CQUniversity Unit Profile
LAWS20063 Governance and Business Law
Governance and Business Law
All details in this unit profile for LAWS20063 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

Organisations are legal as well as economic entities. Managers are legally required to advance the interests of the organisation, yet firms and businesses operate in a diverse range of environments and as such require different governance systems. In this unit you will address the legal status of organisations and the corporate governance structures that should be established to ensure company directors and managers fulfill their legal and ethical obligations. You will consider international conventions and agreements from organisations such as the United Nations, the International Labour Organisation and the Organisation for Economic Co-operation and Development and how these influence legislation within different countries. You will examine the day-to-day legal and management issues faced by organisations, such as employment law, anti-discrimination and OH&S requirements, so that organisations act responsibly and ethically. The unit seeks to increase your awareness and understanding of the legal risks associated with management and business decision making.

Details

Career Level: Postgraduate
Unit Level: Level 9
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Only students enrolled in CL20 (Master of Business Administration), (CC52 Graduate Diploma of Business Administration), (CC51 Graduate Certificate in Business Administration), CM36 (Graduate Diploma of International Business), CL21 (Master of Business Management) and CL97 (Master of Business Administration (Global)) can enrol in this unit.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 1 - 2022

Melbourne
Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Postgraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Presentation
Weighting: 30%
2. Report
Weighting: 35%
3. Practical Assessment
Weighting: 35%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Student feedback in online workshops

Feedback

Several students provided feedback that they are happy with the unit content, even the content that does not directly align with their employment. In particular students stated they liked the modules on corporate governance and employment law.

Recommendation

Enhance the current materials for Term 1 2021. Align the law and content in the online workshops with practical examples and tasks that simulate industry issues and practices.

Feedback from Student surveys

Feedback

Improve access to Zoom link in Moodle

Recommendation

From Term 2 2020 Zoom links are now embedded in the tabs in Moodle. Also, Zoom links are created in Moodle in a folder related to online classes.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Assess and evaluate the key aspects of the legal systems that operate in Australia and internationally and their impact on the operation of organisations within different legal jurisdictions
  2. Analyse critically the legal issues that confront organisations and managers and explain the legal risks associated with key management decisions
  3. Assess and evaluate the specific legislation that governs managers and leaders action within organisations as they relate to employment, anti-discrimination, occupational health and safety and consumer law
  4. Analyse corporate governance frameworks that organisations need to employ to successfully manage business activity to minimize legal risks
  5. Evaluate the role of law in enabling an organisation to achieve its corporate goals through strategies that are socially responsible, sustainable and ethical.

The proposed change will assist in acquiring international accreditation. CQUniversity is currently pursuing accreditation with the Association of MBAs in the UK which specifically requires content dealing with Law, Governance and Risk.

Extracts from AMBA Accreditation criteria Section 7.4 states:

"(vii) the impact of environmental forces on organisations, including: legal systems; demographics; ethical; social and technological change issues;

(xiii) the international dimension to the above, including political risk and contemporary processes of regionalisation, emerging markets, global governance and globalisation".

Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Practical Assessment - 35%
2 - Report - 35%
3 - Presentation - 30%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Knowledge
2 - Communication
3 - Cognitive, technical and creative skills
4 - Research
5 - Self-management
6 - Ethical and Professional Responsibility
7 - Leadership
8 - Aboriginal and Torres Strait Islander Cultures
Textbooks and Resources

Textbooks

Prescribed

Corporate Governance: Principles, Policies and Practices

Fourth Edition (2019)
Authors: Bob Tricker
Oxford University Press
Oxford Oxford , Oxford University Press
ISBN: 978-0-19-880986-9
Binding: Hardcover

Additional Textbook Information

Both the paper and eBook text can be purchased at the CQUni Bookshop. Click on the Check for eBook link to be directed to Vitalsource. Search on the unit code here:http://bookshop.cqu.edu.au

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom, Webcam and Microphone
Referencing Style

All submissions for this unit must use the referencing style: American Psychological Association 7th Edition (APA 7th edition)

For further information, see the Assessment Tasks.

