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READ ALL ABOUT LEADERS IN THE PROPERTY INDUSTRY B2B Property is bursting with information about the property industry
INTERESTED IN STARTING A BUSINESS IN 2013? Read B2B's advice columns - everything from accounting to training b2bincanberra.com.au
DECEMBER 2012
78
WHAT DO
YOU LIKE
ABOUT CANBERRA? FGD EXPANDS TO MELBOURNE Find out why they do family law better than the rest
HORIZONONE MAKE THE BRW TOP 100
13 THINGS TO DO BEFORE 2013
Read about the successes of this growing company
RSM Bird Cameron have prepared the list $4.95 inc. GST $4.95 inc. GST ISSN 1833-8232 01
9 771833 823005
Kick-start
with B2B B2B, Canberra’s premier business publication is starting 2013 with a bang through our combined January and February issue. Advertising in B2B gives you a gateway to Canberra’s bustling business community and gets your business into every government department. Hurry space is filling up fast, contact us to avoid disappointment Contact Tim Benson for further information tim.benson@b2bincanberra.com.au | 0402 900 402 or 6161 2751
CONTENTS B2B EDITORIAL
The end of the year is nigh The end of the year, Christmas, holiday period – summer. Take your pick. It’s nearly here. I find the end of the year is a great time to take a breath, slow down and accept that maybe you aren’t going to achieve everything you said you would last year. But ‘hey’ you TIM did achieve 80 per cent, and that’s BENSON 100 per cent more than you would Editor have if you didn’t set yourself some goals this time last year. So why not take a minute and look at what you have achieved in the last year. Of course the first thing to do is tick off ‘Still in business’. This in itself is a major achievement. Then work on through your list. Most micro and small businesses achieve many small and major goals in a single year but don’t have the time or resources to celebrate these achievements. So make a list and stick it on the wall, whiteboard, fridge or choice of electronic device. Have a good look at the list and celebrate your successes. Congratulations to you all. Without your efforts we would not have the Australian society and quality of life that we do today. Of course the end of the year is also an opportunity to think of those that are not as fortunate as others and to make the choice to give support where you can. Like Canberra? In this B2B issue we have decided to promote the Like Canberra campaign that is running in the lead up to Canberra’s Centenary celebrations in 2013. This campaign is based around a poll of what Canberrans like about their city. The top 100 likes will then be used to promote our Capital City to Australia and the world. Believe me there are plenty of things to like about Canberra. Those of us that live here know what they are and value living in Australia’s most cosmopolitan city. The biggest job for the Centenary of Canberra and all the clever marketers is to get this message out to the rest of Australia and the world and have this start to show up in domestic and international business and tourism statistics. Finally, B2B is looking forward to a big 2013. We will be unveiling some new innovations and developments early in the New Year. Stay Send safe and enjoy some time with family and friends. all comments to editorial@b2bincanberra.com.au
WHAT DO
YOU LIKE
ABOUT CANBERRA? 18 COVER STORY
I DOnT LIKE CanBERRa I LOVE IT
OPINION 14 Farrar Gesini & Dunn are expanding to Melbourne! FEATURES 16 When IT failure is not an option – OPC IT 20 Award winning recruitment specialists- HorizonOne 23 MYSKILLSmanger – revolutionising the training and recruitment industries
Register today for our upcoming events 12 December 2012
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CONTENTS
COVER STORY 18 I don't like Canberra, I love it! What do you like about Canberra?
08
27 ADVICE FROM THE EXPERTS 28 ACCOUNTING 13 things business owners should do before 2013 By RSM Bird Cameron BOOKKEEPING Think you can afford not to outsource your bookkeeping? By Peter Vickers Bookkeeping 29 BUSINESS LAW Landlords, commercial fit-outs and the PPSA By Elringtons Lawyers
16
CORPORATE GOVERNANCE The Importance of the NFP Sector By Australian Institute of Company Directors 30 ESTATE PLANNING The importance of a binding death benefit nomination By Certus Law HEALTH Eating out: What's the catch? By Healthy Identity
20
31 RECRUITMENT Recruitment market – the state of play in Canberra By PCA People
A2B: ASSOCIATIONS TO BUSINESS 32 CANBERRA BUSINESS COUNCIL: 2012 - a year in review 33 ACT EXPORTERS: Opportunities for ACT exporters in Indonesia 34 ACT & REGION CHAMBER OF COMMERCE & INDUSTRY: Canberra’s Construction Industry Benefits from Training Partnership BUSINESS NETWORKING 06 B2B @ Papercut 5th Birthday Party 07 B2B @ Canberra Business Council Connect 08 B2B @ CSCC Melbourne Cup Lunch 09 B2B @ Schiavello Melbourne Cup Lunch 10 B2B @ ACT Chamber Business After Business 12 B2B @ IKEN launch of ACTIU Furniture 37 PROPERTY 38 STRATA COMMUNITY AUSTRALIA Learn about SCA in the ACT 40 BENDIGO BANK Why Doesn’t Government bank with the Community Bank? Better still... How could that fix affordable housing? 41 FLOORCOVERINGS TECHNOLOGIES GROUP Integrated services - lowering your total flooring costs 42 BRINDABELLA BUSINESS BROKERS Should I wait until February 2013 to sell my business? 45 WORK SAFETY Construction and beyond
45 PUBLISHER I EDITOR
ISSN 1833-8232 LEGAL NOTICE
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Tim Benson editorial@b2bincanberra.com.au 0402 900 402 02 6161 2751
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Premium Lounge Indulge in Canberra’s most luxurious cinema Luxurious reclining seats | Priority ticketing service | Seasonal wine list and delicious range of gourmet meals | Personal waiter service and in cinema dining | Exclusive use of the Premium Bar and Lounge Advance bookings are highly recommended. Visit www.dendy.com.au or book at the box office. Dendy Premium Lounge is a licensed venue. Guests under the age of 18 are required to be accompanied at all times by a parent or legal guardian.
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Are you looking for a business advisor not just a tax agent?
90 years and here to stay At RSM Bird Cameron, we don’t just talk to our clients at tax time. We help you navigate and plan the future of your business and personal wealth throughout the year. Cost-effective and prompt in service, we care for our clients’ affairs like they are our own. Whether you are looking to expand the business to new markets, explore R&D tax incentives or better understand how the new carbon tax will affect you, we can connect you with the right advice.
