Discuss about the Innovation Efficiency, and Section.
The Australian Engineering firm which is of great interest to me is that of AECOM Australia Pty Ltd. This is an engineering firm that was previously known as AECOM Technology Corporation (Beaton-Wells and Tomasic 2012). Among the top Australian Engineering companies’, it is regarded as multinational company that offer provisions in of design, construction, consultation and management of services to a good number of clients across the globe.
Three strategies adopted by the company in question towards regulatory compliance with respect to the competition provisions in the Competition and Consumer Act 2010
The competition provisions in the Competition and consumer Act of 2010 is mainly concerned with matters of market relation. It mentions the relationship that exists between key players in the business domain (Colloff et al 2016). The key players covered in this Act in question includes; retailers, suppliers and consumers. Its main purpose is to enhance the welfare of Australians citizens by ensuring the promotion of fair trading as well as competition through the provision of consumer protection.
On the same note, there are a number of strategies that have been adopted by AECOM Australia Pty Ltd towards compliance of the subject provision (Dagen 2010). These strategies are mainly meant to ensure peaceful co- existence and promotion of the welfare of Australian citizens. These strategies include the following; proper pricing, best framework management and reporting and finally developing a more highly skilled workforce. The strategies in question are documented in the companies’ policies mainly for purposes of ensuring check in the framework of its operations.
Discussion and provision of examples on how the strategies in question promote competition in Australia by prohibiting anticompetitive conduct
The first strategy that has been mentioned in the previous paragraph in line with the context is on proper pricing. Proper pricing is one of the greatest strategies that have been adopted by AECOM Australia Propriety Limited to ensure balance in the competitive market (Dellavedova and Gilsenan 2009). The prices of services offered by this company are not over estimated or under estimated. This has ensured compliance with the competition provisions Competition and Consumer Act of 2010 that closely monitors the market environment.
The second strategy is on best framework management. Every company across the globe must have its operations under certain framework. The framework can either promote fair competition or it can lead to anti- competitive practices. AECOM has therefore adopted a framework that ensures that competition is not ignored but taken care of on a competitive basis. The frame work ensures that the company has fully complied with the provisions of the competitive Acts in context and leaves both government and the consumer at peace, and even other competitors in the business world.
Finally, the last strategy is on the development of highly skilled work force. In order for the company to compete well without engaging in any anti- competitive role, it is vital for it to have highly skilled workforce. This is a major step that the company has taken, and the current estimate done with regards to its skilled personnel is at 95,000 skilled employees. The mentioned skilled workforce has ensured that they have offered best deliveries in terms of services and their competition rank has also gone up thereby owning ranking amongst the top engineering companies in Australia.
Recommendations that I would make to improve management of AECOM Australia Propriety Limited Company with regards to both competition law compliance and legal principles in chapter 6 of Tony Ciro, Vivien Goldwasser and Reeta Verma
The concept of competition law compliance just as mentioned previously is covered in the competition provisions of in the Competition and Consumer Act of 2010 (Flint 2005). On the other hand, the concept of legal principles in chapter 6 of Tony Ciro, Vivien Goldwasser and Reeta Verma, the edition being 4th, Oxford Press Australia, Melbourne and finally the year being 2014 is mainly concerned with the concept of both law and business. The chapter provides clear and very comprehensive grounding in all phases of business law.
The chapter also touches on core topics of business law with accessible explanations of a number of key legal principles. With the explanation discussed withstanding, there are a number of recommendations that I would make to improve the management activities of the company in question (Formella 2001).
These recommendations include the following; introducing policies that ensures the safety of company products as well as their labeling. This is one of the recommendations that will ensure that will ensure that, compliance with competition law because all the products are well labeled and original (Haines and Gurney 2006).
The other recommendation in line with the subject would be on acquisition of various market promotional services that are in line with the question requirement. This will ensure that both the concept in of the individuals in question with regards to law and business and the provisions of law compliance are taken care of. It will also ensure that most of the company operations are not infringing the competitive domain but rather promoting fair competition (Hatton et al 2011). Since the company deals in matters that are design related, construction, consultation and finally management services, it will ensure that most of its market promotional activities are aimed at increasing its overall output in every financial year.
I would also consider the recommendation on the adoption of an information system that will ensure that business and law are given keen consideration and compliance with competition provisions are considered. The main information system that I would recommend is that of decision making system, it will allow the company to bring on board a number of considerations prior to making any decision (Helman 2009). It will also allow the company to give keen considerations to the guiding rules and principles of the subject concept that is of the three individual’s in concept Oxford Press, 4th Edition, Melbourne University 2014.This will help the company cultivate an environment that is considered fair especially in the business world. The end result of the recommendation is to see the company at the top of other companies’ based on merit.
