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Assessment 1

Student’s name:
Institution affiliation:
Instructor’s name:
Course:
Due date:
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Question 1
1. leave, including shift workers
The provisions about leave entitlements, particularly those for shift workers, are covered under the National Employment Standards (NES). Suppose the
conditions of the award or agreement identify the employees as workers under the NES. In that case, they are entitled to 5 weeks of paid annual vacation instead
of the usual four weeks. This applies to employees who are categorised as "shift workers." If specific requirements are satisfied, this entitlement also applies to
award and agreement-free workers: they must be employed by a company that has regularly rostered shifts that run around the clock, regularly work these
shifts, and frequently work on Sundays and public holidays. These clauses guarantee that shift workers get more excellent yearly leave benefits than regular
employees as defined by their employment agreements. With this recognition inside the NES, shift workers will get more leave to adapt to their unpredictable
schedules and address the unique challenges and working patterns they encounter.
2. mandated breaks between shifts
Before, workers had the right to at least one 30-minute unpaid lunch break for each shift longer than five hours. An employee might have been eligible for an
additional 20-minute paid meal break after fulfilling specific requirements. These clauses put the health and welfare of employees first by guaranteeing them
appropriate breaks and rest times between shifts. The purpose of these breaks is to protect the health and safety of the workers, understanding the need for
enough rest to avoid burnout and preserve both physical and mental well-being. Awards and agreements try to address the demanding nature of some work
schedules by establishing norms for these intervals, fostering an environment at work that values and prioritises employees' welfare. These rest intervals support
general workplace goals for occupational health and safety by reducing stress and weariness. Ultimately, these initiatives aim to promote a more sustainable and
healthy work environment for workers in various sectors.
3. maximum allowed shift hours
To avoid fatigue and maintain workplace safety, award conditions frequently include caps on the maximum number of hours an employee can work in a single
shift. Unless the award or agreement states otherwise, an employer cannot ask or demand an employee to work more than 38 hours per week for a full-time
position. This is due to the award's restrictions about maximum authorised shift hours. The maximum number of shift hours that non-full-time employees are
permitted to work is 38 hours, whichever is less than the employee's regularly scheduled hours in a workweek. These restrictions may be changed, though, if the
extra hours are thought to be reasonable in light of several variables, including the risks to the health and safety of the employees, their unique situations, the
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needs of the workplace, their entitlement to overtime or compensation, the notice provided by both parties, industry norms, their roles, and any agreed-upon
averaging arrangements. Employees not covered by an award or agreement may also agree in writing to average their regular hours worked over a maximum of
26 weeks; additional hours will be judged reasonably based on the same standards.
4. standard, overtime and penalty pay rates
A base pay rate for yearly leave is set by the National Employment Standards (NES), which do not include overtime, fines, allowances, or bonuses. Although
the NES offers a base pay rate, it excludes other elements that affect remuneration. Awards and agreements may specify different annual leave payment
schedules, sometimes with increased rates or add-ons such as annual leave loading. These agreements also lay out guidelines for penalty rates (for holidays or
non-standard hours, for example) and other types of compensation that go beyond basic pay. Their goal is to guarantee fair compensation in various work
environments and schedules. These contracts aim to adequately compensate employees for working conditions outside of typical business hours or on certain
events. Awards and agreements try to maintain equity and sufficiency in remuneration by outlining these payment provisions and considering the various work
schedules and conditions found in various industries.
Question 2
Minimum hours:
All employees, whether full-time, part-time, or casual, must get at least:
Six hours each day for full-time work.
Three consecutive hours on a part-time basis
2 hours consecutively for casuals
Comprehending job statuses and minimal engagement times is essential to evaluate pay entitlements during unanticipated closures. As a result, the three chefs'
compensation entitlements under the scenario would differ depending on their job position.
I. John, the Casual Worker: According to applicable awards or agreements, casual employees are typically entitled to a minimum engagement period of
two to four hours. Given that the unexpected circumstances resulted in an early end of the shift, John would be entitled to payment for the two hours of
work if his minimum engagement period is two.
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II. Jack (Part-Time Employee): According to pertinent awards or agreements, part-time workers may also be subject to minimum engagement periods,
usually lasting between two and four hours. Jack might be paid for three hours of labour even though the shift ended early if, for example, his minimum
engagement period is three hours.
III. Chenelle (Full-Time Employee): According to NES rules, full-time employees often do not have minimum involvement periods. Chenelle may,
therefore, be eligible for reimbursement for the 1.5 hours she worked before the unplanned shutdown interfered with her shift.

