BSBSMB401 Establish Legal and Risk Management Assessment

 

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Promote the policy and procedure by outlining the benefits of sustainability based on the research and analysis you undertook

BSBSMB401 Assessment Details:

 

Pages/Words: 1 Page/250 Words

 

Assessment Procedure Develop a sustainability presentation

 

• Promote the policy and procedure by outlining the benefits of sustainability based on the research and analysis you undertook in Assessment Task 1,
• An outline of the new sustainability policy and procedures and the rationale for development (as per the briefing report).
• Expected outcomes of the sustainability policy and procedures,
• Planned sustainability actions and roles and responsibilities.
• Graphics such as tables, charts, or images to add interest to your presentation.
• A summary of sustainability benefits in your presentation first and then at the end of the presentation, outline the new sustainability policy and procedure and action plan. Delivery of your presentation (5-10min)
• At the outset of the presentation, indicate that the team will be able to ask questions during and at the end of the presentation and may offer suggestions for additional strategies.
• Clearly deliver presentation content using the slides you have developed.

 

Questions:

 

A: Contracts

 

1. What should John and Amanda have done before signing the contract?

 

• They should read the contract before signing.
• get a royal to read it.

 

 

2. What are some of the important and typical terms of the contract that John and Amanda should have checked before signing the contract?

 

Express term there are a term of contract which are specifically agreed to between the parties and put in witting in the contract document or agreed to verbally between the parties.

 

• what is the cover in situation,they should not carry out some of part.
• what is included in the selling price that show on contract.
• They should not sign before read and check.

 

3. Do John and Amanda have a case for legal action? If yes, why? If no, why?

 

Yes,John and Amanda do have a case for legal action because they had signed the written contract.

 

4. In order for a legal contract to be created, there are certain elements that are needed. Name and briefly explain five of

 

Element of a contract to be enforceable,every contract must be demonstrate 6 separate elements.

 

And the absence of failure of any single element invalidate the whole contractual are shown in the box below.

 

Intention to created legally binding relationship. Offer and acceptance of offer.

 

Formal contract or existence of consideration (exchanges)

 

Get the consent form the other. Legality.

 

5. As John and Amanda are looking at purchasing an existing business, list 4 Internal and External risk factors which may already exist within the internal risk

 

• financial resource pudding
• Physical resource
• company access to archive

 

Resume -partner-copyright-trad makers

 

• human resource ,employee and target External Risk

 

• The economy
• Technology
• political legal factors
• cultural factors

 

B: Partnerships

 

John and Amanda decide to form the business as a partnership. They verbally agree that they will draw an equal amount from profits each week. There is no written partnership agreement. John will perform the electrical contract work, and Amanda will attend to the administrative functions of the partnership.

 

1. Is this agreement considered to be a partnership under the Partnership Act? Why or why not?

Yes,because they must be two more persons,and they must carry on business together.don’t trust anything to break the business terrible.

 

2. If John applies for a loan to expand the business, and the business fails within the first year, is Amanda liable for the debt owed on the loan? Why or why not?

 

Yes,she is partner have unlimited liability.partner are response for the dept or bad decision Of other partner.

 

3. John purchases $4,500 of equipment and tools for the business, without first seeking approval from Amanda. Would this affect her share of profits? Why or why not?

 

Yes,it affect to he share of profits because the profit is share equality,the action of one person effect with other person.

 

4. The main three business structures are sole trader, partnership and company. Tick the box in the table below to identify the legal rights and obligations of each structure.

 

 

C: Copyright and trademarks

 

John and Amanda decided to create a logo for the business and they contracted a graphic designer to design a suitable logo. They were happy with the logo and decided to use it as their trademark on all business cards, business correspondence, invoices, etc.

 

1.       Who owns the copyright to the logo?

 

John and Amanda is the person to create a logo.

 

2. Is the trademark protected? Why or why not?

 

No,Because you have to use an IP website.

 

3. What symbol would appear next to the trademark if it is protected?

 

The ™ symbol will appear next to the trademark it is protected.

 

 

D: Employment. (Role Play & Report)

 

After several months the business has grown rapidly, and John and Amanda decided to hire two qualified electricians to work as full-time workers. ‘Light’ requests that the electricians sign an Australian Workplace Agreement (AWA) as part of their employment conditions. Once electrician agrees to the terms of the AWA, and employment commences the following day. The second electrician refuses to sign the AWA, and states he wants to be part of the union.

 

Do your research and answer the below given questions.

