Question 1

An 'Award' is a legally binding order setting out the rights and obligations of employers and employees which is made by:

Accepted Answer

A) an industrial tribunal. 
B) a court. 
C) the employer and employee. 
D) the parliament. 
A) an industrial tribunal. 
B) a court. 
C) the employer and employee. 
D) the parliament. A

Question 2

The term 'managerial prerogative' refers to the right of management to make decisions concerning all aspects of the operation of their business.

Accepted Answer

A) True 
 B)False  True

Question 3

Which of the following would be considered sexual harassment under the Sex Discrimination Act 1984 (Cth)?

Accepted Answer

A) Pinching. 
B) Continual requests for dates and sexual jokes. 
C) Staring and leering. 
D) All of the above. 
A) Pinching. 
B) Continual requests for dates and sexual jokes. 
C) Staring and leering. 
D) All of the above. D

Question 4

Which of the following is NOT one of the factors the court considered relevant to the existence of an employment relationship in Stevens v Brodribb Sawmilling Co Pty Ltd (1986)160 CLR 16?

Accepted Answer

A) The hours of work and method of termination. 
B) The amount of remuneration and whether tax and superannuation were deducted. 
C) The nature of the task and the freedom of action given to the parties to perform it. 
D) The description the parties gave to the relationship. 
A) The hours of work and method of termination. 
B) The amount of remuneration and whether tax and superannuation were deducted. 
C) The nature of the task and the freedom of action given to the parties to perform it. 
D) The description the parties gave to the relationship.

Question 5

Where there is no continuity of employment between the employer and the employee,the contract is a casual contract.

Accepted Answer

A) True 
 B)False

Question 6

The Fair Work Act 2009 (Cth)is based on which head of constitutional power?

Accepted Answer

A) The industrial relations power. 
B) The corporations power. 
C) The external relations power. 
D) The workplace relations power. 
A) The industrial relations power. 
B) The corporations power. 
C) The external relations power. 
D) The workplace relations power.

Question 7

In the absence of an Award,how much notice must an employer give an employee of termination of the employment contract?

Accepted Answer

A) One month. 
B) One week. 
C) Two weeks. 
D) Whatever is reasonable in the circumstances. 
A) One month. 
B) One week. 
C) Two weeks. 
D) Whatever is reasonable in the circumstances.

Question 8

If either party to an employment contract dies,the employment contact will be terminated.

Accepted Answer

A) True 
 B)False

Question 9

In the context of an employment contract,an independent contractor:

Accepted Answer

A) works under a contract of services. 
B) performs an agreed task for an agreed price. 
C) personally performs a task or tasks allocated to them by the employer. 
D) is subject to the control and direction of the employer. 
A) works under a contract of services. 
B) performs an agreed task for an agreed price. 
C) personally performs a task or tasks allocated to them by the employer. 
D) is subject to the control and direction of the employer.

Question 10

In which of the following circumstances will a promise of a pay increase by an employer be enforceable by an employee?

Accepted Answer

A) It is always enforceable because the employee's consideration is performance of a task. 
B) If it is supported by consideration in the form of improved performance. 
C) If it is supported by the past performance of employment tasks by the employee. 
D) If it supported by consideration provided by the employer. 
A) It is always enforceable because the employee's consideration is performance of a task. 
B) If it is supported by consideration in the form of improved performance. 
C) If it is supported by the past performance of employment tasks by the employee. 
D) If it supported by consideration provided by the employer.

Question 11

Which of the following is NOT one of the duties of an employee?

Accepted Answer

A) To work in a skilful and competent manner. 
B) To exercise reasonable discretion in decision making. 
C) To hand over inventions made in the course of employment. 
D) To disclose information relevant to the employer. 
A) To work in a skilful and competent manner. 
B) To exercise reasonable discretion in decision making. 
C) To hand over inventions made in the course of employment. 
D) To disclose information relevant to the employer.

Question 12

Which of the following statements about the employer-employee relationship is NOT correct?

