Advantages of Doing Business in Different Australian States in Respect of Different Changing Aspects of Business Law

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This dissertation focuses on investigating the advantages of doing business in different states of Australia as per the Acts of Business Law of Australia. It includes a literature review on the concept of business law in Australia, the necessity of business law, adoption of changing law in business, and the impacts of business law on different states of Australia.

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ADVANTAGES OF DOING BUSINESS IN DIFFERENT
AUSTRALIAN STATES IN RESPECT OF DIFFERENT
CHANGING ASPECTS OF BUSINESS LAW
1

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Acknowledgement
I would like to show my thankful to my professor for helping me to conduct this dissertation. I
am also very thankful to my professor for appending me the concept of business law and also in
the context of Australian change in business law. Furthermore, I shall be grateful to professor for
supporting me and giving motivation while conducting this dissertation. I would like to show my
gratefulness to my college as they have given me the opportunity for conducting such research,.
Along with this, I also want to thank to my principle to give me the scope of conducting the
systematic task with a proper guideline. As for this reason, I have able to complete the work with
less error and with more findings that help me to continue with my study in future. At the end, I
must thank to my friends and family for supporting me in my academic work and provide me
time for creating my future progress.
Heartfelt thanks and warmth wishes
Yours sincerely
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Abstract
In the first chapter, an introduction to the study has provided with a background. This is followed
by the provision of research aim and objectives along with the research rationale. Therefore the
rationale helps to identify that the modified laws are even more impactful for the businessman
and consumers. Thus this study will try to establish more advantages of using business laws in
different parts of Australia.
In the second chapter, the review of literature has done. In that, the concept, necessity, and
impacts of existing and modified laws for the benefit of different organisations have discussed. It
has proceeded through a conceptual framework.
In the third chapter 3, research methodology has discussed. For the present study mainly the
secondary qualitative research has been used. Along with that different research approaches,
philosophy and data collection, sampling or other details have also discussed in brief. This is
ended with the provision of an overall summary of the chapter.
The fourth chapter is an important aspect of this study where case studies from a different
province of Australia regarding business laws have discussed. A detailed analysis has attempted
based on the study findings. The findings of this analysis help to identify Western Australia
changes of entitlement for casual and part-time employees, Origin of food labelling in Southern
Australia and Data Breach Changes. Along with that, it also helps to detect updates to the
National Privacy Act in Victoria, National Minimum wage in Tasmania and Single Touch
Payroll in Queensland with an analysis on Fees and gift card expiry dates in New South Wales.
Based on the overall discussion, in the last concluding fifth chapter, a SMART recommendation
has provided along with a future scope of the study and literature gap of the present study. Thus
as a concluding statement, it can be said that following of all the legal aspects from buyers and
sellers point of view could help them to protect each other's dignity.
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Table of Contents
Chapter 1: Introduction....................................................................................................................6
1.1 Introduction............................................................................................................................6
1.2 Background of the Study........................................................................................................6
1.3 Research Aim.........................................................................................................................7
1.4 Research Objectives...............................................................................................................7
1.5Research Questions.................................................................................................................7
1.6 Research Rationale.................................................................................................................7
1.7 Structure of the dissertation...................................................................................................9
1.8 Summary..............................................................................................................................10
Chapter 2: Literature review..........................................................................................................11
2.1 Introduction..........................................................................................................................11
2.2 Conceptual Framework........................................................................................................11
2.3 Concept of business law in the business of Australia..........................................................12
2.4 Necessity of business law for running or starting business.................................................13
2.5 Adoption of changing law in the business...........................................................................15
Chapter 3: Research Methodology................................................................................................19
3.1 Introduction..........................................................................................................................19
3.2 Research Outline..................................................................................................................19
3.3 Methodology........................................................................................................................20
3.4 Gantt Chart...........................................................................................................................24
3.5 Summary..............................................................................................................................24
Chapter 4: Findings and Analysis..................................................................................................25

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4.1 Introduction..........................................................................................................................25
4.2 Thematic interpretation in case examples............................................................................25
4.3 Summary..............................................................................................................................29
Chapter 5: Conclusion and Recommendation...............................................................................30
5.1 Conclusion...........................................................................................................................30
5.2 Linking with objectives........................................................................................................30
5.3 Recommendation.................................................................................................................31
5.4 Future Scope........................................................................................................................32
5.5 Research Limitations............................................................................................................32
References......................................................................................................................................33
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Chapter 1: Introduction
1.1 Introduction
In this era, striking developments due to the changes in the business laws has created ample
innovative opportunities in the business sectors. The laws and ethics are changing in this era, is
making business operation smooth thereby restricting the illegitimate acts. Now, onto thrive on
this laws-ethics conception, business laws are important and have to be maintained by an
individual before starting an ongoing business process. Business law provides a framework
regarding the operation of business. There are certain laws, like; income tax, sales tax and so on,
these are the laws and regulation present that every businessperson has to maintain while leading
a business. All the business laws are declared by different countries government, the business
law varies from country to country. In this context, recently the Australian Government has
undertaken some metamorphosis in their previous business law, this new laws are mobilized and
implemented since 1st July 2018.
1.2 Background of the Study
The main area of this dissertation is to apprehend the advantages and the opportunities that the
Australian states are getting by a metamorphosis in business laws. Innovation always deals with
something new and distinctive. Protection against breaches and unfair trade practices due to
changing laws has made business proceedings easier which has been highlighted in the business.
The business the most significant and important change the Australian Government has made is
change in national minimum wages. It is been declared by the Fair Work Commission of
Australia that the minimum wages proliferates by 3.5%. Another significant law by Australian
Competition and Consumer Commission (ACCC) is that all the products, whether it is
manufactured in the homeland or imported goods, must display a proper label in all the products.