This question is about a world limited by the name Bungee World Ltd (‘BW’) which is located at a place known as Byron Bay, New South of Wales (Johnstone and Sarre 2004). It is mentioned that it owns the top highest jumping platform in the world named sea monster. The platform is mainly made of steel and its construction is made over some cliffs that directly overlook the bay. Courtesy of this, a number of people have been attracted and they have to pay a sum amount of $ 50 and also ascent to a form prior to jumping from the platform.
The form is outlined to be very detailed but there is a particular sentence that is of great importance since it separates the participant and Bungee World Limited in case of any consequences. The sentence is quoted to mention that the participant agrees that he or she will not at any point hold Bungee World Ltd or its agent responsible for either death or injury whatsoever or however that may arise as a result of jumping from the sea monster.
An individual by the name Loki is mentioned as an investment banker who decides to go and jump on the sea monster like other people usually do and therefore follows all the due procedures. He then receives instructions from one Kate who is one of the instructor professionals in Bungee; Loki gets ready after doing the necessary and jumps unfortunately the steel platform that is attached to the safety rope breaks loose from the main platform. As a result Loki plunges into the sea, though not physical injury is experienced by him, he claims to have suffered nervous shock due to the incident and therefore plans the commencement of a negligence actions against Bungee World Ltd.
A memorandum to the Board of Directors of BW on whether there are grounds for a successful negligence action against BW and consequences to BW.
On the grounds that the legal definition of negligence is the conduct that falls below the rank of the behavior or character established by law for protection of other individuals against unreasonable risk of harm, on the same perspective, the statutory concerns requires that a person who acts negligently under the mentioned terms is liable for provision consequences on the basal ground.
It is therefore with this confident that I affirm to the board of directors that in deed there are successful grounds of negligence action against BW and therefore consequences should be in hand. According to the provisions of chapter 16 of the Australian constitution, the same has been supported under tort and negligence related cases. The negligence of BW is on the fact that they don’t do regular check up to the whole system of the cliff and the platform. If incase they were doing this, they would have noted the corrosion that was in the area o attachment of the steal platform and the safety rope. It is because of this that the steel structure broke making Loki to plunge into the sea and suffering nervous shock (Karpouzoglou, Dewulf and Clark 2016).
On the same view, the law is very clear, and the legal concerns and statutes also clearly outlines key areas that needs to be looked upon in order to safeguard instances that may arise from negligence. Making an ascent to a form is not the end of protection cover as Bungee World could have perceived it. It would be better if the ascent is made on the grounds on security cover rather than what has been vividly observed in question three of this particular task.
Meaning of National Standards and who they apply to
National standards are the employment entitlements that are a required to be provided to the employees. These entitlements must be in line with the goodness of the employees’ well being in order for them to work effectively. In most cases, the standards in question usually includes the following; maximum weekly working hours, arrangements on working hours that are flexible, considering the aspect of annual leaves, giving long service leave before resuming for work, the acknowledgement of a working system that is fair, giving leave on holidays that are considered public, in case of termination and redundancy pay, a notice is considered and also offering parental leave among other entitlements. It is clear that the second part of the question has already been answered as well because the mentioned national standards have greatly touched on employees’ related cases (Siebentritt, Halsey and Stafford-Smith 2014).
It is thus clear that national standards mainly apply to two parties of which one has already been mention that is the employees (Ravenell 2008). The other party that it must also apply to is the employer; this is pegged to the reason that the fulfillment of these standards the two has to be brought into the picture.
What I would do to ensure that my company does not contravene these standards if I was the head of Human Resource in Australian Engineering Company
The main thing that I would do, is to draft down all the standards and incorporate them among the company’s policies and framework. This would ensure easy adoption of them and familiarization and they become part and parcel of the company. What should also be noted is that the welfare of employees is a very key area that must be considered well just as provided in the national standards.
This question is about one Rebecca who is considered elderly and lives by herself in a place called Brisbane. It is mentioned that over the recent past she migrated from Italy. One day she receives a random call from Dave who is a representative a plumbing company who made an offer to do plumbing check to her home. She agreed to it and on the next day, the check was done and Dave confirmed her plumbing as being in good shape. On the same note, Dave came up with a new suggestion of Ono water filter that was going to be more beneficial due to its latest reverse osmosis technology.
Due to intense persuasion by Dave, Rebecca agreed to purchase the Ono water filter which was being sold at $ 2000 including installment. Rebecca then proceeded to sign a contract of purchasing the water filter in context. The concern of this piece is that, Rebecca was not prepared to buy to the Ono water Filter but bought it due to persuasion.
