B2B Magazine issue 108 September 2015 by B2B magazine

108 SEPTEMBER 2015

B2BMAGAZINE.COM.AU

A NEW PARADIGM IN PROPERTY INVESTMENT Choose Properties

PLAN AHEAD FOR YOUR END OF YEAR ENTERTAINMENT Peter Funnell Entertainment

– COVER STORY –

BUILDING CONFIDENCE FOR THEIR CLIENTS

VOICES IN THE FORREST CELEBRATING 5 YEARS

WHAT DOES YOUR LINKEDIN PROFILE PICTURE SAY ABOUT YOU? HORIZONONE RECRUITMENT

THE NOWWHERE-HOW OF BUSINESS PLANNING RSM BIRD CAMERON CHARTERED ACCOUNTANTS

$4.95 inc. GST ISSN 1833-8232

9 771833 823005

VILLAGE BUILDING and the NATIONAL ARBORETUM PR

A Magnificent Musical Showcase - World-Renowned P

VOICES IN T 30th NOVEM

4.45pm – GATES OPE NATIONAL ARBOR

Simon O’Neill

Inessa Galante

Peter Coleman-Wright

“Simon O’Neill is the most complete Otello since Placido Domingo — his grandest passages are deeply stirring”. Michael Tanner, BBC Music Magazine MAJOR SPONSOR

MEDIA PARTNERS

GOLD SPONSOR

BRONZE SPONSORS

DINNER AFTE

Seated 2‐course wine, $75 per head purchase of a c SUPPORTED BY

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www.voicesintheforest.com.au

CONTENTS

PUBLISHER'S NOTE

AUSTRALIAN DEMOCRACY… With the risk of voicing the opinion of an undergraduate political science TIM student, I feel the need to rant about BENSON the Abbott Government’s proposal Publisher to have a national referendum about same sex marriage. Why do we need to do this? Does same sex marriage require constitutional change? Absolutely not. Then why have a national referendum? Is it something that our Federal Parliament has no power over? Nope, there is the Marriage Act 1961. Is there a history of the Federal Parliament defining what marriage is? Yes, in 2004 the Howard Government amended the Marriage Act to define marriage as: Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. So the precedent is there, set in place by, current Prime Minister, Tony Abbott’s mentor. Let’s call a ‘fig a fig and a trough a trough’. Prime Minister Abbott is playing politics with this issue. He doesn’t support same sex marriage and is setting in place a process that is delaying and stalling the democratic process of letting the parliament decide. Rant part 2: When I became aware that Australian Border Force was intending to take to the streets in Melbourne to check random stranger’s immigration status, I thought this must be a joke, so I rang the Australian Border Force Media Unit and discovered that it was their media release and it wasn’t a joke. The Australian response to this was totally appropriate: shock, opposition and protest. The response was swift from the Victorian Police and the joint operation was canned before it began. I don’t buy for one second the lame response from Australian Border Force that the outrage was due to a poorly worded media release from a junior communications officer. Are they suggesting that if the wording was softer then this sort of activity would be deemed acceptable by the Australian people? We do not want immigration police in this country. What is the difference between immigration police in Australia pulling people off the street for visa violations and religious police pulling people off the streets of Tehran for wearing their headscarf too high on the forehead? Nothing, they both drive fear in the community. This incident should not be swept under the carpet. We need to know what this new paramilitary force is doing in our name. That junior communications officer should be promoted. Send all comments to: editorial@b2bmagazine.com.au

Photo by Kasra Yousefi

12 COVER STORY BUILDING CONFIDENCE FOR THEIR CLIENTS ROSIN BROS

CONTENTS

20 FAMILY LAW Child support – when, how and why? by Dobinson Davey Clifford Simpson Lawyers

FEATURE 05 Celebrating five years Voices in the Forest 08 Enduring Powers of Attorney – what an attorney needs to know Dobinson Davey Clifford Simpson Lawyers

10 What does your LinkedIn profile picture say about you? HorizonOne Recruitment

22 BUSINESS SUSTAINABILITY Energy saving tips for your business by Actsmart Business recycling. energy. water.

14 The Now–Where–How of Business Planning RSM Bird Cameron Chartered Accountants

24 RECRUITMENT Here's how to settle into a new team by Hays Recruiting experts worldwide

BUSINESS PROFILE

24 SPORT Spending, sponsorship and sport by Yabba.guru

06 A new paradigm in dealing with investment firms Choose Properties

25 WEBSITES Forget clicks – attention is the new currency by Synapse Worldwide

COVER STORY

r bus10 iness

ow you

12 building confidence for their clients Rosin Bros Residential Builders

A2B: ASSOCIATIONS TO BUSINESS

ADVICE FROM THE EXPERTS 17 ACCOUNTING Can you have too much proﬁt? by RSM Bird Cameron Chartered Accountants 17 BANKING The importance of credit rating by ANZ Mobile Lending

18 BOOKKEEPING Financial management made easy with cloud accounting by Tailored Accounts

ed fo r Suc cess. ISSN 1833-8232 LEGAL NOTICE

G2B: GOVERNMENT TO BUSINESS

BUSINESS NETWORKING 30 B2B @ CANBERRA SYMPHONY ORCHESTRA SEASON LAUNCH at The Boat House by the Lake Restaurant 31 B2B @ LAUNCH OF CAPO’S 2015 AWARDS ROUND Canberra Museum and Gallery

19 BUSINESS LAW The dangers of "Good Faith" by Bradley Allen Love Lawyers

on to d 00 | w ay and le ts ww.r smi.c om.a

26 CANBERRA BUSINESS CHAMBER Is it time to wrap our heads around wraparound service?

28 CHIEF MINISTER'S MESSAGE Business Conﬁdence on the rise in CBR

18 BUSINESS ADVISORY Managing value risk in Family Law disputes by Vincents Chartered Accountants

22 INTELLECTUAL PROPERTY Copyright in plans or project materials by Arete Group

32 B2B @ CAPCORP GROUP PRIVATE TOUR AND VIEWING OF THE NEW MERCEDES AMG GT Mercedes Benz Canberra

19 CORPORATE GOVERNANCE The need for reform by Australian Institute of Company Directos

33 B2B @ ACT PROPERTY COUNCIL ANNUAL DINNER 2015 AWARDS ROUND New Parliament House

20 ENTERTAINMENT Plan ahead!! by Peter Funnell Entertainment

EDITOR / PUBLISHER

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Man Bites Dog Public Relations (‘MBD’) owns the copyright in this publication. Except for any fair dealing as permitted by the Copyright Act 1968 (Cwth), no part of this publication may be reproduced without the prior written permission of MBD. MBD has been careful in preparing this publication, however: it is not able to, and does not warrant that the publication is free from errors and omissions; and it is not able to verify, and has not verified the accuracy of the information and opinions contained or expressed in, or which may be conveyed to readers by any advertisement or other publication content. MBD advises that it accepts all contributed material and advertisements contained in this publication in good faith, and relies on various warranties and permissions provided to it by the persons who contribute material and/or place advertisements. Those warranties and permissions include that neither the material and/or advertisements are misleading, deceptive or defamatory, and that their use, adaptation or publication does not infringe the rights of any third party, or any relevant laws. Further, MBD notifies readers that it does not, nor should it be understood to endorse, adopt, approve or otherwise associate MBD with any representations made in contributions and/or advertisements contained in the publication. MBD makes no representation or warranty as to the qualifications of any contributor or advertiser or persons associated with them, and advises readers that they must rely solely on their own enquiries in relation to such qualifications, and be satisfied from those enquiries that persons with whom they deal as a result of reading any material or advertisement have the necessary licences and professional qualifications relating to the goods and services offered. To the maximum extent permitted by law, MBD excludes all liabilities in contract, tort (including negligence) and/or statute for loss, damage, costs and expenses of any kind to any person arising directly or indirectly from any material or advertisement contained in this publication, whether arising from an error, omission, misrepresentation or any other cause.

F E AT U R E

Cheryl Barker AO Diego Torre

VOICES IN THE FOREST celebrates 5 years with an exceptional array of Opera talent

his year will see Voices in the Forest celebrate its 5th anniversary as Canberra’s leading international music concert. Since 2011, the outdoor gala spectacular has brought many world-renowned opera singers to the amphitheatre of the National Arboretum such as Sumi Jo, Anne Sofie von Otter, Emma Matthews and Inessa Galante. This year’s concert promises another magnificent showcase of talent starring Cheryl Barker AO, Diego Torre, and José Carbó. Cheryl Barker is one of the finest sopranos to emerge from Australia in recent years and has performed throughout Europe including Hamburg, The Netherlands, Paris, The English National Opera, Covent Garden as well as Beijing and Houston USA. Diego Torre, foremost Mexican tenor is known throughout Europe, USA and Australia; Argentinean born Australian baritone José Carbó who has recently joined the roster of principal artists at the Metropolitan Opera in New York. The event has grown significantly in its 5-year journey to secure itself a place on the Canberra social calendar as a key cultural event.

