Essay: Licences, Permits, And Insurance For Setting Up And Operating A Business In Australia.

Tax Obligations and Registrations

For this project you are required to prepare a portfolio of information to allow for the establishment of a licensed construction business, including legal and financial obligations of the company.  

You are the owner of a new construction/building company that needs to be registered to undertake domestic, commercial and medium-rise contracts. Your company will employ at least one Class 1 Labourer, at least one qualified carpentry tradesperson and at least one carpentry apprentice.

You will need to create your own business name, including a business address and contact details. The business will need to be registered and as the owner you will need to be licensed (assume you have completed the necessary educational building qualifications and you can provide evidence of at least 2 years supervisory experience).

Assume your business will turnover around $1.2m per annum (average individual project cost $400,000) with the work being undertaken within the city boundaries where you currently live.

Prepare a portfolio that includes evidence of the information/requirements to legally operate your construction business, including the website source of the information:

Note: You should provide scanned/saved copies of proformas obtained from relevant websites that have been completed using your own personal information (personal information may be fabricated in line with your business name) 

1. Outline the process required to establish an individual Tax File Number (TFN) and registration for GST. 
2. Identify the relevant business taxes associated with your business. 
3. Outline the process required to establish an Australian Business Number (ABN). 
4. Outline the process required to establish a business registration using your own made-up name. 
5. Outline the process required to establish a builder’s licence as the Nominated Qualified Supervisor that allows you to undertake domestic/commercial/medium-rise projects.
6. Outline the process required to establish personal, property, project, Workers Compensation and Public Liability insurances for the business and its employees. 
7. Describe how you would ensure a secure record keeping system of critical documents and where they will be kept for easy access. 
8. Prepare a statement of intent for your business to use renewable materials in preference to non-renewable materials in line with environmental protection legislation. 
9. Identify two ways your business will maintain the interests of the client through fair trading practices.  

For this project you are required to prepare a resource folder to be used for the recruitment of a Class 1 Labourer, carpentry tradesperson and carpentry apprentice for your business. The document should include:

• a criteria statement that would appear in a newspaper or employment website
• the selection process that is merit-based and complies with equal opportunity principles and legal workplace agreements
• dispute resolution process
• superannuation entitlements. 

The following issues need to be addressed and included in the recruitment resource folder: (Maximum 100 words for each for each point below)

 
1. Relevant federal or state industrial awards for labourers, tradespeople and apprentices are to be identified and rates listed. The standard daily/weekly hours of work should be stated including: breaks, overtime, annual leave, long service leave and rostered days off. The source (website(s)) of the award details should be included in your document for employee reference and further information. 

2. Outline a suitable employment agreement/contract for each of the categories listed in 2.1 above, including the source (website) of the details. Outline the principles and legalities of how each of the workplace agreements is to be implemented. 

3. Outline the equal opportunities principles for recruitment and the procedures for employment termination and redundancy, including notice of termination and redundancy pay. The source (website) of the principles and procedures should be included in your document for employee reference and further information. 

4. Outline the process for dispute resolution, including the source of the process and identification of the body responsible for implementation/mediation within your home state. 

5. Identify a suitable superannuation fund/scheme for each of your employees. 

For this project you are required to identify the components of the OHS and Welfare Act that relate the business enterprise you are operating. Prepare an OHS/WHS Work Safety Management Plan that includes the following elements:

1. Provide a brief summary of the provisions of the Act that relate to on-site and off-site situations.

2. Identify and list the approvals and/or permits required prior to commencing work on the types of projects your business undertakes.

3. Briefly summarise your understanding of the rights and responsibilities of workers in relation to the Workers Compensation Act.

4. Briefly outline the regulations relating to noise abatement and daily working hours, i.e. starting and finishing times in line with the Act. Include a weblink to your local authority that regulates noise for building and construction sites.

