1750F (EA560) MANUFACTURING and the LAW

CLASS TEST QUESTIONS

MULTIPLE CHOICE QUESTIONS

1 When parliaments abolish statutes, this is called

a) repealing

b) amending

c) initiating

d) codifying

2. A bill becomes an Act of Parliament in the Federal system when it is

a) initiated

b) passed by the Senate

c) passed by both Houses of Parliament

d) assented to by the Governor General.

3. A lower court must follow precedent unless it can

a) reverse

b) overrule

c) disapprove

d) distinguish.

4. The two main systems of law that operate in Australia today are

a) Statute Law and Common Law

b) Case Law and Common Law

c) Legislation and Ordinances

d) Aboriginal Customary Law and the Federal System.

5. Federal powers are divided between

a) the High Court and Parliament

b) the Executive, the judiciary and the parliament

c) the House of Representatives and the Senate

d) the court system, the Federal Parliament and State parliaments.

Contract law

1. Caveat Emptor basically means:

a) sellers have an unfair advantage in the marketplace.

b) buyers must make their decisions about purchases and accept the consequences if such decisions are poor ones.

c) credit providers must be licensed.

d) borrowers are protected by the law.

2. Consumers are protected against unfair contracts by:

a) Federal law only.

b) Federal and State Statute law.

c) the Common Law

d) Federal and State Statute law as well as common law.

3. Consumers are protected by the law because:

a) sellers are unscrupulous.

b) buyers are foolish.

c) buyers and sellers are in equal bargaining positions.

d) buyers and sellers are in unequal positions.

4. That goods must be of merchantable quality is an example of:

a) privity of contract

b) a condition of a goods and services contract.

c) a warranty under a goods contract.

d) an express term of a credit contract.

Employment law

1. Which of the following would indicate the existence of a contract for services?

a) pay as you earn tax deductions

b) a quote given for a job

c) supply of equipment and uniform by the hire

d) an award wage.

2. Which of the following is not a duty of an employer?

a) the duty to pay a reasonable wage

b) the duty to maintain a safe system of work

c) the duty to provide a reason for dismissal with notice

d) the duty to pay an employee for work expenses incurred by them.

3. An employee can end a contract of employment through

a) resignation

b) summary dismissal

c) retrenchment

d) redundancy.

4. A example of industrial action that can be legally taken by employees is

a) secondary boycott

b) strike

c) stand-downs

d) demarcation dispute.

5. An example of industrial action that can be taken by employers is

a) secondary boycott

b) strike

c) stand-downs

d) demarcation dispute

6. A feature of industrial policy which is part of NSW law but not part of Federal law is

a) outlawing of secondary boycotts

b) provision of enterprise bargaining

c) voluntary unionism

d) conciliation and arbitration.

7. Under NSW law, enterprise agreements must

a) not ‘disadvantage’ the worker

b) be negotiated through unions

c) allow for at least 5 sick days a year

d) not provide for any worker to do more than 40 hours in any one week

8. Enterprise agreements in NSW can be negotiated under provisions in

a) the Industrial Relations Act

b) the Essential Services Act

c) the Employment Protection Act

d) the Trade Practices Act.

9. Which of the following has increased or maintained the power of trade unions?

a) the Essential Services Act

b) the APPM (Burnie) dispute

c) the pilots’ dispute

d) the NSW Industrial Relations Act.

10. The percentage of union members in the workforce has dropped in recent years partly because of

a) voluntary unionism provisions

b) the APPM (Burnie) dispute

c) the Essential Services Act

d) the Commonwealth Trade Practices Act.

 

FILL IN THE BLANKS

1. Statute laws are made by _____________________

2. When the Commonwealth makes a law which is inconsistent with a law made by state in the same area, the ________________ law prevails.

3. The reason for deciding a particular court case is known as the ____________________________

4. When judges make law they must follow the doctrine of ______________________

5. The number of parliaments in Australia is __________________

Employment law

1. An ___________ term of contract is one that is not actually written into a contract but is made part of the contract by law.

2. The main statute in the area of safety in the workplace is the ______________ Act __________

3. Remedies available to wrongfully dismissed employees include ___________ , _______________ and __________________

4. _____________________ occurs when employers and employees in a particular workplace negotiate conditions outside the normal award conditions.

5. An arrangement whereby an employer agrees to employ only union labour is referred to as a ___________ arrangement.

6. The most powerful sanction that can be imposed on unions who breach commission orders is __________

7. Dismissal without notice is called __________________ dismissal

 

SHORT ANSWER QUESTIONS

1. What are the three parts of Federal Parliament?

2. From where do local councils derive their law-making powers?

3. What body interprets the words of Australian Constitution?

4. How can the words of the Australian Constitution be changed?

5. What two constraints are placed on judges making laws?

6. At what stage of a bill's progress through parliament are amendments made to it?

7. Courts make laws where no previous law exists. In what other circumstances do they 'make law'?

Contract law

1. Explain the difference between a condition and a warranty.

2. Why is Federal law insufficient to protect consumers?

3. What is a consumer?

4. Name two marketing practices that are illegal.

Employment law

1. What does breach of contract mean?

2. What is the difference between retrenchment and redundancy?

3. Which NSW law protects retrenched people?

4. What is notice?

5. What is an industrial dispute?

6. What is conciliation?

7. Which two pieces of legislation outlaw sympathy strikes?

8. Why is the conciliation and arbitration mechanism less accessible than it was before the Industrial Relations Act 1991 (NSW)?

