Security Insider February/March 2011

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SECURITY

Page 1

THE MAGAZINE FOR SECURITY PROFESSIONALS

PUBLISHED BY THE AUSTRALIAN SECURITY INDUSTRY ASSOCIATION

[MAG AZINE] VOL.16 | ISSUE.1 | FEB/MAR 2011

SPECIAL WORKPLACE RELATIONS ISSUE: PLUS 16 PAGE GUIDE TO THE SECURITY SERVICES INDUSTRYAWARD 2010

51 25

PP255003/02390

WORKPLACE RELATIONS OVERHAUL SHONKY OPERATORS GET THE BOOT PROPOSED NATIONAL OH&S SYSTEM

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CONTENTS VOL.16 | ISSUE.1 | FEB/MAR 2011

08

A GUIDE TO THE SECURITY SERVICES INDUSTRY AWARD 2010

24

WORKPLACE RELATIONS OVERHAUL?

32

SHONKY OPERATORS GET “THE BOOT”

36

MODERN AWARD CHANGES TO SECURE YOUR SUPERANNUATION

06 | President’s message

22 | Industry News – VIC Update

46 | OH&S Health Check

12 | Industry News – TAS Update

29 | Security 2011 Conference & Exhibition

52 | ASIAL Certified Security Monitoring Centres

10 | Industry News – QLD Update 14 | Industry News – ASIAL 2011 State Convenors | Australian Consumer Law 16 | Industry News – SA Update

18 | Industry News – ACT Update 20 | ASIAL Industry Briefings 1st Quarter Schedule

ASIAL Strategic Partners > 4 //SECURITY INSIDER FEB/MAR 2011

23 | Industry News – WA Update 30 | 2011 Security Industry Awards for Excellence

38 | Sham Contracting – Employers need to ensure bona fide relationships

44 | Security Industry Leadership Program 2011

48 | The proposed OH&S System

53 | ASIAL Member Recognition Program 54 | ASIAL New Member Listing 56 | Hot Products

58 | ASIAL Calendar of events

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PRESIDENT’S MESSAGE

PROVIDING ASSISTANCE TO THE INDUSTRY elcome to the February/March 2011 edition of your industry magazine.

Unfortunately the new year has brought with it anything but happiness for some of our members, their families and friends. Many in Queensland, Northern New South Wales and Victoria have been affacted by the devastating floods and the challenges of rebuilding their homes and businesses ,whilst the West has suffered from severe bush fires.The magnitude of the devastation and loss of life is traumatic for all concerned and our thoughts, like all Australians are with those affected.

As well as financial support through donations, there are other needs which will need to be met. I urge members to provide any help and support they can to fellow members.If you still wish to contribute to the relief fund there are a number of appeals including, the Queensland Premiers Disaster Relief Appeal and the Salvation Army’s Flood Appeal.

ASIAL members seeking information about granting emergency leave to staff or how to deal with the situation are encouraged to call ASIAL on 1300 1ASIAL. This issue of Security Insider magazine focuses on Workplace Relations and includes a copy of ‘A Guide to the Security Services Industry Award 2010’.

The Guide forms part of a national education campaign ASIAL will conduct in 2011 on changes to the Security Services Industry Award 2010 thanks to funding secured under the Fair Work Ombudsman’s (FWO) Shared Industry Assistance Projects Grant Program.

The Shared Industry Assistance Project aims to better inform employers (particularly small to medium businesses) about changes to modern awards applicable to their industry sector. Following a competitive selection process, ASIAL was one of 15 successful organisations selected to deliver the education campaign in conjunction with the FWO. Integral to the campaign is a complimentary information guide on the new modern award for the security industry which will be available in both a print and electronic version.The Guide covers the National Employment Standards, hours of work, breaks, shift work penalties, overtime, employment status, employee records, rates of pay and more.Together with pay rates in modern awards and minimum wage orders, the NES compensates for the safety net that cannot be changed to the disadvantage of an employee.

Other campaign resources include an online resource centre (including fact sheets, online videos etc), face to face information sessions, a helpline and Enewsletter.

I encourage you all to read the Guide and familiarise yourself with the modern award. If, after reading the Guide you still have concerns or issues you can contact ASIAL’s Security Industry Award helpline on 1300 1ASIAL.

W

THE MAGAZINE FOR SECURITY PROFESSIONALS Editorial and Advertising Security Insider is published by The Australian Security Industry Association Limited PO Box 1338 Crows Nest, NSW 1585 Tel: 02 8425 4300 • Fax: 02 8425 4343 Email: communications@asial.com.au Web: www.asial.com.au Publisher

Editor Bryan de Caires | security@asial.com.au Editorial Enquiries Angela Maan communications@asial.com.au Advertising Aleisha Rees | advertising@asial.com.au Creative Director Martin Costanzo | martin@webfx2.com.au Graphic Design + Prepress Webfx2 Digital | design@webfx2.com.au Editorial Contributors Chris Delaney, John Capes (AON), Nicholas Wilson (FWO), Louise Tarrant (LHMU) and Australian Super.

Print + Distribution Nationwide Published bi-monthly Estimated Readership of 10,000 Views expressed in Security Insider do not necessarily reflect the opinion of ASIAL. Advertising does not imply endorsement by ASIAL, unless otherwise stated with permission. All contributions are welcomed, though the publisher reserves the right to decline to publish or to edit for style, grammar, length and legal reasons. Press Releases to: security@asial.com.au.

Internet

references

in

articles, stories

and

advertising were correct at the time of printing.

ASIAL does not accept responsibility for misleading views. Copyright© 2010 (ASIAL) All rights reserved.

Reproduction of Security Insider magazine without permission is strictly prohibited. Security Insider is a subscription based publication, rates and further details can be found at www.asial.com.au.

Ged Byrnes ASIAL President

6 //SECURITY INSIDER FEB/MAR 2011

[Next Issue] Apr/May 2011 ISSN 1442-1720

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30

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A GUIDE TO THE SECURITY SERVICES INDUSTRY AWARD 2010 This edition of Security Insider magazine has a strong focus on Workplace Relations and includes a liftout of ‘A Guide to the Security Services Industry Award 2010’.

Thanks to funding secured under the Fair Work Ombudsman’s (FWO) Shared Industry Assistance Projects Grant Program, ASIAL will conduct a national education campaign on the changes to the Security Services Industry Award 2010. The liftout guide is one element of this campaign.

The Shared Industry Assistance Project aims to better inform employers (particularly small to medium businesses) about changes to modern

awards applicable to their industry sector. Following a competitive selection process, ASIAL was one of only 15 successful organisations selected to deliver the education campaign in conjunction with the FWO. A vital part to the campaign is a complimentary information guide on the new modern award for the security industry which will be available in both a print and electronic version.

The guide is designed to help employer’s understand their responsibilities (including hours of work, breaks, shift work penalties, overtime, employment status, employee records, and rates of pay) under the new national

workplace relations system. Important changes in Australia’s workplace laws that affect security employers and employees covered by the national workplace relation systems came into effect from 1 January 2010.

These changes include the commencement of the modern Security Services Industry Award 2010 and the introduction of new National Employment Standards (NES).

Other campaign resources include an online resource centre (including fact sheets, online videos etc), face to face information sessions (Please see the schedule below), a helpline and Enewsletter.

STATE

VENUE AND TIME

TAS

Wednesday 23 February 2011 Hobart Function Centre: 1 Elizabeth Street Pier, Hobart 9:15am-11:30am

QLD

Thursday 24 February 2011 Victoria Park Function Centre: Herston Road, Herston 9:15am-11:30am

VIC

Friday 25 February 2011 Batmans Hill on Collins: 623 Collins Street, Melbourne 9:15am-11:30am

SA

Thursday 3 March 2011 Sebel Playford: 120 North Terrace, Adelaide 9:15am-11:30am

WA

Friday 4 March 2011 Hotel Northbridge: 210 Lake Street, Northbridge 9:15am-11:30am

NSW

Wednesday 9 March 2011 Mantra Parramatta Cnr Parkes Street and Valentine Avenue, Parramatta 9:15am-11:30am

ACT

Thursday 10 March 2011 Clifton Suites Northbourne: 100 Northbourne Avenue, Canberra 9:15am-11:30am

8 //SECURITY INSIDER FEB/MAR 2011

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INDUSTRY NeWS

QUEENSLAND QUEENSLAND FLOOD CRISIS

Flood Appeal – www.salvos.org.au or call Nine Network's

Many in Queensland and Northern New South Wales

telethon on 1800 219 028.

have been devastated by the floods and the continuing crisis.The magnitude of the devastation and loss of life

ASSISTANCE FOR BUSINESS AND INDIVIDUALS

is traumatic for all concerned and our thoughts, like all

Following severe disaster events, local, state and

Australians are with those affected. The following

commonwealth governments respond through a

websites may be of some assistance.

coordinated range of counter disaster management arrangements to address both the physical and financial

LICENSEES AFFECTED

needs of affected communities.

BY FLOODING

Visit: www.disaster.qld.gov.au/support.

An enormous amount of our state has been devastated by flooding and the Office of FairTrading (OFT)

FINANCIAL ASSISTANCE

understands people may have renewal notices, licences

Grants are available from QRAA to assist your small

or registration certificates and other business records

business to pay for costs arising out of direct damage

either lost or destroyed in the floods.

caused by the November and December 2010 flood crisis.

OFT is providing the following special considerations to licence holders, business name holders and incorporated associations that have been affected by the disaster.

Visit: www.qraa.qld.gov.au/index.php?option=com_ qraa&view=detail&id=201&Itemid=89.

Visit: www.business.qld.gov.au/disaster-recovery/floodassistance.html.

Visit: www.fairtrading.qld.gov.au/disasterassistance.htm.

TAX ASSISTANCE Tax help for flood affected areas in Queensland. Visit

FREE LEGAL INFORMATION FOR

www.ato.gov.au/taxprofessionals.

QLD FLOOD VICTIMS The State Government, the Queensland Law Society

CERTIFICATE FEES WAIVED FOR FLOOD VICTIMS

(QLS), Legal Aid Queensland and other key legal

Victims of Queensland’s floods can now apply for free

organisations were working together to provide free

replacement birth, death, marriage or change-of-name

legal information and preliminary legal advice to

certificates. Affected Queenslanders who have

disadvantaged Queenslanders affected by floods.

outstanding fines with the State Penalties Enforcement

People affected by the flooding can contact these organisations for advice on managing their claim with their insurer. Visit:

Registry (SPER) are also eligible to have enforcement action temporarily deferred.

Visit: www.justice.qld.gov.au/justice-

www.legalaid.qld.gov.au/Pages/Home.aspx.

services/certificate-fees-waived.

CONTRIBUTIONS

EMERGENCY LEAVE FOR STAFF

If you wish to contribute to the relief fund there are a

ASIAL members wanting information about granting

number of appeals including: Premier's Disaster Relief

emergency leave to staff or how to deal with the situation

Appeal – www.qld.gov.au/floods/donate, Salvation Army's

are encouraged to call ASIAL on 02 8425 4300.

QLD – MANDATORY INDUSTRY ASSOCIATION MEMBERSHIP From 24 February 2011, legislation will commence to empower approved security industry associations to take on a key role of improving the integrity of the security industry, which is regulated under the Security Providers Act 1993.

Approved associations will be required to have in place a Code of Conduct, which must be approved by the Chief Executive, and must ensure licensed security firms, that hold a membership, adhere to the Code.

10 //SECURITY INSIDER FEB/MAR 2011

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INDUSTRY NeWS

TASMANIA CODE OF CONDUCT FOR CROWD CONTROLLERS

code is received by this office.

For those undertaking crowd controller

does not expire in 2011 will be sent a

The only training accepted for licensed

duties the code of conduct came in to

copy of the code during 2011 to sign.

activities is the training listed on our

Crowd Control Agents whose licence

effect, on the 4th January 2011.

All applicants applying or reapplying

WHAT TRAINING CERTIFICATES ARE ACCEPTED

website.

Who endorses a code of conduct?