Teaching Contacts
Matt Nichol Unit Coordinator
m.nichol@cqu.edu.au
Rouh Shi Low Unit Coordinator
r.low@cqu.edu.au
Schedule
Week 1 Introduction to Unit and Corporate Governance Begin Date: 07 Mar 2022

Module/Topic

Introduction to Unit, Corporate Governance and Business Law

Chapter

Unit Profile and Moodle Navigation

Events and Submissions/Topic

Week 2 Governance I: What is a Corporation? Begin Date: 14 Mar 2022

Module/Topic

Legal Features of Australian Corporations 


Chapter

Bob Tricker, Corporate Governance: Principles, Policies, and Practices (4th ed 2019, Oxford University Press) Chapter 2.

Events and Submissions/Topic

Week 3 Governance II: What is Corporate Governance? Begin Date: 21 Mar 2022

Module/Topic

Legal Features of Corporate Governance

Chapter

Bob Tricker, Corporate Governance: Principles, Policies, and Practices (4th ed 2019, Oxford University Press) Chapters 1 and 3.

Events and Submissions/Topic

Week 4 Governance III: Corporations and Director Duties Begin Date: 28 Mar 2022

Module/Topic

Legal Duties of Directors, Officers and Employees of a Corporation

Chapter

Bob Tricker, Corporate Governance: Principles, Policies, and Practices (4th ed 2019, Oxford University Press) Chapters 4 and 7.

Events and Submissions/Topic

Week 5 Governance IV - Codes of Governance Begin Date: 04 Apr 2022

Module/Topic

Different Forms of Codes of Governance

Chapter

Bob Tricker, Corporate Governance: Principles, Policies, and Practices (4th ed 2019, Oxford University Press) Chapter 5.

Events and Submissions/Topic

Presentation: What is Corporate Governance? Due: Week 5 Friday (8 Apr 2022) 11:00 pm AEST
Vacation Week Begin Date: 11 Apr 2022

Module/Topic

Preparation for Assessment Tasks

Chapter

Events and Submissions/Topic

Week 6 Ethics I - Business Ethics Begin Date: 18 Apr 2022

Module/Topic

Law and Business Ethics

Chapter

Bob Tricker, Corporate Governance: Principles, Policies, and Practices (4th ed 2019, Oxford University Press) Chapter 9.

Events and Submissions/Topic

Week 7 Ethics II - Corporate Social Responsibility Begin Date: 25 Apr 2022

Module/Topic

Business Organisations, Law and Corporate Social Responsibility

Chapter

Bob Tricker, Corporate Governance: Principles, Policies, and Practices (4th ed 2019, Oxford University Press) Chapter 9.

Events and Submissions/Topic

Week 8 Business Agreements I: Contracts Begin Date: 02 May 2022

Module/Topic

Elements of Enforceable Business Contracts

Chapter

Julie Clarke, 'Contract', Australian Contract Law (Web Page, 14 October 2019).

Events and Submissions/Topic

Written Report: Corporate Governance Failure in Australia Due: Week 8 Friday (6 May 2022) 11:00 pm AEST
Week 9 Business Agreements II: Consumer and Competition Law Begin Date: 09 May 2022

Module/Topic

Overview of Australian Consumer and Competition Law

Chapter

Julie Clarke, 'Consumer Law', Australian Contract Law (Web Page, 14 October 2019).

Australian Consumer Law, 'A guide to competition and consumer law, Australian Competition and Consumer Commission (Web Page, 2016).

About the ACCC, Australian Competition and Consumer Commission (Web Page).

Anti-Competitive Behaviour, Australian Competition and Consumer Commission (Web Page).

Events and Submissions/Topic

Week 10 Employment Law I: Overview of the Australian Employment Law System Begin Date: 16 May 2022

Module/Topic

Overview of the Australian Employment Law System

Wages and Wage Theft

Chapter

Andrew Stewart, Stewart's Guide to Employment Law (6th ed 2018, Federation Press) Chapter 2.

Fair Work Ombudsman, 'Minimum Wages', Fair Work Ombudsman (Web Page).

