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11.3-Workplace pay and conditions - Coggle Diagram
11.3-Workplace pay and conditions
Rights protected by workplace laws:
Workplace safety
*Bullying
Underpayment
Discrimination and harrasment.
Payrates and work conditions in australia
Award:Legal document sets out pay ratesmnimum for employees work in occupation, industries.
Entitlements of employees
*Overtime:+payements to employees when working outside their ordinary hours.
Penalty rates:Higher pay rates to employee for working on particular hours or days
Examples include: Public holiday, weekends, late-night shifts
Extra specific example:Compare fast food workers on public vs not public holiday working
Allowances: + payements-->employees when they do certain tasks, tools in specific or, and unpleasant conditions
Examples: Cleaning work clothes, extra meal if work overtime
People use fair work ombudsman to find out if covered by award, minimum pay rates and entitlements
Fair work commission:establishes minimum pay rates and work conditions
Agreements
Enterpirse agreement /collective agreements
They set out terms and conditions of employement for paeticular employees
How a enterpirse agreement is carried out
Minimum pay rate can't be below award
Approved , registered by fair work comission
Individual employement contract
The contracts: Negotiations about pay rates, work conditions between two parties
Pay rates cant be below awards, but doesn't need register, approval of fair work comission
Used by:Private sectors companies, lawfirms.
Work conditions
Fair work act: NATIONAL EMPLOYMENT STANDARDS
12 minimum employement entitlements--?SCRAPLESFMS
Laws protected by workplace and pay condition laws
Right to fair equitable pay rates
Compensated for work performed
3.Balance work and family responsisbilities
4.Seek compensation for not received right pay rate and conditions
5.Right to safe, productive, harmonious, cooperative workplace.
Elements required to establish liability
When can people establis liability:When not paid right amount, not provided with appropriate work conditions.
ELEMENT 1 :Plantiff was employee of employer
They are a employee if:
paid regularly, sick leave, paid leave, set working hours, expectation of work and is controled by employer.
Doesn't apply for independent contractors:Run own business not employed by other businesses
no sick or paid leaves
Role of independent contractors: Negotiate own fees, working arranegements,provide own tools and equipment.
Examples of tools and equipments:Own clothing, uniform.
Examples of controlling working arranegements:Invoices, payments received..
Example of independent contract: Truck driver runs own business deliverss to other business and makes own fee.
Element 2 :Plantiff received less than entitlement
Show award, agreement
Classification of type of employee, full, part, casual?
prove they received less than their entitlement WHENEVER
Defences to workplace pay and conditions claim
Possible remedies to a workplace pay and conditions
Employers have own remedies, but if can't agree dispute resolution bodies take action.
Examples of dispute resolution bodies:
Huamsn right comission, fair work comission, equal rights opporutnity.
Injunctions and damages
Impacts on employee
Impacts on employe
-Mental health
loss of income
Vulnerability
Impacts on employer=financial loss, reputation loss