SITXGLC001 Assessment: Restaurant Legal Requirements

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SITXGLC001
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ASSESSMENT 1
The assessment presents a research report for “Restaurant”, the report outlines the legal
regulatory requirement according to which the policy and procedures of the restaurant shall
be prepared.
ANTI-DISCRIMINATION PROVISIONS
The Australian law restricts the discrimination based on the race, gender, sexual orientation,
gender identity, age and disability. If any employer found guilty of dismissing or
discriminating among the employees based on race, authenticity, gender orientation, a
complaint can filed against him/her by such employee. Following are some of the laws that
contains prohibitions regarding the discrimination (Taylor, 2019).
Equal
Employment
Opportunity
(EEO) and
Workplace
Gender
Equality Act
2012
Disability
Discrimination
Act 1992
Racial
Discrimination
Act 1975
Sex
Discrimination
Act 1984
Purpose of
the Act
The Act aims at
decreasing the
gender pay gap
in Australia. The
Act ensures that
the
discrimination is
not done based
on gender and
equal
opportunities are
available for all.
Prohibits the
discrimination
that is done
based on
person’s
disability.
Section 25
restricts every
person who
harasses a
disable person.
The purpose of
the Act is to
restrain people to
create hatred
based on their
colour, national
origin or race.
The Act
prohibits
workplace
harassment
committed by
employers or co-
workers or any
person associated
with
organisation.
Section 28A
broadly defines
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the meaning of
sexual
discrimination.
Who
addresses
the
complaint
Fair Work Ombudsman. The Australian Human Rights Commission
investigates the matter. The Equal opportunity committee addresses the
issue related to unequal opportunities. The issues that are concerned with
un-even payment to employees.
Employer’s
Duty
Employers or management must address the issues related to above-
mentioned issues proactively, else this creates an unhealthy environment at
the workplace and employees shall not feel safe.
AUSTRALIAN CONSUMER LAW
The Australian Consumer Law gives protection to the consumers against the damage suffered
by them due to the defect of a product. The consumer law is enforceable by the Australian
Competition and Consumer Commission. The law determines the rights of consumer to
exchange, repair or to ask for refund in case the product does not meet the standards of
guarantee (North & Flitcroft, 2016).
REPAIR
The service of repair can be accepted if the fault/defect is minor. In case the business fails to
provide free services then the consumer can get it repaired from someone else and can claim
the repair amount. Other options are to get the product replaced or claim refund. However,
before repairing the product, the business serve notice to the customer.
REFUND AND REPLACEMENT
The consumer can claim for refund or replacement if the defect is major and can be resolved
by repair. It is not necessary that the products should be returned in the same packaging as it
was received. If after the inspection, it is found that the product or service does not have any
fault, then the consumer has to pay the cost of inspection.
“NO REFUNDS”SIGNS- UNLAWFUL?
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The signs claiming that there shall be no refund is unlawful. Even if the businesses states that
there shall be no refund before selling the products, the rights of the consumer persist.
However, the rights are not available to the consumers if the consumers themselves waved
their rights in the greed of buying the products at the cheaper rates.
TERMS OF CONTRACRT
If the terms of the contract of sale are not met by any of the parties then the aggrieved party
may cancel the contract. Moreover, if the terms of the contract are unfair or the terms state
unfair conduct of business operations then also, the contract can be terminated.
EMPLOYER SUPERANNUATION CONTRIBUTIONS
When an employee is retired, the employee can release funds from superannuation paid by
the employer for the employee. Super Guarantee (SG) is the minimum amount paid by the
employer. The current rate of SG is 9.5% and is paid four times per annum. In case the
employer or employee fails to contribute to the SG then the charge is levied on them. The
super is contributed for the employees, whose salary is more than $450 before tax. The
employee can release the amount after complying the conditions of Superannuation
Industry (Supervision) Regulations 1994, Schedule 1. (Hanrahan, 2018).
