B2B Magazine April 2012 (issue 70)

IS BUSINESS SUFFERING A CRISIS IN CONFIDENCE? Read more in VOX POLI

NEW STRATEGIC FINANCIAL ADVICE COLUMN Perpetual discuss taking control of your super

IS THE WORLD (OF FAMILY LAW) FLAT? Not according to Farrar Gesini Dunn b2bincanberra.com.au

APRIL 2012

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CAnBeRRA’S BUSIneSS & GOVeRnMenT MAGAZIne

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Celebrates 90 years

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CONTENTS B2B EDITORIAL

Garry Lee, Ged Stenhouse, Rodney Miller, Andrew Sykes, Frank Lo Pilato photos by Andrew Sikorski

Small and micro businesses snubbed by Centenary of Canberra organisers

TIM BENSON Editor

CuLTuRE

How do small and micro businesses fit into Canberra's Centenary celebrations? Well I'm glad you asked, because, as the publisher of Canberra's only business magazine, I have absolutely no idea. Almost two years ago I attended a business lunch organised by the Canberra Business Council and was lectured by newly appointed Centenary of Canberra Artistic Director, Robyn Archer AO, about the importance of business and the arts and how important business is to the arts. In the double page feature we ran in B2B in May 2010 Robyn Archer Ms Archer A is quoted as saying 'I always tell festival organisers, for example, not to forget the local undertaker as they always want to be involved in a good news story'. I asked a question during the Q and A as to whether there would be opportunities for Canberra’s 25,000 small and micro businesses to get involved or whether the small number of medium and large businesses would yet again be tapped for $10,000-plus contributions for the government's events and festivals (don’t get me wrong these large organisations do a great job supporting our local community). The business community was assured this would not be the case and that a 'register' would be established so that smaller businesses could participate. Enthused and encouraged by these words I introduced myself to Ms Archer after the event and gave her my card and said I would like to meet to discuss ways B2B could be involved in engaging the Canberra business community. Two years later and less than a year out from the Centenary of Canberra, I am still waiting to be contacted.

And to the best of my knowledge a ‘register’ has not been established and there has been no attempt to engage to engage Canberra’s 25,000 small and micro businesses. To be honest I’m pretty sick of government and arts organisations giving lip service to the small business ‘engine room’ of the economy whilst going solely for the relative easier to bag larger contributions from medium and big business.

My advice to small business at this point would be ‘save your money’ and enjoy the wonderful celebrations that are going to take place next Please send all comments to year. editorial@b2bincanberra.com.au Art: the very fabric of life

by Tim Benson, B2B Publisher

May 2010 | B2B in Canberra

Photography by Andrew Sikorski

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“The van Goghs of today are out there. People are coming to me all the time with art projects and I try and help them. Businesses have the power to invest in living art and they should,” Robyn said.

The Centenary of Canberra celebrations in 2013 will provide an opportunity to focus attention and support on Canberra’s artists.

“The Centenary of Canberra is a celebration of the events of the past but it is also about the future. In my role as creative director for the Centenary, I will be programming and investing in things that will have legs past 2013,” Robyn said.

Robyn said many Canberrans were not aware of the rich variety of things that go on in Canberra and that she would be aiming to use the Centenary to raise awareness of many local artists and organisations.

“We need to get across that Canberra is a ‘whole way of being’. We are regional, national and international all rolled into one,” she said.

Robyn said that there will be a role for small business in the coming Centenary celebrations.

“I always tell festival organisers, for example, not to forget the local undertaker as they always want to be involved in a good news story,” Robyn said.

In response to a questions about how small businesses can get involved, Robyn said that she would establish a register for small business to provide information about what they would be prepared to offer to support artists in the lead-up and during the Centenary celebrations. *Robyn Archer is the creative director for the celebrations of Centenary of Canberra in 2013 and an international singer, writer, director and public advocate of the arts. Among many titles Robyn has a B.A. (Hons Eng), Dip. Ed. (Adelaide University), Honours Doctor of the University (Flinders University), Officer of the Order of Australia ( Australia) and Chevalier du l'Ordre des Arts et des Lettres ( France).

Find out more about Robyn Archer at www.robynarcher.com.au .

RSM

rt is not a frill on the frock of life, it is the very fabric: without it we are naked to the often cruel, harsh and unjust elements of life. Art refreshes and inspires through sheer beauty and virtuosity. But art is also the safest place to explore dangerous ideas, and that forum is essential in this critical moment of change for the 21st century – Robyn Archer*.

Robyn Archer, international artist and administrator recently addressed an appreciative audience, at a Canberra Business Council Lunch, on her role as creative director for the celebrations of Centenary of Canberra in 2013, and the important role art plays in business.

The lunch was sponsored by The Canberra Times, Australia Business Arts Foundation and Australian Institute of Company Directors and held at the Hyatt Canberra.

“I defy anyone to think of a time that they don’t bump into arts in our society. It would be a very difficult thing to do. It reminds me of a women in the United States that tried to go a whole year without using anything that was made in China,” Robyn said.

Robyn said that the arts are not only inspiring but a safe place to have a dangerous experience.

“You can go through the experience and find out what you would have thought and done in that situation without the ramifications of actually doing it,” Robyn said.

According to Robyn there is a strong link between the arts and business.

“Art should have an important place in every business.

Investing in an artist is good for employers, their staff and their clients. And it is a scientific fact that art stimulates the brain – art stimulates the creative muscle,” she said.

Robyn lamented about the life of Vincent van Gogh whose works were not recognised or valued until much after his death.

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CeLeBRATeS 90 YeARS

CONTENTS UPFRONT 06 Community CPS Australia’s strong mid-year results benefit members

08 Leadership in a Globalised World Take the ‘chaos’ out of your IT solutions

08

OPINION 10 Ann Northcote, Director, Farrar Gesini & Dunn, corrects the misconceptions of family law

FEATURES 12 The GFC hangover −

Beames recommends where to invest

10

COVER STORY 17 RSM Bird Cameron – Celebrates 90 years VOX POLI 14 Are ACT businesses suffering a crisis in confidence?

21 ADVICE FROM THE EXPERTS 22 ACCOUNTING Customer service the winner in uncertain times

By RSM Bird Cameron

12

BUSINESS LAW More reasons to keep your workplace safe

By Elringtons Lawyers 23 BUSINESS RELOCATIONS Relax we carry the load

By Allied Pickfords Business Relocations

36

WEBSITES Facebook Timeline – story of your life!

By Synapse Worldwide

25 ESTATE PLANNING The Penalties for Non-Compliance

By Certus Law 26 MARKETING Nurture your brand - nurture your workforce

By Mary Curran, Brandnet TALENT SERVICES Skilled Professionals – Where are they?

By Cantlie 28 STRATEGIC FINANCIAL ADVICE Is it time to take control of your superannuation?

By Perpetual A2B: ASSOCIATIONS TO BUSINESS 31 ACT EXPORTERS: ACT Exporters’ Network A New Direction in 2012 32 CANBERRA BUSINESS COUNCIL: ACT Government needs to send a clear message that the ACT is Open for Business 34 ACT & REGION CHAMBER OF COMMERCE & INDUSTRY: Love your local VET BUSINESS NETWORKING 36 B2B @ Cantlie Relaunch 37 B2B @ CBC Lunch B2B @ AICD Twilight Networking 38 B2B @ Stanhope's Testimonial Dinner B2B @ ICCA Graduates Event 39 Peter Benson's 70th birthday B2B @ Energy Networking B2B @ Chamber after dark Lexus

24 BUSINESS SERVICES The ATO’s new weaponry…delayed!

By Kazar Slaven

PUBLISHER I EDITOR

Tim Benson editorial@b2bincanberra.com.au 02 6161 2751

ADVERTISING ENQUIRIES ISSN 1833-8232

CORPORATE GOVERNANCE Tips for tough times

By Australian Institute of Company Directors

Tim Benson 0402 900 402 tim.benson@b2bincanberra.com.au

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UPFRONT

Community CPS Australia’s strong mid-year results benefit members

Robert Keogh

The Community CPS Australia Group, one of the largest customer-owned financial institutions in Australia, has had robust business success and delivered solid results for the first half of this financial year.

Community CPS, with branches in the Australian Capital Territory and across Australia, has reported a net profit after tax increase of $14.32 million in their half yearly results. The reported net profit is an increase of 17.8 percent on the corresponding interim result last year. Community CPS has also seen a deposit growth of 5.3 per cent and a 10.2 per cent increase in total assets.

The credit union did particularly well in the Australian Capital Territory, translating into valuable benefits and security for

members. Community CPS saw 12.3 percent business growth in the ACT, highlighting solid local performance and the diversity of its national business. The Community CPS loan book in the ACT and region grew by 12.8 percent, aided by the merger with Wagga Mutual Credit Union, and deposits increased by 12.6 per cent.

CEO Robert Keogh attributes the company’s robust business success in such a difficult financial climate to the strength and diversity of its member-focused business model.