Event organiser, The Village Building Company, can fondly remember some of the challenges it has faced in organising the early years. “2011 was quite interesting to execute. The National Arboretum was still a construction site, only the footings of the Village Centre were down” said Bob Winnel Managing Direct of the Village Building Company. “The 2012 launch was in the ‘nearly complete Village Centre’ and guests and performers endured the Arctic June winds blowing through the windowless structure”. “As areas of the National Arboretum have been completed, we have been able to offer patrons a higher level of experience, including VIP cocktail events and dinners, providing patrons with an opportunity to meet the performers. We have also introduced the children’s program so that parents could relax and take in the show. “Last year we introduced a feature opera segment and for the 5th anniversary we are thrilled to feature La Bohème – an opera each of the three performers have made their own on various world stages. “It’s been a truly rewarding experience creating Voices in the Forest. We are proud to

have developed this event into an occasion that the music lovers of Canberra can look forward to.” Free and continuous buses will be leaving from the bus stop at Edinburgh Avenue, Acton (opposite the QT Canberra Hotel) or from Platform 10 at the City Bus station (Northbourne Avenue) from 2.30pm. After the concert buses will leave the Arboretum from 9.30pm. For more information visit www.voicesintheforest.com.au or book through www.canberraticketing.com.au or phone 62752700.

Voices in the Forest 2015 will be held: Date: Saturday 21 November 2015 Where: National Arboretum Canberra Time: Gates open at 2.30pm, Concert starts at 5.30pm, finishes at 9.30pm

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PROFILE

A new paradigm in dealing with property investment firms Photography by Kasra Yousefi

t Choose Properties, we believe in empowering people through education. We give our clients the information to make astute property investment decisions by offering a complete solution—with objective advice on investing in new or existing properties, interstate or locally. Honesty and independence are our cornerstones Choose Properties principals, Abby Morphett and Nyka Tea, have many years of property investment experience, backed by tertiary qualifications in related fields. We established our business to deliver honest, reliable and independent property advice to clients across Canberra. It is our commitment to honesty and accountability that protects our clients from manipulative sales techniques. We do this by guaranteeing that there is absolutely no pressure on investors to make quick, uninformed decisions on poor quality, onesize-fits-all investment properties. Our approach is a series of focused meetings with the client—and their associated professional network—to fully understand their long-term needs, objectives and goals. From there, we conduct extensive research on investment properties that provide strong potential capital growth and proven rental returns. The point of difference with Choose Properties is that our research goes above and beyond anything provided by developers or agents. We engage in our own independent research on the ground, as well as using paid reports. We then provide a comprehensive analysis of the client’s investment opportunities, with all statistics referenced and up to date.

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A philosophy of transparency through professional networks Choose Properties’ commitment does not end with property recommendations. We help facilitate the entire purchase process, from the initial meeting through to finding the right tenants. With our impeccable negotiation skills, our clients are able to reap the benefits of our relationships with a wide professional network of builders, agents and developers. To help clients through the purchase process, Choose Properties also connects investors with experts in their chosen fields. These specialists include financial planners, accountants, lawyers and financiers. It is all part of our philosophy of promoting impartiality through external, independent advice. This may be unattainable if your property investment adviser also does your finance, your insurance, and your conveyancing.

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Holistic advice in the investment property market The goal of Choose Properties is to support and mentor our clients, giving them substantive education on how to obtain a balanced investment portfolio. This education extends not only to property (existing or new houses, units, townhouses etc) but also into other investment realms.

For more information on professional networking opportunities, or for the date of our next educational workshop, simply call us on 1300 393 321.

BLAST YOUR EXCESS CAR LEASE FEES AWAY! K C A L B N I Call our Alliance Leasing agents N E M E now on 1800 082 006 or invade us M s Y e g PA n a ath www.allianceleasing.com.au c h t i w D A L R I G P Alliance Leasing offers a complete in-house service for novated car leasing.

P Expertise to assist employers offer salary packaging to employees to ensure that the company has no FBT liability.

P Simple, fast, compliant process in accordance with ATO requirements.

P Agents across the nation to assist you establish this beneﬁt for your employees.

AGENT A

The advice provided in this case study is general advice only. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, financial situation and needs. Before making any decisions please seek professional financial advice.

F E AT U R E

Enduring Powers of Attorney – what an attorney needs to know By Rehana Richard

our spouse, relative or friend has appointed you as their attorney under an Enduring Power of Attorney – but what does this mean for you? Here are some questions we are regularly asked by attorneys. What is an Enduring Power of Attorney (“EPA”)? An EPA is a legal document in which a person (“principal”) appoints another person or persons (“attorney/s”) to act on their behalf in relation to financial and property matters, personal care matters and health care matters. ‘Enduring’ means the power continues even after a principal loses capacity to make their own decisions. When can I start acting as attorney? The EPA will specify when your power to deal with the principal’s property and financial matters begins. The options are: (a) immediately, once you have signed the document; (b) on a specified date (e.g. if the principal is travelling overseas); or (c) only once the principal has impaired decision-making capacity. Your powers in relation to personal care matters and health care matters only come into effect once the principal has lost decision-making capacity. You may be asked to prove that the principal has lost capacity by providing a medical certificate from a doctor. Will I need to share the role of attorney with someone else? When more than one attorney has been nominated, the EPA will specify how decisions

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are to be made. You should check the EPA to find out whether you must act: • together – the attorneys must make unanimous decisions; • separately – the attorneys may make decisions independently of each other; or • as a substitute – the substitute attorney can only make decisions if the primary attorney dies or is unable or unwilling to act. What are my legal obligations as an attorney? As an attorney, you are in an important position of trust. Your obligations are usually set out at the back of the EPA and you should make sure you understand these. As an attorney, you must: • act in the principal’s best interests; • keep clear financial records of all transactions; • avoid transactions which would result in a conflict between your interests and those of the principal; • unless otherwise specified, you can only use the principal’s money for their benefit and not for your own benefit. What types of health care decisions can I make? An EPA usually gives the attorney authority to consent to or refuse medical treatment for the principal. It is a good idea to talk to the principal ahead of time about their wishes to understand their attitudes and values. You should also check whether the principal has signed an Advanced Care Plan or included any directions in the EPA

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regarding end of life decisions or other medical treatment. When does my power as an attorney end? Your power to act will end if the EPA is revoked by the principal or by the ACT Civil and Administrative Tribunal or when the principal dies. On the death of the principal, you must stop using the EPA and the executors will start carrying out the terms of the principal’s Will. An EPA is often tailored to suit the individual needs of the principal so it is important to read the document in full and make sure you understand your obligations. If you are unsure about your responsibilities as an attorney, you should seek legal advice. Rehana is a lawyer in the Wills and Estates team at DDCS Lawyers. You can contact Rehana or another member of the team on (02) 6212 7600 or email: estates@ddcslawyers.com.au www.ddcslawyers.com.au

F E AT U R E

What does your LinkedIn proﬁle picture say about you? By Fiona Grimmer

e live in a world of increasingly complex technology where we are more and more connected each day. Our every move is documented online, so why is it that so many people underestimate the power of their LinkedIn profile? CV’s are often left forgotten in your bottom drawer until the time comes when you may be considering a move. Treating your LinkedIn profile in the same way can be more damaging than you think. Your LinkedIn profile should be a living representation of your professional experience and achievements, not a static, unchanging document.

