21037 Lecture Notes - Lecture 7: Fair Work Commission, National Employment Standards, Models 1
Document Summary
State regulation (rights which operates in the framework above: formal: breach (can be done by individuals, unions or employers no, eeo complaints basis (no positive duty), affirmative action. State regulation exercises political authority: the fair work act 2009 (cid:523)c(cid:495)th(cid:524) Primary statutory regulation = fair work act nes: minimum standards. Modern awards minimum wages and working conditions (negotiated. The state is involved in rule making and rule enforcement. Under fair work act, minimum stds for all employees are established (nes) Delegated regulation (rules that are made not by parliament, but are made by authorities set up by the parliament such as the fair work commission) Lecture 7 - state regulation of er & the fair work act. State regulation: statutory regulation: minimum standards i. e. nes, delegated regulation: modern awards. The awards cannot be less than the national employment standards but unions and employers can negotiate an eba (boot test applies here: enforcement.
