Law Management Business Trade Practices

Question: Discuss about the Law Management for Business Trade Practices. Answer: 1. A) With its origin and inception in 1914, Wesfarmers, a diversified company working as Western Australias farmers cooperative has sustained values and fair practices in its trade practices. They have attained global leadership will the help of these practices. The company achieves the enviable position it enjoys today through the usage the provision of goods and services in a professional and competitive basis thereby satisfying the need of a customer (Griggs et al., 2012). The company works with integrity and honesty both inside and outside responding to the needs of the communities. The strategies are taken by the company in organizing fair trade are as follows:- The company follows anti-bribery act complying with the stringent laws and regulations and principles set by the Australian policy makers. A sustainable relationship is maintained with the partners working with the breath of policies and standards set by the company Wesfarmers (Burrell and McGinn, 2009). Ethical sourcing policies are applied and set as minimum standards even when working under different conditions and various geo-political locations where rules and regulations are not that strict. The company applies their policies and standards set by the restrictive trade practice section of Competitions and Consumers Act. They work price agreement principle set by the standards by fixing a price below which resellers cant sell a product. They comply with the policies set by the Cartel provisions found in Part IV, Division 1 of Competitions and Consumers Act (Homburg, 2008). B) All the employees work under ethical treatment practice and to increasing supply chain transparency. The company considers it as the priority to reform a policy of completion to promote completion not to restrict the policies to develop the business. The company follows unilateral deductions in tariff on imported goods, and they have to reduce or removed them to the lowest levels. The company also follows the determination of the issuance of trade hours within the state or territory jurisdiction (Thomas, 2010). They also abide by the principles of competition from the government manufactures goods and products and work on the social and economic cases. The endorsements are done by Wesfarmers on the recommendation of marker issuances and assessments that help in the thriving of competition. The company abides by the guidelines set by CCA on the provision of section 46 (1AA) which refers to the predatory pricing by a corporation with a substantial share in the market. This act also kno wn as Birdsville Amendment Act puts competition in terms of pricing and market share and Wesfarmers works towards abolishing that. Section 46 also provides a vision blur in nature between vigorous and beneficial competition and this section should also need to be amended according to Wesfarmers (Miller, Sims and Miller, 2013). The company also works against the factors of unfair contracting set the Australian Consumer Law 2010 for business to business contracts. The company states that the law should be taken with more care to the maximum extent available. The company has followed the rules and regulation of Competition and Consumer Act 2010, ensures health safety, equal employment opportunities and fair trade practices. C) The company will be able to increase its market value by following the fair trade practice. The idea of fair completion is prevalent in the feature of laws, and they should follow the laws to the greatest effect. They can create sustainable relationships with their stake holders thereby creating a brand image in the face of economic and legal formations. They should make their corporate and employees follow the rules and regulations both set out by the cartel law and their laws of anti-bribery. Fair competition not only ensures good market value but also help sustain the financial viability of the company (Tony Ciro, et.al, 2014). The company should be working in tandem with the policymakers devices to create the image and also enabling the company has a healthy business cycle. The consumers of their company should get a proper product on the best market price provisioned by the Cartel Law section part IV, and the customers should get a proper valuation of their money. The managers s hould be able to fix prices of a particular prices staying under the provisions and laws set by the guideline of Competition and Consumers Act. Business to business contracts or independent business contracts should be set under the proper guidelines providing specific terms and conditions (Borgeon and Cellich, 2012). The aim to be taken by the company is to have both organic and inorganic growth that is growing from the inside with its profits and finances and also growing inorganically via mergers and acquisitions staying under the guidelines set by the act provided by the Competition and Consumer forum. The financial statement should be a vital testimony in providing the facts and figures of the company. The company will be able to attract more audiences and investors if they stay under the guidelines authored by the governing body. The company will also be able to stay out of legal woes because policymakers and governmental organizations are watching the activities of the company with a hawk eye view. An illegal practice from the company's part will disrupt the company's image in front of public and investors alike, and they will have to exhibit unnatural losses. The anti-policy laws if implemented over a company will provide enough option of dismissing market share through the help of financial losses and penalty to be paid (White, 2009). So the company should be following the rules and regulation of fixing the price and market competition through the usage of resale price maintenance proper implementation over merger and acquisitions without making any misuse of their given marke t power. 