Assessment 2: Scenario based problems: Modern awards and enterprise agreement.
Overview:
This assessment will involve demonstrating your understanding of Topic two through to Topic four of this course. The selected scenarios may not contain all of the information which you would require in real life to apply the law – this allows you to state your case based on reasonable assumptions that you make. Please note that in assessing your response equal weighting will be attributed to both Part A and Part B.
BUSM4591 Employment Law Assignment RMIT University Australia.
Part A will be assessed at 15% and Part B will be assessed at 15% and your word count should be equally distributed across both parts.
Part A: Your task is to find and review the General Retail Industry Award 2010 and answer two long questions relating to typical human-resources related matters.
Part B: Your task is to review the real-life enterprise agreement of Coles a well-known Australian supermarket and liquor retailer. You are required to answer three questions relevant to that agreement.
Learning Outcomes:
- CLO 2 Understand key aspects of the relevant legislation and relevant case law.
- CLO 3 Apply the key legal rules associated with a range of employment law issues.
- CLO 4 Read and comprehend legislation.
- CLO 5 Read and comprehend relevant common law.
- CLO 7 Express that analysis in writing in a precise manner.
After completion of this assessment you should be able to:
− discuss the foundational principles of workplace law in Australia and in the global context
− advise the rights and duties that arise from the employment relationship in given situations
− contrast and compare the employment law framework applying to employees and employers in Australia
− demonstrate sophisticated cognitive and creatives kills in approaching legal issues relating to employment law and generate appropriate responses.
To assist you in preparing this assessment in the form of a memorandum to your manager here is a template for a standard form memo which you can use, if you wish.
BUSM4591 Employment Law Assignment RMIT University Australia.
Assessment details
Part A (2 questions) Background
You have started working in the People department of ‘Fresh for You (FFY) which operates five hundred fresh food and grocery retail outlets across all states and territories of Australia.The business is headquartered in Victoria where there are 100 regional and metropolitan stores. In total, the business employs 2,700 permanent and part-time employees. This is supplemented with a fluctuating casual workforce, equating to 3,300 equivalent FT workers. The demographic of store-based employees is wide including tertiary students immigrants working parents and retirees.
Since March this year the company has enjoyed a 20 per cent increase in profits as customers are purchasing and consuming more groceries due to stay at home restrictions. Warehousing and logistics are operating 24 hours a day 7 days a week to meet the demand.
Company directors are Poppy Director of People Ling Mei Managing Director and Chrissy the CEO. Various officers have responsibility for shared services (like HR). Most of the employees on the ‘shop floor’ are covered by the General Retail Industry Award 2010 (the Award) which is accessible via the Fair Work website. Poppy is keen to ensure the HR department is successfully managing changes in employee profiles and payroll.
Issues to be resolved
Poppy has welcomed you to the team as a HR Senior Officer and has asked you to advise on the following issues. She is asking you to prepare a response to the following issues in the form of a memorandum before you contact the employees.This is to provide guidance whilst you settle into the role and become familiar with policies and processes. This requires you to refer to the relevant award including Schedule X (10) Additional Measures During the Covid-19 Pandemic’.
- Mr.xxx
Mr.xxx is 21 and has been working in the liquor department of FFY as a casual Shop Assistant’ for 14 months. He stacks shelves assists customers with recommendations, and serves customers at the check-out. Until March this year, he had been working three x four hour shifts mid-week (W-F) from 12 noon. Since March 1, he has been rostered to work three x eight hour shifts mid-week (W-F) from noon and one Sunday 8-hour shift per fort night from noon. He has enjoyed the extra cash. He has contacted HR asking the following questions: - On his Friday shift he spends about three hours in the cool store unpacking deliveries and stacking the fridges. He is querying if any relevant loadings should be applied to his rate. Also he would like to know if he is paid the same rate for Sunday shifts as he is paid for working a public holiday.
- He is querying a letter he received on 15th July, advising he would be converted to permanent part-time as of 1st August, as a reward for his tenure and to reflect the stability of his shifts. He wishes to know if this change will affect his earnings.
- Also he wants to know if there is anything important he needs to know about the unexpected change to permanent part-time. He is querying if there could be any negative consequences for refusing the change/offer.
- Mr.xxx
Mr.xxx is 39 and has been working as a full time ‘Night-fill Shift Supervisor’ for 6 months. She works eight hour shifts from 10 pm through to 6 am, from Wednesday to Sunday. Her role involves supervising around eight night fill workers,however as store demand has increased, so too has her causal cohort. Mr.xxx has contacted HR, asking the following questions: - Due to having to home school primary aged children, she is becoming quite tired as she is not able to sleep during school hours. She is asking if she can work from home for two shifts, or arrange some level of flexibility.
- Anticipating the end to lock down, Mr.xxx wishes to take 4 weeks holiday at half pay as she has 2 weeks full time holiday. Mr.xxx plans to commence her leave on 1st October, 2020
Part B (3 questions) Background
Your task is to review the real-life enterprise agreement of Coles Supermarkets a well-known Australian supermarket and liquor retailer previously owned by Wes farmers Ltd. The link below takes you through to the Fair Work decision of ‘Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty. Limited [2018] FWCA 2283’. Note that the EA can be found on page 20.
BUSM4591 Employment Law Assignment RMIT University Australia.
You are required to answer three questions relevant to that agreement.
1.Assume Daniel is employed under the Coles and Bi-Lo agreement. He is earning $21.25 per hour as a casual employee, plus any applicable penalties and loadings. He believes the current hourly rate is lower than the agreement for his role and age. Is his standard rate better or worse than the relevant Award?
2. Assume that after six months of employment Mr. xxx is granted flexibility to work from home for two days per week in a clerical/ administration capacity. Are there any obligations for the employee to ensure she is working in a safe environment whilst working remotely?
BUSM4591 Employment Law Assignment RMIT University Australia.
3. Assume that one year after being appointed business demand drops and Mr. xxx is made redundant as only one night fill supervisor is required at her store. Advise on the entitlements that would need to be paid to her upon termination. What legal issues must you take into account? Is this better or worse than the relevant Award?