Research Comply Regulatory Requirements Oz Assignments

Research Comply Regulatory Requirements Oz Assignments

Research Comply Regulatory Requirements Oz Assignments

Introduction

For complying any business many regulatory requirements and various laws and legislation are needed to follow in context to run the business effectively and ethically in all respect. The conduct of the business operations in different areas or sectors says hospitality, tourism, and travel or event business needs proper guidance and relevant laws for operating their business with suitable laws, policies and procedures.

In this assignment a qualitative research comply regulatory has been done as an F&B manager of the AITT hotel; in context with utilising the café place with full efficiency and conduct the business operations in regards with catering the tourists with good quality services and experience. For this the existing café place has been refurbishing or renovated as AITT Ocean Bar and Restaurant, providing all the facilities such as lunch, dinner and other party elements. For this, the restaurant operations have to be guided and fulfil all the requirements as per the Australian Government (Buchler, et al. 2010). Since the business type is Restaurant operations; located at 4810, Shelly Beach, QLD near the Townsville City. So, for operating the restaurant in this location various permits and licences are to be procured for fulfilling the legislative requirements under the government laws and for avoiding any wrong implementation of activities in conducting the business

Part A
Research and identify legal requirements for compliance

In this task, the profile of the restaurant are being a highlight and included common aspects of the business that are essential. The business type accounted as Restaurant Operations. It is located in Queensland, Australia near beach named Shelly. Addressing to the location the postal address mentioned is 4810, Shelly Beach, QLD, Townsville City Council (Xu, et al. 2013). Different aspects are covered under the restaurant operations, business operations, Employment terms, Taxation, Environment and Resources, Planning and Building, Products and services, Environment and Resources, Public Land and Roads.

RESTAURANT OPERATIONS

BUSINESS OPERATIONS

TAXATION

ADVICE ON REQUIREMENTS OF FOOD RELATED CODES AND LEGISLATION

AUSTRALIAN AND INTERNATIONAL STANDARDS INFORMATION SHEET

AUSTRALIAN BUSINESS NUMBER (ABN) REGISTRATION

APPROVAL TO ERECT ADVERTISING SIGNAGE/ PORTABLE ADVERTISING DEVICE

BACKGROUND MUSIC LICENCE

DUTIES ACT 2001

CODE OF PRACTICE FOR RESPONSIBLE SERVICES SUPPLY AND PROMOTION OF LIQUOR

CRIME PREVENTION - PERSONAL SAFETY AND PROPERTY SECURITY

GOODS AND SERVICES TAX (GST) REGISTRATION

COMMERICAL OTHER (SUBSIDIARY ON-PREMISES) LICENCE

CULTURAL SUPPORT UNIT

LAND TAX ACT 2010

COMMERICAL PUBLIC EVENT PERMIT

ELECTRICAL SAFETY ADVICE AND INFORMATION

PAYROLL TAX ACT 1971

EXTENDED TRADING HOURS (ONE-OFF)

FAIR TRADING ACT 1989

REGISTRATION AS A PAYG WITHHOLDER

FOOD ACT 2006

FAIR TRADING SERVICES

REGISTRATION OF WORKING HOLIDAY MAKER EMPLOYMENT

FOOD BUSINESS LICENCE (TOWNSVILLE)

GENERAL BUSINESS MUSIC LICENCE

TFN APPLICATION / ENQUIRY - COMPANY

FOOD STANDARDS CODE

IGNITE IDEAS FUND

TFN APPLICATION / ENQUIRY - INDIVIDUAL

LIQUOR LICENSING EDUCATION AND INFORMATION

INTRODUCTION TO SMALL BUSINESS PRACTICES

 

BACKGROUND MUSIC LICENCE

LICENCE TO PLAY MUSIC IN THE WORKPLACE

 

FRANCHISING CODE OF CONDUCT

LIST OF BANNED CONSUMER PRODUCTS IN AUSTRALIA

 

LIQUOR ACT 1992

NATIONAL BUSINESS NAME REGISTRATION

 

REQUIREMENT FOR SALE OF ALCOHOL

NATURAL DISASTER ASSISTANCE - ESSENTIAL WORKING CAPITAL

 
 