LinkedIn is no longer a tool just for Gen Y or the ‘tech savvy’. Recent surveys indicate 91% or recruiters use social media to screen candidates. We estimate more than 50% of employers do as well. The first thing people see when they view your profile is your display picture. It is vital to consider in that quick, first glance at your profile, what your picture is really saying about you. If this is the first time your potential new employer is seeing you, how will your picture effect your job chances? Here are few tips to ensure your profile photo is helping not hurting you: Do: Take the time to capture a professional photo. Orchestrating a professional photoshoot is not necessary, however enlisting the help of someone you trust to take the shot is a must. No selfies, please! 10

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Look the part. Business doesn’t have to be boring but a certain amount of decorum is required. Dress appropriately for a corporate environment however you don’t have to stick to black and white. A statement tie for the gents or a coloured shirt for the ladies can add personality and make you stand out from the crowd. Crop appropriately. Don’t be so far away from the lens that you are hard to recognise or so close it makes people uncomfortable. Head and shoulders, front and centre is the best bet. Make sure the picture is in focus and not distorted by a filter. Your face should be clearly visible and while a filter might make you look more tanned, save the ‘Valencia’ for Instagram. Smile! A natural, relaxed smile shows you are approachable and confident. Stern/serious looks may appear business-like to you, but in reality it can be quite off-putting. Don’t: Just leave it blank. Would you go to a job interview or attend a networking event with a paper bag over your head? Very unlikely. Add a profile picture, and make sure it’s visible to all not just your connections Use a completely out of context picture. No doubt you never looked more beautiful than on your wedding day, but a shot of you in your dress to represent your professional profile? Unless you’re a wedding dress designer or a professional bride, not a good idea. Confuse LinkedIn with a dating site. Revealing outfits, low cut tops or suggestive selfies may have a place online, this isn’t it. Hold onto the past. You may have gained a few kilos or a few wrinkles over the years but it’s important we see you as you are,

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not as you wished you still were. Use a recent photo, you still look great! Forget this is a representation of your professional life. Whilst we want to be able to see your personality, now is not the time to highlight your preferred choice of beverage. A good rule is that if the photo shows you with a beer or wine glass in your hand, it’s not right for LinkedIn. You may think that updating your resume and constructing a winning cover letter are the most important tools in your job search, but even the strongest resumes can be passed over by a negative social media profile. While we’ve all been advised to “never judge a book by its cover,” research supports the notion that our flash judgments are often correct. Researchers from Columbia and Princeton Universities found that even slight variations in facial expressions by the same person can lead others to vastly different conclusions about that individual’s personality. Take a moment to review how you are presenting yourself to potential employers online. Put yourself in someone else’s shoes, does your LinkedIn profile picture capture your best side?

Sourcing talent is a science, not a sales game

Please contact Fiona Grimmer, at HorizonOne Recruitment on 02 6108 4878 or fiona@horizonone.com.au www.horizonone.com.au

Expand and grow your business Do you want to expand and grow your business? Who do you talk to about improving your bottom line? Would you find comparisons against your industry peers useful? At RSM Bird Cameron we know what it takes to make a business grow and we walk with you, side by side, to make it happen.

Call RSM Bird Cameron today and lets do business 6217 0300 | www.rsmi.com.au

With RSM Bird Cameron you really are… Connected for Success. B2B M AGA Z I N E.CO M . AU

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COVER STORY

BUILDING CONFIDENCE FOR THEIR CLIENTS

esidential building and craftsmanship are in Danny and Robert Rosin’s blood. They have been in the custom residential building trade for 25 years and are passionate about their work and their client’s homes and investments. A striking new Concept Home, opening for display in September, will showcase the results they can achieve for Canberrans looking to rebuild. Their father and uncle were Italian migrants that started, and ran, Rosin Bros builders in the 1980s and 90s. Both Robert and Danny worked for the family business before and during their study. Robert studied architecture and Danny studied construction management. In 1998 they started their own business Rosin Design Homes, which was shortened to Rosin Building, and now Rosin Bros, which reflects a history of residential building going back almost 50 years. ‘Building confidence’ epitomises their philosophy in what they deliver for their clients and is at the heart of Robert and Danny’s business. The great thing about Rosin Bros is that clients will deal with the business owners throughout the project who take complete responsibility for the construction of their home and ensure that their desires are realised. The HIA and MBA award-winning brothers work well together and their skill sets are complimentary. Robert, as a qualified architect, works on the design side, developing design briefs with clients, liaising with architects, designers and consultants and getting projects to the build stage. Danny, a qualified construction manager, works mainly on site, coordinating the build process between the suppliers, consultants and tradespeople. “Together, we deliver people achievable dreams,” Danny said. After 15 years building a variety of different dwellings, Rosin Bros has re-focussed their business as custom home rebuild specialists. This service encompasses the construction of a new custom designed home on the site of an existing house. They are finding their projects are happening in the Woden Valley, Belconnen and the Inner North and Inner South, both from existing owners that have lived in the areas for 12

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many years and also people who are looking to purchase a site for redevelopment. “This is where there are large established blocks of 700 square metres or more that we can identify as appropriate for a custom rebuild. We have assisted clients with identifying suitable sites prior to purchasing thus avoiding pitfalls such as costly site works and overshadowing from neighbours. Most of our clients are ideally after single storey homes, they are conscious of not only their own future needs but also the potential resale value in a future ageing population” Robert explained. If you are looking for a new home in these areas, then speaking to Rosin Bros about a custom rebuild could be be a very valuable decision. Rosin Bros are conscious of the need to find ways to mitigate the rising cost of a new home. “Do people really need a big house? Or do they need a better house? How can design, layout and energy use work together to lower the cost of good quality homes but still provide all the desired amenity? These are the questions we pose to people who are considering whether to rebuild.” Danny outlined. “We are looking for clients that are passionate about design, their home and their surroundings. If they have passion, then they will appreciate what we have to offer,” Danny stated. Rosin Bros has a commitment to only 10 – 15 quality custom builds per year. “This is the volume of work that we are comfortable with to achieve the control and quality we are looking for, it means our clients receive our personal attention throughout, this is very important for a quality outcome” Robert said. To highlight new materials and building techniques, Rosin Bros have just completed a concept home on a corner block in Wright. It is a 4 bedroom, single storey home with a distinctive aesthetic inspired by the contemporary architect designed project homes of the 60s and early 70s, maximising abundant natural light. Strong clean lines, varying ceiling heights, large panels of glass, integrated cabinetry and clever layering of spaces are key to the design. They are also using the home to test new products and materials

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such as composite-wood external cladding from Germany that requires no painting and minimal maintenance, the latest in kitchen appliances, and the latest in LED lighting. “People can come to the Wright concept home and experience by touching and feeling some of our innovations. We will also be opening the house out of regular hours so that people can experience it in the hours that most people would actually be in the house,” Danny said. Rosin Bros also take advantage of some of the latest client-based communications and project management software tools in the market. “Our clients can go online, into their project, and communicate directly with us. They can make all their selections such as kitchen appliances, bathroom tiles, etc. and monitor the status of their build - this simplifies and centralises the whole communication process. Clients have found this great since it was introduced last year – it gives them a better understanding of their project and has reduced the reliance on email trails and back and forth phone calls,” said Robert. Rosin Bros also provides an extended 12 month maintenance period after completion. “Most builders provide a 3 to 6 month maintenance period. We have been offering 12 months to ensure the house goes through all four seasons, 3 to 6 months is simply not long enough to really let the house settle in against the elements” Danny said. Rosin Bros want their clients to feel that their lives have been enriched by their new living environments and that this has been achieved by having confidence in their builder to create the home of their dreams. “Building confidence with our clients is our main goal. If our client is happy, then we are happy,” Danny and Robert concluded.

Email: enquiries@rosinbros.com.au Phone: 02 6247 4799 Office: Level 1, 61 Dundas Crt, Phillip ACT 2606 Web: www.rosinbros.com.au

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F E AT U R E

The Now-Where-How

usiness planning is very important – it’s like knowing the directions when you want to go somewhere. A great way to make sure your business stays on track is the Now-WhereHow process. This process asks three key questions that need to be answered in developing a plan: 1. Now – what is the current situation? 2. Where – what is the destination? 3. How – what needs to be done to get there? The Now can be difficult for business owners to answer as it requires an honest assessment of the good and the bad within the business, encompassing: • Financial performance trends • Benchmarks • Staffing issues • System and process issues • Customer and product profitability • Market and wider economy factors. Now Reviewing these internal and external factors allows business owners to ‘draw a line in the sand’ that can then be used as the base from which to measure future improvements. Assessing where you are now can often lead to jumping in and fixing problems – or lead straight to the How part of the process. The problem this can cause is that you may just be fixing the easy things or the most visible. Ideally you want to be spending your energy on changing the systems or processes that are going to give you the greatest return in terms of increased profits or dollars spent. The Where part of the process will solve this. Where Where is best seen as the strategic plan for your business. This is the plan that answers the questions of where are you going and why? The strategic plan should look three to five years out and cover: • Core values that guide the business and the reason that it exists

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• Vision – where do you want the business to be positioned? • What capabilities are required to achieve the vision? • What are the competitive advantages of the business • How will success be measured? How Once you know the Where, then you can focus on the How. This is your business plan – the action plan that will take your current position to where you want to be. This is the exciting part of the process because it means action. This is when you get to pull the ‘levers’ of the business and see changing performance. Now-Where-How analysis ensures that your business plan does not simply become an operational plan, focusing on how you will run your business. It ensures that you are not stuck on an endless journey, without a destination. The continual use of this process is like referring to a road map. Always ask where is your business now, where do you want to get it to, and how will you do it. Financial Performance Trends Trend analysis is where you evaluate your business’ financial information over a period of time. This period could be monthly, quarterly or over years. The analysis could be as detailed as seasonally and by product. Your review is to calculate and analyse the amount of change from one period to the next. The analysis uses key ratios in determining financial performance and can be a great identifier of areas the business needs to improve in. Trend analysis can anticipate upcoming problems such as cash flow deficiencies in a business. It can also be used to review marketing approaches you have used to establish their success. Benchmark Analysis Benchmarking is used by business when they want to evaluate their standing within their industry.

