Each question is worth 25 marks. Please note that you are only required to address the issues stated in the question. Use the IRAC method to structure your answer and separate headings for Issue(s), Rules, Application and Conclusion.

Word limit = 800 words A tolerance of at least 10% of the word limit will be allowed. No penalties for exceeding the word limit will be applied, but words exceeding the limit may not be read.

Footnotes, endnotes or bibliography are not required but if you use them, bear in mind that they do not count towards the word limit.

Question 2 (25 Marks).

Jess is 16 years old high school students who serves at a coffee and BBQ van on school holidays for family friends Jim and Sue. Jim and Sue have known Jesss parents for many years. Jess doesnt expect to be paid because she doesnt have any previous experience and her parents have told her that this is a good opportunity to get some work experience. She is paid by Jim and Sue at a rate of $50 cash a day to do a 5 hour shift. She also gets a lift from Jim and Sue to and from the location that the van is at, as she doesnt drive yet. The van provides food at outdoor locations for a number of outdoor events.

During the Covid-19 lockdown Jim and Sue ask Jess to sign a Jobkeeper application. Jim and Sue say that they cant keep paying her if she doesnt sign. One day jess slips over and hurts her back. Jess stops work immediately, and she is not able to keep going with her athletics training. She has an ultrasound and an MRI which show that she has sustained soft tissue damage to the left side of her spine which could take 8-12 weeks to heal. Jim and Sue are very sorry to hear the news and tell her that she is not really an employee and cannot claim workers compensation.

Focus on the enforceability of the Jobkeeper application and whether the work is carried out by an employee or independent contractor.

Is there a contract between Jess and Jim and Sue? Is the Jobkeeper application enforceable? Is this a case of unconscionable conduct? Is Jess an employee or independent contractor? Are Jim and Sue correct that Jess cant claim workers compensation?