Events and Submissions/Topic

Week 11 Employment Law II: Current Legal Issues in Employment in Australia Begin Date: 23 May 2022

Module/Topic

Topics include Termination of Employment, Anti-Discrimination and Gender Equity

Chapter

'Notice of termination & redundancy', Fair Work Ombudsman (Web Page).

'Coverage for Unfair Dismissal', Fair Work Commission (Web Page, 15 January 2020).

'Protection from discrimination at work', Fair Work Ombudsman (Web Page).

'About the Agency', Workplace Gender Equality Agency (Web Page).

Events and Submissions/Topic

Week 12 International Business Law Perspectives Begin Date: 30 May 2022

Module/Topic

Overview of International/Global Trade and Regulatory Functions of the World Trade Organization

Chapter

'WTO in Brief', World Trade Organization (Web Page).

'Trade', World Bank (Web Page, 13 March 2019).

'History of the multilateral trading system', World Trade Organization (Web Page).

The WTO, World Trade Organization (Web Page).

'What is the WTO?', World Trade Organization (Web Page).

Events and Submissions/Topic

Practical Assessment: Business Ethics and Wage Theft in Australia Due: Week 12 Friday (3 June 2022) 11:00 pm AEST
Review/Exam Week Begin Date: 06 Jun 2022

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 13 Jun 2022

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Presentation

Assessment Title
Presentation: What is Corporate Governance?

Task Description

Students are to record a professional 15-minute oral presentation that is supported by Power Point slides. The audience for the presentation will be the client of a professional consulting business. The presentation will explain 'best practice' modern corporate governance by identifying and describing the key corporations laws, governance rules and theories covered in the unit.


Assessment Due Date

Week 5 Friday (8 Apr 2022) 11:00 pm AEST

Submission by Moodle


Return Date to Students

Week 6 Friday (22 Apr 2022)

Assessment results and feedback will be released via Moodle


Weighting
30%

Assessment Criteria

The presentation will be assessed according to the following general criteria: ability to deliver a concise and structured introduction, main presentation and conclusion that meets professional standards in the use of audio-visual aids and verbal communication.

The content of the presentation will be assessed according to the following criteria: the ability of students to accurately identify the different sources of corporate governance rules in Australia, describe the key legal rules and theories of 'best practice' governance rules and evaluate the impact of governance practices on  an organisation's business activities, ethics, culture and stakeholders.

As Masters students you are required to engage in research as per the Australia Quality Framework (AQF) guidelines. Two specific requirements need to be considered:

  1. Students need to demonstrate “a body of knowledge that includes the understanding of recent developments in a discipline and/or area of professional practice".
  2. Students must demonstrate "knowledge of research principles and methods applicable to a field of work and/or learning”.

Each Masters unit has a number of required weekly readings in terms of academic texts, journals and business publications that represent the appropriate body of knowledge and recent developments referred to by the AQF. In order to demonstrate the ability to engage in appropriate research, students should read and utilise these texts and journals and publications. As Masters students you are expected to research beyond this minimum standard through additional texts, journals and studies to demonstrate an ability to engage in independent research.

A marking rubric will be made available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Submission is online by Moodle

Learning Outcomes Assessed
  • Assess and evaluate the key aspects of the legal systems that operate in Australia and internationally and their impact on the operation of organisations within different legal jurisdictions
  • Analyse critically the legal issues that confront organisations and managers and explain the legal risks associated with key management decisions
  • Analyse corporate governance frameworks that organisations need to employ to successfully manage business activity to minimize legal risks
  • Evaluate the role of law in enabling an organisation to achieve its corporate goals through strategies that are socially responsible, sustainable and ethical.

2 Report

Assessment Title
Written Report: Corporate Governance Failure in Australia

Task Description

Students are to select a recent corporate governance failure in Australia and obtain permission from the unit coordinator to use the topic for the written report. Students must write a detailed and properly structured business report that a legal expert would provide to management. The report requires students to use laws, regulations and theories covered in this unit to explain the organisation's governance structure, the governance failure, how the organisation's policies, culture and ethics contributed to this failure and evaluate the responses by the organisation and relevant regulatory actors.


