Question
Cooperis a manager at Sports Plus, a premium gym and fitness centre in the Central Business District.Cooper is currently employed pursuant to a collective agreement.
Cooperis a manager at Sports Plus, a premium gym and fitness centre in the Central Business District.Cooper is currently employed pursuant to a collective agreement. She recently joined the Fitness Industry Union, a federally registered union, to learn more about rights at work.At that time, Cooper 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 manager.Her union representative was concerned and seeks to inspect Sports Plus' books to ensure Cooper is being paid correctly.
Sports Plus has recently been targeted for takeover by Sports and All, an international gym and fitness company.In an effort to improve cash flow and prepare for the merger Sports Plus 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.
Cooper 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 Sports Plus on any legislative means upon which Cooper may base a complaint regarding her reduced working hours
(b)Advise the Union whether Cooper has any right to enter Sports Plus' premises, and if so, on what conditions. Would your advice be different if Cooper was employed under an award?
Using the IRAC approach (ISSUE, RELEVANT LAW, APPLICATION, CONCLUSION), Australian Consumer Law for Workplace Law subject in Kaplan Murdoch University
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