Question 3
Examining various leave policies reveals the resources that employees have at their disposal. Knowing each category gives people the ability to use their rights
to accommodations and manage work-life balance:
 Sick and carers: When a family member or household member needs care or help because of an illness, accident, or emergency, carers are entitled to
paid carer's leave. Paid carer's leave is offered to full-time employees for ten days annually (pro rata for part-time work).
 Employees with compassionate reasons: All workers are entitled to two days of compassionate leave for every death, serious illness, or injury that
affects a member of their immediate family or home. The employee and the employer may agree on different times for the compassionate leave, or the
leave may be taken in one continuous 2-day period or two distinct 1-day periods.

 Injury and rehabilitation of injured workers: Workers who have been injured at work and are undergoing rehabilitation can take the time off required for
appointments, treatment, and rehabilitation. Although typically unpaid, this leave safeguards their job status.
 Jury service: 'Make-up pay' is required for the first ten days of jury service and selection for both full-time and part-time employees. Make-up pay is the
difference between the employee's introductory pay rate for the regular hours they would work, and any jury duty payment they get from the court,
excluding any allowances connected to expenses that have been effective. An employer may ask for proof from the worker before providing make-up
pay to demonstrate that the. The entire amount of jury duty pay that has been awarded to the employee after they have completed all required processes
to receive it paid to the employee or will be due during that time. If the worker is unable to produce proof, they will not be eligible for compensation for
lost time.
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 Long service: After a certain number of years, employees who have worked for the same company for a long time are eligible for extended paid leave.
Most of an employee's long service leave entitlement is derived from the state or territory's long service leave rules. These rules specify the time an
employee must be employed (for example, seven years) and the amount of extended service leave to which the employee is entitled.
 Paternity or maternity leave: Parental leave is a benefit to which all Australian workers are entitled. If an employee has worked for their employer for a
minimum of 12 months, they can take parental leave. This leave can be taken either before the adoption date, if the employee is pregnant, before the
projected date of birth, or when the leave begins (if the leave is taken after someone else looks after the child or takes parental leave), possess or intend
to possess parental responsibility.
 Study: Students get the chance to use the concepts and abilities they learned in the classroom in a professional setting through student placements.
Students may acquire the skills necessary for a smooth transition from education to the workforce through the placements. The industry also has the
chance to enhance student learning simultaneously and raise the proportion of graduates who are prepared for the workforce placements that fall under
the vocational category, which are legitimately unpaid under the Fair Work Act 2009 (the FW Act).

In conclusion, leave policies that cover everything from compassionate and caregiver leave to study plans help to create an inclusive workplace. Awareness of
these choices encourages adaptability, helping staff members balance personal and work obligations.
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Question 4

Time and wages record

Employer and employee details
Employer’s name: Culinary Delights Pty Ltd

Employee’s name: Joseph

Pay period: 01 / 11 / 2023 to 15 / 11 / 2023 Pay date: 20 / 11 /2023

Hours worked
For information about hours of work, including minimum and maximum hours of work, penalty rates, overtime and break obligations, visit www.fairwork.gov.au or contact the
Fair Work Infoline on 13 13 94.