Security Guard and Security Agent:

for a crowd controller licence will need to

If you have an individual person

this is selected units under the CPP07

sign the code. In the event that an

appointed as your manager, this person

Property Services training package.

application for a licence is lodged and a

must complete the section under where

correctly signed copy of the code of

you sign.

conduct is not attached, applicants will

If you have a corporation appointed

be required to sign and submit a copy of

as your manager, any nominated person

the code.The application for a licence

from the corporation can complete the

will not be processed until such time

section under where you sign.

that a signed copy of the code is received by this office.

Crowd Controller and Crowd Control Agent: this is selected units under the CPP07 Property Services training package.

Inquiry Agent: this is selected units under the CPP07 Property Services training package.

APPEARANCE OF IDENTITY CARDS

Commercial Sub-Agent and

The appearance of identity cards has

Commercial Agent: this is selected units

pending that require the endorsement

changed; the reason for this is that the

under the FNS30404 Financial Services

of crowd controller and the applicant

card printer now being used to print the

Mercantile Agent training package.

has not submitted a signed copy of the

identity cards has been upgraded to

All new applicants must meet the

code will be requested to provide a

include additional security features.

current training requirements.Those who

Applications that are currently

signed copy of the code.The

All cards issued with the old security

have held a licence and let that licence

application for a licence will not

ribbon are valid until the expiry date that

expire, are deemed new applicants and will

processed until the signed copy of the

is printed on them.

need to meet new training requirements.

12 //SECURITY INSIDER FEB/MAR 2011

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INDUSTRY NeWS

ASIAL CONVENORS Members are advised that ASIAL Convenors for 2011 are:

ACT: Paul Corson, Operations

NSW: Suzette Po-Williams,

QLD: Chris Luhrmann,

SA: Neil McLean, Security

Manager, Protective Services,

Customer Service Manager,

General Manager, SIA

Service Manager, Royal

SNP Security

Central Monitoring Services

Security

Automobile Association

TAS: Mike Dyson, Managing

VIC: Peter Johnson,

WA: Chris Cubbage,

Director, Dyson Corporate

Manager, Compliance &

Director, AMLEC House

Security Pty Ltd

Regulatory Affairs, ASIAL

The Australian Consumer Law (ACL) The Australian Consumer Law (ACL) is a single, national law covering consumer protection and fair trading which applies in the same way nationally and in each State and Territory. The ACL commences from 1 January 2011 and includes unfair contract terms introduced on 1 July 2010.

For the first time, Australian consumers have the same protections and expectations about business conduct wherever they are in Australia.

Similarly, businesses have the same obligations and responsibilities wherever they operate in Australia.

The Productivity Commission (PC) estimated that this reform could provide benefits to the Australian community of between $1.5 billion and $4.5 billion a year.

14 //SECURITY INSIDER FEB/MAR 2011

The ACL: • replaces a wide range of existing national and State and Territory consumer laws and clarifies understanding of the law for both Australian consumers and businesses; • is a schedule to the Competition and Consumer Act 2010, which is the new name of the Trade Practices Act 1974 (TPA); • is applied as a law of the Commonwealth. Each State and Territory will also apply the ACL as a law of its respective jurisdiction.This means that the same provisions apply across Australia; • is enforced by all Australian courts and tribunals, including the courts and tribunals of the States and Territories; and • is administered by the ACCC and

each State and Territory’s consumer law agency.

The Australian Securities and Investments Commission Act 2001 (ASIC Act) continues to apply, separately, to financial products and services, with the Australian Securities and Investments Commission (ASIC) as the national regulator.This reflects the current subject matter referral by the States and Territories set out in the Corporations Agreement 2002 and administered by the Ministerial Council for Corporations (MINCO).

Where appropriate, the consumer protection provisions of the ASIC Act have been amended to maintain consistency with the ACL. Relevant amendments to the ASIC Act are included in Schedule 3 of the second ACL Act.

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INDUSTRY NeWS

SOUTH AUSTRALIA LICENSING UPDATE

Australian Securities and Investment

Is your business name registered?

Commission (ASIC). A business name will only need to be registered

A reminder to all business owners

once to be used anywhere in

that if you carry on business under a

Australia. More information will be

name other than your own legal

provided closer to the start date, or

name then that name must be

you can go to www.innovation.gov.au

registered. OCBA prosecuted a

for the latest.

trader last year for trading under an unregistered name.

Plus don’t forget, if your business

RENEWALS AND CHANGES Please ensure that when applying to

name expires and you don’t renew it

vary the conditions on your licence

a penalty of $145 applies in addition

within two months, it will be

and/ or registration, all documents

to the lodgement of the annual return

cancelled and potentially someone

submitted are in your full legal name.

and annual fee.The default penalty

else could register it as a new

If you change address please

for audit reports is $302. If the

business name. For further

notify the Commissioner in writing

renewal and penalty fees are not paid

information phone 1300 138 918 or

within 14 days of moving.

within the set timeframe the licence

visit www.ocba.sa.gov.au.

Licensees who don’t renew by the

is cancelled. If you need extra time to

due date are sent a reminder notice,

make payment or lodge documents

name registration system will

and subsequently a penalty notice.

please contact our office before your

commence, to be administered by

For security and investigation agents

licence/ registration expires.

In 2011 a new national business

‘The AustralianSuper website is great for all sorts of superannuation information

Michael Bottomley, member.

AustralianSuper looks after more than $32 billion, for over 1.5 million everyday Australians.

and it’s easy to use.‘ Put us to work for you. Call 1300 300 273 or go to www.australiansuper.com

Run only to benefit members

This information is of a general nature and does not take into account your personal objectives, situation or needs. Before making a decision about AustralianSuper, consider your financial requirements and read our Product Disclosure Statement, which is available on our website or by calling us. Statements made by members have been reproduced with their consent and this consent has not been withdrawn at the date of publication. ‘Industry SuperFund’ logo used with permission of Industry Fund Services (IFS) and this consent has not been withdrawn at the date of publication. AustralianSuper Pty Ltd ABN 94 006 457 987 AFSL 233788, Trustee of AustralianSuper ABN 65 714 394 898.

16 //SECURITY INSIDER FEB/MAR 2011

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INDUSTRY NeWS

ACT THE LIQUOR ACT 2010 On 26 August 2010, the Liquor Act 2010 (the Act) was passed by the ACT Legislative Assembly.The Act commenced on 1 December 2010 and replaces the Liquor Act 1975.

The new Act aims to respond to the needs of the community and liquor industry and strike a successful balance in an effort to minimise the harm arising from

disorderly patrons will be dealt with.

• Stronger protection for children and young people,

including stricter guidelines for underage events.

• New police powers and new offences for licensees,

permit holders and patrons.

• New liquor licensing fees and trading times based on

the level of risk.

• Emergency 24 hour suspension of licence.

alcohol-related incidents.

Further information will be available shortly on the ORS website at www.ors.act.gov.au including the dates for the education sessions.

SMOKE-FREE OUTDOOR EATING AND DRINKING AREAS The Office of Regulatory Services has announced that from 9 December 2010, all outdoor eating and drinking places at restaurants, cafes, pubs and clubs will be smoke-free.This is seen as an important step in improving the health of the ACT community.

Some pubs, bars and licensed clubs will still be able to provide designated outdoor smoking areas that are separate to other outdoor areas, where there is no food All matters will be considered with regard to the impact on the community, and licensees and permit

and drink service but patrons may smoke and drink.

The implementation of these smoke-free

holders will be expected to understand and manage the

requirements is another vital step towards achieving the

risk associated with the sale and consumption of

goal of improved public health. Achieving this goal is

alcohol in the ACT.

expected to deliver benefits for businesses and the community through the creation of healthier social

The Act includes a number of major reforms including: • Introduction of harm minimisation and community

safety principles.This includes encouraging the responsible sale, supply, promotion and consumption of alcohol, protecting community wellbeing and social harmony, minimising harm caused by alcohol abuse and considering the impact of decisions on the local community and liquor industry.

• Mandatory Responsible Service of Alcohol (RSA)

training, and licensees and permit holders to abide by RSA practices.

• Requirement of a Risk Assessment Management Plan

(RAMP) to assess how various risks associated with being a licensee or permit holder will be managed.

Factors to be considered may include noise levels, ensuring the responsible service of alcohol, security issues, transport availability, and how intoxicated or

18 //SECURITY INSIDER FEB/MAR 2011

environments.

For more information, visit www.health.act.gov.au/smokefree.

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ASIAL SCHEDULE OF NATIONAL INDUSTRY BRIEFINGS February – March 2011

TAS Breakfast Briefing ATO Update –Ken Reed, Australian Taxation Office IR Update – Chris Delaney ASIAL’s IR Consultant Wednesday 23 February 2011 Hobart Function Centre ASIAL members $39.00 Non members $49.00 QLD Breakfast Briefing Regulatory Update – Office of Fair Trading IR Update – Chris Delaney ASIAL’s IR Consultant Thursday 24 February 2011 Victoria Park Function Centre ASIAL Members $39.00 Non Members $49.00 VIC Breakfast Briefing NBN Update – Tom Sykes, Chief Technology Office, NBN CO. Consumer Law Update – Debbie Moon Consumer Affairs Victoria Friday 25 February 2011 Batmans Hill on Collins ASIAL Members $44.00 Non Members $54.00 SA Breakfast Briefing Regulatory Update – Dini Soulio, Director, Compliance and Enforcement, Office of Consumer and Business Affairs (OCBA) IR Update – Chris Delaney, ASIAL’s IR Consultant Thursday 3 March 2011 Sebel Playford ASIAL Members $39.00 Non Members $49.00

WA Breakfast Briefing Consumer Law Update – A Representative from the Department of Commerce IR Update – Chris Delaney, ASIAL’s IR Consultant Friday 4 March 2011 Hotel Northbridge ASIAL Members $39.00 Non Members $49.00 NSW Breakfast Briefing NBN Update – Tom Sykes, Chief Technology Office, NBN CO. Jenni Oldfield, LLN Training Consultant for CPSISC. Consumer Law Update – A Representative from Office of Fair Trading Wednesday 9 March 2011 Mantra Parramatta ASIAL Members $44.00 Non Members $54.00 ACT Breakfast Briefing IR Update – Chris Delaney, ASIAL’s IR Consultant Thursday 10 March 2011 Clifton Suites Northbourne ASIAL Members $38.00 Non Members $48.00

Register Online: www.asial.com.au/breakfastbriefings Or contact Aleisha Rees on (02) 8425 4312 or advertising@asial.com.au

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FREE EMPLOYEE RELATIONS ADVICE AND ASSISTANCE

IS JUST A PHONE CALL AWAY As Australia’s workplace undergoes a period of significant change, keeping up with the latest and most relevant information to manage your day-to-day employee relations issues can be challenging.

As the only national employer association exclusively representing the private security industry, ASIAL is able to provide its members with FREE over-the-phone specialist industrial relations advice, and where required representation and advocacy.

WHETHER YOU ARE SEEKING: • ADVICE with underpayment of wage claims, Fair Work Ombudsman matters, development of enterprise bargaining agreements, in house training and development; or • REPRESENTATION in disputes before industrial tribunals, Federal Magistrates Courts and in unfair/unlawful dismissal proceedings.

Professional advice and assistance is just a phone call away.

With over 35 years HR and IR experience, ASIAL’s employee relations providers know and understand the issues you face as an employer operating in the security industry.

Before making your next employee relations decision, contact Chris Delaney on 1300 1ASIAL or email: ir@asial.com.au

The peak body for security professionals

corporate design: ©2010 www.webfx2.com.au

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Could cash in transit be the chink in your armour?

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This is why our SecurAcover policy provides cover for more than just public and product liability, it can also be extended to cover cash in transit, protecting you against loss or damage from any cause.

SecurAcover is an insurance solution specifically tailored for the risks faced by the security industry and offered exclusively to ASIAL members. We have negotiated with top rated insurers to develop a product with the best cover and price combination, which is why we have been ASIAL’s preferred broker for over six years.

Protect your business with Aon

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INDUSTRY NeWS

VICTORIA A STEP CLOSER TO NATIONAL LICENSING Victoria has introduced the

form of licensing is only

market failure and/or worker

Occupational Licensing National Law

contemplated where risks

and public health and safety

Act 2010. Not yet covering the

arising from market failure or

risks without imposing

Security Industry but a step closer to

risks to public health and safety

unnecessary costs on

national licensing.

warrant corrective action and, of

consumers and business or

all feasible options, licensing

substantially lessening

licensing system is to adopt the

provides the greatest net public

competition.

