The Nature of Workplace Law (HSC SSCE Legal Studies): Flashcards

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The Nature of Workplace Law
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Employment

Contractual relationship: employee gets pay/benefits for work

Independent contractor

Work under contract for services, no employer-employee link

Combination Act of 1799

Made trade union membership grounds for imprisonment

Trade union

Association of wage earners to maintain/improve conditions & pay

Vicarious liability

Employer's legal responsibility for employees' wrongful acts

Express terms in employment contract

Specifically stated & agreed by both parties when contract made

Harvester case (1907) established

Fair & reasonable wage: enough to support worker in comfort

National Employment Standards (NES)

10 minimum standards for employees' pay & conditions

Better Off Overall Test (BOOT)

Employees must be better off than under relevant modern award

Enterprise bargaining

Negotiation of wages/conditions agreement by employer & employees

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