Employee’s ordinary hours: 38 hours per week Overtime Leave

Total Total Hours

Break
Day & date* Break unpaid* Other (Hours (hours (hours
Start time* Restart Finish Start time unpaid* Restart Finish Other times/ Type*
(e.g. Day: Mon; (e.g. meal times/ minus minus minus
(e.g. 8.30am) time* time* (e.g. 8:30am) (e.g. meal time* time Breaks (e.g. personal leave, etc.)
Date: 21/3) 12:30pm) Breaks* unpaid unpaid unpaid
12:30pm)
breaks) breaks) breaks)

Mon 06/11/2023 15:30 pm 7.30pm 8.00 pm 22.00 pm 6 hours

Thurs 09/11/2023 6:00 am 10.30 am 11.00 am 14.30 pm 8 hours

Fri 10/11/2023 6:00 am 10.30 am 11.00am 14.30 pm 8 hours

Sat 11/11/2023 6:00 am 10.30 am 11.00 am 14.30 pm 8 hours

Sun 12/11/2023 1:30 pm 19.00 pm 19.30 pm 22.00 pm 8 hours

38
Total: Total: Total:
hours
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Calculation schedules
Deductions
Taxation $140.00 Superannuation contribution $60.00
Other – type Number or name and number of super fund:
$0,000.00
(e.g. voluntary superannuation contributions)
Other: $0,000.00 Where the entitlement comes from (why the employer is liable to pay it) :
Period over which contributions were / / to
Other: $0,000.00
Employee made: / / declaration*: I have worked the above times and
received Date paid into the fund: / / the net pay shown on this worksheet.
Total deductions $200.00 Note: Any election made by the employee about the fund into which
I have superannuation contributions are to be made must be kept, along with a agreed with my employer to take time off instead of being
paid for the record of the date of the election. ___hours___mins overtime I worked in this pay period.
Net pay $750.00
The amount of time you can take is the same as the number of overtime hours you worked. For example, if you worked 2 overtime hours, you can take 2 hours time off.
Signed:_____________________________________________________________________________________________ Date: / /
* The Fair Work Ombudsman acknowledges that the inclusion of information marked with an asterisk (*) is not a requirement under the Fair Work Regulations 2009, effective 1 July 2009. This template is provided as a best practice
model.
# Where the Model Transitional Provisions (in modern awards) apply, a proportion of two different penalty entitlements may apply for the same period. This can occur where the pre-modern award penalty entitlement is different from the
modern award penalty entitlement, but both apply in the same period. In this situation, an employee is entitled to both part of the pre-modern award penalty and part of the modern award penalty. For more information about the Model
Transitional Provisions and penalty rates, please visit www.fairwork.gov.au.
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Question 5
Employers must keep thorough time and wage records to guarantee adherence to labour laws. The different aspects of employee engagement, including
hours worked, salaries received, leave taken, and other relevant information should be carefully documented in these records. Accurate documentation should
contain details like start and end times, length of breaks, and the relevant pay rates for every hour worked.
Compliance with record-keeping regulations is crucial in Australia. Employers are required to hold onto these documents for a minimum of seven years.
This extended period ensures comprehensive and precise data are available for review by approved organisations such as the Fair Work Ombudsman. The
purpose of these inspections is to confirm that the employer complies with applicable national employment regulations, agreements, or awards.
Companies and employees need to have complete and accurate records. It shows employers that they are dedicated to maintaining openness, justice, and
compliance with the law. These documents help settle disagreements or elucidate any possible disparities in pay, hours worked or paid time off. Moreover,
meticulous record-keeping guarantees that workers receive proper remuneration for their work hours, precise accruals of leave, and relevant benefits.
Employers risk fines or legal ramifications if they fail to keep accurate documents or preserve them for the necessary amount of time. If disparities or
non-compliance problems are found, it could result in enquiries, penalties, or other legal measures. As a result, maintaining accurate time and wage records is
essential to promoting just and equal workplaces and defending the rights of both employers and employees, in addition to being required by law.
Question 6
Because they proactively schedule employees to fulfil operational demands while balancing workforce needs, rosters play a critical role in
organisational efficiency. They act as a guide for staffing, ensuring enough coverage during busy periods and maximising output. Rosters make it possible to
match changes in workload to workforce availability, avoiding understaffing or overstaffing. This accuracy raises staff happiness, customer service quality, and
operational efficiency. Furthermore, efficient rostering makes a substantial contribution to staff cost control. Organisations can avoid excessive labour expenses
by staffing requirements and work volume with precision, enabling personnel to be deployed sensibly. Managers can strategically assign workers based on
