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Workplace Law - Assignment Example

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Whenever a person is employed in the service of another person, it can be seen as a contract under common law even if no documents are signed. Merely agreeing to work for someone creates a working relationship that is determined by appropriate laws for the employer and the employee. …
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Workplace Law Assignment
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Download file to see previous pages Both parties have duties and rights under a common law agreement. In the case at hand, the employer first took Jane into service without any written documents. The only contract that existed between Jane and TMMS was based on a verbal discussion between the owner and Jane. However following the reorientation of the business, the owner decided to introduce individual contracts that applied to each employee in a “take it or leave it” situation. 1Though the intent of the owner seems to have been to outsource the functions of the employees to them but in offering a “take it or leave it” contractual agreement, the owner has initiated the AWA (Australian Workplace Agreement) laws. Moreover in case that a dispute arises between an employer and an employee in a situation where no written contracts are available, the common law of Australia overrides any derogatory treatment condition already agreed upon. The same principle applies equally well to written contracts and even if employer and employee agree to terms that are derogatory to either party, the resolution of a dispute would be carried out according to Australian common law2. Hence it can be clearly stated that the current situation where Jane and TMMS’s owner Sam were in a contractual relationship, the creation of a dispute would be governed by Australian common law especially if the terms are derogatory to either party. ...
e to one session following the assembly, Sam provided his employees with a “take it or leave it” contract that reduced the flexibility of employees by a significant margin. Being forced into a hard bargain, Jane accepted the contract and began working as usual. Around a month ago, Jane was crushed by a car that rolled over her as she was working on it. The extent of the injuries meant that Jane was effectively unable to work for the next six months and would be unable to continue this career line after recovery. Sensing that Jane was unfit for work anymore, Sam immediately terminated the individual contract. 3. Relevant Common Law Sections The “take it or leave it” style of agreements between employers and employees came into being following the passage of the WRA (Workplace Relations Act) of 19963. Under this set of laws the employee and the employer could enter into an individual contract that could override state and federal employment laws as long as both parties agreed to it4. Any contracts raised under the AWA only had to meet only the most minimal of all requirements under the Australian Fair Pay and Conditions Standard. The agreements drafted in this manner need not include any dispute resolution procedures but were not allowed to include any prohibited content5. Within the current case too, there are no specific dispute resolution procedures outlined. However the AWAs were highly controversial because they severely impinged worker’s rights and the ability to bargain collectively 6 7. Based on this and opposition from various quarters, the Workplace Relations Act of 1996 was curtailed in its influence with the passage of the Fair Work Act of 2009 8. Under this new act any new kinds of AWAs were banned from being put into place. Within the context of ...Download file to see next pagesRead More
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