Graduate School of Business and Law — Employment Law
Assessment 2: Scenario based problems: Modern awards and enterprise agreement
Assessment Type: Case Study (Scenario) report
Due date: Sunday of Week 5 11:59PM (AEST)
Word limit: 3,000 (+/– 10%)
Overview This assessment will involve demonstrating your understanding of the first five topics covered within this course. The selected scenarios are purposefully missing information, allowing you to build on certain assumptions. Part A: Your task is to find and review the Fast Food Industry Award 2010, and answer two questions relating to a typical human resources related matter. Part B: Your task is to select an Australian organisation which operates an enterprise agreement governing all or a part of its workforce. You will then answer three questions relevant to that agreement. '
Examples of an organisation include: ? An Australian Bank ? A retailer; ? A manufacturer; ? An organisation which you currently, or previously, have worked for.
This assessment will involve demonstrating your understanding of the first five topics covered within 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 certain assumptions. Please note that in assessing your response, equal weighting will be attributed to both Part A and Part B.
Part A: Your task is to find and review the Fast Food Industry Award 2010, and answer two questions relating to typical human resource related matters. Part B: Your task is to select an Australian organisation which operates an enterprise agreement governing all or a part of its workforce. You will then answer three questions relevant to that agreement. 'Examples of an organisation include: an Australian Bank, a retailer; a manufacturer; or an organisation which you currently, or previously, have worked for.
Part A (Three questions):
You have started working in the HR department of Aussie Burgers Pty Ltd (Aussie Burgers), which operates eleven directly owned gourmet fast food burger outlets in Victoria and New South Wales. In total, these stores employ 69 full time and permanent staff, and a much larger contingent of about 145 casual employees. Predominantly, the demographic of the employees are youth, including high school and University students.
Head office is based in Melbourne, Victoria and employs ten full time staff. Aussie Burgers has been in operation since 1 July 2014 and has grown significantly in size over the last five years. There is a flat structure in place, with three directors comprising Erin, Director of People and Systems; Brad, Operations Director, and Sarah, the CEO. Five senior officers have responsibility for human resources, marketing, finance and payroll, IT and systems, and customer services. And there are two administrative officers.
Most of the employees are covered by the Fast Food Industry Award 2010 (the Award), which is accessible via the Fair Work website.
Issues to be resolved
Erin 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 a memorandum to her, before you contact the employees, whilst you settle in to the role and become familiar with policies and processes. This requires you to refer to the relevant award.
1. Justine Barber Has recently been appointed as a level 2 part time ‘burger artist’ in one of the Victorian stores, for 3 days per week (Thursday to Saturday), from 12 to 8pm. She signed and returned her contract last week. Her hours on Saturday are 12 noon to 11pm. She is 22 and has emailed asking the following questions: • She would like to know if employees are provided with fresh weekly uniforms. You are aware that uniforms are provided, but that employees must launder their own uniforms; • Her appointed location in her contract is Melbourne, CBD. She is enjoying her first week, but her manager has told her for that to help out another store, she must spend two months working in the Ringwood store, which is a 30 minute train ride each way from the CBD store. She has not budgeted for public transport costs, or the extra childcare costs that this would entail (she has a toddler). She is asking if there is any compensation for this, or if it can be discussed. • She is having trouble working out what her weekly pay will be, including penalty weekend rates.
2. Marley Carrus Has been working off and on as a level 1 casual for 14 months, and has been working full time hours each week for the last 11 months across two stores in the Sydney CBD area, to assist with growing custom. It is looking like more staff may need be recruited in this region to meet demand. In fact, she has been working up to 45 hours some weeks. There is currently a full time position advertised on Seek, and she has left a message stating that she is interested in the position, but she is unsure how to proceed as she has not heard back about her request for conversion which she submitted via email two weeks ago. You note the recruitment policy states clearly that all positions must be open to all internal staff, including casuals. The position closes soon.
3. You note that the payroll officer is behind in processing her adjustments for the last week, which totals 39 hours and has asked for a hand. Marley is19. • In the last fortnight she has worked one 8 hour weekday shift stocking the fridges and freezers. • She has worked one long shift, from 10 am to midnight on a Saturday.
(Three questions) Background Your task is to select an Australian organisation which operates an enterprise agreement governing all or a part of its workforce. Examples of organisations include:
• An Australian bank;
• A retailer;
• A manufacturer;
• An organisation which you currently, or previously, have worked for.
You MUST include a valid link of your chosen enterprise agreement into your submission. Current Enterprise Agreements can be reviewed via the Fair Work website.
Questions about your chosen enterprise and its agreement with the workforce:
1. Describe the nature and purpose of your chosen organisation. Does this enterprise agreement apply to all, or a part of the workforce? Describe the scope of its coverage.
2. Assume that Marley is employed under your chosen enterprise agreement. She has the following characteristics: She has been on $18.65 per hour as a casual employee for 12 months. She believes her current hourly rate is lower than the enterprise agreement for her role and age. What is her situation under the chosen agreement? Is this better or worse than the Fast Food Award?
3. Assume that one year after being appointed, business drops and the role of ‘Burger artist’ is made redundant. Advise on the entitlements that would need to be paid to Justine on termination. What legal issues must you take into account? What is Justine’s situation under your chosen agreement? Is this better or worse than the Fast Food Award?