Workplace Law Australia

Can this be done?

The final exam consists of 2 parts: Part A and Part B.

Part A consists of two short essay questions. You must answer BOTH questions in Part A.

Part B consists of two problem questions. You must answer ONE question in Part B. You can choose the question you wish to answer.

It is a closed book exam but you can take in 1 A4 SHEET (BOTH SIDES) HANDWRITTEN OR TYPED NOTES ONLY.
Anything covered in the course is examinable

I recommend that you use the IRAC approach when answering the problem questions (see the final pages of the UILG).

Tips:

· Allocate time according to marks

· At least attempt all parts of 2 questions!

· Plan your answers

· Write clear concise answers

· Show your understanding of the question

· Apply law to facts

· Fully explain your reasoning

· Don’t include irrelevant material in your answer

PART A

ANSWER ALL QUESTIONS IN THIS PART

1 Australian legislation provides for broad responsibilities in relation to workplace health and safety. For the following groups outline the duties imposed and the factors relevant to determining whether the duty has been satisfied (15 marks):

a. Employer

b. Employee

c. Manufacturer

d. Controller/manager of a workplace

2 An employer must have a valid reason for summarily dismissing an employee. Explain the lawful reasons an employer might have for terminating an employment contract in this way. Provide examples to support your answer. (10 marks)

This question is worth 25 marks

PART B

Question 1

Maddie is a general manager at Continental, a holiday resort in the South West of WA.  Maddie is currently employed pursuant to a collective agreement. She recently joined the Hospitality Union, a federally registered union, to learn more about rights at work. At that time, Maddie lodged a complaint with the union about her current annual wage package being below industry standard and some of her duties not being commensurate with her role as general manager.  Her union representative was concerned and seeks to inspect Continentals books to ensure Maddie is being correctly paid. 

Continental has recently been targeted for takeover by international resort company, Beaugart.  In an effort to increase profit and prepare for the merger Continental has developed a strategy involving reducing the number of staff rostered on per shift.  This involves a number of staff having their overall hours reduced while their workload has increased.  Staff are also being asked to perform different duties to compensate for the reduced staff. 

Maddie is concerned that her hours have been reduced while those of some of her subordinates have not and she feels this is because of her recent Union membership and activity. 

(a) Advise Continental whether Maddie has any legislative basis to lodge a complaint regarding her reduced working hours. (10 marks)

(b) Advise the Union whether their representative has any right to enter Continental’s premises, and if so, on what conditions. Would your advice be different if Maddie was employed under an award? (15 marks)

This question is worth 25 marks

Question 2

Riddian is the Head of the Drama Department at Stoneybridge Academy, an independent school for 5-10 year olds in Perth.  Stoneybridge is a small school with 100 students and has 10 teachers and 10 assistant teachers.  Riddian supervises 3 teachers and 3 assistant teachers.  He also teaches musical theatre to Stoneybridge’s senior students. 

Stoneybridge wants to expand.  The school’s board is interviewing for more staff with a plan to double the student intake in 2013.  As part of the expansion Stoneybridge is restructuring departments.  Riddian and his colleagues who are also heads of the different departments at the school have been asked to take on new roles starting immediately. The new role is titled Senior Department Administrator.  He has been told the Head of Department roles will no longer exist. 

As a Senior Department Administrator Riddian will be expected to teach more classes and will no longer have supervising responsibility.  He will also need to take on more administrative tasks.  His pay will not change.  Riddian and his colleagues feel as though the new role is not as high ranking as the previous heads of department positions. 

Riddian refuses to take on the new position and the board terminates his employment with some notice.  He lodges a claim for dismissal with the relevant government body.

(a) Advise the board in relation to whether a particular amount of notice is required to be given to Riddian and the other heads of the departments, given the nature of change to their positions. (15 marks)

(b) Advise the board in relation to the likely success of Riddian’s dismissal claim. (10 marks)

This question is worth 25 marks