Occupational Licensing National Law

benefit;

(the National Law).The purpose of

(c) licensing arrangements do

occupations identified to take

the national licensing system is to

not duplicate legislative

advantage of this legislation. Parts of

remove overlapping and inconsistent

protections contained under

the legislation came into effect on

regulation between jurisdictions for

other laws, in particular,

the 1st of January 2011.

The purpose of the national

Electricians will be one of the first

The purpose of the national licensing system is to remove overlapping and inconsistent regulation between jurisdictions for the licensing of occupational areas. the licensing of occupational areas.

competition law, consumer

By so doing, it aims to improve

protection law or occupational

timeline when the security Industry

business efficiency and the

health and safety law;

will be considered for the national

competitiveness of the national

(d) licensing arrangements only

licensing scheme, ASIAL will

economy, reduce red tape, improve

include requirements needed to

continue to push to have the security

labour mobility and enhance

address identified consumer

industry recognised as a priority

productivity.

protection risks arising from

industry sector for national licensing.

On 30 April 2009 the Council of Australian Governments (COAG) agreed to the Intergovernmental Agreement for a National Licensing System for Specified Occupations (COAG Agreement) containing objectives that are included in the National Law. The guiding principles behind the introduction of the legislation included: (a) the system operates in a transparent, accountable, efficient, effective and fair manner; (b) regulatory intervention in the

22 //SECURITY INSIDER FEB/MAR 2011

Although we do not have a

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INDUSTRY NeWS

WESTERN AUSTRALIA STATES REFER IR POWERS TO FEDERAL GOVERNMENT Legislation has been passed by each of the Referring States is in very similar terms.The effect of the legislation that has been passed by each of the Referring States is that, in general, the FW Act will apply to all employees in the Referring States (with the exception of certain groups of).

In general those employees who will not “transfer” into the Federal system are politicians and those employed in the public sector, judiciary, law enforcement and local government (other than Victoria).

Western Australia has not at this stage referred its workplace relations powers to the Commonwealth, however

be, for example, partnerships and

amended in a manner inconsistent

constitutional corporations in

sole traders as well as companies.

with industrial relations principles

Western Australia will continue to be

The legislation that has been

set out in the Referring States’

passed also allows the Referring

legislation and an inter-

States to revoke the referral of their

governmental agreement. An

an employer within the federal

industrial relations powers in certain

example of this would be the re-

system does not have to be a

circumstances in the future.This

introduction of individual statutory

constitutional corporation.They can

may occur if the FW Act is

agreements.

bound by the FW Act. Accordingly, from 1 February 2011

SECURITY NEWS AS ITHAPPENS INSIDER_Aug_Sept10 Iss4_76pp

3/8/10

8:05 PM

SECURITY

Page 1

THE MAGAZINE FOR SECURITY PROFESSIONALS

PUBLISHED BY THE AUSTRALIAN SECURITY INDUSTRY ASSOCIATION

TO SUBSCRIBE email security@asial.com.au

[MAG AZINE] VOL.15 | ISSUE.4 | AUG/SEP 2010

OFFICIAL EVENT GUIDE

Security2010 EXHIBITION AND CONFERENCE 1 – 3 SEPTEMBER 2010 SYDNEY CONVENTION & EXHIBITION CENTRE

+

47 25

PP255003/02390

The Peak National Body for the Australian Security Industry

industry magazine

high traffic website

SECURITY INSIDER FEB/MAR 2011// 23

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Last financial year, Fair Work inspectors finalised 21,070 investigations into complaints from employees Ă? the overwhelming majority with co-operation from employers who voluntarily rectified any breaches without the need for further action.

Pictured: Fair Work Ombudsman Nicholas Wilson.

24 //SECURITY INSIDER FEB/MAR 2011

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FAIR WORK OMBUDSMAN

WORKPLACE RELATIONS OVERHAUL?

A primary objective of the Fair Work Ombudsman is to educate employees and employers about their respective workplace rights and obligations. Fair Work Ombudsman Nicholas Wilson explains how his Agency helps businesses to understand and comply with the law.

With the overhaul of the workplace

your best efforts to comply – my

investigations into complaints from

relations system and the national

inspectors are waiting to pounce if

employees – the overwhelming

protections, there have been a lot of

you slip-up, let me assure you we’re

majority with co-operation from

changes that business needs to be

actually here to help you “get it right”.

employers who voluntarily rectified any

aware of.

I think there is a good

The reality is that our 500-odd

breaches without the need for further

inspectors (based at 53 metropolitan

action. Indeed only some 53 matters were put in the hands of the courts.

understanding among employers that

and regional centres around the

there has been change and that they

country) are very much focused on

need to do something about it.

ensuring we deliver useful and

year on an Agency-wide strategy to

practical educational resources to

deliver workers and employers alike

employers have a fair go at

assist you to understand and comply

the resources they need through both

compliance; and as the national

with your lawful obligations.

our Infoline and Online.

Our experience is that most

regulator, we accept that honest mistakes can and do occur.

So if you’re worried that – despite

It is true that investigating

We have worked hard over the past

Most working days, our Infoline

complaints about non-compliance,

answers around 4000 calls and we

particularly underpayment of wages,

would say about a third are from

remains our“bread and butter” work.

employers and about 80 per cent of

Last financial year, Fair Work inspectors finalised 21,070

these indicate they have less than 15 employees. continued page 24

>

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FAIR WORK OMBUDSMAN

The work we have done with the

The inspector will ask you to supply

‘buzz-off’ or if we find they have been

Infoline and the internet tools is showing

copies of time-and-wages records and

very strong results that a really helping

pay slips for examination. If these show

to improve our overall grades of service.

up issues of non-compliance, the

shoulders and just isn’t interested in

inspector will point them out and assist

working with us is inviting a full

million calls, the Fair Work websites

you to correct them and put processes

investigation, and subject to the

recorded more than 3.6 million hits

in place to ensure similar contraventions

outcome, potential litigation.

and practical resources we have

do not occur in the future.

In 2009-10, our Infoline fielded 1.1

developed such as fact sheets, self-

We recognise that accidental

deliberately treating workers unfairly.

An employer who shrugs the

And the Courts are taking a pretty dim view of employers who ignore the

audit checklists, templates and the

breaches can and do occur and our

rules, dishing out some severe

like were downloaded more than 1.2

approach is fair and flexible, first

penalties both as a specific deterrent

million times.

offering employers the opportunity to

and to discourage similar conduct by

We have also made some 20,000

voluntarily rectify them, including any

others.

visits, mainly to small businesses, in

underpayments which are identified.

NSW, Queensland, South Australia and Tasmania to provide information

The inspector may also ask you to conduct a ‘self-audit’ to ensure other

As one Federal Magistrate noted recently, compliance with all aspects of the law is not optional – it is essential!

In 2009-10, our Infoline fielded 1.1 million calls, the Fair Work websites recorded more than 3.6 million hits and practical resources we have developed such as fact sheets, self-audit checklists, templates and the like were downloaded more than 1.2 million times. to employers who have moved from

workers have not similarly been

the state to the federal workplace

underpaid and issue a formal notice

layman’s terms, is akin to being

relations system.

detailing the steps you are required to

stopped by the police for a faulty tail

take.

light. If you fix it, that’s the last you’ll

IF WE CONTACT YOU

Our approach to compliance, in

Depending on the nature of the

hear from the police officer. Keep

Because of the scale of duties we

breach, you may be requested to sign

driving and you’re inviting trouble.

oversee, a Fair Work inspector is not

a compliance commitment statement,

going to be in every pay packet or

confirming your commitment to

we do take a matter to Court, it can

every workplace. It simply is not

ongoing compliance.

result in a very costly outcome for

feasible for us to do that. Our

Our approach to compliance is set

Litigation is a last resort, but when

wrong-doers, with penalties often

compliance model is one of building

out as transparently as we can,

exceeding $100,000 and for more

voluntary compliance

indicating the issues we are concerned

serious cases, more than $200,000.

If you are contacted by an inspector, it might be that we have

about, the factors we take into account and who makes decisions.

received a complaint or that your

The courts will often instruct the employer to rectify the underpayment as well as imposing a financial

business has been randomly selected

FAILURE TO PLAY BALL

for one of thousands of audits we pro-

Where an employer can run into

actively initiate each year.

problems is if they tell our inspector to

penalty.

So the message is fairly clear – flouting the law and exploiting your

continued page 27

26 //SECURITY INSIDER FEB/MAR 2011

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FAIR WORK OMBUDSMAN

staff is bad for business.

WE’RE HERE TO HELP The strong likelihood is that you are trying to comply with your legal obligations, but remember we are here to help if you need assistance.

Modern Awards set the minimum entitlements employers must provide to employees in specific industries.

About 120 industry-based Modern Awards have replaced thousands of pre-Modern Awards and this means that the large majority of businesses in Australia are shifting from a preModern Award to a Modern Award.

So, you can get the “basics right” by finding out: • Which Modern Award applies to the employees in your business, • The correct classifications for your employees under the Award, and • What pay rates (including penalty rates and allowances) apply to your employees.

For example, many security businesses are now covered by the Security Services Industry Award 2010 and must provide their employees at least the minimum conditions and entitlements contained in this Modern Award.

The Fair Work Ombudsman’s webpage for the security industry – www.fairwork.gov.au/security –

WHAT THE FAIR WORK OMBUDSMAN FOUND WHEN IT LOOKED AT THE SECURITY INDUSTRY THROUGHOUT AUSTRALIA The Fair Work Ombudsman audited 296 security businesses around Australia in 2009-10 as part of National Campaign and found 154 (52 per cent) were not compliant with workplace law.

Eighty-three security businesses were found to have underpaid 1124 employees a total of $1.18 million, while a further 71 businesses had contraventions relating to record-keeping and pay slips.

The Fair Work Ombudsman selected the security industry for attention because of concerns about the high number of complaints it was receiving from security workers and intelligence from a number of federal and state agencies.

The rate of non-compliance was higher than has been identified in other industries selected for national campaigns.

Fair Work Ombudsman Nicholas Wilson subsequently called for leadership from the security industry to improve its compliance. ÒThe rate of non-compliance was disappointing and we are urging employer organisations, unions and large companies to help us drive behavioural change in the security industry,Ó Mr Wilson said. ÒWe found widespread use of flat rates of pay in the belief that such arrangements would compensate for allowances, shift and weekend penalties, overtime and annual leave loadings. ÒSome employers claimed they had verbal agreements with casual employees to work more than eight ordinary hours per shift and with full-time employees to work more than 10 ordinary hours per shift without overtime payments. ÒEmployers need to be aware that a handshake agreement to pay workers a flat rate Ð even if it is above the minimum hourly rate in the relevant Award - does not negate the need to pay workers the full penalty rates for overtime, night and weekend work listed in the Award.Ó Mr Wilson says the willingness of employersÕ to accept the help of his inspectors to voluntarily rectify their issues was encouraging. ÒWe were also pleased with the interest and co-operation of employer associations,Ó he said. ÒA number of employers were very positive about the campaign as they felt that poor practices among their competitors should be exposed and remedied, so we need to harness that attitude to assist bring about cultural change and significant improvements. ÒWe will conduct further education and compliance activity in the security industry in the future, including re-auditing some of the companies found to be non-compliant during the last campaign. ÒWe are mindful that this is an industry which employs large numbers of young people and migrant workers who may be vulnerable if they are not fully aware of their workplace rights.Ó

provides a range of information on the Security Services Industry Award 2010, including the types of

penalty rates.

Employers also need to be aware

the national system.These conditions include minimum entitlements to

businesses covered by the Award,

the National Employment Standards

provisions such as leave, public

classifications for employees, types of

(NES) have introduced a set of 10

holidays, redundancy and the right to

employment available under the

minimum conditions employers must

request flexible work arrangements.

Award and applicable wage and

provide to all employees working in

Under the NES, there is also a

continued page 28

>

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FAIR WORK OMBUDSMAN

requirement to provide every new

Infoline on 13 13 94 between 8am and

employee with a Fair Work Information

6pm weekdays. A free interpreter service

Standards (NES) and the Fair Work

Statement, available for free download

is available on 13 14 50.