You are to have a meeting with your manager about the issues you are having with the people you want to employ and arrange contracts accordingly.

 

1. How much time should a new employee be given to consider whether to accept the conditions of the AWA, before the offer is withdrawn?

 

At least 7 days to read and think about the information statement and you AWA before it is approach.

2. Can ‘Light’ refuse to employ the electrician based on the grounds of not accepting an AWA?

 

Why or why not?

 

you can’t be forced to sign and AWA to keep current job

 

• if you are being offered a job with a new employee,they can make signing and AWA a condition of hiring you unless the new employee has taken over the business of you old employee.

 

3. Name two groups that are protected against unlawful employment discrimination under the equal employment opportunity (EEO)

 

• orderly worker
• The age discrimination ACT2004

 

4.       If one of ‘Light’s employees decides to resign after six months of employment, how much notice is he/she required to give if it wasn’t specified in their contract?

 

If your employee can terminal you AWA by giving 14 days written notice and following the termination produced in you AWA.

 

 

5. John is a licensed electrician; does this mean the electricians who work fro him without supervision do or do not need a licence? Why?

 

No,the licensed supplies to the person doing the work it doesn’t apply to the person supervising the work.

 

6. If one of the employees does decide to leave “light” this can pose a threat to the business, how can this threat be treated?

 

Seek legal advice 8 take action to prevent the information being used or further disclosed.

 

E. Safety in the workplace

 

The sliding door on one of the vans owed by ‘Light’ would not keep in place when opened. Each time it was opened, an employee would need to wedge the door using a block of wood Unfortunately, neither John nor Amanda had had time to fix the problem. The following week, one of the workers forgot to wedge the door open, and it slid back onto his hand as he attempted to climb into the van. The electrician broke his hand, and was unable to work for a month until the hand healed.

 

1. Would the injured employee be entitled to workers compensation? Why? Why not?

 

Yes, provide suitable work as far as reasonably when a worker able to return to work either on  a full time or part time basics

 

2. Explain the requirements of the Workplace Health and Safety Act relevant to the accidents and injuries? (hint: refer to WHS requirements, like: hazard management, duty of care and responsibilities of an employer, WHS records)

 

• Primarily obligation -A person conducting a business or undertaking must ensure work health and safety -s19
• Health on a safety duties of workers -s28 worker must take reasonable care that their acts or mission do not adversely affect the health and safety of other persons.

 

s47 the employer must consult with worker who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safely

 

3. What is the relationship between negligence, workers compensation and the WHS Act? (hint: refer to Law of Torts)

 

You duty of care is your legal duty to take reasonable care to avoid others being harmed.

 

the principle of reasonable care recognizes that you have limited resources and limited ability to protect people from harm.

 

Worker compensation when someone is injured their medical expenses and loss of wages

 

F: Record keeping and compliance

 

1. Name some of the business records required to be kept by John and Amanda to meet taxation and legal requirements

 

If you are selected for audit, your business records will be required.

 

These records may include the following document.

 

• stock sheets -ledgers -debtors listing -tax invoices -job sheets

 

2.       How many years do John and Amanda need to keep business records?

 

Any original paper records or received and which are stored must be read only and must not any way be altered or manipulated once.

 

3. In the event of illness or a serious accident, what type of insurance is John eligible to claim for as a partner of “Light’?

 

Insurance -personal accident illness. Small business -income protection.

 

4. If ‘Light’ were the respondents to a claim from a client for misleading and deceptive conduct, name the legislation that ensures business operate fairly and all customers are adequately informed and protected, and state which body would be responsible for handling this case?

 

• Fair trading Laws
• Australian customer laws
• EEO
• Anti-discrimination

 

5. A sole trader is taxed as an individual and adds an income or deducts any losses form the business to their personal tax return. A partnership has its own Tax File Number and their tax return is assessed by the ATO (Australian Taxation Office) before each partner is able to add their share of the profit (or loss) to their personal income tax. Explain how a company is taxed differently from a partnership and who receives the business profits?

 

The director from company

 

The company pay tax on rate 28.5% on the same rate amount.

 

The partnership pay tax by tax rate as below.

 

taxable income	Tax on this income
0 – $18,200	Nil
$18,201 – $37,000	19c for each $1 over $18,200
$37,001 – $90,000	$3,572 plus 32.5c for each $1 over $37,000
$90,001 – $180,000	$20,797 plus 37c for each $1 over $90,000
$180,001 and over	$54,097 plus 45c for each $1 over $180,000

 

If you income more the tax will be pay more.

