Fair Work Act - Free Essay Example

Sample details Pages: 4 Words: 1304 Downloads: 8 Date added: 2019/10/10 Did you like this example? Issue: The legal issue is if XYZ Pty Ltd Can be held responsible for the injuries suffered by Lewis. Lewis a truck driver who drives XYZ truck has been injured at the depot where he attends every day, Monday to Friday, to pick goods for delivery since 2001 after the advertisement they had placed for drivers. The question arises as to if it can be established that XYZ Ltd is liable under the law of Fair Work for the injuries suffered by Lewis. Don’t waste time! Our writers will create an original "Fair Work Act" essay for you Create order For this reason, it requires being seen if XYZ Ltd had entered into the contract with Lewis either as an employee or as an independent contractor.   This case relates to the benefits and privileges that pertain to an employee that an independent contractor cannot enjoy. Rule: To come to the decision of the liability of XYZ Ltd towards Lewis, first it requires establishing if the company has an obligation towards the safety of Lewis and if it exists; it requires establishing if that the company has breached such duty (Winter, 2015). In this regard, the Fair Work Act requires the injuries suffered by the plaintiff in the due course of the business to be compensated by the defendant. Actions in favor of the ‘sham contracts provisions under the Fair Work Act involves all knowing or reckless behaviors that result in denial of workers employment benefits and protection (Champ, 2015). These provisions are contained in the General protections provision of the Fair Work Act as applied to proceedings against such behaviors, for instance; the Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd, the high court made it ruling (Barnes Lafferty, 2010) in accordance to: Section 357- Relates to misrepresenting employment as independent contracting arrangement: 1) A person (the employer) that employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. 2) Subsection (1) does not apply if the employer proves that, when the representation was made, the employer: Did not know; and Was not reckless as to weather; The contract was a contract of employment rather than a contract for services. Section 358- relates to dismissing to engage as the independent contractor. An employer must not dismiss, or threaten to dismiss, an individual who: Is an employee of the employer; and Performs particular work for the employer; to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services. Section 359- Relates to Misrepresentation to engage as independent contractor. A person (the employer) that employs, or has at any time employed, an individual to perform particular work must not make a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. The court has described ‘sham,’ Lockhart. J described this word in Sharrment Pty Ltd v Official Trustee in Bankruptcy () as: â€Å"†¦something that is intended to be mistaken for something else or that is not really what it purports to be. It is a spurious imitation, a counterfeit, a disguise or a false front. It is not genuine or true, but something made in imitation of something else or made to appear to be something which it is not. It is something which is false or deceptive.† This definition implies an intentional disguise, but some situations override it impacts where parties to a relationship have advanced to maintain a contract for services that nevertheless is viewed to have legal characteristics that comprise a contract of employment (Davis, n.d.). Application: Lewis working hours vary according to the delivery tasks assigned thus he has no control of the work. Lewis drives XYZ truck. Thus he uses tools of XYZ Ltd in the performance of the work. Although he does not wear uniform Lewis abides by depot rules on smoking, drug use, maintaining radio contact with the depot when delivering goods. He his paid on hourly rate after deductions relating to his use of the truck (insurance, vehicle registration, etc.) are made. Under the fair work Act an independent contractor is left with freedom on how he should complete the work, gets own insurance, uses own tools and pays own taxes as compared to employees who are under the employer control and the employer caters for other benefits such as compensation or insurance. In our case scenario, Lewis seems to have much control from XYZ Ltd in the performance of his job and drives XYZ truck as a tool to perform his work. This definitely makes him under the Fair Work Act to be an employee of XYZ Ltd. As an employee of XYZ Ltd, the company has committed some omissions in the performance of the employer-employee contract. Moreover, Lewis as an employee is denied paid sick leave, and also he takes four weeks unpaid annual leave each year which violates the rights and privileges of an employee thus treating him as an independent contractor. This relates to Linkhill Pty Ltd v Director of the Fair Work Building Industry Inspectorate case in 