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Connected for Success 02 6247 5988 Level 1, 103-105 Northbourne Avenue, Canberra ACT 2601
ASSURANCE | BUSINESS ADVISORY | CORPORATE FINANCE | FINANCIAL SERVICES | RISK ADVISORY | TAX | TURNAROUND & INSOLVENCY
OPINION
We’re Expanding … to Melbourne By Juliette Ford, Director, Farrar Gesini Dunn
W
e love Canberra and we’re proud of the work that we do here. We love this city and we’re glad to be a part of the community here- but we also love to travel. It’s now time for us to branch out and open an office interstate. Food. Coffee. Trams. Shopping. Gangland wars. AFL (and sport in general). Bad weather. It could only be one place… Melbourne. Now we’re adding one more thing to the list – Farrar Gesini Dunn.
us than with anyone else in Melbourne for a few reasons: We’re top dogs. We do some of the best work in Australia. There are some great firms in Melbourne that have been around for a long time. We match them in terms of knowledge, expertise, experience, and quality – easily. We’re not like the others. We do things differently – we are at the forefront of innovation in family law, whether in terms of changes in the law, improvements in client services or new ways of approaching things to If you have colleagues or friends get the most out of every situation for every who want an expert family lawyer client. We collaborate. Collaboration is taking to refer their clients to – let us know off in Melbourne and we’re helping to lead and we’ll take them out to lunch. the charge. We don’t just put it on our We opened in June to a small amount website, or use it as marketing to get clients of fanfare. Since then we’ve been steadily in – we believe in it, we do it and we do it growing. We’ve been around as a firm for a because we think that it really is the best long time now but we’re new to Melbourne option for clients. so we’re focusing on connections and building We see time differently. There are firms relationships there. We’re there for the long in Melbourne who have moved to fixed fees haul – so we want to make friends there too. for all matters. We think that’s great – but we Do you know anyone in Melbourne who also know that not all clients want that. So would benefit from our help? Tell them to we talk about fees upfront and let our clients give us a call. We think they’re better off with choose how we charge.
We find solutions that fit. We don’t have a one size fits all approach to anything. We listen to the client and we deal with their case in the way that suits them, not in the way that suits us. What does that mean for you? If you have clients in Melbourne who you don’t want to be destroyed by a separation – send them our way. If you have colleagues or friends who want an expert family lawyer to refer their clients to – let us know and we’ll take them out to lunch. If you have clients with connections to Melbourne – family or property here – we’ve found it’s really useful having a presence here to get things done in a way that is efficient, and effective. But most of all we’d love for you to visit us. There’s a great place to go just down the street.. For Family Law Advice contact 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
Photo by Kate Patrick
Andrew Crockett, Legal Aid (ACT) CEO and Brett Norton, OPC Managing Director
MISSION CRITICAL where IT failure is NOT an option!
T
he Legal Aid Commission (ACT) is an independent statutory authority whose role is to help people living in the ACT who have difficulty accessing private legal advice and services. Apart from its clients, the Commission’s stakeholders include its funders (Commonwealth & ACT Governments) the private legal professional, courts, tribunals and other justice agencies in the ACT. Anyone can call the Commission for assistance, anytime. A key component in delivering the Commission’s charter is Information Technology. It is critical to the Commission that it has in place a reliable and cost efficient ICT infrastructure. In 2009 the Commission approached OPC to conduct a full audit of its systems and processes and to provide a total ICT solution after unplanned outages severely impacted core business service delivery. As the Commission’s Business Manager John McManus points out:
that were impacting on the reliability of the internal systems and an action plan was developed that • provided a consistently stable and reliable network and server infrastructure that was resistant to failure; • was modern, scalable and flexible and geared to take advantage of new technologies; • renewed confidence in the Commission’s ICT systems • promoted the professional delivery of ICT services through process and measurement. For organisations like the Commission, a wide range of services and expertise is required to effectively manage services as they simply do not have the financial resources to employ all the specialist skills needed to keep systems fully operational 24/7, 365 days of the year. The Commission’s CEO, Andrew Crockett, says that:
“Commission clients often require legal services... at short notice. The courts do not wait because ICT systems do not work. It’s important that our systems are well maintained and constantly available.”
“OPC has made a big difference to the Commission’s operations over the past three years by improving the reliability and dependability of the Commission’s ICT infrastructure.”
Working in partnership with the Commission OPC identified the key areas
OPC project managed and executed a full relocation and has worked alongside them to develop and refine key policies such as:
• • • • • •
ICT Governance and Management Change Management ICT Security User Management Social Media Usage Acceptable Use of the Internet and Email, and • Mobile Device Management “Legal Aid Commission is one of our most important and enduring partnerships. The Commission provides a vital service to the community and we are delighted to be responsible for their ICT support through Managed Services.”
Brett Norton, Managing Director OPC IT Contact Legal Aid 1300 654 314 OPC IT Pty Ltd. 31-37 Townshend Street, Phillip ACT 2606 P: 02 6162 8300 F: 02 6282 6558 www.opc.com.au
Local Connections Fresh perspective from advisors who understand local business.
Connected for Success. 02 6247 5988 Level 1, 103-105 Northbourne Avenue Canberra ACT 2601
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F E AT U R E
C
anberrans know what we ‘like’ about Canberra. But it is up to us to tell the rest of the nation and international visitors why it is such a great place. I have for a long time wondered why so many Australians don’t ‘like’ Canberra. The easy answer is to say it is because they are bombarded by the media with ‘Canberra today announced new taxes …’ and ‘Canberra today something else negative …’. But, on the contrary, I believe that all of these mentions are positive for Canberra and reinforce that fact that Canberra is the nations capital. No I believe many Australians bag Canberra because it is such a great place to live and work (it is a pretty Australian thing to do to knock people, and places, down to size). When you think about it we can’t boast a beautiful harbour, an enormous reef, tropical rainforests or great sandy deserts. The things we ‘like’ are the public service, great schools, good roads, no traffic, a safe community and a good health system. This is what Canberrans ‘like’ about our city. All a bit boring if you a looking for a place to visit in the holidays or if you are an international tourist. Of course if you aren’t a local then there are some pretty amazing reasons to visit Canberra and the region. Such as Great annual festivals, including: Floriade and the Multicultural Festival (unfortunately no jazz festival). National institutions such as: the National Gallery of Australia, New Parliament House and the Australian War Museum. We also have more restaurants per head of capita than any other city in Australia and a great local wine industry.
Below are some of the things I ‘like’ about Canberra: • Great place to live and work • Best education system in the country • Highest per capita of Universities of any city in Australia • Most cultured community in terms of patronage • It is a safe community • Good roads • Can go from one side to the other in 20 minutes • Highest per capita incomes • Strong house prices • All of the diplomats • Australian Public Service • Federal and local politicians • New Parliament House • National Gallery of Australia • National Portrait Gallery We are privileged to live in Canberra – the Bush Capital. It is a great place to live, work and bring up a family. We are a tolerant, well-educated and safe community. I’m really looking forward to celebrating Canberra’s Centenary next year. I will be doing this through B2B as a Celebration Supporter, as a musician in Canberra’s best big band, Spectrum Big Band – and by attending many of the sporting and cultural events during Canberra’s Centenary in 2013. B2B magazine is getting behind the campaign and sending a call out to all our readers in Canberra to email, Facebook and Tweet what you ‘like’ about Canberra into the Centenary of Canberra ‘crew’ (see big ad next door for details).
