Law

Paper , Order, or Assignment Requirements

Question  1                                   20 marks   850 words

Choose an Australian engineering or other company with which you are familiar or which is of interest to you. With respect to the competition provisions in theCompetition and Consumer Act 2010 (Cth) (CCA) that you have studied in this course undertake the following:

(a)                                                     5 marks     225 words

Explain 3 strategies adopted by your chosen company towards regulatory compliance. In doing so, you will also need to comment on how this is documented in the company’s policies and/or through its website.

(b)                                                      5 marks    225 words

Discuss by providing examples how these 3 strategies promote competition in Australia by prohibiting anticompetitive conduct.

(c)                                                        10 marks  400 words

After studying the concepts and legal principles in Chapter 16  of Tony Ciro, Vivien Goldwasser and Reeta Verma, Law and Business, 4th ed, Oxford University Press Australia, Melbourne, 2014 what recommendations would you make to improve your chosen company’s management activity in competition law compliance?
Question 2                                           20 marks          850 words
Bungee World Ltd (“BW”) is located at Byron Bay, New South Wales and has the world’s highest bungee jumping platform named the Sea Monster. The steel platform is constructed over some cliffs that overlook the bay. Participants have to pay a fee of $50 and sign off on a form prior to bungee jumping from the platform. The form contains amongst other things these words:-

“The participant agrees that he/she will not hold Bungee World Ltd or its agents liable for any death or injury whatsoever or howsoever caused as a result of bungee jumping from the Seamonster.”

One day, Loki an investment banker decided to go for a jump on the Sea Monster. He pays the fee, signs the form and duly walks to the platform. Kate, BW’s professional bungee instructor meets him and gets him ready for the jump by ensuring that his legs are tied securely to the safety rope that is attached to the steel platform.

Loki a first time jumper anxiously asks Kate if this is going to be fine whereupon she assures him that in all her 10 years at BW since it began operations, she has yet to see anyone get physically injured from the jump.

Loki takes a deep breath and dives. Unfortunately, part of the steel platform that is attached to the safety rope breaks loose from the main platform. The steel structure that broke was weakened due to corrosion with the sea moisture in the air. As a result of the detachment, Loki plunges into the sea. Whilst not physically harmed, Loki claims to have suffered nervous shock due to the incident and is about to commence a negligence action against BW.

You are the manager in charge of safety operations at BW. The Board of Directors of BW has requested that you prepare a memorandum to them explaining whether there are grounds for a successful negligence action against BW and the consequences to BW. You are also required to propose recommendations as to how best to resolve this potentially damaging public relations problem. In your analysis you will need to refer to the relevant law (statutory and/or case law).

Question 3                                        10 marks                      400 words
In your own words what are the National Employment Standards? Who do these standards apply to? If you were head of human resources at an Australian engineering company, what would you need to do to ensure that your company does not contravene these standards?

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