Deck 34: The Work Environment and the Employment Relationship

Question 1

Where unsafe work conditions are created in a situation that is beyond the control of the employer, the employer must:

A) Take steps to ensure that all employees vacate the premises within a reasonable period.
B) Take all reasonable steps to eliminate the risk of injury.
C) Take all reasonable steps to minimise the risk of injury.
D) Take steps to ensure that all employees vacate the premises immediately.

Answer 1

C

Question 2

Which of the following statements is NOT correct?

A) An independent contractor is responsible for paying their own tax.
B) An independent contractor is not covered by an award.
C) An independent contractor is entitled to workers compensation.
D) An independent contractor generally does not have the authority to bind their employer in contract.

Answer 2

C

Question 3

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?

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.

Answer 3

C

Question 4

The duty of an employer to ensure the safety of employees applies to:

A) All their employees during working hours no matter where they are or what they are doing.
B) Premises which are owned by the employer.
C) Any situation unless the employer has taken all necessary steps to eliminate risk.
D) Premises which are regularly used by employees whether owned by the employer or not.

Question 5

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?

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 6

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

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 7

In the context of capacity to contract, which of the following statements is NOT correct?

A) Children of any age can deliver newspapers or pamphlets or advertising material provided they have written permission from their parents.
B) Children of any age can work in a family business provided it does not interfere with school attendance.
C) Children aged 13 or 14 can work in cafes or fast food outlets outside school hours with written permission from their parents.
D) All of the above.

Question 8

Which of the following is NOT a source of regulation of employment law in Australia?

A) The common law.
B) International treaties.
C) State legislation.
D) Federal legislation.

Question 9

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

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

Question 10

The employment relationship in Australia is regulated by:

A) Federal and state awards or industrial agreements.
B) Federal and state legislation.
C) The law of contract.
D) All of the above.

Question 11

In the context of an employment contract, an employee:

A) Controls how the task is to be done, the manner in which it is to be done and the methods and materials used.
B) Works under a contract for service.
C) Performs an agreed task for an agreed price.
D) Personally performs a task or tasks allocated to them by their employer.

Question 12

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

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

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

Question 14

A person working under a contract for service is known as an independent contractor.

Question 15

What was the reason for the decision of the court in the case of Hollis v Vabu Pty Ltd [2001] HCA 44?

A) The worker did not provide labour that required qualifications or skill.
B) The worker could not refuse work.
C) The worker was required to wear the company uniform and was presented as a representative of the company.
D) All of the above.

Question 16

Where legislation is silent on an industrial or employment issue, the common law will apply.

Question 17

The case of Zuijs v Wirth Bros Pty Ltd (1955) 93 CLR 561 is authority for the principle that:

A) A worker will be an employee if the employer has the physical ability to control them.
B) A worker will be an employee if the employer has the legal right to direct them.
C) A worker will be an independent contractor if the employer has the physical ability to control them.
D) A worker will be an independent contractor if the employer has the legal right to direct them.

Question 18

In a casual employment contract, the employer:

A) Is obliged to remunerate the employee irrespective of whether the employee has performed their duties.
B) Is not obliged to provide any work to the employee.
C) Is not obliged to remunerate the employee, even where the employee has performed their duties.
D) Is obliged to provide at least some work to the employee.

Question 19

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

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 20

The use of 'outsourcing' and independent contractors is a manifestation of the practice of business 'downsizing' in order to reduce their workforce.

Question 21

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

Question 22

In which of the following circumstances is an employer entitled to dismiss an employee without notice?

A) Misconduct, disobedience, incompetence or negligence.
B) Repudiation by the employee of their contract of employment.
C) Breach of a serious nature.
D) All of the above.

Question 23

Which of the following duties of an employee continue after the employment has ceased?

A) The duty to account for all money or property received in the course of their employment.
B) The duty to hand over inventions made during the course of their employment.
C) The duty to disclose information relevant to the employer.
D) The duty to obey the employer's lawful, reasonable and safe commands.

Question 24

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

A) To work in a skillful 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 25

Outline the duties of the employer and employee.

Question 26

Once a contract of employment is in place, there is a duty on the employer to provide work.

Question 27

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

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

Question 28

When a business is sold, all existing contracts of employment carry forward to the new employer.

Question 29

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

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

Question 30

Equal opportunity of employment in the workplace:

A) Sets targets for the representation of members of disadvantaged groups in employment.
B) Is seen as the genuine application of the merit principle in employment.
C) Is a program of positive and practical steps aimed at achieving equality in the workplace.
D) All of the above.

Question 31

Due to the personal nature of the employment contract, the death of either party will terminate the contract.

Question 32

The employee's duty to maintain confidentiality applies:

A) Only after the term of their employment has expired.
B) Both during and after the term of their employment.
C) Only during the term of their employment.
D) To inventions made during the course of their employment.

Question 33

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

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

Question 34

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

Question 35

Which of the following is NOT one of the ten National Employment Standards under the Fair Work Act 2009 (Cth)?

A) Minimum wages.
B) Compassionate leave.
C) Maximum weekly hours of work.
D) Public holidays.

Question 36

Which of the following is NOT a factor to consider when determining whether an employer has provided a safe system of work?

A) The level of remuneration of the employees concerned.
B) The type and adequacy of plant and equipment supplied.
C) Whether the task is simple or complex.
D) Standard practice and custom in the relevant industry.

Question 37

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

A) An industrial tribunal.
B) A court.
C) The employer and employee.
D) The parliament.

Question 38

Which of the following is NOT a ground for exemption from the workplace discrimination laws?

A) Employment in a small private household.
B) Impairment.
C) Genuine occupational requirement.
D) All of the above.

Question 39

Which of the following is NOT one of the grounds of discrimination that would be unlawful in the workplace?

A) Political beliefs.
B) Education.
C) Marital status.
D) Age.

Question 40

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

Question 41

The Workplace Health and Safety Act 2011 imposes a duty to secure the health and safety of workers and workplaces on:

A) The person conducting the business or undertaking.
B) Customers and visitors to a workplace.
C) Workers at a workplace.
D) All of the above.

Question 42

When will an employee NOT be covered by Workers' Compensation if they are injured?

A) While travelling between their home and place of employment.
B) At their place of work during a lunch break.
C) While working for the employer at a place other than their usual place of work.
D) While travelling to meet a friend during a lunch break.

Question 43

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

Question 44

Briefly explain how equal opportunity in the workplace is an alternative to discrimination and its relationship with the principle of affirmative action.

Question 45

Which of the following journeys are considered to be incidental to the employment relationship under the state workers' compensation legislation?

A) Journeys to or from medical attention and medical consultations.
B) Journeys to and from the workers home and their place of employment for the purpose of receiving wages.
C) Journeys from trade, technical or other training school.
D) All of the above.

Question 46

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

Question 47

The Workplace Health and Safety Act 2011 imposes a duty on customers and visitors to a workplace to take reasonable care for their own safety and that of others.

Question 48

Do you think that any of the human rights-based work regulations have gone too far in compromising the needs and rights of employers in favour of 'political correctness'? Explain.

Question 49

What are the aims of Occupational Health and Safety Legislation?

Question 50

The Workplace Health and Safety Act 2011 does not apply to contractors or subcontractors.