2. To: the Board of Directors, Bungee World From: Date: Subject: An explanation on the grounds of negligence and proving of recommendations for solving the potential damage of public. Sir, The case that happened inside Bungee World proves beyond fact that the accident happened unknowingly. The manager who was in charge of the particular station and safety operations of bungee jumping sporting event should be held responsible for the entire act. As a manager of safety operations he should have been more cautious towards his job. It is the managers responsibility to check and cross check all sorts of equipment and extra care needs to endured as they are working on adventure sports with high adrenaline rush (Ong, 2007). Competitions and Consumer Act puts importance of trade practices done fairly and ethically through all spectrums of business doings. Competency standards of Australian engineering depict the breaching of personal commitment obligations to community as provided by the measures of Act II of the National Professional Engineers Register. The act also emphasizes on the technical proficiency and value to be considered and given in a particular workplace. Accordi ng to competency standard of the Australian engineering of stage (ii) states the breaching of the personal obligations to the community, workplace value and technical proficiency competency standards 2012 of National Professional Engineers Register (Engineer Australia, 2016). The individuals planning the entire event should be able to consider all medical and health standards as per the laws and guidelines. Medical conditions with sufficient control should be depicted a physician or nursing practitioner should be provisioned to check the parameters of unusual blood pressure, abnormality in the heart rhythm, breathing trouble, back and leg injuries and several other head injuries. Bungee jumping is considered to be a super adventure sport. A lot of mishap can happen from the bungee jumping event. These types of events can formulate several types of injuries including head and spine injuries, eye injuries and several other types including eye injuries. In the case of Loki an investmen t banker, the safety harness seemed to fail leading this kind of a mishap. The platform which holds the safety harness over the bungee jumping platform clogged out on the basis of damage which may have incurred due to the presence of ocean moisture. The Australian authority makes strict provisions and guideline ensuring the safety of its product and service based customers Moreover, a human being. The safety managers fault was that he has not been able to correspond to this rules and guidelines of safety thereby resulting into a mishap which could have been avoided via proper inspection of all safety measures across all divisions. The management should consider the views against the spectacle of someones precious life. The elastic rope used for the bungee jumping performance was faulty and the company producing it should also be held liable for endangering the life an individual (Nottage, 2010). The faulty quality of rope clearly depicts that the company producing it are not implementing the guidelines set by the Competition and Consumer Act, which ensures the safety of a human being. The defective piece is a result of some low graded production facility without any application of ethical or other laws. Elastic rope considered for bungee jumping consists of many latex threads which once included creates a tough outer cover and outer part. In this case the toughness seems to be missing. With all due considerations made to this case, the steel part attached that the elastic rope that acts as a balance maker and back drop of a bungee jump seems to be in a bad shape. This particular base is responsible for the cre ation of public damages and other physical harm caused to a person. The act of negligence seems to be conducted by the manager to avoid this kind of circumstances. As per the Competition and Consumer Act 2010 the companies should be giving quality services and products to their company by running the business fairly. The standard also seems to be missing from this incident (Shaw, 2003). The recommendation necessary for the changes considering the issue should be that management should be taking proper actions in ensuring safety for the customers. They should help in creating infrastructure which would help the company have a proper brand image in front of the public. The ride and attractions and sporting events should be thoroughly checked first by their safety managers ensuring customer safety and implementing all laws provisioned by the governmental organizations. The company should also collaborate with their partners and make them understand the policies and guidelines for procuring safety for the customers. All the safety measures should be properly implemented for preventing any kind of accidents in future. In order to reduce the threats the company should implement all the given laws and make sure every employee should be following them to proper standards and measurements. The case happened with Loki who was a first timer jumper could easily have been avoided if the safety measurements could be properly implemented and the employees should have been more concerned about the guidelines of safety and try to implement them in their actions (Nottage, 2010). The act of the manager was an act of negligence that should analyzed as per the Tort law. So hereafter recommendations should be on the line of proper quality assurance and no negligence policies both from the management and employees. This will lead to the risk mitigation from more and m ore human lives. 3. National employment standards make use of policies or entitlements to be provided to every employee as per Australian standards. These standards include weekly hours to the maximum use, flexible working arrangements requests, leaves and parental leaves and other entitlements, the usage of public holidays among various others. The employment contract of a person should be using all the entitlements set out by NES. The company should be providing this entitlement to the employees to stay working in an Australian climate made through the fair trade policy (Fair work, 2016). The casual employee retained by the organization should be entitled to casual leave without pay, community services leave without pay, career's leave without pay among others . Long casual leaves are also provided to employees under the provision of special consideration. As the head of human resources of Wesfarmers, the employee needs to ensure the stringent policies set out by the government adhering to the poli cies set the parent company. The head of HR would also need to ensure that productivity