NATURAL DISASTER ASSISTANCE SCHEME

 
 

POLICE SPECIAL SERVICES

 
 

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

 
 

QUEENSLAND STARTUP EVENTS AND ACTIVITIES FUND

 
 

REGISTRATION AS AN AUSTRALIAN COMPANY

 
 

REGISTRATION OF A TRADEMARK

 
 

SMALL BUSINESS DIGITAL GRANTS PROGRAM

 
 

SMALL BUSINESS ENTREPRENEUR GRANTS PROGRAM

 
 

SMALL BUSINESS WEBINARS

 
 

STARTUP ATTRACTION - HOT DESQ


 

EMPLOYMENT

PLANNING AND BUILDING

ENVIRONMENT AND RESOURCES

ADVICE AND INFORMATION ON WORKERS COMPENSATION INSURANCE, WORKPLACE REHABILITATION AND EFFECTIVE CLAIMS MANAGEMENT

BUILDING ACT 1975

IMPACT ASSESSMENT AND ENVIRONMENTAL MANAGEMENT ADVICE TO BUSINESS AND INDUSTRY

ADVICE ON WORKPLACE HEALTH AND OCCUPATIONAL HYGIENE ISSUES

DEVELOPMENT PERMIT

TRADE WASTE APPROVAL (FOR LIQUID WASTE DISCHARGE TO SEWER IN TOWNSVILLE)

ANTI-DISCRIMINATION INFORMATION

SUSTAINABLE PLANNING ACT 2009

IMPACT ASSESSMENT AND ENVIRONMENTAL MANAGEMENT ADVICE TO BUSINESS AND INDUSTRY

EMPLOYER REQUIREMENTS - SUPERANNUATION GUARANTEE

 

TRADE WASTE APPROVAL (FOR LIQUID WASTE DISCHARGE TO SEWER IN TOWNSVILLE)

FAIR WORK INFORMATION STATEMENT

   

FIRE AND EMERGENCY SERVICES ACT 1990

   

FIRST AID CODE OF PRACTICE 2014

   

FIRST AID TRAINING

   

INDUSTRIAL RELATIONS ACT 1999

   

MANAGING NOISE AND PREVENTING HEARING LOSS AT WORK CODE OF PRACTICE 2011

   

NATIONAL EMPLOYMENT STANDARDS

   

PRIVACY (TAX FILE NUMBER) RULE 2015

   

SMALL BUSINESS FAIR DISMISSAL CODE

   

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998

   

WORK HEALTH AND SAFETY ACT 2011

   

TRAINING CONTRACT

   

WORKERS' COMPENSATION AND REHABILITATION ACT 2003

   

WORKPLACE FIRE SAFETY TRAINING DELIVERED BY QUEENSLAND FIRE AND EMERGENCY SERVICE

   

WORKERS' COMPENSATION-ACCIDENT INSURANCE POLICY

   

WORKPLACE PERSONAL INJURY INSURANCE POLICY-WORKERS' COMPENSATION QUEENSLAND

   

In order to provide a list of all licensing and legal requirements and permit we can include:

PRODUCTS AND SERVICES

PUBLIC LAND AND ROADS

ADVICE ON REQUIREMENTS OF FOOD-RELATED CODES AND LEGISLATION

APPROVAL TO ERECT ADVERTISING SIGNAGE/PORTABLE ADVERTISING DEVICES (TOWNSVILLE)

CODE OF PRACTICE FOR RESPONSIBLE SERVICE SUPPLY AND PROMOTION OF LIQUOR

 

COMMERCIAL OTHER (SUBSIDIARY ON-PREMISES) LICENCE

 

COMMERCIAL PUBLIC EVENT PERMIT

 

COMMONWEALTH GAMES ARRANGEMENTS ACT 2011

 

EXPORT SERVICES

 

EXTENDED TRADING HOURS (ONE-OFF)

 

FOOD ACT 2006

 

FOOD STANDARDS CODE

 

FOOD BUSINESS LICENCE (TOWNSVILLE)

 

LIQUOR ACT 1992

 

LIQUOR LICENSING EDUCATION AND INFORMATION

 

LOCAL GOVERNMENT DIRECTORY

 

