Clause 2 of this section states that records of the employees must be in a form which is prescribed by the regulations, and must include information which is stated by the regulations.
Clause 3 of this section provide right to the employees to inspect those records.
This section further states that employer must not keep or prepare the record in false or misleading manner.
Answer 2
Awards in context of national workplace relations system include two types of awards that are modern awards and award-based transitional instruments. It must be noted that awards are considered as those documents which are enforceable in nature and contain minimum terms and conditions related to employment. Additionally they include legislated minimum terms.
In other words, modern awards are those documents which are based on minimum employment standards and apply in addition to the National Employment Standards (NES). There are number of industries which opted for modern award and it covers all the employers and employees in the sector.
It must be noted that modern awards include complete industry or occupation, and provide a safety net of minimum pay rates and conditions related to employment. Awards are used as the benchmark for the purpose of assessing the employment contracts before approval.
Fair work commission is responsible for making and varying the awards in context of national workplace relations system. Some of the necessary clauses related to modern awards include award flexibility, consultation, dispute resolution, types of employment, etc.
Currently, minimum wage rate at national level is $18.29 per hour or $694.90 per 38 hour week before deducting tax. Those employees who are working on casual basis covered by the national minimum wage and also get at least a 25% casual loading.
In the present case, Max gets $16 as wage on the basis of per hour rate, and as per national legislation minimum wage rate at national level is $18.29 per hour.
Age |
Minimum wage rate |
More than 16 years: 36.8% |
$ 6.73 |
16 years: 47.3% |
$ 8.70 |
17 years: 57.8% |
$10.57 |
18 years: 68.3% |
$12.49 |
19 years: 82.5% |
$15.09 |
20 years: 97.7% |
$17.86 |
Day |
Ordinary Hours of Work |
Usual Working Hours |
Hours Worked |
Cumulative Total |
Overtime |
Monday |
7AM to 7PM Not more than ten hours. |
9AM to 5PM One hour lunch break. |
Usual Working Hours |
7 |
Nil |
Tuesday |
As above. |
As above. |
9AM to 6PM |
15 |
One hour at time and a half. |
Wednesday |
As above. |
As above. |
Usual Working Hours |
22 |
Nil |
Thursday |
As above. |
As above. |
Usual Working Hours |
29 |
Nil |
Friday |
As above |
As above |
9AM to 7PM |
38 |
Two hours at time and a half. |
Saturday |
7AM to 12.30PM |
Nil |
9AM to 10AM |
39 |
Two hours at time and a half and one hour at double time.* |
Sunday |
Nil |
Nil |
Nil |
39 |
Nil |
This letter addresses three different issues and all these issues are sated below:
General Protection suit- employee has right to file suit under general protection if they has been dismissed form their employment when:
General protections are introduced for protecting the rights of employees at workplace, protect freedom of association of employees, and provide protection from discrimination at workplace.
When employee lodges application under unfair dismissal, they are initiating a formal legal process. At the time of filing of application, copy of application is sent to the employer, and relevant authority of Fair Work Commission make contact from the employer for submitting the response related to the application. Following are the key steps of defending the unfair dismissal process:
Various issues are stated by this letter, and all these issues are discussed in detail below:
Employer cannot dismiss the employee on the basis of elements which are covered by the general protections such as age color, sexual orientation, nationality, political opinion, etc. In the present case, Mary was dismissed by her employer because of her political opinion. Therefore, in this case employer breaches provisions of general protections.
Various issues are stated by this letter, and all these issues are discussed in detail below:
It can be said that any person who believes that their gnarl protections are contravened by the employer has right to file complaint against the employer Fair Work Ombudsman (FWO).
Industrial action in the organization is taken by the employer or employees of the organization for the purpose of settling the dispute at workplace related to the working conditions. Industrial actions include following actions:
It is possible for the employees to take legal industrial action when bargaining related to registered agreement is unsuccessful. This type of legal action is known as protected industrial action.
Different type of requirements can be met through the industrial action to be protected. Some of these requirements are stated below:
It must be noted that civil action can be taken in the situation when industrial action conducted by the employees involve:
Fair work commission has right to end or suspend the protected industrial action that might cause any economic harm to the employers or employees covered under the registered agreement or if there is any danger on someone’s life, and personal safety. In case it causes any severe damage to the economy of Australia or important part of Australia. This can be understood through case law CFMEU v Woodside Burrup Pty Ltd [2010]. In this case, Court stated that FWA has power to suspend the protected industrial action, if they believe that protected action can cause significant harm to any person other than a bargaining representative.
FWC also protects the employee, who takes part in the protected industrial action. Employer has no right to threaten to dismiss the employee or conduct any discrimination against the employee for taken part in the industrial action. However, it is not possible to take civil action against the employers, employees and unions who mainly participate in the protected industrial action.
