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>• Liquor, Hospitality and Miscellaneous Union v Coca Cola Amatil (Australia) Pty Ltd [2009] FWAFB 668 – appeal about an application for a majority support determination
• Construction, Forestry, Mining, Energy Union- Mining and Energy Division v Tahmoor Coal Pty Ltd [2010] FWAFB 3510 – appeal about an application for a good faith bargaining order.
You will be able to download the decisions from the website for Fair Work Australia at www.fwa.gov.au. Search for the decision by name or by case number eg. [2009] FWAFB 668.
NB. Do either Question 4 or Question 5
Question 4 – Maximum 1000 words
Identify the entitlements under the National Employment Standards that could be relied upon by an employee to better accommodate the employee’s family responsibilities. Explain how those entitlements could be relied upon to do so. To what extent could the entitlements be relied upon by casual employees? Also to what extent are the entitlements under the NES more beneficial to employees than the prohibitions against discrimination on grounds of family responsibilities in the Fair Work Act 2009 and other discrimination legislation?
Question 5 – Maximum 1000 words
Part 3-1 of the Fair Work Act 2009 sets out protections for employees. Pretend you are an HR practitioner or a workplace relations lawyer working for or advising a client employer. Draft a summary of Part 3-1 Papers.htmlwith the purpose of informing the employer what the employer’s obligations are under Part 3-1 and recommending how best the employer could avoid penalties or other sanctions under the Part.
Introduction
The legal issues in this case include Fred’s right of recovery for breach of contract by Kengi or the $10 000 under the provisions of the Trade Practices Act 1974 for exclusive dealing & whether the discount is a binding contract, or whether Fred can rely on promissory estoppel 代写留学生作业to prevent Kengi reneging on the agreed discount. Other issues include negligence, in conjunction with the Wrongs Act (1958), and statutory protection under the TPA for Andreas, Lena & Abdullah. Finally, do the provisions of the Food Act 1984 (Vic) or the TPA allow for imprisonment of Fred or Ieysu?
Can Fred sue Kengi for breach of contract for selling seafood to Sophia’s Restaurant?
In order for Fred to sue for breach of contract, he needs to prove a contract existed, it was breached & the breach caused is losses. His http://www.51fabiao.org/liuxuezuoyedx/promise to pay $10 000/year to Kengi in return for a promise not to sell to other restaurants is an offer with clear promissory intent , which Kengi has expressly accepted by promising not to sell to other restaurants. With no statement to the contrary, it can be presumed that they intended to be bound by their promises. In Currie v Misa it was stated that consideration can take the form of forbearance to act. Thus, Kengi’s promise not to sell to others would be good consideration for Fred’s promise & a contract would exist. Whilst the express terms are clear, Kengi may argue there is an implied term based on past dealings, i.e. he can sell unwanted seafood to friend’s sushi bar (clearly
Can Fred sue Kengi for breach of contract for reneging on his promise of a discount?
Is Fred liable in negligence for injuries suffered by Andreas, Lena & Abdhullah?
1. Andreas, Lena & Abdhullah knew of the danger:
2. Andreas, Lena & Abdhullah appreciated the risk of injury created by the danger:
They couldn’t have appreciated the risk of injury, as they weren’t fully aware of the danger.
3. Andreas, Lena & Abdhullah voluntarily agreed to accept the risk:
Is Fred liable under Part VA of the TPA?
Can Fred be sued for breach of contract by Andreas, Lena & Abdhullah?
Can Fred or Ieysu face criminal charges resulting in imprisonment?
Bibliography
Brendan Sweeney & Jennifer O’Reilly, Law in Commerce (2nd ed), Butterworths, Chatswood, 2004.
Martin Davies & Ian Malkin, Butterworths Tutorial Series - Torts (4th ed), LexisNexis Butterworths Australia, Chatswood, 2003.
Paul Latimer, Australian Business Law, (26th ed), CCH Australia Limited, Sydney, 2007.
Review of the Law of Negligence, Final Report (2002), available at
last accessed Sun 2nd September, 2007.