WHAT DO
YOU LIKE
ABOUT CANBERRA? As we approach our 100th birthday we want to have a conversation about the things that Canberrans like about Canberra. We want to know what you like the most about our city.
Z00 47958
Go to likecanberra.com.au, facebook.com/LIKECANBERRA or tweet using the hashtag #likecanberra
F E AT U R E
And the winner is
HorizonOne Recruitment
CANBERRA LOVES TO SEE A LOCAL BUSINESS DO WELL, AND LAST MONTH SAW ACTBASED RECRUITMENT CONSULTANCY HORIZONONE SUCCEED ON A NATIONAL LEVEL – BOTH WITHIN THEIR INDUSTRY AND WITHIN THE GENERAL BUSINESS ARENA.
H
orizonOne was named ‘Best Start-Up’ for 2012 at the National Recruitment Excellence Awards (REAs) at a 200+ black tie dinner at Doltone House on Darling Harbour. “To have the whole team present for the REA win – it was fantastic. As we are a values-driven company, an integral part of our values is the importance we place on our team.” (David Harrington, Director & General Manager) Happy just to make the list of four finalists, HorizonOne triumphed based on the decision of a panel of 7 expert judges, who looked at the following criteria:
20
D E C E M B E R 2 0 12
• Strategic planning and corporate governance • Expertise and progressive values • Implementation and evidence of goals achieved • Growth and financial performance Earlier that week, HorizonOne were also recognised for their business acumen by BRW – placing number 50 in the ‘Fast 100’ companies list. “It was incredibly satisfying to be placed in the Fast 100 – but even more rewarding to be named as Best Start-Up in front of our industry peers. We firmly believe the industry needs to dramatically raise its
B 2 b I n C a n berr a
standards, stop ‘selling’ to their clients and candidates, and partner with them in a truly consultative manner. To achieve these results only four and a half years into our business and during tough economic conditions is recognition that we are on the right path.” (Simon Cox, Principal Consultant & Founding Director of HorizonOne) HorizonOne is a specialist recruitment consulting service located in Torrens Street, Braddon. Visit them at www.horizonone.com. au and follow them on Facebook and Twitter. 27 Torrens Street, Braddon ACT 2612 T: (02) 6108 4878 w: horizonone.com.au
LOGO: PRIMARY
(WITH TAGLINE)
The Centenary 100 logo must appear in its official format as demonstrated below. The logo should be kept in its original proportions. The primary logo with tagline is the preferred option and should appear in one solid colour; blue, yellow, mono or reversed. The 2 colour logo should only be used if there is a need to add more colour or dynamics as a secondary application.
B2B is proud to be a celebration supporter of the Centenary of Canberra
1
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F E AT U R E
MYSKILLS
manager
set to revolutionise the training, recruitment industries and the practice of skills management and employee engagement. Words by Tim Benson | Photos by Andrew Sikorski
T David Greentree
here is a revolution coming in skills management and, founder and developer of MYSKILLSmanager, David Greentree is leading the charge. And like most revolutions the planning and development of this change has come from decades of learning and experience – but when it hits over the next six months, it will fundamentally change the way we, locally, nationally and internationally, look at skills development and management. So what is this revolutionary concept that will assist individuals, business and government to improve workplace performance and productivity? Well, after nearly 50 years of experience of learning on the job and developing national skills and industry training packages, David Greentree is set to launch MYSKILLSmanager to the world. The basic premise for MYSKILLSmanager came from David’s observations that up to 80 per cent of learning and skills acquisition is taking place in the workplace – leaving only 20 per of workplace skills being acquired through external programs.
F E AT U R E
With MYSKILLSmanager employers can convert their current job requirements into a job profile that evaluates a positions competencies based on 17 unique skills. These skills are 1
Communication
2
Reading
3
Writing
4
Numeracy
5
Planning and organising
6
Problem solving
7
Sales and customer service
8
Teamwork
9
Initiative and enterprise
10
Self-management
11
Green skills
12
Managing people and performance
13
Project coordination and management
14
Facilitation
15
Financial planning and cost control
16
Digital technology
17
Technology/equipment/machinery
A job seeker can be directed to an online system where they can profile their personal skill and then submit them to a potential employer. “This enables the recruitment process to focus on matching workplace skills to job requirements,” David said. Once the person is employed MYSKILLSmanager can then be used to track, and give a value to, all learning experience, performance reviews and personal development. MYSKILLSmanager enables the employee to understand the performance expectations placed up on them because there is a systemised, relative skills framework underpinning all of the reporting. “There is nothing like this product on the market today. There are products out there that do personality profiling and look at suitability for jobs but there is nothing that carries through from the recruitment process into the workplace,” David stated. MYSKILLSmanager can either replace current practices in the recruitment process or be used, in addition to, to enhance current processes by better targeting skill levels to jobs. MYSKILLSmanager
MYSKILLSmanager is an online subscription based application that enables people to create job profiles, individual skill profiles and training profiles, based on 17 skills and the option of five levels of performance
Job profiles
This profile breaks down the skills required to perform a job into the 17 skill areas. Assigns a rating out of five for each of the seventeen skills and aligns it to an equivalent qualification level. Skill profiles
This profile evaluates the current skills of an individual against the 17 skill areas – with the option for additional verification from a third party. Training profile
This profile sets the particular skills required in the workplace to perform particular jobs and can be used to recommend additional training to meet those requirements. Each of the three profiles have two levels of reporting generated from the skills selection. A standard report consists of the definitions aligned to the skills that the individual has selected. And a detailed report that consists of two aspects of each skill providing more detailed information about the requirements for the skill performance. “We also offer the option to customise each aspect from the detailed report to reflect an organisational context and we can also include a knowledge base that enables people to enter relevant skill development training relevant for each job,” explained David Greentree.
JOB PROFILE PROJECT MANAGER RATING 84.6
100
5
80
4
60
3
40
2
20
1
0
0 1 2 3 4
SKILLS RATING EQUIVALENT TO DIPLOMA FIVE LEVELS
New system
across those 17 skills. MYSKILLSmanager is a powerful tool that can assist individuals, employers (both public and private), recruiters, universities, TAFEs and other education and training providers, to get the best out of people and the most efficient use of their time and resources. It does this by focusing on the skills required in the workplace and matching people to those skills. ‘Basically MYSKILLSmanager allows you to compare apples with apples’,” David said.