Information Statement available for

from our website.

It is important for employers to be

Copies of the National Employment

download in 26 languages.

ONLINE RESOURCES INCLUDE:

Template documents and letters to

aware they must provide employees

A webpage containing information

assist businesses when hiring,

with the minimum conditions and

tailored specifically for the security

dismissing and managing employees.

entitlements in both the NES and the

industry: www.fairwork.gov.au/security.

Modern Award.

Ensuring you keep correct time-andwages records and issue sufficiently detailed pay slips continues to be very important.

It is also well worth being a member of your employer association and

The ‘Award Finder’ search tool, which

Best Practice Guides dealing with a range of workplace matters such as

enables clients to find Modern Awards

work-and-family and managing

and Pre-Modern Awards.

underperformance.

A ‘HowTo Guide’ on the process for

Fact Sheets covering a range of

transitioning from Pre-Modern Awards

issues such as annual leave, right of

to Modern Awards.

entry, transfer of business and

Pay and Condition Guides which

enterprise bargaining.

making use of their advice and

enable users to see at a glance base

resources. We very rarely have

rates of pay for all classifications,

keeping and a Self-Audit Checklist for

problems with employers who are

casuals, part time, apprentices and

employers to determine whether record-

members of employer associations.

trainees.

keeping requirements are being met.

Tools for determining pay rates

Templates for pay slips and record-

Multi-media resources explaining

FURTHER INFORMATION

including PayCheck, Payroll Check and

changes under the Fair Work Act and

www.fairwork.gov.au or call the FairWork

a Pay Rate Calculator.

Modern Awards.

28 //SECURITY INSIDER FEB/MAR 2011

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Security2011 EXHIBITION & CONFERENCE

Security 2011 Conference 24-25 August 2011 The Security 2011 Conference will feature an outstanding lineup of local and international speakers and a program that provided insight, innovation and the opportunity for discussion on a number of critical industry topics and emerging issues.

Security 2011 Exhibition 24-26 August 2011 Security 2010 Exhibition showcased the latest in security technology from over 140 leading suppliers and attracted over 4,000 decision-makers from public and private sectors.

Don't miss out on the Security 2011 Exhibition & Conference being held from the 24 – 26 August 2011, the security industry’s must-attend event!

Cocktail Reception Wednesday 24 August 2011 6:00pm-7:30pm With a picturesque Darling Harbour backdrop, the Cocktail Reception (including

Gala Dinner Thursday 25 August 2011 7:00pm-10:30pm The Gala Dinner is the industry’s night of nights and will be held at Doltone House, Jones Bay Wharf Pyrmont. With over 500 guests, the

drinks and canapés) provides an excellent networking

night promises to be entertaining and another great

opportunity.

opportunity to network with executives in the industry.

Sponsorship opportunities available!

Contact: events@asial.com.au for more information.

Visit www.securityexpo.com.au

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AWARDS FOR EXCELLENCE

2011 AUSTRALIAN SECURITY INDUSTRY AWARDS FOR EXCELLENCE CALL FOR SUBMISSIONS

Organised by the Australian Security

organisation to be presented and

WINNER: Alan Bolton, Kangan Institute

Industry Association (ASIAL), the

recognised by industry peers;

In-House Security Team Award

Australian Security Industry Awards for

• Independent benchmarking of the

WINNER: Australian Jockey Club

Excellence are Australia’s premier

quality of your work and

Training Award

security awards program.

achievements;

WINNER: British American Tabacco

Now in their 16th year, the awards

• exclusive use of the finalist and

recognise outstanding individuals and

winner logos for building and

Integrated Security Solution Award

organisations within the security

promoting your brand.

WINNER: Pacom Systems

Entries will be shortlisted by desk

2009 WINNERS

Australia

industry. Entries are open to both Members and Non-Members of ASIAL.

audit to ensure that they adhere to

IN-HOUSE SECURITYTEAM AWARD

received is Wednesday 16th March

criteria set out for each award category.

WINNER: Melbourne Cricket Club

2011.

The shortlisted nominations will then be

WINNER: Westpac Banking Corporation

The deadline for nominations to be

assessed by an independent panel of Among the many benefits of entering

judges chaired by ASIAL representative,

TRAINING AWARD

include:

Peter Johnson.

WINNER: Australian Institute of Public

• An opportunity to be recognised nationally; • An opportunity to be profiled and to

Safety

2010 WINNERS INDIVIDUAL ACHIEVEMENT AWARD

INTEGRATED SECURITY SOLUTION

tell your story through ASIAL print

WINNER: Michael van der Velde,

WINNER: Wilson Security for their

and online publications;

Regional Security Manager (NSW/ACT),

"Rapid" integrated security solution

• The opportunity for the projects, initiatives and achievements of your

30 //SECURITY INSIDER FEB/MAR 2011

Qantas Security Manager Award

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AWARDS FOR EXCELLENCE

Slammin’ Sam Kekovich

AWARD CATEGORIES: 2011 sees the introduction of new focus categories under the individual and organisational headers.

(projects above $250,000) • Integrated Security Solution (projects below $250,000) • Special Security Event or Project

across Australia.

“Slammin’” Sam Kekovich, one of the vibrant personalities of AFL football, well known for his controversial behaviour both on and off the field, will

Individual • Individual Achievement – General Security • Individual Achievement – Technical

2011 SECURITY INDUSTRY AWARDS DINNER

be MC for the night. He will bring his

With the backdrop of metropolitan

Awards dinner, which promises to be a

Melbourne, the vibrant Crown Casino

night of entertainment.

will again host the Australian Security

Security

flamboyant humorous style to the 2011

The dinner will be held on Wednesday

• Security Student of the Year

Industry Awards for Excellence dinner.

The evening has been designed to

Casino, Melbourne. Corporate tables or

Organisational

celebrate and showcase the

individual tickets are available. Book your

• Security Management

achievements of security professionals

tickets now on the ASIAL website store.

4 May 2011 in the River Room at Crown

• In-House Security Team Training • Integrated Security Solution PLATINUM SPONSOR

1300 734 172

www.au.issworld.com

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LHMU

SHONKY OPERATORS GET “THE BOOT”

By Louise Tarrant, National Secretary, LHMU

It has been 12 months since the introduction of award modernisation for the security industry. For LHMU, while this milestone has had its trials it has also presented all within the industry a great number of opportunities.

On the positive side for both

This is because – unlike Work

industry players were able to reach,

employers and employees in the

Choices – Fair Work prevents

during many conferences, significant

private security industry, the creation

employers “negotiating” agreements

areas of agreement, reducing to a

of a single national award for the

with their workforce that undercut the

minimum the issues that needed “third

industry, replacing a plethora of State,

award.The Better Off Overall Test

party” Fair Work Australia arbitration.

Federal and enterprise awards, puts

(BOOT) requires that collective

all Federal system employers and

agreements seek innovative ways of

operation for the first of five

employees, for the first time, on an

competing for contracts – ways that

“transitional” years, and problems with

do not perpetuate a race to the

its contents have been few.There are

bottom on wages.

aspects of the award that the LHMU

equal footing.

Although the wages and classification structure of the modern award remain as minimalist –

The award has now been in

The development of the modern

would like to see improved, but the

Security Services Award 2010 during

LHMU feels the industry reached a

maintaining security employees

the award modernization process

reasonable outcome within existing

among the low-paid in Australia – the

involved considerable dialogue

legislative parameters for the award.

Fair Work Act 2009 has provided part

between the LHMU, the security union

of the means to reduce the incentive

and ASIAL, the major industry

the difficulties faced by security

for employers in contracting industries

employer representative. Unlike many

workers with the previous multi-

to compete on wage costs.

other industries, the two main security

jurisdictional industrial relations

The Union remembers only too well

continued page 33

32 //SECURITY INSIDER FEB/MAR 2011

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LHMU

system.The LHMU spent

Orders only. Other employers engaged

employment standards deriving from

considerable energy (and money)

in jurisdiction hopping – moving from

the Modern Award and the National

identifying new players in the security

State awards to Federal Awards or

Employment Standards (NES).

industry – including “Phoenix

vice versa in search of the cheapest

companies” – for roping in to Federal

option.

awards. Of course, some slipped

The new national system means

through the net and were award-free

that (with the exception of Western

in some States.

Australia, for the present) all private

In Victoria, in the dark years of

But there should be no doubt that the LHMU will always regard the modern award as setting minimum standards.

In our view, the minimum wages in

security providers will be covered by

the modern award continue to

Work Choices, some Victorian

the modern Security Services Award

undervalue the work of security

employers were encouraged to

by February 2011. None will be able to

officers and the inherent potential

restructure their operation to move off

hide from the obligation to meet the

dangers of that work.

the award and onto Minimum Wage

minimum wages, conditions and

The significant challenges for our

SECURITY INSIDER FEB/MAR 2011// 33

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LHMU

members – and for the industry – relate to raising the status of the sector through better training (leading to recognized qualifications), retention of staff through the provision of career paths and better paid and more worker-friendly and family-friendly conditions, greater job security through the elimination of casualisation and precarious work, and the elimination from the industry of sham contracting arrangements.

Of course, this is an agenda that will benefit the genuine employers in the industry as well as their LOUISE TARRANT

employees. It is in both our interests that shonky operators are driven out of the industry, and that levels of professionalism are raised. We acknowledge that ASIAL and its members support a similar agenda.

Sham contracting is currently the target of the Australian Building and Construction Commission, with the

them of their rights at work, pay and

Security workers are among the

likely development in 2011 of a code

condition entitlements, occupational

many thousands of workers in our

of conduct and practice for labour hire

health and safety requirements as well

community who have not shared fairly

in that industry, and a requirement

as other security issues. Current

in the economic progress of recent

that industry participants demonstrate

security officers will have a 30-minute

decades.The income shift away from

compliance with the code.The LHMU

session when they renew their

workers, the erosion of the social

will be informed by developments in

licenses.

wage, the increased risk exposure of

ÒSecurity workers are among the many thousands of workers in our community who have not shared fairly in the economic progress of recent decades.Ó

the building and construction industry.

Meanwhile, the LHMU is currently working with the Federal Government on sham contracting within the security industry in the ACT. Legislation, passed by the ACT

The program is being led by LHMU

individuals and households, the loss

officials with expertise in the security

of political agency and the erosion of

industry.

collective organization and legitimacy

The training sessions set a benchmark for the rest of the country and are consistent with the role that

make for an increasingly unequal and fragile democracy.

Redressing these problems should

Government in August, 2010 will

the LHMU has played in the industry

be the major focus for both

ensure that new people training to

by civilizing its operations and setting

government and civil society over the

enter the sector will take part in a two-

standards for training and other

next decade.The security industry will

hour information session informing

regulation.

also benefit from this scrutiny.

34 //SECURITY INSIDER FEB/MAR 2011

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Think security

…THINK ASIAL … Consumers do! ASIAL invests heavily in promoting its members to business, government and domestic users of security, by providing direct links to those security providers who are bound by the ASIAL code of conduct and are committed to providing the highest standards.

Join Australia’s peak national security body and access the strength, knowledge, benefits and resources exclusive to ASIAL members. To find out more visit www.asial.com.au/apply today.

The Peak National Body for the Australian Security Industry

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AUSTRALIAN SUPER

MODERN AWARD CHANGES

TO SECURE YOUR SUPERANNUATION The Federal GovernmentÕs new industrial relations reforms took effect just over 18 months ago and one of the key elements has been the award modernisation process. The importance of this for the security industry is the listing of AustralianSuper as the default super fund for security professionals, operators and employers.

Modern awards were introduced on 1

leave and leave loadings, and

AustralianSuper stretches back more

January 2010 to reduce and simplify the

superannuation.

than two decades.Today,

many Federal and State Awards that

In regards to superannuation, most

AustralianSuper is responsible for more

regulated employment in Australia. Each

of the modern awards stipulate default

than $500 million in retirement savings

of the modern awards defines the

funds to which employers must make

for members employed in the security

working conditions for the industry and/or

compulsory super contributions, unless

industry and ASIAL’s membership

occupations of the employees it covers.

individual employees choose their own

includes some of AustralianSuper’s

fund.

largest employers.