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It identifies strengths and weaknesses in an organisation as well as opportunities on improvement. Business owners like to know how they are going against their competitors in relation to overall sales, profit margins and efficiency. Benchmarking tools allow this analysis. Benchmarking shows were you are now and where you want to get to. It is also a great tool for increasing the value of the business for a future sale or succession plan. Staffing Issues One of the key challenges for SME business owners is attracting, retaining and managing staff productivity. Many small business’ face problems running a business and managing staff. Does your business face these problems? • High staff turnover • Loss of key staff • Difficulty in attracting the calibre of staff you would like • Performance review process is ad hoc • Staff do not have specific KPIs • Staff are not fully engaged • You would like to be able to delegate more A staff evaluation program may be what your business needs. System and Process Issues Profit is the lifeblood of any organisation. Without profit and cash flow you won’t be able to guarantee your long term survival. Profit generates the capital that you need to grow your business. Without it you cannot reinvest for the future. Taking a strategic approach to managing waste reduction can bring a range of key benefits to your business and is the easiest opportunity to increase profits. Studies have found that waste in a company can be as much as 30% of the operating costs. This leaves a lot of room for improvement in all businesses.

F E AT U R E

of Business Planning Customer and Product profitability Do you really think about the ways that you can increase demand for your product or services? Do you work on ways that can help customers come to you? A lot of success in the modern business environment is generated by creating demand and creating triggers for customers. This can be critical to the sales process and driving growth. We estimate that only about 10% of your customers are in the “buying” stage. Good business should be looking beyond this part of the customer buying cycle and putting energy into the potential customers that are still in the “satisfaction” stage. Understanding the customer buying cycle helps us to do this and generate sales demand. This is where we can generate real revenue growth and hit those sales targets that will make your business a success. Market and wider economic factors: Market segmentation is simply a tool that helps you to understand your market and the needs of your customers. Once you understand this better you can refine your product or service, positioning and marketing. A key to growing your business is to review the market regularly. You can segment the market by Product, Geography or Customer. This then lets you answer questions like – • Is your segment size enough to make a profit? • Is it seasonal or cyclical? • Is this long term or a quick profit? • Is it shrinking or growing?

Should you wish to discuss how this could translate to your business, please contact Michael O’Hehir of RSM Bird Cameron on michael.ohehir@rsmi.com.au or call 6217 0318. At RSM Bird Cameron in Canberra, we develop seminars and workshops to help clients with business growth, sessions to assist with superannuation, and updates on technical issues. Our events are current, relevant and practical, aimed at professionals, corporate leaders, government departments and other key decision makers. Our reputation is based on our proven ability to provide excellence for people wishing to further their industry knowledge.

www.rsmi.com.au Connected for success For more information on any of our events or functions, please contact Emma Molloy on 6217 0350 or emma.molloy@rsmi.com.au

Call RSM Bird Cameron today and lets do business 6217 0300 | www.rsmi.com.au B2B M AGA Z I N E.CO M . AU

B2 B I S S U E 10 8

ADVICE

ACCOUNTING

Can you have too much profit?

BANKING

An investment in peace of mind

BOOKKEEPING

Financial management made easy with cloud accounting

BUSINESS ADVISORY

Managing value risks in Family Law disputes

BUSINESS LAW

The dangers of "Good Faith"

by Andrew Sykes, RSM Bird Cameron Chartered Accountants

by Tania Vidovic, ANZ Mobile Lending

by Harry Hoang, Tailored Accounts

by Tony Lane, Vincents chartered accountants

by Mark Love, Bradley Allen Love Lawyers

CORPORATE GOVERNANCE 19

The need for reform

ENTERTAINMENT

Plan ahead!!

FAMILY LAW

Child support – when, how and why?

INTELLECTUAL PROPERTY 22

BUSINESS SUSTAINABILITY 22

Energy saving tips for your business

RECRUITMENT

Here's how to settle into a new team

SPORT

Spending, sponsorship and sport

WEBSITES

Forget clicks – attention is the new currency

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B2B M AGA Z I N E.CO M . AU

by Phil Butler, Australian Institute of Company Directors

by Peter Funnell, Peter Funnell Entertainment

by Carrie Gan, Dobinson Davey Clifford Simpson Lawyers

by Shaun Creighton, Arete Group

by Trish Campbell, Actsmart business recycling. energy. water.

by Jim Roy, Hays Recruitment experts worldwide

by Andy Gregory, YABBA.guru

by Sam Gupta, Synapse Worldwide

ACCOUNTING

BANKING

by Andrew Sykes

Brought to you by Tania Vidovic

Can you have too much profit?

The importance of credit rating

You’re in business for many reasons. Profit must be on that list, if not at number one, as a natural consequence of your greater business purpose. Unless you’re a charity or NGO, business without profit isn’t a business. Profit comes from many sources - not just revenue, but managing overheads, expenses, input costs, people and products. Profit can be found in every aspect of your business, and a thorough exploration and fine tuning of all these elements can yield amazing dividends. A strategy for a large company can differ vastly from a small, and while similar principles are at play, increasing profit is far from a cut and paste exercise. It comes from a thorough understanding of your business and the environment it operates in. Profit isn’t just a figure, it’s a culture. So while we can help the bottom line, we’re also here to help you manage the intangibles that contribute to a profitable business in every sense. Profit and growth may seem like two sides of a coin, but they aren’t always connected. You can achieve massive growth and not see it appear on the bottom line. Too much growth can be as much an issue as too little. Not being able to deliver due to stretched systems and resources is as much a hurdle as no growth at all. What’s the right amount of growth? What segments, products, territories are going to yield the best results for effort? We can help you with these and many more questions to ensure your growth strategy is focused and you achieve the best outcome for your effort. Growth isn’t just about more products or markets. We’ve helped charities provide more services for the same budget. Helping small business owners improve their work life balance they so desperately need, and help grow brands’ reputations as well as sales. While we can help the bottom line, we’re also here to help you manage the intangibles that contribute to a profitable business in every sense. To complete a diagnostic Growth and Profit review of your business head to www.rsmi.com.au/gps-tool.

Having a positive credit rating could be essential to securing finance now, or for borrowing money for big ticket items, such as property or a car, in the future. As more people begin to use credit as a means of finance, it’s important to understand what a credit rating is and what a good or bad credit rating could mean1. What is a credit rating and how do you get one? A credit rating is an automatic calculation of the risk of a loan application, based on a person’s credit history, employment, stability of income and, since March 2014, their repayment history1. This information is traditionally stored on a credit file1. The credit file is a recording of your credit history and is triggered once you have applied for any number of credit options, including: credit cards, personal and business loans, a mortgage, mobile or Internet plans or even utility accounts2. What determines a credit rating? There are several factors that could combine to form a credit rating. Among the most common include whether a person has previously missed payments on their debts, a person’s current employment type, and how many enquiries have been made on your credit file in the previous six months. What does bad credit mean and how long does it last? If you are deemed to have “bad credit”, a bank or lender could see you as a higher risk and not lend you money, they may also limit the amount you can borrow or charge you higher interest. A bad credit rating could potentially last for years. For example, details about credit applications are kept for 5 years, while repayment history information lasts 2 years3. Give yourself credit A good credit score could go a long way in helping you secure a loan, so it’s important to know what your credit rating is. You’re entitled to see your credit file for free, and several agencies within Australia have access to your credit file and are obliged to provide it to you upon request. Disclaimer: The information is in summary form and does not purport to be complete. It is intended as a general guide only and is not a substitute for professional advice. The information does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you. Sources: 1. “Credit Rating Mortgage”, homeloanexperts.com.au, Accessed 9 September 2014 2. “Why credit ratings matter”, yourmortgage.com.au, Accessed 9 September 2014 3. “Tools and tips: Credit report”, moneyhelp.org.au, Accessed 9 September 2014

Bird Cameron

Chartered Accountants

Should you have any questions in relation to any of the ideas raised in this article, please contact Andrew Sykes on Andrew.sykes@rsmi.com.au or call 6217 0300.

