1. Legal Framework of Employment the employment contract — common law (rights and obligations of employers and employees), statutes, awards, agreements types of employment contract — casual/part-time/flexible, permanent, casual

2. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 2 The Employment Contract Is between an employer and employee Many of the conditions outlined in the contract are controlled by state and federal laws. Outsourcing and increase in self-employment has meant the traditional description of an employee has changed. The law regards an employee to be a person who is subject to a contract of service.

3. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 3 Service contracts Contract for service Service is not ongoing but for a fixed term. An agreed fee is determined and paid. Examples: Builders, lawyers and electricians Contract of service Is regular and continuous. Insurance and protection is provided by employer Wages and conditions are usually negotiated.

4. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 4 Just to break things up a bit!

5. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 5 Duties of Employers Duty of care – a legal obligation to provide all of its employees with a safe and healthy workplace. Duty to pay agreed wage – the business is legally obliged to pay the employee the correct wage. Duty to provide work – employers need to provide a constant source of employment

6. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 6 Duty of employees Duty to obey lawful instructions – an employee is expected to follow the instructions of supervisors and senior management. Duty to work with skill – Employees should perform to the best of their ability. Duty to disclose relevant information – Medical illness or pre-existing injuries should be disclosed

7. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 7 Statutes, Awards, Agreements Statutes are laws passed by parliament Some workplace legislation includes Workplace Relations Act 1996 (Cth) Industrial relations Act 1996 (NSW) Occupational Health and Safety Act 2000 (NSW) Workers Compensation Act 1987 (NSW) A variety of different anti-discrimination legislation

8. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 8 Another little rest!

9. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 9 Statutes, Awards, Agreements An award is a legal document that outlines minimum wages and working conditions for all employees working in a particular industry. They apply to all the businesses in that industry. They are established through negotiations between dominant employers, employer associations and trade unions.

10. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 10 Statutes, Awards, Agreements In 1991 the Federal Government sought to encourage workplace agreements. Certified agreements, aka enterprise agreements are exclusive to a business and its employees. The agreement must be approved by a majority of staff and no force should be exerted. Australian Workplace Agreements (AWA) are negotiated between a workplace and an individual employee. They must meet the no- disadvantage test.

11. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 11 Types of Employment Contracts Part-time Permanent Casual Fixed-Term

12. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 12 Almost there

13. (c) 2007 brainybetty.com ALL RIGHTS RESERVED. 13 Part-time – A fixed set of hours per week but less than that of a full-time employee. They are entitled to all the benefits of full time staff. Permanent – A person provided with continuous employment, working 35-40 hrs/wk. They are entitle to 4 weeks leave and 1.1 weeks LSL for each year of service Casual Employment – employed for a short period of time working 1- 3 shifts. Regularity of employment will be at the employers demand. Fixed Term Contracts – Used by businesses that require labour for only a specific period of time. The time period and payment are agreed to prior to signing.