5. Identify and outline the arrangements for rehabilitation and return to work for injured workers. 

1. A tax file number is issued by the Australian taxation office to a organisations so that they can manage their tax obligation. The process of registration is different for individuals and companies. A company for the purpose of applying for a TFN has to do it through Australian business register website at the same time when applying for ABN. Registration for GST can be done online or through a registered agent. Registration must be done within 21 days when the GST turnover has reached the threshold. Registration can be done by calling on phone 1328 66. Registration can also be done through a registered tax or BAS agent. https://www.ato.gov.au/Forms/TFN---application-for-individuals

2. The taxes which are associated with the business are as follows

1. Company tax- any Australian resident company has to pay company tax at the rate which is preset by the government. Therefore as a business is registered in Australia we have to pay company tax.
2. Capital gain tax- capital gain tax would have to be paid by the business in case there has been some profit through the disposal of an asset. This tax is paid as a part of income tax.
3. Goods and services tax- this is a tax which needs to be paid by the company on most services and goods which are consumed or sold in Australia. Almost all businesses are required to register for GST with the ATO.
4. Payroll tax- this tax needs to be paid on the wages paid to the Employees.
5. Fringe benefit tax and land tax- this tax has to be paid in case circumstances arise.

https://www.ato.gov.au/Business/Starting-your-own-business/

3. The application for an Australian business number can be made online. For making an application a person would require and tax file number, tax agent registration number, professional advisor number, Australian company number, the start date of business activities, legal name of the company, authorised contacts of persons such as tax agents, details of Associates, details about the business activity which is to be carried out and the location at which the business would be operated. Immediately after the application has been completed and online notification about the ABN would appear. https://www.business.gov.au/registrations/register-for-an-australian-business-number-abn

4. For the purpose of registering a business name which has been selected by me the first and foremost requirement is that of having an ABN. When the name has been decided it needs to be analysed in terms of is Availability on the Australian securities and investment Commission website. It also has to be analysed whether such name has not been registered as a Trademark to avoid breach of copyright laws. The application for registering business name can be done through business registration services. https://asic.gov.au/for-business/registering-a-business-name/steps-to-register-your-business-name/

5. For the purpose of carrying out construction work a contractor licence would be required. In the application it is needed to identify a nominated supervisor who has to be a supervisor or employee of the organisation and have an individual contractor licence. For applying to get this licence a person would require Australian identity document, company ABN, nominated supervisor details and contractor licence number. The licence can be applied online. https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/2997/~/builder-licensing

6. A person owning a business can be subjected to liability for injuries or damages caused to any person or property associated with the business. Workers compensation insurance has to be purchased separately from general business owners’ insurance policy. It is dependent upon the state that workers compensation insurance is to be provided by the state or a private insurance company. It is mandatory for business owners to have such insurance in place. These insurance can be easily purchased from insurance brokers such as AP Intego. https://www.business.gov.au/risk-management/insurance

Licences and Permits for Construction Work

7. It is important for business organisations to comply with the lord related to privacy. In case any confidential document is leaked it may lead to legal consequences. In our business secure Record Keeping system is ensured by keeping the confidential data into an encrypted cyberspace which is protected by 6 layers of password security. Easy access is insured by using fingerprint scanners and retina scanners so that the use of long passwords can be avoided. Latest technology is also implemented in order to ensure the security of the confidential data under the Privacy Act 1968

8. The Environment Protection and Biodiversity Conservation Act 1999 provides for businesses to use renewable materials over non renewable materials with respect to their operations. In order to comply with the provisions of the legislation the company places to use renewable materials for carrying out its construction operations as far as possible. The organisation will also ensure that any waste which has been formed at the construction site would be recycled as much as possible for further use. The organisation would also ensure that it contributes towards the environment by indulging into social responsibilities such using biodegradable materials where possible.

9. The fair trading legislation in Australia is the Australian Competition and Consumer Act 2010. The legislation provides that a business should not indulge in to anti competitive activities which may be detrimental to other businesses and the consumers. The legilsation also provides for the Australian consumer law to ensure that the consumers are treated fairly. In compliance to the legislation the organisation pledges to be strictly against action such as price fixing or insider trading which may be considered as anti competitive activities. In addition the organisation restricts itself from indulging into any kind of misleading are deceptive conduct while dealing with the clients. The organisation also does not carry out any form of bait advertisement for include unfair terms in consumer contracts. The organisation also ensures that it provides consumer guarantee to the clients as stated by the legislation to ensure that they are treated fairly.

1. The relevant Award for labourers include WA award. The Western Australian Industrial Relations Commission has awarded a payment of $16 every week increase in the minimum wages for labours which has lifted the wages to $708.90 per week. A person is allowed to work daily for a period of 8 hours and for a period of 48 hours in the Week. They have to be provided with a break of 30 minutes every day. They have to be also provided with leaves such as annual leave, parental leave, casual leave, maternity leave and carer’s leave. They are to be provided a day off every week.  Website: https://www.commerce.wa.gov.au/labour-relations/wa-award-summaries

Insurance for Business Owners

2. The contract for class one Class 1 Labourer is as follows

The Class 1 Labourer would be provided with a wage $708.90 per week

They would be required to work daily for a period of 8 hours and for a period of 48 hours in the Week

The trades’ person would be provided with a weekly wage of $726.90 for working at least 38 hours a week

In case of extra hours the pay would be $19.13 per hour

The Apprentice would be provided with a weekly wage of $347.80 for working at least 38 hours a week for the six months and $455.50 next year.

