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ANSWERING USING AUSTRALIAN LAW - IRAC FORMAT (REFER TO PAPER

Assignment Question

Johnno and Abe were both 23 when they were engaged as truck drivers for AXIS Operations Pty Ltd. That was back in 1989. They drove trucks for AXIS on a full-time basis for eight years and were then offered by AXIS to become contractors and own their own trucks.  Johnno and Abe are both married and have young families. Johnno and Abe agreed; they
both set up partnerships with their wives and signed contracts for the purchase of two trucks
from AXIS. Johnno and Abe also each signed a contract with AXIS that set up a service
obligation, for the delivery of products to customers.
Johnno and Abe continued to work the usual full-time hours, taking annual leave over
Christmas and New Year and on some school holidays. However, they were not paid for any
time off. However, most Christmas breaks started off with AXIS making a bonus payment to
all their workers, including Johnno and Abe. The payment was made based on the profits
AXIS anticipated at year end. As family men, the Johnno and Abe did not take on any other
delivery work for other distribution operators like AXIS, preferring to spend their weekends
with their children.
The trucks Johnno and Abe bought were fitted out with a specific fit-out which allowed for
secure storage of lighting products which AXIS required them to deliver. AXIS provided
these fit-outs and arranged for their installation. AXIS had a Work Rules Book that was
given to all their drivers each year and updated annually. It contained rules about respecting
others while working, prohibiting bullying and other offensive behaviours, as well as safety
rules requiring no smoking during loading and delivery of products.
Johnno and Abe invoiced AXIS monthly for the deliveries they made, based largely on
distance and volume of the delivery. Maintenance and running costs of the trucks were the
responsibility of Johnno and Abe. Income earnt by Johnno and Abe was declared as
partnership income for tax purposes and split with their wives.
Johnno and Abe worked for AXIS until late 2022 when, to their surprise, AXIS told both
drivers they were no longer needed. Neither Johnno nor Abe were given any notice. At this
time, the two truck drivers had paid off their truck loans but were shocked at being ‘let go’.
They asked why they were no longer needed and were told by AXIS that they were ‘too old
and slow’ and thus did not pack their trucks efficiently enough to move the required
volumes. Also, a lot of product had been written off that month due to accidental damage. Johnno had been in a minor accident and half of the products delivered to one AXIS customer were reported as chipped or cracked.

QUESTION 1:
Were Johnno and Abe employees, or another type of worker? Consider both common law and statute. (USING IRAC FORMAT)


QUESTION 2:
For the purposes of this part of the assignment, assume Johnno and Abe are employees:

Have AXIS breached Federal legislation when they terminated the employment of Johnno or
Abe without notice? Consider both common law and statute.  (USING IRAC FORMAT)
  WORKPLACE LAW (BSL202) ASSIGNMENT: T1, 2023    INSTRUCTIONS  1. Your answer all Questions, below, must not exceed 1,600 (+/- 10%) words in total. You can divide the 1,600 words between the questions however you like.  2. A good answer will demonstrate the following qualities:  (i) Correct identification of the relevant legal issues; (ii) Explanation of relevant case law and legislation; (iii) Clear application of the principles arising from case law and legislation to the facts; (iv) Appropriate use of sentences, headings, paragraphs and grammar; and (v) Correct referencing of your sources.  3. Format: Your answer must be typed and use 1.5 spacing.  Page margins should be the usual Word default margins (approximately 2.5cm).  Use Times New Roman and 12 point font (this does not apply to footnotes / endnotes).   4. Bibliography: There is no need to provide a bibliography, provided that you use footnotes, endnotes or in-text referencing to adequately reference the material used in your answer.  5. Referencing: Follow the APA Referencing style or use Chicago Referencing  a. APA: https://libguides.murdoch.edu.au/APA b. AGLC 4: https://libguides.murdoch.edu.au/Chicago   6. Submission: Submit your answer online by Midnight, 15th March 2023.  Use the icon in the Assignment folder to submit your assignment electronically.   7. Word limit: Print the total number of words you have used in your assignment on the cover sheet or front page of your submission.   8. Late Penalty: In order to encourage punctuality, 10% will be deducted from your raw mark for each day, or part thereof, by which the date of submission exceeds the submission deadline.  9. Plagiarism: this will be penalised severely, normally by failure.         
Assignment Question  Johnno and Abe were both 23 when they were engaged as truck drivers for AXIS Operations Pty Ltd. That was back in 1989. They drove trucks for AXIS on a full-time basis for eight years and were then offered by AXIS to become contractors and own their own trucks. Johnno and Abe are both married and have young families. Johnno and Abe agreed; they both set up partnerships with their wives and signed contracts for the purchase of two trucks from AXIS. Johnno and Abe also each signed a contract with AXIS that set up a service obligation, for the delivery of products to customers.  Johnno and Abe continued to work the usual full-time hours, taking annual leave over Christmas and New Year and on some school holidays. However, they were not paid for any time off. However, most Christmas breaks started off with AXIS making a bonus payment to all their workers, including Johnno and Abe. The payment was made based on the profits AXIS anticipated at year end. As family men, the Johnno and Abe did not take on any other delivery work for other distribution operators like AXIS, preferring to spend their weekends with their children. The trucks Johnno and Abe bought were fitted out with a specific fit-out which allowed for secure storage of lighting products which AXIS required them to deliver. AXIS provided these fit-outs and arranged for their installation. AXIS had a Work Rules Book that was given to all their drivers each year and updated annually. It contained rules about respecting others while working, prohibiting bullying and other offensive behaviours, as well as safety rules requiring no smoking during loading and delivery of products. Johnno and Abe invoiced AXIS monthly for the deliveries they made, based largely on distance and volume of the delivery. Maintenance and running costs of the trucks were the responsibility of Johnno and Abe. Income earnt by Johnno and Abe was declared as partnership income for tax purposes and split with their wives.  Johnno and Abe worked for AXIS until late 2022 when, to their surprise, AXIS told both drivers they were no longer needed. Neither Johnno nor Abe were given any notice. At this time, the two truck drivers had paid off their truck loans but were shocked at being ‘let go’. They asked why they were no longer needed and were told by AXIS that they were ‘too old and slow’ and thus did not pack their trucks efficiently enough to move the required volumes. Also, a lot of product had been written off that month due to accidental damage. Johnno had been in a minor accident and half of the products delivered to one AXIS customer were reported as chipped or cracked.
QUESTION 1: Were Johnno and Abe employees, or another type of worker? Consider both common law and statute. (20 marks)  QUESTION 2: For the purposes of this part of the assignment, assume Johnno and Abe are employees: Have AXIS breached Federal legislation when they terminated the employment of Johnno or Abe without notice? Consider both common law and statute. (20 marks)  END OF QUESTIONS.

