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Legal and Compliance Requirements of The Business in Australia

Table of Contents

Part -A- Research and identify legal requirements for compliance.

Part B- Regulatory policy and framework.

Part-C- Compliance and continuous improvement

Part A- Research and Identify Legal Requirements for Compliance

List of standard requirements for Futura Ocean Bar and Restaurants

I. Australian Business Number registration (ABN) - Australian government

This is a requirement if an enterprise or business is operating in Australia. An ABN act as an identifier for business dealing with Australian taxation office and other government agencies and department. The license defines the certification and registration undertaken for specific business activity and extension of services for bar and restaurant facility to the existing business at Futura Ocean bar. In the application process for ABN proof of identity is required, this may include personal tax file number or business tax file number (Australian government, 2020)

  • Key benefits of ABN are –Transaction facility online with government agencies
  • Eligibility requirements
  • Business structure

Starting up or a continuing enterprise

Food Standard Code in Australia

  • Fees and Forms- No fee requiredfor this.
  • Registration of business and ABN requires the below link for registration on Australian government business register portal https://register.business.gov.au/https://abr.gov.au/ABRWeb/AbnApply.abr?pid=71

Advisory through the Department of Planning, industry, and environment for Sydney city for stakeholder engagement

The bar and restaurant facility will take the service for import of beverage products hence has to comply with Country of Origin Food Labeling Information Standard 2016 for labelling and substance added to food (Australian government ,2019).

II. GST Registration

The Futura bar and restaurant turnover are expected to be around $3.5 million. The GST turnover is expected the first year of operations. Reclaiming of GST component for the price of goods and services (Australian government, 2020).

III. Approval for outdoor dining

This approval is required for the intent alfresco dining area where table chairs are used by patrons for the consumption of food and drinks. The license will be applicable for 7 years for outdoor dining. The timings ascertained between 8am to 10pm. The assessment will be done by the Sydney council (NSW, 2019).

IV. Approval for mange license premises –New South Wales

A licensed premises is authorized to sell alcohol for consumption. The approval requirements are above 18 years of age, holding an RSA competency card. This approval covers the Liquor Act 2007 and Liquor Regulations 2018 New South Wales (NSW, 2019)

V. Approval to display the sign on or new Futura Ocean bar would require advertising signage property. Futura bar and restaurant intends to put advertisement signage on either side of the road. This will include any product or sign on the road, near the doorway, beneath the road

The license eligibility states ownership of the land or approval of the owner

VI. Building certificate – Building certificate- New South Wales provides certification that building complies relevant legislation. Futura bar is reimbursed from its hotel chain. Once the construction is completed the certificate can be applied which is applicable for 7 years and requires no alteration and demolitions. The assessment will be done under Environment Planning and Assessment ACT 1979 (NSW,2019)

VII. Compliance certificate- This Compliance Certificate –New South Wales requires council and development activity for specific building work undertaken complies relevant standard of Environment Planning and Assessment Act 1979 New South Wales

VIII. Employer requirements- The employer requirements for superannuation contributions to eligible employees in addition to wages and salaries. The Superannuation Guarantee (Administration) Act 1992. Failure to pay superannuation will result in a penaltyof up to $10500 (Australian government, 2020).

IX. General business music license and license to play music at the workplace- The copyrighted music from within the global inventory of registered songs and sound recording. This license is to be taken from One music on eligibility requirements filled through ABN

X. National employee standard- The national employee standard by Australian government lay down ten minimum standard of employee entitlement under the Fair Work Act 2009

XI. On-premises license- This license is for alcohol consumption on-premises. This license requires a copy of Responsible Service of alcohol and council development check and community impact statement. The liquor regulation 2018 New south Wales premise extension of liquor beyond the timings prescribed in general (NSW,2019)

XII. Recognized competency card (Liquor) - The license permits the supply or sale of liquor at premises. The Responsible Service of alcohol course by training organization for approved manger and staff. This is applicable for 5 years (Australian government ,2020)

Insurance Required by The Restaurant Business

APRA body provide authorized general insurers that can provide accident liability or sickness of insurance for employees under worker compensation insurance and third party liability in case of an accident -

Payroll tax –New South Wales Payroll tax is calculated on the wages paid. Exceeding the monthly payroll threshold requires registration in New South Wales. It ranges from $71311 to $76230 in a month within 31 days. This attracts a penalty of 75% of the payroll tax on default of payment (Payroll tax, 2020).