Advice to of Rebecca of her rights and remedies under the unconscionable conduct provisions including section 21 in the Australian Consumer Law
Unconscionable conduct as provided in the subject provision mainly deals with transactions that are carried out between dominant and parties who are weaker. It therefore revolves around duress and the influence that is considered undue.
The first advice that I would offer to Rebecca is that, based on the section 21 on unconscionable conduct is that she has got the right of maintaining her stand whatsoever the case. Therefore, the conduct of Dave is supposed to be considered against the law and should be treated with contempt. Rebecca has got the right of going to court and challenging the transaction that occurred between her and Dave. On the same aspect, she is suppose to mention that, the Ono water Filter that was sold to her is of no use however efficient it is. The second part of this advice therefore takes the part of remedy with regards to the question (Gupta 2014).
The final advice that I would also add to Rebecca is to consider laying priority in future where it is due (Zoeteman 2013). Like in this case, she bought the Ono water filter yet it was least of her priority. Her plumbing was confirmed as being in good condition she could still utilize them well.
References
Beaton-Wells, C. and Tomasic, K., 2012. Private enforcement of competition law: Time for an Australian debate. UNSWLJ, 35, p.648.
Colloff, M.J., Lavorel, S., Wise, R.M., Dunlop, M., Overton, I.C. and Williams, K.J., 2016. Adaptation services of floodplains and wetlands under transformational climate change. Ecological Applications, 26(4), pp.1003-1017.
Dagen, R., 2010. Rambus, Innovation Efficiency, and Section 5 of the FTC Act. BUL Rev., 90, p.1479.
Dellavedova, B. and Gilsenan, R., Challenges in Cartel Class Actions’(2009). University of New South Wales Law Journal, 32, p.1001.
Gupta, A., 2014. The New Nexus. Flint, I.2005, Regent Decision.
Formella, J.A., 2001. Torts-Liability of a Business Visitor for Negligence. Marquette Law Review, 34(4), p.289.
Gorddard, R., Colloff, M.J., Wise, R.M., Ware, D. and Dunlop, M., 2016. Values, rules and knowledge: adaptation as change in the decision context. Environmental Science & Policy, 57, pp.60-69.
Haines, F. and Gurney, D., Section 1 2006: Regulatory conflict and regulatory compliance: the problems and possibilities in generic models of regulation. Regulation: Enforcement and Compliance, p.10.
Hatton MacDonald, D., Bark, R., Garrick, D., Banerjee, O., Connor, J. and Morrison, M., 2011. Multiple benefits through the life cycle of the basin plan.
Helman, P., 2009. Droughts in the Murray Darling Basin Since European Settlement. Griffith University: Southport, Queensland.
Johnstone, R. and Sarre, R., 2004. Regulation: Enforcement and Compliance (Vol. 57). Canberra,, Australia: Australian Institute of Criminology.
Karpouzoglou, T., Dewulf, A. and Clark, J., 2016. Advancing adaptive governance of social-ecological systems through theoretical multiplicity. Environmental Science & Policy, 57, pp.1-9.
Matthews, C., 2005. Sea Level Rise and Climate Change: Implications for the Coorong and Lakes Alexandrina and Albert Ramsar Site: a Preliminary Investigation. Department for Environment and Heritage.
McCarthy, M.M. and Cambron-McCabe, N.H., 1987. Public school law: Teachers’ and students’ rights. Publication Sales, Allyn and Bacon, Longwood Division, 7 Wells Avenue, Newton, MA 02159 (Order No. H04898; $30.95)..
Owen, D., 2014. Products Liability Law, 3d (Hornbook Series). West Academic.
Sanderson, T., Hertzler, G., Capon, T. and Hayman, P., 2016. A real options analysis of Australian wheat production under climate change. Australian Journal of Agricultural and Resource Economics, 60(1), pp.79-96.
Scholz, J., Enforcement Policy and Corporate Misconduct: The Changing Perspectives of Deterrence Theory’ (2007). Law and Contemporary Problems, 60, p.253.
Siebentritt, M., Halsey, N. and Stafford-Smith, M., 2014. Regional climate change adaptation plan for the Eyre Peninsula. Prepared for the Eyre Peninsula Integrated Climate Change Agreement Committee.
Ravenell, T.E., 2008. Cause and Conviction: The Role of Causation in Sec. 1983 Wrongful Conviction Claims. Temp. L. Rev., 81, p.689.Timbal, B., Abbs, D., Bhend, J., Chiew, F., Church, J., Ekström, M., Kirono, D., Lentomn, A., Lucas, C., McInnes, K. and Moise, A., 2015. Murray Basin cluster report: climate change in Australia. Projections for Australia’s natural resource management regions.
Zoeteman, B.C., 2013. What is behind the leadership shift in sustainable development from politicians to CEOs?. Environmental Development, 8, pp.113-130.
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