Expert Answer

Assignment Question Johnno and Abe were both 23 when they were engaged as truck drivers for AXIS Operations Pty Ltd. That was back in 1989. They drove trucks for AXIS on a full-time basis for eight years and were then offered by AXIS to become contractors and own their own trucks. Johnno and Abe are both married and have young families. Johnno and Abe agreed; they both set up partnerships with their wives and signed contracts for the purchase of two trucks from AXIS. Johnno and Abe also each signed a contract with AXIS that set up a service obligation, for the delivery of products to customers. Johnno and Abe continued to work the usual full-time hours, taking annual leave over Christmas and New Year and on some school holidays. However, they were not paid for any time off. However, most Christmas breaks started off with AXIS making a bonus payment to all their workers, including Johnno and Abe. The payment was made based on the profits AXIS anticipated at year end. As family men, the Johnno and Abe did not take on any other delivery work for other distribution operators like AXIS, preferring to spend their weekends with their children. The trucks Johnno and Abe bought were fitted out with a specific fit-out which allowed for secure storage of lighting products which AXIS required them to deliver. AXIS provided these fit-outs and arranged for their installation. AXIS had a Work Rules Book that was given to all their drivers each year and updated annually. It contained rules about respecting others while working, prohibiting bullying and other offensive behaviours, as well as safety rules requiring no smoking during loading and delivery of products. Johnno and Abe invoiced AXIS monthly for the deliveries they made, based largely on distance and volume of the delivery. Maintenance and running costs of the trucks were the responsibility of Johnno and Abe. Income earnt by Johnno and Abe was declared as partnership income for tax purposes and split with their wives. Johnno and Abe worked for AXIS until late 2022 when, to their surprise, AXIS told both drivers they were no longer needed. Neither Johnno nor Abe were given any notice. At this time, the two truck drivers had paid off their truck loans but were shocked at being ‘let go’. They asked why they were no longer needed and were told by AXIS that they were ‘too old and slow’ and thus did not pack their trucks efficiently enough to move the required volumes. Also, a lot of product had been written off that month due to accidental damage. Johnno had been in a minor accident and half of the products delivered to one AXIS customer were reported as chipped or cracked. QUESTION 1: Were Johnno and Abe employees, or another type of worker? Consider both common law and statute. (USING IRAC FORMAT) QUESTION 2: For the purposes of this part of the assignment, assume Johnno and Abe are employees: Have AXIS breached Federal legislation when they terminated the employment of Johnno or Abe without notice? Consider both common law and statute. (USING IRAC FORMAT) WORKPLACE LAW (BSL202) ASSIGNMENT: T1, 2023 INSTRUCTIONS 1. Your answer all Questions, below, must not exceed 1,600 (+/- 10%) words in total. You can divide the 1,600 words between the questions however you like. 2. A good answer will demonstrate the following qualities: (i) Correct identification of the relevant legal issues; (ii) Explanation of relevant case law and legislation; (iii) Clear application of the principles arising from case law and legislation to the facts; (iv) Appropriate use of sentences, headings, paragraphs and grammar; and (v) Correct referencing of your sources. 3. Format: Your answer must be typed and use 1.5 spacing. Page margins should be the usual Word default margins (approximately 2.5cm). Use Times New Roman and 12 point font (this does not apply to footnotes / endnotes). 4. Bibliography: There is no need to provide a bibliography, provided that you use footnotes, endnotes or in-text referencing to adequately reference the material used in your answer. 5. Referencing: Follow the APA Referencing style or use Chicago Referencing a. APA: https://libguides.murdoch.edu.au/APA b. AGLC 4: https://libguides.murdoch.edu.au/Chicago 6. Submission: Submit your answer online by Midnight, 15th March 2023. Use the icon in the Assignment folder to submit your assignment electronically. 7. Word limit: Print the total number of words you have used in your assignment on the cover sheet or front page of your submission. 8. Late Penalty: In order to encourage punctuality, 10% will be deducted from your raw mark for each day, or part thereof, by which the date of submission exceeds the submission deadline. 9. Plagiarism: this will be penalised severely, normally by failure. Assignment Question Johnno and Abe were both 23 when they were engaged as truck drivers for AXIS Operations Pty Ltd. That was back in 1989. They drove trucks for AXIS on a full-time basis for eight years and were then offered by AXIS to become contractors and own their own trucks. Johnno and Abe are both married and have young families. Johnno and Abe agreed; they both set up partnerships with their wives and signed contracts for the purchase of two trucks from AXIS. Johnno and Abe also each signed a contract with AXIS that set up a service obligation, for the delivery of products to customers. Johnno and Abe continued to work the usual full-time hours, taking annual leave over Christmas and New Year and on some school holidays. However, they were not paid for any time off. However, most Christmas breaks started off with AXIS making a bonus payment to all their workers, including Johnno and Abe. The payment was made based on the profits AXIS anticipated at year end. As family men, the Johnno and Abe did not take on any other delivery work for other distribution operators like AXIS, preferring to spend their weekends with their children. The trucks Johnno and Abe bought were fitted out with a specific fit-out which allowed for secure storage of lighting products which AXIS required them to deliver. AXIS provided these fit-outs and arranged for their installation. AXIS had a Work Rules Book that was given to all their drivers each year and updated annually. It contained rules about respecting others while working, prohibiting bullying and other offensive behaviours, as well as safety rules requiring no smoking during loading and delivery of products. Johnno and Abe invoiced AXIS monthly for the deliveries they made, based largely on distance and volume of the delivery. Maintenance and running costs of the trucks were the responsibility of Johnno and Abe. Income earnt by Johnno and Abe was declared as partnership income for tax purposes and split with their wives. Johnno and Abe worked for AXIS until late 2022 when, to their surprise, AXIS told both drivers they were no longer needed. Neither Johnno nor Abe were given any notice. At this time, the two truck drivers had paid off their truck loans but were shocked at being ‘let go’. They asked why they were no longer needed and were told by AXIS that they were ‘too old and slow’ and thus did not pack their trucks efficiently enough to move the required volumes. Also, a lot of product had been written off that month due to accidental damage. Johnno had been in a minor accident and half of the products delivered to one AXIS customer were reported as chipped or cracked. QUESTION 1: Were Johnno and Abe employees, or another type of worker? Consider both common law and statute. (20 marks) QUESTION 2: For the purposes of this part of the assignment, assume Johnno and Abe are employees: Have AXIS breached Federal legislation when they terminated the employment of Johnno or Abe without notice? Consider both common law and statute. (20 marks) END OF QUESTIONS.

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