2015; the High Court deprived of Linkhill Pty Ltd, a chance to make an appeal against the ruling by Full Federal Court’s decision. In its decision the Full Federal Court found Linkhill to have affianced into Slam contracting by having underpaid its ten contractors, contrary to Linkhill claims that stated they had paid them above award rates. XYZ Pty Ltd fails to meet the compensation required for an employee (Karsten, 2011). Asking Lewis to sign a form of acknowledgment that indicated he worked as an independent contractor, the company was breaching Section 357 of the General protections provision of the Fair Work by making a statement that it knows is false. The case relates to a ruling made on Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd case in 2015. It concerned two housekeepers who had employed for some years by Quest South Perth Holdings Pty Ltd (Quest), they had entered into contracts with a labor hire providers (Contracting Solutions) to work for Quest (Karsten, 2011). The High Court ruled against Quest by holding that the Housekeepers were workers of Quest via an implied contract and held the company liable for breaching the provisions of Section 357 of the Act, which forbids bosses from making a misrepresentation to their employees regarding their employment standing. Conclusion: On the grounds of the law mentioned above and its application to the common case facts, it can hold that XYZ Pty Ltd has misrepresented employment as independent contracting arrangements. Therefore, it can hold that XYZ is liable for breach of the Fair Work Act of 2009. The rationale behind this conclusion is the fact that XYZ Pty Ltd made and advertisement for driver jobs which attracted Lewis, Lewis working hours vary according to the delivery tasks assigned thus he has no control of the work. Lewis drives XYZ truck. Thus he uses tools of XYZ Ltd in the performance of the work. Although Lewis does not wear the uniform, he abides by depot rules on smoking, drug use, maintaining radio contact with the depot when delivering goods. He his paid on hourly rate after deductions relating to his use of the truck (insurance, vehicle registration, etc.) are made. These evidence existences of an employment contract between Lewis and XYZ Pty Ltd. The Fair Work Act in Section 357 details the mis representation of employment as independent contracting arrangements an attempt by some employers aimed to evade meeting their employees benefits and safety entitlements which have portrayed in XYZ Pty Ltd case scenario.

Essay Abraham Lincolns Assassination - 3328 Words

Abraham Lincoln, the sixteenth President of the United States was elected president on November 6, 1860. Not even on the South’s ballot, Lincoln received 40% of the popular vote. As a strong republican, Lincoln believed in the abolition of slavery. Lincoln became president in the highest conflict between North and South in history, and wanted to preserve the Union. He believed that the South should not be punished after the Civil War, because he thought that they had already been punished enough. Abraham Lincoln’s lenient policies along with the effects of the Civil War led to his assassination. In the 1860’s, disputes began to arise about the amount of power that should be given to the State and Federal governments. During this†¦show more content†¦Lee surrendered at the Appomattox Courthouse, nearly ending the War (Reilly, B., Zimmerman, D. J.). John Wilkes Booth became a professional actor at the age of seventeen (Reilly, B., Zimmerman, D. J.). During the Civil War, he smuggled medicine to the Confederates and worked as a spy (Reilly, B., Zimmerman, D. J.). Then, when Richmond fell to Union forces, Booth was crushed by the fall of the rebellion and returned to Washington (The Effect of President Lincoln’s Death on National Affairs 4). Booth believed that Abraham Lincoln would be not be re-elected for his second term (Redford, R.). Soon after, Booth attended Lincoln’s second inaugural speech and uttered the words â€Å"What an excellent chance I had, if I wished, to kill the President on Inauguration day!† (qtd The Effect of President Lincoln’s Death on National Affairs). He hated that slaves would be treated as equals (The Lincoln Assassination and its Aftermath). Previously, Booth had wanted to abduct Lincoln to trade him for prisoners-of-war to benefit the Confederates, but the defeat of the South changed his plans to murder (Redford, R.). After the war, Lincoln gave a speech outlining his plans for peace and reconstruction for the country (34f. The Assassination of the President). Upon hearing Lincoln’s words, Booth muttered â€Å"Now, by God I’ll put him through†¦this is the last speech he will ever make† (qtd 34f. The Assassination of the President). Although the war was over, there was stillShow MoreRelatedEssay about Abraham Lincolns Assassination2628 Words   |  11 PagesAbraham Lincoln, the sixteenth President of the United States was elected president on November 6 in the year 1860. Not even on the South’s ballot, Lincoln received 40% of the popular vote. As a strong republican, Lincoln believed in the abolition of slavery. Lincoln became president in the highest conflict between North and South in history and wanted to preserve the Union. 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Global Business Marketing