ANZ Mobile Lending For more information, contact Tania Vidovic, ANZ Mobile Lender, ANZ Mobile Lending, M: 0437 131 314 P: 02 6293 3333 F: 02 6293 3311 E: tania.vidovic@anzmortgagesolutions.com This Mobile Lender operates as ANZ Mortgage Solutions Canberra Southside & Weston Creek, ABN 79 116 225 373 an independently operated franchise of Australia and New Zealand Banking Group Limited (ANZ) 11 005 357 522. Australian Credit Licence Number 234527. ANZ’s colour blue is a trade mark of ANZ.

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B2 B I S S U E 10 8

BOOKKEEPING

BUSINESS ADVISORY

By Harry Hoang

By Tony Lane

Financial management made easy with cloud accounting

Managing value risk in Family Law disputes

To me, micromanagement is ineffective because one has to spend a lot of time and effort with little gains. This reminded me of my early days as a bookkeeper, when my manager would get us to enter every single information from the invoice to the accounting system (specifically, MYOB). He wanted to convert MYOB into a database where he can look up for anything he wanted. While performing a task for an IT company, I recalled clearly that it took me on average 15 minutes to transfer basic information found on an invoice to the computer. This tedious and time-consuming experience made me wonder if there was a faster way for us to transfer information from paper to our PCs. At that time, there were not many businesses which could afford to let their accounting and finance staff spend an entire day performing data entry due to high employment costs and inefficiencies resulting from menial tasks such as data entry. Most business owners considered this a bad return on investment (ROI) since accountants or bookkeepers could easily access the hard copy records. Consequently, most bookkeepers opted for the easier route of entering a few words to show accountants that a particular transaction has been performed. Although this avoided the costs incurred from micromanagement, bookkeeping back in those days was oversimplified, such that bookkeepers were often deemed as “unqualified or lazy accountants”. In the last four years, with the onset of cloud technology which has automated data entry, micromanagement of finances has proven to be a good ROI for business owners. One good example is the use receipt bank to scan and analyse bills and receipts so that bookkeepers do not have to spend 15 minutes or more to enter all detailed information from paper to PCs. Customers can also see the actual copy of each receipt attached to each transaction in accounting systems like Xero or Intuit QuickBooks Online, giving rise to savings of at least A$100 per month for database storage management. Another advantage of cloud accounting is that it gives business owners, employees and customers real-time access. My clients can access receipts from the past three years of car insurance payments in one click while negotiating with their insurers, enabling them to make informed decisions on the spot. The micromanagement of finances is once again becoming popular, and business owners should expect their bookkeepers to embark on cloud technology to ensure that bookkeeping is done effectively and efficiently. I am never a big fan of posting “ghost transactions” or classifying 80% of transactions as general expenses. I always aim to present my customers with a set of detailed financial records that gives them a complete understanding of their businesses. Therefore, if you feel that our detailed and meticulous micromanagement style suits you and your business, let us help you to understand your business better! You can contact Tailored Accounts at (02) 6169 5196 or info@tailoredaccounts.com.au.

Harry Hoang is Tailored Accounts Executive Director M3 Building, Level 1, Suite 127, 24 Lonsdale Street, Braddon ACT 2612 Australia T: 02 6169 5196 | M: 0434 196 607 E: info@tailoredaccounts.com.au | www.tailoredaccounts.com.au

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Following my May column in this publication, in which I started a conversation about the value-add that insolvency practitioners can provide to contested Family Law property proceedings, I have seen an increase in the promotion of certain insolvency ‘products’ as tools to add or maintain value in such circumstances. Whilst it is true that in the right conditions, an insolvency appointment can provide a solution to part of the problems that emerge from Family Law disputes (particularly where the solvency of the business has suffered due to inattention that arises from the distraction of the dispute over property), great care needs to be taken when considering the use of a possible insolvency appointment, in particular the use of Voluntary Administrations (“VA’s”). The Corporations Act 2001 is quite explicit (and is well supported by case law) that insolvency appointments must be for a proper purpose – particularly VA’s. Critically, a VA by-passes the usual consideration of shareholders and enables a (simple) majority of directors to effect the appointment. This has the capacity to ostracise and frustrate shareholders’ interests if the shareholding is held outside the ordinary directors of the Company. It is therefore essential in all circumstances that in order for the director(s) to validly place the company into VA, they must properly form the view that the Company is actually insolvent, or that there is some real prospect of the Company becoming so in the foreseeable future. Case authorities on this topic abound, and include: • A VA that was terminated by the Court where it was demonstrated that the appointment was to frustrate attempts by a validly appointed third party to investigate and report on the Company’s affairs; • A VA was terminated by the Court where a sole director (also a shareholder) appointed an Administrator in an attempt to frustrate litigation on foot as between himself and another shareholder; and • A VA was terminated by the Court where is was demonstrated that the sole purpose for the appointment was to frustrate the attempts of shareholders to obtain an independent valuation of the Company and its assets. In each case, there was no apparent apprehension of insolvency. In Family Law cases, where often the emotive factors play a greater role than the financial ones, there are better ways to deliver and maintain value. As always, prompt professional advice is recommended and Vincents specialise in assisting in all manner of Family Law disputes.

Tony is a Director at Vincents Chartered Accountants and provides specialist advice to clients in the areas of insolvency, business risk and financial conflict and dispute resolution. For more information, contact Vincents, Level 7, AMP Tower, 1 Hobart Pl, Canberra City. T: 6274 3400 F: 6274 3499 E: tlane@vincents.com.au W: www.vincents.com.au

BUSINESS LAW

CORPORATE GOVERNANCE

by Mark Love

by Phil Butler

The dangers of “Good Faith”

The need for reform

Consumer protection has long been part of our law, shielding the unwary from sharp practices. Perceptions that such aspects of legal and policy development have by-passed the jungle of the commercial world might be misplaced. In recent times commentators have observed a judicial tendency to imply into contractual relationships an obligation to deal “in good faith”. This implication will not arise in every contractual arrangement, as most commercial entities are expected to look after themselves, and the careless earn their own reward. But the shifts in social expectations are such that the gate for argument is wide open. To determine contractual meaning, Courts are entitled to look, objectively, to the commercial purpose of the contract. In Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 at [35] (French CJ and Hayne, Crennan and Kiefel JJ) the High Court has said: [35] ... [t]his court has reaffirmed the objective approach to be adopted in determining the rights and liabilities of parties to a contract. The meaning of the terms of a commercial contract is to be determined by what a reasonable businessperson would have understood those terms to mean. That approach is not unfamiliar…it will require consideration of the language used by the parties, the surrounding circumstances known to them and the commercial purpose or objects to be secured by the contract. Appreciation of the commercial purpose or objects is facilitated by an understanding “of the genesis of the transaction, the background, the context [and] the market in which the parties are operating”. As Arden LJ observed in Re Golden Key Ltd (in rec), unless a contrary intention is indicated, a court is entitled to approach the task of giving a commercial contract a businesslike interpretation on the assumption “that the parties ... intended to produce a commercial result”. A commercial contract is to be construed so as to avoid it “making commercial nonsense or working commercial inconvenience”. And through this, the “surprise”, sharp or unreasonable applications of contractual terms can be attacked and dulled. Indeed, the Victorian Chief Justice has noted in a Melbourne University Press article that the very reliance on a termination for convenience clause is “often characterised as an act not in good faith”.1 Similarly, where a contract confers on one party considerable power over the other, cases have ruled to remove the capricious and arbitrary edge of those powers. 2 Thus, every contract comes with the risk that the advantages gained should be clearly and openly negotiated, as implication always gives way to clear drafting. 1 Warren CJ ‘Good Faith: Where are We At?’ (2010) 34 Melbourne University Law Review 344, 357. 2 Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15, [189] (‘Vodafone’). See also Burger King [2001] NSWCA 187;