“As a credit union, Community CPS differs from other banking institutions in that our members are the shareholders as well as the customers, allowing profits to be reinvested back into the company and our products and services,” said Mr Keogh.

“The Community CPS business model focuses on delivering high-quality products and services, lower fees and better interest rates to our members, as well as community support initiatives, resulting in strong performance and security for members.”

In such a difficult financial climate, the diversity and strength of the Community

CPS business model is positive news for consumers as the credit union’s increased net profit continues to create and return further value to its customer owners.

The Community CPS Australia Group is one of the largest customer owned financial institutions in Australia, with assets under management approaching $4 billion. The credit union employs 585 staff across 48 branches, servicing more than 180,000 members. Community CPS is located in South Australia and the Australian Capital Territory, and operates as Wagga Mutual Credit Union in Wagga Wagga, Companion Credit Union in the Hunter Valley and United Community in Western Australia. The Group comprises activities in banking, the community (through the Community CPS Foundation) and professional services (wealth management, tax and accounting services via Eastwoods).

For more information visit www.communitycps.com.au

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UPFRONT

Andrew Simon

“For Australian leaders grappling with big picture strategic issues or hard nosed commercial considerations this is an opportunity not to be missed.”

If your business or agency has a strategic interest in understanding the US, its system of government and how it sees itself in the world, then Yellow Edge can offer you a

Leadership in a globalised world unique learning opportunity.

At the forefront of leadership development in Australia, Yellow Edge is offering senior executives from both private and public sectors the chance to experience their own in depth primer on US society, politics, business and economics.

As Program Director, Andrew Simon points out: “Participants will have access to high ranking officials and agencies and be able to really tease out their understandings of the world’s major super power and Australia’s key ally. This is an unprecedented opportunity to gain unique insights into Australia’s major strategic and commercial ally.”

The Yellow Edge program has been made possible by the Canberra company forging partnership links with the prestigious Georgetown University, the US Government Affairs Institute and the US Studies Centre at the University of Sydney. Yellow Edge is offering an intensive week long study tour to the US framed by pre and post visit strategy sessions aimed at preparing for and distilling learnings gained from the visit.

In recent years, Yellow Edge has built an enviable reputation with its acclaimed China Global Leadership Practices Program.

The US program provides a similar opportunity to gain in depth understanding of how the US sees itself in today’s world and forces that are shaping its current thinking and responses. Andrew Simon says: “For Australian leaders grappling with big picture strategic issues or hard nosed commercial considerations this is an opportunity not to be missed.”

While the contacts are high level, the number of participants is deliberately kept to a maximum of 15. This ensures an intimate level of contact and exchange – conducive to learning and building strong relationships.

The week long study tour takes place in late May, in what is a critical presidential year in the US. For information on the program contact Yellow Edge on 6273 0168 or andrew.simon@ yellowedge.com.au . Bookings can be made with Kristen Hannan at Kristen.hannan@ yellowedge.com.au

Take the ‘chaos’ out of your IT solutions Anti Chaos Solutions is an IT Specialist and Support company based in Canberra that has been founded by two very customer focused individuals. Andrew Lombe and Aruna Abeywickrama have formed a partnership based on a ‘people first’ principal.

Andrew and Aruna are the’ yin and yang’ of technology. Andrew has been developing software the last 20 years and Aruna has been concentrating on technology support for the last 10 years.

“We are achievers and successful in our own areas of specialisation. But above this, we are also both very client focused, which has been our defining edge in our respective careers. We will ensure our own team has the same focus. Their job description will be…to assist our clients in being successful, ” Andrew said.

Anti Chaos Solutions aims to take the chaos out of the technology that supports the business so it can run at an optimal level.

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business they are supporting, 2. what technology will help the people in business achieve these goals, 3. recommend technology that will reduce duplication and delays in the workflow to optimise the experience for staff and customer, and 4. ensure there is a return on the technology investment.

“Rather than the technician run in and replace a part and run out, we see ourselves

B 2 b I n C a n b e rra

sitting with the managers in the business and problem solving with them – complimenting their knowledge with ours,” Aruna said.

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OPINION

The world (of Family Law) is not flat Correcting common misconceptions in Family Law

By Ann Northcote, Director, Farrar Gesini & Dunn

S

ome words and phrases that are in common usage have particular meaning in the family law context.

This article looks at some important words and phrases.

Divorce Often people ring my office and ask to see me about a Divorce. They do not actually mean a Divorce. They want to see me about property settlement, child support, and working out arrangements for their children.

‘Divorce’ itself is an entirely separate process and is not dependent on the other issues being resolved. As most people are aware, you cannot apply for a Divorce until you have been separated for 12 months. Most people want to make arrangements about property settlement, children and child support sooner than that.

Joint credit cards Many clients tell me that they have a joint credit card. This is generally not the case. One person is the primary card holder and the other person is the secondary card holder.

It is the primary card holder’s responsibility to make the payments each month. It is therefore very important for people to work out who is the primary card holder and arrange for the secondary card holder to return or destroy their card. Each financial institution has different rules but obviously you would not want to be in the position of a man I once saw whose wife held a secondary card on his Visa card and who was refusing to surrender it and, worst of all, paying for her lawyers’ bills from it.

Valuation and Appraisal Some clients say to me that they have obtained a valuation of their home from a real estate agent. What they have obtained is an

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appraisal. An appraisal is given by a real estate agent and it will list a range of prices for which the property could be sold (for example, $520,000-550,000). A valuation, on the other hand, is a lengthy document prepared after research and inspection by a registered valuer which places a figure as to the value of the home. Some parties are happy to negotiate a property settlement based on appraisals whereas others consider that the necessary expense in obtaining a valuation is worthwhile.

Mortgage Some people view the words “mortgage” and “loan” as being interchangeable. The media frequently talks about mortgage rates. In fact, they are talking about home loan rates. A mortgage is a special contract between you and your financial institution. It is registered at the Land Titles Office against the title of the property referred to in the mortgage. It can secure a multitude of loans (even credit card debt). Quite often a loan has been repaid but the mortgage remains registered. This is because, when you finally clear your home loan after many years, the bank does not automatically discharge the mortgage. They will only do so if you ask them - and there will be a fee – and then they will release the Certificate of Title. For some people in a property settlement, it is a simple matter of paying the fee to have the mortgage discharged, but many people have discovered that in fact the reason why a mortgage is still registered against their property is because it is security for other loans, including car loans, personal loans, etc.

Owner, life insured, beneficiary Broadly, there are three concepts in relation to a life insurance policy. The first is

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who owns the policy, the second is who is the life insured on the policy and the third is who is beneficiary of the policy. In the simplest of cases, the three all relate to the same person. I can own a policy on my own life and the beneficiary is listed as being my estate. However other people have what is known as cross insurance whereby the owner and beneficiary of the policy is the wife, but the life insured is the husband (and vice versa).

These need to be sorted out when there is a property settlement. No one would want their ex to be the beneficiary of a policy on their life!

For family law advice contact Ann Northcote at Farrar Gesini Dunn Level 5, Colonial Mutual Building 17-21 University Avenue, Canberra City ACT P (02) 6257 6477 | F (02) 6257 4382 E fgd@fgd.com.au | www.fgd.com.au

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F E AT U R E

THE

GFC HANGOVER

David Rae, Director, Beames & Associates, Certified Financial Planner TM

WHERE TO INVEST?

“A serious investor is not likely to believe that the day-to-day or even month-to-month fluctuations of the stock market make him richer or poorer.” Benjamin Graham photo by TIm Benson

This document contains general advice. It does not take account of your individual objectives, financial situation or needs. You should consider talking to a financial adviser before making a financial decision.

Beames & Associates Accounting and Financial Services Pty Ltd (ABN 56 129 943 031) is an authorised representative of Count Financial Ltd (ABN 19 001 974 625) AFS Licensee 227232. Count’ and Count Wealth Accountants® are trading names of Count Financial Limited ABN 19 001 974 625 Australian Financial Services

Suite 7, Football House 3-5 Phipps Close, Deakin T 6282 9500 F 6282 9200 beamesandassociates.com.au 12

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nvestors today have more information at their fingertips than ever before. Everywhere you turn there is a constant stream of financial news whether it is magazines, newspapers, 24 hour business channels or social media. But is this useful for investors or is it a case of information overload? I would argue that all it has done is lead to greater confusion over what the best financial decision is.

“Information is useless if you don’t know what to do with it. Investing today requires a measured and level headed approach to cut through the noise and uncertainty”. David Rae Despite those who say that this financial crisis is different, the global economy has had to deal with the regular cycle of boom and bust dating back hundreds of years. From the Tulip Bubble in Europe in the 1630’s to the Great Depression, the Oil Crisis of the 1970’s, and the Internet Bubble to the GFC. It has happened before and it will happen again.

But today, volatile markets and governments

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facing tough decisions around the world have left investors wondering what to do with their money? People who have been working, saving and planning are worried about what the future holds.

