Consumer Law and Policy Consumers and its Competitor

Question: Describe about the Consumer Law and Policy for Consumers and its Competitor. Answer: BHP Billiton provides that they are totally in favor of compliance with competition laws, and they take steps to enforce this law on the third parties who take an anti-competitive approach towards BHP Billiton Limited. The company is totally against the policy of fixing price and the process of bid rigging with respect to the consumers and its competitors. As a part of compliance with competitive law, the company does not fix competitive terms, like the process of fixing limits and discounts. The company does not engage in anti-competitive practices like restraining its productivity. The company also restricts itself from going into agreements with other companies, which provide for such restrictions. The company is completely against anti-competitive market policies like the allotment of markets, geological boundaries, manipulation of supplies and fixing customer base. The company also does not support ignoring or impose sanctions on suppliers and customers in relation to the company (BHP Billiton 2016). The company also follows a training program for its employees where they make the employees aware of the significance of competition law and fair-trading in the market. In addition, the company also provides its employees and customers with, the process of secretly informing and inspecting any event with respect to breach of competition law (BHP Billiton 2016). BHP Billiton limited has documented these policies and strategies through their official website in under the head of operating with integrity and competition law compliance. BHP Billiton Limited takes several steps to promote legal literacy and awareness about the significance of compliance with competitive law among its employees and customers. BHP Billiton Limited investigates any event with respect to the breach of competitive law compliance, evaluates its causes, and makes the employees and its customers aware of the findings so that such event does not take place in the future. The employees of BHP Billiton Limited whose role is such that they are very vulnerable to the risk of non-compliance with competitive law, as they frequently are into interaction with the competitors of the company, are regularly made aware about the significance of competition law in their role. They also provide them with frequent training on how to deal with situation, which might lead to the breach of competition law. They are also informed and trained about the significance of anti-corruption policies related to their role in the organization. This kind of training and awareness is mostly focused of their role in the business and is conducted either online or personally (BHP Billiton 2016). The internal employees of BHP Billiton limited are also frequently made aware of the issues related to anti-competitive behavior in the company. This is spread by frequent messages from the senior management about the significance of compliance with competitive law. The employees are also given the power to report any suspicious breach of competitive law polices within the organization or by its customers to the senior management (BHP Billiton 2016). After reading Chapter 16 of Tony Ciro, Vivien Goldwasser and Reeta Verma, Law and Business, 4th ed, Oxford University Press Australia, Melbourne, 2014 the recommendations, which would enhance the management activities of BHP Billiton, Limits with respect to compliance with competitive law are (Ciro, Goldwasser and Verma 2014): BHP Billiton Limited should take the measures of enforcing the compliance with competitive law through legal processes; they should follow the policy of taking legal action against any competitor, employee or customers who is engaged in malicious activities with respect to the breach of competition law. If the company takes this step then the individuals associated with it will always think twice before take a step towards the breach of completion law. This step will give immense power and control in the hand of the company towards preventing anti-competitive behavior and forcing others to abide by regulatory compliance of competition law. BHP Billiton should provide incentives and rewards to those employees and customers who work in accordance with the competitive law compliance. This will not only motivate the individuals who are already working in compliance with the provision of competitive law but also , those who are still not able to adopt these provisions as they will be eager to earn the rewards and incentives. BHP Billiton should introduce compulsory meeting and sessions with its employees and make them aware of the significance of compliance with competitive behavior. These meetings should conduct frequently and the employees should feel that this issue is of serious concern to the company. Moreover, these training and awareness sessions should focus more on the employees who have frequent interactions with the competitors and customers of the company, as they are more at risk of breaching the provisions of competitive law. These employees can easily be influenced by monetary attractions and other unethical benefits provided by the companys competitors. The company should design an efficient platform for the detection and reporting of anti-competitive activities within the company and with respect to its relation with the outside world. The employees of the company must feel safe while reporting these activities to the senior management. The company should also provide the employees with a platform to report the anti-competitive behavior of their senior officials. In this procedure, the name of the employees reporting the activity must be kept confidential so that they do not face biased behavior from their seniors. If BHP Billiton follows these recommendations, they can further improve their compliance with competitive law. Issue: The issue in this particular case is to determine the rights and