Question 1

The traditional test to decide whether a worker is an employee or an independent contractor is the:&#10;A)contribution test.&#10;B)command test.&#10;C)connection test.&#10;D)control test.

Accepted Answer

The control test is the most commonly used test to determine whether a worker is an employee or an independent contractor. Under this test, the employer's degree of control over the worker's work is the primary factor in determining the worker's status. If the employer controls the work and how it is performed, the worker is likely an employee. If the worker has more control over the work, they are likely an independent contractor.

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?&#10;A)Strict liability for any illness or injury that occurs on the job.&#10;B)Monitoring the health of workers in order to prevent injury or illness.&#10;C)The provision of information about health and safety.&#10;D)The provision of safe work systems and safe plant and structures.

Accepted Answer

Strict liability for any illness or injury that occurs on the job is not a responsibility laid down in Workplace Health and Safety legislation. While it is the employer's responsibility to provide a safe working environment, accidents and illnesses can still occur despite the employer taking necessary precautions. It is important to note that the employer is still responsible for taking reasonable steps to ensure the safety of their employees.

Question 3

Workers compensation legislation in Australia is not concerned with:&#10;A)providing compensation for workers.&#10;B)setting up the office of the Fair Work Ombudsmen.&#10;C)the compensation and rehabilitation of workers who suffer injury.&#10;D)making employers strictly liable for any accident or injury that occurs to employees at work.

Accepted Answer

Workers compensation legislation in Australia is primarily concerned with providing compensation and rehabilitation for workers who suffer injury, and making employers liable for accidents and injuries that occur to employees at work. The Fair Work Ombudsman is a separate office that deals with workplace rights and compliance with workplace laws, and is not directly related to workers compensation.

Question 4

Unlawful harassment in the context of the workplace will usually occur when a person:&#10;A)feels intimidated or insulted.&#10;B)is irritated by office jokes and spam.&#10;C)is made to feel humiliated on account of their sex, disability, sexual preference or race.&#10;D)sends explicit or sexually suggestive emails to their partner using the work email system.

Accepted Answer

Unlawful harassment is when an employee is made to feel humiliated or demeaned because of their protected characteristic such as their sex, disability, sexual preference or race. Feeling intimidated or insulted is not enough to classify it as unlawful harassment. Irritation over office jokes or spam does not constitute harassment either. Sending explicit emails through the work email system is inappropriate and could potentially lead to disciplinary action, but it is not a form of harassment in the workplace unless it is directed towards someone and causes them to feel threatened or uncomfortable.

Question 5

Which employees in Australia are covered by the Federal industrial relations system as set out in the Fair Work Act 2009 (Cth)?&#10;A)All Australian employees&#10;B)All employees employed by corporations&#10;C)All public service employees&#10;D)All employees not covered by a Federal award

Accepted Answer

The Fair Work Act 2009 (Cth) covers employees who are employed by corporations, as the federal government has jurisdiction over corporations. This includes both full-time and part-time employees, as well as casual employees who work on a regular and systematic basis. Public service employees are generally covered by their own specific industrial relations system, and employees who are covered by a Federal award are also covered by a separate system. Therefore, the correct choice is B, as it includes the employees who are covered by the Federal industrial relations system as set out in the Fair Work Act 2009 (Cth).

Question 6

'Indirect' discrimination is discrimination that:&#10;A)is not communicated directly to the person subject to the discrimination.&#10;B)is subtle or latent.&#10;C)occurs because the effect of a requirement that is expressed in non-discriminatory terms is discriminatory in practice.&#10;D)occurs because something is expressed in discriminatory terms even though there may be no discrimination in reality.

Accepted Answer

Indirect discrimination occurs when a requirement or policy is expressed in non-discriminatory terms but has a discriminatory effect on a particular group. It is also sometimes referred to as systemic discrimination. It may not be communicated directly to the person subject to the discrimination and may be subtle or latent, but the key characteristic is that the effect of the requirement or policy is discriminatory.

Question 7

Unlawful discrimination in the context of the workplace will arise when someone is discriminated against on the basis of their:&#10;A)disability.&#10;B)capacity to do the job.&#10;C)skills.&#10;D)experience or training.

Accepted Answer

Unlawful discrimination in the context of the workplace can arise when someone is discriminated against on the basis of their disability. It is illegal to discriminate against someone because of their disability, and employers have a duty to make reasonable accommodations for those with disabilities to ensure equal access to employment opportunities. Discrimination based on capacity to do the job, skills, experience or training, may not always be unlawful, as employers are entitled to consider these factors when making hiring or promotion decisions. However, it is important for employers to ensure that they do not unfairly discriminate against any individual or group, and to treat all employees fairly and equitably.

Question 8

An employee is not entitled to claim workers compensation where their injury was:&#10;A)self-inflicted.&#10;B)an aggravation of a pre-existing injury.&#10;C)psychological only.&#10;D)one arising from serious and wilful misconduct of the employee that causes death or serious and permanent disability.

Accepted Answer

Self-inflicted injuries are not covered by workers' compensation.