Question: Discuss about theGlobal Business Marketing. Answer: Tesla Model 3 and the Product Features Tesla Australia deals with the manufacturing and selling of all luxury electronic products, along with electric automobiles and battery parts through B2C marketing strategy. This B2C model is referred to as Business-to-Customer marketing tactic that include promotion of product and related service among the customers (Stone, 2016). Tesla model 3 can be considered as the latest creation of the company in the year 2016 that involves automation, integration of telecommunication, and robotics features. The prime target within the market for this product is the youth, who always tries to explore the latest and popular product introduced in the market (Birk, 2015). The said model 3 offers five seated facilities with four door openings and provides the necessary comfort and financially affordable to its customers in every aspect. Being Teslas one of the cheapest model, it can be afforded by every class of people, and that this model acquire production which is larger in number compared to its previous model. One of the significant advantages of this design that have potential to attract the mass towards it is the efficiency is the battery that have long durability and standing power (Zheng, Zheng, Jiang and Ren, 2015). To draw the attention of its targeted market, the model also paid attention on its look by providing short front and overhanging rear, with a glass roof and a storage space at the bonnet. Along with the external appearance, it has also focused on some of its internal features like a spacious cabin, central touch screen facility, and flexibility option. The configuration of model 3 is fully based on custom based designed, which was not available in the former model (Birk, 2015). The present report further analyses the marketing strategy, PESTLE analysis and competitive analysis which is crucial for the present contemporary business environment. Strategic Analysis of Economic, Political and Socio-Cultural Environment Nowadays due to rise in the price of fuel, sustaining a car is a problem for every customer. On the other hand, Tesla provides an alternative source of energy that is chargeable battery, making its demand higher in the market (Zheng, Zheng, Jiang and Ren, 2015). This will certainly help in the economic growth of the company with increased attractiveness and sales. Australia being one of the major economic capitalists in the world, it has the opportunity to expand its business here after America. Additionally, with the rapid growth of the developing countries and their economies, the company also get a chance to increase its revenue keeping the view of these markets (Chen, and Perez, 2015). The political environment refers to the effect of the climate and the approach of the political parties that ultimately affect the business related operations. Tesla has politically established its principal markets in Australia such as taxation, employment and customer rights, and business legislation, and hence it has least political tension for its economic development (Crane, 2015). It has to responsive towards the political factors affecting their business industry. For example, government focus on environmental protection laws which stress on producing eco-friendly cars strictly meeting the emission levels, which is a supportive factor for Tesla. Similarly, the Australian open government provides various loan schemes for research of new and latest car technology (Crane, 2014). The socio-cultural environmental is the prior aspect of Tesla before entering to its target market. Being the producer of the electric car, Tesla has the chance to satisfy the Australian customers who these days prefer electric cars than the fuel cars (Chen, and Perez, 2015). Customers are more willing to spend their money on qualitative electric cars to improve their social status. The increase in the wealth gap between the higher class and middle-class people have become a threat to the company (Mangram, 2012). In addition to the upper class, the middle class is another important source of revenue for the company. Competitive Analysis Besides having several key features and attractive looks, Tesla model 3 has to survive in the market from its competitors. There are several other electric cars available in the Australian market including Tesla. Tesla model 3 provides 346 km battery backup per charge and have 5 seated facilities. It is designed in such a way that; it can attain safety rating of 5-star (Fontanhas, Cunha and Ferreira, 2016). The price is a little high with more efficiency and it cost is around $100000. One of its major competitors is Ford