2.0 Employment Law
Employment law is the body of law that governs. The body of law that governs the employer-employee relationship, including individual employment contracts, the application of TORT and contract doctrines, and a large group of statutory regulation on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety (http://legal-dictionary.thefreedictionary.com/Employment+Law).
Most workers in Queensland are covered by Commonwealth laws. The major commonwealth law regulating workplace relations is the Fair work Act 2009 formerly Workplace Relation Act 1996. The Fair Work Act 2009 creates a more nation system for regulating
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However, during 2010, all the states in Australia except for Western Australia extended their jurisdictions to the Fair Work Act. In Queensland, the relevant act is the Industrial relations act 1999 (Qld) (Chapter 1-6 legal studies for Queensland volume two 6th edition).
There are many other acts both state and federal which apply to employees and employers, in Queensland. Most of these are set put in the table below:
Commonwealth Law Relating to Work: Queensland Laws Relating to Work:
Fair work act 2009 (Cth) Industrial Relations Act 1999 (Qld)
Sex Discrimination Act 1984 (Cth) Anti-Discrimination Act 1991(Qld)
Racial Discrimination Act 1975 (Cth) Holidays Act 1983 (Qld)
Disability Discrimination Act 1992 (Cth) Child Employment Act 2006 (Qld)
Human Rights and Equal Opportunity Commission Act 1986 (Cth) Pastoral Worker’s Accommodation act 1980 (Qld)
Workplace Gender Equality Act 2011 (Cth) Worker’s Compensation and Rehabilitation Act 2003 (Qld)
Work Health and Safety Act 2011 (Cth Private Employment Agents Act 2005 (Qld) Work Health and Safety Act 2011 (Qld) Workers Accommodation Act 1952 (Qld) (Chapter 1-6 legal studies for Queensland volume two 6th edition).
3.0 Employment Issues 3.1 Happy Go Lucky Island Resort
Kitty was being interviewed for a job over skype by Justin Bummer when she was question regarding her age, weight, height and boyfriend/ marital status. After Kitty questioned
Employment Law helps to govern the relationships between the employee and the employer with relations to guidelines.
See also Ron McCallum, ‘The Australian Constitution and the Shaping of Our Federal and State Labour Laws’ (2005) 10 (1) Deakin law Review 461-463.
The main features of legislation relating to contracts of employment are outlined in the terms and conditions within a contract of employment. Information about this is included in the handbook for the NJC currently known as the Green Book. Contracts help to protect the rights and responsibilities of both the employer and the employee. Contracts must contain general information about the employee and the employment in which they have been employed: this includes information on the employee's name, date of commencement of employment, position appointed ,employment conditions, rights and responsibilities of the employee, expected duties and information on grade and point scale in relation to pay. Employees are expected by law to follow the terms set out in their contract until employment is terminated by either party.
Australia has gone from a highly centralized wage determination system to a mainly decentralized one. There has been a move away from accords and awards to enterprise bargaining, through the 96 Workplace Relations Act. Recent policies include changes to unfair dismissal claims and the 2005 workplace reforms package.
1. Explain how job design in criminal justice agencies needs to take into account the provisions of the Americans with Disabilities Act in making reasonable accommodations for its disabled employees.
Employment legislation exists to protect both Employee and Employer and must be adhered to at all times. Legislation assists in regulating the relationship between Employers and Employees in order to ensure that abuse does not take place. It gives the employee a sense of security, and ensures we receive all the benefits we are entitled to.
Choice of Law: Employment laws vary from state to state. Some states have laws that are for the most part seen as more positive or useful to employers than employees or the other way around.
In order to be employed in Australia you are legally required to have what is referred to as "right to work";
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
Australian Anti-discrimination law has a relatively short history dating back to the mid 1970s, which is 70 years later than the Commonwealth of Australian Constitution Act 1900. Although not being officially identified, the first Australian anti-discrimination legislation was enacted in the 1960s, following the dismantlement of the “White Australian” policy. This first unofficial anti-discrimination legislation prohibited discrimination on the ground of race in certain aspects of employment. Shortly after, the Whitlam Labor Government passed the first official anti-discrimination legislation in 1975, which was the Racial Discrimination Act 1975(Cth) at the Federal level. (Chris Ronalds, 2012) Due to the fact that all states and territories
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.
One issue that youths of the society face today is in relation to employment. The law in relation to work can be found in Child Employment Act 2006 (Qld) and Child Employment Regulation 2006 (Qld). Child Employment Act 2006 (Qld) s7 states that a school-aged child is a child who is under 16 years of age; and is required to
All staff including new staff will be made aware of Employment entitlements at Fairworks Australia. https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/introduction-to-the-national-employment-standards
Alexander, R., & Lewer, J., (1998). Understanding Australian Industrial Relations (5th ed.). Sydney: Harcourt House, Chapter 7.