Modern awards have “common rule” application — meaning employers no

AustralianSuper, one of Australia’s

“Our long association and continuity

longer have to be listed by name in

largest and strongest performing

with the security industry has delivered

order to be bound by the award and

industry super funds, is proud to be

immeasurable benefits for both

employers may be covered by more

listed as the default fund for security

employers and employees, ensuring the

than one award.

professionals, operators and employers

lowest cost and the highest retirement

under the Security Services Industry

outcomes for members,” AustralianSuper

minimum terms and conditions of

Award 2010. AustralianSuper has been

Chief Executive Ian Silk said.

employment for about 85% of

nominated as the default fund in more

Australian employees.These may

modern awards than any other single

intensive and choosing the best super

include minimum wages, types of

fund to date – 73 of them, in fact.

fund to deliver great services and

The modern awards set out

employment, when work is to be performed, overtime and penalty rates,

Australian Security Industry Association’s (ASIAL) connection with

“The security industry is very labour

investment performance at low cost is an important consideration for businesses.” continued page 37

36 //SECURITY INSIDER FEB/MAR 2011

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local AustralianSuper Account Manager

capabilities, investment choice,

default fund they were using on 11

can assist you with sample wording for a

performance and fees, as well as

September 2008 or any successor fund,

superannuation clause.

looking at what it offers in terms of

Employers can continue to use the

as long as it is an eligible choice fund.

However, the individual employee’s

Only one enterprise agreement can apply to an employee at any particular

insurance options and valued-added member and employer services.

AustralianSuper is an industry super

choice of fund will always override the

time. It should cover a comprehensive

modern award.

set of terms and conditions of

fund that provides employers easy and

employment and comply with the

flexible administration, together with a

employers consider streamlining their

“better off overall” test, which means

raft of education, support and

company’s super obligations and

employees must be better off with the

investment options to make managing

arrangements under a specific enterprise

agreement overall than under the

super simple.

agreement if their employees are covered

relevant award.

AustralianSuper recommends that

by more than one modern award. If you

If you are considering changing your

For more information about AustralianSuper please call us on 1300

wish to nominate a default super fund in

default fund, it is vital you consider the

300 273 or visit

your next enterprise agreement, your

fund’s comparative strengths and

www.australiansuper.com

SECURITY INSIDER FEB/MAR 2011// 37

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INDUSTRIAL ReLATIONS

SHAM CONTRACTING – EMPLOYERS NEED TO ENSURE BONA FIDE RELATIONSHIPS

By Chris Delaney*

Subcontracting, pyramid subcontracting and using independent contractors in the private security industry may have the potential to expose many principal

independently (independent subcontractors); or • self-employed individual subcontractors who seek work through employment agencies.

contractors to actions for underpayment of wages, remedies for alleged unfair dismissal and/or contracts being overturned by Courts determining them to be “unfair”.

Subcontracting is a legitimate form of work arrangement that is primarily commercial and should be conducted in accordance with the law. Unfortunately a

The Independent Contractors Act 2006 and the Fair Work Act 2009 protect the status of independent contractors by freeing them from the constraints of industrial and employment laws.

Employers need to be careful to avoid entering into

significant number of subcontracting arrangements have

sham contracting arrangements with their workers.

been entered into as a means of avoiding various

Subcontracting should not be a substitute for direct

responsibilities under employment and taxation laws.

employment but a genuine commercial arrangement to

These arrangements are termed “sham contracting” and

supplement and compliment the direct workforce.

are unlawful and expose the parties to prosecution, fines

The status of contractors, while the subject of many

and claim for failure to provide minimum rates of pay and

legal decisions, still remains a matter of each arrangement

workplace rights.

determined on its individual merits. However, employers

Both the Fair Work Ombudsman and the ATO have

need to be aware that the Fair Work Act 2009 and the

made it clear that in 2011 they will pursue employers for

Independent Contractors Act 2006, have made it easier for

sham contracting.

the FWO and the ATO to prosecute them for sham

Subcontracting in the Private Security industry typically

contracting.

refers to the situation in which a head contractor allocates done to a specialist supplier of security services. It usually

BENEFITS AND RISKS OF ENGAGING CONTRACTORS

involves the following arrangements:

For many SMEs, using contractors rather than employees

• subcontracting businesses that employ workers under

may seem an attractive option because it can reduce

responsibility for a particular aspect of the work to be

an award or workplace agreement covering wages and

costs, increase flexibility, avoid the cost of superannuation

conditions and subcontracting to others when needed;

contributions, PAYG withholding tax, workers

• self-employed individual subcontractors who seek work

compensation premiums, annual leave, personal/carer's continued page 39

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SHAM CONTRACTING

leave, long service leave, notice of termination,

• He worked exclusively for the employer;

redundancy pay or minimum wages in modern awards.

• He was not able engage others to perform his work;

Attractive as this may seem, having these arrangements deemed to be shams (which many may well be), places the employer at significant risk of prosecution, including: • Prosecution by the FWO for sham contracting and breach of modern awards and National Employment

• He was subject to supervision by the employer; • Training was an inherent part of the business of the employer; • The content and assessment of the training provided to trainees by the contractor was controlled by the employer.

Standards, which can incur penalties of up to $33,000 per breach for a company and $6,600 for an individual • Prosecution by the ATO for unpaid superannuation contributions and PAYG taxation • Unfair dismissal and adverse action claims from a dismissed Worker

The features that support the contentions of the employer that the applicant was an independent contractor: • The contractor submitted invoices to the employer and charged the employer GST; • The contractor had his own business, business cards and business email address;

Two recent Cases provide prime examples of the

• The contractor was not subject to PAYG taxation;

exposure many employers have when using

• The contractor was paid by result;

“subcontractors”.

• The contractor was not paid annual leave, sick leave or any other entitlement normally associated with

TRAINER

employment;

Fair Work Australia has allowed a worker who submitted

• The contractor determined his own hours;

invoices to his employer, was not subject to PAYG taxation

• The contractor brought trainees with him when he

and was not paid any employment entitlements to

commenced with the employer and took trainees with

proceed with an unfair dismissal application.

him when he left;

Subcontracting in the Private Security industry typically refers to the situation in which a head contractor allocates responsibility for a particular aspect of the work to be done to a specialist supplier of security services.

FWA heard that the trainer engaged by a Geelong,

• The contractor completed BAS statements for his

Victoria-based training organisation in February 2009

business during the period of his engagement with the

determined his own hours, and had his own business,

employer and paid wages to an unnamed person and

business cards and business email address.

paid drawings to himself;

But Commissioner Anne Gooley ruled that the trainer

“The contractor was an integral part of the employer ’s

was an integral part of the employers business and that

business and in performing his role as trainer he was

he was subject to its control in performing his work.

subject to control by the employer .The employer

The employer allocated work to [the trainer] and supervised the work," she said.

allocated work to The contractor and supervised the work. While The contractor could determine the method by which he trained the trainees the curriculum and

SUMMARY OF THE EVIDENCE

assessment methods were dictated by the employer. The

The features that support the contentions of the applicant

contractor was not conducting his own business when he

that he was an employee

performed work for the employer.” continued page 40

>

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SHAM CONTRACTING

Commissioner Gooley therefore allowed him to proceed with his claim of unfair dismissal against the organisation.

LESSON FOR EMPLOYERS The lesson in this for employers is simple, just because you or your subcontractor label him/her as a subcontractor does not necessarily mean that they are one.

The arrangement must fit within the legal definition of a sub-contractor otherwise it may be deemed a sham arrangement and expose the employer to claims for employee entitlements including access to unfair dismissal remedies.

Keldote & Ors v Riteway Transport As a result of the decision in Keldote & Ors v Riteway Transport [2010] FMCA 394 (16 June 2010) (Keldote), companies will need to pay attention to questions of 'fairness' in the terms on which they engage independent contractors.The decision is an example of how, despite complying with terms agreed in a contract, a party may be subsequently liable for damages for a breach of the contract if a Court decides the terms were unfair.

Although the Independent Contractor’s Act provides that a contract cannot, once made, become unfair as a consequence of subsequent events, a Court may consider later events to satisfy itself whether aspects of the contract were unfair from the outset.

Keldote is an example of how a Court is given power by

services by independent contractors, principals should consider: • the extent to which the contract can be developed by negotiation and not imposed as standard form, and • an appropriate balance of advantage and disadvantage, with neither party being advantaged or disadvantaged disproportionately.

the ICA to: • review contracts that have been terminated and are no longer on foot • sever or amend contractual terms to overcome any perceived unfairness • insert amended terms that operate from the commencement date of the contract, and • award damages arising from a breach of an amended or inserted term.

General Protections of the Fair Work Act and reverse onus Sham contracting is specifically dealt with under the General Protections provisions of the Fair Work Act. Therefore the onus is on the employer to prove that they have not misrepresented a contract of employment as a contract for services under which the worker is treated as a contractor.

This makes it much easier for the FWO to prosecute

IMPLICATIONS FOR PRINCIPAL CONTRACTORS

employers for sham contracting because they no longer

It is evident from the Keldote decision that in determining

have to prove their case.That burden falls upon employers

fairness, a Court will have regard to the principal’s

to prove that they have not engaged in sham contracting.

unilateral rights under a contract and whether the exercise

The FWO has already launched targeted campaigns

of those rights would operate in an onerous way on the

throughout Australia in response to information about

contractor.

possible sham contracting and has recommended further

When entering into agreements for the provision of

campaigns for the security industry. continued page 41

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SHAM CONTRACTING

THIS CHECKLIST MAY HELP TO DETERMINE WHETHER YOUR INDEPENDENT CONTRACTORS ARE EMPLOYEES OR INDEPENDENT CONTRACTORS. IT IS A GUIDE ONLY AND IS NOT INTENDED TO PROVIDE A DEFINITIVE ASSESSMENT OF THE WORK ARRANGEMENT.

INDICATORS

YES

NO

UNSURE

1. IS THE INDEPENDENT CONTRACTOR GIVEN DIRECTION AND IS UNDER THE CONTROL OF THE PRINCIPAL?

2. DO THEY HAVE TO DO THE WORK PERSONALLY?

3. DO THEY PROVIDE ONLY LABOUR?

4. DO THEY WEAR THE PRINCIPAL’S UNIFORM?

5. DOES THE PRINCIPAL PROVIDE THE TOOLS AND VEHICLES, IF ANY, TO CARRY OUT THE WORK? 6. DO THEY WORK PRE-DETERMINED OR FIXED HOURS?

7. ARE THEY UNDER AN OBLIGATION TO WORK FOR ONLY ONE PRINCIPAL? 8. DO THEY RECEIVE REGULAR WAGES?

9. DO THEY RECEIVE PAID LEAVE ENTITLEMENTS?

10. ARE THEY PAID AN HOURLY RATE?

11. DOES THE EMPLOYER/ PRINCIPAL CONTRACTOR MAKE CONTRIBUTIONS TOWARDS SUPERANNUATION? 12. DOES THE TAX DECLARATION FORM STATE THAT THE INDEPENDENT CONTRACTOR AN EMPLOYEE? 13. ARE THEY REIMBURSED FOR EXPENSES INCURRED IN THE COURSE OF PERFORMING THE WORK? E.G. FUEL, TRAVELLING

continued page 43

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SHAM CONTRACTING

INDICATORS

YES

NO

UNSURE

14. IS PAY AS YOU GO INCOME TAX OR OTHER INSURANCES DEDUCTED FROM ANY PAYMENTS? 15. ARE THEY COVERED BY THE PRINCIPAL’S WORKERS’ COMPENSATION POLICY?* 16. DO THEY HAVE THE RIGHT TO DELEGATE THE WORK TO SOMEONE ELSE? 17. CAN THEY BARGAIN FOR THE RATES OF PAYMENT?

18. DO THEY PROVIDE THE VEHICLES, TOOLS AND OTHER MATERIALS IF ANY, TO CARRY OUT THE WORK? 19. ARE THEY ABLE TO ACCEPT WORK FROM OTHER PRINCIPALS?