5 6 7 8 9 10
11 12 13 14 15 16 17
SEVENTEEN SKILLS
SKILLS PROFILE DAVID GREENTREE (PROFILE 1977) RATING 52.6
100
5
80
4
60
3
40
2
20
1
0
0 1 2 3 4
SKILLS RATING EQUIVALENT TO CERTIFICATE III FIVE LEVELS
David says that under the current system people are recruited by addressing selection criteria and the provision of their curriculum vita. “Once the individual is in the workplace they are in a sink or swim environment because managers don’t have the detailed information, they can use on a daily basis, to develop and deploy people and their skills,” David said. According to David, many employees also struggle to understand the performance expectations placed upon them because there is no mechanism to measure or develop particular skills.
5 6 7 8 9 10
11 12 13 14 15 16 17
SEVENTEEN SKILLS
TRAINING PROFILE DEMONSTRATION VIDEO RATING 67.8
100
5
80
4
60
3
40
2
20
1
0
0 1 2 3 4
SKILLS RATING EQUIVALENT TO CERTIFICATE IV FIVE LEVELS
Current system
5 6 7 8 9 10
11 12 13 14 15 16 17
SEVENTEEN SKILLS
F E AT U R E
Bulldozer driver to CEO
It’s been a wild ride for David Greentree, from driving bulldozers at the age of 12 to becoming an expert in writing national industry training packages – and now CEO of his own company. David was born in Gosford and lived around Tuggerah Lakes with his three brothers and two sisters. His dad was a logging contractor and his mum looked after the kids. “I started driving bulldozers for dad when I was 12. I left school at year 10 because, apart from sport, school wasn’t ringing any bells for me,” David reflected. He moved to Gilgandra with his family in 1964. In 1967 David and his dad started Cyprus pine logging in the Warrumbungles. In 1970 he got a job driving bulldozers for the NSW Soil Conservation Service (NSWSCS). The NSW Soil Conservation Service had 140 bulldozers that they contracted out to farmers to address erosion issues and build farm dams to improve stock management practices. In 1974 David moved to Parkes as a NSWSCS plant (earth moving equipment) foreman. According to David, moving from a small business to a larger organisation increased his exposure to different ways of thinking and communicating – he also says that most of the people he was working with had graduated from Agricultural College. “I would sit on my bulldozer and listen to people,” David said. Because of the new techniques David was developing, to improve standards, a systemised approach and achieve better efficiencies, he began running construction technique workshops for other teams throughout NSW. “At the time we were the only organisation like this in the world,” David said proudly. It was during this time that David started to document these techniques and ‘draw pictures of bulldozers pushing earth around’. In 1977 David was promoted to Field Technician and then in 1980 he was seconded to the Snowy Mountains Engineering Corporation (SMEC) to write a manual for constructing dams for the Thai village people. David went to Thailand for three weeks then came back to Cooma and worked with SMEC and produced the manual that was presented to the King of Thailand and was picked up by the World Bank for distribution to developing countries. In 1985 David was promoted to Construction Advisory Officer for most of NSW and was given the opportunity to study at university. “I was at first excited, but decided after two weeks of wrestling that I would take a different path and establish a training program for people in the industry,” David explained. Before putting pen to paper David embarked on a five-year project to research the skills and knowledge that was missing in the industry. “In late 80s we got $500,000 and produced 21 manuals under guise of The Earth Moving Training Course,” David said proudly.
F E AT U R E
It’s been a long journey for David Greentree form bulldozer driver to CEO – but with the knowledge he has acquired along the way he is set to revolutionise the training, recruitment and skills management industries.
In the 90s David was seconded to NSW TAFE to develop curriculum for Soil Conservation culminating in the Certificate II ,III, IV and Diploma in Soil Conservation. After completing this David was appointed to run 21 workshops in the Northern Territory to implement the training program. David then was moved out of the operational side of the department of and into learning and development section. David moved to Queanbeyan in 1996. Around 2000 he started developing national competency standards for the Conservation Earthworks Industry. “I also represented the Department as chair on a national committee formed to develop standards for the Natural Resource Management Industry,” David said. He then went into organisational development – job evaluation programs, industrial relations programs and recruitment systems. “I consider one of my major achievements was the establishment of a job grading system for whole of department consent awards. This led to nine awards being merged into one,” David said. In 2003 David was appointed Chair of a National Industry Reference Group and then Director of AgriFood Skills Australia (one of 10 industry skills councils). In 2004 David became more involved in using technology to establish recruitment and job design online system with the department. In 2007 he was approached by Agri Food Skills Australia to work with them on their national training packages. “As Manager, Training Products and Implementation, this involved extensive research and developing concepts in the understanding of training packages for industry to better understand what was being delivered,” David elaborated. This culminated in the endorsement AHC10 Agriculture, Horticulture and Conservation and Land Management Training Package in 2010. David finished with Agri Food Skills Australia in 2010 to worked full time on developing MYSKILLSmanager. The future for MYSKILLSmanager
“I want as many people as possible to have access to the innovation and benefits of this product,” David said, “And to achieve this we have put the product online and have made it quick and easy to use.” MYSKILLSmanager is applicable across the entire workforce. It is as applicable to project managers as it is to sales staff. “We are also developing MYSKILLSmanager as a phone and iPad application so that if can be accessed across many different platforms.” MYSKILLSmanager is also extremely reasonably priced for this type of product. “It is about a third of the cost of applications that are currently being used in the market and delivers much, much more,” David said enthusiastically. David is very confident about the future. “We project that we are going to have 10,000 users in the next six months. This will include individuals up to employers with 1000s of staff,” David said. “Being a technology company we are positioning ourselves to be at the forefront of the changing demands of the workforce.” It’s been a long journey for David Greentree from bulldozer driver to CEO – but with the knowledge he has acquired along the way he is set to revolutionise the training, recruitment industries and the practice of skills management and employee engagement. David Greentree 0406538849 myskillsmanager.com
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ADVICE 28 28
ACCOUNTING
29
BUSINESS LAW
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CORPORATE GOVERNANCE
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ESTATE PLANNING
30
HEALTH
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RECRUITMENT
13 things business owners should do before 2013 by Rhys Kyburz, RSM Bird Cameron
BOOKEEPING Think you can afford not to outsource your bookkeeping? by Mook Clifford, Peter Vickers Bookkeeping Services
Landlords, commercial fit-outs and the PPSA by Cassandra Emmett, Elringtons Lawyers
The importance of the Not For Profit sector By Phil Butler, Australian Institute of Company Directors
The importance of a binding death benefit nomination By Stephen Bourke, Certus Law
Eating out: What's the catch? By Robbie Manzano, Healthy Identity
Recruitment market – the state of play in Canberra By Virginia Field, PCA People
ACCOUNTING
By Rhys Kyburz
13 things business owners should do before 2013
1. Review the products and services you sell and tailor the mix to appeal to changing customer needs for the holiday and new year season. 2. Review pricing structures to ensure competitiveness and profitability. Put formal procedures in place to monitor and proactively respond to competitor pricing changes. 3. Review stock levels to make sure you can satisfy customer demand for profitable product and service lines, and identify slow moving stock that can be liquidated as “bargain buys” or bundled with other products as a value add. 4. Review sales, marketing and promotion plans and make sure they are optimised to help achieve the best results not only during the holiday season but well into the new year. 5. Review staffing plans and confirm acceptance of the rosters by all staff. For non-retail businesses, annual leave plans need to be balanced and finalised as early as possible. 6. Review fraud and theft protection systems and ensure all staff are reminded of their responsibility to be vigilant as customer traffic increases and the pressures of Christmas expectations can motivate increased customer and staff theft. 7. Review debtor lists and actively chase all overdue accounts. Any amount not collected by December 23 is unlikely to be collected until February or later. Collecting money owed to you is critical particularly over this period when the cash cycle tends to tighten. 8. Review the use of finance products for effectiveness. Overdrafts, premium funding, lease facilities and cash flow funding products can all be excellent tools to help match a business’ cash supply with planned outlays. 9. Complete a GST health check. Small businesses are in danger of losing time and money because of unreliable or outdated business systems causing them to incorrectly report GST. 10. Strategically plan end of year gifts and entertainment to key customers, prospects, suppliers and business partners. 11. Carefully plan end of year staff parties to reward and recognise efforts for the year. Remember your workplace obligations to provide a safe environment for the event in relation to alcohol and discrimination. 12. Set effective goals. The beginning of the new year is an ideal time to review goals set at the beginning of the financial year. 13. Remember that you deserve a break as well. The new year will dawn a brighter place if you end this one in a happy frame of mind, and feel prepared for the year ahead.
