Question 1 10 marks 500 words
Engineers Australia's National Congress approved a new Code of Ethics and Guidelines on Professional Conduct in 2010. The Code explains:
'In the course of engineering profession we will:
[Note: The 2010 Code is also upoaded to Moodle]
Choose an ethical dilemma confronted by mangers in a culturally diverse engineering organisation and critically appraise the utility of the above ethical framework to assist managers to respond to that dilemma. Comment on the importance of securing ethical values and principles through an appropriate regulatory framework.
Note: You are required to refer to the 2010 Engineers Code of Ethics and the concepts discussed in LAWS20061 course materials from Topic 2 Ethics for Managers.
Question 2 10 marks 500 words
'The law reflects the changes that are occurring in society and can be an instrument for change, such as in the area of law reform. Recognising that legal rules are changeable, managers should be active in bringing about beneficial changes that enhance business activity. Managers should also utilise the law as a valuable tool to carry out and achieve management goals.'
Question 3 10 marks 750 words
Messina Corporation Ltd (Messina) is a global corporation involved in various large infrastructure projects in different countries around the world. Although its Head Office is located in Hamburg, it has branch offices to oversee it operations in various countries. Its Australian office is located in Sydney. While its board of directors usually meets in Hamburg, they do occasionally hold board meetings and make decisions involving local projects in countries where they have significant interests. Messina has a significant presence in Australia with mining and natural gas operations currently underway in Queensland and Victoria. Messina has recently been made aware by its research division of the prospect of substantial coal seam natural gas deposits within metropolitan Melbourne, Australia. As an initial step to confirm the nature and size of these deposits, Messina must conduct test drills into the gas deposits and take some samples. The undertaking of this project will require engaging local private contractors to undertake various aspects of the drilling project. As well, negotiation, licenses and agreements will need to be entered into with the Victorian government as well as needing to work co-operatively with relevant local councils. The Board of Messina also appreciates that significant community consultation will also be necessary for such a potentially sensitive project.
In January 2014 Messina entered into 'Heads of Agreement' with the Victorian state government as a public private partnership in relation to the development of the project and for sharing profits on sale of gas should the project prove to be commercially viable and profitable. As a first step, Messina has entered into a further written agreement with Cavalier Consultants, a consulting firm comprising engineers, geologists surveyors and a team of experienced management consultants who will project manage the operation on behalf of Messina. However, in order that their bid to manage the project should be successful, Cavalier, in their meetings and through e-mail and text messages with representatives of Messina, had exaggerated their level of experience in managing such projects. They told Messina that they had considerable experience when in fact, while they had managed several major construction projects, they had never managed a gas exploration and drilling project and never in a built up metropolitan area.
Cavalier has contracted with Forrest Pty Ltd, a local drill operator in order to commence the test drills. The contract with Forrest specifies that the drill must be delivered and installed by the end of April 2014 so that drilling can commence in May. Forrest has agreed to this time-line by email only. The particular drill required for this project is unusually long and Forrest has had to arrange special permits to give it road clearance to transport the drill to the site. This has caused considerable traffic congestion on surrounding roads. Added to this, as Forrest was getting the drill onto the site it got tangled up in overhead power wires and brought these down. This caused a power failure in the surrounding area including to Melbourne's second airport, for several hours. This also directly affected some local businesses including a small goods wholesaler who had a consignment of small goods go bad due to shutdown of it refrigeration units during the power failure caused by Forrest. The small goods wholesaler couldn't complete some of its supply contracts as a result.
You are a manager employed by Messina. The Senior Vice-President has asked you to draft a memorandum outlining Messina's rights and responsibilities according to the Australian law of contract.