Mark Love, Legal Director, Business Law 9th Floor, Canberra House, 40 Marcus Clarke Street, Canberra ACT 2601 E: mark.love@bradleyallenlove.com.au T: 02 6274 0810 | www.bradleyallenlove.com.au

In late August, The Australian Institute of Company Directors (AICD) attended the National Reform Summit, and not surprisingly many of the key challenges identified at the Summit were very similar to those challenges expressed by directors in the 2015 Director Sentiment Index. AICD’s CEO and Managing Director, John Brogden participated in the summit and stated that the Summit was a “good opportunity to put important reforms on the table. The real test will be for the three groups – business, unions and community groups – to actually propose real reforms.” “We proposed the need for insolvency reforms to help companies to trade through difficult periods, a micro-economic reform agenda for the states and the Commonwealth and the need for a national reform statement from the Federal Government” he said. In a statement from the summit, four key areas of reform were identified, along with specific goals, challenges and principles for reform: 1. Lifting productivity growth and workforce participation; 2. Fiscal policy for a growing economy; 3. Tax reform; 4. Sustainable retirement income policy. The Director Sentiment Index released in May 2015 noted that low productivity growth was the greatest challenge facing Australian business. A subsequent poll identified that red tape, tax reform, economic conditions and innovation policy were the greatest inhibitors. It was therefore not surprising that the reform summit also identified productivity growth as a key area for reform. In the lead up to the reform summit, the AICD raised concerns about the quality of national governance. As the voice of excellence in governance, the AICD is concerned about the quality of the governance of the nation. This is not a critique of politicians or parties, rather the limited appetite for engagement on flaws in the structure of governments. Some of the areas that AICD will encourage include: • An urgent reform agenda to eliminate duplication of responsibility and service delivery between the Commonwealth and States and Territories; • A shift from ‘short-termism’ in public policy settings to promote a longer-term strategic outlook consistent with good governance practice; • A non-partisan consensus that key national challenges include Australia’s structural deficit, low productivity growth, national infrastructure investment and ageing population; • A staged program to review and reform Federal/State relations and funding; and • Open, inclusive engagement on policy and reform agendas that considers the needs and impacts on the community as a whole, to ensure reforms are efficient and fair. It is hoped that real reform can occur to ensure that Australia can continue to enjoy the enviable standard of living in the longer term.

Phil Butler is Manager - NFP, Public Sector & ACT at the Australian Institute of Company Directors. Level 3 54 Marcus Clarke Street Canberra T: 02 6132 3200 | www.companydirectors.com.au

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ENTERTAINMENT

FAMILY LAW

by Peter Funnell

by Carrie Gan

Plan ahead!!

2Child linesupport Heading ONLY – when, how and why?

Don’t leave it to the last minute to find the perfect band or entertainer for your Annual Christmas Party or New Year’s Eve Party? Even now they could be already booked by someone else, and maybe even one of your competitors. It is astounding how many people leave this decision to the last minute and it happens every year. Avoid disappointment and organise your date, your venue, and lock your entertainment away. Then… sleep at night knowing you are organised. Our office can also advise on venues if you feel we can be of assistance. Limited budgets are always a challenge and for this reason we are featuring in this month’s issue of B2B, a fabulous three piece band called ‘The Socialites’. Alex, Reg and Steve can turn your party into a roaring success. One of our most popular entertainers is one man band Tony Haley. Never a dull moment with Tony’s impressive repertoire of golden oldies and modern classics performed with smooth professionalism. For something uniquely different… why not a roving comedy magician like Philip Bevan or Chris Charles. Both Canberra based and National Award Winners for comedy magic. Alternatively, if you have a theme and need some fresh ideas call our office. We have provided entertainment for every event imaginable. Find more information on our website: www.funnellentertainment.com.au

The Socialites

Tony Haley

When does an obligation for child support arise? A legal obligation to pay child support arises when: 1. The Child Support Agency issues an administrative assessment for one parent (or party) to pay child support to the other. An administrative assessment by the Agency deals only with “periodic child support”, that is, child support that is paid each week, fortnight, month etc 2. Parties have entered into a Binding Child Support Agreement; or 3. Parties have entered into a Limited Child Support Agreement. How do you document an agreement about child support? If parties wish to depart from the administrative assessment for child support, they may choose to enter a Binding Child Support Agreement or a Limited Child Support Agreement. A Binding Agreement may deal with periodic and non-periodic child support. Non-periodic child support relates to payment of expenses such as private school fees, medical expenses, or private health insurance. In order for such an agreement to be “binding”, both parties must have received independent legal advice about the effect of the agreement on them, and the advantages and disadvantages to them of making the Agreement. A Binding Agreement cannot be varied. It may only be terminated by entering into a Terminating Agreement. If a party wishes to set aside a Binding Agreement, they must make an application to the Court to do so, and such an application will only be successful if certain grounds are satisfied. Why document an agreement about child support? Documenting an agreement formalises it, makes it binding and ensures that each party’s rights and obligations are clearly set out. In some cases, parties reach agreement about child support issues (for example, the payment of school fees or medical expenses for children), and try to include that agreement in parenting orders made by the Family Court or Federal Circuit Court. The Court does not have jurisdiction to make orders about child support matters except in limited and exceptional circumstances. If such an order is made by the Court, the Child Support Registrar will not question the validity of the order. However, if either party applies for an administrative assessment of child support, the order made by the Court will cease to have effect. If you would like specialist advice about your particular circumstances, please contact us on (02) 6212 7600.

Phillip Bevan

Chris Charles

Peter Funnell’s knowledge and experience in servicing the Canberra region has no peer. Corporate and government events, conventions, seminars, outdoor festivals, private functions, and entertainment to meet your requirements perfectly. Go to www.funnellentertainment.com.au | Email: peter@funnellentertainment.com.au or Phone: 02 6251 5452 | Mobile: 0412 620 310

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Carrie Gan is a lawyer in the Family Law team at DDCS Lawyers 18 Kendall Lane, New Acton Canberra City ACT 2601 T: (02) 6212 7600 E: mail@ddcslawyers.com.au www.ddcslawyers.com.au

cso.org.au CSO concerts offer a unique and prestigious experience providing unparalleled opportunities to develop valuable relationships with staff, and current and potential clients. Each CSO partnership is a bespoke package, tailored specifically to meet the needs identified by each partner. We don’t have set ‘plans’; we have an amazing product, innovative ways of associating with it, and a genuine desire to ensure that alignment with the CSO becomes a key element in your business development strategy. To align your organisation with Canberra’s premiere arts organisation, write to partnerships@cso.org.au or visit cso.org.au.

LLEWELLYN SERIES

SATURDAY SERIES

/01 SIBELIUS 1 & 2 APRIL SCHUBERT The Magic Harp Overture ˇ DVORÁK Cello Concerto SIBELIUS Symphony No. 5

/01 SHELL PROM, GOVERNMENT HOUSE 14 FEBRUARY A Touch of Tartan

Nicholas Milton Conductor* Edward King Cello /02 TCHAIKOVSKY 6 & 7 MAY MATTHEW HINDSON Boom Box TCHAIKOVSKY Piano Concerto No. 1 RIMSKY-KORSAKOV Scheherazade Nicholas Milton Conductor* Hoang Pham Piano /03 BRAHMS 19 & 20 AUGUST KODÁLY Dances of Galánta SIBELIUS Violin Concerto BRAHMS Symphony No. 4 Nicholas Milton Conductor* Andrew Haveron Violin /04 RACHMANINOV 4 & 5 NOVEMBER MÁRQUEZ Danzón No. 2 RICHARD MILLS Soundscapes: for percussion and orchestra RACHMANINOV Symphonic Dances Nicholas Milton Conductor* Claire Edwardes Percussion

Featuring favourites such as Scottish Fantasy, Danny Boy, Hebrides Overture and more. Guy Noble Conductor Anna Da Silva Chen Violin /02 ACTEW GRAND GALA 4 JULY Puccini Featuring favourites from Puccini, Wagner, Verdi & more. Nicholas Milton Conductor* Eva Kong Soprano James Egglestone Tenor /03 CANBERRA WEEKLY MATINEE MAGIC 26 SEPTEMBER In the Mood music from the ‘big band’ swing era Featuring favourites such as Little Brown Jug, In the Mood, Chattanooga Choo Choo and more. Timothy Sexton Conductor Rachael Beck Soprano *Artistic patronage of Nicholas Milton courtesy of ActewAGL