20. DO THEY RUN THEIR OWN BUSINESSES?

21. CAN THEY REFUSE TO DO CERTAIN JOBS DUE TO OTHER COMMITMENTS? 22. CAN THEY PROFIT FROM THE SOUND MANAGEMENT OF THEIR WORK?

23. DO THEY TENDER A GST INVOICE FOR WORK PERFORMED?

24. ARE THEIR BUSINESSES TRADING CORPORATIONS? E.G. PTY LTD COMPANY 25. DO THEY HAVE A WRITTEN CONTRACT WITH THE PRINCIPAL CONTRACTOR? 26. DO THEY HAVE A BUSINESS LICENCE TO PROVIDE SECURITY SERVICES?

ASIAL RECOMMENDS THAT MEMBERS SEEKING TO ENTER INTO SUBCONTRACTING ARRANGEMENTS SEEK PROFESSIONAL ADVICE TO AVOID UNCERTAINTY AND EXPOSURE TO PROSECUTION.

Note: The information provided above is for convenient reference only. ASIAL and Chris Delaney & Associates Pty Ltd provide this information on the basis that it is not to be relied upon in any or all cases, as the circumstances in each matter are specific.

Accordingly, we provide this information for general reference only, but we advise you to take no action without prior reference to an Employee Relations professional. ASIAL members can contact Chris Delaney by emailing ir@asial.com.au

SECURITY INSIDER FEB/MAR 2011// 43

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SECURITY INDUSTRY

LEADERSHIP PROGRAM

2011

The private security industry is a dynamic and rapidly growing sector of the Australian economy. With annual revenues of about $6 billion and over 150,000 employees the security industry is constantly evolving and growing. As it grows, one of the key challenges facing the industry is attracting and developing its future leaders.

To address this need, the peak national industry body, the Australian Security Industry Association (ASIAL) has established the Security Industry Leadership Program 2011.

Designed specifically for managers and business owners in the security industry, the program will focus on developing the skills of the industry’s future leaders. Featuring an exceptional teaching faculty, the three-day program will provide a practical and interactive insight into the key factors to successfully managing and growing a security industry.

The program will focus on developing practical skills that you can apply at a personal, business and national industry level.

These include an understanding of how to: g communicate effectively g develop high performance teams g drive change g brand and differentiate the product or service you offer g manage conflict g identify the key elements that underpins the financial health of your business g use key principles of financial management to make effective business decisions

44 //SECURITY INSIDER FEB/MAR 2011

You will also be exposed to the diversity of the security industry and some of the issues facing the industry.

The strategic goals of the program are to strengthen succession management and to provide practical learning opportunities for future leaders in the industry.

Who should participate?

The program has been tailored to meet the needs of managers in medium-large security organisations. If you have a passion for the security industry and want to make a difference, then this program is for you.

Participants will be drawn from all sectors of the sector, regardless of your length of time and experience in the industry.

ASIAL is committed to building the capacity of the people in our industry and helping them make a real difference.

As a participant on the program you will benefit from a tailored and highly interactive learning environment that will: g Inspire you to become an effective leader and make a positive difference to both your business and the security industry as a whole.

g Provide you with practical leadership knowledge and skills. g Help you reach your goals and aspirations as a manager and leader. g Enable you to share ideas, develop new skills and gain new experiences to help grow your potential as a leader.

What we offer you: g Motivated and highly experienced facilitators g A tailored program allowing you to focus on issues that have a specific relevance to you. g The opportunity to build on your existing skills and experience.

What we expect from you: g Your active participation in all components of the program. g Your commitment to working collaboratively and respectfully with other participants and facilitators.

Graduates will receive a certificate of completion at the conclusion of the program.

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Page 45

17-19 May 2011, Sydney 11-13 October 2011, Melbourne

About your teaching faculty Chris Clark Chris Clark is a strategist, who teaches corporate strategy and strategic marketing at Macquarie University, including fifteen years teaching on the MBA program of the Macquarie Graduate School of Management, where he was until 2006 the Director of Corporate and Executive Education. From 2002-2004 he was director of the MBA program. He is also a consultant to some of Australia’s leading companies, across a wide range of industries, who draw on his presentation, problem solving and facilitation skills.

Graham Godbee Graham Godbee has been a lecturer in finance at Macquarie University Graduate School of Management and remains Visiting Fellow in the Centre for Money, Banking and Finance at Macquarie University. He has held executive management positions in large corporates in the roles of business development, marketing and finance.

Graham has been a director of several companies in Australia and overseas, including Australian Print Group, one of the largest printers in Australia.

Peter McGraw Associate Professor Peter McGraw is Director of the Labour-Management Studies Foundation and a faculty member in the Department of Business, Faculty of Business and Economics at Macquarie University. He teaches and researches in the broad area of managing people and runs executive education programs on leadership, change management and negotiation. Peter was a faculty member at Macquarie Graduate School of Management for 13 years where he taught on the MBA program and was Director of Executive Education. He has also worked as an academic at the University of Technology, Sydney and in employee relations roles in Australia and the United Kingdom.

Day 1: STRATEGY & MARKETING (Chris Clark) Summary: Strategy and marketing will look at the skills needed to position yourself successfully in a changing environment by understanding and satisfying the current and future needs of your customers against a complex competitive environment.

Day 2: FINANCE FOR MANAGERS (Graham Godbee) Summary: Finance is the lifeblood of any business. An understanding of cashflow and the financial levers behind it is central to all managers success. This session will explore the key elements of finance, giving participants a series of tools to understand

the financial health of their business.

Day 3: LEADING AND MANAGING PEOPLE (Peter McGraw) Summary: The ability to lead and manage people effectively is a key skill for all managers and an important predictor for a successful managerial career. This session will look at core techniques for effectively managing and leading people and give participants the opportunity to practice their skills via a range of interactive and challenging activities. Participants will have the opportunity to lead and manage each other during the activities and get feedback on their performance from their peers as well as the session leader.

For more information and course brochure visit www.asial.com.au/2011SecurityIndustryLeadershipProgram or email: events@asial.com.au

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OH&S HEALTH + CHECK

Disclaimer: The commentary from Aon has been prepared on the basis of a combination of information and based on our experience only. Aon accepts no liability for any loss or damage arising directly or indirectly out of incorrect use of its information or interpretation by any other person. Any liability that Aon may have to any persons in receipt of this of this information or any recipient for loss or damage arising out of reliance on this report is limited to the extent that Aon’s conduct directly causes the loss or damage.

46 //SECURITY INSIDER FEB/MAR 2011

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OH&S

OHS represents a major challenge for organisations and particularly with the impending introduction of the OHS harmonisation laws.

With these laws putting greater emphasis into organisations and their management it will be critical for organisations including those in the security industry to put more emphasis into the Occupational Health & Safety Management Systems (OHSMS).

Aon has developed for organisations

In the event safety audit is required, Aon can conduct these at AS4801, Safety Map and National Audit Tool levels.

Workers Compensation With the complexities of the workers compensation schemes in Australia many organisations struggle with understanding how they may best deal with the issues or how to improve what they have that works effectively.

the cost of the claim impacts on the premium cost for some years after the initial injury. One of the key strategies to reduce the cost of any claim is an early intervention strategy by implementing RTW programs in the workplace.

It is imperative that across both OHS and Workers Compensation that organisations do have a linkage as this has been determined the most effective approach in managing the overall cost of risk in this area.

ÒAon has developed for organisations the ability to ÔmeasureÕ their existing OHSMS through the development of a Health Check tool.Ó the ability to ‘measure’ their existing OHSMS through the development of a Health Check tool.This tool can be utilised to perform a basic desk top audit to undertaking a full and detailed gap analysis of an organisations OHSMS. Health Check is a high level systems review to provide an organisation with a snapshot of the existence and performance of the corporate framework that underpins its OHSMS and how consistently the system has been implemented at individual site level. It focuses on the following elements.

• Safety Management; • Injury management; • Claims management; and • Insurer management Health Check essentially looks for the existence of a system and provides feedback on the areas of opportunity for improvement.

No matter what jurisdiction you operate in claims cost can be the single biggest driver of workers compensation premiums and particular to the security industry is the risk where ‘host employers’ are involved. In certain jurisdictions the authorities may seek to recover from ‘host employers’ or the ability exists for this action to be pursued to minimise premiums but not pursued.This is an area of great impact to the industry.

Additionally, across all jurisdictions there is a need for employers to ensure they develop and implement appropriate return to work strategies as soon as possible so as to reduce the cost of claims as they impact on premiums. Whilst RTW obligations vary across jurisdictions, they are an imperative if companies want to take control of their workers compensation program. Workers compensation claims are considered ‘long tail’ claims, in that

Aon Hewitt Aon Hewitt is the largest People Risk practice in Australia employing over 100 specialists nationally on a broad range of consulting that includes workers compensation, OHS, Workforce Risk, Employer of Choice and HR solutions.

For further information on Aon’s broad range of People Risk Solutions contact John Capes from Aon Hewitt on 0414 957 619.

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INDUSTRIAL ReLATIONS

THE PROPOSED NATIONAL OH&S SYSTEM

By Chris Delaney*

The search for a national approach to occupational health and safety is ongoing.

With the model Act almost

The approach taken in developing

• Hazardous work

complete, the focus is now on

the regulations and Codes

• Noise

developing appropriate

For the past 12 months various groups

• Hazardous manual tasks

accompanying regulations and

including government, unions and

• Confined spaces

codes of practice.

business representatives under the

• Falls

chairmanship of Safe Work Australia

• High risk work

priority Codes of Practice under the

have been developing the draft

• Abrasive blasting

model Work Health and Safety Act,

regulations and Codes of Practice.

• Electrical work

The draft model regulations and

Safe Work Australia just released for public comment.

To see the entire document visit: www.safeworkaustralia.gov.au The plan is for the uniform

• Plant and structures The regulations and priority Codes of Practice.

The model regulations provide for detailed requirements for the

• Construction work (including high risk work and principal contractor obligations) • Hazardous chemicals (including

occupational health and safety laws

elimination or minimisation of risks

to be adopted by all States,

from various hazards, and

• Major hazard facilities

Territories and the Commonwealth

administrative matters such as

• Registration and licensing

so that they commence operation in

licensing and registration.The matters

(including plant, major hazard

January 2012.

covered by the regulations include:

facilities and persons)

However New South Wales has

• Representation and participation

concerns about adopting the model

of workers (including issue

laws unless it is allowed to retain

resolution and union right of entry)

union initiated prosecutions and a reverse onus of proof.

• General workplace management (including facilities, first aid, emergency plans)

48 //SECURITY INSIDER FEB/MAR 2011

inorganic lead and asbestos)

• Review of decisions made under the regulations • Exemptions from specific requirements of the regulations

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The priority Codes include: • How to manage work health and safety risks • How to consult on work health and safety • Managing the work environment and facilities • Managing noise and preventing

Page 49

requirements than currently exist in

model regulations this process is

others. For example the obligations of

discarded, with the hierarchy only

a principal contractor in Victoria,

specified for some high risk activities.

currently limited to identifying signage

The definition of reasonably

and safety co-ordination planning, will

practicable refers to what can

be greater with the addition of

reasonably be done. A duty holder

obligations for ensuring Safe Work

should first determine whether

Method Statements, workplace

elimination or engineering controls can

amenities, first aid, controls for

be provided and are reasonable,

• Hazardous manual tasks

eliminating or minimising fall risks, and

before relying on lesser controls (e.g.

• Confined spaces

other particular matters.The

instruction and training).

• How to prevent falls at the

requirements of the regulations will

hearing loss at work

workplace • Labelling of workplace hazardous chemicals • Preparation of safety data sheets for hazardous chemicals

however be less detailed than those

Penalties

currently provided for by regulation in

Four levels of penalty for breaches of

other jurisdictions such as New South

the regulations are proposed as

Wales and Queensland. Prohibitions

follows:

and requirements for live electrical

Breaches of regulations that are

In 2011 further policies will be released as part of their process of transitioning to regulating under the model laws with the aim of providing for uniform interpretation, guidance and enforcement of the laws.

• How to manage and control asbestos in the workplace • How to safely remove asbestos • Facilities for construction sites

work will also become more onerous

critical to control higher order risks will

in some jurisdictions and less so in

be considered to be breaches of the

others.