remedies, which are available to Tina in relation with the Caf she has purchased, following the misleading and defective advice of Aspiring Minds PVT LTD Rule: The Competition and Consumer Act 2010 (Cth) (CCA) in Australia mostly govern entire aspects of this particular case. According to Competition and Consumer Act 2010 (Cth) (CCA), Schedule 2, Australian Consumer Law Section 4, any individual who makes a proposal for the future, without having any reasonable grounds to such proposal, and having the knowledge that such a representation is ambiguous and illusory, he is deemed to have made a misleading and deceptive representation. The individual making such misleading representation is deemed to have breached the provisions of the act unless he gives evidence that he had appropriate reasons to make such representation with relation to a future matter (Adams 2013). According to Australian Consumer Law (Section 18) , Competition and Consumer Act 2010 (Cth) (CCA) Under Schedule 2 , an individual is not supposed to get associated with any behavior , in relation to business activities , which is ambiguous and deceptive, or is probably to be illusory and misleading. This section applies without withstanding anything provided in part 3-1 of this act in relation to unfair terms (Tynan 2015). According to Australian Consumer Law(Section 37), Competition and Consumer Act 2010 (Cth) (CCA) Under Schedule 2, an individual is not allowed to make any representation with respect to activities concerning trade and commerce, in which he has appropriate grounds to believe that such representation is ambiguous and illusory. Such representation should also not be made by an individual if he thinks that it is probable that such representation is going to be deceptive and misleading (Corones 2013). The representation made by an individual should not be ambiguous and illusory with respect to any material aspect, or anything, which involves risk, loss, profit, and other business aspects for the person who is being represented misleadingly and deceptively (Knake 2014). He is not allowed to make any misleading representation according to which another person to invests effort or money into any business activity. According to of the Australian Consumer Law (Section 236), of the Competition and Consumer Act 2010 (Cth) (CCA) Under Schedule 2 , if an individual suffers materialistic loss with respect to the provisions of misleading and deceptive conduct provided in chapter 2 of the act. In addition, such loss is because of an act committed by another person, he is entitled to recover such loss from the other person or persons associated with that act. The person who has suffered a loss within 6 years can make such a claim, against the person or persons the misleading conduct of whom, has caused such loss. Application: If the provisions of section 4 of the Australian consumer law are applied to this particular case, it can be made out that Aspiring Minds PVT LTD has made a misleading and illusory representation to Tina about the future profitability of the caf business. The information provided by Aspiring Minds PVT LTD was not based on any reasonable grounds and was fraudulent in nature. If the provisions of the Australian Consumer Law(section 18) are applied to this particular case, it can be made out that Aspiring Minds PVT LTD had provided false and deceptive information to Tina with respect to the purchase of the caf, and breached the provision of this act. Applying the provisions of section 37 of the Australian Consumer Law, to this case it can be made out that Luke the CEO of Aspiring Minds PVT LTD had breached the provisions of the Competition and Consumer Act 2010 (Cth) (CCA) . Such provision has been breached by providing misleading information to Tina about the profitability of the Caf business and inducing Tina to invest towards Purchase of the caf. Tina had discovered that the information provided by Aspiring Minds PVT LTD was false and fraudulent, through the discovery of relevant documents inside the newly purchased caf. Tina can claim compensation against the misleading information provided by the company, within six years after the contract have been signed, according to section 236 of the Australian Consumer Law. Conclusion: Tina has the right to sue Aspiring Minds PVT LTD and claim compensation against the damages bared by her. The role of Australian Competition and Consumer Commission in remedies, which Tina is entitled to calm as a compensation against the misleading conduct of Aspiring Minds PVT LTD. The ACCC provides for a safer market place, for consumers and protects them, from being exploited by big industries (Whish and Bailey 2015). In this particular case, the ACCC gives protection to Tina through its legislations against misleading and deceptive conduct of Aspiring Minds PVT LTD. Such protection has been given to Tina under section 4, 18, 37 and 236 of the Australian Consumer Law (Steinwall and Griggs 2016). Section 236 of the act ensures that Tina is eligible to get compensation against the loss suffered by her from the company. Tina is also eligible to be compensated with $110000 under section 159 of the Australian Consumer Law, by Aspiring Minds PVT LTD, as it is a body corporate (Schaper and Cejnar 2016). The concept of bullying in a workplace in Australia is defined under section 789FD Fair Work Amendment Act 2013 of the When a person is victimized, humiliated, intimidated, or threatened in a way a reasonable person believes to be inappropriate he is said to be bullied. Bullying can be towards an individual or towards a group, that individual is a part of. This unreasonable behavior must create a health and safety hazard for the person on whom it is implemented, in order to be judges as bullying. Purpose of Australian Fair Work Commission in relation to bullying at work: The Australian fair work commission was given the jurisdiction to adjudge cases related to bullying at work place from the 1st of January 2016, through the Fair Work Amendment Act 2013. The