BOOK KEEPING
By Mook Clifford
Think you can afford not to outsource your bookkeeping?
You may be happy with the way your business is growing, but if you have to spend time on bookkeeping, you’re using time which could be spent more effectively working on increasing revenue and profit. Grow your business by spending more time focusing on the business and appoint a bookkeeper to ensure your records are in order and up to date, enabling you to see a snapshot of the financial health of your business at any moment in time.
A good bookkeeper can improve your business processes, select and introduce the most appropriate software for your needs, ensure you remain compliant with the ATO and benefit from tax concessions available, giving you peace of mind that your records are kept accurately and up to date. Cash Flow: the biggest reason many businesses fail is poor cash flow. Accurate Accounts Payable and Accounts Receivable reports help you to manage cash flow as you will always have a clear picture of who you owe and who owes you money. Profit: can you afford to run your business at a loss? Accurate records help you to see if you’re actually making a profit and indicate if the price that you’re selling at or providing a service for, provides a margin to cover the cost and make a profit. Liability: it is very time consuming for a small business to remain compliant with ever changing legislation around taxation and employment. We have just seen a new bill passed by the Senate – Tax Laws Amendment (2012 Measures No 2) which will protect workers’ entitlements and strengthen directors’ obligations. A bookkeeper will maintain your accounts and keep you up to date with new legislation and can advise you regarding your superannuation and tax obligations to your employees. Peace of Mind: most small businesses find bookkeeping stressful and put it off until it becomes urgent as they hate doing it themselves. To be able to outsource this important function to an expert brings peace of mind that your financial affairs are in order and avoids the dread of tax time. A good bookkeeper can improve your business processes, select and introduce the most appropriate software for your needs, ensure you remain compliant with the ATO and benefit from tax concessions available, giving you peace of mind that your records are kept accurately and up to date.
Bird Cameron
Chartered Accountants
For more information, please contact Rhys Kyburz at RSM Bird Cameron, on 02 6247 5988 or rhys.kyburz@rsmi.com.au.
Mook Clifford, Peter Vickers Bookkeeping Services Tel: 6100 0456, E: mookc@pva.com.au
CORPORATE GOVERNANCE
BUSINESS LAW
by Cassandra Emmett
Landlords, commercial fit-outs and the PPSA
by Phil Butler
The importance of the Not For Profit sector
The Personal Property Securities Act 2009 (“PPSA”) does not apply to real property, however, landlords must still consider its effects when providing commercial ‘fit-outs’ or plant and equipment as an incentive to incoming tenants. The fit-out and plant would have previously been considered the property of the landlord and held under retention of title provisions under the premises lease. With the introduction of the PPSA, landlords must now consider registering their interest in the fit-out and in the plant and equipment on the PPSR. The recent decision of the Federal Court, Carson, in the matter of Hastie Group Limited (No. 3) should act as a warning to landlords. The case does not specifically consider land leases but demonstrates the problems faced by administrators when determining what property is covered by a PPSA registered security interest. Upon Hastie Group entering into administration, the administrator contacted all secured parties requesting information regarding their PPSA interests. The administrator planned on selling the plant and equipment. Of the registered secured parties, approximately 80% provided details of the PPSA interests to the administrator. The details provided were very general and many secured parties failed to respond. The administrator then applied to the court seeking directions to dispose of the unclaimed collateral. When giving directions Justice Yates at paragraph 10 stated: “Given the level of generality of many of the registrations in the PPSR …, it has proved extremely difficult for the administrators to rely upon the PPSR for the purpose of identifying property that is subject to third party security interests.” With regard to Justice Yates’ comments we encourage landlords to consider the following: 1. Retention of ownership clauses in leases are no longer enough to protect your rights to claim property that you have included under a tenancy; 2. You should register your interest on the PPSR, and you should adequately identify the collateral you wish to protect; and 3. Responses to requests from administrators or other secured parties should be timely and detailed. A further issue that arises for landlords is that the fit-out or property can become so annexed to the premises that it becomes a fixture, which is beyond the reach of the PPSA. Varying tests of annexation have been applied by the courts over the years, which makes it difficult to assess whether something is a fixture or not. If the fit-out is comprised of removable chattels and plant and equipment then a landlord can protect their financial interest under the PPSA. If property is attached, it becomes murky. For advice or assistance with registrations and the PPSA please contact Darren Carden at elringtons.
Earlier this year, the Australian Institute of Company Directors produced its Directors Social Impact Study. The study, conducted by Curtin University and supported by the Commonwealth Bank explored a range of issues affecting the Not for Profit (NFP) sector.
Cassandra Emmett Special Counsel & Manager, Business Services Contact Elringtons T: (02) 6206 1300, Level 7, 221 London Circuit, Canberra City visit: elringtons.com.au
Phil Butler is Manager - NFP, Public Sector & ACT at the Australian Institute of Company Directors. For more information about AICD ‘s course programs and events, T: 02 6248 5954.
