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LLAW3253 Labour Law

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1. Is Kate an employee or independent contractor?  Why does it matter? 

2. Assuming she is an employee, how much per hour should she be paid?  What is the difference between the ‘minimum wage’ and the ‘minimum wage in awards’?  What steps can she take to recover any underpayment?  

3. Having regard to the Fair Work Act 2009 (Cth) and its predecessor legislation, explain why making a registered individual workplace agreement is no longer an option and whether making a collective agreement is a good idea.  

4. Assuming she is an employee, is this a valid term of her contract?

5. Assuming she is an employee, what are her rights and obligations under the National Employment Standards in the Fair Work Act 2009 (Cth) and in your opinion, are these sufficient or should she try to negotiate more favourable terms with the Firm? 
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