1. What are the National Employment Standards (NES)?

There are 10 minimum requirements which all employees have to follow, the National Employment Standards include having maximum weekly hours but the employee can refuse unreasonable additional hours, flexible work for parents, an employee who carries a child under 18 with a disability may request a change to workplace requirements, public holidays, an employee is entitled to be absent on a public holiday, information statement, annual leave, long service leave, community service leave.

2. a) Under the NES who is entitled to request flexible working conditions?

Employees can request flexible working arrangement who have worked with the same employer for at least 12 months if they are a parent, are a carer, have a disability. Are 55 or older, are experiencing family or domestic violence, provide care or support to their family.

b) Give two examples of flexible working conditions.

Flexible working conditions are the hours of work, locations of work.  

3. Under the NES what period of notice does an employer need to give an employee?

An employer must provide the employee with a written notice the day of termination when ending their employment, they may either give their notice by delivering it personally, leaving it at the employees last known address or sending it by post.

4. What is the current National Minimum Wage for adults @ 1 July 2019?

The minimum wage will be $740.80 per week or $19.49 per hour. 

5. Compare and contrast Modern Awards and Enterprise Agreements.

Enterprise agreements set out conditions of employment for a group of employees at one or more workplaces, and can be tailored to meet the needs of particular enterprises, the pay rate cant be less than the pay rate in modern awards, modern awards cover a whole industry or occupation and provide a safety net of minimum pay rates and employment conditions.

6. a) What award would apply to a waiter in a restaurant who had several years’ experience and was involved in taking reservations, serving food and alcohol, placing orders, accepting deliveries, collecting payment from customers and training junior staff.

b) What would be their full time pay rate?

c) What would be the pay rate for a similar employee working on a casual basis? 

7. a) Explain unfair dismissal and provide three examples.  

Unfair dismissal is when your employment contract is terminated and your employer did not have a fair reason to do so. The employee can then lodge an unfair dismissal, general protections, or unlawful termination claim. An example of constructive dismissal would be if the employer asked for the employee’s resignation.

b) If an employee feels they have been unfairly dismissed what should they do?

They can make a claim no matter how long you had worked for your employer, they must make a claim to an industrial tribunal within three months of being dismissed. But they can’t make a complaint of unfair dismissal if they’re a worker.

8. List five personal characteristics on the basis of which the law protects employees from discrimination.

The act prohibits discrimination based on race, colour, religion, sex or national origin.  

9. What legislation operates to ensure the safety of employees, employers and the public in the workplace?

10. What insurance covers employees at work and on their way to and from work?