Practice test questions

1. Contractual terms implied by law include

a) common law duties of the employee

b) terms that are necessary for the contract
c) expressly agreed terms
d) sections of legislation

2. Misleading and deceptive conduct provisions in competition legislation are

relevant to employees because they

a) prohibit discriminatory hiring practices of employers

b) prohibit misleading employment advertising by corporations
c) require employers to make legal contracts with employees
d) require employers and employees to provide full information to
each other about terms of the employment

3. Casual employees are

a) permanent employees who have some expectation of regular hours

of work
b) those employed for an agreed fixed term
c) contractors who are engaged for a short period of time only
d) not entitled to annual leave

4. Identifying an employee requires

a) weighing up a number of factors that indicate employment against

factors that indicate a commercial contracting relationship
b) examining a worker’s reliance on the employer’s facilities to do
their job

1
 c) determining whether the worker is an agent of the employer
d) applying the 80% test to the worker’s relationship with their
employer

5. The duty to pay remuneration arises when

a) The employer waives full performance and the employees go home

b) The employer has required service but it is not offered by the
employee
c) The employee is ready and willing to work but the employer has
terminated the contract
d) The employee selectively performs duties and the employer does
not accept the partial performance

6. The formation of a valid contract of employment requires

a) No duress or unconscionability
b) Equitable consideration
c) A minor to be employed for their benefit
d) An employer to apply fair hiring practices

7. Express terms of the contract of employment are those that

a) The employee has referred to in the application form

b) The employer has discussed with the employee at interview stage
c) The employer has notified all employees of via email
d) The employer has included when making an offer of employment

2
8. An employee has a duty to

a) Obey all employer instructions

b) Disclose their employment history
c) Maintain confidentiality about special knowledge identified by
the employer
d) Cooperate with other employers

9. A restraint of trade clause in a contract of employment could be valid

where

a) It restricts the employer in the business

b) The employee promises not to share the employer’s trade secrets
with others for a limited period of time
c) It prevents an employee from working overseas in the future
d) The employee promises never to work for a local competitor

10. Mutual consent in the formation of a valid contract of employment refers

to

a) Parties to have a capacity to contract

b) A wages agreement
c) An offer and an acceptance
d) An absence of mistake, misrepresentation & duress

11. The multi factor test assesses if a worker

a) Works for a single employer 80% of the time

b) Travels to work independently
c) Has the necessary skills to perform the work
d) Can delegate responsibility

3
12. Every valid contract of employment requires

a) An offer and an acceptance requiring the performance of work

b) Minimum pay rates as consideration
c) At least one of the parties to have an intention to be legally bound
d) An employer to include all of their policies

13. Which of the following work relationships cannot involve a contract of

employment

a) The relationship between partners

b) The relationship between a company director & the company
c) The relationship between an outworker & the boss
d) The relationship between a minister of religion and the church

14. Contractual terms implied by fact are those that

a) Are reasonable in the view of the employer

b) Are necessary to give business efficacy to the contract
c) Contradict an express term of the contract
d) Are not obvious but make sense in the circumstances
15. The Competition and Consumer Act 2010 (Cth.) is relevant to employees
because
a) It prohibits employment discrimination
b) It penalises employers who require child employees to work at
night
c) It requires that employers maintain a safe workplace
d) It prohibits misleading job advertising in relation to offers of
employment

4
 16. An employee will probably breach the employment contract if s/he

a) Invents something at work.

b) Memorises confidential data used in employment.
c) Competes with the employer’s business.
d) Obeys a reasonable order.

17. A restraint of trade clause is most likely to be invalid

where

a) It overly restricts the future employment of an

employee.
b) It protects use of the employer’s trade secrets for a
defined time period.
c) It prevents an employee from utilising their special
expertise with a competitor while they are employed.
d) It prevents an employee from starting a competitive
business while they are employed.

18. Which of the following are functions legislation performs in regulating the
employment relationship?

1. Establishing machinery for assertion of employment rights

2. Creating new rights and obligations
3. Clarification of confusing aspects of the common law
4. Defining the nature of the relationship between a worker and
an organisation

a) 1, 3 & 4
b) 1, 2 & 3
c) 2, 3 & 4
d) All of the above

5
 19. An employer has a duty to provide work where

1. The duty is implied into every contract of employment

2. An employee is appointed to a specific office
3. An employee is ready, willing and able to perform their contractual duties
4. Failure to provide work can lead to a loss of reputation

a) 3 and 4 only
b) 2 and 4 only
c) 1 and 3 only
d) 2 and 3 only

20. An employee is under a duty to

a) Obey all instructions given by an employer

b) Obey any lawful and reasonable order given by an employer
c) Obey all urgent orders given by an employer
d) Obey any new order given by an employer