CURRENT FRAMEWORK

Syllabus check

Common Law – Rights and ObligationsEmployees Employers

• obey lawful and reasonable commands made by employers

• use care and skill in performing their work activities.

• Act in good faith and in the interests of the employer.

• providing work

• payment of income and expenses

• meeting legal requirements such as OH&S, anti-discrimination and equal employment opportunity.

• Duty of care: providing a safe system of work, without unreasonable risks to health.

Employment Contract

Refers to a legally binding, formal agreement between employer and employee.

It provides protection for both parties by clarifying responsibilities and duties as well as outlining the pay intended.

Types of Employment Contracts

Use pages 392-394 to summarise the difference between Awards Enterprise agreements (Collective Agreements) Common Law Contracts (Individual Agreements)

Award Enterprise Agreement

Common Law Contract

http://www.fwa.gov.au/documents/modern_awards/pdf/MA000003.pdf

http://www.lawlive.com.au/full-time-employment-contract-template/

The Current Industrial Relations Framework

Pie Chart – same storyCommonLaw contracts

Differences between the 3 types of contracts See the document entitled “types of

employment contracts” uploaded on the homework page. You should have a strong idea of the differences between each.

National System now in place for Minimum Standards

http://www.fairwork.gov.au/employment/national-employment-standards/pages/what-are-the-10-nes-entitlements.aspx

Minimum Wage Determination

The minimum wages received by employees in the national workplace relations system are reviewed by Fair Work Australia annually, with any adjustments taking effect from the first pay period on or after 1 July each year.

The national minimum wage acts as a safety net for employees in the national workplace relations system to provide minimum rates of pay for employees not covered by collective agreements or common law contacts.

National minimum wage orders are made by the Minimum Wage Panel of Fair Work Australia

How much is the national minimum wage?

An increase of 2.9% lifting weekly wage from $589.30 to $606.40