Question 9

Which of the following workers is most likely to be found to be an independent contractor?&#10;A)A worker who is paid consistent amounts at regular intervals.&#10;B)A worker who decides upon their own hours of work.&#10;C)A worker who is provided with tools and equipment by the business.&#10;D)A worker whose rate of pay is set by the employer.

Accepted Answer

Independent contractors are typically able to set their own hours of work and have more control over their work arrangements than employees. The other choices suggest a greater level of control by the employer, which is more consistent with an employment relationship.

Question 10

The Fair Work Act 2009 (Cth) applies to all Australian:&#10;A)partnerships.&#10;B)sole traders.&#10;C)employers.&#10;D)corporations.

Accepted Answer

The answer of The Fair Work Act 2009 (Cth) applies...

Question 11

An enterprise agreement is an agreement that is made between employers and employees about:&#10;A)the expansion of the enterprise.&#10;B)terms and conditions of employment.&#10;C)the role of the relevant union.&#10;D)PAYG tax entitlements.

Accepted Answer

The answer of An enterprise agreement is an agreement that...

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?&#10;A)Industrial awards apply to employees but not to independent contractors.&#10;B)Employers are obliged to pay superannuation contributions in relation to employees, but not independent contractors.&#10;C)Employers are vicariously liable for the acts of their employees but not for the acts of independent contractors.&#10;D)Employers must withhold income tax from payments to independent contractors but not to employees.

Accepted Answer

The answer of Which of the following is not one...

Question 13

Which of the following is least likely to be an independent contractor?&#10;A)A worker who is paid inconsistent amounts at irregular intervals.&#10;B)A worker who decides upon their own hours of work.&#10;C)A worker who provides their own tools and equipment.&#10;D)A worker whose income tax instalments are deducted and paid by the employer.

Accepted Answer

The answer of Which of the following is least likely...

Question 14

Which of the following circumstances will not give rise to a right to terminate a contract of employment without notice?&#10;A)The life or health of the employee is put at risk unnecessarily.&#10;B)The employee is incompetent.&#10;C)The employee has breached a condition of their employment.&#10;D)The employee is in anticipatory breach of a condition of their employment.

Accepted Answer

The answer of Which of the following circumstances will not...

Question 15

An employee dismissed for which of the following may be held to be in contravention of the FWA unlawful termination provisions?&#10;A)Dismissal for incompetence&#10;B)Dismissal for a breach of a condition&#10;C)Dismissal for an anticipatory breach of contract&#10;D)Dismissal whilst the employee was on sick leave

Accepted Answer

The answer of An employee dismissed for which of the...

Question 16

An 'award' is unlikely to prescribe occupational entitlements and working conditions within a particular:&#10;A)industry.&#10;B)market.&#10;C)trade.&#10;D)occupation.

Accepted Answer

The answer of An 'award' is unlikely to prescribe occupational...

Question 17

An employee may be entitled to apply to the Fair Work Commission for a remedy under the unfair dismissal provisions if they:&#10;A)have completed a minimum employment period, and they earn more than $200 000 a year.&#10;B)are covered by a modern award and earn less than the statutory amount.&#10;C)are an independent contractor and covered by an enterprise agreement.&#10;D)can show that the dismissal was harsh, and based on discrimination.

Accepted Answer

The answer of An employee may be entitled to apply...

Question 18

Which of the following workers is most likely to be an employee?&#10;A)A worker who pays their own income tax independently.&#10;B)A worker who decides upon their own hours of work.&#10;C)A worker who is not authorised to delegate their responsibilities to another person.&#10;D)A worker who provides their own tools and equipment.

Accepted Answer

The answer of Which of the following workers is most...

Question 19

Unfair dismissal is a termination of employment that is:&#10;A)harsh, unjust or unreasonable.&#10;B)based on redundancy.&#10;C)based on a breach of an insignificant term of the employment contract.&#10;D)without notice.

Accepted Answer

The answer of Unfair dismissal is a termination of employment...

Question 20

To whom does the National Minimum Wage apply?&#10;A)All Australian employees&#10;B)Employees not covered by an award&#10;C)Employees not covered by an enterprise agreement or an award&#10;D)Teenagers in their first job

Accepted Answer

The answer of To whom does the National Minimum Wage...

Question 21

The National Employment Standards do not provide for which of the following:&#10;A)long service leave.&#10;B)requests for flexible work arrangements.&#10;C)minimum wages.&#10;D)maximum weekly working hours.

Accepted Answer

The answer of The National Employment Standards do not provide...

Question 22

Under the Work Health and Safety legislation workers must not do which of the following?&#10;A)Cooperate with any reasonable policies or procedures.&#10;B)Take reasonable care of their own health and safety.&#10;C)Comply with reasonable instructions given to them by their employer.&#10;D)Only worry about their own health and safety and not that of their fellow workers.

Accepted Answer

The answer of Under the Work Health and Safety legislation...

Question 23

Which of the following does not apply to the National Employment Standards?&#10;A)The NES applies to employees in Victoria only.&#10;B)The NES cannot be excluded in the terms of an award or enterprise agreement.&#10;C)An employer who contravenes the NES commits an offence.&#10;D)Many of the NES entitlements do not apply to casual employees.

Accepted Answer

The answer of Which of the following does not apply...

Deck 19: Managing a Business: Employing Workers