Therefore, it is evident that the change in business law can surely benefit the entrepreneur as well
as the customers also.
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1.3 Research Aim
The main aim of this research is to investigate the advantages for doing business operations due
to changing laws in different states of Australia.
1.4 Research Objectives
To identify concept of business laws required for smooth operation of the business
To establish a direct impact with the changing business laws on the smooth operations of
the business in Australia
To critically evaluate the challenges faced due to un commonality in business laws seen
during business operations
To identify the relevant improvement in challenges faced by business organisation due to
un commonality in business laws
1.5 Research Questions
1. What is the nature of business laws that are required for simplifying the business
operations?
2. What is the impact of the changing business laws on the smooth operations of the
business?
3. What are the challenges faced challenges faced by business organisation due to un
commonality in business laws?
4. What improved steps can be introduced for overcoming the challenges faced due to un
commonality in business laws?
1.6 Research Rationale
Changing trade laws, unpredicted pricing, lack of commonality in standards and employee shift
time are considered as an issue for doing business in different countries. Globally, there has been
change in all business laws and ethics, therefore, according to a report; these countries are facing
different conundrums due to lack of one standard in different law. On the other hand, in this year
2018, Australia Government has gone through different change in their law (like; national

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minimum wage, privacy, food labelling and so on). By the change in this laws and ethics,
Australian different organisation from different states are getting advantages by the change in
this law. Their ongoing business process of this state's business organisation has become more
lucid and effective. Furthermore, there was an issue regarding the breaching of personal
information of business organisation. Immediately, Australian Government has innovated their
privacy breach law in more secure and protective way. This laws and ethics are been effective
since 1st July 2018.
Australian Government has found that there is an increase in breach and hacking of personal
information among different business organisation. This has been further made serious harm to
the different states business organisation as well as to individuals also. Moreover, there were
issues regarding incentives and shift time of employees. Therefore, Fair Work Commission of
Australia has declared a change in this system. Hence, the business organisations have to
increase the award rate and restrict the working hours to their employees. This change has been
effective from the January 1st, 2018. Major change the Australia Government has brought in
their national minimum wages. The Fair Work Commission has announced that there will be an
increase of 3.5% to minimum wages. This change will be effective from 1st July 2018.
Previously, the minimum national wage in Australia was $694.90 per week or $ 18.29 per hour.
It is from the evidence that every year, Australian Government change their national minimum
wage. As mentioned above, globally there has been change in all business law across different
countries in this globe. This change in law has a negative impact on the different business
industries throughout the world. On the other, Australian has also undergone different change in
their law and ethics and the business organisation of different states of Australia are enjoying this
change in law. This can be challenge of Australian Government to manifest globally, that their
change in law does not creating any negative impact in business organisation. Moreover,
Australian Government convinced in changing the law because there were some issues who were
creating harm to business organisations.
First and fore mostly, breaching and hacking of personal information of different business
organisation is unethical. These were causing serious harm to the different business organisation
of Australia. The Office of Australian Information Commissioner (OAIC), immediately has
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undertaken effective measures in changing the Privacy Act of Australia. Moreover, another
problem was rising in Australia regarding duplicate piracy of brands. In this context, The
Australian Competition and Consumer Commission has declared new Labeling laws, in this law,
each and every products (imported, manufactured in homeland and so on) will have a legal label
mark. This act will restrict the negative impact on the brand image and further it will provide
protection to customer in buying correct products.
The Australian Government has already implemented the above-mentioned law from 1st July
2018. After coming in effect of this above-mentioned law, the breaches of personal information
of different business organisation of different states in Australia will surely be restrained and
restricted. Moreover, the labelling law will definitely decrease the rate of piracy products of
different business organisation in Australia (Business.gov.au, 2018).
1.7 Structure of the dissertation
Chapter 1 helps in comprehending the concept of business and its importance in the business
process. This chapter also helps in investigating a recent change in the law of Australia and
advantages to the business organisation related to this change in law.
Chapter 2 provides depth and detail knowledge about the laws that have been changed in
Australia and advantages the different states business organisation are getting by this new
business law.
Chapter 3 depicts the specification of research philosophy, design, approach used for conducting
this dissertation.
Chapter 4 deals with findings and analysis which are been conducted by amalgamating data and
information provided by survey analysis and interviews are mentioned in this chapters.
Chapter 5 provides a concrete conclusion and recommendation regarding this research work.
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Figure 1.7: Structure of Dissertation
(Source: Created by author)
1.8 Summary
This dissertation further depicts the significance of business laws in Australia and providing
advantages to a different business organisation in different states of Australia. This dissertation
further focuses on the advantages of business organisation in different states in Australia, their
improvement, and smoothness in their business process.

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Chapter 2: Literature review
2.1 Introduction
This study has majorly focused on finding whether there is any business that is operating in
different states of Australia as per the Acts of Business Law of Australia, and receiving any
advantages from that type of operations. In accordance with that, it can be said that the current
chapter has been focusing in investigating the logical reasons and the effectiveness of Business
Law of Australia on the business operations that have been operating in different states of
Australia. This chapter has focused on the concept of business law in the business of Australia.
In addition to that, necessity of business law for running or starting a new business has also been
highlighted in this study. Adoption of changing law in the business and the relative requirements
have been analysed in this respective chapter. Impacts of the respective Business Law, and the
updated Law and the relative Act under this law on the concerned business with respect to
different states of Australia have been derived with the help of this chapter.