A. Requirements to comply with the Food Act and the Australian New Zealand Food standard code

The food Act lay down provisions for food premises and equipment, food safety practices to be followed.

  • The food does not contains any unsuitable chemical agent that is foreign to nature. The food sold contains agvet chemical
  • The fixtures, designed should be clean with hygiene facilities for staff and safety precautions while preparing food

Requirements to comply at the local level

Local council appointment for enforcing action along with state requiems for monitoring food safety by restaurant and bar premises. Cleanliness and premise maintenance is necessary in case of local sample check and update on food safety requirements and of causing a threat to public

Procedure and requirements to extend liquor permits

  • The principal activity at the restaurants is serving food and application through extended trading authorization form not limited to primary service authorization if not filled already.
  • The extension of on premise hours depends on the category management impact statement for authorization.
  • The local statistics and if any objection received and history of the venue. Sign 6 hours closure for the permitted period

WHS requirement for the establishment

A contract should be in line with entitlements that include. The business shall not discriminate any person the basis of gender, religion for the operational wellbeing of staff. Anti-discriminatory act of NSW protects the right of the citizen while hiring individual by any business Maximum working hours (Service NSW, 2020)

  • Request relating to flexible working arrangements
  • Parental leave entitlements
  • Annual leave
  • Personal leave, domestic leave
  • Community service leave
  • Fair work statement
  • Long service leave
  • Public holiday
  • Notice on termination

WHS standard of the establishment

Work health and safety are the involvement of management in ensuring the health and safety of everyone in the workplace. The work health and safety standard. It establishes a code of conduct for education, training at the workplace, and fair regulation minimization of risk.

Legal advice on insurance and worker provisions for Futura business would be required to guide them for an extension on premise liquor extension and compliance of food and safety standard at the organization

Part B- Regulatory Policy and Framework

I. Operational procedure for staff employed

  • A food handler who report to work mandatorily goes through temperature check and cleaning check before handling any equipment to prevent health endangerment of clients and others
  • Any non-disclosure by staff will result in disciplinary actions and the strict imposition of fine
  • Staff working in a food handling area must maintain good hygiene level and waste of quality practice and cross-contamination (Food safety ,2015)

II. Organization of staff for complying with local and state regulation

  • Proper storage and staff ground facilities for change of clothes
  • Design of kitchen for ventilation and drainage of waste to ensure hygiene by head chef
  • Separate area and source for storage of non-absorbent and pre-screening of flooring, kitchen area for removal of harmful material to ensure adequate space for chef and apprentice working (Food standard, 2011).

III. House policy on service of alcohol

House policy is written by management by following the legal framework. Any specific concern will be recorded in the incident form and daily address. The manger will be monitoring the records of all daily staff. Review date fortnightly

  • Ensure patrons are carrying valid government ID and deny entry of intoxicated people
  • To comply with RSA license and do not serve alcohol to anyone under the age of 18
  • Reporting of an incident relating to ant-social behavior or violence due to excessive drinking to the immediate supervisor.
  • Meet staff every two weeks to identify problems and review incident log
  • Provide a list of emergency numbers on the front desk
  • Have security staff to maintain the premises periodically for safety

IV. Superannuation and payroll tax

The secondary rate is currently taken up as 9.5 %. The penalty overall will result in up to 75% of the base amount (Australian tax office, 2020). The scenario breakup for weekly, fortnightly and monthlys given.

V. Hiring position for the manager –Food & beverage team

At Futura, we believe in engaging and providing memorable experience .We are looking for creative, well informed people to join our team. We invite applications for the same.

Location Sydney

Education- Graduate (any stream)

Compensation- As per industry standards

Job description

  • Planning menu and consulting with the chef for cost estimation and secure environment.
  • Developing revenue and maintaining security and ensure compliance at the bar
  • Listen and responds to customer query and monitor dining room facilities Please send your application at hr@futuragroup.com at the earliest.