abilities, experience, and workload by optimising the roster to match labour resources to demand patterns. This helps avoid overstaffing during slower times.
Using rostering to control labour expenses requires several tactics. One strategy is to predict demand patterns and adjust staff schedules to account for
variations. Using temporary or part-time employees can offer flexibility during busy periods without increasing the expense of hiring full-time employees. By
putting into practice effective shift structures, including flexible work schedules or staggered shifts, labour utilisation can be maximised without sacrificing
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efficiency. Furthermore, continuous cost control is ensured by tracking and modifying rosters in real time in response to performance data or actual demand.
Using technology such as rostering software also helps with efficient scheduling because it automates processes and considers skill sets, labour regulations
compliance, and staff availability. Cost control is further aided by this automation, which expedites the preparation of rosters and reduces errors.
Roster alignment with operational requirements is the foundation of organisational efficiency. By using rosters for demand forecasting, staffing
optimisation, and situational adaptation, organisations can efficiently control labour expenses while augmenting efficiency and quality of service.
Question 7
1. Improved Customer Experience: A diversified social and cultural skill mix in the hospitality sector makes better relationships with more comprehensive
customers possible. Workers of different backgrounds can relate to and comprehend a broad clientele's requirements, tastes, and subtle cultural differences. As a
result, there is an increase in personalised service, enhanced communication, and capacity to meet the unique needs of visitors from various cultural
backgrounds.
2. Innovative and Creative Problem-Solving: A varied team encourages a variety of viewpoints, concepts, and methods. When people from various social and
cultural backgrounds work together, they provide original ideas and solutions to problems. The hospitality business may adapt and create new services, menus,
or experiences that appeal to a broader audience because of this diversity of thought, which fosters innovation and helps the sector stay ahead of the
competition.
3. Cultural Competence and Adaptability: Employees in the hospitality industry who come from various social and cultural backgrounds become more
culturally competent. Team members who have experienced a variety of cultures, languages, and customs are better able to adapt and comprehend the demands
of their diverse guests. This ability to work well in various cultural settings creates a more friendly and inclusive atmosphere, enhancing the establishment's
reputation and attracting more customers.
Question 8
In the travel, hospitality, and entertainment (TH&E) sector, scheduling accommodations can be influenced by religious and cultural views. Here are three
instances:
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I. Observance of Shabbat (such as in Judaism): Some workers may keep a weekly Sabbath, usually observed from Friday night to Saturday night. One way
to make accommodations might be to avoid scheduling these people during certain hours. It may be necessary to accommodate these workers' flexible
schedules by ensuring they take time off on their Sabbath to honour their religious practice.
II. Hours of prayer (such as in Islam): There are designated prayer periods for Muslim workers throughout the day. In order to satisfy these religious duties,
rosters may need to consider these prayer times when scheduling breaks or shifts. It might also be argued that offering a location for prayer at work
supports their religious beliefs.
III. Festivals and Holidays (e.g., Christianity, Hinduism): Workers from many cultural backgrounds commemorate festivals and holidays under distinct
religious names. It is possible to promote diversity and show respect for different religious views by acknowledging and honouring these holidays in
roster planning by offering time off or flexibility in shifts at these times.
To accommodate various religious practices in rostering, employers and employees must be open to understanding one another. In the TH&E sector, there are
several approaches to respect different religious views while preserving operational effectiveness. These include flexible scheduling, shift swapping, granting
time off for religious observances, and ensuring that duty is distributed fairly during religious holidays.
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References
Charlesworth, S., & Howe, J. (2018). The Enforcement of Employment Standards in Australia: Successes and Challenges in Aged Care. International Journal

of Comparative Labour Law and Industrial Relations, 34(2).

https://kluwerlawonline.com/journalarticle/International+Journal+of+Comparative+Labour+Law+and+Industrial+Relations/34.2/IJCL2018005

Markey, R., & McIvor, J. (2018). Regulating casual employment in Australia. Journal of Industrial Relations, 60(5), 593–618.

https://doi.org/10.1177/0022185618778084