WORK PLACE RELATIONS
Fair Work Act 2009 governs the workplace regulations in Australia. The Act and other
workplace laws cover both the employers and employees. The purpose of the Act is to protect
the employees from unfair dismissal, paid parental leaves, financial assistance to the unpaid
employment by Fair Entitlements Guarantee. Whole and sole objective of the Act to provide
flexible arrangements to both the employer and employee (Bélanger, et. al., 2019).
National Employment Standards are the standards laid down by the Australian Government.
The standards are applicable on employees on who come under the system of National
Workplace Relations. Some of the standards are as follows:
Weekly Hours for work Maximum 38hrs per week
Flexible wok arrangement Certain class of employees can request for
same
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Parental leaves Up to 12months, unpaid leaves can be
requested.
Annual Leave Paid leaves for 4 weeks
Personal Leaves 10 days paid leaves
Leave for Community Service 10 unpaid leaves
Leave for long service Paid leaves to employees who have been
working in the organisation for long.
Public Holidays Day-off
Termination Notice 5 weeks’ Notice
Statement providing information for fair
work
Provided to the employees by the
employers.
ENVIRONMENTAL PROTECTION AND LOCAL COMMUNITY ACTS
Australian government has legislated the environment management. The purpose of the law
is to protect the environment and sustain the raw materials, energy and water for the future
generation. The territorial and state both the governments are concerned and enforce the law.
Community Land Management Act 1989, governs rights of the neighbours and community.
The Act consists of several by-laws that aims at regulating behaviour of residents (Agyeman,
et. al., 2016). The disputes related to community issues are dealt with the process of
Mediation. Another option to resolve the dispute is by taking the same to Civil and
Administrative Tribunal.
TAXATION
Australian Taxation Office (ATO) levies several taxes on the individuals and organisations,
based on the type of income accrued from the businesses. As per the ATO, restaurants are
required to pay Goods and Services Tax (GST). The organisations need to obtain GST
number in order to collect and pay GST. Currently the rate of GST levied by ATO is 10% on
the products, services and any other products that are sold or consumed. In case of non-
compliance, heavy penalty is charged by ATO (James, 2018).
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DUTY OF CARE AND PUBLIC LIABILITY
The Civil Liability Act 2002 mandates the individual to take reasonable care while
performing any act. The Act protects the right of the person whose right has been infringed
due to the act of negligence of someone else. In case of breach of duty of taking reasonable
care, the person committing breach is liable to compensate to the person who has suffered the
damages due to negligence. However, before the order to pay remedy, the court examines
several factors like has the injury involved significant risk, whether it was foreseeable or the
injury has occurred. It is the liability of the business if any unfavourable event occurs at the
premises or near to the premises. Pubic Liability Insurance covers business but this insurance
does not cover employees but covers people who are injured because of negligence of
business organisation (Stickley, 2016).
WORK HEALTH AND SAFETY
The Australian legislation related to health and safety is Work Health and Safety Act 2011.
The purpose of the Act is to ensure the safety of the workplace and of the workers. As per the
Act, it is the duty of both employers and employees, to protect the work premises from
accident, which may cause harm to the workers or to the workplace. The consequence of non-
compliance is the penalty of $600,000 or imprisonment of 5years (Johnstone, 2016).
WORKERS’ COMPENSATION
Australian government has enacted Safe Work Australia Act 2008, in order to develop
national policy that aims at giving compensation to the workers for any injury or disease
suffered by them. The Commonwealth has enacted the scheme for military, commonwealth
schemes and for military personnel, Safety, Rehabilitation and Compensation Act 1988
cover these schemes. The Act imposes duty to pay compensation to employees in case of any
injuries suffered by him/her. However, the compensation can be claimed by serving a notice
to the employer and such notice needs to be in writing (Roberts, et. al., 2015).
COPYRIGHT ACT 1968
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Copyright Act 1968 has been enacted with the purpose of saving work of literature, music
and other artistic works from being copied. In case of the infringement of the right, the owner
may bring a civil suit against the person who has infringed the right. The court may order for
injunction or order the defendant to pay compensation on the part of profits earned. The court
of Justice may also order for detention to the defendant (Antonopoulou-Saliverou, 2018).