Act and the penalties applicable to

There are matters that are

such a breach will apply (up to $3

currently the subject of regulations in

million for reckless endangerment by a

some jurisdictions and/or that may

corporation; and more commonly $1.5

released in early 2011 for comment, as

have been appropriate for regulation

million for breaches giving rise to a

will various guidance materials.

that will not be included in the model

risk of death or serious injury).

Other Codes of Practice will be

In 2011 further policies will be

regulations.

This approach is currently applied in Victoria. Examples of relevant

released as part of their process of transitioning to regulating under the

Hierarchy of Controls

regulations are control of risks in

model laws with the aim of providing

Most State OH&S Regulations provide

confined spaces, falls, construction

for uniform interpretation, guidance

for a hierarchy of controls to apply in

and many of the requirements relating

and enforcement of the laws.

order to eliminate or minimise risks to

to asbestos.

Regulations in some specific areas

health and safety – from elimination

Breaches of risk assessment

will provide more detailed

through substitution, isolation,

requirements or other breaches giving

requirements in some jurisdictions

engineering controls, administrative

rise to a risk of death or serious injury

than at present, while at the same

(people) controls to personal

– $30,000 to $60,000 for a

time requiring less specific

protective equipment. Under the

corporation.

SECURITY INSIDER FEB/MAR 2011// 49

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INDUSTRIAL ReLATIONS

The release of the regulations and Codes of Practice demonstrate that the introduction of the model laws will occur and the amount of work that will be required to be ready for their commencement at the end of next year.

Breaches of general risk control,

will not be mandatory, but they may

organisation, consider the various

signage and notification requirements

be used in proceedings to

matters identified in the issues paper.

– $18,000 to $36,000 for a

demonstrate what was known about

corporation.

hazards, risks and risk controls.

Breaches of record keeping and

Comment is invited on this

The release of the regulations and Codes of Practice demonstrate that the introduction of the model laws

similar low level requirements, and

approach and the appropriateness of

will occur and the amount of work

breaches by workers of specific

particular penalties and their

that will be required to be ready for

requirements – $6,000 for a

application to specific regulations.

their commencement at the end of

corporation ($1,250 for an individual).

Infringement notices may also be

The public comment period

next year. Understanding and

provides an opportunity for business

complying with the new requirements

issued with penalties set at between

to carefully consider each of the

of the model Act and regulations

$1,200 and $3,600 for a corporation.

specific requirements as they may

should now be a priority for action

apply to work carried out by that

early in 2011.

Compliance with codes of practice

Note: The information provided above is for convenient reference only. ASIAL and Chris Delaney & Associates Pty Ltd provide this information on the basis that it is not to be relied upon in any or all cases, as the circumstances in each matter are specific.

Accordingly, we provide this information for general reference only, but we advise you to take no action without prior reference to an Employee Relations professional. ASIAL members can contact Chris Delaney by emailing ir@asial.com.au

50 //SECURITY INSIDER FEB/MAR 2011

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FEATURE D ASI AL ME MBE R P U BLICATIONS SECURITY OFFICER NOTEBOOKS The Security officer notebook is a convenient, pocked sized notebook for Security guards and patrol staff. Each page is ruled and numbered.

Dimensions are 8cm width x 13cm length x 1/2cm thick with 50 pages in each booklet.

Available for purchase by ASIAL members only.

ALARM MONITORING AGREEMENT Available as a hard copy booklet (50 agreements per book) or an electronic download.

Available for purchase by ASIAL members only.

(herein Customer)

Billing Address:

Transaction Details |

Recurring Service

System Details

Company Owned Monitored Alarm Customer Owned Monitored Alarm Burglary Fire Panic Duress Medical Perimeter Burglar Alarm CCTV Access Control Other ___________________ New/Existing

|

Monitored Services | Hardware Installed |

Recurring services to be provided

Equipment

Domestic Premises

Monitoring per month

$

Comprehensive Maintenance

$

Alarm Response**

$

Fire Monitoring

$

SALE OR INSTALLATION CHARGES

Sale, installation and/or

Commercial Premises

per unit

Supervised (open/closed)

$

Reports

$

additional per visit

Routine Inspection

$

Other________________________

$

System Operation as per attached commissioning sheet

Installation charges (basic package)

Installation charges (additions)

Customer Account No.: (if new system)

RECURRING MONITORING SERVICE CHARGES Billing frequency: monthly

$ $

quarterly other___________ Monitoring

$

Total other recurring services

$

$

Administration fee (if invoices req’d)

$

Deposit received

$

Recurring Monitoring Service Charge Total

$

BALANCE DUE

$

Number of months Agreement Term

TOTAL (inc gst)

recurring charges (tax invoice)

New System

Communications Network Charges are included or/are additional and not included in the Monitoring Charges.

All charges include GST. IN ALL STATES AND TERRITORIES, EXCEPT VICTORIA

THIS AGREEMENT IS SUBJECT TO A COOLING-0FF PERIOD OF 10 DAYS In Victoria – “Important Notice to the purchase (customer): you have a right to cancel this agreement within 5 clear business days.

Important details about your rights are set out in the termination notice provided with this agreement”

INSTALLATION/COMPANY REPRESENTATIVE

MONITORING COMPANY

Authorised Company Representative or Agent Name (print)

Company Representative Signature

Representative Name (print)

Date:

/

Company Title

$96.00 electronic version or

/

s

Representative to Sign

Licence No:

Date:

Position/Title

/

/

s

Licence No:

In all States and Territories except Queensland and the Northern Territory this agreement is not valid until accepted by the above Company.

CUSTOMER ACCEPTANCE OF TERMS AND CONDITIONS: I am authorised to sign this Agreement on behalf of the Customer: (a) agree to receive the Monitoring Service on the Terms and Conditions printed on overleaf/ Page 2; (b) have received statements/notices as prescribed by the law; (c) promise that the Customer and Payment details disclosed are correct; (d) authorise the collection, use and disclosure of any information obtained in connection with this Agreement for commercial purposes; (e) agree that a commission can be paid to any person who introduces the Customer. The Australian Security Industry Association Limited ABN 91 000 813 365 (“ASIAL”) is not a party to this Agreement. Customer acknowledges that ASIAL is under no obligation to provide any service to Customer. ASIAL is not responsible for any act or omission of an ASIAL member. This Agreement is subject to the laws of Australia

Authorised Customer Representative:

Signature: I have read and accepted the standard Terms and Conditions of the Alarm Service Agreement

$106.00 per booklet

Customer Title:

Date: see overleaf for payment details

Monitoring Service Agreement ©ASIAL 2002 V2.0

To purchase visit www.asial.com.au/store

ONLINE COURSES

SECURITY INSIDER SUBSCRIPTIONS

BUSINESS ESSENTIALS BUNDLE

BI-MONTHLY PUBLICATION 1 year subscription:

2 year subscription:

$59.00 ASIAL members

$99.00 ASIAL members

$75.00 Non members

Cost: Normally $395.00 Limited ASIAL member offer $280.00

(herein Company)

ABN:

Of

Jan/Feb 2011 only.

Course duration: 1-1.5 hours

ABN:

And Customer

$295.00 for 100 booklets

Business tools created to ensure on-going business success in 2011.

Alarm Monitoring Service Agreement

Agreement No.:

Master Lic. No. 407562064

Agreement Between

INSIDER_Apr_May10 Iss2_52pp

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SECURITY

$115.00 Non members

INSIDER_Aug_Sept10 Iss4_76pp

Page 1

THE MAGAZINE FOR SECURITY PROFESSIONALS

PUBLISHED BY THE AUSTRALIAN SECURITY INDUSTRY ASSOCIATION

[MAG AZINE]

3/8/10

8:05 PM

SECURITY

INSIDER Feb09 Iss1_48pp

Page 1

THE MAGAZINE FOR SECURITY PROFESSIONALS

PUBLISHED BY THE AUSTRALIAN SECURITY INDUSTRY ASSOCIATION

VOL.15 | ISSUE.2 | APR/MAY 2010

[MAG AZINE]

6/2/09

10:51 PM

Page 1

SECURITY

THE MAGAZINE FOR SECURITY PROFESSIONALS

PUBLISHED BY THE AUSTRALIAN SECURITY INDUSTRY ASSOCIATION

[MAG AZINE] VOL.14 | ISSUE.1 | FEB/MAR09

VOL.15 | ISSUE.4 | AUG/SEP 2010

AVIATION SECURITY

on route to change

OFFICIAL EVENT GUIDE

Security2010 EXHIBITION AND CONFERENCE 1 – 3 SEPTEMBER 2010 SYDNEY CONVENTION & EXHIBITION CENTRE

KEEPING THE SPORT OF KINGS SAFE PP255003/02390

38 25

PP255003/02390

47 25

45 25

PP255003/02390

visit www.asial.com.au/onlinetraining

SECURITY 2010 1-3 SEPTEMBER, SYDNEY

The Peak National Body for the Australian Security Industry

2009 Australian Security Industry Awards for Excellence & ASIAL 40th Anniversary Dinner 30 April 2009, Crown Melbourne

To purchase any ASIAL publication visit www.asial.com.au/store

corporate design: ©2011 www.webfx2.com.au

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ASIAL Certified Security Monitoring Centres*

Current as at: 02 February 2011 Company (short form name)

State

Cert. No.

Grade

NSW

317

A1

09 Mar 2011

Allcare Monitoring Services

WA

334

A2

28 Feb 2012

ARM Security

WA

318

A1

10 Mar 2011

ART Security

VIC

356

A1

30 Oct 2012

Central Monitoring Services

NSW

343

B1

21 Mar 2012

Commonwealth Bank of Australia

NSW

354

A1

24 Sep 2012

Energize Australia

VIC

345

C2

18 Mar 2011

Golden Electronics

TAS

355

A1

17 Oct 2012

Grade One Monitoring

NSW

333

A1

13 Feb 2012

Grid Security Services

NSW

336

A1

18 Mar 2012

IAG (operating with IAG Data Centre)

NSW

329

C1

27 Nov 2011

Instant Security Alarms

QLD

320

A1

09 Jun 2011

ISS Security Services (Manpower Response)

NSW

335

C3

30 Nov 2011

Linfox Armaguard

VIC

346

A1

08 Aug 2012

Mekina Technologies

TAS

349

A1

16 Aug 2012

NSS Group

NSW

341

A1

07 May 2012

Onwatch

NSW

357

B1

31 Dec 2011

Paul-Tec Australia

NSW

342

A2

13 May 2012

VIC

348

C2

31 July 2012

ADT Security

Protection Pacific Security RAA Security Services

Expires

SA

358

A1

12 Dec 2012

Secom Australia

NSW

327

A1

14 Dec 2011

Sectrol Security

VIC

322

B2

02 Jul 2011

Securemonitoring

VIC

328

A1

23 Nov 2011

Security Alarm Monitoring Service

SA

344

A1

18 Jun 2012

Sesco Security Co

WA

319

A1

03 Mar 2011

Signature Security

NSW

352

A1

03 Oct 2012

Signature Security

WA

353

A1

30 Jun 2011

SMC (Chubb)

QLD

330

A1

07 Dec 2011

SMC (Chubb)

VIC

332

A1

16 Dec 2011

SNP Security (Newcastle)

NSW

321

A1

17 Aug 2011

SNP Security (Sydney)

NSW

347

A1

13 Aug 2012

Spectus

WA

325

A1

02 Sep 2011

State Govt Protective Security Service

QLD

340

C1

22 May 2012

Summerland Security Services

NSW

331

C2

30 Nov 2011

Westpac Banking Corporation

NSW

338

A1

19 Mar 2012

Woolworths Limited

NSW

351

C1

04 Nov 2012

*The above-listed ASIAL Certified monitoring centres comprise those establishments that have been inspected and graded for compliance with the applicable Australian Standard: AS 2201.2 – 2004. PLEASE NOTE: ASIAL takes no responsibility for listed companies which may change the nature of their operations subsequent to Certification.

52 //SECURITY INSIDER FEB/MAR 2011

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ASIAL MEMBER PROGRAM

MEMBER RECOGNITION PROGRAM ASIAL is pleased to announce the launch of a new Member recognition program to reward

Excellence, Melbourne on 4 May 2011.