Whether the organisation is working in health, education, aged care, sporting or the vast range of other pursuit, they need to be able to measure how successful they have been. A key finding of the study was that the governance of the NFP sector is much better than is often recognised. Many of the directors surveyed and interviewed commented that the governance of the organisations on which they served was of equal quality regardless of whether it was NFP or For Profit. In launching the study, Company Directors CEO John Colvin, observed that ‘‘ we need to dispel this myth that NFP boards are ‘second rate’ and lack governance skills compared to boards in other sectors”. The study also showed the extensive contribution directors are making to the sector, with an average of 35 days per year spent on director duties of NFP boards. This is a vast contribution to the sector, and it is critically important that any reforms to the sector do not discourage directors from continuing on with this contribution. Another very interesting issue that was raised during the focus groups for this study was around the term “Not For Profit”. Many respondents spoke of their dislike of the title, as it did not adequately describe what organisations in the sector did. While there was no consistency of views around an alternative title, it did raise the issue of how to describe and measure outcomes of organisations. NFP’s are not able to distribute any surplus back to members, but it doesn’t mean that they can’t make a surplus to be reinvested back into the business. The further complication is how can they appropriately measure what really matters. Whether the organisation is working in health, education, aged care, sporting or the vast range of other pursuit, they need to be able to measure how successful they have been. For some, a measure may be the number of people playing a sport at a community level; for others it may be the reduction in the number of deaths from a certain type of illness. What is most important is to have a set of key priorities that match the organisations purpose and enable the board to monitor the achievement of these.
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ESTATE PLANNING
by Stephen Bourke
The importance of a binding death benefit nomination
Clients often see us to discuss their estate plan and sometimes are surprised when we ask them if they have a binding death benefit nomination in place. Most have never heard of them. Death benefit nominations however are an increasingly important part of estate planning. A death nomination (whether binding or non-binding) is a direction given to the trustee of your superannuation fund advising where you want your death benefits to be paid. If the Trustee does not have a Binding Death Benefit Nomination (“BDBN”) it is up to the Trustee who the death benefit is paid to. If you do not have a valid BDBN in place two things can occur: 1. As the decision of who the death benefit is to be paid to is at the discretion of the Trustee of the fund there can often be a delay as the Trustee will usually require proofs of eligibility before making a decision. Such a decision is usually also subject to review if a party objects and then to review by the Superannuation Complaints Tribunal. It is not unheard of for the delay to take more than a year. 2. As the decision of who the death benefit is to be paid to is at the discretion of the Trustee you do not know who the benefit will be paid to. The case of Katz v Grossman (2005) NSW SC 934 is a good example of the second point above. Mr Katz was a widower with an SMSF. After his wife died he made his daughter a fellow trustee. She later also became a member. He did not make a BDBN but did make a nonbinding nomination requesting that the death benefits be shared equally between his daughter and his son. He subsequently died. Following her father’s death his daughter was the sole member of the fund so she made her husband a fellow trustee. The Trustees exercised their discretion and decided to ignore the non-binding nomination and instead pay the whole of the benefit which was worth over $1 million to the daughter only. The Court held that this decision was valid and within the Trustees discretion. This could have been avoided if Mr Katz had completed a valid Binding Death Benefit Nomination. A Binding Death Benefit Nomination is also a good tool in estate planning if you want to make sure your estate is protected from potential family provision claimants. As superannuation falls outside of the estate if you direct your Trustee in a BDBN to pay the money to your spouse or another eligible beneficiary such as a child rather than pay it to your estate it is not exposed to a family provision claim. Any review of your estate plan is not complete without a review and consideration of your death benefit nominations.
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
HEALTH
Eating out: What's the catch? By Robbie Manzano It's too easy. The luxury of accessing food at the snap our fingers has to have a catch. But what's the catch? And will it mean enough to make us think twice about heading out for breakfast, lunch and tea? The most obvious catch is the over-consumption of energy at every sitting at a local restaurant or take-away store. Catch one - "we now eat with our eyes" Firstly, when we 'eat-out' we tend to consume a higher volume than normal. Instead of eating to satisfy our hunger we eat to satisfy our eyes. I'll explain… The 'secret bottomless soup bowl' was an experiment conducted by Brian Wansink. Participants of the study were told to eat soup until they were satisfied. The results indicated those who consumed out of the 'bottomless soup bowl' doubled the consumption of those that ate out of normal bowls. This simple, but effective experiment illustrates the nature of most individuals in affluent societies. So, how are we going to consume less you ask? Skip entrees altogether and order the smallest meal. If that doesn't satisfy you, treat yourself and a friend to a little dessert. You may ask, “are you serious? Dessert isn't good”, If you are still hungry and can be patient enough to wait for something sweet to top off your 'eating out' experience, I'm all for it. After all isn't sharing the experience of good tasting food with others the reason we 'eat out'. Catch two - "we have no choice but to consume too many calories" Secondly, the content of meals eaten outside of the household are generally 'high' in energy. Therefore, regardless of the volume of your meal there's a good chance you’re consuming too many calories. For this reason we need to consider what sort of meal to order. Do your best to avoid deep fried and creamy dishes. Choose vegetables instead of hot chips and start with a salad instead of a dinner roll. Take your time when reading the menu. Consider the ingredients in the meals about to be purchased. Ask your waiter/waitress how the meal is prepared and ask if they can prepare it in a healthier fashion (e.g. grilled instead of fried). Catch three - "Eating out isn't saved for special occasions anymore" The saddest thing about frequently eating out is, we lose the experience of enjoying a meal outside of home. Taking a lady out for dinner doesn't portray a date anymore and going to dinner with family may be a last resort for dinner because there is nothing to cook at home. I actually have nothing against 'eating out' however... As a food lover I don't just enjoy food for the taste, I enjoy food for the social experience too. So, consider why you are heading out for a meal. If it is just to satisfy your stomach reconsider and wait for that special occasion to head out, so you can really enjoy the whole experience. Robbie Manzano is founder and managing director of Healthy Identity. Robbie has degrees in Human Nutrition and Coaching Science from the University of Canberra and is currently completing a Graduate Certificate Public Health from Curtin University. robbie.manzano@healthyidentity.com.au 0423 366 014
RECRUITMENT
By Virginia Field
Recruitment market – the state of play in Canberra
I recently returned to Canberra after a thirteen year stint in the UK where I ran my own recruitment business in the banking sector. My first day back with previous employers PCA People saw me take a pole on the state of the market from the 20 odd employees in the business. The responses I got varied based on the discipline, but the overall message was that the climate is tough and is likely to get tougher over the next
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So a dip in the supply side of jobs, hopefully short-lived with the prognosis for a slight improvement in 2013. three months. Indeed my interaction with private and public sector customers has reinforced that sentiment though there seem to be varying views based on sector. All of this I have taken in my stride as quite frankly, the state of the market is so much more buoyant than I experienced in the UK. Six years in the UK since the banking crisis and continuing failing European markets combined with UK wide recession (and the weather!) contributes to a really bleak prognosis. My sense (so far) in Canberra is that there is serious pressure on costs, mostly because of the 4% efficiency dividend and decreasing headcount is the easy target for our government clients. We know that there are government departments that are taking reasonable hits in terms of numbers. Perhaps also some questions around the elections next year. This seems to a cyclical reckoning and we are confident that the market will improve, albeit slightly, from February 2013. This is not much comfort to employees affected by redundancy and we are spending increased time talking with and providing counsel to, affected workers. Again, this tends to vary from sector to sector – our IT Recruiters seeing the highest number of high calibre professionals out of work. Our focus has always been to provide a consultative service to our candidates – no more so than now. ‘Client’ side, we are finding that organisations are doing their best to fill roles internally, or indeed make do with fewer staff, stretching the current complement. There are still senior level recruitment campaigns underway, with the level of response at an all time high. As a natural response to the market, clients are being much more demanding in their requirements for individuals; to the point where there is sometimes a long list of essential capabilities. Other effects of a tight market include advertised jobs disappearing with a change of heart from employers and lengthening recruitment processes and therefore, longer deal times. So a dip in the supply side of jobs, hopefully short-lived with the prognosis for a slight improvement in 2013. It’s good to be back in the Southern Hemisphere!
