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
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
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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 Classes Emails Student survey
Some students provided feedback they appreciated the lecturer's style of teaching and the use of examples in the media to demonstrate the practical operation of key legal rules, principles and concepts covered in the weekly content in workshops.
Update the workshop activities and resources in Moodle at the beginning of each term and during the term to reflect contemporary corporate governance and business law issues.
Feedback from Classes Student consultations
Some students provided feedback on the challenges meeting the maximum word length of the written assessment tasks and the time limit for the presentation.
Review the requirements of the three assessment tasks.
- 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
- 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
- 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 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
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
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom, Webcam and Microphone
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.
m.nichol@cqu.edu.au
r.low@cqu.edu.au
Module/Topic
Introduction to Unit, Corporate Governance and Business Law
Chapter
Unit Profile and Moodle Navigation
Events and Submissions/Topic
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
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
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
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
Module/Topic
Preparation for Assessment Tasks
Chapter
Events and Submissions/Topic
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
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
Module/Topic
Elements of Enforceable Business Contracts
Chapter
Julie Clarke, 'Contract', Australian Contract Law (Web Page, 14 October 2019).
Events and Submissions/Topic
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
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
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
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
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Presentation
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.
Week 5 Friday (8 Apr 2022) 11:00 pm AEST
Submission by Moodle
Week 6 Friday (22 Apr 2022)
Assessment results and feedback will be released via Moodle
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:
- Students need to demonstrate “a body of knowledge that includes the understanding of recent developments in a discipline and/or area of professional practice".
- 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.
- 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
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.
Week 8 Friday (6 May 2022) 11:00 pm AEST
Submission is by Moodle
Week 10 Friday (20 May 2022)
Assessment results and feedback will be released via Moodle
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.
- Students need to demonstrate “a body of knowledge that includes the understanding of recent developments in a discipline and/or area of professional practice".
- 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.
- 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
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.
Week 12 Friday (3 June 2022) 11:00 pm AEST
Submission by Moodle
Exam Week Friday (17 June 2022)
Assessment results and feedback will be released via Moodle
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.
- Students need to demonstrate “a body of knowledge that includes the understanding of recent developments in a discipline and/or area of professional practice".
- 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.
- 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.
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?
