Food Industry assignment- Australian Law

1. I intend operate a restaurant business in the city of Melbourne as a retail outlet and want to register it as company in Australia. The basic licensing and registration requirements for running this  business as a company  are:

• Registration with the Australian Securities and Investments Commission (ASIC). (Mandatory Requirement).
• Filling of form 201 for registration as company.
• Filling of form 401 for registration of name.

I need to follow the provisions of the Food Act of 1984 which is the key regulation governing the food industry in Australia.

2. The Food Act 1984 is the specific regulation that governs the food industry in Australia. The act ensures that the food that is served in outlets and restaurants are of a standard quality and is safe to consume.

The act classifies deteriorated food into two classes that are unsafe food and unsuitable food and further unsafe food has been classified as food which causes injury or food which causes illness.

Unsuitable food is classified as the food which contains particles which cannot be termed as food. Under the act the business needs to follow other requirements  like they should not serve anything which misleads the customer, serve what exactly the customer wants and follow the food standard code which classifies packaging, safety and food composition requirements.

All the offences under the act the magistrates court serves the summon and is heard by the magistrate.

Taxation:-

1. If i have to operate a restaurant in Melbourne  I have to get registered with the Goods and Services tax which I would be charging from the customers along with their bill. For that first I have to get a Australian Business Number (ABN).
2. GST: the goods and service tax in Australia is a tax of 10% on the goods and services sold or consumed in Australia. If we look at the food industry all the basic foods are kept out of the perview of the GST but even then there are some foods which is covered by GST. GST is charged form the customers of business and paid to the ATO.

Fringe Benefits Tax: This is a type of tax paid by the employers on certain benefit given to the employees.  The benefits may include free dinners, extra bonuses in form of cars house etc. Since 1986 when it was introduced restaurants also fall within the perview of this tax.

Business Premises:

1. I would like to operate from a leased retail outlet.

(i)                 The main points that I would like to consider to fulfil my leasing requirements are.

• The duration of the lease.
• The arrangement and mode of payment of monthly rents for the leased premises.
• The requirements to be fulfilled for maintenance and operation of the leased premises.
• The requirements to be fulfilled for fees and licences of the leased premises.
• The requirements to be fulfilled for dispute resolution under the lease.
• The requirements to be fulfilled for termination and renewal of the lease.
• The terms and conditions to be fulfilled for using the leased premises.
• Transferring of the lease and if the premises can be sub leased.
• Period of review of the rent of the leased premises.

Contract Law:

1. Three business situations where I have to arrange written contract are:

(i)        I will need a written contract with the suppliers of food products and raw materials used in my restaurant.

(ii)   I will need a written contract with the people who would provide me financial assistance with relation to my restaurant.

(iii) I will need a written contract with the permanent employees who intend to employ in my restaurant.

2. I have these responsibilities under a contract

1. To pay the consideration agreed upon in the terms of the contract.
2. To fulfil the acceptance of the offer.
3. To follow the good faith obligation under the contract.
4. To ensure the performance of the conditions of contract.
5. To ensure the effective clauses of dispute resolution are entered in the terms of contract.

• I must act as per the terms and conditions of the contract to fulfil the same. I must ensure that the roles and responsibilities of the terms are fulfilled under the contract.
• The other party have more or so the same responsibilities under a contract as the contract is formed between two parties on mutually agreed terms and conditions which both parties are obligated to fulfil. Thus, the other party must also ensure that after taking the consideration under the terms of the contract they should ensure that all the conditions in the contract are fulfilled.
• Any act or omission by either party which is deviant from the terms of the contract and create an obstacle in fulfilment of the terms and conditions of the contract would be termed as breach of the contract. The act or omission may be done with good intent but if it disturbs the performance of the contract it would be termed as breach.

Industrial Relations:

1.

3. I would employ well skilled monthly wages workers who would do the work efficiently because it would be most economic option I have rather than employing contractors or workers on hourly or daily wage basis. Moreover as i am registered as a company it would be easy for me to maintain workers records and fulfil the requirements under the statutes.
4. The employers must provide atleast these things to their employees.

• Decent and safe working conditions.
• Adequate compensation.
• Reasonable leaves.
• Minimum health benefits.
• Proper training and education about the work.
• Work satisfaction and counselling.

The employer must keep atleast these documents from the employees.

• His proof of identification and address details.
• His proof of education and skill details.
• His proof of previous employments if any.
• His work reports.
• His proof of office behaviour and time spend for work.

5. Discriminations prohibited while employing are:-

1.                                 i.            Discrimination on the basis of colour, caste, race or creed.
2.                               ii.            Discrimination on the basis of any disability or non communicable disease.
3.                             iii.            Discrimination on the basis of language or dialect.
4.                             iv.            Discrimination on the basis of economic condition.
5.                               v.            Discrimination on the basis of origin.
6.                             vi.            Discrimination on the basis of nationality.