Commerce Yearly - All (Flashcards)

Financial benefits of work

earning money, contributing money to super, improving living standards

Non-financial benefits of work

helping others, contributing to Australian economy, using and developing skills or abilities

Major participants in the workplace

governments, employers, trade unions, employees and contractors

Paid work

performing services for at least an hour per week in return for receiving money or income

Full-time employment

ongoing, at least 38 hours per week, fixed hours and a range of entitlements

Part-time employment

ongoing, less than 38 hours per week, fixed or variable hours, pro-rata entitlements

Casual employment

employed on an “as-needed” basis, variable shifts and hours, loading

Pro-rata

proportional basis, e.g. someone who works 3/5 of the week is entitled to 3/5 of the entitlements

Loading

extra pay given to casual workers to compensate for lack of benefits

Volunteers receive

no financial payment

Forms of income

wages, salaries, commissions, profits and dividends

Wages are paid per

hour, week or month

Salaries include

super, leave and bonus payments

Commission

percentage of sales executed

Self-employed workers earn

profit

Profits=

revenue - expenses

Dividend

sum of money paid to shareholders out of profits or reserves

Five industries

primary, second, tertiary, quaternary, quinary

Primary industry

produces raw materials sourced from nature

Secondary industry

transforms raw materials into finished or semi-finished products

Tertiary industry

provides services to others

The quarternary and quinary industries are a part of the

tertiary industry

Quarternary industry

service industries that process information and knowledge

Example of work in the quarternary industry

financial advisor or network specialist

Quinary industry

domestic services

Three elements of an employment contract

offer, acceptance and consideration

Consideration

the benefits both the employer and employee will receive from labour

Main types of employment contracts

award, enterprise agreement and common law contract

Award

legally enforceable minimum terms and conditions that apply to a business

Penalty rates

a higher pay rate when working very early or late, public holidays, weekends, overtime, etc.

Enterprise agreement

a negotiated agreement about pay and conditions made at a workplace level between an employer and either a group of employees or a union

Common law contract

covers employees who are not under any award or enterprise agreements

Employers are responsible for

paying and collecting taxes, contributing to superannuation, providing paid parental leave and a safe, discrimination-free work environment

Under the Work Health and Safety Act 2010, employers must ensure

their workplace is safe, machinery is regularly inspected and maintained, protective clothing and adequate training are provided, committees have been set up to enforce the WH&S rules and there is a written WH&S policy

Under the Work Health and Safety Act 2010, employees must

comply with safety instructions, report any dangerous situations and cooperate in the investigation of any accidents

An employee can be dismissed through

summary dismissal (serious breach of contract), dismissal ‘by notice’ (failure to perform the job adequately) and redundancy or retrenchment (services no longer needed)

If an employee believes they have been unfairly dismissed

they can contact the Fair Work Commission

Main roles of laws

establish boundaries, protection, freedom and resolving disputes

Court hierarchy (lowest to highest)

local, district, supreme and high courts

Courts with no jury

local and high courts

Magistrate

hears the cases in a local call

A magistrate can imprison an offender for up to

two years per offence, or a maximum of five years

The local court deals with

minor civil disputes, minor criminal matters, bail applications, arrest/search warrants, apprehended violence orders, committal hearings with indictable offences (not enough evidence for trial)

The local court is on the same level as the

children’s and coroner’s courts

Cases in the NSW district court are heard by

judges

The district court deals with

more serious civil cases, all motor vehicle accident cases and serious criminal matters such as armed robbery and manslaughter

The district court sometimes has a

jury to determine whether the accused is guilty or innocent

The district court hears appeals from the

local court

Highest court in NSW

supreme court

The supreme court deals with

serious criminal cases, such as murder, reasons and serious sexual assault, and the most serious civil cases

The supreme court is headed by the

supreme justice

The supreme court deals with appeals from

the local and district courts

The judgements of the supreme court are

binding on all lower courts

The high court deals with appeals from the

state of territory supreme sourts

The high court also hears cases concerning the

interpretation of the constitution

The high court creates laws that than affect

the powers of governments

The decisions of the high court are

final:

The high court is a

federal court

The high court consists of seven judges

the chief justice and six justices

The most important cases heard by the high court are determined by a full bench of

seven justices

All cases in the high court are dealt with by at least

two justices

The children’s court deals with cases

involving the care and protection of and criminal cases concerning young people under 18 who have committed offences

The children’s court is closed off to the

public and media

The coroner’s court is a special local court that

investigates deaths by unnatural causes in order to determine the identity of the deceased and the circumstances of their death.

Coroners also investigate the cause and origins of

fires or explosions

The family court is a specialised court that assists Australians to

resolve more complex family law matters such as divorce, parenting disputes and the division of property when couples separate

The only ground need for divorce in Australia is

the couple being separated for over 12 months

The drug court of NSW aims to

provide long-term solutions for offenders who have been caught up in the cycle of drug use and crime

Trial method used in Australia

adversarial system

Adversarial system

two opposing sides will prevent their arguments to an independent umpire, a judge or a magistrate

Jurys are used in less than

5 percent of all legal cases

Civil trials require a jury to decide whether the defendant is liable on the

balance of probabilities

Criminal trials require a jury to decide whether the defendant is liable

beyond reasonable doubt

Balance of probabilities

more likely than unlikely

Beyond reasonable doubt

without a reasonable doubt in mind

Two ways of making laws

common and statue

Statute laws

laws written down beforehand

Statue laws are also known as

Acts of Parliament

Common laws

laws developed piece by piece by judges as they come across new problems in cases they hear

If there is no existing law that regulates a case

the judge must make a decision

Law reports

books that record legal precedents set by judges in past cases

Laws created by the Australian parliament

have the highest status and must be obeyed by all people

Statute law will always succeed over

common law

Constitution

a document that outlines the powers of the parliament and any restrictions to its law-making authority

Australian constitution limits the powers of the

Federal government

Federal & state constitutions restrict

the state’s government

Commonwealth law always succeeds over

state law

Step one of making a law

discussion in cabinet

Step two of making a law

a bill is drafted of an Act of Parliament

Step three of making a law

the House of Representatives read the proposed law

Step four of making a law

the responsible minister describes the bill to the House of Representatives in a second reading, and a debate takes place. If a vote results in a majority favour, the bill moves on

Step five of making a law

the bill is again debated, bit by bit, and any necessary changes to the bill are made

Step six of making a law

the changed bill goes through a third reading, and if a majority is in favour during a vote, the bill passes through to the senate

Step seven of making a law

steps three to six reoccur in the Senate, if the senate decides to change something, it is sent back to the House of Representatives for another debate and vote. If the vote is approved by the Senate, it is sent to the Governor-General

Step eight of making a law

if a Governor-General approves and signs the bill, it becomes an Act of Parliament

Two branches of law

public and private law

Private law

how individuals interact with others as well as the rights and duties people have towards each other

Public law

regulates people’s behaviour within society as a whole and protects the freedom of individuals

Civil law is a part of

private law

Civil law deals with

non-criminal matters