regulatory

Research and comply with regulatory requirements

 ASSESSMENT 1

Research the regulatory requirements that would apply to the business

In the current business environment, to run the business in the hospitality sector, an organization must follow all the legal guidelines. It helps the company to overcome the various issues and develop the strong brand image in the market. In the concern of this,

Anti-discrimination Law

Anti-discrimination, especially provisions for equal employment opportunity (EEO) and harassment is a significant area where company should concern. It decreases the issue of the biasness in the company among the employees on the basis of the employment opportunity. Under this, the new business firm as the restaurant and hotel will provide the equal opportunity to the employees that will be hire for operation activities.

Objective

The main aim of the application of this Anti-discrimination law is to maintain the working environment as the free from all from of unlawful discrimination and harassment. It also has an objective to maintain to assist members of EEO groups to overcome past or present disadvantages. In other words, it helps to maintain the equal employment opportunity for each employee at the work place.

Key practices prohibited by law

This law is also helpful to prevent the discrimination among the employees on the basis of the color, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

At the same time, it also bounds the employer to adverse actions including dismissing an employee. The main benefit of the EEO is that it provides strengths to the employees to on altering an employee’s position to their detriment. Under this law, employees at the workplace will be helpful to maintain their positive concern during the incident at the workplace.

Furthermore, EEO also helps the employees as suggesting the specific action on discriminating between one employee and other employees (Pedriana & Stryker, 2017).

Contracts (Australian Consumer Law)

Australian Consumer Law (ACL) – Furthermore, Australian Consumer Law will also be adopted by the company in the hospitality industry. It will help the customers and protect their right in the market. It defines the clears principles and rights of the customer regarding the returns, exchange and cancellation (Salman et al., 2014). The main aim of Australian Consumer Law is to protect the consumers.

Key Objectives

The tern contract is a kind of the legal term in the business environment. Contract represents the voluntary agreement between the parties of the agreement. It is kind of the written document that contains all the terms and conditions that both parties are enforceable by law.

Key practices prohibited by law

Under Australian consumer law, the company and its employees do not disclose the upfront payment or price to the consumers. In this, it is essential to share the information in the various terms and conditions of contract prior to signing.

Employer superannuation contributions

At the same time , when the company is operating the business at the large extent then it is essential for the organization to consider the employer superannuation. The company should consider for making the contribution for the employer superannuation.

It will help the company to make create the value among the employees. By the help of the contribution in the employee superannuation, company gets the benefit in the taxation liabilities because contribution in the employee superannuation is tax deduction (Ruiter & Warnier, 2011).

Key Objectives

  • To provide the guarantee to the employees on the adequate superannuation
  • To determine the future growth policy of the company for employees

Key practices prohibited by law

Superannuation has become the essential part of the company. This act or law determines the policies and rules on the superannuation of the employees in the company. Under this law, various things are considered such as late payment, return rate and time period.

Fair Work Act 2009

It is also essential for the company to concern on the fair work act 2009 that is an Australia law. It is also associated the employment contract that enables the company to conduct the fair employment policies at the work place. It determined the some standard in the Australia that is essential for the organization that working in the organizational law of Australia.

Key Objectives

  • The main objective of the fair work act 2009 is to protect the minimum working standard for employees.
  • Fair Work Act 2009 also has an objective to educate employees the minimum employment standard.

Key practices prohibited by law

The fair work act 2009 in Australia concerns the practices for providing the least and minimum wages to the labor. This law has developed the significant standard for the payment of the wages of the employees. It also involves the paying superannuation to the employees.

Local community protection / Environmental protection

At the same time, operating in the hospitality industry, there are also some social responsibilities of the company. A proper consideration towards social responsibility helps the company to avoid the social issue.

As doing the business in the communities, it is essential for a company to increases the value of the brand. Beside of this, an effective consideration of the community protection improves the brand image of the company in the market (Emanuel & Menikoff, 2011). In Australia, companies are liable to spend the some money on the community protection and development.

Key Objectives

The local community protection law in the Australia has an objective to protect local environment where the company is doing business. It also has an objective to maintain the lifestyle of people that are part of the business environment.

Key practices prohibited by law

Local community protection/Environmental protection law in Australia is helpful for the organization in order to protect the termination of the unlawful reason to the employee. It also prevents the unauthorized disposals of hazardous materials in the organization.

Taxation

Moreover, it is also found that taxation is one of the legal liabilities of the company. It is not mater in which Sector Company is operating. Income is liable on the net profit earned by the company in the current financial year. In Australia, the taxation related activities in the countries are undertaken by the Australian Taxation Office.