Benjamin Graham is widely regarded as one of the greatest investors of all time - he was a strong advocate of focussing on dividends when investing. Today across the ASX Top 20 we have some of the highest dividend yields in many years. But due to caution, nervousness and fear we are seeing unprecendented levels of inaction.

Cash rates of 5.5% and falling are seen as safe.

Fully franked dividends of 7.5% are being virtually ignored.

“At Beames and Associates we educate and advise our clients to give them the confidence to take advantage of investment opportunities that aren’t always obvious.” David Rae Let me explain two simple investment concepts that provide confidence in uncertain times.

F E AT U R E

1) THE DIFFERENCE BETWEEN PRICE AND VALUE In simple terms, Price is what you pay for something and Value is what it’s worth. If you think about buying a bike the Price might be $1,500 but the real Value is the enjoyment and improvement in fitness it can provide over many years. The same definition of Price and Value is applicable to the purchase of shares or any other investment. For a true investor, the price is what you pay for a stock the day you buy it. However the real Value comes from the income or dividend that is received. We have seen enormous volatility in the sharemarket over the past few years. In many cases this has meant a fall in Price. For a lot of stocks however, the Value to the investor has actually increased as companies have increased their dividends.

We’ve seen this with the likes of BHP and Commonwealth Bank.

“When you invest in quality stocks, price is only relevant if you need to sell.” David Rae To illustrate this I’ll use Westpac (WBC) as an example (This is solely an example, do not consider this to be an endorsement for Westpac shares). In the past 12 months, Westpac has paid 2 dividends of $1.56 in total which equates to a yield of 7.5% based on the current share price of $20.90. This is an increase of 12% from the dividend paid in the previous 12 months of $1.39.

On a “grossed up” or “pre-tax” basis this equates to an income return of 10.7%. So while the Price has fallen from over $25 down to $20 in the past 10 months, the Investor is getting more Value!

Over the past 10 years, Westpac have managed to increase their dividend by an average of 9.3% pa (note it did drop during the GFC but

is now back at record levels). Of course there are no guarantees as to what will happen in coming years. However it is clear there is plenty of Value in investing in companies that are able to grow their dividends over the long term.

“Basically, price fluctuations have only one significant meaning for the true investor. They provide him with an opportunity to buy wisely when prices fall sharply and to sell wisely when they advance a great deal. At other times he will do better if he forgets about the stock market and pays attention to his dividend returns and to the operating results of his companies.” Benjamin Graham

2) FOCUS ON INCOME Attractive income returns can be found – it is a matter of knowing where to look.

I was asked by a client recently “where is the best place to invest $100,000 if I need income?

I’m thinking about shares but given everything I’ve been hearing in the news lately, maybe I’m better off with my money in the bank”.

It’s a great question and the answer is relevant not only for those with spare cash to invest but also those who already invested in the sharemarket. Let’s take a quick look at some options:

Cash Over the past few months we’ve seen most of the banks dropping the rates on their fixed term deposits. Given the uncertainty we are seeing on global markets, they are betting that the next interest rate move by the Reserve Bank will be down. While 12 months ago you could get about 6.5% for a 90 day term, this has now fallen to around 5.5% for 90 days.

Shares If we consider instead investing in one of the bank shares rather than deposits we’ll receive a dividend yield of around 7.5% based on the current price (using the example above). As tax has already been paid at the company rate of 30% we get a franking credit.

The pre-tax income to compare to our term deposit is known as the grossed up yield and in this case is 10.7% – which is more than 5% above the current term deposit rate. ”But hasn’t the sharemarket just been going down lately?” my client asked. We’ve certainly seen global pressures and fear drive markets around the world including our own lower recently.

The question though was – where is the best place to invest for income? Unless you think the banks are going to significantly drop their dividends then high yielding shares look attractive right now.

Property If we were to throw property into the mix (assuming the $100,000 was enough for a property) we might be looking at a rental yield of 5% which drops to around 4% after costs such as agent’s fees, land tax, insurance etc. are taken into account.

Fixed Interest The forgotten investment! High term deposit rates have seen fixed interest virtually ignored in recent times.

Currently high yields of around 7%-7.5% are available in quality bonds creating opportunities to increase income.

There is income to be found, you just need to know where to look.

“To take advantage of a volatile market a beneficial strategy is dollar cost averaging your way in.” David Rae

VOX POLI

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Katy Gallagher

ACT Chief Minister

he economic facts of the ACT – notably our strong growth and low unemployment – demonstrate there is no crisis in the Territory.

We have a strong and vibrant private sector that accounts for about half the ACT’s total employment. What’s more: • Private sector employment in the ACT increased by 1.9 per cent in the November quarter 2011, and private sector wages are rising faster than those in the public sector; • Income from the sale of goods and

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Are ACT businesses suffering a lack of confidence or is there something more to it?

You decide.

Zed Seselja

ACT Opposition Leader

he Canberra Liberals understand the challenges faced by local businesses, of which the ACT Government is an important customer. ACT businesses’ confidence in government has no doubt been eroded, after they have been left out of pocket by delays in government payments and not properly engaged with in the planning of business-orientated projects such as the government office block.

Paying all businesses, especially local businesses, on time should be the bread and butter of local government.

Instead, the ACT Labor Government’s Departments collectively owe $7.4 million in overdue invoices and have not paid any

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Are ACT businesses suffering a crisis in confidence?

Meredith Hunter

Parliamentary Leader ACT Greens

s always, some are and some aren’t. The Federal Government is still the main employer in town so when it announces it will cut spending by 4% then all Canberra businesses know that things will be harder.

To some extent most Canberra businesses depend on Federal Government workers as customers. ACT retail has been suffering lower turnover for a number of years now.

Added to the ongoing global economic uncertainty since the GFC there has been the additional uncertainty of efficiency dividends and competing Canberra bashing by the old parties which all ACT businesses know will affect them; everyone remembers what happens last time we had

VOX POLI

services in the private sector has increased for six consecutive quarters to the December quarter 2011; • The ACT has Australia’s lowest unemployment rate (3.6 per cent in February 2012) and the second highest participation rate; and • The latest Canberra Construction Snapshot shows about $13.5 billion worth of projects are currently planned or under way.

• I think these facts should dispel any reason for there to be any crisis in confidence in the ACT. The approach we have taken is to not slash and burn – our fiscal position is sound - as Standard and Poor’s has shown by reaffirming our Triple A credit rating. We want to support confidence and growth in the local economy and the ACT Labor Government has an important role to play in that regard.

Nevertheless, the perception of economic conditions can have an

important impact. Anyone watching the news each night could be forgiven for being uncertain given the turbulence buffeting the world economy, from which the ACT is not immune. But it’s a far cry to say we’re in a crisis.

Amid this global uncertainty it’s vital to take a responsible approach to discussing our economy. Talking down the economy, painting a picture of doom and gloom, even using the word crisis, does nothing more than rattle consumers and businesses unnecessarily.

The Government does, of course, welcome robust debate on the economy. However, Canberrans do not deserve people talking down our economy or threatening to devastate it.

For all of us who live and work in Canberra, we should be working together to ensure we have a strong future and we should discourage any organisation or individual who seeks to talk our city down.

interest to affected providers.

In one case, the Chief Minister’s own Directorate paid a provider 2,043 days late. This completely undermines local businesses and directly contradicts the government’s commitment to pay providers within 30 days, with commercial interest on late payments.

A Canberra Liberals government will not allow this to happen.

As part of our commitment to being the best local government in Australia, we will ensure the government pays providers on time, and will create an equitable playing field for local small businesses. Our policy is to pay providers within 30 days, and those with contracts of up to $1 million which have to wait more than 45 days will be paid interest on the overdue amount.

We would also require all agencies to provide quarterly reports on their payment performance, and will ask the Auditor-General to conduct compliance audits on government payments and review small business participation in government tenders.

Local businesses were also not properly engaged with in the ACT

Government’s $432 million office block debacle, further eroding their confidence in the government. Despite spending $5.7 million of taxpayer dollars to justify their office block plans, the government did not listen to the local private sector which told them it could be built for much less. The Canberra Liberals argued forcefully that this project was overpriced and unnecessary, particularly at a time of high office vacancies. It is very worrying that ACT Labor pushed ahead with the project regardless, spending millions of dollars in the process, only to then back flip on the plan during an election year due to political pressure. The government claimed that the project would save taxpayers $34 million per year. The dishonesty of this claim is borne out by the back flip. If they really believed this figure to be true they would surely be pursuing the office block. Local businesses have every right to question if the government ever knew what it was doing with this project. We know that the expertise of hardworking local businesses should be utilised and the government should help them grow, not hinder them through late payments and poor engagement.

a slash and burn of the public service and Tony Abbott is promising similar cuts if he wins the next election. Combine this with global economic uncertainty and perhaps the only thing we can be confident about is change.

