What are the legal requirements that need to be observed

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Reference no: EM131597341 , Length: word count:3000

Assessment task

The Fair Work Act 2009 establishes a safety net of working conditions for employees falling within its jurisdiction, doing so via modern awards, National Employment Standards, as well as minimum wage determinations. Employers and employees may nonetheless enter into bargaining arrangements that lead to settlements whereby the terms and conditions of employment improve upon those offered by the safety net. These settlements are known as enterprise agreements, and the processes by which they are concluded figure prominently within the regulatory content of the Fair Work Act 2009. Indeed, around 40 per cent of Australian employees are presently working under some form of enterprise agreement. Hence the purpose of this assignment, which seeks to give you an appreciation of this increasingly pervasive form of labour contract.

You have been employed as a human resource manager by a firm that employs 100 workers, whose terms and conditions are presently regulated by a modern award. The owners of the firm have wondered what would be involved in moving their workforce onto an enterprise agreement, and what advantages and disadvantages are said to be associated with such agreements by comparison to modern awards. In addressing queries you are to write an essay that answers the following questions:

- What does the process of enterprise bargaining involve?

- What are the legal requirements that need to be observed?

- What organisations and institutions need to be consulted and/or applied to in the process of enterprise bargaining?

The essay should also draw on sources beyond the course content to answer the following question:

- What advantages and disadvantages are said to be associated with centralised bargaining, as exemplified in the settlement of modern awards, and decentralised bargaining, as exemplified in the settlement of enterprise agreements?

In undertaking this assessment task you should draw on authoritative sources only to support the discussion, arguments and analysis being made. What counts as ‘authoritative' are peer- reviewed journal articles, scholarly texts and research books, mainstream media, employer associations, trade unions, and public institutions with an interest in employment relations. You should not offer personal opinions or rely on personal experience. Nor should you refer to internet blogs, vanity sites, and the like, recognisable by their having no legitimacy in representation, or their offering of views and claims that are unaccountable to public, political or academic review.

Assignment format, instructions and rules

- Adhere to the word limit as set out above. Any assignment content over the limit will not be examined.

- There is no requirement or recommendation as to the number of sources that should be cited.

- This is not a group assignment.

- Double space your work in a 12 font, as it makes the text easier to read for the examiner.

- Papers that use no citation will attract an automatic zero. Resubmission is not an option.

- Papers that have no reference list will attract an automatic zero. Resubmission is not an option.

- Papers that do not apply correct citation format will be marked down. If you are unsure of how to cite sources used to develop arguments in university level essays, you should consult the resources made available in the ‘writing essays' folder on this unit's CloudDeakin web-site.
Examiners will allow some leeway for minor errors if a genuine attempt to apply a correct citation format is evident.

- Papers that apply citation to mask plagiarism will be automatically referred to the Academic Progress Committee, as will all cases of plagiarism. If you are unsure of what constitutes plagiarism, you should consult the resources made available in the ‘writing essays' folder on this unit's CloudDeakin web-site.

- The expected format of the assessment task is a standard university ‘essay' (i.e., opening with an introduction, followed by a body of content setting out the arguments, finishing with a conclusion summarising the key points). It is not a ‘report'; hence do not provide an executive summary or table of contents.

Reference no: EM131597341

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Reviews

len1597341

8/11/2017 1:21:33 AM

i got an assignmnet done before through you l but got lo marks. i look forward to receive good mrks an dilso i was told tht i can get a good discount onsidering what happened last time. The expected format of the assessment task is a standard university ‘essay' (i.e., opening with an introduction, followed by a body of content setting out the arguments, finishing with a conclusion summarising the key points). It is not a ‘report'; hence do not provide an executive summary or table of contents.

len1597341

8/11/2017 1:20:52 AM

3 – 3.4 Satisfactory organisation of arguments that flow reasonably well in reaching conclusions, expression is reasonably clear and coherent, and follows essay and citation conventions with only minor errors 3.5 – 3.9 Well executed organisation of arguments leading coherently to conclusions, expression is clearly articulated and the content follows correct essay writing and citation conventions. 4 - 5 Exceptional organisation of arguments that are both coherent and informative in reaching their conclusions, expression is exceptional, and the content follows correct essay writing and citation conventions.