.
Virginia Field, Team Leader Accounting and Finance; PCA People Level 3, Canberra House, 40 Marcus Clarke Street, Canberra City T: (02) 6257 1010 | www.pcapeople.com
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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
2012 – The year in review CHRIS Fa U L K S
CEO CANBERRA BUSINESS COUNCIL
AFFILIATED WITH
SAVE THE DATE Thursday 7 February 2013 1st Official Dinner TIME: 7PM VENUE: National Arboretum To register go to www.canberrabusinesscouncil.com.au
Principal Members Australian Computer Society, Actew Corporation, ActewAGL Retail, BluePackets, Brookfield Multiplex Services, Canberra International Airport, CanPrint, Cantlie, Cre8ive, Elite Sound & Lighting, Ernst & Young, eWAY, Hindmarsh, ISIS, KPMG, Master Builders Association (ACT), National Australia Bank Limited, PricewaterhouseCoopers, Staging Connections (ACT), The Village Building Co, Toshiba (Australia) Pty Limited, TransACT Communication, PricewaterhouseCoopers 32
D E C E M B E R 2 0 12
A
s we approach the end of 2012 there is a real sense that, while hoping for a good Christmas trading season, everyone in the business community will be glad to see the end of another year of economic uncertainty and to just take a break with family and friends over the holidays. There is no doubt that at the end of 2012 the fundamentals of the Australian economy remain strong. Australia continues to outperform other advanced economies with sound growth, low unemployment, low government debt, contained inflation, a strong and stable financial system, a triple-A credit rating from all three major global ratings agencies and a solid investment pipeline. Yet all year we have been bombarded with relentless news reports about the European debt crisis, sluggish recovery in the US and slower growth in China – all of which have continued to cause volatility in financial markets and undermine business confidence. At the ACT level, the year began well with CommSec’s State of the States Report (released 23 April 2012) indicating that the ACT had one of the best-performing economies in Australia. Measured against its decade average, the ACT had strong economic growth and above-average population growth (1.92%). Dwelling starts were up 55% and construction work was up 47%. The trend jobless rate of 3.6% was lower than in all other state and territory economies. Then the Federal Budget (7 May 2012) delivered a trifecta of bad news for the ACT – thousands of job losses in the public service, a fall of $177 million in GST revenue over four years and an increase in the efficiency dividend from 1.5% to 4% from 1 July 2012. These three measures inevitably meant less work for the private sector in the ACT, fewer Federal Government tenders for products and services, lower business and consumer confidence and the prospect of even more cuts to Public Service jobs into the future. The Federal Budget was followed by the ACT Budget (5 June 2012) which saw the ACT revenue base not only hit by contracting Commonwealth consumption, falling revenue from land sales and lower returns on the Territory’s investments but superannuation liabilities continued to increase. The Budget forecast zero employment growth in the
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ACT in 2012-13 while weak consumer spending and the general economic outlook continued to impact negatively on business confidence. The ACT Budget did however begin to acknowledge that the ACT economy is over-reliant on two sources of revenue – Commonwealth Government spending (which is responsible for 50 percent of all economic activity in the Territory) and land sales / property taxes. It recognised that the ACT economy needs to be diversified and the revenue base broadened if the Territory is to continue to have a strong, resilient and sustainable economy. Not long after interest in the ACT Budget subsided we moved into campaign mode leading up to the ACT Election (20 October 2012). The campaign focused almost entirely on municipal priorities – rates, roads and rubbish - with debate about the importance of a strong and diversified economic base to pay for the high standard of services our community demands not gaining a great deal of attention. The impact of the close election outcome - 8 Labor, 8 Liberal, 1 Green – on the stability and effectiveness of the ACT Government is yet to be seen but one thing is certain: while the local economy has reasonable momentum, it is entering a complex period in the short–term and a precarious economic future in the longer term. The year ended on a sobering note with the Deloitte Access Economics Investment Monitor Report (released 12 November 2012) painting a far less optimistic picture for the future of the ACT. The report pointed out that while a decade ago public sector jobs accounted for only two out of every five workers in the ACT (40%), big spending Federal Governments (Coalition AND Labor) have seen that ratio move back to above 50% for the first time since the early 1990s. This makes the ACT economy much more dependent on and vulnerable to decisions taken by the Federal Government – especially cuts to public sector spending. The Deloitte report confirmed that Federal Government belt tightening is affecting the ACT economy. On a lighter note, as we move into the final weeks of 2012, I wish B2B readers and supporters all the best for Christmas and a happy, healthy and prosperous 2013.
