Basic Legal Obligations for Aussie Grills
The primary aim of this paper is to enumerate the legal and regulatory framework surrounding the Aussie Grill, an Australian accommodation and food service industry and chalk out the suitable legal business structure for operation. Business structure lays out the legal and regulatory structure of the firm that is recognisable by the jurisdiction. The legal parameter of the Australian legal system encourages entrepreneurship and development of small sized business across the Country (Business.gov.au, 2021). This paper will understand the legal business governance favourable for the business structure of Aussie Grill and understand the imposition of specific business regulations by the Government in terms of development, economic viability and legality Lastly, the paper recommends legal framework for operation by the Aussie Grill and concludes the paper by enumerating the relevant legalities.
There are certain basic legal formalities that every business must abide by in order to initiate the inception and incorporation procedure of business operations. The inseparable legal obligations of Aussie Grills to venture into business in Australia are listed below (Isaeva & Leshchenko, 2019).
- Business Structure: The proposed and the viable business structure for Aussie Grills is the Company Business Structure, as it is a for profit organisation in the hospitality industry (Mees & Smith 2019).
- ABN Registration: Before starting its business under the Company Structure in Australia, Aussie Grills is required to apply for an ABN Number to allow the Government Authorities, other business ventures and the Australian public to identify Aussie Grills as a legitimate business venture. To satisfy the requirements of ABN, Aussie Grills must be a registered Australian Company with provision for the products and services that it offers (Moodie et al., 2019).
- Taxation: Depending upon the type of business, every business must formulate and structure their taxation considerations and requirements. As a business in the hospitality industry, Aussie Grills will have to abide by the taxation laws and legislation for that industry. As a Company, Aussie Grills must have its own Tax File Number (TFN) and file returns according to financial years. Additionally, if the Company earns more than $75,000 it must register itself under GST (Mees & Smith 2019).
- Insurance: Aussie Grills will have both tangible and intangible assets as well as fixed and fluctuating Capital for operations. Hence, Public Liability Insurance (PLI) is a must for the Company. Although, PLC is not mandatory however, it is advisable to have relevant PLC for relevant strata of the Company’s operations, as PLC is relevant for some state-by-state licensing procedures (Moodie et al., 2019).
- Business Name Registration: “Aussie Grills” is a unique name and is not in current use by any other business. Aussie Grills is registered with the ASIC and is listed on both the ASIC and the Business Names Register (Mees & Smith 2019).
- Trademarks: Aussie Grills will have to apply for the appropriate and relevant trademarks to safeguard its intellectual property like the logo, the brand name, the symbol, the tagline and so on. Trademarking is extremely crucial for businesses to eliminate misuse and malpractices of the businesses’ intellectual property rights and prevent violation of Companies Act and Australian Governance Policies for Businesses. Trademark is also crucial to build a distinctive brand in the market and among the customers (Moodie et al., 2019).
- Contracts: For Aussie Grills, the clear enumeration and access to contracts is extremely vital. Being in the hospitality industry, Aussie Grills will need to have relevant contracts and agreements in place to operate as a direct service provider to the customers and act as a legitimate business operation in the Australian Market(Mees & Smith 2019).
- Team Members: Aussie Grills will be required to document each and every member of its Company, from the highest level of management to the lowest level of work profile. This will allow the Company to formulate the necessary employment agreements and policies in sync with the Australian Governance needs (Moodie et al., 2019).
- Regulations: Aussie Grills will require appropriate and adequate license to operate in different states and cities around Australia. The type of licence is informed by the Fair trade, building commissions or industry bodies. Being a food service provider, Aussie Grills will require approval and rating from the Food Safety and Health Council as well as appropriate licenses to conduct business (Mees & Smith 2019).
The additional legal frameworks will bind the Aussie Grills as a company and will receive the relevant approval for operation initiation in the Australian Market. The additional requirements for legal and procedural legislations within the business structure are listed below.
- Fair Trade Laws: Fair Trade Laws ensure the legality and authenticity of the business venture as per the Australian Regulations. These laws ensure fair trade practices, competitiveness and customer information by the organisation. As part of the Fair-Trade Practice, Aussie Grills will be required to know the Australian Consumer Laws and formulate its business structure based on the same. Laws like measurement laws, pricing and labelling laws, MRP laws and so on are also part of Fair-Trade Laws (O’Donnell & Macpherson, 2019).