Focus Electric which costs around $37665 but provides around 122 km range per charge, and this limits its competition (Crane, 2014). BMW i3 Electric car is another its tough competitor which price is $63990 and has a range of 190km per battery charge which is very less as compared to model 3, but despite the high price and low range people desire to buy this model (Birk, D., 2015). Another prime competitor of Tesla is Mitsubishi i-MiEV Electric car having cost approx imately $48800 and gives a range of 150 km per charge. Being cost efficient, it does not provide sufficient range as that of model 3 (Fontanhas, Cunha and Ferreira, 2016). Recommendations Tesla model 3 is one of the cheapest models of Tesla, and its actual price will be declared in the coming year 2017. Its price is a presumed to be comparable with respect to its competitors. Furthermore, it also needs to focus on the pricing strategy for economic growth such as to increase the market size. The company should either use market-based pricing or value-oriented pricing or both of them (Cornell, 2016). In market-based pricing, the company should analyze its competitor's pricing and accordingly sets its price. While in value-oriented pricing, the company fix price taking into account the exact and observed price of the product. Moreover, Tesla should also focus on the market situation and customers view regarding the price (Charles, 2013). Distribution strategy is the most important aspect marketing mix in any business. In the present context, customers are aware of the location through which Tesla automobiles go through and where it can be accessed. Two principal places in the distribution strategy of Tesla include dealerships and retailers that needs to be maintained within the scope of networking and excellent communication/ information flow. Dealerships are the location where most of the sales deal and the transaction is to be done (Mangram, 2012). Tesla sells most of its cars through the dealership to the targeted market, which is also considered to be one of the most important aspect of their marketing strategy. Importnatly, there are retailers, where the companys automobiles, its spare parts are sold. These areas need to be managed by the company such as to reduce the impact of disruptive technology and offer seamless service to their customers (Voigt, Buliga and Michl, 2017). Promotional strategy is the most important criteria for marketing and sales of Tesla. It includes various principles as to how to interact and communicate with the target market. It can be through personal selling through dealerships and also through direct selling. Also sales promotion by giving discounts and deals attract customers (Abdulsater, 2014). Advertising through social or mass media is another important means of development. References: Abdulsater, A., Balasubramanian, A., Wang, B., Madani, F., Mansour, M., Talla, R. (2014). Technology Road Map for Tesla Motors Sedan EV. In Planning and Roadmapping Technological Innovations (pp. 215-238). Springer International Publishing. Birk, D. (2015). Tesla Motors, Inc. Market Analysis and Definition. Retrieved from https://www.content.grin.com/document/v309705.pdf Dated 28 Sep 2016. Charles, T. (2013). Competitive Strategies and Government Policies: The Automobile Industry (Tesla Motors). Docs. school Publications. Retrieved from https://www.oboolo.com/business-market/management/case-study/competitive-strategies-government-policies-automobile-industry-tesla-motors-84240.html Dated 28 Sep 2016. Cornell, B. (2016). The Tesla Run-Up: A Follow-Up with Investment Implications. Journal of Portfolio Management, Forthcoming. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2818536 Dated 28 Sep 2016. Crane, D. A. (2015). Tesla, Dealer Franchise Laws, and the Politics of Crony Capitalism. Iowa L. Rev., 101, 573. Crane, D. A. (2014). Tesla and the Car Dealers' Lobby. Regulation, 37, 10. Donada, C., Perez, Y. (2016). Editorial: Electromobility at the crossroads. Int. J. Automotive Technology and Management, 16(1), 1. Fontanhas, J., Cunha, J. and Ferreira, P., 2016. Is investing in an electric car worthwhile from a consumers' perspective?. Energy. Retrieved from https://www.sciencedirect.com/science/article/pii/S0360544216306922 Dated 28 Sep 2016. Mangram, M. E. (2012). The globalization of Tesla Motors: a strategic marketing plan analysis. Journal of Strategic Marketing, 20(4), 289-312. Stone, M. (2016). Business to business competitive marketing: Practice and literature. Journal of Customer Behaviour, 15(1), 3-14. Voigt, K. I., Buliga, O., Michl, K. (2017). Key Learnings: How to Start a Pioneering Business Model?. In Business Model Pioneers (pp. 213-215). Springer International Publishing. Zheng, K., Zheng, Z., Jiang, H., Ren, J. (2015, November). Economic analysis of applying the used EV battery to commercial electricity customer. In 2015 5th International Conference on Electric Utility Deregulation and Restructuring and Power Technologies (DRPT) (pp. 2100-2103). IEEE.

