Question One

Australia has some of the most highly regulated work relationships in the world. Discuss with reference to 3 different legislated issues taught in this course.

Question Two

'Proving a link between the injury and the work can be difficult' (Van Der Waarden, 2018, p 313). Discuss how both employers or workers interests are served by workers compensation legislation.

Question Three- Managing and Ending Employment

James is a bus driver, he often drives school children as part of his duties. His Facebook page often reveals his 'weekend' driving of motorbikes and other vehicles very fast and in an apparently dangerous manner. He also have pictures of drugs and drug usage on his Facebook page.

The bus company has a drug and alcohol policy which clearly states that bus drivers must not drink or be affected by alcohol or drugs while on duty. It includes advice that drug testing may occur.

One day James has an accident when he failed to stop in time and hit the car in front. He was drug tested. The drug test revealed he had cannabis (an illegal drug) in his system. He confirmed that he has smoked a small amount of cannabis on Sunday afternoon (16 hours before the accident).

1.Outline and explain the activity that the bus company must do to ensure a 'lawful' termination of James' employment. (Include legislation and case law) 25 marks

Question Four- Industrial Action/Enterprise agreements

Slow Pty Ltd was a producer of random excuse generators. Most of its workers were members of the Go-slow Union (the GSU). The GSU and management of the company had been engaged in protracted negotiations for a new collective agreement.

The GSU had presented a log of claims to the company that contained the following demands:

1.A 2% pay rise for all Slow workers.

2.Any worker dismissed unfairly to be entitled to one year's severance pay.

3.GSU officials to have the right to enter Slow premises to hold discussions with any ofthe company's workers regardless of whether or not they were members of the GSU.

Frustrations reached such a pitch that negotiations over the log of claims broke down and a strike immediately followed that closed down the operation of the factory. Furthermore, barricades were set up outside the premises of one of Slow's main suppliers to prevent trucks from entering and leaving. One worker, Barry, refused to participate in the strike.He was an independent contractor who was employed to use his own truck to carry loads of waste baloney from one part of the site to another.

A month later the strike ended. However, there was considerable residual bitterness between management and workers. Ten of the strikers who had worked with Barry could not forgive him for not participating in the strike, so they began a concerted plan to walk off the job whenever Barry turned up for work. The GSU told management that this would continue until the company sacked him. The matter spread to other workers who also refused to work with Barry and they walked off the job whenever he appeared. This ultimately led to a failure of the company's waste disposal services. Eventually the company, unable to maintain these essential services, terminated his contract.

1.Explain, with specific reference to the Fair Work Act 2009 (Cth), whether or not the industrial action taken is lawful.

2.Explain and identify any industrial action that has occurred

3.Explain and identify any legal actions that could be taken.

Question five - Discrimination and Adverse Action

Mary attends work and advises her employer that she is pregnant. Shortly afterwards Mary finds her shifts are cut. Discuss the different legal actions Mary could take.