2.2 Conceptual Framework
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Figure 2.2: Conceptual framework
(Source: Learner)
2.3 Concept of business law in the business of Australia
Business can be considered as a process, where in order to make profit and to retain the profit
organisers need to monitor the business closely. It will help them to adopt effective strategy in
those areas, which are responsible for creating loss in the business. Therefore, restructuring from
the point of view of legal operations, adoption of new rules and regulations in the business and
other structural change has to be incorporated. Apart from this, while initiating a start up
business application of legal practices are necessary to sustain the business for a long time. In
Australia, there are Australian Business Number (ABN), Goods and Services Tax (GST), and
Tax File Number (TFN) and Pay as you go (PAYG) for paying taxes by registering the business
(Business.gov.au, 2018). In different part of Australia, there are different types of legal support
provided by the government. Several kinds of law have to be taken into consideration by a
businessperson while conducting or operating a business. Different Australian laws are given
below.
Competition laws
In order to ensure the fair trade practices by the businessperson and for the protection of
consumers Australian Competition Consumer Commission (ACCC) has enforced an
administrative framework for the business bodies. All the businessperson of that country is
bound to follow the rules while attempting their trade over there. Along with that, there are
legislations of Australian government, laws governed by the states or regional governments for
consumer protection and so on. Moreover, to help the businesspersons each state and territory
has owned their own fair trading office to guide businesspersons by advising them about their
rights, practices and obligations. Under the Competition law there is Fair trade practice law that
addresses different sectors like Complying with the competition and Consumer act under fair
trading law helps to protect business and customers. It also regulates the pricing, supplying,
importing and exporting, selling of products, services and inventory management and so on
legally.
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Regulation for Product liability
Product safety along with information standard is regulated by the national statutory framework
of Australia. The rules and regulations under this standard are entangled into action by ACCC.
The key purpose of this standard is to allow only the safe and harmless products in the market.
Under the Product safety & standards act, a safe consumption of protected goods is ensured to
reach to the customers with the help of state and territory offices.
Environmental legislation
The environmental legislations are controlled and enforced by the national, state and territorial
along with the local governments together. This joint authority controls the assessment process
and approval of the national environmental and cultural concerns for the organisation. The rules
and regulations address the each specific business activities and permit them for being
incorporated in the business process.
Privacy laws
The privacy law deals with the safety and security in the process of how a business can collect,
access, and store their personal business data and internal communication from an unauthorised
access or illegal possess. The National Privacy Legislation is overseen by the Australian
Information Commissioner. All the specific requirements are taken care of so that sensitive
information like medical records of particular person can be stored properly by following these
legislations.
2.4 Necessity of business law for running or starting business
The main aim of enforcing different rules and regulations in the business is to fulfil different
objectives of the business in a systematic way. Working under these legislation not only
beneficial to the businesspersons for ensuring a legal business practice, but also effective for the
government to maintain a legal taxation process and safety of the customers. Therefore, the
necessity of following the business laws are to make sure that all the aspects of business are
going legally and nobody can be cheated due to lack of legal implications. There are several

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necessary areas where the business law is helping the above mentioned population, which are
mentioned below in brief -
Proper understanding of the contracts
Prior to starting a business, the contractors’ needs to understand their status so that the contracts
can be formulated based on that. The consultant or subordinators usually go for a verbal or
written contract with the government other large business bodies or an individual. In case of
making a business agreement when a person is allowed to do job under a business organisation
he suppose to get a monetary exchange or other some other related benefits that comes under the
commercial contract. However, it depends on what type deal is made whether a verbal agreement
or non-verbal. Thus, it can be stated that the legal contract in a business among the involved
parties are necessary to make them educated about the pros and cons of the business where they
are going to enter.
Necessity of Privacy law
The Privacy Act 1988 of Australia provides a broad scope to the business bodies to handle their
private information safely (Austrade.gov.au, 2018). The tendency of one competitive
organisation could be to access the private information of another organisation to get a
competitive advantage in the business. Application of this act for the protection of each sensitive
information like medical information, personal information of every employee and business
ventures helps to retain a fair trade practice by competing organisations. It ensures the rights of
the business organisers and consumers to provide or to avail services from a business.
Anti-bullying law
It is necessary ensure the anti-bullying law in the different business sectors. It is more essential
for the protection of the employees working in different business sectors. Actions, can be
considered as a bullying are criticise a person excessively and unfairly, public insulting of a
person and so on. In such places legal actions can be taken. Along with that, fixing of unrealistic
work targets, changing of goals very frequently, allows employee to follow any possible way to
achieve the target in a given time period, undervaluing the efforts of employee in work
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performance are also punishable crimes. Thereby, necessity of this law to ensure a suitable work
environment in business.
Protection from unfair dismissal
This is another necessity for the employees to value their labour and to stop an unfair dismissal
from their workplace. For the small business organisations who have less than 15 employee, are
given a Fair Dismissal Code to follow while dismissing an employee. According to this law they
have to follow a critical yet legal process prior to dismissing an employee.
2.5 Adoption of changing law in the business
According to need of modification, the government of Australia makes certain changes not only
in the business law but also for the other areas where changes are necessary. Therefore, it is
evaluated that the modification in business laws are more frequent than the others. Here in this
segment the different modification in the various segments of business practices has been
discussed in brief. The changing aspects different rules and regulations in Australia are given
below.
Modification in national minimum wage practices
In New South Wales, the department of business connect has provided all the business
information and available tools for every business aspects. There is a marked change that has
come in the national minimum wage rate in Australia from 1 July of 2018 by 3.5%. According to
the news report more than two million Australian people are going to receive an enhanced
payment of is $ 719.20 /week decided by Fair Work Commission. Along with that, it has also
announced that for a 38 hours week an extra amount of $ 24.30 will be provided to the employee.
It is however decided after conflicts between Australian Council of Trade Unions and Fair Work
Committee. The ACTU has demanded to enhance of $ 50/week by arguing that to manage the
grappling with rising cost of living the citizens needs a decent payment daily. Later they
negotiated with the decisions of Fair Work Commission.