Assessment Due Date

Week 8 Friday (6 May 2022) 11:00 pm AEST

Submission is by Moodle


Return Date to Students

Week 10 Friday (20 May 2022)

Assessment results and feedback will be released via Moodle


Weighting
35%

Assessment Criteria

The written report will be assessed according to the following general criteria: application of key theories, concepts and the law raised in this unit, identification and use of relevant policies and codes of the organisation and industry standards, cases or legislation to support the findings in the report and the quality of the report's written expression, structure and referencing.

As Masters students you are required to engage in research as per the Australia Quality Framework (AQF) guidelines. Two specific requirements need to be considered.

  1. Students need to demonstrate “a body of knowledge that includes the understanding of recent developments in a discipline and/or area of professional practice".
  2. Students must demonstrate "knowledge of research principles and methods applicable to a field of work and/or learning”.

Each Masters unit has a number of required weekly readings in terms of academic texts, journals and business publications that represent the appropriate body of knowledge and recent developments referred to by the AQF. In order to demonstrate the ability to engage in appropriate research, students should read and utilise these texts and journals and publications. As Masters students you are expected to research beyond this minimum standard through additional texts, journals and studies to demonstrate an ability to engage in independent research.

A marking rubric will be made available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Submission is online by Moodle

Learning Outcomes Assessed
  • Analyse critically the legal issues that confront organisations and managers and explain the legal risks associated with key management decisions
  • Assess and evaluate the specific legislation that governs managers and leaders action within organisations as they relate to employment, anti-discrimination, occupational health and safety and consumer law
  • Analyse corporate governance frameworks that organisations need to employ to successfully manage business activity to minimize legal risks

3 Practical Assessment

Assessment Title
Practical Assessment: Business Ethics and Wage Theft in Australia

Task Description

Students are to select an organisation that recently engaged in the underpayment of employee wages ('wage theft') in Australia and obtain permission from the unit coordinator to use the topic for this assessment task.  The practical assessment requires students to choose three online research resources related to the organisation's business ethics and corporate social responsibility.  Examples include a credible and accurate media report, an organisation's policy or code of ethics, an industry code, a regulator's report and a government report or inquiry.  Students must describe the business ethics and corporate social responsibility issues raised in each research source and connect these issues to the laws, theories and principles examined in this unit.


Assessment Due Date

Week 12 Friday (3 June 2022) 11:00 pm AEST

Submission by Moodle


Return Date to Students

Exam Week Friday (17 June 2022)

Assessment results and feedback will be released via Moodle


Weighting
35%

Assessment Criteria

The practical assessment will be assessed according to the following criteria: identification of all ethical and corporate social responsibility issues in the research sources, the accuracy and detail of the description of relevant corporate social accountability policies and ethical codes, the application of relevant laws, theories and principles examined in this unit and the quality of the assessment's written expression, structure and referencing.

As Masters students you are required to engage in research as per the Australia Quality Framework (AQF) guidelines. Two specific requirements need to be considered.

  1. Students need to demonstrate “a body of knowledge that includes the understanding of recent developments in a discipline and/or area of professional practice".
  2. Students must demonstrate "knowledge of research principles and methods applicable to a field of work and/or learning”.

Each Masters unit has a number of required weekly readings in terms of academic texts, journals and business publications that represent the appropriate body of knowledge and recent developments referred to by the AQF. In order to demonstrate the ability to engage in appropriate research, students should read and utilise these texts and journals and publications. As Masters students you are expected to research beyond this minimum standard through additional texts, journals and studies to demonstrate an ability to engage in independent research.

A marking rubric will be made available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Submission is online by Moodle

Learning Outcomes Assessed
  • Assess and evaluate the key aspects of the legal systems that operate in Australia and internationally and their impact on the operation of organisations within different legal jurisdictions
  • Assess and evaluate the specific legislation that governs managers and leaders action within organisations as they relate to employment, anti-discrimination, occupational health and safety and consumer law
  • Evaluate the role of law in enabling an organisation to achieve its corporate goals through strategies that are socially responsible, sustainable and ethical.

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?