FOOD SAFETY
FSANZ (Food Standards Australia New Zealand) is the legislative authority formed by the
Australian Government. The Authority aims at developing food standards for New Zealand
and Australia. The Food Standards Australia New Zealand Act 1991 also set standards for
packaging and labelling of the goods. The food products that are imported to the countries,
need to meet the standards set by the Act. The purpose of the Act is to protect health of the
public and to provide sufficient information about the ingredients of the food products
consumed by them. Any issue related to the food safety is dealt by FSANZ. (Mhurchu, et.
al., 2016).
LIQUOR LICENSING
The liquor licensing depends upon the fact if the restaurant just serves the liquor or also
provide the facility of take away. For serving the alcohol after midnight i.e. 1am, then
additional licence needs to be acquired. In Victoria, Victorian Commission issues the
licence for Gambling and Liquor Regulation. The application for obtaining licence is made as
per the provisions of under the Liquor Control Reform Act 1998. As per the regulations, the
person who is above 18 years of age is allowed to drink alcohol. If any person found serving
alcohol to a minor is charged with the penalty of $7,000. Moreover, if any minor found
drinking alcohol shall also be fined or detained. For restaurants running in Victoria who
wishes to serve alcohol at their premises has to acquire general licence, late night general
licence for serving alcohol past 1 Am. Moreover, if they allow BYO service then additional
permits are required to be obtained. The fee is $461.50 for obtaining licence $243 is the
charges for obtaining BYO permit. The renewal fee amounts to $948.10 for general licence
and Late Night General licence fee amounts to $3792.10 (Simone, 2018)
PRIVACY ACT 1988
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The purpose of the Act is to establish data privacy rights and norms. The object of the Act is
to identify the need of protection of privacy of people and dealing with their personal
information. The principles drawn under section 14 of the Act lay down number of
Information Privacy Principles (IPP). Information Privacy Act 2000 of Victoria enables the
government to collect information of the individuals but this information is collected by
recognised agencies. The Act is incorporated with the objective of securing the private
information. In case of privacy breach, the court may impose civil liability on the person
breaching the privacy norms. Section 15 of the Act restricts individuals for breaching any of
the APP (Australian Privacy Principles) that are mentioned in schedule 1 of the Act. There
are 13 principles that are applicable to private organisations and government organisations of
Australia. The private information includes name, signature, number, address, medical
records, and date of birth, details of bank account, opinion or commentary of an individual.
Part 3A of the Act governs consumer credit reporting, which is supported by Privacy (Credit
Reporting) Code 2014. The application for obtaining civil penalty order is made in Federal
Circuit court or Federal court. However, the application must be disposed of within six years
of violation. Anwar, et. al., 2018)
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ASSESSMENT 2
RESTAURANT’S POLICIES
WORKPLACE SAFETY
In order to create and maintain a conflict environment at the restaurant, BD Corp Eatery Pty
Ltd. complies with several legislations of Australia. The provisions of Fair Work Act 2009 is
incorporated in the policies of the organisation to protect the rights of the employees. The
organisation stands against the unfair dismissal of the employees. In case of discrimination
faced by the employees, they can complaint about the same to the management and a prompt
action would be taken against the same. For ensuring the safety at workplace, the policy of
restaurant forces the employees to take safety precautions like wearing gloves to maintain
hygiene, fire extinguishers are placed, wearing aprons, etc. All employees and the employers
has to meet the standards of safety stated in the policy and comply with the provisions of
Work Health and Safety Act 2011.
EMPLOYER’S CONTRIBUTION TO SUPERANNUATION FUND
As per the sections and provisions incorporated under Superannuation Industry
(Supervision) Regulations 1994, the policy of BD eatery affirm to contribute 9.5% of the
salaries of the employees to the Superannuation Guarantee Fund. The employees can release
the amount from the fund on the event of termination or retirement or any event that is stated
in the schedule 1 of the Act. The employers to the superannuation fund do not cover the
employees, who are paid less than $400, under the policy that means there shall be no
contribution.