Introduction of Single Touch Payroll
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Another modification that has made by the Australian Taxation Office (ATO) to introduce Single
Touch Payroll (STP) that is going to be enacted from 1st July 2018. According to STP while
employing more than 20 employees the business organisers need to report it to the ATO
(Business.gov.au, 2018). In addition, they have to present all the detailed wage or salary
information including allowances, deductions and other payment details, PAYG withholding and
superannuation of each employee. Like this way, every time they adopt 20 new employees they
have to repeat the same.
Adopting of new food labelling
Adoptions of new food labelling laws are also going to be applicable from 1st July 2018. This
law has made mainly focusing on the retailing industry. In accordance to this law, the growing,
production or manufacturing, distributing and importing of selling of food in any retailing
industry of Australia needs to comply the currently enforced Country of Origin Labelling laws.
Application of this law ensures the mandatory use of the new food labelling law by the small
business ventures or individual person while selling items in the Australian supermarkets or
retailing stores.
Modification in the gift cards and gift vouchers
The government of New South Wales has enforced another law about the gift cards and gift
vouchers from 31st march of 2018. This law allows the expiry dates of the gift vouchers within 3
years. The owners of the card or vouchers are eligible for the honour within the three years of
issuing period. They cannot claim the honour prior to this date and it is not going to be affected
by any changes. This act is beneficial for the gifting stores to organise their card-holding
customers in a systematic way by staying under this law.
Modification in data breach changes
According to Data breaches scheme of Data Privacy Act 1988 with an annual turnover of $3 m
by a business organisation has to comply with modifiable data to the Office of Australian
Information Commissioner from 22nd February 2018 (Business.gov.au, 2018). Data breaching
signifies the unauthorised access to sensitive information. If such kind of action hampers an
individual or business, body that needs to be obligated to notify about both and OAIC.

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Modification in the casual and part-time entitlements of awards
This is a beneficial scheme for the casual and part-time employees regarding some modification
in their award rates. This is going to be enacted from 1st January 2018 in regards of minimum
shift entitlements for the casual and part-time employees.
2.6 Advantages of the application of business law for business operations
Application of the different business practices helps to ensure a fair trade practice by complies of
Privacy Act. It also helps to protect the intellectual property of the selling products. Additionally,
it allows the employers to employ workers by following proper legal obligations. There is one
study where the article 5.3 of WHO FCTC has shown its impact on preventing the interference
of the tobacco industries in Poland (Balwicki et al. 2015). In order to improve the tobacco
controlling regulations, a Framework Convention on Tobacco Control ratified with WHO has
initiated by the industries over there. They have also united with European regions to promote
the adverse effect of tobacco. Therefore, with an aim of understanding the way of addressing
trade by the tobacco companies by staying under regulation present study has investigated the
fact. They have found from an object of a regulation that mentioned tobacco companies started
becoming a partner for legislative work with the government in that country. This study shows
an example of a business organisation about their willpower to become a part of policy-making
process and exertion of pressures. However, by doing a campaign they have taken several legal
threats, working against implementation of tobacco control measures and so on. This could have
a broad impact on the overall business of the company. Thereby, from this brief discussion, it is
difficult to make any strong conclusion, even though supporting of legal activities to minimise
legal threat suppose to be promoted.
In another study of Australia, the legal aspects of the migrant employees have taken into account
(Howe, 2018). Researchers argue that even though there are several laws to protect unfair
dismissal of employees and paying of actual wages to them but still it is difficult for them to
access those services. The findings of this study have shown to some extent small to medium
organisations are not attempting any unfair dismissal of employees but there are still some
victims present who exists. This study lacks to address remote area employees and part-time
workers (Keogh et al. 2018). Thus, the modification in the part-time award from 1st January
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2018 could be a ray of hope for these employees. At the end of this discussion, it can be
concluded that the advantages of applying business law are beneficial for the employees,
employers, and customers as well as governments based on the situation and application of it.
2.7 Literature Gap
It has been seen that the research has based on the secondary data; therefore, the researcher has
faced some kinds of issues in order to build this research. This is because there may have
manipulation in the information related to the impacts of the Business Law and the changed law
on the operations of the business in different states of Australia. Due to the use of secondary
data, collection there has found issues in instigating the theoretical approaches.
2.8 Summary
This chapter has shaded light on the factors and the relative aspects of business law in the
business of Australia. In addition to that, necessity of business law for running or starting a new
business has also been developed in this study. In spite of the existing gaps, the researcher has
presented a theoretical measurement on the impacts of the respective Business Law, and the
updated Law and the relative Act under this law on the concerned business with respect to
different states of Australia. Requirements of the adoption of different laws regarding business
operations in different states of Australia and the relative advantages are developed with the
assistance of this chapter.
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Chapter 3: Research Methodology
3.1 Introduction
The respective chapter of this present research study has highlighted the in-depth knowledge
with respect to the entire assessment, including different procedures of the analysis. Henceforth,
this chapter has been consisting of different research methods, approach, design and philosophy
in order to complete the research. On the other hand, this chapter of research methodology has
further discussed relative significant tools and the techniques. Those techniques and tools have
been used in order to collect data from different states of Australia. In the context of successful
completion the research work, in this chapter has developed the most suitable courses of action
that can be taken into consideration. Apart from that, this analysis has ability in leading the
researcher for evaluating the entire processes of this research. Preparation of research
methodology chapter has helped the researcher to determine the required technique of sampling.
Research methodology has pushed the researcher in identifying the appropriate sampling
techniques with respect to the data that the research person has collected for completing this
assessment. Different challenges, ethical considerations related to collection, interpretation,
accessibility, as well as reliability of data have further discussed in the respective chapter.
