Industrial Relations, InsuranceRisk Trade Practices Act

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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
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Presentations Schedule - Revised
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Industrial Relations
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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

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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

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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

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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

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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

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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

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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

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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.

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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.

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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.

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Thanks for your attention