On-Shore vs. Off-Shore Outsourcing in Australia
Added on 2020-04-01
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BUSINESS LAW REPORT1BUSINESS LAW REPORTBy NameCourseInstructorInstitutionLocationDate
BUSINESS LAW REPORT2Introduction.The purpose of this report is to critically analyze offshoring and on-shoring with regard to the Australian laws and foreign laws. These two terms are not term of law but they can be connectedto laws in their fully capacity. Therefore, the report will consider occupation health and safety as well as anti-discrimination and equal opportunities in offshoring and on-shoring both located in Australian. That is why this paper will apply the Australian laws and any other relevant foreign laws for that matter. For the purpose of this report, concrete knowledge on offshoring and on-shoring need to be redefined. Both offshoring and on-shoring refers to methods of outsourcing. Typically, outsourcing means a situation where a company contract part of its tasks to an external company (Maslow 2013). With that said and done, on-shoring can be defined or typically refers to the relocation of industry processes to a location involving lower costs within the national boundaries of a particular country. For this paper, on-shoring will be within the boundaries of Australia. On the other hand, offshoring can be defined broadly as outsourcing thatis purely done across national borders. That is, a distant location is preferred for that matter. Occupational health and safety.This section will consider various aspects such as law and theories concerning offshoring and on-shoring, case study or court cases, then the mere comparison of offshoring and on-shoring, the most appropriate area of development as well as location of offshoring and on-shoring. This will help this report to analyze anti-discrimination and equal opportunities in similar capacity.Law and theories.Law is very important to a society. Law typically mean the rules and regulations that have been set by the government so as to government the people through the customs and judicial process to as to promote peaceful coexistence among the citizen (McGregor 2012). This definition fall under business law as well where investors and business fraternity follow certain rules and regulations in order to promote proper grounds in the field of business among the business people. For this report, this will involve both offshoring and on-shoring. The law on occupationalhealth and safety is referred to as OHSA law in Australian laws. The Australian law state that theOSH Act involves employers. In that case, employers are purely responsible in provision of safe and healthful workplace. For the case of offshoring and on-shoring, the law will ensure safe and
BUSINESS LAW REPORT3healthful workplace settings and standards are fully enforced. Ant training, assistance, education as well as outreach in offshoring and on-shoring need to be provided by the employer as stated inthe Australian law. The theory involved here is the Accident theory. The law is very clear on that. The theory connects safety and productivity. This implies that the business of offshoring and on-shoring need to identify the possible risks and entropy model of accidents. Both entropy and residual risk need to be identified and reduced. Any possibility of degradation of offshoring and on-shoring business systems need to be reduced. Again, the inherent danger in the entire activities of the organization need to be reduced as stated in the OSH Act of Australian law.Case study or court case.A case study refers typically as a previous scenario in law that can be used to compare aspects in the legal law. Decision can be made based on precedents. A court case as well involves a previous case that had been presented a decision can be as well be made from the court case. According to the Australian case studies all the case studies are used for reference to other cases at stake. There is a particular case law interpretation in Australia regarding the occupational health and safety. The case study Milat v The Queen (2004) HCA 17, R v Gilmore (1977) 2 NSWLR 934N can be interpreted as follows. The criminal matter is the Queen while the accusedis Gilmore. This particular case was reported in 1977 and indicates part of the NSW law report series. In addition, the case is found in volume 2 and usually started on page 935. The case study can be used similarly to solve case in offshoring and on-shoring.Offshores and onshore comparison.Both on-shoring and offshoring are the commonly used methods of outsourcing. Typically, outsourcing means a situation where a company contract part of its tasks to an external company (Thomas 2009). With that said and done, on-shoring can be defined or typically refers to the relocation of industry processes to a location involving lower costs within the national boundaries of a particular country. For this paper, on-shoring will be within the boundaries of Australia. On the other hand, offshoring can be defined broadly as outsourcing that is purely done across national borders (Ryan & Deci 2017). That is, a distant location is preferred for that matter. Typically, offshoring involves the relocation of industry or business processes to the
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