Justification regarding the chosen methods have been analysis have been presented in this
chapter.
3.2 Research Outline
Research Philosophy Positivism
Research Approach Deductive
Research Design Descriptive
Data collection Methods Secondary Qualitative
Data Collection Tools and
Techniques
Thematic
Table 1: Research Outline

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(Source: Created by the Learner)
3.3 Methodology
It has known that there exist three types of methodologies in order to execute the research in a
successful way. These are known as research philosophy, research approach, and research
design. Moreover, all of these three have further been segregated into more three distinct types
for each. According to the philosophy, it has been known that research philosophies have been
categorised as positivism, realism, and interpretivism philosophies. Positivism philosophy helps
in deriving the in-depth knowledge with the help of generating an inquiry. This philosophy use to
include perspective and the logical views of all the individuals that are involved in the inquiry.
On the other hand, realism philosophy is related to the standpoints of the people has been taken
with respect to analyse the research. In the case of interpretivism philosophy, it has been using in
case of analysing the approaches related to social factors with respect to entrepreneurship.
Moreover, despite of all the social factors, the other disciplines that are relative to
entrepreneurship have been utilised in this philosophy.
It has been known that the r4esearch has been aiming at developing the level of satisfaction of
the businesses in different states of Australia. Therefore, it can be said that the researcher may
have the needs of collecting information from the people and the logical reason behind their
satisfaction. This is because the research philosophy as well as the logical relationship has been
further derived with the help of positivism philosophy (Wang, 2016). Consciousnesses that are
related to the shared instruments are shifted to reality in accordance with preceding the research
towards achieving success. In relating with the findings that have been required for completion
of this research, the researcher has taken into consideration the positivism philosophy. As per
this preseason, it has been seen that the researcher is able in developing the advantage of
accessing business in different states of Australia, due to changes of Business Law. The different
factors that are related to satisfaction of the businesspersons can further be discussed with the
help of this aforementioned philosophy. Therefore, reliability and accuracy of the collected
information can be depicted with the help of positivism philosophy in the concerned research. As
per this reason, the positivism philosophy has the ability in providing effective and significant
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solutions in accordance with the studies based on advantages in operating business in different
states of Australia with respect to different Acts under the Business Law of Australia.
In order to complete a research, it has been known that the relative researcher may have the
needs of selecting an appropriate research approach. This will help the researcher in
understanding and developing the perspective of the research. Approaches related to research
have been divided into different categories. These have been known as deductive approach,
inductive approach, and abductive approach. It has been known that relevant hypotheses of the
conducted research have key points of distinction in accordance with the inductive approach and
deductive approach. Furthermore, it has seen that the inductive approach has the ability in
transforming the specialisation with respect to the considered objectives of the research in a
generous statement. Apart from that, it has been observed that the abductive approach has been
consisting of the tendency in developing a conclusion and that has specifications related to
hypotheses testing abilities. In addition to that, it has known that abductive approach has the
ability in generalising a conclusion with respect to the interactions related to the specific
objectives. Apart from that, inductive approach is also involved into generalisation of the
research objective. Therefore, by differentiating characteristics of all the research approaches, it
has been seen that the researcher has selected the deductive approach.
In accordance with the research study, it has known that deductive approach has been taken into
consideration as the most effective approach in order to complete the research study in a
successful manner. In accordance with the characteristics of the deductive approach, it has been
found that the respective approach has the ability of developing the relationship between the
theories and facts with the research findings. Apart from that, the aforementioned approach of
research can help the researcher in developing a to-the-point as well as specific purpose of the
relative research (Bernard, 2017). In this context, that can be said that the respective research
approach has led the researcher in maintain the focus on the exact assumptions of this study.
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Figure 1: Categories of Research Methodology
(Source: Created by the Learner)
Research design has been divided into two segments that are exploratory and conclusive designs.
The exploratory research design aims at exploring the specific aspects with respect to the needs
of the research area. In contradiction to that, it has been found that the exploratory research
design has not been aimed in providing a conclusive statement and the final answers with respect
to the research questions. In addition to that, the researcher can change the pathway along with
the direction of this respective assessment to a specific extent. However, the researcher does not
make the changes fundamentally as per the newly gained evidence at the time of preceding this
research study. On the other hand, the conclusive design of a research helps the researcher in
drawing the final answers along with a concluding statement regarding the research questions. It
ResearchMethodology

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has acknowledged that, conclusive can justify the insights of the conducted study as well as the
aid relative the chosen course of action. This design has been divided into two parts; these are
known as casual and descriptive. It has been known that the descriptive design has been
characterised as an attempt for determining and describing the effective reasons with respect to
conduction of this research analysis.
Descriptive design has helped the researcher in accumulating the reliable, accurate, and specific
information that are related to the research. In order to design the research study with respect to
the purpose of the study is a critical process. In addition to that, for presenting an accurate
understanding as well as a deeper analysis with respect to the research hypothesis, the researcher
has taken into consideration the descriptive design and further has conducted the study.
Furthermore, it has been known that descriptive design can develop-p the efficiency of the
research (McKenney and Reeves, 2018). It has seen that the researcher has to find the
information on the advantages that the businesspersons have been enjoying in operating their
businesses in different states of Australia. Therefore, the researcher may further have the needs
of determining the logical as well as the legal factors that have been influencing the
businesspersons under the Acts of Business Law of Australia.
In order to collect the information from the fields of research, in accordance with successful
completion of the research study, the researcher may have the needs of choosing relative tools
and techniques. It has been known that the data or the information of as research can be of two
different forms. These are known as primary data and the secondary data. Both the types of data
can be segregated into two different types, which are qualitative and quantitative. However,
primary data are collected directly from the field of investigation. On the other hand, it has been
known that the secondary data are collected from the previously collected primary data.
