Deck 19: Managing a Business 6: Employment

Question 1

A 'federal award' is a decision by:

A)An employer prescribing the minimum working conditions in a particular trade or industry.
B)An arbitrator prescribing the minimum working conditions in a particular trade or industry.
C)An industrial court or tribunal prescribing the minimum working conditions in a particular trade or industry.
D)The Commonwealth government to honour the contribution of a particular businessman to the Australian economy.

Answer 1

C

Question 2

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.

Answer 2

D

Question 3

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.

Answer 3

C

Question 4

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

A)Industry.
B)Market.
C)Trade.
D)Occupation.

Question 5

'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 6

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.

Question 7

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 8

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 who commits a crime or tort in the course of performing his duties.

Question 9

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 10

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 11

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 12

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.

Question 13

Unlawful termination disputes involving employees who are not company directors are usually resolved without the need for the involvement of;

A)Fair Work Australia.
B)The Fair Work Ombudsman.
C)The Federal Court.
D)ASIC.

Question 14

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.

Question 15

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 16

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 17

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)PAYE tax entitlements.

Question 18

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

A)Partnerships.
B)Sole traders.
C)Employers.
D)Corporations.

Question 19

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.

Question 20

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.