purpose of the Australian fair work commission is to ensure and encourage pleasant, helpful and supportive workplace relations between the employees and the employers. It also hast the purpose of enforcing laws related to workplace in Australia. In doing this, it is the duty of the Australian fair work commission to ensure that every person within a workplace is treated reasonable and no activity with respect to bullying takes place within a workplace. It is the duty of the Australian fair work commission to provide support and remedies to the person who is genuinely being bullied at a work place after proper investigation. It also has the role to work as a mediator between the employee and the employer and solve problems related to bulling at work place. The Australian fair work commission also has the powers to set appropriate fine and penalties against a person alleged for bullying. It also has the role to spread awareness about the consequences of bulling at workplace and mak e the workers aware of the situations, which can be termed as bullying. Australian Fair Work Commission Functions: The Australian Fair Work Commission has a function of accepting application under section 789FC (1) of the Fair Work Amendment Act 2013 by workers, allegedly bullied at their workplace. The Australian Fair Work Commission begins to look into the matter within 14 days since such application has been made. The commission will look into the matter through investigation and can make the other parties to such application provide information under section 590 of the Fair Work Amendment Act 2013 If the commission is satisfied that the alleged bullying has actually taken place, it has the powers to make appropriate decisions to prevent the happening of such event in the future. If the member of the Australian Fair Work Commission is not satisfied that, such an application against the alleged bullying will be successful, he can dismiss the application in its initial stages (Australia 2013). The Australian Fair Work Commission under section 789FF Fair Work Amendment Act 2013 may make a decision, if it is satisfied that the worker who has made an application under section 789FC is actually being bullied, to stop the bulling. The Australian Fair Work Commission does not have powers to give a decision, which accounts to monetary compensation (D'Cruz et al. 2016). The court may order the principal or the employer of the alleged bully, to take appropriate actions against him for the offense committed by him. This action could be disciplinary action or any fine or penalty imposed of the alleged bully to stop him from doing the act in future (Australia 2013). The breach of an order by a person, made by the Australian Fair Work Commission will make the person liable to pay a civil penalty, but it will not be regarded as an offence (French, Boyle and Muurlink 2015.). Australian Fair Work Commission also has the function of spreading the awareness about bullying at workplace, among the workers and the employers for the betterment of workplace conditions (Allison and Bastiampillai 2016). Recommendations: If I were the human resource manager of an Australian Engineering company, I would have taken the following steps towards the management of anti-bullying activity within the organization: Zero tolerance policy- I would recommend to have a zero tolerance policy against the bullying at workplace. The rules and regulations made to prevent workplace bullying have to be implemented strictly. Strict disciplinary action has to be taken against those who are associated with such actions, which must include fines and penalties to prevent them from doing such actions in the future. Training- I would recommend frequent training and awareness programs for the workers. They should be made aware of the ill effects of bulling and the consequences such actions if committed by them. The employees being aware their rights and liabilities will not get associated with any such act within the organization. Investigation- I would recommend for establishing an anti-bullying committee within the organizations whose job will be to investigate any matter with respect to bulling at workplace. In addition, it would also decide the punishment and penalties for such actions based on their seriousness. Rewards: - I would recommend rewards for those employees who without any fear report the actions related to bulling at workplace. If proper information is received by us then we can take necessary actions to prevent such acts. References: Adams, B., 2013. Consumer law and policy in Australia and New Zealand [Book Review].Ethos: Official Publication of the Law Society of the Australian Capital Territory, (229), p.38. Allison, S. and Bastiampillai, T., 2016. 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Fair Work Amendment act 2013 French, B., Boyle, M.V. and Muurlink, O., 2015. Workplace Bullying in Australia: The Fair Work Act and its Impact. Knake, R.N., 2014. Legal Information, the Consumer Law Market, and the First Amendment.Fordham Law Review,82, pp.12-10. Schaper, M.T. and Cejnar, L., 2016. DEVELOPING ONLINE COMPETITION LAW EDUCATION TOOLS FOR SMEs.Competition Law, Regulation and SMEs in the Asia-Pacific: Understanding the Small Business Perspective, p.103. Steinwall, R. and Griggs, L., 2016. Australian Competition and Consumer Law Journal.Competition and Consumer Law Journal,24(1). Taylor, D. and McNamara, N., 2014. The Australian consumer law after the first three years-is it a success?.Curtin Law and Taxation Review,1(1), pp.96-132. Thampapillai, D., Tan, V., Bozzi, C. and Matthew, A., 2015.Australian Commercial Law. Cambridge University Press. Tynan, D., 2015. Australian consumer law [Book Review].Bar News: The Journal of the NSW Bar Association, (Summer 2015), p.78. Whish, R. and Bailey, D., 2015.Competition law. Oxford University Press, USA. Worth, B.L., 2016. Are we there yet? A return to the rational for Australian consumer protection.AUSTRALIAN JOURNAL OF COMPETITION AND CONSUMER LAW,24(1), pp.33-52.