In accordance with the current research, it has been seen that the researcher has collected
secondary data and that are qualitative. These data has been collected from different journals that
have presented the advantages in operating the business in different states of Australia under the
Business Law of Australia. Secondary data helps a researcher in determining the ideas and
statements of different authors from the considered journals (Stage and Manning, 2015). As the
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researcher has chosen the secondary data collection method, the analysis of the data will be
thematic.
3.4 Gantt Chart
Figure 2: Gantt chart
(Source: Created by the Learner)
3.5 Summary
With the help of research methodology, it has seen that Business law of Australia and the relative
Acts have been taken into consideration in order to complete the research study. This chapter has
dealt with several analytical methods that have helped in constructing the research survey. Apart
from that, appropriate implementation of those methodological methods has further highlighted
the design of this research. These methodological methods have focused on the objectives of this
study relative to the advantages of operating businesses in different states of Australia.
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Chapter 4: Findings and Analysis
4.1 Introduction
In the current chapter, the researcher has gathered several case evidences in order to analyse
effective business law practice in the country. Along with this, a systematic analysis has been
conducted in order to evaluate the effectiveness of the specific acts and aspects of business law
in current business practice. However, while doing such analysis, the research is conducted in a
thematic approach with the help of thematic presentation of information on different practical
cases have been incorporated. In this way, the proper systematic presentation by inclusion of
thematic data has been conducted in order to achieve better outcome of study.
4.2 Thematic interpretation in case examples
Fees and gift card expiry dates in New South Wales
The government of New South Wales has decided to incorporate changes in Fair Trading Act
1987. This change has been conducted as there were several issues breached on Fair Trading act.
These cases filed in Australian Securities and Investment commission. In case of Hobbes v NSW
Trustee & Guardian [2014], the plaintiff party has suffered due to unethical expiry date of the
defendant company. Being a gift voucher producing company the NSW Trustee & Guardian has
sold a card, which had an expiry date of about 5 months. Thus, in order to lower this kind of fair
trading breaches the government of the country has incorporated the fair trading act, which refers
that every card must be sold with a minimum expiry period of 3 years. Along with this, if any
company fails to meet such demand, the concerned company is going to provide post purchase
fee as well as some penalty to the claimer. This situation has been noticed in case of Kobelt v
Australian Securities and Investments Commission [2018], in where the company has breached
their duties to be performed according to the fair trading act. On the other hand, the government
has also noticed that in NSW, there are several companies are there who impose a post purchase
fee on the duties of government. As for this reason, the government has banned the post purchase
fees on every voucher and gift card purchasing. On the other hand, besides the post purchasing

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value banning, a reduction in the voucher values in order to provide activation fees are also
lowered in a significant manner. The aim of this changing is to increase cashless transactions for
the benefits of both government and citizen as well as to increase the business opportunity by
lowering competitions among people.
Single Touch Payroll in Queensland
As per the Budget Savings (Omnibus) Bill 2016 of Australia, especially for Queensland has been
introduced in 31 March 2016. It helps the employer to report about the payment and process of
payment of their employees. The Australian Tax Office (ATO) has incorporated this strategy
order to create a real time visibility and accuracy of payment method and process. Sometimes it
can be noticed that, employees are suffering due to inconsistency in the salary payments. Thus,
in this way, a streamlining can be done to administrate the superannuation obligations, tax and
payroll system. However, it is only applied to an organisation with employee strength of about
20 or more. Employers need to information about superannuation contribution of each employee
in order to maintain proper taxation system in the country. Thus, the government has
incorporated strategies of making the proper payments of tax with the help of Tax File Number
(TFN). However, in the current situation, the country is emphasising in the aspect of changing of
STP process about the all facts of an employees about their boarding to a job, termination and
life cycle in employment. In case of Tattsbet Limited v Morrow [2015], relationship making with
employee regarding payment and taxation has become an issue. Thus, from the agency operator
to contractor, conducting proper payment is necessary for enhancing business outcome. Thus, in
this way, the employment rate in Queensland can increase the productivity and can reduce the
unemployment rate in the country. On the other hand, in case of Freelance Global Ltd v Chief
Commissioner of State Revenue [2014], the contracts and agreements among taxpayer
employees with clients and contractor have been conducted. However, the breach of contract has
been made by the contract with the help of proper documentation by employer can be conducted.
National Minimum wage in Tasmania
In case Tasmania, due to high rate of unemployment and part time employment, the government
has decided to increase the amount of minimum wage. It has been noticed that the government of
Australia has incorporated this wage increase strategy in order to enhance the payment of the
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employees. In case of Brownells Ltd v Ironmongers' Wages Board [1950], this strategy is
effective for mitigating the gap of living style, as well as improves the lifestyle pattern in the
employees. The Australian Council of Trade Unions has insisted to increase the minimum wage
per week of about 50 AUD. However, the major advantage of this policy is to mitigate the gap in
the living standards as well as meeting the rising cost of living of Australian citizen. On the other
hand, the government has decided that, this much increase in national wage can be a tremendous
burden for the business organisations, especially, in case of small and medium enterprises.
As for this reason, the government has increased the boundary of national minimum wage of
about 35.5%. Critically, it can be stated that, this strategy is effective for mitigating the gap of
living style, as well as improve the lifestyle pattern in the country. On the contrary, while
elevating the demand of 50 AUD weekly minimum wage, the government has evaluate the
human development index of Australia. In case of Grace v Taylor [1910], being, the second most
human developing country, Australia is still lacking of producing skilled and proficient
employees in the comparison with other developed countries in global aspect. Thus, the
government has identified the risk of reduction in employment opportunities as well as
emergence of low skilled workers in case of young generation in spite of that, the government
has increased almost 35% national minimum wage which is also a major increase. This strategy
is to be conducted at the middle of 2018 in order to improve the marginalised labour market and
vulnerable people of society.
