LEGL3111 Topic Notes

Description

WK 2 - 3 - Determining who is an employee - Indicia test - Control - Types of employment WK 4 - N/A WK 5 - Enterprise / greenfields agreements - Better of overall test - Protected industrial action - Coercion / misrepresentation - Bargaining in good faith - Scope order - Mandatory content / unlawful content / permitted content WK 6 - Types of payment - Minimum payments - Suspension and stand down - Acceptable forms of payment / overpayments and set-offs - Payslips - Superannuation - Working hours - Flexible working arrangements WK 7 - Leave types - Long service leave - Community service leave WK 8 - Control, performance management and discipline - Privacy and confidentiality - Express and implied terms - Duty of confidentiality - Doctrine of restraint of trade WK 9 - Dispute resolution - Model term - The fair work ombudsman: the role - Mediation / conciliation / arbitration - Court enforcement under FWA 2009 - Small claims - Imposition of penalties WK 10 - Discrimination - Federal legislation - Grounds and prescribed areas for discrimination - Exemptions and defences - Remedies - Sexual harassment - General protections - Framework for assessing discrimination cases WK 11 - Workplace safety rights - Sample questions - Primary duty of care - PCBU - Reasonably practicable - Duty of officers / workers / others - Nature of consultation WK 12 - Termination of contract - Implied term and the concept of reasonable notice - Summary dismissal - Serious misconduct - Constructive dismissal - Redundancy - Wrongful: remedies / bringing a claim / unfair dismissal - Framework for establishing unfair dismissal