Multiple Choice Questions:

Q1.11. The Better Off Overall Test is

Select one:

a. A test to determine which employer has developed the best agreement for his employees

b. The negotiation between the employer and union delegate

c. A test to determine if the employee is better off under the employment conditions when compared to the Award or previous employment conditions

d. Not relevant to Australian employment law

Q2. 6. A contract of employment is

Select one:

a. A living document

b. An individual arrangement between an employer and employee

c. Another name for a contract for services

d. An agreement in writing

Q3. 15. The BEST description of the National Employment Standards is

Select one:

a. Standards that apply to all National System employees and explain their duties and obligations to their employer

b. A set of minimum standards that all employers must provide to their workplace participants

c. Ten (10) minimum employment entitlements that apply to all employees

d. Criteria that provide the base standard for recruitment and advertising in Australia

Q4. An employer has a duty to pay wages at common law when

Select one:

a. A casual employee is ill and cannot attend for work

b. A fulltime employee takes one week leave even though the employee has exhausted all of their annual leave

c. The employer has no work for the employee and the employee is at work, ready and willing to perform their duties

d. All of the above

Q5. . A restraint of trade clause in an employment contract will most likely be valid where

Select one:

a.

It is in writing

b.

The contract is signed by both parties

c.

It is reasonable in duration, geographical scope and protects the business interests of the employer

d.

All of the above

Q6. 9. The choice to work as a contractor is the

Select one:

a.

Result of an economic imperative

b.

Choice of the employer

c.

Choice of the individual worker

d.

All of the above

Q7.Which of the following is NOT an employee duty

Select one:

a.

Duty to hand over an invention

b.

Duty to follow any instruction given by an employer

c.

Duty to maintain confidentiality

d.

Duty of loyalty and good faith

Q8.Duties for employers and employees are

Select one:

a.

Always expressed in the contract of employment

b.

Always able to be implied by a Court or Tribunal

c.

Always subject to agreement by the parties to the contract

d.

Partly contained in an employer's policies and procedures manual

Q9.Which group of Australian government workers is NOT a National System Employee?

Select one:

a.

A worker employed by the Australian Capital Territory

b.

A worker employed by the West Australian Government

c.

A worker employed by the Victorian Government

d.

All of the above

Q10.Which of the following remedies is not available in response to an unfair dismissal claim

Select one:

a.

Compensation and damages

b.

Damages and reinstatement

c.

Reinstatement and compensation

d.

Compensation and injunction

Q11. Fair Work Australia

Select one:

a.

Describes the mission of the Australian Government to provide a fair working system for the Australian People

b.

Is a Government body that moderates employment related disputes and sets minimum wages

c.

Has power over full and part time employees only and cannot make decisions in regards to casual employees

d.

Was disbanded in 2018 and replaced with the Australian Federation of Employment

Q12.An employer is able to withhold monies from an employee when

Select one:

a.

At any time

b.

The employee has agreed in writing

c.

An employee error had a financial impact on the employer

d.

It was paid to them by mistake

Q13. An employment policy is enforceable when

Select one:

a.

When employees are aware of it

b.

One month after it is introduced, and not before

c.

When existing employees have voted it in

d.

All of the above

Q14.A contract of employment must

Select one:

a.

Be in writing

b.

Be detailed

c.

Be formed with a legal purpose

d.

Balance the obligations and duties of the employer and employee respectively

Q15.To which group is an employer vicariously liable

Select one:

a.

Individual employees

b.

Contract workers

c.

Employees working on commission

d.

Third parties

Q16.Which of the following is NOT an element of a valid employment contract

Select one:

a.

A written offer

b.

Legal capacity

c.

Valuable consideration

d.

Acceptance

Q17. employment law in Australia comprises

Select one:

a.

Common law and legislation

b.

Legislation and international standards

c.

Awards and collective agreements

d.

All of the above

Q18.An employee has a post employment obligation to his/her employer to

Select one:

a.

Maintain the confidence of confidential information

b.

Obey written instructions

c.

Not compete with the employer after termination of employment

d.

Be kind and gentle to other employees and clients of the employer

Q19.A permanent employee

Select one:

a.

Is usually employed on an ongoing basis which can be terminated with prior notice

b.

Cannot have his/her employment terminated

c.

Is a part-time employee

d.

Has a fixed term contract of employment

Q20.Which of the following is grounds for a discrimination claim

Select one:

a.

Underpayment of wages

b.

Distance from the workplace

c.

Superannuation eligibility

d.

Criminal record