Hospitality Management Report: Australian Business Laws Analysis

This report provides a comprehensive overview of Australian business regulations relevant to hospitality management. It covers key areas such as anti-discrimination laws, including provisions for Equal Employment Opportunity (EEO) and harassment, detailing compliance audits, consequences of non-compliance, and record-keeping requirements. It also examines the Australian Consumer Law (ACL), outlining prohibited practices, auditing processes, and business requirements. Furthermore, the report delves into Responsible Service of Alcohol (RSA) licensing requirements, the Fair Work Act 2009 (NES), and the Copyright Act 1968, providing insights into compliance, reporting, and business insurance needs. The report highlights the rights and responsibilities of both employers and employees within each regulatory framework, offering a practical guide to navigating the complex legal landscape of the Australian hospitality industry.

Running head: HOSPITALITY MANAGEMENT
HOSPITALITY MANAGEMENT
Name of the Student
Name of the University
Authors note

1
HOSPITALITY MANAGEMENT
Task 1
1. Support for businesses in Australia, Business: business.gov.au, Australian government.
https://www.business.gov.au/
2. Food safety standards (Australia only), Food Standards Australia New Zealand.
https://www.foodstandards.gov.au/industry/safetystandards/pages/default.aspx
3. Federal Register of Legislation, Australian Government.
https://www.legislation.gov.au/Details/C2017C00180
4. We need more than just laws to ensure responsible alcohol service, The
Conversation.
http://theconversation.com/we-need-more-than-just-laws-to-ensure-responsible-alcohol-
service-80890
5. Australian Business and Environment Laws, Australian Trade and Investment
Commission, Australian Government.
https://www.austrade.gov.au/International/Invest/Guide-to-investing/Running-a-
business/Understanding-Australian-business-regulation/Australian-business-and-
environment-laws
Task 2

2
HOSPITALITY MANAGEMENT
ANTI-DISCRIMINATION, ESPECIALLY PROVISIONS FOR EQUAL EMPLOYMENT
OPPORTUNITY (EEO) AND HARASSMENT
Two key practices that are prohibited by the law
1. Discrimination
2. Sexual Harassment
A brief summary of how compliance to these laws will be audited
According to this Act, investigated is conducted after receiving complaints of harassment
or discrimination from an employee against the employer. In this investigation, first, how much
allegation is real is determined, and then actions are taken against the employer for breaching the
legislation.
Two main consequences of non-compliance
1. Financial Penalties
2. Prison
Two requirements for business or occupational licensing, mandatory training and
certification (wherever applicable)
1. EEO Certification
2. EEO Training
A brief summary of record-keeping requirements
Under EEO guidelines, employers are bound to keep all employment and personnel
records for one year. When an employee is fired from employment, then records of that person

3
HOSPITALITY MANAGEMENT
must be in organizations for the year.
A brief summary of compliance requirements for mandatory codes within the legislation
This law requires compliance with codes of ethics.
A brief summary of requirements of the business to develop and implement plans, policies,
codes of conduct or practices
For the development of business, activities like bullying, harassment, and discrimination
at the workplace should be avoided by following the ethics codes and responsible practices of
EEO and Harassment law.
A brief summary of the rights and responsibilities of employees and employers
Law imposes a duty of eliminating discrimination on employers and employers and
employees both are suggested to respect each other.
A brief summary of statutory reporting requirements for business
This law barely asks for employment records, which should be retained for one year after
the termination of an employee.
Four key business insurances required
1. Home-based insurance
2. Property insurance
3. Health insurance
4. Worker's compensation insurance
WHS requirements including duties of employers and employees along with incident and

4
HOSPITALITY MANAGEMENT
accident reporting requirements
Employees and employers are advised to have effective Communication during
emergencies. And from minor to major accidents should be reported for corrective measures.
Environmental Policy
Responsible behavior and environmentally friendly activities should be integrated into the
organization.
.
AUSTRALIAN CONSUMER LAW (ACL)
Two (2) key practices that are prohibited by the law
1. Pyramid Schemes
2. Referral Selling
A brief summary of how compliance to these laws will be audited
It has been enough time since ACCC (Australian Competition and Consumer Commission)
has shifted its more focus towards franchisors to safeguard small businesses and consumers.
According to section 51ADD of the CCA (Competition and Consumer Act 2010), ACCC has the
power of accumulating the information of franchisors without any suspect and can ask franchisors to

5
HOSPITALITY MANAGEMENT
bring required documents anytime. In this way, ACC has conducted several audits to ensure whether
franchisors are showing compliance with the Franchising Code of Conduct or not.
Two main consequences of non-compliance
1. Fines
2. Cancellation of License
Two requirements for business or occupational licensing, mandatory training and certification
(wherever applicable)
1. Must use contracts of standard form
2. Must purchase consumer guarantees
A brief summary of record-keeping requirements
ACCC can conduct audits according to its own choice based on the random selection of
traders; thus, during that time, horticulture traders and franchisors must have specific documents.
ACCC asks horticulture traders for terms of trade, records of agents, agreements produced by
horticulture, and written proof of concurred costs. And franchisors have to present documents of
disclosure, statements of marketing funds, dispute notice, agreement of franchise, statement of the
professional counsel, and details of the former franchisee are requested for no disclosure.
A brief summary of compliance requirements for mandatory codes within the legislation
Under Australian Consumer Law and rules of ACCC, traders are required to stand on the
essential established industry codes, i.e., Electricity Retail Code, Horticulture Conduct Code, Dairy
Conduct Code, Wheat Port Conduct Code, Franchising Conduct Code and Food and Grocery
Conduct Code. If any trader is revealed for breaching the code, then a suitable measure will be

