues Mr Xing Cai (William) Dong (the Applicant) made an application which was received by the Fair Work Commission (the Commission) on 8 July 2015, alleging that the termination of his contract to provide services to Stegbar Pty Ltd T/A Stegbar (Stegbar – the Respondent) in August 2013. The Applicant was working with the Respondent in late February 2013, as a subcontract glass installer under a contract between the Respondent and the Applicant 's company, XD House Pty Ltd. Specifically, the Applicant was engaged to install wardrobes and shower screens on behalf of the Respondent. The Respondent wrote the Applicant to giving notification to terminate the contract between it and the Applicant 's company on 9 July 2013. That letter stated that the termination of contract would take effect on 8 August 2013, and
I am fascinated by the complexity of many legal issues and this has drawn me to consider law as a career. The documentary ‘Common’ for example opened my eyes to the controversy surrounding the law of joint enterprise. I particularly enjoy watching such documentaries and following current affairs and my interest in contemporary issues led me to take Law as one of my AS subjects. I live in a rural, agricultural area and land law is an area I would like to study further and having studied Sociology for GCSE, I am also particularly interested in family law.
The subject of law always fascinated me. Unlike medicine, the practicalities of the subject do not dampen my passion for the subject but rather fuel it. Law is engaging because it requires constant adapting and analyzing. With every case comes a unique set of issues. The challenge of having to work within the bounds of the law while also planning a compelling and forceful case for a client is thrilling. Every word holds tremendous power in law. Practicing law requires eloquence. Anecdotal stories are the hallmark of the best lawyers. There exists no third person perspective in law. I admire how good lawyers can form a message that appeals to people’s emotions and reason. I relish the opportunity to study every minute detail of law and become a practicing lawyer because of all the ways it would challenge me.
The appellant, Parkview Queensland Pty Ltd (“Parkview”), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (“Fortia”), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (“BankWest”).
This week saw the Fair Work Commission (FWC) bring down an adjustment to Penalty rates in Australia for some Retail and Hospitality Workers. If you read the newspapers, listen to the radio, and watch TV coverage it comes across as the greatest betrayal of the working man (or woman) since the great Depression.
Living and working conditions near the turn of the 20th century in Australia was very diverse and many social issues where apparent. Firstly, working conditions where often poor and the majority of working class Australians had little to no spare time due to being devoted to their jobs. Many men felt entitled to be the strength of a household and provide for the family, and often women and children had to seek employment because most families needed more income flow, however women mostly tended to their household duties . Working conditions where poor and jobs consisted of long hours of labor and little pay, however 4 weeks’ annual leave was granted just as it is today. Secondly, living conditions where very cramped and unsafe, the average
At this hearing I had Mr. George testify he operates Robert George Design Group, LTD. That he knows the claimant and has known him since around 2007. He describes his work as doing landscaping, outdoor masonry and patio work. He testified he has a subcontractor relationship with the claimant. He said the claimant’s expertise were in such things as roofing, sheet rocking, painting and equipment maintenance.
The following are some of the relevant facts that are pertinent to the case and has one way or another impacted the outcome of this case. Kareem a member of the Islamic Muslim community and he is of Indian descent. During Kareem’s employment at ABC Corporation there was observation by two of his coworkers (Michael and Kathy) of him missing from his workstation multiple times during
It was declared that the respondent contravened s 65(4) of the Fair Work Act in which they failed to give the applicant a written response to their request for flexible working arrangements within 21 days. The respondent in breaching this act was to pay a penalty of $2500 to the applicant. Also, all other claims of the applicant were dismissed.
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All employers and employees in all industries should be familiar with this act (“What is the Fair Work Act 2009 Summary,” n.d.). It can be found in section 3 of this act its aim and that is to “provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians” (Fair Work Act 2009, n.d.). Employee is the one working to provide goods and services and the employer is the one who hires the employee to do certain work. The Fair Work Act 2009 (Cth) provides protection to both parties to avoid illegal conduct. It also promote the
that contemporary society exists in a post-modern era where westernised societies enjoy the benefits of higher living standards, where the rights of employees are elicited within the Australian Constitution and the rights of humans are dictated within Geneva conventions. An era where employees are entitled to government pensions, allowances, superannuation, and employees accrue sick and annual leave (McDonald & Brownlee, 2001). Furthermore employees are able to seek union representation and are legally entitled to industrial action. McDonald and Brownlee (2001) assert that Fair Work Australia, established as an institution responsible for fixating minimum wage and resolving work related disputes, perpetuates the notion that Australia is in transition to become an egalitarian society with minimal class disparity.
c, From 1 July 2009 , most Australian workplaces are governed by new system created by Fair Work Act 2009 , that will be administered by the Fair Work Ombudsman together with Fair Work Australia.
In order to properly address the matter of an employee who is suspected of coming into work under the influence of illegal drugs, we must ensure that we follow the businesses disciplinary processes and if the process leads to it, we must ensure that, the reason for dismissal falls under one or more of the 5 fair reasons under the Employments Rights Act (1996). These reasons can include:
This assignment is a portfolio, based on three current topics in Human Resource Management. The common theme of all the media articles I reviewed is the recognition of people as an asset by the organisations to achieve their strategic goals and objectives. It is observed that organisations are directing their efforts to recruit, retain and develop this asset.
The main reason why I wanted to study Law was the importance it takes in the world. Law builds civilization, protect fundamental rights and protect ideas and inventions through patenting. Anyone can defend his or her right through the legal system. Law can bind an agreement to allow an aircraft to fly from country A to country B. Law is continuously relevant in many context including banking, construction, sports, land, media, commerical, human rights etc. And this excites me more, as it is very broad and in my perspective not going to be repetitive or dull.