The agreement would be implemented as per the respective awards https://www.commerce.wa.gov.au/labour-relations/wa-award-summaries

3. Equal opportunity principles provided that when selecting or recruiting an employee they have to be provided with an equal opportunity irrespective of their gender, race, maternity status, age, disability or sexual orientation. There has to be no discrimination at all which means they should not be provided with an inferior treatment because of a particular trait. They would be provided with proper notice or payments when they would be terminated. There would be no unfair or wrongful dismissal. In case of redundancy they would be selected on pre established principles. They would also be made entitled to redundancy payments. www.fairwork.gov.au/...workplace.../notice-of-termination-and-redundancy-pay

4. The process of dispute resolution helps to ensure that disputes are not taken to the court and are resolved at ADR level to save time and money for both parties involved in the dispute. The process of dispute resolution generally includes Arbitration, conciliation or mediation. In these processes the dispute is solved by the help of a third person who is neutral to the dispute. The process not only saves time but is also very cost effective. The body which is responsible for alternative dispute resolution in WA is Legal Aid WA. https://www.legalaid.wa.gov.au/find-legal-answers/about-law/mediation-and-dispute-resolution

5. A person has the option of selecting a superannuation funds from variety of options. The option which is best suited needs to be selected. For the purpose of my business the option which I have selected is a corporate fund. I have selected this fund as it is fund which a company arranges for the employees. This fund is included as a separate part of a large industry or retail super fund which is suitable for small and medium sized employers like us. Through this fund all profits will be returned to the members. They also provide a wider range of option in relation to investment.

Compliance with Privacy and Environmental Laws

1. The legislation which is responsible for the arrangements on off and on sides is the Work, Health and Safety Act 2011. The purpose of this legislation is to provide protection to the health and safety of the employees and all other people who might be affected by the work of an organisation. All workers of an organisation are protected by the legislation which also include employees, contractors, subcontractors outworkers, apprentice and trainees, work experience, students volunteers and employees who performed work. The legislation places the duty of primary health and safety on the person conducting the business activity. The person has to ensure that as far as reasonably practicable the health and safety of workers onsite and offsite has to be insured. The care taken should be reasonable.

2. The approvals and permits which are required to undertake construction work in the country include the following

1. Building licence
2. Gas fitting licence
3. Plumbing licence
4. Electrical licence
5. development applications zoning approvals
6. obtaining a white card
7. heavy vehicle licence
8. carrying out high risk work licence
9. fire management and safety
10. removal of asbestos
11. disposal of waste
12. Handling and storing Chemicals and dangerous substance licence.

3. All these licence have to be in place in order to avoid any breach of law.

Workers compensation act has been enacted for the purpose of providing insurance to the employees in case they are injured at work. They have the right to claim compensation even in case they are injured at work or become sick. In case there is any injury or sickness with respect to an employee they can contact the state government and the owner of the organisation to claim the compensation. However it is the responsibility to ensure that they follow the instructions laid down by the employer while working to ensure their own safety. They have to only make a claim in relation to what is sufficient to compensate their injury and not more.

4. In West Australia construction work is permitted to be carried out between 7am to 7pm on Monday to Saturday without general restrictions applicable on other sources of noise. No noise is permitted from construction work on public holidays and Sundays. Construction work has to be carried out in compliance with section 6 of Australian Standard 2436 – 1981 Guide to Noise Control on Construction, Maintenance and Demolition Sites. It also provides for the use of equipment which is quietest such as electric cement mixture over petrol in a way which minimises noise. https://www.armadale.wa.gov.au/construction-noise

5. Returning to work quickly has positive impact on the organization. When a worker is returning to work after the injury it is the obligation of the employer to ensure that the employees are not provided with heavy work load. The employer also has the obligation of making necessary arrangements in place to ensure that the returning working is not having any problems to get into the system in a smooth manner.

References

Competition and Consumer Act 2010

Environment Protection and Biodiversity Conservation Act 1999

Health and Safety at Work Act 2011

Privacy Act 1968