Question  1                                  

Choose an Australian engineering or other company with which you are familiar or which is of interest to you. With respect to the competition provisions in the Competition and Consumer Act 2010 (Cth) (CCA) that you have studied in this course undertake the following:

(a)  Explain 3 strategies adopted by your chosen company towards regulatory compliance. In doing so, you will also need to comment on how this is documented in the company's policies and/or through its website.

(b) Discuss by providing examples how these 3 strategies promote competition in Australia by prohibiting anticompetitive conduct.

(c)  After studying the concepts and legal principles in Chapter 16  of Tony Ciro, Vivien Goldwasser and Reeta Verma, Law and Business, 4th ed, Oxford University Press Australia, Melbourne, 2014 what recommendations would you make to improve your chosen company's management activity in competition law compliance?

Question 2   

Bungee World Ltd ("BW”) is located at Byron Bay, New South Wales and has the world's highest bungee jumping platform named the Sea Monster. The steel platform is constructed over some cliffs that overlook the bay. Participants have to pay a fee of $50 and sign off on a form prior to bungee jumping from the platform. The form contains amongst other things these words:-

"The participant agrees that he/she will not hold Bungee World Ltd or its agents liable for any death or injury whatsoever or howsoever caused as a result of bungee jumping from the Seamonster.”

One day, Loki an investment banker decided to go for a jump on the Sea Monster. He pays the fee, signs the form and duly walks to the platform. Kate, BW's professional bungee instructor meets him and gets him ready for the jump by ensuring that his legs are tied securely to the safety rope that is attached to the steel platform.

Loki a first time jumper anxiously asks Kate if this is going to be fine whereupon she assures him that in all her 10 years at BW since it began operations, she has yet to see anyone get physically injured from the jump.

Loki takes a deep breath and dives. Unfortunately, part of the steel platform that is attached to the safety rope breaks loose from the main platform. The steel structure that broke was weakened due to corrosion with the sea moisture in the air. As a result of the detachment, Loki plunges into the sea. Whilst not physically harmed, Loki claims to have suffered nervous shock due to the incident and is about to commence a negligence action against BW.

You are the manager in charge of safety operations at BW. The Board of Directors of BW has requested that you prepare a memorandum to them explaining whether there are grounds for a successful negligence action against BW and the consequences to BW. You are also required to propose recommendations as to how best to resolve this potentially damaging public relations problem. In your analysis you will need to refer to the relevant law (statutory and/or case law).

Question 3          

In your own words what are the National Employment Standards? Who do these standards apply to? If you were head of human resources at an Australian engineering company, what would you need to do to ensure that your company does not contravene these standards?

The link to the National Employment Standards is as follows:-

https://www.fairwork.gov.au/employee-entitlements/national-employment-standards

Question 4                                         

Rebecca is an elderly woman who lives by herself in Brisbane. She has recently migrated from Italy and is only able to communicate in English at a basic level. One day she receives a random call from Dave, a representative of a plumbing company who offers to give her a "free plumbing check” at her home. Dave explained to Rebecca over the phone that this free check would involve an obligation free assessment of the condition of the taps and pipes in her home. She agreed and Dave visited her home the very next day.

Whilst at her home Dave conducted a check of the taps and pipes in her home and informed her that her plumbing was in good shape. However, Dave suggested that Rebecca purchase an Ono water filter as Rebecca would benefit from the latest reverse osmosis technology that the water filter offered. Dave said that he happened to have one unit remaining in his vehicle parked outside and that he was prepared to sell it to Rebecca for $2000 including installation.

Rebecca was not keen on spending any money but after 2 hours of intense persuasion by Dave, Rebecca signed on the contract to purchase the Ono water filter as she felt pressured to purchase the product. The contract had a cooling-off period of 10 days but Dave said that if Rebecca agreed to waive the cooling-off period, Dave could install the filter straightaway. She agreed to waive the cooling-off period in the contract, paid Dave the $2000 in cash and Dave subsequently installed the Ono water filter.

Rebecca now approaches you for advice. She says that the Ono water filter is working fine but she really has no need for it and she felt pressured to purchase it. Advise Rebecca of her rights and remedies (if any) under the unconscionable conduct provisions (including section 21) in the Australian Consumer Law.