Demographic and Geographic Dilemmas

Question: Discuss about the Demographic and Geographic Dilemmas. Answer: Introduction: The issue regarding the gap of employment is getting bigger between the non-Indigenous Australians and the Aboriginal and Torres Strait People. According to the latest reports from the Australian Bureau of Statistics (ABS), the employment rates of indigenous people across the whole of Australia have only enhanced for those who have attained high levels of education, completed training or apprenticeships (Fawcett et. 2010). According to relevant reports, in accordance to Employment Gap only 56% of the Indigenous Australians of working age are dynamically contributing in the labour force, as compared to 78% of the population comprising of non-Indigenous people aged 18-65 (Altman 2016). The rate of active participation takes into account the people who are working, having full-time education or is energetically in the hunt for employment. Between the participating Aboriginal and Torres Strait Islander work force, a staggering 16% are unemployed currently, whereas for non-Indigenous Australians the rate stands at 5% (Biddle, Taylor and Yap 2014). The young indigenous people are the most likely ones to remain unemployed than any other age group. Young Indigenous Australians having educational qualification is best suited and most active in the labour force. They have the best chance of improving their employment factor. In 2013, approximately 78% of the Aboriginals and Torres Strait Islander people attaining Certificate II were enthusiastically partaking in the labour force, compared to 40% who never had the chance of attaining these credentials (Gregory and Smith 2016). Attaining higher qualifications always offers a better chance of being employed, with 84% of Indigenous Australians with a diploma degree participating actively. The rate of unemployment also depends on the level of education that is being received by the Aboriginals, as people who received Level 12 or Certificate II makes up around 13% of the unemployment rate (Otim et al. 2014). Without proper qualification in education, the rate stands at 24% for the Indigenous population. The results have been promising but the education rate among Indigenous Australians still remains a worrying factor for all. Another factor that plays its part in having an impact on the outcome of labour market is the health or disability issue of Aboriginals. As per the reports, Aboriginals and Torres Strait Islander people are more prone to chronic diseases like diabetes, heart related issues and kidney disease (O'Connor, Wilson Setterlund 2003). If they are not able to maintain good health, they would never be able to compete in the labour market as they would lack that energy and zeal to perform even if they possess that will power to do the same (Davidson et al. 2013). Over the years, the Australian Government has come up with lots of plans and policies to bring parity among the Aboriginals and Torres Strait Islander people. Success has not been there much, with gaps still existing between the two groups. The first and foremost thing that needs change is to improve the education system for Aboriginals and the conditions of the schools where they receive education (Eades 2013). It is surprising how a school in one of the rural areas of Australia, has filthy toilets, uncovered wiring and the existence of a hole in roof that lasted for a year. Walgett High School, as has been identified is situated in a region boasting bulky Aboriginal population, has the capability of handling 500 students, but astonishingly only 30-35 turn up each day (Chenoweth McAuliffe 2014). These students do not even have the urge to complete their education at school and carry forward that knowledge for further studies. Such a condition of a school would never be witnessed in either Sydney or Melbourne, but then why here. The Government needs to make sure that their thoughts, policies and schemes do not slip when it comes down to these Aboriginal people. The improvement should start from the basic level, if the Government really wants to bridge down the gap that exists, they need to mix the students in a school, and every good school should have their doors open for the Aboriginals too. Accessibility might be a problem, but not if government plans to offer a scheme in providing student scholarships to the Aboriginal students who have that required intelligence. Each renowned school and college should have quota system for the Aboriginals where atleast 20% of the seats should be reserved for them. They need that basic education and care to go ahead and achieve something big. Moreover, in Australia there should exist more companies like Rio Tinto, a big mining company having mining operations in Australia. During the mid-1990s only 0.5% of its workforce were indigenous ones, however, by 2010 the rate went up to 9% which is around 950 