Doing Business in Australia: How to negotiate and deal more effectively with business and government

By Kevin Egan

How to do business and be more successful in Australia

·        Increase revenue by gaining better terms and conditions with your contracts.

·        How to sell additional products and services, Increasing profitability through negotiating better terms a

• Language: English
• Publisher: Kevin Egan
• Release date: Apr 19, 2024
• ISBN: 9780645904819

Kevin Egan

Kevin has lived and worked in Australia for most of his professional life. He is married with two children. He started his career working on a factory floor. Not satisfied with factory work, he set off on a journey to create a successful life and career. This is a remarkable story of a person who was intellectually, economically and emotionally bankrupt and worked his way from obscurity to personal and business success.During his career, Kevin has acquired a wealth of knowledge and experience across various Australian businesses and industries. Kevin has worked with a wide range of businesses and industry groups.These include; local and state governments, transport and logistics, retail, warehousing, energy, banking & finance and education.Kevin has held various positions. They include senior partner, state and national management positions, director and senior consultant roles.He is currently conducting delivering key note presentations, lectures and training programs for international visitors on Australian business, leadership and management practices.Kevin holds a Master's degree in business administration and is the author of 'How to find work in Australia and 'Success Strategies'.Kevin's local business and academic skills makes him the ideal author for this book. Arrange for Kevin to speak at your next event.

Book preview

chapter 1

Introduction

The Australian Constitution serves as the foundational document that shapes the structure of the Australian government and establishes the framework for the legal system in the country. It outlines the division of powers between the federal and state governments, establishes the structure and functions of the legislative, executive, and judicial branches, and enshrines fundamental rights and freedoms.

When considering doing business in Australia. I wanted to provide broad overview of the Australian Constitution and legal framework particularly how it relates to doing business in Australia. When we consider the establishment and maintenance of positive working relationships with Australian business and government. I think it’s important just how significant the legal and framework is to Australian business. When we consider the myoid of compliance and regulatory matters. Namely, the complex taxation system, trade practices and consumer protection laws. Not to mention the complicated and difficult workplace relations and employment law requirements. Therefore, I will provide a comprehensive overview of the Australian Constitution, the structure of the Australian Government, and the Australian legal system, with a particular emphasis on how these systems impact businesses operating in Australia.

The Australian Constitution serves as the foundation for the Australian system of government, outlining the powers of the Commonwealth Government and the States, and establishing a separation of powers between the legislative, executive, and judicial branches of government.

The Australian Government is divided into three levels: the Commonwealth Government, State Governments, and Local Governments. Each level of government has different areas of responsibility, and it is important for businesses operating in Australia to understand the roles and responsibilities of each level of government.

The legal system in Australia is based on the common law system inherited from England, and is made up of both federal and state laws, as well as a complex system of courts and tribunals. The legal framework for conducting and managing business activities in Australia is extensive, and it is necessary for businesses to be aware of the relevant laws and regulations.

In the following sections, we will provide a more detailed exploration of the Australian Constitution, the structure of the Australian Government, and the Australian legal system, highlighting their implications for businesses operating in Australia.

The Australian Constitution

The Australian Constitution is the fundamental legal document that governs the Commonwealth of Australia. It outlines the structure of government, the distribution of powers between the federal and state governments, and the rights and responsibilities of Australian citizens. It is a complex and multifaceted document that reflects the unique political and social context of Australia.

The Australian Constitution is the fundamental legal document that governs the Commonwealth of Australia.

The Constitution was drafted in the late 19th century, and came into effect on January 1, 1901, when Australia became a federation of six states, namely New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania. The Constitution consists of eight chapters, containing a total of 128 sections. Each chapter outlines a specific aspect of the Australian system of government, from the establishment of the Commonwealth of Australia to the resolution of disputes between the federal and state governments.

Chapter One establishes the Commonwealth of Australia as a federation, with the states retaining their separate identities but coming together under a common government. Section 1 states that The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives. This provision sets the framework for the Australian system of government, with power divided between the federal and state governments.

Chapter Two outlines the powers of the Governor-General, who is the representative of the King Charles III in Australia and acts as the ceremonial head of state. The Governor-General is appointed by the King Charles III on the advice of the Prime Minister and serves as the commander-in-chief of the Australian Defence Force. Section 2 outlines the powers and functions of the Governor-General, including the power to assent to bills passed by the federal parliament and the power to appoint and dismiss ministers of the government.