Employer has right to deduct the pay of employees who are engaged in the industrial action. In other words, if employees are engaged in the protected industrial action then employer can deduct the pay of the employees, but such pay must be deducted for the period of industrial action only.
When an employee of the organization engaged in any such industrial action which is unprotected, then the employer has right to deduct the amount of pay that is related to the duration of the unprotected industrial action conducted by the employees. It must be noted that minimum deduction of the pay is four hours from the wages of the employees. Deduction must be four hours even though employee did not engage in four hours of unprotected industrial action.
In case employer makes payment to the employee for a period of industrial action or if employee accepts such payment for the period in which they are engaged in any form of industrial action, then they are liable to pay penalties of up to $12,600 for individuals or $210,000 for bodies corporate. In case union stated that employee must be paid for the period of industrial action then they are also liable to pay penalty of up to $210,000 under the BCIIP Act.
After considering these facts it can be said that employees are protected by the laws if they engaged in any protected industrial action and employment law provide other protections also to the employees such as employer has no right to dismiss the employee or to deduct the pay of employee. Therefore, Australian employees can also enjoy workplace right related to the industrial action.
Fair Work Ombudsman, Pay slips, < https://www.fairwork.gov.au/pay/pay-slips-and-record-keeping/pay-slips>, accessed on 15th March 2018.
Fair work ombudsman, Record-keeping & pay slips, < https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/record-keeping-pay-slips>, accessed on 15th March 2018.
FSunion, types of industrial instruments, < https://www.fsunion.org.au/Upload/FWA%20FACTSHEET%202%20TYPES%20OF%20INSTRUMENTS(1).pdf>, accessed on 15th March 2018.
Business, Modern Awards & Enterprise agreements, < https://www.business.gov.au/info/run/employ-people/pay-and-conditions/modern-awards–enterprise-agreements>, accessed on 15th March 2018.
Fair work commission, awards, < https://www.fwc.gov.au/awards-and-agreements/awards>, accessed on 15th March 2018.
Fair Work Ombudsman, Minimum wages, < https://www.fairwork.gov.au/pay/minimum-wages>, accessed on 15th March 2018.
Fair Work Ombudsman, Minimum wages, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/minimum-wages>, accessed on 15th March 2018.
Mywage, Minimum Wages in Australia with effect from 01-07-2017 to 30-06-2018, https://mywage.org/australia/main/salary/minimum-wage, accessed on 15th March 2018.
Katie Wright, (2011), Australia: A Guide for Employers: Ordinary Hours of Work and Payment for Overtime, < https://www.mondaq.com/australia/x/140752/Employee+Rights/A+Guide+for+Employers+Ordinary+Hours+of+Work+and+Payment>, accessed on 15th March 2018.
FWC, General protections dismissal, < https://www.fwc.gov.au/termination-employment/general-protections-dismissal#field-content-0-heading>, accessed on 15th March 2018.
FWO, Unfair dismissal, < https://www.fairwork.gov.au/ending-employment/unfair-dismissal>, accessed on 15th March 2018.
Fair Work Commission, What is the process for unfair dismissal claims?, < https://www.fwc.gov.au/termination-employment/unfair-dismissal/what-the-process-unfair-dismissal-claims>, accessed on 15th March 2018.
Fair work commission, General protections dismissal, < https://www.fwc.gov.au/termination-employment/general-protections-dismissal#field-content-3-heading>, accessed on 15th March 2018.
Fair work Commission, Remedies, < https://www.fwc.gov.au/termination-employment/general-protections-unlawful-terminations/remedies>, accessed on 16th march 2018.
Hickson Lawyers, (2011), Australia: Adverse Action: recent cases raise issues for employers regarding the General Protection provisions of the Fair Work Act, < https://www.mondaq.com/australia/x/146432/Employee+Rights/Adverse+Action+recent+cases+raise+issues+for+employers+regarding+the+General+Protection+provisions+of+the+Fair+Work+Act>, accessed on 16th march 2018.
FWO, Protections at work, < https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/protections-at-work#How-can-I-seek-help-for-a-general-protections-contravention>, accessed on 16th march 2018.
FWC, What is the process for general protections dismissal applications?, < https://www.fwc.gov.au/termination-employment/general-protections-unlawful-terminations/what-the-process-general>, accessed on 16th March 2018.
ABCC, industrial action, < https://www.abcc.gov.au/resources/fact-sheets/rights-and-responsibilities/industrial-action>, accessed on 15th March 2018.
FWO, Industrial action & union membership, < https://www.fairwork.gov.au/employee-entitlements/industrial-action-and-union-membership>, accessed on 15th March 2018.
FWO, Industrial action, < https://www.fairwork.gov.au/employee-entitlements/industrial-action-and-union-membership/industrial-action>, accessed on 15th March 2018.
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