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Industrial Relations, InsuranceRisk Trade Practices Act

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Title: Industrial Relations, InsuranceRisk Trade Practices Act

1
Industrial Relations, Insurance/RiskTrade
Practices Act

Legal Principles for Engineers
ELE 4EMT

George Alexander G.Alexander_at_latrobe.edu.au www.la
trobe.edu.au/eemanage
Lecture 7 16 May 2007
2
Presentations Schedule - Revised
3
Industrial Relations
4
The Regulatory Framework

Australia New Zealand, long history of
government support for union involvement
Since early 1990s, major shift toward enterprise
agreements
Growth of regulation relating to human rights,
discrimination, OHS, environmental matters
More recently, especially with a more
casualised workforce, there is a major trend
towards individual agreements Australian
Workplace Agreements AWBs.
WorkChoices legislation effective 27.03.06

5
WorkChoices - MkIhttps//www.workchoices.gov.au/o
urplan/

A single, national IR system to replace all state
systems
Workers in firms with fewer than 100 employees
lose unfair dismissal protection.
Minimum wage fixing to be transferred from AIRC
to a new Fair Pay commission.
Legislating of five minimum work conditions
Award conditions cut from 20 to 16
Small businesses allowed five years to become
incorporated
Streamlining of AWAs
The Age 22.10 05

6
WorkChoices MkII The Fairness
Testhttps//www.workchoices.gov.au/ourplan/

Applies to workers earning under 75,000 a year
Employees must receive fair compensation for
trading off
Penalty rates
Shift and overtime loadings
Monetary allowances
Annual leave loadings
Public holidays
Rest breaks
Incentive based payments and bonuses
Test will be conducted by the Workplace Authority
There will be a workplace Ombudsman

7
ALP Forward with Fairness (28/4/07)

Safety net of 10 legislated national employment
standards and simple industry awards
If a majority of employees at a workplace want a
collective agreement, employers must bargain
collectively.
Flexible working arrangements, parental leave
rules
Restore unfair dismissal protection

8
Risk Management/Business insurance (from
BusinessVictoria - http//www.business.vic.gov.au/
)

Some types of business insurance to consider are
buildings and contents insurance
public liability insurance
product liability insurance
equipment insurance, including protection against
IT system failures
legal expenses insurance for facing court
proceedings
health and life insurance for the owner/manager
transit insurance for goods
travel insurance for any trips
business income insurance
credit insurance for unpaid debts
industrial special risk (ISR) insurance

9
The Trade Practices Act 1974(from
BusinessVictoria - http//www.business.vic.gov.au/
)

prohibits unfair, unconscionable, misleading or
deceptive conduct
gives consumers certain implied guarantees and
warranties, and the right to buy goods of
acceptable quality
allows consumers injured by defective goods to
seek compensation for their injuries
allows the Commonwealth minister responsible for
consumer affairs to set product safety and
information standards
allows the minister to ban the supply of unsafe
products or order their recall

10
Examples of ACCC actions

Telstra broadband pricing
Alleged collusion to fix prices in the packaging
industry Visy and Amcor (gt 90 of Australian
cardboard production)
Amcor has gained immunity from prosecution by
revealing the alleged collusion.
Estimate of losses suffered by 17,000 businesses
in the order of 200 million
Visy chairman Richard Pratt, major benefactor to
charities and a leader in environmental issues
Refer 7.30 report 14/5/07 http//www.abc.net.au/7.
30/content/2007/s1922787.htm

11
ACCC(http//www.accc.gov.au/)Refer Know how to
complain

The ACCC promotes competition and fair trade in
the market place to benefit consumers, business
and the community.
Its primary responsibility is to ensure that
individuals and businesses comply with the
Commonwealth competition, fair trading and
consumer protection laws.
As well as education and information the ACCC
recommends dispute resolution when possible as an
alternative to litigation, can authorise some
anti-competitive conduct, and will take legal
action when necessary.

12
NOTE LECTURE PLANNING

This is the final legal principles lecture.
Business case presentations commence Tuesday,
May 22 refer revised schedule.
Make sure that all files are sent to me prior to
your presentation.

13
ELE4EMT Exam Overview

June 19, 2pm in Aglab, RL Reid Room 233 (but
check)
2 hr exam
35 of overall unit assessment a hurdle
4 questions 3 marketing, 1 legal
Similar in structure to last years exam
Be prepared to answer questions on certain
aspects of your business plan
A good understanding of your assignment will be
helpful. (Ill aim to have marked by June 11).
Will post revision lectures on web by June 1.
Contact me if you have any questions.

14
Thanks for your attention

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