- Privacy Laws: This Law enumerates the handling of customer data like name, address, age, order, payment details and so on by Aussie Grills. This law is the cornerstone for business data security and privacy (Waye, Verreynne & Knowler, 2018).
- Employment Laws: Employment laws are in place to promote fair employment and association practises. This law outlines the employment agreement, remuneration, reimbursement, unfair termination, and associated laws to promote legally binding employment business structure(O’Donnell & Macpherson, 2019).
- National Anti-Bullying Laws: This law is key to prevent corporate misconduct, bullying and harassment. Situations like abuse, assault, harassment, unfair termination, working conditions, bullying and so on are part of this law. Aussie Grills must abide by the same to operate (Waye, Verreynne & Knowler, 2018).
- Environmental Protection Laws: With growing business obligations towards the environment and strict government guidelines for the same, the issue of relevant Robust Environmental Permits and Licences are required by the Aussie Grills to effectively operate, keeping in mind the CSR policies and guidelines of the Company in association with the Environmental Laws, administered by the Local and Federal Government (O’Donnell & Macpherson, 2019).
Additionally, some of the considerations to be made to understand the appropriate business structure for operation by the Aussie Grills in the Australian Market are listed below.
- Data:Before starting any business, the collection of relevant data is absolutely vital to assess the viability of the proposed business plan and its considered structure. Data like density, population, need, demands, trend, similar businesses, investors, area of operation and so on are critical to the inception, initiation and continued operation of any business (Clibborn & Wright, 2018).
- Legalities: For Aussie Grill, being in the accommodation and food service business, the acute and detailed understanding of the relevant business structure that is feasible for the business and the Australian Economy is vital. In case of Aussie Grills, the business can expect considerable support by the Government in regards to developing the hospitality industry (Guerin, 2022).
Conclusion
The above materials conclude the paper by listing the Company Business Structure for Aussie Grills as the most appropriate and suitable business legal and regulatory framework for operation. The Aussie Grills is part of the hospitality industry and a for profit organisation, since it caters to the food service and accommodation needs in Australia. Hence, to establish itself as an Australian Business, it must understand the industry it is operating in and the benefits of operation by the Australian Government and the contributions to the Australian Economy. Governance and Jurisdiction plays a crucial role in the business space and the understanding of the type of business, identification of the suitable business structure, provision for structural governance and the benefits, contribution and impact on and to the local Economy and Government ensures the successful initiation and operation of the business.
References
Business.gov.au. (2021). Accommodation and food services industry | business.gov.au. Retrieved 9 December 2021, from https://business.gov.au/planning/industry-information/accommodation-and-food-services-industry
Clibborn, S., & Wright, C. F. (2018). Employer theft of temporary migrant workers’ wages in Australia: Why has the state failed to act?. The Economic and Labour Relations Review, 29(2), 207-227. DOI: https://doi.org/10.1177/1035304618765903
Guerin, T. F. (2022). Business model scaling can be used to activate and grow the biogas-to-grid market in Australia to decarbonise hard-to-abate industries: An application of entrepreneurial management. Renewable and Sustainable Energy Reviews, 158, 112090. DOI: https://doi.org/10.1016/j.rser.2022.112090
Isaeva, E. A., & Leshchenko, J. G. (2019). Evaluation of the effectiveness of modern models of regulation of financial markets. ?????????? ?????????, 13(10), 2045-2066. DOI: 10.18334/ce.13.40967
Mees, B., & Smith, S. A. (2019). Corporate governance reform in Australia: A new institutional approach. British Journal of Management, 30(1), 75-89. DOI: https://doi.org/10.1111/1467-8551.12298
Moodie, C., Hoek, J., Scheffels, J., Gallopel-Morvan, K., & Lindorff, K. (2019). Plain packaging: legislative differences in Australia, France, the UK, New Zealand and Norway, and options for strengthening regulations. Tobacco control, 28(5), 485-492. DOI: https://dx.doi.org/10.1136/tobaccocontrol-2018-054483
O’Donnell, E., & Macpherson, E. (2019). Voice, power and legitimacy: the role of the legal person in river management in New Zealand, Chile and Australia. Australasian Journal of Water Resources, 23(1), 35-44. DOI: https://doi.org/10.1080/13241583.2018.1552545
Waye, V., Verreynne, M. L., & Knowler, J. (2018). Innovation in the Australian legal profession. International Journal of the Legal Profession, 25(2), 213-242. DOI: https://doi.org/10.1080/09695958.2017.1359614
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