OH&S and Workers Compensation law

  1. When was the first legislation relating to safety introduced into Australia and what were its main provisions?
  2. It is claimed that this Act was ineffective. What was the major cause of its ineffectiveness?
  3. When was the first industrial safety legislation introduced in NSW and what was the name of the Act?
  4. Until at least the mid 1900s criminal claims for negligence usually failed, what was the employer’s normal defence?
  5. State which classification, a shop, a factory or not applicable, as defined in under the Factories, Shops and Industries Act 1962 (NSW), applies to the following; AND give reason(s) for your decision.
    1. The auction of a private home by a registered auctioneer at the home.
    2. The auction of goods by a registered auctioneer at the auctioneer’s premises.
    3. A lawnmower maintenance shop employing three people including the owner.
    4. A commercial dry cleaners premises.
  6. A person rents premises from a firm and a fire occurs in the building injuring some employees. It is subsequently determined the major reason the employees suffered was because the fire escape was not safe. Who is liable the owner of the premises or the occupier?
  7. Define dangerous as applied to parts of a machine under the Factories, Shops and Industries Act 1962 (NSW).
  8. Are there any restrictions under the Factories, Shops and Industries Act 1962 (NSW) on the weight an experienced male over 18 years old can lift?
  9. List seven welfare requirements applicable to Shops, Factories and Industries under the 1962 Act (NSW).
  10. What is the maximum sound pressure level, irrespective of the duration, that an employee can be subjected to without hearing protection?
  11. List six factors that influenced the introduction of the Occupational Health and Safety Act 1983 (NSW).
  12. What is the fastest growing cause of workplace injury?
  13. List three persons, or groups of people, that might be at fault in the case of a single industrial accident that are referred to in the Occupational Health and Safety Act 1983 (NSW).
  14. You are working as part of team and one member of the team has an accident through carelessly ignoring a Company safety regulation and the act is undertaken whilst you are watching. What action may that employee take against you and why?
  15. You work in a company with 18 employees and wish to establish a Safety Committee. Can you insist that your employer sets up this committee?
  16. List three functions of Safety Committees.
  17. The Workers Compensation Act 1987 made a significant change in the way in which "journey claims" were considered. What was this change?
  18. What is the name of the organisation responsible for administration of the Workers Compensation Act 1987?
  19. List the three objective of the Workers Compensation Act 1987 (NSW).
  20. List three reasons a worker may not be entitled to benefits under the Workers Compensation Act 1987 (NSW).
  21. State the information an injured employee must give the employer in the event of an accident to ensure a workers compensation claim may be successful.
  22. State the name of the table where could you determine the amount payable for the loss of sight in one eye?
  23. Directly after work you are on your way to spend the night at your parent’s home, located 30 kilometres from your workplace, when you become involved in a motor accident and suffer an injury. The accident was in no way your fault and you were travelling in the most direct route to your destination even though it isn’t your normal residence. Are you likely to be able to successfully claim workers compensation?
  24. Indicate whether the following persons who suffer an injury at a registered occupier of premises is likely to be able to make a claim against the occupier under the Workers Compensation Act 1987 (NSW).
    1. A registered contractor performing normal activities under contract for the occupier.
    2. A visitor.
    3. The receptionist employed under a normal contract of employment.
    4. A salesman who is staying overnight in a company owned Motel.
  25. How long may a totally incapacitated person, as a result of a work related injury, be paid full wages?
  26. In the event of a dispute between a worker and his/her employer or the insurance provider what action should the worker take?
  27. What initial action will the officers of the WorkCover Authority take in the event of a breach of the Act?
  28. Briefly define discrimination.
  29. List seven groups mentioned in the Anti-discrimination Act 1977 (NSW) that it is unlawful to discriminate against.
  30. Indicate whether or not it is lawful, under the Anti-discrimination Act 1977 (NSW), to discriminate in the employment of the following persons.
    1. A company’s engagement of a contract plumber on the grounds that he overcharged a neighbour of the purchasing officer even though he has offered the lowest quotation to the company.
    2. A female who is found to have known that she was pregnant at the date of the interview for employment.
    3. A Lebanese female dancer in a Lebanese restaurant to entertain patrons.
    4. A female warder in a male prison.
    5. The adopted son of an English family on the grounds that the only other four employees in the firm are all Australian.
  31. You refuse to give a $10 voucher for discount on goods in your shop to a person on the grounds that all of his/her type have plenty of money even though you are giving away vouchers to anybody who asks you. Is this lawful under the Anti-discrimination Act 1977 (NSW).
  32. Describe the procedure you should adopt if you feel you are being discriminated against and that person will not listen to your complaint.
  33. How are costs usually allocated for hearings by the Tribunal?
  34. What options does the Equal Opportunity Tribunal have for settling disputes?
  35. What is the purpose of Equal Opportunity Management Plans in the public sector?

 

Richard Baker

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