QUEENSLAND GOVERNMENT LATE PAYMENT POLICY

 

PROCUREMENT POLICY ADVICE AND INFORMATION

 

SALE OF GOODS (VIENNA CONVENTION) ACT 1986

 

REQUIREMENTS FOR THE SALE OF ALCOHOL

 

LICENCE& LEGAL REQUIREMENTS

LICENCE

LEGAL REQUIREMENTS

Registration as Australian Company

Duties Act 2001

Registration of a Trade Mark

Fair Trading Act 1989

Food Business Licence (Townsville)

Development Permit

Background Music Licence

Privacy (Tax File Number )  Rule 2015

Licence to Play Music in Workplace

Payroll Tax

Trade waste approval (for liquid waste discharge to sewer in Townsville)

Privacy Act 1988

Commercial other (Subsidiary on-premises)

Liquor Act 1992

Extended trading hours (one-off)

Land Tax Act 2010

Approval to erect advertising signage/Portable advertising devices (Townsville)

Fire and Emergency Services Act 1990

Employer Requirements - Superannuation Guarantee

Tobacco and Other Smoking Products Act 1998

Training Contract

Anti-bullying laws- Fair Work Commission

Workers' compensation-accident insurance policy

Workers' Compensation and Rehabilitation Act 2003

Workplace Personal Injury Insurance Policy- Workers’ Compensation Queensland

Work Health and Safety Act 2011

Australian Business Number (ABN) Registration

Sale of Goods (Vienna Convention) Act 1986

Goods and Services Tax (GST) Registration

 

TFN Application/ Enquiry – Company

 

General Business Music Licence

 

Thus, it can be concluded from the above business terms, licence and legal requirements that the extension of the liquor licence is sought for trading hours between 10 am and midnight, 7 days per week can be cover under the liquor Act 1992 and it is necessary to provide or pass this information to the staff and other members working in the environment. Further, the operation that is going to take place will approximately need the National Employment Standards and mark the employment requirement that also regulates with staff training which can be done under the Training Contract. All the staff members that are recruited are provided with a relevant position in the business environment which includes a House Manager, a Head Chef, a Bar Manager, a Front of House Manager and a Sous Chef. On an average, the annual turnover of the business is expected to exceed to $ 3.5 million per annum (Paquete, et al. 2014). This can be depended on the number of Sales and Fair Trading Act that helps in generating revenue for the restaurant AITT. GST of around 12 per-cents as per the area is being charged and raised the level of the budget of the restaurant.

The commercial and other subsidiary practices can be concluded as the common means of such operations and other policies and procedures are practised by the business owner as per the Australian and New Zealand Regulations (Fuller, 2016). This can be highly based on the advertising means large the advertising sources and media involved as far as concern the location at Shelly Beach itself being the way of promotion and advertising signage to the property and business approach of the AITT Oceans and Bars Restaurants.  They shifted their entire business from Café to Bars and Restaurant that approaches to high music intensity medium for that they require licence from the government that is categorized as General Business music Licence that accounts on playing business and music using CDs and iPod for late night and Background Music licence and workplace licence for music play turns out to be essential factor for this kind services (O’Kane, 2012). Food Standards may apply to provide ingredients, additives, minerals, vitamins and colourings and processing aids that help in covering the composition of the food products such as dairy, beverages and meat etc. Under the code of practice, these resources require some of the additional information as contaminants and residues should be kept away and must be disposed of in the sewer system of the Townsville.

Part B

In the said task all the relevant policies and procedures are developed in the context of the aspects and factors identified in the part A. For operating the business with proper rules and regulations identifying proper policies and procedures is required for obtaining all the licenses and permits for the ethical and suitable conduct of the business.