For many ACT businesses that are direct suppliers to the Federal Government these sorts of cuts in government expenditure will certainly mean even greater difficulty. The ICT industry is an example of how acute the effect of Federal Government decisions can be. In 2008, the Gershon Report recommended that the Federal Government move more ICT projects out of agencies and out of the ACT. The scenario perpetuates itself as jobs become tighter and staff move interstate which means that even when the Federal Government would have used Canberra business, those businesses no longer have the necessary human resources in a massive jobs export of the Government’s own creation. This is certainly leading to a crisis of confidence for ICT businesses and staff.

Retail confidence in Canberra hasn’t been helped by the ACT

Government’s determination to continue to release more retail sites. It seems likely that much of this new development will be at the expense of existing businesses as retail sales aren’t growing at the rate the Government is releasing retail space.

The task for the ACT Government is to create an economy that fosters business enterprise and gives sustainable businesses the confidence to invest in Canberra. The clean economy strategy which was part of the ALP – Greens Parliamentary Agreement will play an important role in ensuring that ACT business can compete in a low carbon economy. We also need to ensure that we have the right taxation settings in place and I’m sure all business are keen to see the Quinlan tax review and in particular the recommendations around payroll tax.

The ACT workforce is adaptable and educated, we are well placed to adapt to changing business conditions. The local and Federal Governments should both provide more certainty, only then can business be confident about its future.

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Our connections make the world of difference.

RSM Bird Cameron boasts close connections to RSM member firms literally across the globe.

This enables our clients to enjoy ready access to world’s best practice, international insight and expertise. For Australian companies wishing to expand their business internationally, our connections really do make a world of difference... Connected for Success.

www.rsmi.com.au Assurance l Business Advisory l Corporate Finance l Risk Advisory Tax l Turnaround and Insolvency

COVER STORY

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hat is now a national full service firm with nearly 1,000 staff and 26 offices across Australia began as a mobile accounting business with just one staff member, travelling around regional Western Australia providing accounting and taxation advice to farmers and small store keepers.

Connecting for 90 years RSM Bird Cameron is celebrating its 90th anniversary this month. This milestone has given the Canberra RSM Bird Cameron office cause to reflect on the people, clients and relationships that have contributed to the firm’s success locally, nationally and beyond. photos by Andrew Sikorski These humble beginnings and country values continue to flavour RSM Bird Cameron’s philosophy. RSM Bird Cameron, although operating out of Australia’s major capital cities, has maintained its relationships with regional Australia and small to medium business clients. In addition to its national offices, RSM Bird Cameron has international affiliations

with firm networks in the UK, USA and France.

The reference to the acronym “RSM” in the firm’s name is a reference to these international affiliations. The RSM international network is one of the world’s largest accounting and consulting groups with associate firms in over 700 locations around the globe.

continued on next page

COVER STORY

The success of the RSM Bird Cameron Canberra Office can be attributed to its focus on understanding its clients and their businesses. The firm is aware that a thorough understanding of a client’s industry and business enables its business advisors to provide tailored advice.

RSM Bird Cameron established its international relationships as a result of increasing demand from its Australian clients for international business advice. RSM Bird Cameron’s expansion into the international business arena reflects its clients’ embrace of globalisation, technology and international business opportunities. Whilst the RSM Bird Cameron Canberra office has the support and expertise of its international affiliates and other national offices, the Canberra RSM Bird Cameron office is staffed by Canberra residents with expertise in and knowledge of the unique Canberra Market.

Managing Partner Garry Lee moved from Perth to establish an office in the nation’s capital.

Garry established the office in Canberra above a fish and chip shop in Lonsdale Street, Braddon. The office had one employee. Over the last 28 years, the Canberra Office has grown to over 80 staff, including 5 directors of the business.

The RSM Bird Cameron Canberra office, as a full service accounting firm, offers assistance and advice in the following areas:

The success of the RSM Bird Cameron Canberra Office can be attributed to its focus on understanding its clients and their businesses. The firm is aware that a thorough understanding of a client’s industry and business enables its business advisors to provide tailored advice. Garry proudly asserts that ‘our clients enjoy a reliable and innovative service from practitioners who have developed a deep understanding of their business and industry sector.’

Equally important, according to Garry, is ensuring that you’ve got the right mix of people with the skills and experience needed to meet these needs. RSM Bird Cameron invests heavily in their staff and provide a wide range of training programs which continually build on the technical skills and encourage their staff to develop their preferred area of expertise.

Business Solutions: Providing tailored and personalised services to each of their clients Tax Advisory: Providing specialist taxation advise to complex transactions Audit and Assurance: Providing audit and consulting services to government and private enterprise Turnaround and Insolvency: Providing solutions to troubled individuals, businesses and their stakeholders, including financiers, unsecured creditors and shareholders.

Financial Services: Providing financial advice to clients to enhance their wealth The Canberra RSM Bird Cameron office was started over 28 years ago when, in 1984,

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Garry Lee: Business Solutions Andrew Sykes: Business Solutions Frank Lo Pilato: Turnaround and Insolvency Rodney Miller: Assurance and Advisory Ged Stenhouse: Assurance and Advisory

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Garry says that “our staff participate in firm-wide development programs and attend specialist training to ensure they remain abreast of current developments and best practice.”

‘Providing corporate fitness packages requires effort and passion. I rely on RSM Bird Cameron’s advice to support and grow my business’ Daniel Ford, Battle Camp Coordinator and Physical Training Instructor

Garry is critical of the increasing tendency for accounting firms to outsource processing work offshore to countries offering cheap labour. Despite RSM Bird Cameron’s international presence, local clients are serviced by local staff. Garry is conscious that a firm, by outsoucing its work out of Australia in order to maximise its bottom line, deprives itself of experience in the local market.

The Canberra RSM Bird Cameron Office, by choosing to service clients locally, ensures that profits are kept within the Canberra community. RSM Bird Cameron’s focus on the local community is not just in the business sense. RSM Bird Cameron is heavily involved in the support of local charities and community groups.

Garry Lee says “we participate in national fundraising for the Australian Red Cross and we also support Snowy Hydro Southcare and local sporting teams such as the Canberra Capitals and the Canberra United Women’s soccer team.”

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RSM Bird Cameron’s auditors not only provide technically excellent audits but also draw on their in-depth knowledge of their clients’ business to make constructive contributions for improvement. They approach the audit as a service for the benefit of stakeholders and work hard in order to achieve the best possible result. They hire talented people and invest heavily in training and tools, including systems for achieving consistency, objectivity and accountability in strict compliance with professional standards.

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Business Solutions The business solutions team delivers accounting services to small and medium-sized enterprises (SMEs) in regional and metropolitan Australia across a wide range of industries. Whether it is tax advice for improving your business performance and realising wealth in the future, or hands-on help to meet an immediate need. While recognising the critical importance of compliance in areas such as tax, there is also a strong focus on taking SMEs to the next step in long-term wealth creation through sound business planning. This could take the form of business development, succession planning, exit planning, retirement planning or self-managed superannuation funds.

Financial Services If your money is harnessed and put in the right place at the right time, RSM Bird Cameron Financial Planners believe it has the capacity to grow and multiply. They have built a solid reputation for offering responsible financial advice whether that be to individuals, small-to-medium enterprises (SMEs) or large institutions. Services include financial advice on investment portfolios, capital movement or income repairs, financial check-ups or full-time money management, as well as advice on insurance cover, income protection and loans.

‘As National Councillor, I rely on the most up to date financial accountability for our members. RSM Bird Cameron is an essential contributor to meeting our organisation’s statutory obligation nationally.’

Nick McDonald Crowley, Australia Property Institute

‘The concrete business is one of the toughest in town.

We need the best advisors, equipment, people and products. We rely on RSM Bird Cameron for our financial strength.’ Barry Innes, Manager, Monaro Mix Specified Concrete

Turnaround & Insolvency Our national team of specialists turnaround and insolvency advisors work to achieve the best possible outcome for troubled individuals, businesses and their stakeholders. Whether it is a restructuring of a listed corporate entity under financial duress or a complex investigation into fraudulent commercial activity, they take a pragmatic, collaborative approach to developing technically appropriate and commercially astute solutions.

Our one-firm structure enables us to provide strong connections and a focus on client relationships. Clients can readily connect to our national and international expertise and networks, our extensive understanding of Australian business and to our directors and senior advisors. With RSM Bird Cameron you really are ...

Connected for Success.

COVER STORY

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With RSM Bird Cameron you truly are... Connected for Success.

ADVICE 22 22

ACCOUNTING

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BUSINESS RELOCATIONS

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WEBSITES

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BUSINESS SERVICES

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CORPORATE GOVERNANCE

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ESTATE PLANNING

Customer service the winner in uncertain times

by Ken Johnston, RSM Bird Cameron

BUSINESS LAW More reasons to keep your workplace safe

by Craig Painter, Elringtons Lawyers

Relax we carry the load

By Gary Green, Allied Pickfords Business Relocations

Facebook Timeline – story of your life!

By Sam Gupta, Synapse Worldwide

The ATO’s new weaponry…delayed!