COPYRIGHT
Any person who is found recording or streaming the restaurant videos shall be proceeded
under Copyright Act 1968. Employees and customers are not allowed to record or stream
videos of the restaurant. The Act gives right to protect the idea and creative theme of the
restaurant. Any person found guilty of recording videos or going live within the restaurant
shall be liable for proceeding of a civil suit.
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PAYROLL
The Waiter/waitresses shall be paid within the range of AU$16.99-AU$21.79 per hour. In
order to decide and maintain the payroll system of the company, the company complies
with the provisions of Fair Work Act 2009.
PROCEDURES
INCIDENT AND ACCIDENT REPORTING
In the event of any accident, the restaurant take full responsibility where the accident has
happened because of negligence on the part of the restaurant, however, the restaurant shall
not take full responsibility for any accident that occurs with the lack in duty of care taken by
the customer of the restaurant. As per the Civil Liability Act, the restaurant understand its
duty against the public and the employees. When an incident of discrimination occurs, such
employee can directly reach to the senior authorities of the restaurant. In case of any accident
occurs in the premises then the management is liable to take prompt action and shall provide
medical facilities and compensation to the person who suffered the injuries or damage.
EXCHANGES AND REFUND
Australian Competition and Consumer Commission protects the rights of customers and
restaurant complies with the same. In case of fault or defect in the services of the restaurant,
the customer is liable to file a complaint and may ask for compensation/refund or may ask for
exchange. However, if after an adequate investigation it is found that the restaurant is not
guilty at their part then the customer claiming the compensation has to pay the amount
invested in the act of investigation. The customer who has suffered may report the matter to
the manager of the restaurant and if the food standards are not meant then the matter can be
brought to the head chef.
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ASSESSMENT 3
MEETING PLAN
BD CORP EATERY PTY LTD.
STAFF MEETING
Date: Feb 22, 2019 Time: 1:00-2:20 pm Location: 114 Main Road
Requested Attendees
Name 1
Name 2
1:00 pm Welcome/News/Announcements
Hello, everyone, I am Billy Bobington. I have worked as Head chef for 5 years in two
restaurants. I welcome you to our newly established organisation, BD Corp Eatery Pty Ltd.
The agenda of the meeting is to understand the legal and regulatory framework of Australian
Business legislation and other legislations that may affect our restaurant business.
1:05 pm About the Company
The restaurant established in the name of the company aims to serve modern cuisine to the
local consumers. The restaurant venue has 80 sitting arrangements including 10 seats
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footpath trading. The restaurant shall also serve liquor and has applied to obtain permission
for the same.
1:20 pm Project Updates
The application for obtaining permission regarding attaining the permission to serve liquor in
the premises has been drafted and sent to the authority. The restaurant has successfully met
the food safety standards. We now hold the Food Safety and RSA qualifications and
standards. The restaurant has successfully met all the legal requirements and paid the required
fees to the relevant authorities.
1:30 pm Discussion on regulatory framework
The copies of documents of regulatory framework of the legislations that may affect the
running of restaurant have been provided to you. I would request you to have a look on the
same. The document consist of several legislations. It is the duty of the restaurant to comply
with the provisions of the same. The restaurant takes the responsibility of ensuring that safety
measures are taken and the standards of safety have been met. The first agenda of the meeting
is to have a detailed discussion about the legislations mentioned in the document. It is our
duty to not to breach any of the legal obligations imposed by the legislation as it may give
rise to legal liability.
1:45 pm Discussion on policies and procedures
The next document that has been provided to you contains the policies and procedures of the
company. The policies of the company are framed in a way that it ensures that the legal
requirements of the legislations are met. The procedures are outlined for reporting the
incidents and accidents. The procedure regarding the exchange and refund policies have also
been stated in the document.
2:00 pm Round Table
Now, as the discussion has been made about the legislations and policies of the company, I
would like to hear your suggestions. I would be happy to welcome your suggestions.
2:20 pm Adjourn
Meeting Adjourn
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