1. LEGAL INFLUENCES Employer Obligations: Providing work
Payment of income and expenses
Meeting requirements of industrial relations and legislation
Duty of care
Employee Obligations
Obey the lawful and reasonable commands made by the employer
Use care and skill in the performance of their work activities
Act in good faith and in the interests of the employer
The Employment Contract
The Employment Contract creates obligations for both employer and employee and all businesses operate within a legal frame work of common law.
The most basic relationship in employment and the workplace is between employer and employee. An Employment Contract is a legally binding, form agreement between employer and employee
Common Law
Common Law is developed by courts and tribunals. The body of Common Law is developed by the decisions made overtime by judges.
Under Common Law both parties – employers and employees – have basic obligations in any employment relationship.
LEGAL INFLUENCES
Minimum Wage Rates
The employees base rate of pay for ordinary hours worked has been determined by
The agreement made by the employer: the rate of pay can not be less than the minimum wage
The national minimum wage
The national minimum wage is determined by a panel of seven members of Fair Work Australia. The main objective of the panel is to establish and maintain a safety net of fair minimum wages.
Minimum Employment Standards
The standard covered basic rates of pay and casual loading, maximum ordinary hours of work, annual leave, personal leave and parental leave.
Enterprise Agreements
Enterprise agreements are collective agreements made at a workplace level between an employer and a group of employees about terms and conditions of employment
Awards
Awards are legally binding documents containing minimum terms and conditions of employment.
These may include:
Minimum wages
Penalty wages
Hours of work
Other Employment Contracts
As the nature of work changes, greater variety is occurring in the types and features of employment contracts available
Individual contracts: exist when an employer and an individual employee negotiate a contact covering pay and conditions
Independent contractors: often known as consultants or freelancers, undertake work for others; however, they do not have the same legal status as an employee
Contracts for casual work
Part Time contracts