By Tony Lane, Kazar Slaven

Tips for tough times

By Phil Butler, Australian Institute of Company Directors

The Penalties for Non-Compliance

By Stephen Bourke, Certus Law

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MARKETING

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TALENT SERVICES

Nurture your brand - nurture your workforce

By Mary Curran, Brandnet

Skilled Professionals – Where are they?

By Keith Cantlie, Cantlie

STRATEGIC FINANCIAL ADVICE Is it time to take control of your superannuation?

By Sara Caggiano, Perpetual B 2 b I n C a n b e rr A M A PARRI LC H 2 0212 0 12

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ACCOUNTING

By Ken Johnston

BUSINESS LAW

Customer service the winner in uncertain times

It seems every time I turn on the television news, open a newspaper or browse the news online there is a further story or article on the down turn in the Australian economy. If I was to believe everything I hear or see no one is spending. Clearly this is not true and antidotal evidence from our clients is that it’s a “mixed bag”; some are doing well while others are struggling to survive.

Once a customer is delighted with a product or service, they want to continue the relationship.

Business owners need to review current revenue streams, identify ways to expand and become ‘problem solvers’ in the eyes of customers to attract and retain customers and build loyalty.

When consumers are not spending it is sometimes easier to concentrate on the cutting of costs to maintain profit. This is seen as a short term solution that is not sustainable over the longer term.

However it could see you over this economic period until the return of consumer confidence.

Another strategy is to provide awesome services and high quality products, progressive ideas and value for money. Once a customer is delighted with a product or service, they want to continue the relationship. There is a common misconception that it’s “all about” the price. This is illustrated by the following story: A colleague of mine was in the market for a new set of golf clubs.

The staff at the first pro shop he visited spent over an hour with him doing various measurements, adjustments and what have you and then quoted their price for the clubs. Like a good consumer he visited a number of other stores and researched online. What he found was that he could pick up the same clubs online for three hundred dollars cheaper from an overseas supplier. Now rather than making that purchase he went back to the original store and spoke with them. They came back with a price some two hundred dollars less than originally quoted, which he accepted. In his mind the extra one hundred dollars was cheap for the time and effort they had spent with him. This store now has an advocate.

Gather information about your customers and nurture that relationship. Use this information to improve the way you do business, turn positive comments into referrals and testimonials and let customers know that their business is important to you.

For more information, please contact Ken Johnston at RSM Bird Cameron, on 02 6247 5988 or ken.johnston@rsmi.com.au.

For more information, please contact Ken Johnston at RSM Bird Cameron, on 02 6247 5988 or ken.johnston@rsmi.com.au.

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by Craig Painter

More reasons to keep your workplace safe

The Work Health and Safety Act (WHSA) came into effect on 1 January 2012 resulting in changes to Occupational Health & Safety (“OH&S”) law in Australia. All ACT and NSW businesses need to be aware of these changes.

Changes: Firstly, the WHSA extends the employers’ duty of care beyond the traditional employer-employee relationship. The duty is broad and is imposed on any person conducting a business or undertaking –therefore covering not only employees, but also contractors, labour-hire workers and apprentices (‘Workers’). Secondly, if there is a breach, the prosecution must prove that the business owner did not take all reasonable measures to prevent the risk of injury to Workers. Thirdly, business owners (including officeholders in a corporation or unincorporated organisation and partners in a partnership) must exercise due diligence to ensure that the business complies with its OH&S obligations. This means that unless an officer of the business exercises due diligence, he or she may be liable for any contravention of the WHSA. Obligations: Due diligence requires more than the conventional physical review. Each business owner must: • take steps to keep up to date knowledge of OH&S matters; • understand fully the nature and operations of the business and the associated risks to Workers; • ensure that appropriate resources to minimise or eliminate hazards to Workers are available and utilised; • ensure the business has processes for receiving and considering information about incidents and hazards and responding in a timely manner; and • ensure the business has, and implements, appropriate processes for complying with its obligations under the legislation A consequence of this is that an owner may be liable for failing to exercise due diligence despite the fact that the business itself is complying with its obligations, or without an incident in the workplace even occurring. Additionally, business owners must consult with all Workers about OH&S matters, as far as reasonably possible.

Offences: There are now three categories of offences: Category 1 offences are the most serious, involving recklessness and exposing an individual to the risk of death or serious illness. Category 2 offences occur where a person is exposed to a high level of risk of death or serious injury, but without recklessness. Category 3 offences are breaches without a high risk of serious harm and without recklessness.

Breaches of the WHSA can result in up to 5 years imprisonment and/or penalties between $50,000.00 and $3,000,000.00. Given the significantly increased penalties under the WHSA, employers should acquaint themselves with these new developments.

For advice, please contact partner Craig Painter on (02) 6206 1300.

Craig Painter is partner at Elringtons in litigation services.

Contact Elringtons T: (02) 6206 1300, Level 7, 221 London Circuit, Canberra City visit: elringtons.com.au

BUSINESS RELOCATIONS

by Gary Green

Relax we carry the load

Is your business relocating? Allied Pickford’s is synonymous with business relocations management and corporate relocation services.

We understand the wider issues, the need for careful planning, detailed project management and clear communication with your staff. Our experienced team takes total responsibility for your office or business relocations leaving you to concentrate on the day to day tasks of running your organisation. The process of relocating is more complex than most people realise. Due to business relocations being a relatively infrequent event for most organisations, people under estimate the time involved and the actions required. When you relocate with Allied Pickford’s we dedicate experienced business relocations Project Manager who is committed to your business relocations requirements.

Our aim is to ensure a seamless and pain free experience for both your organisation and more importantly your staff.

Eight reasons to choose Allied Pickford’s Business RelocationsProfessional Consultations- Our friendly and professional business relocations consultants have the experience and expertise to cater for all your requirements. We’ll listen to you and work in partnership to ensure a successful business relocation for your organisation.

Pre Relocation Planning Assistance- You will be allocated business relocations Project Manager who will work with you to develop a detailed relocation schedule. Nothing is left to chance. From start to finish your business relocation will run like clockwork.

Specialist Business Relocation Staff and Equipment- As the best business relocations company in the industry, you can expect nothing less at every stage of your business relocation.

Professional Packing Systems- Our packing systems, procedures and equipment are a benchmark in the industry, all aimed at ensuring your goods are protected to the highest standards through the duration of the relocation.

Safeguard Computer Protection-Your computers and peripherals are encased in anti-static preformed computer covers or bags and are transported in enclosed computer trolleys.

High Security Storage- Allied Pickford’s safe and secure storage facilities are ideal for short and long term storage when undertaking a business relocation.

Service- We are there when you need us. Reliability and responsive service are what we have built our reputation on.

Experience and Expertise- Leave your business relocation to the experts.

We have experienced and well trained staff who will have your business up and running with minimal disruption in the quickest possible time.

Gary Green can be contacted at Allied Pickfords Business Relocations on 0423806702. visit: www.alliedpickfords.com.au

WEBSITES

by Sam Gupta

Facebook Timeline – story of your life!

What an idea! It is one of those things: you won’t know what you were missing until you see it.

In September, Mark Zuckerberg launched ‘Timeline’ along with social app for music and videos, new facebook profile layout and a bunch of other features.

'Timeline' provides your marketing team a great platform to manage brands. From the time your business was incorporated, to the present date, you can put all about your business on one page.

So what is Timeline? Facebook created a vertical timeline starting from the top, being the present to as far back as you would like to go in the timeline.

From your birth to various milestones of your life, this app really allows you to tell the story of your life on a single page.

You can add photos, videos, events and even other apps to your timeline. Small unimportant updates will auto-hide on the time line and significant ones such as birthday parties, will be more prominent.

You can mark items as ‘featured’ if you like. In simple words, it allows you to express yourself better on your profile page.

'Timeline' is HUGE for businesses, brands and celebrities. It provides your marketing team a great platform to manage brands. From the time your business was incorporated, to the present date, you can put all about your business on one page.

Add corporate or community events your business was involved in, add promotions you run, trade shows you may have attended, change of location, feature awards you may have won, event photos and pretty much any milestones of your business. The possibilities are endless!

Privacy concerns? For personal use, be careful what you make public.

For business pages, it is up to you how you wish to share information with your fans and public. For photos and videos, be sure to take everyone’s consent first.

If you want to find out more about Facebook Timelines, visit www.facebook.com/about/timeline. Let me know what you think of it anyway. Give me a call on 1300 785 230 or send an email to admin@synapseworldwide.com. Have a nice day.

Sam Gupta is the managing director of Synapse Worldwide.

Sam would love to hear your thoughts on this advice column.

Please contact him on 1300 785 230 or admin@synapseworldwide.com

BUSINESS SERVICES

By Tony Lane

The ATO’s new weaponry…delayed!