1. List the requirements to comply with Food Act and the Australia New Zealand Food Standards Code.

As per the food standards 3.2.2 – Food Safety Practices and General requirements, Division 4, guiding the health and hygiene factors under the Subdivisions 1 and 2 the requirements that are to be compiled by the AITT for its restaurant and to guide the employees in accordance with the act the following requirements are needed:

Subdivision 1 — Requirements for food handlers

a. For food handlers that are being employed should acknowledge about any disease that affects its working
b. The foodborne diseases of any employee should be communicated prior to avoid any food contamination or infection (Jaworowska, et al. 2013)
c. Compliance of the practical measures such as clean clothes and workstations
d. Proper bandages and dressings for maintaining the hygiene of the food and workplace
e. Proper sanitation measures such as washing hands, no spitting or consuming tobacco at workplace

Subdivision 2 - Requirements for food business

a. The manager must ensure the diseases of any of the employee to be known
b. Food business should not permit the person engaged with critical foodborne diseases
c. Maintain all the hygiene subject to the food handlers in context with performing the duties with proper Hygiene (Newman, et al. 2014)
d. Easy accessibility to the sanitary facilities such as hand washing, soaps, warm water supply etc.
e. Inform the employees or food handlers about their key duties such as in regards to the health and hygiene
f. Taking proper and known consent from the food handlers to avoid any risk related to the food contamination or hazardous situation.
g. 
Take practical measures for ensuring the proper conduct of the business within the food premises such as taking precautions for contamination of food; preventing any unnecessary contact with the ready to eat a meal; protect food form micro-organisms while preparing the food.

2. List the requirements to comply with Food act at state and local levels.

Procedures required for ensuring the local government obligations for food safety are as follows:

1. The food act of the local government of the Queensland assist the restaurant with maintaining the safe and hygienic sale of human consumption
2. Proper labelling of food and its contents and composition of the requirements
3. Codes and legislation in regard to the food-related requirements for maintaining the  standards and regulation of the food safety
4. Protecting public health and assisting the food preparation within the guided legislative
5.  
Head chef will ensure proper food safety and hygiene for complying the food preparation with accuracy and cleanliness (O’kane, 2012)
6. Sous chef will be guided to ensure the food is served and prepared within a hygienic workplace and environment to satisfy the customers with the services
7. Training or apprentices will be organised in a way to meet the safety standards and operate in a clean and healthy environment by using all the food equipment's in a hygienic and sanitised way.

3. Obtaining liquor licence

For obtaining the liquor licences for serving alcohol in the refurbished bar and get a permit to serve alcohol in the trading hours of 10.00 am to the midnight (12.00 pm); a licence is to be obtained by the AITT under the Liquor Act 1992 – Queensland. The act will regulate the liquor serving and guide the employees for its proper compliance and mechanisms to avoid any penalties and legal action on the bar. The acts comply with legislation guiding the rule and regulations for serving the liquor products (Lee-Kwan, et al. 2013). The act suggests that the staff should be responsible for proving the hospitality services by fulfilling the practices and measures such as not serving alcohol after 12 pm. This is to avoid fines, fees and penalties. The act is guiding to run training courses and also restricts and limits the sounds and any noise or mischievous activities caused by the drunken man. For serving the liquor or alcohol in the bar to the customers a total of nine employees i.e. floor and bar staff. For serving the customers with best services and under the act, training should be given to the staff for responsibly serving the alcohol and liquor items (Kraak, et al. 2011). Under the training, procedures regarding the parties and events conducted in the bar and restaurant, proper guidelines to be followed while serving the liquor is strategies and communicated to the staff.

4. Overview of the legal tax obligation of the bar and restaurant

The various taxation that the AITT bar and restaurant has to follow in accordance to avoid any legal implications and fine and penalties are as follows:

1. The café is being refurbished into a bar and restaurant for which the tax norms are changed
2. First, the restaurant will obtain a business number registration
3. For guiding the proper use of land in accordance with the new refurbish restaurant LAND TAX ACT 2010  is to be followed and obtained
4. For filling up the taxes on the profit earned and services given the GST act is to be followed for which a GST registration number is to be obtained from the government by registering the business (Lawrence, et al. 2013)
5. For ethically complying the business operations laws regarding employing the staff and employers the payroll act and for providing the employees with proper benefits, registration of working holiday maker employment act is to be followed.