 

6.   What is the annual turnover amount for a business that needs to register for the Goods and Services Tax (GST)?

$75,000

7.   When John and Amanda provide a tax invoice over $1,000 to a customer, there are specific items that must be shown. Name at least five of the items that need to be shown on a valid tax invoice.

 

1. Australian Business number (ABN)
2. The amount of product
3. The detail of product ( description )
4. The date of invoice
5. The company name
6. The total amount of product

 

 

Knowledge Test

 

1. Explain what ‘unlimited liability’ means to business

 

Unlimited liability refers to the legal obligations general partners and sole proprietors because they are liable for all business debts if the business can’t pay its liabilities. In this sense, the business owners are uninhibitedly liable for all the business actions

 

2. Define a general business

An arrangement by which partner conducting a business jointly have unlimited liability,which means their personal assets are liable to the partnership obligation.

 

3. What are joint ventures and what are the advantages of this business

 

The joint venture structure is not a legal entity. Revenues, expenses and asset ownership usually flow through the joint venture to the participants

 

• access to new and / or complimentary expertise. staff, skillsets and technology
• access to related businesses or new geographic markets or gain new technological knowledge
• sharing of financial risk
• Flexibility
• offer the opportunity to move into new, non core areas
• the new venture may be separated and sold off at a latter stage

 

 

4. A company is a separate legal entity. What does this mean?

 

A legal entity, typically a business, that is defined as detached from another business or individual with respect to accountability. A separate legal entity may be set up in the case of a corporation or a limited liability company, to separate the actions of the entity from those of the individual or other company.

 

5. Outline the legal obligations of

 

The legal requirements summarized below are a list of non-exhaustive legal requirements that directors must comply with. Since the director is responsible for decisions made in their capacity as director of a company, it is critical that directors understand all obligations imposed on them.

 

6. What is the difference between a fixed trust and a discretionary trust?

 

Fixed debt is a form of trust that is available for real estate planning. The controller can control the money and property for the benefit of the beneficiary.

 

A discretionary trust is like a fixed trust for which the settlor does not set fixed beneficiaries or trust interest amounts. The trustee of a discretionary trust has the power to decide which beneficiaries will benefit from the trust. He or she also has the right to decide the extent of its benefits.

 

7. List the six essential requirements for a valid

 

• Serious intent
• Offer & acceptance
• Consideration
• Voluntary consent
• Capacity of parties
• Lawful purpose

 

 

8. Every simple contract requires consideration. What is meant by consideration?

 

Is required in simple contract but not formal ones. A simple contract is not valid unless each party provides consideration to the other.

 

You promise your friend an iphone for his birthday

 

• You promise to donate to a charity

 

9. Describe four ways in which the voluntary consent of a party to a contract can be affected.

 

Each party in a valid contract must give voluntary consent  to  entering  the    No valid contract exists if a person enters a contract against their will or without knowledge of the true situation.

 

• Common mistake
• Misrepresentation
• Duress
• Undue influence
• Gross unfairness

 

10. What is the legal effect of a contract formed for an ‘unlawful purpose’?

 

An illegal agreement under the common law of contract ,is one that the court will not enforce because the purpose of agreement is to achieve an illegal end.

 

11. Define a contract

 

are the contents of the contract. They are mutually agreed promises within the contract. Condition terms are important promises in the contract. They are fundamental to the contract

 

12. What is an exclusion term?

 

Exclusion terms are binding in signed written contracts. It limits or exempts one party from liability it relieves the party relying on it from being liable for breach of contract.

 

13. What is meant by a breach of contract?

 

Breaches of terms a breach occurs where one party fails to perform a contractual promise or perform a contractual promise unsatisfactorily.

 

14. List the ways a contract can be

 

Performance The contract has been complete by all parties.According to the arrangement.

 

Arrangement to end The parties have agreed to end the contract this means that they contractually agreed to the end contract and are bound by that decision. Illegally This occur when the carrying out of the contract has be come illegally

 

15. Outline the key steps in the Risk Management process

 

Key management refers to management of cryptography keys in a ecosystem. This includes dealing with the generation, exchange, storage, use, and replacement of keys Key management concerns keys at the user level, either between users or systems.

 

 

1. Do you have a license electrician?

Sure, I have a license

 

2. How long have you had work experience?

Around 3 years about electrician

 

 

Reference ID: #getanswers2001245