len1597341

8/11/2017 1:20:46 AM

Communication with effective structure and presentation of essay according to assignment instructions and consistent with the expectations of university-level essay writing. Total: 10 marks (GLO2) 0 – 1.9 Disorganised structure, significant grammar and spelling errors, sizable portions incomprehensible, essay writing and citation conventions are ignored, paraphrased too closely and extensively, and/or essay writing conventions are ignored (i.e., introduction, body and conclusion). 1.5 – 1.9 Many inconsistent or contradictory arguments, sections of the essay are incomprehensible, paraphrasing too closely, portions of the essay are incomprehensible, and/or essay writing and citation conventions are only vaguely followed. 2.5 – 2.9 Some disorganisation of arguments, some awkwardness in expression, and/or minor misdemeanours in following essay and citation conventions, but meet minimum acceptable standards.

len1597341

8/11/2017 1:20:39 AM

9 – 10.4 points Understanding of the competing arguments is satisfactory. The analysis is reasonable. The sources used are adequate and the analysis is balanced across the competing arguments, with the description offered being in parts limited, vague and/or containing some errors. 10.5 – 11.9 points Understanding of the competing arguments is very good. The analysis provides excellent coverage and is balanced across the arguments, the sources used are relevant, and the description offered is generally sound, with only minor limitations, vagueness and/or errors. 12 -15 points Understanding of competing arguments is exceptional. The analysis provides outstanding coverage and is balanced across the arguments, the sources used are highly relevant, and the description offered is comprehensive, and free of limitations, vagueness and error.

len1597341

8/11/2017 1:20:33 AM

Critical thinking, exemplified in the analysis of competing arguments associated with practice of enterprise bargaining. Total: 15 marks (GLO4) 0 – 4.4 points Demonstrates little or no understanding of the competing arguments. 4.5 – 7.4 points Understanding of the competing arguments is inadequate. The analysis is either partial, one-sided, draws on inadequate sources, and/or the description provided is either very limited, extremely vague or contains numerous errors. 7.5 – 8.9 points Understanding of the competing arguments is acceptable. The analysis is basic. The sources used are limited and/or are only partially adequate, and/or the analysis lacks balance across the competing arguments and/or the description provided is either limited, vague, and/or contains some errors.

len1597341

8/11/2017 1:20:09 AM

6 – 6.9 points Understanding of the legal requirements that need to be observed is satisfactory. The coverage provided contains only minor omissions, and/or the description offered is in parts limited, vague or contains some errors. 7 – 7.9 points Understanding of the legal rights that need to be observed is very good. The coverage provided contains no omissions, and the description offered is generally sound, with only minor limitations, vagueness and/or errors. 8 – 10 points Understanding of processes, organisations and institutions is exceptional. The coverage provided contains no omissions, and the description offered is comprehensive, and free of limitations, vagueness and error.

len1597341

8/11/2017 1:19:08 AM

Discipline specific knowledge of the legal requirements that need to be observed during enterprise bargaining under the Fair Work Act 2009. Total: 10 marks (GLO1) 0 – 2.9 points Demonstrates little or no understanding of the legal requirements that need to be observed. 3 – 4.9 points Understanding of the legal requirements that need to be observed is inadequate. The coverage provided contains numerous omissions, and/or the description offered is either incomplete, extremely vague or contains numerous errors. 5 – 5.9 points Understanding of the legal requirements that need to be observed is acceptable. The coverage provided is very basic, with some omissions, and/or the description offered is either limited, vague, or contains some errors.

len1597341

8/11/2017 1:11:23 AM

Very good Exceptional 28 or more 32 or more 7 – 7.9 points Understanding of the processes, organisations and institutions is very good. The coverage provided contains no omissions, and the description offered is generally sound, with only minor limitations, vagueness and/or errors. 8 – 10 points Understanding of processes, organisations and institutions is exceptional. The coverage provided contains no omissions, and the description offered is comprehensive, and free of limitations, vagueness and error.

len1597341

8/11/2017 1:11:16 AM

MMH349 Marking Rubric – Assignment (Trimester 2 2017) Satisfactory Good 20 or more 24 or more 5 – 5.9 points Understanding of the processes, organisations and institutions is acceptable. The coverage provided is very basic, with some omissions, and/or the description offered is either limited, vague or contains some errors. 6 – 6.9 points Understanding of the processes, organisations and institutions is satisfactory. The coverage provided contains only minor omissions, and/or the description offered is in parts limited, vague and/or contains some errors.

len1597341

8/11/2017 1:11:01 AM

Criteria Very inadequate Unsatisfactory 0 or more 12 or more Discipline specific knowledge of the processes of enterprise bargaining and the organisations and institutions involved in enterprise bargaining under the Fair Work Act 2009. Total: 10 marks (GLO1) 0 – 2.9 points Demonstrates little or no understanding of the processes, organisations and institutions. 3 – 4.9 points Understanding of the processes, organisations and institutions is inadequate. The coverage provided contains numerous omissions, and/or the description offered is either incomplete, extremely vague or contains numerous errors.

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