TAXATION

DATE

AUSTRALIAN BUSINESS NUMBER (ABN) REGISTRATION

1 November 2017

DUTIES ACT 2001

10 November 2017

GOODS AND SERVICES TAX (GST) REGISTRATION

2 November 2017

LAND TAX ACT 2010

30 October 2017

PAYROLL TAX ACT 1971

1 November 2017

REGISTRATION AS A PAYG WITHHOLDER

3 November 2017

REGISTRATION OF WORKING HOLIDAYMAKER EMPLOYMENT

4 November 2017

TFN APPLICATION / ENQUIRY - COMPANY

  1. November 2017

5. Complying NES and EEO while recruiting employees and staff in the AITT restaurant

Task 1: procedure for advertising, selection, interview and recruitment of employees

The National Employment Standard (NES) is guided to secure the employees from any misconduct or secure them from any discrimination (Paquet, et al. 2014). The set act has standards which are favouring and guiding the employees in accordance with their role and duties. The employees in the restaurant are to work for 14 hours in two shifts day and night and that too for seven days, the training staff will be dedicated to working for only 6 hours a day with a week off. Each staff will be paid equally without any discrimination and biases as per their duties and role. The head chef will undertake the training of the apprentices (Shakeela, et al. 2011). The EEO i.e. Equal Employment Opportunity is to be followed by the restaurant manager in context with the proving benefits to the employees without any discrimination based on the colour, race, national origin etc. The set policy is made and implemented in the business to protect the rights of the employees.

Task 2: National Employment Standards are as follows:

1. Maximum weekly hours: AITT will work for maximum 55 hours
2. Flexible working hours: to give employees proper rest
3. Parental leaves and privileges: allowing workers for availing leave i.e. 30 days in a year
4. Personal carers leave and compassionate leave: granting leave for any emergency and medical condition
5. Community service leave: unpaid leave for any misconduct or not in the jurisdiction
6. Long service leave: such as in case of maternity or facture voluntary leave is granted
7.  
Public holidays: all the public holidays are granted to the employees
8. Notice of termination and redundancy pay: leaving a job will attract the 45 days’ notice period and then the salary will be paid

6. WHS requirement for establishment

The Anti-bullying and Harassment policy for the AITT restaurant and bar is in accordance with securing the staff and customers from being exploited and harmed (Xu, et al. 2013). For this, the WHS legislation complying the Work Health and Safety act 2011 is also followed and considered while preparing the procedures at the workplace. The procedure is as followed:
1. Grievances cell is formed for complaining and handling the fights and any misconduct
2. Guiding the duties and proper procedures for following the roles
3. Redundancy of work is avoided by giving one task to a one person
4. Disputing unfair treatment or misbehave of the workers to the customers by taking proper action on the staff or employees

Part C

Compliance and continuous improvement

Question 1

There are certain systems that help in ensuring the business continuous development. They can be listed as:
a. Decision Support Systems (DSS)
b. Round the Clock Monitoring System
c. ERP/SAP System
d. Business Process Management (BPM) System
e. Key Performance Indicators (KPI)

One of the effective ways to make sure that the business is running on a track is through monitoring on the basis of the key performance indicators. Key performance indicators for the business metrics can help in improving the financial progress and monitoring the systematic operations of the restaurant (Duffey, et al. 2010). The top advisor and managers of the organisation like AITT Oceans Bar and Restaurant can ensure the success of their operations on keeping the following prospects in mind:
1. 
Can Check on the service time and assistance to the consumer in expected time duration
2. Availability of the resources-  seats, proper staff
3. Regulating on the hygiene level
4.  
Attire of the people that are serving to the customers
5. Menu Dishes to be provided as marked and serving pattern must be trained to the staff
6. Quality of the food must be check regularly
7. Staff recruited from the entrance to department level of the restaurant must be monitor regularly
Under the Food Act 2006, the sale of the food that is suitable for the human consumption can be accounted in providing the services to the restaurant's consistent evaluation (Kraak, et al. 2011). This all key indicators can provide services to the user and helps in the continuous development of the restaurant. 

Question 2

Food Standards Australia New Zealand (FSANZ) is an independent statutory agency that parts of the aging portfolio and responsible for developing standards. These standards are related to the labeling, composition, advertising of food and packaging of the material. Modifications in the system can help in providing a consistent evaluation of the restaurant that can be relevant to the rating levels of the restaurant (Lee-Kwan, et al. 2013). Such as if the services provided to the consumer are proper then they can rate their restaurant on the basis of the food, hygiene level, proper staff attainment, serving pattern etc.