Chapter Three of the constitution on outlines the structure and powers of the federal parliament, which is composed of two houses: the House of Representatives and the Senate. The House of Representatives is made up of 151 members, each representing a specific geographic area known as an electorate. The Senate is made up of 76 senators, with 12 from each of the six states and two from each of the two territories. The Senate has the power to block legislation passed by the House of Representatives, making it a powerful check on the power of the government. Section 51 outlines the areas in which the federal parliament has the power to make laws, including taxation, defence, and trade and commerce.

Chapter Four outlines the role and powers of the executive branch of government, which is responsible for implementing and enforcing the laws passed by the parliament. The executive is headed by the Prime Minister, who is the leader of the political party or coalition of parties that commands a majority in the House of Representatives. The Prime Minister appoints other members of the executive, including the cabinet, which is responsible for the day-to-day administration of government. Section 64 outlines the powers and functions of the Governor-General in relation to the executive, including the power to appoint and dismiss ministers and the power to dissolve the House of Representatives.

Chapter Five outlines the role and powers of the states, including their power to make laws in certain areas and their role in the federal system. The Constitution provides for a system of federalism, in which power is shared between the federal and state governments. Section 107 outlines the relationship between the federal and state governments, stating that Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth.

Chapter Six outlines the role and powers of the judiciary, including the High Court of Australia, which is the highest court in the land. The High Court is responsible for interpreting the Constitution and resolving disputes between the federal and state governments, as well as hearing appeals from lower courts. Also establishes the principle of judicial independence, stating that judges shall be appointed by the Governor-General on the advice of the federal government and that they shall hold office until they reach the age of 70. Section 72 outlines the circumstances in which a judge may be removed from office, including misconduct or incapacity.

Chapter Seven outlines the procedures for amending the Constitution, which can only be done through a referendum. A referendum is a national vote in which all Australian citizens over the age of 18 are eligible to participate. In order for a proposed amendment to be passed, it must be approved by a majority of voters in a majority of the states, as well as a majority of voters.

Chapter Eight contains miscellaneous provisions, including the provisions for the adoption of the Constitution by the Commonwealth and the repeal of the Imperial Acts, which were the laws passed by the British Parliament that governed Australia before federation.

One of the unique features of the Australian Constitution is the inclusion of a Bill of Rights, known as the Australian Constitution Act 1901. This document sets out a number of fundamental rights and freedoms, including freedom of religion, freedom of speech and association, and the right to trial by jury. However, the Australian Constitution Act is not enforceable by the courts, meaning that there is no formal mechanism for enforcing these rights.

Another important feature of the Australian Constitution is the system of federalism, which provides for a division of powers between the federal and state governments. This means that the federal government has limited powers and that the states retain significant autonomy in areas such as education, health, and law enforcement. This system of federalism is designed to ensure that power is distributed across different levels of government, providing for greater accountability and responsiveness to local needs.

The Australian Constitution is a complex and multifaceted document that reflects the unique political and social context of Australia.

The Australian Constitution is a complex and multifaceted document that reflects the unique political and social context of Australia. It outlines the structure of government, the distribution of powers between the federal and state governments, and the rights and responsibilities of Australian citizens. While it has been amended over the years, the basic framework established by the Constitution has remained largely unchanged since federation in 1901. The Constitution remains an important and enduring symbol of Australian democracy and national identity.

The Structure of the Australian Government

The Australian system of government is a federal system, meaning that power is divided between the national government (known as the Commonwealth or Federal government) and the six state governments and two territory governments. Each level of government has its own distinct responsibilities and functions, and they work together to ensure that Australia is governed effectively and efficiently.

At the national level, the Commonwealth government is responsible for areas such as defence, foreign affairs, immigration, and trade. The Commonwealth government is headed by the Prime Minister, who is the leader of the political party or coalition of parties with the most seats in the House of Representatives (the lower house of the national parliament).

The national parliament is made up of two houses: the House of Representatives and the Senate. The House of Representatives is made up of 151 members, who are elected by popular vote every three years. The number of members allocated to each state is based on the population of that state, with larger states having more members. The Senate is made up of 76 members, with each state and territory having an equal number of senators. Senators are elected for six-year terms, with half of the Senate facing election every three years.

The role of the national parliament is to pass laws and make decisions on matters that affect the entire country. In order for a bill to become law, it must be passed by both the House of Representatives and the Senate. Once a bill is passed by both houses, it is sent to the Governor-General for Royal Assent, which is the final step in the legislative process.

In addition to passing laws, the Commonwealth government is also responsible for administering national programs and policies, such as the national healthcare system (Medicare) and the national disability insurance scheme (NDIS). The Commonwealth government also collects taxes and distributes funds to the state and territory governments to help them carry out their responsibilities.

At the state and territory level, governments are responsible for areas such as education, healthcare, infrastructure, and law and order. The state and territory governments are headed by a Premier or Chief Minister, who is the leader of the political party or coalition of parties with the most seats in the lower house of the state or territory parliament.