Accepted Answer

A) An employee is entitled to workers compensation. 
B) An employee generally does not have the ability to bind their employer in contract. 
C) An employer is responsible for payment of income tax and superannuation for an employee. 
D) An employer may be found vicariously liable for the wrongs of their employee. 
A) An employee is entitled to workers compensation. 
B) An employee generally does not have the ability to bind their employer in contract. 
C) An employer is responsible for payment of income tax and superannuation for an employee. 
D) An employer may be found vicariously liable for the wrongs of their employee.

Question 13

Absent statutory language governing industrial or employment matters,common law will rule.

Accepted Answer

A) True 
 B)False

Question 14

What are the differences between employees and independent contractors,and how can the latter's lack of comprehensive legal protection be justified?

Accepted Answer

Employees and independent contractors di

Question 15

In the event of any inconsistency between them,which of the following takes precedence?

Accepted Answer

A) State industrial awards or industrial agreements. 
B) State legislation. 
C) The common law employment contract. 
D) The Fair Work Act 2009 (Cth). 
A) State industrial awards or industrial agreements. 
B) State legislation. 
C) The common law employment contract. 
D) The Fair Work Act 2009 (Cth).

Question 16

The worker's compensations schemes are based on the laws of negligence.

Accepted Answer

A) True 
 B)False

Question 17

An independent contractor is defined as an individual who performs a service according to their contract.

Accepted Answer

A) True 
 B)False

Question 18

The unfair dismissal provisions of the Fair Work Act 2009 (Cth)do not apply to small business employers.

Accepted Answer

A) True 
 B)False

Question 19

The terms 'unlawful termination' and 'unfair dismissal' have the same meaning.

Accepted Answer

A) True 
 B)False

Question 20

Why was the issue of the employment relationship crucial to the success of the plaintiff's case in Hollis v Vabu Pty Ltd (2002)207 CLR 21?

Accepted Answer

A) So that he could hold the courier vicariously liable for the injuries he received. 
B) Because he was injured in the course of his employment. 
C) So that he could hold the employer vicariously liable for the negligence of the courier. 
D) Because the Courier was an independent contractor. 
A) So that he could hold the courier vicariously liable for the injuries he received. 
B) Because he was injured in the course of his employment. 
C) So that he could hold the employer vicariously liable for the negligence of the courier. 
D) Because the Courier was an independent contractor.

Exam 31: The Work Environment and the Employment Relationship

An 'Award' is a legally binding order setting out the rights and obligations of employers and employees which is made by:

The term 'managerial prerogative' refers to the right of management to make decisions concerning all aspects of the operation of their business.

Which of the following would be considered sexual harassment under the Sex Discrimination Act 1984 (Cth)?

Which of the following is NOT one of the factors the court considered relevant to the existence of an employment relationship in Stevens v Brodribb Sawmilling Co Pty Ltd (1986)160 CLR 16?

Where there is no continuity of employment between the employer and the employee,the contract is a casual contract.

The Fair Work Act 2009 (Cth)is based on which head of constitutional power?

In the absence of an Award,how much notice must an employer give an employee of termination of the employment contract?

If either party to an employment contract dies,the employment contact will be terminated.

In the context of an employment contract,an independent contractor:

In which of the following circumstances will a promise of a pay increase by an employer be enforceable by an employee?

Which of the following is NOT one of the duties of an employee?

Which of the following statements about the employer-employee relationship is NOT correct?

Absent statutory language governing industrial or employment matters,common law will rule.

What are the differences between employees and independent contractors,and how can the latter's lack of comprehensive legal protection be justified?

In the event of any inconsistency between them,which of the following takes precedence?

The worker's compensations schemes are based on the laws of negligence.

An independent contractor is defined as an individual who performs a service according to their contract.

The unfair dismissal provisions of the Fair Work Act 2009 (Cth)do not apply to small business employers.

The terms 'unlawful termination' and 'unfair dismissal' have the same meaning.

Why was the issue of the employment relationship crucial to the success of the plaintiff's case in Hollis v Vabu Pty Ltd (2002)207 CLR 21?

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

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