and other departments of management work seamlessly under the conditions. Wage is a very important issue to be addressed, and the hr needs to find the best solution at the right time. The hr needs to focus on getting quality standards from an employee who is not only efficient but also gets work done at a right price (Australian Fair Work Act 2009, 2013). A proper roster has to be set up by the policymakers ensuring equality amongst workers. The workers should get a proper holiday and other entitlements listed under NES the head of hr needs to ensure that all these factors are not hampering productivity. Standards set by the governmental organization cannot be against the market, and proper productivity can be ensured by following them (Understanding the Fair Work Act, 2011). The employees of the organization are entitled to benefits, and if they don't get them, they are eligible to leave the company. As the head of hr, the person needs to control attrition because attrition in business suppresses its growth. The pattern and cycles of business drive and proper employment functions are set in the guidelines the hr just needs to put them in order to benefit the comp any (Towards productive and equitable workplaces, 2012). 4. Case study As per the case study, Dave the technical person who made a call to Rebecca a basic English speaking Italian for free plumbing service uses force and persuasion to sell a cooling unit offending the Australian law legislation guidelines. The unit was purchased after much persuasion and Dave made use of different forces prevented by the Australian law to sell the unit. The Ono unit purchased by Rebecca was in working condition, but she does not need it at all (Australian Law Legislation, 2016). Acts As per the depiction of this case, the nature of sell clearly falls under the enforcement of guidelines set by Australian consumer law. The Australian under provisions of Australian regulators depicts that, a seller will not be liable to pressurize the psychology of customer for buying their product and henceforth if disobeyed then according to the Act, the consumers are liable to take exemplary legal action against the seller and company which is simply depicted in this case study (Malbon and Nottage, 2013). It hereby depicts that Rebecca is in all shape to take action against Dave and his company. As per the ACCC act with depicting the protection of customers, Issue 3, terms that unfairly restricts the consumers right to terminate the contract and Rebecca can easily cancel the aforementioned contract. The case of the Richard Johnstone and Christine Parker, Enforceable Undertakings as per Australian law, seller is not liable to force the customer to purchase the product and if disob eyed then the consumer can take legal action against seller (Competition and Consumer Act 2010, 2016). Principles As per the Australian Consumer Law of section 21 a customer getting affected with unconscionable conduct and considerations could be created with the enhancements to general views of customers. Enforcement of the customers should not be undertaken while making a sale thereby making the conduct unconscionable (Nottage, 2010). The provisions made under the terms and conditions of section 3 wherein the consumer guarantees and thereby the customer gets protection under the terms and conditions of section 21. The case study of the Christine Parker, Restorative Justice in Business Regulation shows the significance of the given case study. The Modern Law review 209, considers the purchase of the consumers and legal rules are implemented to depict the views of products and enhancement are made as per the mind state depicted (Tarakson, 2007). The deceptive or misleading conduct is applied and considerations are developed with contract that seems to be constructed accordingly. References Australian Fair Work Act 2009. (2013). Sydney: CCH Australia. Australian Law Legislation, (2016).Library Guides: Australian Law Legislation: the Australasian Legal Information Institute Database (AustLII): Welcome. [online] Libguides.melbournepolytechnic.edu.au. Available at: https://libguides.melbournepolytechnic.edu.au/lawaustlii [Accessed 27 Sep. 2016]. Borgeon, M. and Cellich, C. (2012).Trade promotion strategies best practices. [New York, N.Y.] (222 East 46th Street, New York, NY 10017): Business Expert Press. Burrell, D. and McGinn, J. (2009).Cornerstone law series. [Adelaide]: Law Society of South Australia. Competition and Consumer Act 2010, (2016).Competition and Consumer Act 2010. [online] Legislation.gov.au. Available at: https://www.legislation.gov.au/Details/C2015C00327 [Accessed 27 Sep. 2016]. Engineers Australia, (2016). [online] Available at: https://www.engineersaustralia.org.au/ [Accessed 27 Sep. 2016]. Fair work, (2016).Welcome to the Fair Work Ombudsman website. [online] Fair Work Ombudsman. Available at: https://www.fairwork.gov.au/employee-entitlements/national-employment-standards [Accessed 27 Sep. 2016]. Griggs, L., Duke, A., Nielsen, J. and Cejnar, L. (2012).Competition law in Australia. Alphen aan den Rijn, The Netherlands: Wolters Kluwer Law Business, Kluwer Law International. Homburg, J. (2008).Cornerstone law series. [Adelaide]: Law Society of South Australia. Malbon, J. and Nottage, L. (2013).Consumer law policy in Australia New Zealand. Annandale, N.S.W.: Federation Press. Miller, R., Sims, R. and Miller, R. (2013).Miller's Australian Competition and Consumer Law annotated. Pyrmont, N.S.W.: Law Books. Nottage, L. (2010). Consumer law reform in Australia: Contemporary and Comparative Constructive Criticism.QUT Law Review, 9(2). Ong, D. (2007).Trusts law in Australia. Annandale, N.S.W.: Federation Press. Shaw, M. (2003).International law. Cambridge, U.K.: Cambridge University Press. Tarakson, S. (2007).The law in Australia. Port Melbourne, Vic.: Heinemann Library. Thomas, G. (2010).Cornerstone law series. [Adelaide]: Law Society of South Australia. Tony Ciro, et.al, (2014).Law and Business - Oxford University Press. [online] Oup.com.au. Available at: https://www.oup.com.au/titles/higher_ed/law/commercial__and__business_law/9780195524048 [Accessed 27 Sep. 2016]. Towards more productive and equitable workplaces. (2012). Canberra: A.C.T. Understanding the Fair Work Act. (2011). North Ryde, N.S.W.: CCH Australia. White, R. (2009).Cornerstone law series. [Adelaide]: Law Society of South Australia.