Last year in this column, I highlighted the introduction of draft Commonwealth legislation designed to give the ATO more power in its recovery efforts against directors of companies that fail to pay employee entitlements, particularly employees’ superannuation entitlements. The measure was aimed at reducing ”phoenix” activity, however in our experience, many companies experiencing transient cash flow difficulties, or inadvertently missing payments, would have been impacted by the proposed laws. This view was reflected in the Senate Committee analysis of the legislation and the measures were ultimately dropped.

Since that time, the Assistant Treasurer, Mark Arbib, announced that revised legislation will be reintroduced to Parliament this year following further public consultation.

Despite this delay, directors of financially troubled SME companies ought not to view this other than as a temporary reprieve. Unpaid superannuation represents an unaddressed gap in the insolvency regime, and unpaid entitlements are often misapplied by directors of failing entities in an attempt to sustain cash flow. The ATO receives in excess of 18,000 complaints each year regarding SME companies failing to pay superannuation for their employees, and liquidators of failed companies commonly identify unpaid superannuation as and indicator of insolvency and grounds to commence insolvent trading claims against directors.

Under the existing provisions of the Superannuation Guarantee (Charge) Act 1992, companies that fail to pay employee superannuation entitlements are liable to pay interest and administrative charges, in addition to the unpaid entitlements. Further, such companies lose the benefit of tax deductibility of those contributions if unpaid or paid late.

Under the proposed extended regime, directors of such companies are potentially personally liable for unpaid and unreported superannuation entitlements. If those amounts are not known or disclosed to the ATO, estimates may be generated for which directors may also become liable. In a final twist, directors and their associates may lose the benefit of PAYG tax deductions made on their behalf when lodging their personal tax returns if those deductions, and/or superannuation, remains unpaid.

Whilst we eagerly await the reintroduction of the revised legislation, directors should be aware that the appointment of an Administrator or Liquidator to the company, after the commencement of recovery proceedings or the expiration of any notice period under existing penalty notices, will not discharge their personal liability. Directors with concerns about their companies’ superannuation and general tax compliance, and their potential personal exposure, should contact my office for an obligation free consultation.

Tony Lane is a senior manager at Kazar Slaven and provides advice to clients in the areas of insolvency, business risk and financial conflict and dispute resolution.

For more information, contact Kazar Slaven, Level 3, 11 National Circuit, Barton.

T: 6215 8405 F: 6215 8450 E: admin@kazarslaven.com.au W: www.kazarslaven.com.au

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CORPORATE GOVERNANCE

by Phil Butler

Tips for tough times

A quick stroll around Civic in Canberra demonstrates the diverse impact of current economic conditions on businesses based in the nation’s capital as well as across Australia.

While we have very low unemployment and a well educated and well-paid workforce, the retail sector continues to do it tough. Many shops are vacant and others are closing down or having “liquidation” sales, and while some of the major shopping centres appear to be doing better, overall the picture is reasonably bleak.

As further evidence of this, according to news reports, department store sales slipped 0.2 per cent and household goods sales slid 1.8 per cent during January, while spending on cafes, restaurants and catering services jumped 6.6 per cent.

Of course, it is not just parts of the retail sector battling confidence concerns. We hear a great deal about the two, or even three-speed, economy.

So what can SMEs do to make 2012 a more profitable year? A few tips from a recent edition of Company Director, the monthly member magazine of the Australian Institute of Company Directors, may assist: Be conservative. Budget for modest growth and manage cash-flow carefully. Businesses should get the basics right and work to position their organisations for when things do improve.

Keep communicating, not just with customers and staff, but also with lenders. As conditions change, for better or for worse, keep your bank informed. This not only shows them that you are “on top of” your business, but also that you see your bank as an integral part of the business.

Understand cost reduction. While cutting expenses may be one of the immediate reactions to tough times, it is critically important that such cuts are done with the long-term in mind. This can only be done by really understanding the key components of the business. There may be processes that can be improved, and while some down-sizing headcount may be required, ensure that it is not to the detriment of the business in the longer run.

Be open to, and take, opportunities. Amidst all of the conservatism, remember that some of the best companies have prospered through difficult times. Keep an eye out for opportunities that may arise.

Be objective. Small business owners are among the most optimistic and driven of all people. They have a dream and act upon it with passion.

The downside of this is that they may not recognise looming problems. If possible, seek out some “independent” advice from your accountant, or an advisory board.

While 2012 may present some real economic challenges, businesses that can be flexible, and are prepared, can take advantage of the opportunities that the Australian economy presents.

Phil Butler is state manager of the Australian Institute of Company Directors’ ACT Division. For more information about AICD ‘s course programs and events, T: 02 6248 5954.

ESTATE PLANNING

The penalties for non-compliance There are significant penalties for breaching your obligations as a trustee of a superannuation fund.

The purpose of superannuation is to save for a nest-egg in a tax effective manner so that you are able to have a reasonable income in your retirement. SMSFs or DIY Super as they are often known are a useful form of super for those who wish to be more active in growing their nest egg. In an SMSF you have greater flexibility and can invest in different types of assets allowing you to “play the market” unlike in an industry or retail fund.

It does not matter if you are the “silent trustee” and just sign what is put in front of you. It also does not matter if you set up the fund to allow funds to be withdrawn by only one trustee.

If one trustee breaches their obligations as trustee then all trustees are also in breach.

But be warned. With great power comes great responsibility.

There are significant penalties for breaching your obligations as a trustee of a superannuation fund. In fact you can in some cases practically wipe out your entire savings. How? Read on.

There is a limit of $25,000.00 per annum of concessional contributions to your superannuation if you are under 50 ($50,000 for the over 50s). That is, money that is paid into your super is taxed at 15%, such as the compulsory employer contributions. Any amount over that is taxed at 31.5%. This is known as your concessional contributions cap.

There is a second contributions cap of $150,000 per annum known as your non-concessional contributions cap. If you exceed that cap your contributions are taxed at 46.5%. That may not sound so bad however these rates are non marginal – they are cumulative. So if you contribute

by Stephen Bourke

Certus Law specialises in superannuation, trusts and estate planning.

Visit Certus Law at Level 5, 28 University Avenue, T: 6268 9090, www.certuslaw.com.au

$150,000 in one year then you will be taxed 15% + 31.5% + 46.5% = 93%!

In other words if you contribute $150,001 then tax of $139,500.93 will need to be paid leaving a contribution of superannuation to your fund that year of $10,500.07.

Sometimes this error can be completely inadvertent, such as an employer paying your superannuation late in the next tax year.

There can also be administrative penalties imposed and this penalty is the responsibility of the trustees. It does not matter if you are the “silent trustee” and just sign what is put in front of you. It also does not matter if you set up the fund to allow funds to be withdrawn by only one trustee. If one trustee breaches their obligations as trustee then all trustees are also in breach.

In a recent case of Shail Superannuation fund and Commissioner of Taxation [2011] AATA 940 the husband trustee fraudulently and without the knowledge and consent of the wife trustee transferred to an account in the husband’s name in Turkey a total of $3,460,000 out of the fund.

The fund therefore became non-compliant and was taxed $1,475,322.50.

This penalty is applied against the fund, not against the Husband’s interest in the fund.

In another example of Vivian (in her capacity as Deputy Federal Commissioner of Taxation) v Fitzgeralds [2007] FCA 1602 the husband trustee was the active trustee and the wife merely signed where she was told to sign. Their company had debts and they were told by their advisors that they could sell SMSF assets to pay their company debts.

That advice was incorrect and the fund was therefore in breach. The fact that their advice was wrong was irrelevant. It was also argued that as the wife was less culpable than the husband she should not be penalised.

The court took the view that the wife still had an obligation and responsibility as a trustee. The Husband was penalised $20,000 and the wife $10,000 for breaching their trustee duties.

MARKETING

by Mary Curran

TALENT SERVICES

Nurture your brand nurture your workforce

They say it's the clothes that maketh the man, well in the same way you could argue that it's the uniform that maketh the brand. Way before logos existed people were identifying themselves through clothing, be it for cultural, socio economic or practical reasons.

Clothing is powerful and it is personal. It creates a culture within your business and an emotional reaction with your client base.

Reinforcing your corporate values through clothing can be the icing on the cake of your message.

When most people think of uniforms they think of school or the military however uniforms offer a unique opportunity for a business or organisation to express their corporate values. Branded clothing will enhance your relationship with both your employees, clients and the public alike.

After all who do you tell your kids to look for if they are lost...that friendly policeman or woman.

Clothing is powerful and it is personal. It creates a culture within your business and an emotional reaction with your client base. Reinforcing your corporate values through clothing can be the icing on the cake of your message.

We are what we wear, particularly when it comes to business. We all remember shrieking when flares, oops, boot leg jeans, came back in and exposed midriffs, a muffin top never looked so unappetising! The reality is people respond to the non verbal conversation of what you are wearing long before a word is uttered. From the lawyer in the tailored charcoal suit to the doctor in the white coat or the construction worker in hi vis. Your businesses uniform decides what potential clients think of you.