Data Breach Changes and Updates to the National Privacy Act in Victoria
As per the Privacy Act 1988, the country has incorporated the scheme of Notifiable Data
Breaches (NDB). This act has been established in order to response in the data breaching actions.
It has been noticed that, due to incorporation of technology in everywhere in the country,
breaching data can cause a serious harm. Not only in case of organisational aspect, in
international context also can this issue have great impact. Thus, the government has
incorporated the Privacy Amendments in the scenario of Notifiable Data Breaches Act 2017.
Along with this, the NDB scheme is thus incorporated for the agencies and organisations. In
order to state the reason for incorporation of such legislation, the case references of Privacy
Commissioner V Telstra Corporation Limited [2017] can be provided. This case is a major
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reason for the formulation of this act in the country. The government has found the need of data
protection in case of the data breaches has been conducted within more than one organisation.
The consultant or subordinators usually go for a verbal or written contract with the government
other large business bodies or an individual. In case of RHG Mortgage Corporation Ltd v Sava
[2013], the enforcement of the warrant issue is the positional transaction in order to avoid the
data breaches. However, it depends on what type deal is made whether a verbal agreement or
non-verbal. Thus, it can be stated that the legal contract in a business among the involved parties
are necessary to make them educated about the pros and cons of the business where they are
going to enter.
Western Australia changes of entitlement in casual and part-time employees
Since December 12, 2017, as per the Fair Work Commission of Australia, several awards are to
be provided to the part time and casual employees. Therefore, the necessity of following the
business laws are to make sure that all the aspects of business are going legally and nobody can
be cheated due to lack of legal implications. Along with this, a minimum wage has to be
provided to these types of employees in order to reduce the unemployment rate of the country.
On the other hand, the employees of the casual and part time payroll have shown interest in
fashion food award, Hair and Beauty Award, Hospitality Award, Passenger Vehicle Award
Pastoral Award and Rail award. It is necessary to ensure the anti-bullying law in the different
business sectors. It is more essential for the protection of the employees working in different
business sectors. Actions, can be considered as a bullying are criticise a person excessively and
unfairly, public insulting of a person and so on. As in case of BHP Billiton and Bankwest
Company, this issue has been identified.
Origin of food labelling in Southern Australia
Origin Labelling (CoOL) laws are incorporated by the government in case of the major retail
stores as well as the fast food industry of the country. As in case of Devenish V. Jewel Food
Stores Pty. Ltd. (1991), non-employed person of the organisation has been recruited for
conducting the packaging as a result, improper packaging and labelling has been conducted. This
act is going to revise in order to standardise the food processing and labelling. Protection against
breaches and unfair trade practices due to changing laws has made business proceedings easier

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which has been highlighted in the business. Australian Competition and Consumer Commission
(ACCC) have incorporated such strategies with the help of "noopener noreferrer" strategy. On
the other hand, in case of NSW Food Authority v Fernbrew Pty Limited trading as D'Aquino
Bond Wholesalers [2007], as per the Food Act 2003, it has been breached due to improper
packaging and labelling which impacts in the license cancellation of the retail organisation. The
most significant aspect of the labelling of food product is the digitising data of food product for
customers. In this way, the quality of packaged food can be maintained and keep them fresh for a
household use. This, act is effective for maintaining the food production in retail market as well
as restaurants.
4.3 Summary
Henceforth, it can be stated that, the business law is effective for creating a standard in business
practice. In the current chapter, the researcher has gathered several case evidences on New South
Wales, Queensland, and Tasmania and in both western as well as Southern Australia. In order to
analyse effective business law practice in the country these steps have been conducted. However,
while doing such analysis, the research is conducted in a thematic approach with the help of
thematic presentation of information on different practical cases have been incorporated. This
systematic approach has become effectively contributed in the current study in order to have a
proper interpretation and knowledge about Business Law.
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Chapter 5: Conclusion and Recommendation
5.1 Conclusion
After conducting this research, it is concluded that Australian Government has made some vital
and significant change in previous laws. Moreover, this change in the law has provided a positive
impact on the business organisation of Australia in different states. The breaching of personal
information from the business organisation has been restricted. It is concluded that food-labelling
law has been successfully implemented in Southern Australia and they are running their business
process in a much smoother and more secure way. In Western Australia, the changes of
entitlement for casual and part-time employees have been implemented successfully. Moreover,
the business organisation of Western Australia has accomplishing success by reaching their
organisation. Such change in law has also motivated the employees of a particular business
organisation as a result, there is a boost in the ongoing business process. The significant and
most important change in the law is the privacy act of Australia. It is concluded that such revised
law has been implemented in Victoria's different business organisations and they have got an
effective result from such a law. Their system has become more secure and the breach of
personal data and information has been lessened enough. In Tasmania, the implementation of
revised national minimum wage law (increase in the wage of an employee) has a positive impact
in a business organisation. The employees are very satisfied with an increase in their salary,
therefore, they are giving more efficiency in their work. This helps the business organisation to
boost u[ their work, the rate of manufacturing goods have increased in comparison to their
previous production. Single touch payroll in Queensland has also had a positive effect on their
business organisations. The increase in the period of expiry date of gift cards and vouchers have
more positive impacts on the consumers rather than in business organisation. In New South
Wales, this revised law has been implemented; therefore, the response is positive from the
consumers.
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5.2 Linking with objectives
Objective 1: To identify concept of business laws and its importance for smooth operation
in the business
This objective has been discussed in the literature part of this dissertation 2.3.