INTELLECTUAL PROPERTY

BUSINESS SUSTAINABILITY By Trish Campbell

Copyright in plans or project materials Replacing a service provider mid-project can cause significant disruption. It can be tempting to try to limit the disruption by simply handing over materials created by your former service provider to your new service provider. After all, you paid your former service provider, so surely there are no issues [so you think]. Unfortunately, it’s generally not that straight forward. To start with, your former service provide may, depending on the terms of any agreement, retain ownership of all copyright materials relating to the project. The recent case of Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2015] FCAFC 65 (the Tamawood case) highlights the importance of this issue. The Tamawood case considered a range of interesting legal issues, including: 1. Was there a licence to use plans, if so, what was the extent of the licence? In the absence of any written express licence between the parties, the Court found that an implied “bare licence” existed. This licence was limited in scope to a very narrow purpose (being use of plans to obtain planning approvals). 2. Did use beyond the bare licence amount to copyright infringement? Yes. Since there was use beyond the bare licence, the Court held that there was (a) a causal connection between the copyright in plans from the former service provider and the new service provider and (b) the new plans developed by the new service provider substantially reproduced the essential features of the plans developed by the former service provider. This affirmed the qualitative rather than quantitative test for infringement. 3. Were the Directors of the infringer also liable? Yes. The Court held that the Directors of Habitare authorised the copyright infringement, and were consciously trying to take a short cut so that approval of plans developed by the former service provider were not revoked. 4. Was the new service provider also liable for infringement? No. The Court was satisfied that the new service provider had innocently infringed the copyright of the former service provider. This was merely a defence to avoiding payment of damages or an account of profits (being the remedies for copyright infringement), but the new service provide still had to pay their own legal costs (which could not have been insignificant noting this matter went to the Federal Court, and on appear to the Full Federal Court). 5. Was a claim under the Australian Consumer Laws also made out? Yes. The new service provider succeeded in a claim against Habitare for misleading or deceptive conduct. This conduct was telling the new service provider that any copyright issues with the former service provider had been resolved. 6. Importance of express licence terms: This case highlights the importance of having the licensing terms associated with the use of any copyright materials in writing and with clear licence conditions. The licence terms do not need to be called a licence agreement. Rather, they can simply be contained in a standard services agreement, which contemplates who owns any IP created, what licences are granted (and the scope of the licence), and what are the consequences of termination.

Energy saving tips for your business While the ACT has some of the lowest electricity and gas prices in the country, our cool climate means we use a lot of additional energy for winter heating and this can drive up our energy costs. There is a lot you can do to reduce energy consumption in your business without compromising on comfort and convenience whilst helping to improve your bottom line. Lighting - Simple upgrades and better management can make a large difference to your lighting energy costs. Upgrading to more efficient LED lamps can save you up to 60% of running costs associated with lighting and savings can quickly pay back investment costs as well as enhance the aesthetics of a business. Refrigeration - This is an essential component of many businesses which contributes greatly to daily energy costs. The most simple measure with minimal cost is a regular inspection of systems to ensure optimal performance. Things to look for include ice build up on evaporators, unusual noises and long cycling compressors, debris on condensers, damaged fans, degrading insulation and worn seals on sliding doors. Make sure staff are aware of daily measures to reduce refrigeration costs including closing blinds and covers at night, keeping systems stocked for greatest efficiency (60% full for refrigerators and 75% for freezers), shutting doors, keeping air grilles clear and defrosting regularly. Heating, ventilation and air conditioning (HVAC) - Savings can be made through regular maintenance of systems for the safety and comfort of staff and clients, which will reduce risks associated with system failure and improve efficiency. Ensure when upgrading that energy efficient systems are considered to reduce yearly running costs. Adjusting system temperature settings by one degree lower in winter and one degree higher in summer can save up to 10% of energy costs. Whether it is simple upgrades or better management of your existing fixtures you can make a large difference to your energy costs. The ACT Government’s Actsmart Business Energy and Water Program provides assistance to reduce energy and water use in small businesses. Participating businesses receive a free energy and water assessment with a no obligation tailored action plan that identifies energy and water saving opportunities. A rebate of up to $5000 can assist businesses to upgrade to more efficient fittings and fixtures. See full terms and conditions on the Actsmart website www.actsmart.act.gov.au.

At ARETE Group we have expertise and experience in drafting licence terms and conditions, together with all forms of IP protection and enforcement, including advising on copyright infringement issues. For further information or if we can assist, visit our website at www.aretegroup.com.au or email Shaun.Creighton@aretegroup.com.au for an obligation free assessment of your legal issues.

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For more information contact Actsmart on Phone: 13 22 81 or Email: actsmart@act.gov.au www.actsmart.act.gov.au Level 2 North, Dame Pattie Menzies House, 16 Challis Street Dickson ACT 2602

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RECRUITMENT

SPORT

by Jim Roy

by Andy Gregory

Here’s how to settle into a new team

Spending, sponsorship and sport

Starting a new job is one of the most stressful and exciting experiences you can go through. Settling into your new team is one of the many challenges you will face, but becoming a valued team member is key to your job satisfaction, workplace happiness and ultimately, your success – here’s how: Find a mentor My top tip for integrating into a new team is to find a mentor who can help you feel settled quickly. Building the relationship with your mentor will help you become accustomed to, and understand the company culture and personality. Their expertise will be invaluable as you integrate into the team. Be a ‘yes’ person Have a positive attitude and be willing to take on new tasks and responsibilities. Be careful not to take on too much, however. It’s tempting to take on as much as possible at the beginning and prove to everyone how competent you are, but don’t take on a workload in the first few weeks that you don’t feel you’ll be able to maintain. Build relationships Finding something in common with your colleagues is a good way to build bonds. You will quickly work out which of your colleagues you will be working most closely with. So, spend extra time getting to know them better. Ask them lots of questions; most people enjoy talking about themselves. Being approachable is also a fundamental part of building strong relationships. More people will come and introduce themselves if you wear a smile. Embrace change It’s very easy when starting a new job to criticise practices that you aren’t used to. No one wants to hear about how much better your old job was. The easiest way to earn respect is to be good at your job so try to bring solutions instead of criticism. Adapt yourself to your new team’s way of doing things instead of expecting them to adjust to yours. What can you add? All teams have strengths and weaknesses. Being able to show you are adding value to the team is vital to integrating swiftly, so take time to work out what your colleagues are great at and then where your strengths could be best applied. Get involved Attend as many social events as possible to show that you’re a team player, from the office five-a-side team to Friday drinks or breakfast club. A final thought Starting a new job is your chance to meet new people and develop your skillset. By embracing the company’s culture from day one and seizing every opportunity to become a bigger ambassador for your new employer your transition will be smooth and your career will benefit.

Jim Roy, Regional Director 5th Floor, 54 Marcus Clarke Street, Canberra T 02 6112 7663 | F 02 6257 6377 E canberra@hays.com.au

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Ever since the Global Financial Crisis the discretionary spend of businesses both large and small has come under increasing scrutiny. Justifying sponsorship for sporting teams or individuals, let alone attempting to quantify the expected return on investment, has become increasingly problematic. At some point almost all business leaders will have sponsored an employee, or employee’s children, in any manner of sporting endeavour. While this gesture is in many respects written off in the accounts, the return on investment as measured by employee goodwill can often greatly outweigh the commitment of a modest monetary sponsorship. At the big end of town, where decisions can involve many millions of dollars, sponsorship is the subject of far greater scrutiny. These decisions are increasingly viewed through the lens of return on investment heavily moderated by considerations of risk. Take for example Australian Tennis. To their very great credit, since 2002 Kia Motors have been a sponsor, and for many years a major sponsor, of the Australian Tennis Open. To be associated with what is universally recognised as a quality international event has certainly done the KIA brand no harm making decision on continuing sponsorship relatively easy. However, if a company had directed their limited sponsorship dollars towards Australia’s latest up and coming superstar they would probably now be scratching their head. In a fleeting “brain fart” (I am assured the Oxford dictionary recognises this as acceptable nomenclature) he delivered a disgraceful, unjustifiable sledge, which I am sure he now regrets. That led respected commentators such as Peter FitzSimmons of the Sydney Morning Herald to suggest:

'And if I was one of their sponsors, I would run screaming from the room, tear up the contract, and burn the clothes I was wearing at the time of signing,' Peter Fitzsimmons On the other hand, if the suspended penalties that the Association of Tennis Professionals has applied are successful in changing Kyrgios’s behaviour, sponsors who abandon Kyrgios now will have egg on their faces. They have some hard decisions to make. The messages are simple. Sport Associations of nearly any flavour require sponsorship. If businesses, both small and large, are to continue to direct discretionary spends towards sporting endeavours they will need some sense of return on their investment along with the strongest assurance that potentially brand damaging risks are understood and being actively managed.

