Deck 19: Managing a Business: Employing Workers

Question 1

The traditional test to decide whether a worker is an employee or an independent contractor is the:

A)contribution test.
B)command test.
C)connection test.
D)control test.

Answer 1

D

Question 2

Which of the following is not one of an employer's responsibilities that is laid down in the Workplace Health and Safety legislation?

A)Strict liability for any illness or injury that occurs on the job.
B)Monitoring the health of workers in order to prevent injury or illness.
C)The provision of information about health and safety.
D)The provision of safe work systems and safe plant and structures.

Answer 2

A

Question 3

Workers compensation legislation in Australia is not concerned with:

A)providing compensation for workers.
B)setting up the office of the Fair Work Ombudsmen.
C)the compensation and rehabilitation of workers who suffer injury.
D)making employers strictly liable for any accident or injury that occurs to employees at work.

Answer 3

B

Question 4

Unlawful harassment in the context of the workplace will usually occur when a person:

A)feels intimidated or insulted.
B)is irritated by office jokes and spam.
C)is made to feel humiliated on account of their sex, disability, sexual preference or race.
D)sends explicit or sexually suggestive emails to their partner using the work email system.

Question 5

Which employees in Australia are covered by the Federal industrial relations system as set out in the Fair Work Act 2009 (Cth)?

A)All Australian employees
B)All employees employed by corporations
C)All public service employees
D)All employees not covered by a Federal award

Question 6

'Indirect' discrimination is discrimination that:

A)is not communicated directly to the person subject to the discrimination.
B)is subtle or latent.
C)occurs because the effect of a requirement that is expressed in non-discriminatory terms is discriminatory in practice.
D)occurs because something is expressed in discriminatory terms even though there may be no discrimination in reality.

Question 7

Unlawful discrimination in the context of the workplace will arise when someone is discriminated against on the basis of their:

A)disability.
B)capacity to do the job.
C)skills.
D)experience or training.

Question 8

An employee is not entitled to claim workers compensation where their injury was:

A)self-inflicted.
B)an aggravation of a pre-existing injury.
C)psychological only.
D)one arising from serious and wilful misconduct of the employee that causes death or serious and permanent disability.

Question 9

Which of the following workers is most likely to be found to be an independent contractor?

A)A worker who is paid consistent amounts at regular intervals.
B)A worker who decides upon their own hours of work.
C)A worker who is provided with tools and equipment by the business.
D)A worker whose rate of pay is set by the employer.

Question 10

The Fair Work Act 2009 (Cth) applies to all Australian:

A)partnerships.
B)sole traders.
C)employers.
D)corporations.

Question 11

An enterprise agreement is an agreement that is made between employers and employees about:

A)the expansion of the enterprise.
B)terms and conditions of employment.
C)the role of the relevant union.
D)PAYG tax entitlements.

Question 12

Which of the following is not one of the reasons why it is important to know if a particular worker is an employee or an independent contractor?

A)Industrial awards apply to employees but not to independent contractors.
B)Employers are obliged to pay superannuation contributions in relation to employees, but not independent contractors.
C)Employers are vicariously liable for the acts of their employees but not for the acts of independent contractors.
D)Employers must withhold income tax from payments to independent contractors but not to employees.

Question 13

Which of the following is least likely to be an independent contractor?

A)A worker who is paid inconsistent amounts at irregular intervals.
B)A worker who decides upon their own hours of work.
C)A worker who provides their own tools and equipment.
D)A worker whose income tax instalments are deducted and paid by the employer.

Question 14

Which of the following circumstances will not give rise to a right to terminate a contract of employment without notice?

A)The life or health of the employee is put at risk unnecessarily.
B)The employee is incompetent.
C)The employee has breached a condition of their employment.
D)The employee is in anticipatory breach of a condition of their employment.

Question 15

An employee dismissed for which of the following may be held to be in contravention of the FWA unlawful termination provisions?

A)Dismissal for incompetence
B)Dismissal for a breach of a condition
C)Dismissal for an anticipatory breach of contract
D)Dismissal whilst the employee was on sick leave

Question 16

An 'award' is unlikely to prescribe occupational entitlements and working conditions within a particular:

A)industry.
B)market.
C)trade.
D)occupation.

Question 17

An employee may be entitled to apply to the Fair Work Commission for a remedy under the unfair dismissal provisions if they:

A)have completed a minimum employment period, and they earn more than $200 000 a year.
B)are covered by a modern award and earn less than the statutory amount.
C)are an independent contractor and covered by an enterprise agreement.
D)can show that the dismissal was harsh, and based on discrimination.

Question 18

Which of the following workers is most likely to be an employee?

A)A worker who pays their own income tax independently.
B)A worker who decides upon their own hours of work.
C)A worker who is not authorised to delegate their responsibilities to another person.
D)A worker who provides their own tools and equipment.

Question 19

Unfair dismissal is a termination of employment that is:

A)harsh, unjust or unreasonable.
B)based on redundancy.
C)based on a breach of an insignificant term of the employment contract.
D)without notice.

Question 20

To whom does the National Minimum Wage apply?

A)All Australian employees
B)Employees not covered by an award
C)Employees not covered by an enterprise agreement or an award
D)Teenagers in their first job

Question 21

The National Employment Standards do not provide for which of the following:

A)long service leave.
B)requests for flexible work arrangements.
C)minimum wages.
D)maximum weekly working hours.

Question 22

Under the Work Health and Safety legislation workers must not do which of the following?

A)Cooperate with any reasonable policies or procedures.
B)Take reasonable care of their own health and safety.
C)Comply with reasonable instructions given to them by their employer.
D)Only worry about their own health and safety and not that of their fellow workers.

Question 23

Which of the following does not apply to the National Employment Standards?

A)The NES applies to employees in Victoria only.
B)The NES cannot be excluded in the terms of an award or enterprise agreement.
C)An employer who contravenes the NES commits an offence.
D)Many of the NES entitlements do not apply to casual employees.