Objective 2: To establish a direct impact on the changing business laws on the smooth
operations of the business in Australia
This objective has been discussed mainly in the literature review portion. 2.4 of literature review
further explains all type of law that has been changed by Australian Government and in 2.6 part,
the advantages of a business organisation have been mentioned by a change in business law.
Objective 3: To critically evaluate the challenges faced due to un commonality in business
laws seen during business operations
This objective has been discussed in finding and analysis portion (chapter 4). Moreover, a
detailed study has been done in 4.2 of findings and analysis. In the literature review, this
objective discussion has also been done 2.5.
Objective 4: To identify the relevant improvement in challenges faced by business
organisation due to un commonality in business laws
This objective has been clearly discussed in the literature review portion (2.5) and in the finding
and analysis portion (chapter 4).
5.3 Recommendation
The recommendation after conducting this dissertation is as follows:
Australian Government needs to change the existing law from time to time in order to
ensure smooth business process. Moreover, they need to empower that law which will
provide protection towards the business organisation

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The Privacy Act of Australia needs to revise from time to time as innovation in software
is occurring day by day. Therefore, the ethical hackers will have sophisticated software in
order to breach the personal information of the business organisation
The labeling law is the landmark for all the business organisation of Australia. Moreover,
such a law needs to be changed from time to time, in order to provide more protection
towards the customers as well as the image of an individual business organisation
5.4 Future Scope
This dissertation deals with the change in business law in Australia and the advantages business
organisations in different states are getting by the change in the law. Therefore, this dissertation
will benefit future researchers as the change in business law is benefiting a different business
organisation in Australia. Moreover, it will help the researcher in getting knowledge regarding
accomplishment of success by the entire business organisation in Australia.
5.5 Research Limitations
While conducting this dissertation the factor of time has created barriers to making a successful
projection of this dissertation. Furthermore, lack of relevant data and information accompanied
with examples has created hindrance while leading this dissertation.
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References
Abc.net.au (2018), Australian minimum wage increased by Fair Work Commission to $719.20 a
week. Available on: http://www.abc.net.au/news/2018-06-01/australian-minimum-wage-
increased-by-3.5-per-cent/9824282 [Accessed on 07 July 2018]
Austrade.gov.au (2018), Australian business and environment laws Available on:
https://www.austrade.gov.au/International/Invest/Guide-to-investing/Running-a-business/
Understanding-Australian-business-regulation/Australian-business-and-environment-laws
[Accessed on 07 July 2018]
Balwicki, Ł., Stokłosa, M., Balwicka-Szczyrba, M., and Tomczak, W. (2015). Tobacco industry
interference with tobacco control policies in Poland: legal aspects and industry
practices. Tobacco control, tobaccocontrol-2015.
Brownells Ltd v Ironmongers' Wages Board [1950] HCA 3
Balwicki, Ł., Stokłosa, M., Balwicka-Szczyrba, M., and Tomczak, W., 2015. Tobacco industry
interference with tobacco control policies in Poland: legal aspects and industry practices.
Tobacco control, tobacco control-2015.
Business.gov.au (2018), Advice & support in your state or territory Available on:
https://www.business.gov.au/planning/new-businesses/advice-and-support-in-your-state-or-
territory [Accessed on 07 July 2018]
Business.gov.au (2018), Change business structure Available on:
https://www.business.gov.au/change-and-growth/restructuring/change-business-structure
[Accessed on 07 July 2018]
Business.gov.au (2018), Law changes for business in 2018 Available on:
https://www.business.gov.au/news/law-changes-for-business-in-2018 [Accessed on 07 July
2018]
Document Page
Business.gov.au (2018), Legal essentials for business Available on:
https://www.business.gov.au/planning/new-businesses/legal-essentials-for-business [Accessed on
07 July 2018]
Devenish V. Jewel Food Stores Pty. Ltd. (1991) 172 CLR 32
Douglas, M., and Bath, V., 2017. A New Approach to Service Outside the Jurisdiction and
Outside Australia under the Uniform Civil Procedure Rules.
Foolkit.com.au (2018), Business & Commercial Law Available on: http://www.foolkit.com.au/
[Accessed on 07 July 2018]
Freelance Global Ltd v Chief Commissioner of State Revenue [2014] NSWSC 127
Grace v Taylor [1910] HCA 65
Hobbes v NSW Trustee & Guardian [2014] NSWSC 570
Howe, J., Berg, L., and Farbenblum, B. (2018). Unfair Dismissal Law and Temporary Migrant
Labour in Australia. Fed. L. Rev., 46, p. 19.
Keogh, K., Gordon, C., and Marinovic, P., 2018. Cybersecurity: Global developments in
cybersecurity law: is Australia keeping pace?. LSJ: Law Society of NSW Journal, (42), p. 82.
Kobelt v Australian Securities and Investments Commission [2018] FCAFC 18
Law.unsw.edu.au (2018), Law in Action Available on: http://www.law.unsw.edu.au/lawinaction
[Accessed on 07 July 2018]
Lawaccess.nsw.gov.au (2018), legal advice Available on:
http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_employmentrights/
lawassist_employmentrights.aspx [Accessed on 07 July 2018]
McKenney, S., and Reeves, T. C., 2018. Conducting educational design research. Abingdon:
Routledge.

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NSW Food Authority v Fernbrew Pty Limited trading as D'Aquino Bond Wholesalers [2007]
NSWSC 531
Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4
RHG Mortgage Corporation Ltd v Sava [2013] QCA 7
Stage, F. K., and Manning, K. (Eds.)., 2015. Research in the college context: Approaches and
methods. Abingdon: Routledge.
Tattsbet Limited v Morrow [2015] FCAFC 62
Wang, H., 2016. From Mathematics to Philosophy (Routledge Revivals). Abingdon: Routledge.
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