Uniforms more than any other type of branding can create value just by wearing them. They assist your staff who no longer have to decide what to wear in the morning , they strike fear in the hearts of a sporting teams competitors. And let's not forget the obvious benefit of a tax deduction for your business.

In the use of clothing you can nurture and control your business brand and indeed its image more than in any other way. If you shy away from any other form of promotional item you should embrace the uniform.

I mean we all love a man in uniform - right!

Mary Curran is the business & brand manager at Brandnet.

P 02 6123 2990 F 02 6280 9966 W www.brandnet.com.au E mary.curran@brandnet.com.au

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by Keith Cantlie

Skilled professionals – where are they?

Some of my team recently travelled to London, Manchester and Dublin to attend career expo’s and to meet with a range of industry specialists. These events confirmed our existing research that Canberra is an attractive destination for skilled professionals. Unfortunately or fortunately for us, the downturn in employment in these markets has prompted highly talented individuals to look globally for career opportunities where they can apply their skills, build on their career and achieve a better lifestyle.

Although, here in the ACT we have a strong economy, it is a key consideration for the Canberra region about how we retain key talent.

Whilst this might all sound like excellent news, the challenge for Canberra is to ensure we attract the right types of professionals to our region; professionals who will have a long term future in our region and support the talent needs of our future. For example our visit to Dublin, Ireland was an eye opener to say the least; over 20,000 people attended the “Careers Abroad” expo over two days all looking to move to a new country. Given the economic situation in Ireland, many of these individuals were simply looking for work rather than making a strategic career move. Although, here in the ACT we have a strong economy, it is a key consideration for the Canberra region about how we retain key talent. Whilst some areas of business are desperate for the right skilled professionals, in others there have been cut. It is critical that as a Territory and a region we work towards understanding the skill requirements for the future; we certainly don’t want to lose any of the highly skilled professionals to other parts of Australia or even other parts of the world.

We now have an opportunity to take stock of the expertise we already have in this region to ensure we keep skilled individuals committed to working in the region and continue to bolster and grow Canberra’s talent pool. If we are to meet the future needs of this Region we must continue to conduct rigorous analysis of our future workforce needs, be creative in our attraction strategies and continue to enhance how we promote the diverse range of career opportunities available across all industry sectors of Canberra and the surrounding region.

To find out more about how we are working to identify and source talented individuals contact me on 02 6239 7755.

Keith Cantlie, Managing Director Corner Flinders Way and Murray Crescent, Manuka ACT 2603 T: 02 6239 7755 | keith@cantlierecruitment.com.au

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STRATEGIC FINANCIAL ADVICE

Is it time to take control of your superannuation?

We look at one particular strategy that can help the diversity and growth of your retirement savings by borrowing to invest via a DIY super fund.

Superannuation is an important way to save for your retirement.

No matter how old you are or what stage you’re at in your working life, you need to ensure you have a solid plan in place to achieve your retirement goals.

Superannuation is very attractive due to its high tax effectiveness, which can improve your ability to accumulate wealth. Currently, all super investments are taxed at 15%. This is designed to encourage long-term investment and financial independence in retirement. In addition, individuals aged 60 and over are now able to withdraw their money from superannuation tax free, making it an attractive option to fund retirement.

In this article, we look at one particular strategy that can help the diversity and growth of your retirement savings by borrowing to invest via a DIY super fund.

Can a DIY super fund borrow to invest?

Generally, the trustee of a DIY super fund can borrow to purchase any type of asset that they would legally be able to acquire (eg shares, commercial or residential property), as long as the arrangement is in line with the fund’s own investment strategy. However, due to the higher risk of gearing in general, the Government has put a number of rules in place regarding DIY super funds and borrowing. These include restricting the way in which acquired assets are held and only allowing borrowing where the lender has limited rights in reclaiming the asset should the DIY super fund default on the loan. These rules help to minimise risks for the DIY super fund, so that it can grow and be preserved for retirement.

Hoes does it work?

Let look at a practical example of how this works. Matthew has $300,000 in his self managed super fund (SMSF) cash account. These funds are used to acquire a residential property from an arm’s length third party for $600,000, by borrowing an additional $300,000. As a result of this arrangement, a separate trust becomes the legal owner and

by Sara Caggiano

Sara Caggiano is a Senior Financial Consultant at Perpetual Private Level 6, 10 Rudd Street Canberra P: 6243 6507 | www.perpetual.com.au

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the SMSF the beneficial owner, of the residential property. The SMSF now has the opportunity to acquire legal ownership of the property by making payments on the loan.

The SMSF is entitled to all of the rental income and any realised capital gains relating to the property, effectively allowing Matthew to increase his investment in the superannuation environment and purchase a residential property, which he could not have done without the loan.

Note: If the asset was business property, it could even have been acquired from a related party.

What are some advantages of a DIY super fund borrowing to invest?

The key advantages relate to the tax efficiency of the super structure. In most cases, the DIY super fund is entitled to a tax deduction for interest costs, which can help to offset loan repayments, while all income and realised capital gains from the asset will be concessionally taxed within the DIY super fund. This means that if the asset is held until pensionphase, under the current laws, any income derived from the asset will be tax-free to the DIY super fund and no capital gains tax will be payable when sold.

Further, if a member makes concessional contributions to meet the loan repayments, these contributions are taxed at a maximum rate of 15% within the DIY super fund. If the same asset was acquired personally, loan repayments would be made from after-tax income which could be taxed at a rate of up to 46.5%.

What are the other issues to consider?

We have only touched on some aspects of borrowing in DIY super funds in this article. As the there are many other things to consider such as taxation, compliance and strategy, we recommend you seek advice.

Perpetual Private advice and services are provided by Perpetual Trustee Company Limited (PTCo), ABN 42 000 001 007, AFSL 236643. This article has been prepared by PTCo and is dated March 2012. It contains general information only and is not intended to provide you with advice or take into account your objectives, financial situation or needs. You should consider whether the information is suitable for your circumstances, we recommend that you seek professional financial, tax and/or legal advice.

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What is the future for boards, governance and leadership?

Monday 14 May 2012 – Hotel Realm, Canberra 12.00pm to 2.00pm

Register now w:companydirectors.com.au t:02 6248 5954 e:act@companydirectors.com.au Supported by

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Join James Strong AO FAICD, Chairman of Woolworths Ltd and Kathmandu Holdings Ltd, and a Director of Qantas Ltd as he discusses current topics and issues of interest relating to boards, governance and leadership with his thoughts on future directions.

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A S S O C I AT I O N S T O B U S I N E S S

A2B

ACT Exporters’ Network — a new direction in 2012

T

he ACT Exporter’s Network has been instrumental in building the strength of our exporters over the past decade. We are proud to support our current and future exporters and, through that activity, help drive growth in employment and economic activity in the ACT. In 2012, the Network’s focus will be on extending its role as a focal point for export capability development in the ACT and facilitating, managing and supporting the export maturity cycle for ACT organisations. Through the Network, potential exporters will be able to develop their capabilities, products, and strategies to position themselves for export success. The Network through its Manager, will provide the “glue” that pulls together the variety of resources, training, knowledge, expertise and services together so that organisations can gain access to the right services and information to match their development path.

By assisting organisations through a consistent, proven development path, the Network will bring them to a point where they are ready for key government programs, such as the Selling to US Government program, as well as other pilot programs and trade missions. By providing a path to these programs, and ensuring that organisations are ready for them, it is much more likely that the programs will achieve the outcomes that the Government desires – growth in export.

In late February we were pleased to welcome Craig Malcolm as our new Export Development Manager and Manager of the Exporters’ Network.

Craig has been involved in international business for the last 20 years, initially through licensing electronics technology and sourcing products and components from around the world and then selling these components and completed products to a global network of licensees.

For seven of the last eight years he was engaged as an Export Adviser delivering the Austrade Tradestart program in Melbourne, assisting over 300 potential or existing exporters, with many achieving export success to a number of countries. Although a specialist in advanced manufacturing, he has extensive experience working with various industries, including food, ICT, agribusiness and business services sectors. He has also lived and worked

BRENT J U R AT O W I T C H

PRESIDENT, ACT EXPORTERS’ NETWORK

Craig Malcolm

overseas and have travelled extensively throughout Asia as well as the USA, UAE, New Zealand and the UK. During this time, he developed and delivered a number of workshops and training sessions for both manufacturers and service providers to assist companies in increasing their knowledge of working in an international market place.

Craig has the international experience and skill in nurturing the growth of new exporters to enable him to implement the Network’s strategy.

His immediate focus will be to get out and meet as many ACT exporters as possible; to introduce himself and the Network to the many allies and export service providers in the ACT, and to bring Network members up-to-date with recent export developments.

He will continue to build on the solid foundations laid by his predecessors in developing and coordinating the many activities of the Network, including organising exporter networking events and delivering workshops aimed at improving the knowledge and capability of our exporters.

