The Employer’s Duty to Maintain a Safe Workplace Law Assignment Help

Assignment Task

Task
1. What is the Better Off Overall Test about? When is it relevant and who applies it?
2. Explain what the Australian Constitution has to do with the federal government’s ability to make law about work. 
3. What role does the Fair Work Commission have in relation to resolution of dispute about work? 
4. Describe the employer’s duty to maintain a safe workplace and whether it creates a civil or criminal offence when breached. 
5. Explain why modern awards are relevant to most employees, and why, although relevant, they cover only some terms of employment.

PART B HYPOTHETICAL FACT QUESTIONS
1. Mandy is a financial officer. Her pay and conditions are determined by an enterprise agreement that will expire in three months. Recently, she went to a local convention that she needed to attend to keep up with her professional accreditation. Her employer, Funds Ltd. paid for her registration and accommodation without question once she signed a form saying that she was aware of the department’s guidelines about attending conventions and other events. Her hotel accommodation included a bar tab. On the final night, after the closing address, she retired to the hotel bar to have a drink with an accountant she knew. After some more drinking they decided to take a walk across town and see the city lights. As they were returning to the hotel, a masked man accosted them and pushed Mandy onto the road when she resisted him stealing her handbag. She was slow to get up and a motorcycle driving past could not avoid her. She was seriously injured. She will not be able to return to work for an extended period.
Advise Mandy if
(a) She is entitled to any paid leave, and if so, how much can she claim?
(b) She can make a legislation-based claim for compensation for her injury. 

2. Rosie was a relief teacher at the Perth Coastal School, until recently. The school is a subsidiary of Many Options Pty Limited. The school employed Rosie for four years, on and off. She usually worked with two other teachers and reported to Wallace, the principal of the school. There are 30 students at the school. PCS has policies about teacher conduct at school, and outside of school, in relation to appropriate behaviours. A couple of months ago, employment legislation was updated to include new provisions in relation to casual employment. They give some casually employed teachers an ability to become permanent employees. About a month ago, Rosie inquired about whether she was eligible, and another teacher told she wasn’t because she didn’t work for PCS every day;rather she worked on odd days, as required. Last weekend, the same teacher saw Rosie smoking marijuana while at a music concert. A video of her smoking was sent to Wallace. This morning, Wallace called Rosie into his office and dismissed her on the spot for breaching school policy. Rosie responded by denying she was smoking anything illegal, saying that she was only smoking a cigarette.
Advise Wallace whether
(a) Rosie is eligible for permanency.
(b) Rosie can make a legislative claim she has been harshly dismissed.