Skeleton for Employment Law

Description

Topics included in notes: 1 Minimum standards 2 The (complex) regulation of employment 3 The FW Act and its constitutional basis 4 The NES 5 Modern Awards (MA) 6 Enterprise Agreements (EA) 7 The interaction of employment contracts with the NES, MAs and EAs 8 Annualised wages 9 Legal tests for distinguishing employees from independent contractors 10 Labour Hire and Recruitment Services 11 Statutory Regulation of the Independent Contractor Relationship; Sham Contracting 12 Accessorial Liability (and Joint Employment in Australia) 13 Formation of employment contracts 14 Types of employment contracts, particularly casual employment 15 Internships 16 Voluntary Work 17 Company policies and procedures as terms of employment contracts 18 Express terms 19 Implied terms 20 Varying the terms of employment contracts 21 Post-employment restraints 22 Terms of employment to meet legislative requirements outside the NES 23 Duty to obey lawful and reasonable orders 24 Out-of-hours conduct 25 Duty of fidelity 26 Duty to exercise reasonable care and skill 27 Duty requiring employees to hold inventions created in the course of performing their employment duties on trust for their employer 28 Duty not to misuse or disclose confidential information 29 Mutual duties owed by employers and employees 30 Duty to provide reasonable notice on termination 31 Duty of cooperation 32 Duty of good faith 33 Duty to provide a safe place of work 34 Stand Down of Employees Without Pay 35 Duty to Pay (reasonable) Wages and the Wages / Work Bargain 36 Duty to provide work 37 Australian unfair dismissal laws 38 Termination with notice 39 Termination without notice – summary dismissal 40 Constructive dismissal 41 Remedies for employers and employees 42 Adverse action because of exercising a workplace right 43 EO Act 44 Discrimination ‘in employment’ 45 Sexual harassment 46 Vicarious liability 47 Discrimination and bullying protections under the FW Act 48 Federal anti-discrimination legislation