employees (Martin, Trigger and Parmenter 2016). More such Australian companies should follow the example of Rio Tinto where they have active employment programs for Indigenous people like job readiness training, support in literacy and numeracy, retention and improvement in career. Companies should be encouraged to have alternative retention methods for the Aboriginals like Indigenous people attending 4-5 days of workshops, where they get involved with problem-solving activities, receiving pre-employment training and an individual assessment from supervisors of the company (Griffin 2014). Companies should have Welfare and Workstart problem focusing on alcohol and drug training, literacy training, personal financial management . Non-Indigenous people should be given cross-cultural training so that discrimination and racism is never a part of organization life. Many indigenous people stay away from all these in fear of being bullied at workplaces. This needs to be reduced through Government policies of heavy penalty and imprisonment if anyone found guilty of doing the same. Companies and Governments should have different committees looking after this matter, so that indigenous people do not live jobs and sit at their homes or do something silly that is not viable (Browne-Yung et al. 2013). If employment rate of Aboriginals go up, they are most likely to be benefitted by it. Seeing a few, getting success in the corporate world and labour market would encourage more Aboriginals to join the suit. Earning money in a good way would improve their way of living and not influence them to indulge into criminal activities. They can maintain their and their familys health and well-being and work on improving their next generations future. Improvement in their employment rate, education and health would witness in improvement of their living areas, sanitation facilities and other such factors that long being an issue for them (Altman 2016). They would no longer be prone to such chronic diseases, as better lifestyle would offer them better ways of living and money to go for periodical check-ups from better hospitals. Everybody is going to be benefitted with things that have been proposed or needs change. Governments, companies, indigenous and non-indigenous people would all be the beneficiaries from this proposed change and things like this would create a better Australia. Australia faces lower level of human capital, which is why Government should assist the indigenous people to retain their places in the organizations, even if they lose jobs, get adequate training and get re-employed, especially during economic downturns (Jamrozik 2009). The biggest and foremost strength of this proposal is Australias unemployment would decrease a great deal, improving its overall economy condition. The human capital would increase for Australia and the gap that exists between Aboriginals and Non-Indigenous people should be reduced. A country can never improve if its people, be it of any culture and religion does not have necessities of life and they lag behind while others enjoy. A gap often leads to distraction, disparity, hatred and criminal activities that have been another major worry for the Australian Government to handle (Fawcett et al. 2010). Corporate organizations can all come in and support the government in bridging this gap as every industry in Australia is in need of labor. Aboriginals if given proper training and facilities can be very hard working people because they have so much to prove to others about how effective they can be in this society. Weakness is one thing that exists in any proposal or policies. In a society where people talk about equality, often they find doing things that leads to inequality. The quota system that has been mentioned in the change proposal might not hold well among the indigenous people who might protest against such actions. However, to pull up a community that has over the years being neglected is never easy. Strict rules are to be implemented so that they get that chance to highlight themselves to others what they are capable of. People does mention about being against racism (Williamson et al. 2016). However, there is still a lot of that remaining inside everybody everywhere around the world. The non-indigenous people might not enjoy the company of the indigenous people at workplace or other areas which might complicated things. If the organizations do possess different welfare programs for indigenous people, the non-indigenous ones barring a few would never be happy about that. This gap is like a curse that is slowly eating up a whole society, which is fighting for its existence in every manner they can. Reference: Altman, J., 2016. Basic Income for Remote Indigenous Australians: Prospects for a Livelihoods Approach in Neoliberal Times. InBasic Income in Australia and New Zealand(pp. 179-205). 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