Key Objectives

The main objective of Australian taxation law is to collecting revenue and administering the goods and service tax in the business. It also focuses on application of the range of programs that result in transfer and benefit back to the community.

Key practices prohibited by law

Under the key practices prohibited by law, it is found that the financial record of the company should be clear. At the same time, the cash receipt should be maintained effectively in the organization.  In the taxation law, the payment to the employees as the cash is avoided.

Public liability and duty of care

In the business environment, Public liability and duty of care is a part of the law. It is based on the civil wrongs. It is reasonably foreseeable by another party. A business has to face some king of the legal issue due to breach of the contact that the cost is called as the duty of care. It is also related to the work health and safety.

Key Objectives

  • The main objective of this law is to ensure the employees regarding the health and safety
  • To provide and manage the training and development program to the employees on the WHS practices
  • To protect the individual in the organization regarding the financial event of injury caused by a faulty
  • To help the organization to adopt the significant steps to ensure the safety of the employees

Key practices prohibited by law

This law focuses on providing the safe and health workplace. During the joining of the employee all the health and safety policies are communicated. The main focus is to provide the training to the employees on the WHS issue and equipments. It is helpful for the employees and organization to conduct safe practices to improve the organizational performance. This law also helps the employees as proving the strength as applying the safety of consumers or individuals using premises or goods.

Workers’ compensation, especially provisions for injury reporting and occupational rehabilitation

A business contains the uncertainty that is why some time the company has to face health and safety issue in the reference of the employees (Prayle et al., 2012). During the opening the new business in the hospitality industry, the company is also required to focus on the principle and standard that should be apply in the organization. It will help the company to remain safe from the serious issue in the context of employees’ health and safety.

Key Objectives

  • To apply the faire compensation policy for the employees and labor
  • To protect the rights of the employees in the organization
  • To protect the employee from the different situation of the injury
  • To improve the performance of the company

Key practices prohibited by law

Worker compensation is based law that is established as concerning of the employment law. In this WIRC act covers the subject related to employees’ salary and compensation, return on work and self insurance etc. The application of this act also applies on the employee working hours and duties to assts in getting an injured worker back to work.

Copyright Act 1968

The Copyright Act 1968 is a kind of the law of Australia that define right of a person regarding its innovation and creatively. It also protects the person regarding copyrights issue in the legal manner with focusing on the Australian law. In order to run the business, the new hotel and restaurant chain will also develop the compensation policies with concerning the minimum labor rate in the country. It will also develop the effective and strict policies regarding the employees’ injury at work and incentive and bonus policies.

Key Objectives

The main objective of this law is to protect the individual for the intellectual property embodied in the organization. It also protects the rights of the work and individual in the organization behavior.

Key practices prohibited by law

This law applies on the literary works, dramatic works, musical works and artistic works. However, this law does not apply on the operation of the law relating to breaches of trust or confidence.

In the business activities and other essential activities, it is effective know the meaning and importance of the copy right in the each type of work. This act provides the strengths to the rights of the innovation of the person and literature.

Food safety / Food Standards Australia New Zealand Act 1991

Due to this business is going to open in the hospitality industry then it is essential for company to concern on the food safety and food standard Australia New Zealand act 1991 (Etter et al., 2011). In Australia, it is must for a company of the hospitality industry to follow the food safety and its related standard to deliver the best product and service to the customers. The overlook of these standards in the hospitality industry can become the cause of legal issue on the company.

Key Objectives

  • Improve the quality of the consumer goods
  • To apply an effective, transparent and accountable regulatory framework in the food and beverage industry
  • The provide the adequate information to the customers t
  • To improve the health of the people

Key practices prohibited by law

Under the Food safety / Food Standards Australia New Zealand Act 1991, companies are highly required to follow the standard. Companies that are engaged in this industry should follow the interpretation of the food and safety standard in the organization. This act also involves the some essential criteria regarding the food safety in the industry. Under this act, the government of Nez Zealand and Australia are working together. They developed the some significant rules under this act related to the ingredients, processing aids and colorings, additives, vitamins and minerals.

Liquor licensing,

In the most of the hotels and restaurant, it can be seen that hotel brand have the appropriate licensee of selling the liquor and alcohol product. It is a legal crime in Australia to sell the liquor and alcohol without the appropriate license.

In the hospitality industry, it is really essential for an organization complete the all the regulatory requirement in order to run the business smoothly. It is because a small negligence of the company can create the big issues (Silberman & Kahn, 2011).