6
HOSPITALITY MANAGEMENT
considered considering the intentions and depth of the breach.
A brief summary of requirements of the business to develop and implement plans, policies,
codes of conduct or practices
ACCC recommends a guide which entails thorough details regarding ACL. For each type of
trader, different codes have been created by ACCC, such as Horticulture Conduct Codes for
Horticulture Codes. Moreover, the fulfillment of rules under ACL is pivotal, which is the same for
all sellers; for example, traders will be responsible for compensation in case of any damages in
provided products and services and so on. For the successful development of business, unfair
practices should be avoided, which violates the regulations of ACL.
A brief summary of the rights and responsibilities of employees and employers
Employees and Employers' responsibilities entail decent business behavior, honor to the
rights of customers, and guarantees of law must not be violated while purchasing and selling goods.
A brief summary of statutory reporting requirements for business
Statutory reports of business should be available at the time of audit; otherwise, there are no
specific requirements for this report.
Four key business insurances required
1. Property insurance
2. Worker's compensation insurance
3. Professional Liability insurance
4. Product Liability insurance

7
HOSPITALITY MANAGEMENT
WHS requirements including duties of employers and employees along with incident and
accident reporting requirements
Effective leadership, Individual Participation, monitoring of work, commitment, etc. are
some of the responsibilities of employees and employees. In case of incidents, it is suggested that
they should not be ignored, and remedies should be made to avoid turning of incidents into
accidents.
Environmental Policy
Among several practices, those practices must be utilized in businesses that make the
efficient use of natural resources, and less harmful activities should be practiced from time to time.

8
HOSPITALITY MANAGEMENT
RESPONSIBLE SERVICE OF ALCOHOL (RSA) LICENSING REQUIREMENTS
Two (2) key practices that are prohibited by the law
1. Irresponsible behavior
2. Untrained staff
A brief summary of how compliance to these laws will be audited
Alcohol businesses are visited by the auditing team, and during auditing, the team checks
the copy of the issued license and analyzes whether the liquor seller has updated knowledge of
regulations or not.
Two main consequences of non-compliance
1. Penalty
2. Cancellation of license
Two requirements for business or occupational licensing, mandatory training and
certification (wherever applicable)
1. Accredited Training
2. Certification of alcohol training by RSA.
A brief summary of record-keeping requirements
Two major record-keeping requirements of RSA are records of staff's RSA training and
record of the incident.
A brief summary of compliance requirements for mandatory codes within the legislation

9
HOSPITALITY MANAGEMENT
General Practice Codes covers Promotion, Sale, Supply, Consumption, and Use, and Mid-
night trade Practice Codes contain marshals of drink, glassware restriction, CCTV usage,
utilization of metal detectors, and so on.
A brief summary of requirements of the business to develop and implement plans, policies,
codes of conduct or practices
To initiate business, the basic and mandatory requirement is the Responsible Service of
Alcohol Certification for which clearance of special courses is required, and general codes of
practice should be chased to satisfy the auditing team.
A brief summary of the rights and responsibilities of employees and employers
The prior responsibility of employers is to get each employee aware of new and updated
RSA rules, and regulations and employees should not supply alcohol to those clients who are
under 18.
A brief summary of statutory reporting requirements for business
Businesses must have all financial (alcohol delivery bills), and non-financial (certificates,
client details, etc.) reports available whenever they are asked to provide.
Four key business insurances required
1. Liability Insurance
2. Product Liability Insurance
3. Worker's Compensation Insurance
4. Property Insurance

10
HOSPITALITY MANAGEMENT
WHS requirements including duties of employers and employees along with incident and
accident reporting requirements
Employers should take all small and large accidents seriously, and it is combined duty of
employers and employees to keep the workplace safe and harm-free. For this effective
Communication must be done between employees and employer to figure out practical measures
which can be implemented during an emergency. Additionally, liquor holders must have
management and emergency plan in their workplace.
Environmental Policy
It must be ensured that surrounding people do not face any noise and disturbance and
always try to prefer environment-friendly practices.
FAIR WORK ACT 2009, ESPECIALLY PROVISIONS FOR NATIONAL EMPLOYMENT
STANDARDS (NES)
Two (2) key practices that are prohibited by the law
1. Work burden on the employee
2. Distributed relation between workplace and employees
A brief summary of how compliance to these laws will be audited

11
HOSPITALITY MANAGEMENT
Businesses are audited on a random basis. Generally, records of employees are audited in
this law, such as work hours and wages of employees.
Two main consequences of non-compliance
1. Fine
2. Prison
Two requirements for business or occupational licensing, mandatory training and certification
(wherever applicable)
1. FWA Certification
2. FWA Online Training
A brief summary of record-keeping requirements
All records of employees should be available at the workplace.
A brief summary of compliance requirements for mandatory codes within the legislation
Compliance with dismissal codes is required.
A brief summary of requirements of the business to develop and implement plans, policies,
codes of conduct or practices
Rules and regulations which come under FWA, such as do not create fake employee records
must be followed for a successful business.
A brief summary of the rights and responsibilities of employees and employers
Employers should not misuse their power, and they should try to make employee life easier.