Round-1-Telephonic interview

Round2-In-person interview

Note –We provide equal opportunity at the Futura group. To know more about us www.futuragroupculture.com

VI. National Employee standard for the Futura restaurant and bar

  • No. of maximum weekly hours

The maximum weekly hour is 38 for full-time employees and casual employee

  • Flexible working arrangements

An employee with any medical reason, require home hours due to family arrangements may opt for flexible working. This is subject to business ground

  • Annual leave, paternal and maternal leave

Full-time employees are entitled to annual leaves for 4 weeks. The employee may apply for paternity leave and maternal leave with due notice to the company.

  • Community service leave and public holidays

Fair work agreements for the public holiday are applicable as per the New South Wales policy. Community service leaves allow voluntary absenteeism from the organization

  • Long service leave and anotice of termination-

The recognition of employees for long service leave as per employee review by management is awarded. The organizations provides notice to employees subject to the period of continuous services as per National Employee standard. This ranges from a minimum of 1 week to 3-week notice.

VII. Anti-bullying and harassment policy

Purpose- The purpose of this policy is to outline the Futura group guidelines towards harassment and bullying

  • Any employee may complain about workplace bullying not limited to inside the premises to the human resources department.
  • Unlawful discrimination will lead to a legal proceeding under Anti-dissemination legislation
  • The complaint will be registered on verbal discussion and written report to our disciplinary committee

All action will be taken within 4 weeks. The incident report and accident form will be maintained by the unit manager at the premise

Part C- Compliance and Continuous Improvement

I. A compliance management program through audit and compliance program will help in ascertaining non-compliance activities (The ame group, 2020).It will help in ascertaining the magnitude of operations deficiencies related to the department. This will ensure the monthly evaluation. The internal ticketing system will provide a red flag measure towards ignorance of activities in the management operations

II. This will ensure management response to the problem with rectification by the source of problem and unearthing of legislative and legal actions for modification to reach employee individually

III. To keep up to date with legislations.

  • We will ensure the monitoring of government websites.
  • By industry group and associations for the latest trend and upkeep.
  • Internal compliance team for compliance for data reports and online portal maintained by the team

IV. It takes the right distributive initiative to ensure employee compliance and management upkeep through policies.

  • Update through the internal communication team for updation on the company policy and regulatory requirements.
  • Setting deadlines for company policy acknowledgment through outlook or calendar update by team internal system to ensure readability by all staff
  • Importance of policy framework to be linked with organizational growth and sustainability by regular support to guide them for policy changes

V. E-data management for Automatic data capture easily documents company policy and data scheduling for verification (The ame group,2020).This can be effectively used through enlisting standard procedures customized to company requirements and data overview by repository applications

Reference List for Legal and Compliance Requirements

Australian government. (2019). Business. Retrieved from https://www.business.gov.au/Risk-management/Insurance/Business-insurance

Australian government. (2020). ABLIS. Retrieved from https://ablis.business.gov.au/search/services?curl=H4sIA

Australian taxation office. (2020).Key superannuation threshold. Retrieved from https://www.ato.gov.au/rates/key-superannuation-rates-and-thresholds/?anchor=Superguaranteepercentage

Food safety. (2015).NSW food regulation. Retrieved from https://www.foodsafety.com.au/laws-requirements/location/new-south-wales

Food standard. (2019). Retrieved from https://www.foodstandards.gov.au/code/Pages/default.aspx

NSW Government. (2020).Liquor license. Retrieved from https://www.liquorandgaming.nsw.gov.au/operating-a-business/liquor-licences/liquor-licence-types/on-premises-licence

Payroll tax Australia. (2020).Details payroll. Retrieved from https://www.payrolltax.gov.au/

Safe work Australia. (2020). Retrieved from https://www.safeworkaustralia.gov.au/law-and-regulation

Service NSW. (2020).RSA Requirement. https://www.service.nsw.gov.au/transaction/apply-rsa-or-rcg-competency-card

The ame group. (2020). the benefit of compliance management for your business. Retrieved from https://www.theamegroup.com/benefits-compliance-management-business/

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