Each state and territory has its own parliament, which is responsible for passing laws and making decisions on matters that affect that state or territory. State parliaments are made up of two houses, except for Queensland, which has a unicameral parliament. The upper house of each state parliament is usually called the Legislative Council, while the lower house is usually called the Legislative Assembly or House of Assembly.

The role of the state and territory parliaments is to pass laws and make decisions on matters that affect that state or territory. In some cases, state and territory laws may conflict with Commonwealth laws, in which case the Commonwealth law takes precedence.

In addition to passing laws, state and territory governments are responsible for administering state-specific programs and policies, such as public transport and local infrastructure. They also collect taxes and distribute funds to local governments and other organisations within their jurisdiction.

At the local level, government is provided by councils or shires, which are responsible for areas such as local infrastructure, waste management, and community services. Local councils are elected by the residents of the local area and are headed by a Mayor or Shire President. Local councils are funded through a combination of rates (local taxes) and grants from state and federal governments.

The structure of government in Australia is designed to ensure that power is distributed across different levels of government, providing for greater accountability and responsiveness to local needs. The federal system of government provides for a division of powers between the national government and the state and territory governments, while local councils provide for governance at the grassroots level.

The system of government in Australia is characterised by a complex and layered structure, with each level of government responsible for different areas of policy and governance. This can sometimes lead to overlap or tension between different levels of government, but it also provides for a range of perspectives and voices to be represented in the decision-making process.

In recent years, there has been a push towards greater collaboration and coordination between different levels of government, particularly in areas such as infrastructure planning and service delivery. This has led to the development of mechanisms such as the Council of Australian Governments (COAG), which brings together the Prime Minister, state and territory leaders, and representatives from local government to discuss issues of national significance.

One area where collaboration between different levels of government is particularly important is in relation to Indigenous affairs. Indigenous Australians are the country’s first peoples, and their ongoing marginalisation and disadvantage is a major issue in Australian society. Responsibility for Indigenous affairs is shared between the Commonwealth and state and territory governments, and there has been a push in recent years for greater engagement and collaboration with Indigenous communities themselves.

Despite some challenges and tensions, the structure of government in Australia is generally regarded as stable and effective.

Despite some challenges and tensions, the structure of government in Australia is generally regarded as stable and effective. It provides for a range of perspectives and voices to be heard, and allows for decisions to be made at the most appropriate level of government. However, as with any system of government, there is always room for improvement, and ongoing efforts are needed to ensure that Australia’s governance arrangements remain responsive, accountable, and effective.

Here are some of the more common areas of responsibility for each level of government in Australia:

Commonwealth Government:

•Defence and national security

•Foreign affairs and international relations

•Immigration and border control

•Trade and commerce

•Social security and welfare

•Medicare (national healthcare system)

•National Disability Insurance Scheme (NDIS)

•Environmental protection and management

•Taxation and revenue collection

State and Territory Governments:

•Education, including schools and vocational education and training (VET)

•Healthcare, including hospitals and public health services

•Public transport and roads

•Law and order, including police and the justice system

•Housing and community services

•Environmental regulation and management

•State-specific policies and programs, such as mining regulation or tourism promotion

There are six states and two territories in Australia, each with its own government and parliament:

New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, Australian Capital Territory (ACT) and the Northern Territory.

Christmas Island and the Cocos (Keeling) Islands are external territories of Australia, which means they are not considered part of any state or territory. They are administered by the Australian government through the Department of Infrastructure, Transport, Regional Development and Communications.

Norfolk Island, another external territory of Australia, was previously self-governed but was integrated into the Australian state system in 2016. It is now administered by the Norfolk Island Regional Council, which has limited powers and responsibilities compared to the state and territory governments.

Local Governments:

Local infrastructure, including roads, footpaths, and parks

•Waste management and recycling

•Local planning and development approvals

•Community services, including libraries and community centres

•Animal control and regulation

•Local bylaws and regulations

There are currently 537 local government areas (LGAs) in Australia. These are made up of 128 LGAs in New South Wales, 79 LGAs in Queensland, 79 LGAs in Victoria, 68 LGAs in Western Australia, 57 LGAs in South Australia, 29 LGAs in Tasmania, 16 LGAs in the Northern Territory, and 1 LGA in the Australian Capital Territory.

Each LGA has its own council or governing body, which is responsible for making decisions on behalf of the local community in areas such as local infrastructure, waste management, and community service

Note that these responsibilities are not comprehensive, and there is often overlap or shared responsibility between different levels of government. For example, while the Commonwealth government is responsible for Medicare, state and territory governments are responsible for