Michelin rating of restaurants can provide relevant data to the restaurant to cope up with the area of improvement. Such as if they are provided rating guidelines on the regular audits that can be guided as

On the basis of their Hygiene level, they can implement about health and safety practices for the managerial purpose. The operational standards in the workplace can guarantee the instantaneous food supply by overcoming the difficulties (Jaworowska, et al. 2013). Different standards and relevant certificates for developing new products can help in rating the restaurant performance. This can be considered from the questionnaires and the evaluation criteria that management of restaurant and food materials having the operational standards at the workplace to be optimal with the production team. If the food of the restaurant is not to the mark then relevant measures will be taken and implemented to overcome those difficulties.

Question 3

Managing Compliance training is no longer an exercise for just marking in the box. It regulates with the scope of compliance training and broader on the part of fostering the compliance. Challenges that organisation faces while managing training needs proper monitoring (Shakeela, et al. 2011).  Changes in the marketplace, products and regulations all consider being effectively leaning management system that enables a thorough audit of the compliance.

  • Keep a check on the divisional policies and procedures along with the individual departments in the restaurant
  • To check regularly on site of Food Standards Australia New Zealand (FSANZ) to format best policies and standards for costumes
  • Must check the policies and procedures easily accessible for their staff and in favour of improvement in restaurant
  • Must provide the services on time duration if any changes involves must be understood and use them correctly
  • As the location is near beach so must conduct pest control and hygiene practices guides and check if any update in their guidelines or policies or code of practices (Newman, et al. 2014)

Such as the Food Act 2006, Code of Practice for Responsible Service Supply and Promotion of Liquor must be checked.

Question 4

The services offered by the region of Townsville are to enhance the safety of the people. This approach is made in order to re-evaluate the methods that result in providing latest research regulatory requirement on the policies and legislation along with the problems that are encountered with the anti-bullying behaviour, Harassment and other practices must be highly avoided (Lawrence, et al. 2013), This is termed with the duties of WHS that are legislated with the Work Health and Safety (WHS) 2011 can help in providing the duty that not transferable and must manage the risk that ensures about the roles and responsibilities of the worker. To provide them with a safe and healthy workplace it is necessary to ensure about:

  • Facilities that workers must be adequate
  • They must notify and record each and every incident occurred at workplace
  • Compliance related to health and safety regulation of work must be listed
  • Safe use of the plant, substance and structure must be checked
  • If necessary must accommodate the workers if provided

The training contract must be signed duly so as to ensure about the working levels and responsibility and providing relevant information if any changes occur in the organisation practices with the result of their key performance system (Hawkes & Lonstein, 2011).

Question 5

The administering agency that provides the documentation on the way to manage the compliance and continuous improvement are:

  • Queensland health
  • Health Protection Unit
  • Food Safety Standards and Regulation

This agency under the act of Food Act 2006 provides a review and appeal to the decision that can be taken into practice by different organisation and can ensure about the enforcement of managing their working place through maintaining a balance on the reviews of decisions that are documented in chapter 9 of the Food Act 2006 (Buchler, et al. 2010). Local governments have the responsibility issue a notice to the restaurants and bars and other food business if they do not comply or fail to comply with the improvement notice and will be listed under the offence and be prosecuted from the business. The authorised person in the organisation can investigate and serve the notices and remove the defaults that are carriers for the significant penalties. This investigation helps them to remove and ensure health risk practices are significantly diminished (Hebden, et al. 2011).

Conclusion

The study about the AITT Ocean Bar and Restaurants can operate in the Townsville area and can extend their services in the restaurant business. The operations that are carried out provides an estimate of the Charges that can be indicted in order to provide the extension of the liquor licences for their restaurant and also other certain laws and legislation were approached in order to maintain their business in optimised conditions. As their business is new so many sources were approach such as adverting or providing the information about their restaurant in Journals, Magazines, Newspaper or through online sources. The requirements of the operations that they acquaint for running their business are listed under the licensed standard code and staff procedures. Along with these requirements, the local governments and other practices are ensured so as to comply with the National Employment standards and other practices regulated by WHS which need to be regularly monitored.

Refernces

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