For more information, contact Andy Gregory is Chairman of Yabba.Guru on 0439 972 645 or go to www.yabba.guru

WEBSITES by Sam Gupta

Forget clicks - attention 2 line Heading ONLY is the new currency Yup, if you are still measuring your digital success with the number of clicks, you are doing it wrong. Our (human beings) average attention span is about 8 seconds, which is shorter than that of a goldfish. An average page visit lasts less than a minute. On a mobile device, it’s even less. We are being continuously overloaded with information and attention is now a scarce commodity. Welcome to the age of Attention Economy! In this age of information overload, Attention economics is an approach that treats human attention as a scarce commodity. Simply put, if you can’t keep someone’s attention on your website for more than 8 seconds, you have lost them, possibly to a competitor. The digital and social media wave has changed the traditional marketing landscape significantly. There is a lot of noise out there. Many businesses are competing for the same audience. Our job is to cut through the noise and grab the audience’s attention. Just getting attention is not enough though. The problem with Attention is that it’s not a very measurable activity. If someone says they are paying attention, doesn’t actually mean that they are paying a full attention. So, attention can only be measured by the next action taken by a user; which could be as simple as a decision to stay on a webpage and read what it has to offer. This is why attention is only the first step; the second piece of the puzzle is Engagement. Attention and engagement go hand in hand. After successfully getting someone’s attention, you then need to keep them engaged to really make it worthwhile. Out of the millions of hours of free videos available online, the average length watched is only around 2.7 minutes. How long can you keep your users engaged? After doing all that work, the battle is not yet won. The third piece in the puzzle is Retention. Once you have grabbed the attention and engaged them with your message, you must repeat this a few times before they buy from you. Traditionally, it use to take a minimum of 7 contacts for someone to buy your product or service. This number is more like 12 or 15 now a days depending upon the market you are in. The problem is most businesses give up after the 2nd or 3rd contact with their prospective audience and then they are back to square one. If you would like to know about how you can use various digital strategies to grow your business, give me a call and we can discuss it over a coffee. Prepare your business to stand out from the crowd. Learn to catch attention of your audience. The more attention you get, the richer your business will get. Good thing is, not many people are doing it. So this is the time. Don’t wait. Be awesome!

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Call 0423 3 6 6 0 1 4 to Get started today! Sam Gupta is the managing director of Synapse Worldwide. Sam would love to hear your thoughts on this advice column. Tel: 1300 785 230 Email: admin@synapseworldwide.com Web: www.synapseworldwide.com.

Phone: 0423 366 014 Email: play@tenniscanberra.com.au Twitter: @TennisCBR #GetOnCourtCBR www.tenniscanberra.com.au

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Is it time to wrap our heads around wraparound services? ROBYN HENDRY

CEO CANBERRA BUSINESS CHAMBER

he health and social services sectors in Australia have long been committed to the concept of patient-focused or wraparound services, where the individual is at the centre of a comprehensive care team working collaboratively to achieve the best outcomes possible. Since the term was first coined in the 1980s, ‘wraparound’ has been defined in a variety of ways. Essentially though, it is a process which aims to achieve positive results by providing a structured, creative and personalised plan of care. While the model of wraparound service provision has traditionally been used as a system of care employed by the community and human services sector to help people with complex needs, perhaps it is time to ask ourselves whether the thinking behind this methodology could be just as applicable in assisting business, especially small business, to improve performance in a complex market. Business Dinner with Bruce Billson MP Date:

Wednesday, 9 September 2015

Time:

7:30 PM

Event Type: Business Events Location:

The Boathouse By the Lake, Grevillea Park, Menindee Drive, Barton

Description: Canberra Business Chamber invites you to join us for a Business Dinner with Bruce Billson, Minister for Small Business Canberra is fortunate to have a strong and expanding small business sector. In the ACT there are over 26,000 businesses and over 97 per cent of these are small businesses employing less than 20 people. In fact, there are about 17,000 businesses in the ACT not employing anyone but the business owner. So how do we take the wraparound concept and apply it to help businesses succeed. It is about providing local businesses with access to

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coordinated support, at the right time, on the issues essential to them. A recent illustration is the growing number of shared work spaces. These are often seen as business and entrepreneurial incubators as they not only provide people with a professional space in which to work, but a place where people can connect, share ideas and jointly develop solutions. Another example is the CBR Innovation Network whose Foundation Members are ANU, University of Canberra, NICTA, CSIRO and UNSW Canberra. This is an open collaboration of innovators dedicated to developing a thriving and diverse innovation ecosystem specifically to support the startup phase of business in the ACT. By providing the right support at the right time in a coordinated way it might be possible to help our SMEs succeed and expand. Just think, if only 30 per cent of small or micro-businesses employed one more person that would create another 10,000 jobs in the ACT. What I am talking about is continuing to improve access to education and training; legal and financial advice; and marketing and export assistance. Having a system of coordinated support that businesses can dip in and out of as they need it. The Canberra Business Chamber is currently embracing this philosophy and developing a broad range of offerings designed to respond to and meet the needs of micro-businesses and SMEs. These services can be tapped into by individual businesses at the right time for them. Due to its size and the existing collegiate business environment in the ACT, local businesses are wellplaced to learn from each other and get the help they need, when they need it, in order to increase the likelihood of them achieving their goals. While we might not yet use the term wraparound services in the business sector, it is definitely something we are already utilising and should continue to explore. Contact the Canberra BusinessPoint Team Phone: 1300 648 641 Email: info@canberrabusiness.com Web: www.canberrabusiness.com

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CHIEF MINISTER’S MESSAGE Photo Kasra Yousefi

ANDREW BARR

CHIEF MINISTER TREASURER MINISTER FOR URBAN RENEWAL MINISTER FOR TOURISM AND EVENTS

Business confidence on the rise in CBR

he latest Sensis business index report shows that business confidence in the ACT is at the highest levels in over a year and are above the national average. Small to medium enterprises are reporting improved sales profitability and wages, reflecting a positive attitude felt across the territory. These results demonstrate that the ACT has now turned the economic corner. With the Federal Government no longer slashing jobs in the APS – and the personal assurance I sought from the Prime Minister that the worst is over – there has been a renewed sense of confidence in our economy. The ACT Government has always maintained a positive attitude over the three years, investing in infrastructure and ensuring the economy didn’t fall into recession. We have achieved this and as a result, Canberra is in a far better position now to continue its growth. We’re standing up for Canberra, not talking the place down like the Liberals. This renewed confidence is good businesses. With confidence on the up – there will be more opportunities across all sectors. There will be jobs created for our future generations and we will be able to attract interstate and even international investment. Our unemployment rate is one of the lowest in the country, thanks in to the efforts of the ACT Government and the business community to pick up some of the slack from the Federal public service. There is always more we can do. Since becoming Chief Minister, I have already put in place a number of measures to better support the ACT’s business sector.

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Access Canberra is designed to engage directly with Canberra businesses and help them connect with the ACT Government. Already, Access Canberra has introduced legislation which removes red tape in the hospitality sector, and I’m sure there will be many more examples of this as the agency speaks directly to small to medium businesses and identifies further red tape reduction measures. I also recently released the Government’s second business development strategy ‘Confident and Business Ready’. After the success of our first strategy, which saw the Government achieve all the goals and objectives, this new strategy will see Canberra build on its strengths. This includes the appointment of a local industry advocate and promote a Local Industry Participation Policy to ensure our small and medium-sized enterprises have clear pathways to participate in government procurement. We will also establish a Small Business Innovation Partnership Program to support innovative local businesses, continue our tax reform by increasing the threshold for payroll tax and continuing our promotion of Canberra as the ‘knowledge Capital’. I know that the ACT is on the right path, and the Government is excited about where this city is going and the future opportunities ahead.

For more information on Confident and Business Ready: Building on Our Strengths visit www.business.act.gov.au/strategy

At Synapse, we take the time to understand your business, your products, your customers and then design a digital strategy to help you steer your business in the right direction.

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1300 785 230 GROW YOUR BUSINESS ONLINE

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