ASSESSMENT C – CASE STUDY
INSTRUCTIONS (via LMS)
You will require access to the learner resource for this unit, the internet and a computer.
... [Show More] You are to answer all questions.
Read each task and question carefully. Ensure you have provided all required information.
Should you require ‘reasonable adjustment’ to complete this assessment, discuss the options with
your assessor prior to attempting the task. Reasonable adjustment means modifications or changes
that give you the same opportunities in training as a person without a disability.
Your assessor will discuss the conditions of assessment, e.g., open or closed book, time limits for
completion, etc., with you prior to attempting this task.
To be deemed satisfactory in this task you must complete all tasks correctly. Your assessor will
determine how many attempts you are allowed for each task/question.
On completion, submit your assessment to your assessor via the LMS.
Task 3: Question and answer
Q1: What is an enterprise agreement and why use an enterprise agreement instead of an
industry award, especially in hospitality?
Enterprise agreements set out conditions of employment for a group of employees at one or
more workplaces. Enterprise agreements will apply instead of a modern award. The pay rate in
an enterprise agreement can't be less than the pay rate in the relevant modern award.
An EBA has its advantages against an industry award, especially in hospitality as it gives the
business the opportunity to roster staff based only on the productivity projected – without the
need to reduce hours in order to match labour targets – specially over weekends and public
holidays – when the industry award can be up to 2.5 times the standard rate.
Q2: Under an enterprise agreement what is the employer bound by and must comply with?
An enterprise agreement is between one or more national system employers and their
employees, as specified in the agreement. Enterprise agreements are negotiated by the parties
through collective bargaining in good faith, primarily at the enterprise level. Under the Fair Work
Act 2009, an enterprise can mean any kind of business, activity, project or undertaking.
An enterprise agreement must contain the following terms:
- a nominal expiry date for the agreement which is no longer than four years from the date
the Fair Work Commission approves the agreement
- a dispute settlement procedure, which must authorise either the Fair Work Commission or
someone else that is independent of those covered by the agreement to settle disputes
about any matters under the agreement in relation to terms of a modern award or the
National Employment Standards ('NES')
- a flexibility term that allows for the making of individual flexibility arrangements (IFAs) for
the purpose of meeting the genuine needs of the employer and employees. These are
arrangements between an employer and an individual employee that vary the operation of
the enterprise agreement in relation to the employee (see What is an Individual Flexibility
Arrangement? below)
- a consultation term, which requires the employer to consult their employees about any
major workplace changes that are likely to have a significant effect on them and allows the
employees to have representation in that consultation. If there is no such consultation term,
the model consultation term will apply. [Show Less]