Platinum, Gold, Silver and Bronze Members

Corporate Members who have held

will be presented with a membership

consecutive years of ASIAL membership.The

certificate stating their recognition level and

program will provide eligible long standing

will have access to a Platinum, Gold, Silver or

Members with an additional point of difference

Bronze icon for use in conjunction with the

when promoting their security services.

ASIAL Member logo. Members in the program

Eligible Corporate Members will be

will be acknowledged on the ASIAL website, in

recognised once they attain the following

Security Insider magazine and in a First Alert

milestone anniversaries:

e-newsletter.

Recognition level

Years of consecutive membership

Bronze member

6 – 10 years

Silver member

11 – 15 years

Gold member

16 – 25 years

Platinum member

25 years +

The program will be officially launched at The Australian Security Industry Awards for

For further information on the program please email: security@asial.com.au.

SECURITY INSIDER FEB/MAR 2011// 53

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ASIAL NEW MEMBERS

WELCOME TO OUR NEW MEMBERS ASIAL is pleased to welcome the following new members who joined the Association during November and December 2010: CORPORATE MEMBERS

Combined Security Solutions

AISM Australian Investigation and Security Management

Eagle Eye Security Management

API Services and Solutions Pty Ltd

Excell Security (AUST) Pty Ltd

APS Alliance Group Pty Ltd

Exceltech Industrial Electrics Pty Ltd

Australian Goldstar Security Services Pty Ltd

Falcon Security Services Aust Pty Ltd

Designer Security

Genesis Tech

Granite Belt Protective Services Pty Ltd

Goldring Security Pty Ltd

Phoenix Security And Protection

Hitex Services Pty Ltd

Port Denison Security Services

Lazer Security (Qld) Pty Ltd

Powercorp Security Services Pty Ltd

Mistro Security Services

Sun Security Personnel

New England Security

TJS Security Services Pty Ltd

New Era Security Pty Ltd

Total Security Systems Pty Ltd

Phantom Security Piekar Comm Services

PROVISIONAL CORPORATE MEMBERS

Pro-tect Security Management Pty Ltd

4SITE Protection

Python Security Services Pty Ltd

Activeye Security Group Pty Ltd

Safeguard Security

All Coast Security Contracting Pty Ltd

Scope Security Services Pty Ltd

Alliance Security Australia Pty Ltd

Secure Protection

Arma Security Service Pty Ltd

Securepro Premium Security Services

Armidale & Northern Tablelands Security Pty Ltd

Security Alarm Services (SAS)

At Playland Pty Ltd

Secutek Security

B.A.V Security Australia

Seedigital Australia Limited Partnership

Bluebells Australia Pty Ltd

Shark Security Services Pty Ltd

Brauny Protective Services

Taktik Holdings Pty Ltd

Checkmate One Pty Ltd

The trustee for the Cornacchione Family Trust

54 //SECURITY INSIDER FEB/MAR 2011

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Titan Security Group Pty Ltd

safeguarding public interests. Whatever your size or activity,

TJ's Alarms

ASIAL has specialist access to services, support, information

Victorian Corporate Protective Guarding

and representation to help your business prosper.

Viewpoint Protection Services

To become a member of the peak national security association visit www.asial.com.au/apply or phone 1300 1ASIAL.

W & J Enterprises Pty Ltd YB Group Pty Ltd Zirenn

Refer a friend to ASIAL Help build a stronger security industry!

ASSOCIATE MEMBERS

If you know of a security provider that aspires to the highest

Emirates Hotels (Australia) Pty Ltd

professional standards and might be interested in becoming

Milton Ulladulla Ex Servos Club Limited

a member of ASIAL, let us know.

Queensland Performing Arts Trust

By referring them to join ASIAL, you will be helping to build a stronger and more professional security industry. Visit

Think Security, THINK ASIAL

www.asial.com.au/referafriend or phone 1300 1ASIAL to find

As Australia’s peak national security body, ASIAL is dedicated

out more. Please note: You will need to log into the Member

to supporting members, promoting standards and

only area of the ASIAL website to access this page.

ADVERTORIAL

SECURITY COMMANDER™ HAS ARRIVED The most powerful Windows management software for Challenger™ is now available from Direct Alarm Supplies. Security Commander is a highly-scalable multi-site application that can support up to 128 Challenger panels, over 6,000 intelligent doors and 32,000 alarm points.

One of Security Commander’s standout features is its client-server architecture, capable of allowing up to 10 operator workstations to manage the system simultaneously. Multi-site partitioning further enhances Security Commander’s ability to manage geographically dispersed sites over an IP network or multiple tenant offices in the same building.

Security Commander is compatible with Windows 7 and is intelligently based on a SQL database, ideal for easy access to raw data for powerful database replication, information exchange and custom reporting. An XML-based API additionally allows integration to thirdparty HR or payroll systems.

Operators can intuitively control inputs, areas, and doors from Security Commander’s userfriendly maps, as well as, retrieving video via graphical icons displayed on a map of your facility. Icons are fully-customisable and capable of dynamic updates to indicate multiple changes of state.

Even more exciting news is Security Commander’s video integration

capabilities with supported GE/UTC DVR’s, allowing Challenger alarms and other events to be linked to video footage for improved operator response and easier post-event investigation.

Eager to find out more? Contact your local Direct Alarm Supplies branch today for a demo and information about training dates or visit our website at www.das.com.au

SECURITY INSIDER FEB/MAR 2011// 55

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HOT PRODUCTS

ACTi TCM-3011 IP Wide Dynamic Camera n Central Security Distribution > (02) 8014 2600 n Email > enquiries@centralsd.com.au n Web > www.centralsd.com.au

ACTi’s Versatile IP Dome: Like a Swiss-Army Camera for IP Surveillance Systems, ACTi’s TCM-3011 boasts an impressive array of features making it the ideal indoor IP dome camera. High glare or low light conditions are no trouble this Wide Dynamic camera supported by LED illumination with mechanical IR cut filter.

Stream your image in H.264, MPEG-4 or MJPEG compressions with Dual streaming up to 30fps at 640 x 480 resolution.

With a choice from 7 alarm response actions, (including email verification, command other devices and upload video), the on board Video Motion detection and digital input become powerful and versatile features.

As our daily life is increasingly demanding higher tech solutions, Acti’s TCM3011 provides security integrators with an intelligent and versatile option with the feature set to enhance any installation.

NEW!

NEW!

UTC Fire and Security release Challenger™ IP LAN Adaptor n Direct Alarm Supplies > (02) 9717 5222 n Email > info@das.com.au n Web > www.das.com.au

Save time and money installing Challenger™ with the newTS0098 Challenger IP LAN Adaptor. TS0098 modules allow Challenger RS-485 LAN data to be carried over an IP network.This provides an IP connection between a Challenger panel and its LAN devices such as Remote Arming Stations (RAS) and Data Gathering Panels (including Intelligent Access Controllers) reducing the need for dedicated wiring of expensive two-pair twisted, shielded data cable (Belden 8723).

The TS0098 also enables physically separate segments of the Challenger RS485 LAN to be linked together over an IP network, either to extend distance or inexpensively utilise existing IT infrastructure. TS0098 modules provide securelyencrypted IP communications via a unique 128-bit encryption key. For more information, please visit www.utcfs.com.au/IPLAN

RoboCam R1 body-worn camera system n ValuTronics Pty Ltd > NSW – 1300 1333 66 n Email > info@valutronics.com.au n Web > www.valutronics.com.au

RoboCam is a totally mobile security system comprising of a portable hard drive and headset with a custom made shoulder holster for user convenience.

RoboCam is an essential asset for any professional security operative that wants to protect their livelihood. A false allegation could cost an operative their hard earned license and consequently their means to earn a living. RoboCam can ensure that this never happens to you.

Every RoboCam unit provides multi-level password protection and frame counters to guarantee that your data tamperproof. The hands free unit enables the user to have an instant record of everything they hear and see.The RoboCam body-worn video system uses advanced digital recording technology, which is a modern corroborative recording solution.

56 //SECURITY INSIDER FEB/MAR 2011

NEW!

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HOT PRODUCTS

ACTi 1.3MP CCD IP Dome Camera n Central Security Distribution > (02) 8014 2600 n Email > enquiries@centralsd.com.au n Web > www.centralsd.com.au

ACTi's unique CCD Megapixel Cameras deliver industry-leading low light performance! Traditionally, CMOS-based megapixel cameras have delivered poorer low light performance than analogue CCD-based cameras. ACTi bring the low light performance of CCD technology into its Megapixel range with this newest release.

Empowered by ACTi's extensive technological innovations in the development of JPEG/MPEG-4/H.264 format, ACTi's worldwide partners and customers enjoy best-quality video performances from VGA up to Megapixel resolution at minimum bandwidth.

Features: CCD for Low Light Imagery, 1.3 Megapixel, Day/Night, IR Illumination, Outdoor Housing, 3-9mm Lens, 12VDC or POE.

UniGuard Robust Attendance Recorder n ValuTronics Pty Ltd > NSW – 1300 1333 66 n Email > info@valutronics.com.au n Web > www.valutronics.com.au

The UniGuard system represents outstanding value for money, easy setup and zero maintenance. A security operator simply passes by and touches a small checkpoint to record beyond any doubt that they attended that area. Cannot be any simpler!

The UniGuard Robust Recorder will hold over 4,000 events in its non volatile memory, each event holds identification data, date and time accurate to the second. The wand comes with a high power lithium battery, guaranteed to last five years without recharging. It incorporates shock logging. This feature rates impacts to the recorder, storing time of the impact and intensity.The wand is fully watertight, microwave-oven proof and comes with a 25 month warranty.

INSIGHT V5

n Central Security Distribution > (02) 8014 2600 n Email > enquiries@centralsd.com.au n Web > www.centralsd.com.au

Insight Version 5, Inner Range’s system management software for the Concept 4000, delivers a host of exciting new features with this newest release.

Tag Board provides a full-screen display for user location, and User Qualification which allows access through doors to be governed by user certifications - ideal for OH&S applications. Editing users is now a simpler process with the reorganisation of the Insight Edit user screens; multiple tabs have been simplified and all relevant user information is accessible on a single screen. Insight V5 introduces a brand new User Credit feature, ideally-suited to car park applications, while the User Qualification system has been specially designed to help organisations manage their OH&S requirements.

SECURITY INSIDER FEB/MAR 2011// 57

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ASIAL NATIONAL CALENDAR OF EVENTS 2011 FEBRUARY

AUGUST

TAS breakfast briefing & Security Services Industry Award 2010 Information Seminar 23rd February, Hobart QLD breakfast briefing & Security Services Industry Award 2010 Information Seminar 24th February, Herston VIC breakfast briefing & Security Services Industry Award 2010 Information Seminar 25th February, Melbourne

Security 2011 Exhibition & Conference 24-26 August, Sydney Security 2011 Cocktail Reception 24th August, Sydney Security 2011 Gala Dinner 25th August, Sydney

OCTOBER Leadership Program 11-13 October, Melbourne

MARCH SA breakfast briefing & Security Services Industry Award 2010 Information Seminar 3rd March, Adelaide WA breakfast briefing & Security Services Industry Award 2010 Information Seminar 4th March, Perth

TAS breakfast briefing 13th October, Hobart SA breakfast briefing 20th October, Adelaide ACT breakfast briefing 20th October, Canberra

NSW breakfast briefing & Security Services Industry Award 2010 Information Seminar 9th March, Parramatta ACT breakfast briefing & Security Services Industry Award 2010 Information Seminar 10th March, Canberra

NOVEMBER VIC breakfast briefing 4th November, Melbourne QLD breakfast briefing 9th November, Herston

MAY Industry Awards for Excellence 4th May, Crown Casino, Melbourne

NSW breakfast briefing 16th November, Ryde

Leadership Program 17-19 May, Sydney NSW breakfast briefing 25th May, Ryde

JULY SA breakfast briefing 7th July, Adelaide

QLD breakfast briefing 13th July, Herston

WA breakfast briefing 8th July, Perth

TAS breakfast briefing 14th July, Hobart

ACT breakfast briefing 12th July, Canberra

VIC breakfast briefing 22nd July, Melbourne

Register Online www.asial.com.au/eventscourses or email events@asial.com.au

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