Key Objectives

  • To prevent the illegal activities and crime
  • To provide the safe to the public
  • To protect the children from the harm full impact of the alcohol

Key practices prohibited by law

This rule is related to the responsible service of alcohol. In Australia, there is alcohol law that is followed by entities want to sales the liquor products. Alcohol laws of Australia regulate the sales and consumption activities in the country. In Australia, a person over the 18 years age is allowed to Vote, drink and drive that show that the drinking age is 18 years in Australia.

Privacy Act 1988

Moreover, another significant regularity for a company is secrecy of the sensitive information. In Australia, in the context of the business firm privacy act 1988 is applicable that regulates the handing of the personal information about individual.

Key Objectives

  • The main objective of this act is to handle the organizational information in the effective manner.
  • To support the personal identity of the organization and individual in the organization

Key practices prohibited by law

Under the privacy act, the law is also said that government of the Australia has the right to know all the sensitive information of the company. For this, no one company can hide their information by the government. The principles of the privacy act are applied on the company in the effective manner and companies in Australia are liable to follow this act.

The government of Australia collects the information by the companies for the different purposes. However, this act does not consider the protection of the personal information. For this, companies’ activities are liable to protect the personal information of the employees.

ASSESSMENT 2

Areas Policies
Incident and accident reporting ·         Development of the procedure statement

·         Persons affective

·         Definition of terms

·         Responsibility

·         Procedures

·         Reference documents

 

 

Workplace Safety Consultation including Health and Safety Representatives

 

·         Communication with the each department and person

·         Listen their views and understand their needs

·         Disccsu the apporipriate ways for sultuion

·         Identify haward and overcome risk

·         Develop the polcies

·         Impmentation of the policies

Employer superannuation contributions

 

·         Set the goals and objectives

·         Collect the information and summary and record of information

·         Pay the super stream way

 

Refunds and exchanges

 

·         Develop the needs of the eachnge and return poicly

·         Collect the information on the reason of restun and exchange

·         Allow the customer to complete the return and exchange process withing

·          Developed standanrd in the organization

·         Update on the organizational system

 

Copyright (relating to showing or streaming audio or visual media within restaurant)

 

·         Internal property of the law

·         Uniqueness of the logo

·         Uniqueness of the rights

 

 

Payroll

 

·         Calculation of the salary

·         Incentive and bonus

·         Employment information

·         Working hours

·         Time off

·         Salary and wages

·         Overtime pay

·         Fringe benefit

 

 

 

 

 

(Butler, 2011)

 

ASSESSMENT 3

Area Policy Explanation  Responsible department and person Strategies
 

 

 

 

 

Incident and accident reporting

Development of the procedure statement

 

Aim and objective will be developed Head of Incident management (IcM) Specific events will be determined related to event
Persons affective

 

Name of person who has affected Head of Incident management (IcM)
Definition of terms

 

Explanation of event Head of Incident management (IcM)
Responsibility Responsible person for clear the issue Head of Incident management (IcM) The principle and standard will be apply
Procedures

 

Procedure to get solution and compensation Head of Incident management (IcM)
Reference documents

 

Essential documents Head of Incident management (IcM)

Area Policy Explanation  Responsible department and person Strategies
 

 

 

 

 

 

Workplace Safety Consultation including Health and Safety Representatives

 

Communication with the each department and person

 

Meeting will conducted for OHS Organizational Health and safety authority Needs of consideration on the each person requirement
Listen their views and understand their needs

 

Information will be collected on OHS Organizational Health and safety authority
Discuss the appropriate ways for solution Possible solution and improvement discussed Organizational Health and safety authority To minimize the hazard from the workplace
Identify award and overcome risk Awarding and risk will be determined Organizational Health and safety authority
Develop the policies

 

 

Policies will develop for award and risk Organizational Health and safety authority
Implement of the policies The developed policies will implement Organizational Health and safety authority

Area Policy Explanation  Responsible department and person Strategies

 

Employer superannuation contributions

 

Set the goals and objectives

 

Determine the important goals and objective for implement the employee superannuation Human Resource manager To establish the bright future of employee
Collect the information and summary and record of information

 

Collect the information and summary and record of information

 

Human Resource manager The procedure will be unique and cover each criteria
Pay the super stream way

 

Pay for the employee superannuation policy Human Resource manager

Area Policy Explanation  Responsible department and person Strategies

 

 

 

 

 

 

 

Refunds and exchanges

 

