Question 1
Choose an Australian engineering(HOLDEN OR BHP OR VIRGIN) 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(For this purpose I have uploaded the course slides)
Make sure whichever company, you select you have sufficient and authentic data fo that. Make sure the answers are interactive and relevant.
(a) 5 marks
Explain the strategies adopted by your chosen company towards regulatory compliance and how this is documented in the company’s policies and or through its website.
(b) 5 marks
Comment on the extent to which the competition law compliance strategy reflects and promotes legal literacy and awareness throughout the organisation.
(c) 10 marks
After studying the concepts and principles in Chapter 5 of Griggs (2009) and Chapter 18 of Davenport & Parker (2012) what recommendations would you make to improve your chosen company’s management activity in competition law compliance?
Question 2
Mrs Affleck recently purchased a cafe from Radaburn Pty Ltd. As part of the negotiations the Chief Financial Officer of Radaburn sent emails to Mrs Affleck making representations both in relation to the profit in the previous financial year and projected profitability of the cafe for the next 3 years. However, subsequent investigation of the historical accounts revealed that the figures for the previous financial year were grossly overstated and the projections were arguably fanciful numbers concocted by the Chief Financial Officer in order to induce Mrs Affleck to purchase the cafe. Furthermore, after having now operated the cafe for a period of six months, Mrs Affleck has realised that the information contained in the emails from Radburn’s Chief Financial Officer were in fact false (this has been established by the discovery of a series of source documents which were located on the premises in a locked cabinet).
Required
(a) 15 marks
Advise Mrs Affleck of what rights and remedies might be available to her as a result of the conduct of Radaburn Pty Ltd and its Chief Financial Officer under the consumer protection provisions of the Competition and Consumer Act 2010 (Cth) (CCA) and as found in the Australian Consumer Law (ACL) in Schedule 2 of the CCA.
Note: In your answer you must discuss relevant sections of the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth) and related case law, as appropriate.
(b) 5 marks
Discuss the role of the Australian Competition and Consumer Commission (ACCC) in relation to Mrs Affleck seeking to enforcing her rights and secure remedies which you have indentified in part (a) of this question.
Question 3
‘The whole point of the move from the centralised system of bargaining at the enterprise level was to get employers and unions dealing with each other face-to-face and responding to their workplace’s particular circumstances, rather than the old game of unions pulling on a strike to oblige the referee to intervene and impose a compromise.’
Discuss the above statement with respect to the functions and purpose of ‘Fair Work Australia’. In light of the above statement, comment on the strategies adopted by the company you analysed in Question 1 to managing the employment relationship.
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