All questions in this part are compulsory and must be answered in the same booklet. The marks for each question are two (2). Refer to cases and legislation where appropriate. Part A will account for 20% of your total marks in this subject.
1. One of the complex things in relation to the law of employment is that it is constantly changing. As a result of the Towards more productive and equitable workplaces: An evaluation of the Fair Work legislation 2012 (The Fair Work Report) the Federal government has made some changes to the Fair Work Act 2009 (Cth). Explain one of the changes that has recently been made to the Fair Work Act 2009 (Cth)?
2. What is the legal effect of being a part-time worker?
3. What things must be established before it can be said that a valid contract of employment exists?
4. How does one determine whether a modern award applies to a particular workplace?
5. What is meant by the concept of good faith bargaining when bargaining an enterprise agreement?
6. What is an employee’s entitlement under the Fair Work Act 2009 (Cth) with regard to flexible working arrangements?
7. What is meant by the duty of fidelity and good faith?
8. The male owner-operator of a fast food franchise repeatedly brushed past a female 15 year old employee and squeezed and pinched her bottom. He also pulled the strings on her apron so that it came off, and hugged her. What would the employee have to establish to bring a case of sexual harassment?