Develop the needs of the exchange and return policy

 

Company will recognize the needs of customer for change and return Department of consumer law A time period will be determined for return and exchange
Collect the information on the reason of return and exchange

 

In this, reason of the change and return will be identified Department of consumer law
Allow the customer to complete the return and exchange process Under this, a policy developed, under this customer will allow Department of consumer law A policy or procedure will developed to disconfirm the booking
Development  standard in the organization

 

Some significant standard will be developed of change and return Department of consumer law
Update on the organizational system

 

Strategy for updating the organizational system Department of consumer law

Area Policy Explanation  Responsible department and person Strategies

 

 

 

 

Copyright (relating to showing or streaming audio or visual media within restaurant)

 

Internal property of the law

 

It includes the aim and objective of taking the copyright Management and board member The tag line will be develop
Uniqueness of the logo Logo represents the brand and firm so it will be unique Management and board member Restaurant chain will follow each process effectively
Uniqueness of the rights

 

The rights related to logo will be also unique Management and board member

Area Policy Explanation  Responsible department and person Strategies

 

 

 

 

 

 

 

 

 

 

 

 

Payroll

 

Calculation of the salary

 

It includes the calculation of the basis salary Personal department head  

 

 

Every employees in the firm will be under the payroll

Incentive and bonus

 

It represents compensation against the ordinary performance of the employee Personal department head
Employment information

 

It contains the basis information of the employees Personal department head
Working hours

 

It defines how much time employee will work Personal department head  

 

 

 

 

The Restaurant chain will focus on the Australian common payroll system for the organization

Time off

 

It represents the working off Personal department head
wages

                         

It determines direct and indirect wages Personal department head
Overtime pay

 

It defines the organizational overtime pay Personal department head
Fringe benefit

 

It represents the extra benefit of the employees by company Personal department head

ASSESSMENT 4

APRA AMCOS Application

(Apra Application Form, 2018)

Liquor License Application

In order to take license for Liquor, the owner of BD Corp Eatery Pty Ltd can follow the below steps:

  • Visit on the Australian Business Licence and Information service (ABLIS)
  • Click on the licence type (here, Billy Bobington can get all the information for license)
  • Fees and charges are clearly mentioned on the ABLIS page
  • After the get the application form, Billy Bobington can select the adverting place for run business
  • After this Office of Liquor and Gaming Regulation (OLGR) will check ability of Billy Bobington for license.
  • In the completion of overall process and get the license, 4-6 months can consume (Business Requirement, 2018).

References

Apra Application Form (2018). APRA AMCOS Australia. Retrieved from: https://www.google.co.in/search?q=APRA+AMCOS+Application&oq=APRA+AMCOS+Application&aqs=chrome..69i57.32022j0j1&sourceid=chrome&ie=UTF-8

Business Requirement (2018). Business Queensland: Application process for new liquor licences Retrieved from: https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/liquor/licensing/applications/process

Butler, T. (2011). Compliance with institutional imperatives on environmental sustainability: Building theory on the role of Green IS. The Journal of Strategic Information Systems20(1), 6-26.

Emanuel, E. J., & Menikoff, J. (2011). Reforming the regulations governing research with human subjects.

Etter, J. F., Bullen, C., Flouris, A. D., Laugesen, M., & Eissenberg, T. (2011). Electronic nicotine delivery systems: a research agenda. Tobacco control20(3), 243-248.

Prayle, A. P., Hurley, M. N., & Smyth, A. R. (2012). Compliance with mandatory reporting of clinical trial results on ClinicalTrials. gov: cross sectional study. Bmj344, d7373.

Ruiter, J., & Warnier, M. (2011). Privacy regulations for cloud computing: Compliance and implementation in theory and practice. In Computers, privacy and data protection: an element of choice (pp. 361-376). Germany: Springer.

Salman, R. A. S., Beller, E., Kagan, J., Hemminki, E., Phillips, R. S., Savulescu, J., … & Chalmers, I. (2014). Increasing value and reducing waste in biomedical research regulation and management. The Lancet383(9912), 176-185.

Silberman, G., & Kahn, K. L. (2011). Burdens on research imposed by institutional review boards: the state of the evidence and its implications for regulatory reform. The Milbank Quarterly89(4), 599-627.

Pedriana, N., & Stryker, R. (2017). From Legal Doctrine to Social Transformation? Comparing US Voting Rights, Equal Employment Opportunity, and Fair Housing Legislation. American Journal of Sociology123(1), 86-135.

 

 

 

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