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Companies and Security Law- Project Report

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Added on  2019-11-29

Companies and Security Law- Project Report

   Added on 2019-11-29

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Running head: COMPANIES AND SECURITY LAWCompanies and Security LawName of the StudentName of the UniversityAuthor Note
Companies and Security Law- Project Report_1
1COMPANIES AND SECURITY LAWTable of ContentsAssessment task 2............................................................................................................................1Issue.............................................................................................................................................1Rules............................................................................................................................................1Application..................................................................................................................................4Conclusion...................................................................................................................................6Reference.........................................................................................................................................7
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2COMPANIES AND SECURITY LAWAssessment task 2 Introduction The purpose of this paper is to analyze the legal position of the parties in relation tocontract law. A contract is a legally binding agreement between more than one parties. To makeit simple if two parties get into a contract in an appropriate manner the parties cannot deny togive effect to its terms as they are legally obligated to do so. A contact which has been enteredupon can be varied only by the consent of both the parties to the contract and not just one party.In relation to the case study the paper identifies the issue, than analyzes the relevant laws inrelation to the issue, the laws are then applied to the facts of the case so that an appropriateconclusion is determined. Issue As per the case study, would Aussieair is being made liable for any offences where theemployees has complaint that they are not getting the equal salary of PNGair and otheradvantages like the Aussieair to their employees? Rules As per the cases study, the issue has been arises when the directors of the Aussieair hasbeen found that they are not able to getting their salary according to their payment. The Aussieairhas form a new company named PNGair wehre they have appointed the same employees fromthe Aussieair with more benefits and salary packages. The Aussieair pilots and employees salaryhas been reduced by 25% which educe the salary amount where the pilots and senior managerswere paid in full salaries along their redundancy entitlements. Now according to the sec- 184(1)of Corporation Act 2001 the directors of the pilots and senior managers were paid in full salaries
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3COMPANIES AND SECURITY LAWalong their redundancy entitlements has breaches their duties and failed to exercise according tothe constitution of the corporation. The section 135 of the Corporation Act stated the divisible rules of the companieswhere the Corporation only has their own constitution which can be used as the replaceable therules and able to registered according to the provisions the section 136 stated the constitution ofthe company and the Section 8 of the Corporation Act employees in this section where acorporation is allowed to adopt a constitution from the other registration companies according tothe mutual agreement of the member of the company where the constitution helps to providesearch Court order. The section 140 of Corporation Act 2011 establishes the legislations whereit affect the constitution and replaceable rules by the companies according to this section thecompany’s constitution and replaceable rules both are perform their duties. If the members of thecorporation not agree with the replaceable rules then there are some other provisions under theCorporation Act to modify the constitution. According to the case study the Aussie herecompany has introduce a new company where they replace the rules by reducing salary wherethe remuneration amounts also not provided to the Employees.Here the section 141 of Corporation Act stated the legislation of the consequences ofbreach section 140 of Corporation Act. It is also important to mention that the company has noright to force any of the members for following the constitutional provisions fair. It affect themfor the incapacity as being a member of the corporation but the company constitution is set forfollowing by the employees who are the members and when they are related with theCorporation. One of the famous case Hickman v Kent or Romney Marsh Sheep-Breeders’Association [1915] the court has describe where the corporations must follow the constitutionwhich has been set by the authority. One of the important facts has been highlighted where the
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