Being able to share experiences, share knowledge and encourage each other in their exporting journey, while drawing on assistance from those that provide support for exporters, is what the ACT Exporters’ Network is all about. If you would like to be involved in our events, or find out more about the Network, please visit our website (www.actexportersnetwork. com.au) or contact Craig at craig.malcolm@ canberrabusinesscouncil.com.au or on 0438 808 233.

For more information on the ACT Exporters’ Network visit actexportersnetwork.com, or contact the Network’s manager, Craig Malcolm, on 0438 808 233, Craig.Malcolm@ canberrabusinesscouncil.com.au.

The ACT Exporters’ Network is proudly sponsored by the ACT Government, Canberra Business Council, the Centre for Customs & Excise Studies and AusIndustry.

A2B

A S S O C I AT I O N S T O B U S I N E S S

ACT Government needs to send a clear message that the ACT is open for business CHRIS FA U L K S

CEO Canberra Business Council

AFFILIATED WITH

UPCOMING EVENTS 9 May 2012 Federal Budget Breakfast TIME: 7:30am VENUE: Parliament House 14 May 2012 Canberra Times Business Luncheon SPEAKER: James Strong, Chair, Board of Directors of Woolworths TIME: 12:30pm VENUE: Hotel Realm 6 June 2012 Budget Breakfast TIME: 7:00am VENUE: National Press Club Save the Date ACT Election Debate: 12 September 2012 CBC Annual Dinner: 18 October 2012

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C

anberra Business Council has outlined its ideas for a business development strategy for Canberra and the surrounding region in its response to a recent ACT Government discussion paper.

The overarching theme is that the ACT Government and business, together, need to send a strong message to the rest of Australia and the world that Canberra is Open for Business.

The Council’s submission focuses on: 1. building on the Canberra region’s competitive advantages while minimising our disadvantages 2. ensuring that Governments create the right environment for business to flourish but otherwise practice a hands-off approach and allow entrepreneurial vision and innovation to be the basis for success 3. encouraging governments to invest in enabling infrastructure 4. building a more diversified economy.

One of the main thrusts of the Council’s submission is that the role of Government is to promote Canberra as pro-business and ensure a business-friendly environment through strong policy settings, efficient regulation and effective programs and services.

The Council warned the ACT Government’s role does not include providing business with a substitute revenue stream or second-guessing, protecting or underwriting the role of the entrepreneur.

Instead the ACT Government should focus on the policy settings, including taxation, regulation and red tape regimes, that will give it a competitive advantage in relation to other jurisdictions and send a strong message that the ACT is “open for business”.

Some of the other specific initiatives the Council has advocated in its submission are infrastructure investment, improvements in education and training, and funding for ICT and tourism.

The three major investments in infrastructure the Council wants to see are the construction of a world-class conference centre in Canberra; a High Speed Rail link between Canberra, Sydney and

Newcastle and the regional centres on this corridor; and the further development of Canberra Airport as an international passenger and airfreight hub.

Canberra Business Council believes these types of enabling infrastructure will provide multiple benefits to the region. In particular, they will underpin growth in tourism and population, access to markets and employees, associated growth in the numbers of local businesses and a much-needed diversification of our economy.

As an example of the potential to leverage off our distinctive competitive advantages, many Canberra-based businesses were established in response to an identified need within the public sector and they have subsequently developed world-class expertise in providing goods and services to government agencies. Canberra Business Council believes more could be done to identify and support these local companies to export these goods and services to governments in other countries such as the USA, China, India and the Middle East.

Some of our other recommendations include strengthening the education and training sector, funding research and innovation including an ICT Development Program, reducing business red tape, and reviewing the ACT taxation system to identify and remove any disincentives for business.

All of these suggestions are designed to create a Canberra region that is attractive to business – both to locate here but also to grow and succeed.

The Council’s final is that if the ACT Government is going to make decisions about business development it must do so in partnership with all relevant stakeholders. It must work with the business and research/teaching sectors if it wants to identify and implement initiatives that will truly develop and grow business in Canberra.

A full copy of the Canberra Business Council’s submission ‘CBC Response to ACT Government Business Development Invitation to Comment’ is available at www.canberrabusinesscouncil.com.au T 6247 4199 E info@canberrabusinesscouncil.com.au www.canberrabusinesscouncil.com.au

Principal Members ACTEW Corporation, ActewAGL, Blue Star Printing, Brookfield Multiplex Services, Cre8ive, Canberra International Airport, Elite Sound & Lighting, eWAY, Hindmarsh, ISIS, KPMG (Canberra), Master Builders Association (ACT), National Australia Bank Limited, National Museum of Australia, PricewaterhouseCoopers, Staging Connections (ACT), The Village Building Company, Thyssen Krupp Marine Systems Australia, Toshiba (Australia) Pty Limited, TransACT B 2 b I n C a n b e rra

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A S S O C I AT I O N S T O B U S I N E S S

Love your local VET

JO POWeLL

EDUCATION AND TRAINING ADVISER

Since 1996, the Australian Government has reinvigorated vocational education and training (VET) – with record numbers of people, in training and in Australian Apprenticeships and significant progress made towards developing a high quality, truly national system.

More than 1.7 million students or about 13 per cent of the working age population take part in vocational education and training each year, with increasing participation by Indigenous Australians, and people in rural and remote areas.

In its tenth year, the ETA program continues to foster a better understanding of VET amongst employers, thereby enabling and encouraging broader take up of nationally accredited training. Within the ACT & Region Chamber of Commerce & Industry, the ETA program provides an essential link between industry and the complex VET environment to optimise vocational skills development outcomes.

Corporate Sponsors ACTEWAGL, 104.7 / Mix 106.3, Prime TV, The Canberra Times, The Good Guys Tuggeranong, Duesburys Nexia, Synapse Worldwide, B2B in Canberra.

Associates and Affiliates Retail Traders Association, Australian Industry Defence Network

The Australian Government takes a lead role in promoting a post-school education and training system that is nationally consistent and coherent; responsive to individual, industry and community needs; and recognised as providing quality outcomes.

To achieve this, the Australian Government works with state and territory governments, education and training providers, and industry.

One such project funded by the Department of Industries, Innovation, Science, Research and Tertiary Education is the Education and Training Advisers (ETA) program.

Education and Training Advisers The ETA network is a joint initiative of the National Farmers’ Federation, the Australian

Foundation Member Australian Chamber of Commerce & Industry

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Chamber of Commerce and Industry, and the Australian Industry Group. In its tenth year, the ETA program continues to foster a better understanding of VET amongst employers, thereby enabling and encouraging broader take up of nationally accredited training.

Within the ACT & Region Chamber of Commerce & Industry, the ETA program provides an essential link between industry and the complex VET environment to optimise vocational skills development outcomes.

The work undertaken by the ETA is necessarily dynamic, full advantage being taken of their parent networks’ relationships with industry to ensure that the support provided satisfies real business needs.

Features for employers include: • Access to the latest advice and information on Training Packages • Advice on the Australian Apprenticeship system (Apprenticeships and Traineeships) • Information on Competency Based Training and its use in the workplace • Assistance in sourcing quality training providers • Advice on government funding, incentives and subsidies available for training • Explanation of the role of all stakeholders (including Government, Australian Apprenticeship Centres, Job Network and Registered Training Organisations.

The ETA is involved in several other initiatives in the ACT. For example, the ETA supports the ACT Education and Training Directorate with the production of the Canberra Careers Market, Try’a Trade and WorldSkills and more recently the ACT & Region Indigenous Expo, which was held in March 2012.

For more information on the ACT and Region Chamber of Commerce and Industry Education Training Adviser program and how to be involved in any of these initiatives, please contact Jo Powell, Education and Training Adviser on (02) 6283 5200 or jo.powell@actchamber.com.au

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Over 100 of Cantlie’s clients gathered at the National Portrait Gallery to celebrate the achievements of Cantlie over the past decade and to launch Cantlie’s new look and logo.

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B2B @ AICD TWILIGHT NETWORKING ALTO RESTAURANT

A great twilight network evening was had by all high above Canberra at the at the fabulous Alto Restaurant.

B2B @ TESTIMONIAL DINNER FOR FORMER CHIEF MINISTER JON STANHOPE HYATT HOTEL

Canberrans came together to recoginse the contribution of Jon Stanhope to the community over his time as ACT Chief Minister.

B2B @ ICCA GRADUATES EVENT RYDGES HOTEL

A great opportunity for accounting graduates to meet representatives from potential employers and to network with their peers and fellow members of the ICAA.

B2B @ ENERGY NETWORKING ROYAL CANBERRA GOLF CLUB

Thank you to ENERGY for inviting B2B editor, Tim Benson, to address the group at one of their their regular ealy morning meetings at the Royal Canberra Golf Club.

CANBERRA BENSON’S @ PETER BENSON’S 70TH BIRTHDAY ALTO RESTAURANT

B2B @ CHAMBER AFTER DARK LEXUS LEXUS CANBERRA

Chamber members attended an exclusive opportunity to view the new 2012 GS model and the opening of Lexus of Canberra’s new service department.

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