Deck 8: State Regulation Minimum Standards and Awards

Question 1

List the main outcomes of the WorkChoices regulatory changes between 2005 and 2007.

Answer 1

The privileging of individual contracts
Reducing minimum standards and rights
Disempowerment of the Australian Industrial Relations Commission
Strengthening managerial prerogative and weakening unions
Increasing the power of the Federal Parliament and Minister for Employment Relations.

Question 2

Which parties are able to launch enforcement action in Australia?

A) Employers, employees and state agencies
B) Employees, trade unions and state agencies
C) Trade unions, employer associations and tribunals
D) The Fair Work Commission and the Fair Work Ombudsman

Answer 2

B

Question 3

Delegated regulation refers to:

A) rule-making in which the state dominates.
B) rule-making by legislation.
C) rule-making by a state agency.
D) substantive and procedural rules.

Answer 3

C

Question 4

What is the Better Off Overall Test?

Question 5

Why were the changes made by the WorkChoices amendments under Howard in 2005 considered remarkable?

Question 6

What do laws governing the employment relationship attempt to deliver?

Question 7

WorkChoices did not represent a radical shift in the regulation of employment in Australia, but was the logical successor to the Keating government's 1993 reforms. Discuss.

Question 8

What were the aims of award modernisation?

Question 9

How did Fair Work Australia implement award modernisation?

Question 10

Why is the state different from other parties when it comes to the making of rules that govern the employment relationship?

Question 11

Statutory regulation refers to:

A) rule-making by legislation.
B) rule-making in which the state dominates.
C) rule-making by a state agency.
D) substantive and procedural rules.

Question 12

What are the major reforms that have affected the scope of awards?

A) Award restructuring
B) Award simplification
C) Award modernisation
D) All of the options given here are correct

Question 13

Identify the parties to statutory employment regulation and describe the types of actions they can take in enforcing it.

Question 14

How did the scope of awards change after 2010?

Question 15

What were the most significant advances included in the National Employment Standards (NES) when amended in 2010 by the Rudd/Gillard government?

Question 16

What was the 'safety net' role of awards and how did this change after 1993?

Question 17

State regulation refers to:

A) rule-making by a state agency.
B) rule-making by legislation.
C) rule-making in which the state dominates.
D) substantive and procedural rules.

Question 18

Why was the introduction of substantive individual rights by the WorkChoices amendments to the Workplace Relations Act 1996 (Cth) so significant?

Question 19

What are awards and how are they determined?

Question 20

How did the federal inspectorate change in name and function after the 1980s?

Question 21

List the services provided by the Fair Work Ombudsman.

Question 22

Discuss the effect of Work Choices and the Fair Work Act on the procedural rules applied in the process of award-making.

Question 23

The safety net is based on the combined use of:

A) the National Employment Standards (NES) and modern awards.
B) collective agreements and traditional awards.
C) the National Employment Standards (NES) and collective agreements.
D) modern awards and particular sections of traditional awards.

Question 24

What were the three (3) main issues used by employers disenchanted by the level of state control in the early 1990s?

Question 25

Explain the role of awards prior to 1993?