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Opportunities for ACT exporters in Indonesia
F
or several years the ACT Exporters’ Network has looked to near Asian neighbours for export opportunities for ACT businesses. To capitalise on these opportunities, in the second quarter of 2013 there is going to be an ACT Government led mission to Indonesia. This mission will focus on the opportunities for the ACT private sector in public administration services, governance and the education markets in Indonesia. It will help to leverage opportunities and build relationships for ACT companies in the fast growing Indonesian economy. Why Indonesia? Indonesia is a very large market geographically close to Australia. Indonesia has nearly 240 million people, and is the fourth most populous country in the world. It is also a young population with more than half the population under 30, which means there is huge growth potential. Indonesia’s per capita income at $3,300 is over twice as high as India’s. There is also likely to be a significant shift in its consumer market as a large portion of its population enters the middle class. As a result, Indonesia is a very important consumer market, and domestic consumption remains an economic mainstay. Indonesia’s strength lies in its low debt profile and small budget deficit, which was only 1.1 percent of GDP in 2011. Given the problems many countries have faced post GFC, Indonesia has performed well. In 2011, the economy grew at its fastest pace in over 15 years. Ratings agencies have raised Indonesia’s sovereign credit rating. Fitch Ratings and Moody’s Investors Service have raised Indonesia’s debt to investment grade in the past eight months, with Fitch increasing it to BBB- in December and Moody’s lifting it to
Baa3 in January. On top of all this, Indonesia has become part of the next finance world acronym MIST. Jim O’Neill, Goldman Sachs Asset Management chairman who coined the term BRICs for the largest emerging markets has now come up with MIST -- Mexico, Indonesia, South Korea and Turkey. The MIST economies have more than doubled in size in the past decade. Indonesia’s domestic spending and investment helped the nation’s economic growth accelerate to 6.37 percent in the second quarter of 2012. The ACT Exporters focus on Indonesia fits firmly within the strategies announced in the recently released Australia in the Asian Century White Paper. In this century, the Asian region will have most of the world’s middle class and will be the world’s largest producers and consumers of goods and services. This ACT mission aims to increase the capacity of the ACT export community and will help to grow a diversified ACT economy. If you are any interest in the Indonesian market then please contact the ACT Exporters’ Network Manager, details below. There will be a series of information workshops leading up to the mission to build capacity and increase exporters understanding of Indonesia. The ACT Exporters’ Network works with exporters from the Canberra region, to build opportunities in overseas markets. If you require assistance, 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 Ellen Pope, ellen.pope@canberrabusinesscouncil.com.au or 02) 6247 4199.
ELLEN POPE
EXPORTERS NETWORK MANAGER
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.
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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
Canberra’s construction industry benefits from training partnership T R E VA R CHILVER
DIRECTOR OF EMPLOYMENT, EDUCATION AND TRAINING
W
ith skill shortages making life difficult for businesses of all shapes and sizes, it is important that Canberra’s business community collaborates on initiatives to ensure our workforce has the skills it needs to keep businesses growing. Industry’s demand for skills is on the rise, but the workforce’s acquisition of the skills in demand is not growing at the same rate.
Whether it’s ensuring that young people have all the support they need to make successful transitions through education and into the workforce, or helping businesses to retain existing workers, relevant, quality training opportunities are something that the Employment, Education and Training team at the ACT Chamber of Commerce attempts to facilitate with a range of stakeholders on a daily basis.
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 Foundation Member Australian Chamber of Commerce & Industry
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This year, over a hundred workers in the construction industry have been able to complete additional qualifications thanks to a partnership between the ACT & Region Chamber of Commerce & Industry, Construction and Property Services Industry Skills Council and the Capital Training Institute. Given the urgency of the task of increasing the skill level of our labour force, upskilling existing workers in the construction industry builds stronger workforces for our future. The partnership made funding available from the Commonwealth’s National Workforce Development Fund, and provided support to 92 employers, including 80 sole traders. Two thirds of the funding was provided by the Commonwealth, with employers contributing the remainder to ensure their staff have the skills to meet the demands of their business. Capital Training Institute has been operating in Canberra for five years, changing their name from Safety Training and Compliance at the beginning of this year, having grown beyond its original offering. The National Workforce Development Fund is an approach to skills training that aims to give
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businesses more influence over the training their staff receive. Industry Skills Councils work with industry to identify projects that will deliver skills in areas of demand, and they work in partnership to shape the training that is delivered. The style of delivery, the qualifications delivered, and the particular part of the workforce who receive training are among the characteristics determined by the industry’s conversations with the Industry Skills Council. Capital Training Institute provided training to 121 existing workers, most of whom completed a Diploma or Certificate IV in Building and Construction. Others undertook Diplomas or Advanced Diplomas of Project Management, and a few undertook the Certificate IV in Training and Assessment, ensuring that the benefit of training and experience is shared with new workers entering the industry. This is an excellent result, and demonstrates the value of working in partnership. Conversations are continuing to pursue another round of training with existing workers in the construction industry, and the ACT Chamber has begun conversations with the Community Services and Health Industry Skills Council and businesses in early childhood, aged care and disability services, to make training opportunities in qualifications relevant to these industries available as well. Whether it’s ensuring that young people have all the support they need to make successful transitions through education and into the workforce, or helping businesses to retain existing workers, relevant, quality training opportunities are something that the Employment, Education and Training team at the ACT Chamber of Commerce attempts to facilitate with a range of stakeholders on a daily basis. Opportunities for more industries to conduct training with the help of the National Workforce Development Fund continue, and interested employers are encouraged to contact the ACT Chamber or their Industry Skills Council. For more information on the National Workforce Development Fund, go to http://www.innovation.gov. au/Skills/SkillsTrainingAndWorkforceDevelopment/ NationalWorkforceDevelopmentFund.
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P RO P ERT Y YOUR MONTHLY LOOK AT PROPERTIES AND PROPERTY RELATED INDUSTRIES IN THE ACT
are you part of the strata community?
COMMUNITY BANKING How can it contribute to affordable housing?
FLOORCOVERING TECHNOLOGIES Are you covered from the foundations up?
SHOULD I SELL NOW OR WAIT UNTIL FEBRUARY? Jason Klose from Brindabella Business Brokers discusses
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By Tim Benson
O
ne of Canberra’s best known businessmen Erik Adriaanse has been busy during the past couple of years in an industry far removed from his career as an accountant – the strata industry. Most businesspeople will know Erik, either through his current position at Independent Property Group as Managing Director Body Corporate Services, or his previous position at RSM Bird Cameron and prior to that through his own successful accounting practice. But over the past few years Erik has thrown himself into the strata industry and especially the new national strata industry body - Strata Community Australia. Erik is currently the President of Strata Community Australia ACT and is a member of Strata Community Australia’s national board. Strata title, sometimes called community title, for those not in the know, is a form of property ownership devised for multi-level apartment blocks, townhouses and various other forms of development with shared areas and facilities. And the new peak association, Strata Community Australia (SCA) has been formed to support the strata sector. SCA represents over 2,500 member companies and individuals, bringing together people who manage strata schemes, live in strata communities, or provide services to them. SCA also offers education, advice, and advocacy to enable better understanding of strata regulations,
obligations, and owner’s rights. In 2011 the National Community Titles Institute was rebranded as Strata Community Australia. State/territory affiliates voted overwhelmingly – 95% in favour – to adopt the new national brand. Work then began on a new program aimed at offering more comprehensive services to members, and more effective advocacy in the interests of all stakeholders in the sector. Erik says the most important thing about the new national body is that it represents the whole strata industry, “Strata Community Australia was born out of a desire to bring together all elements associated with the strata industry, including owners of units, strata managers and suppliers of goods and services.” The board of SCA also has a strategic focus to bring about a system of accreditation for strata managers and a national licensing regime that will mesh with the national licensing initiatives of the Federal Government. A further focus for SCA is to assist owners of units to use sustainable techniques for running stratas. “We have received a significant government grant to build tools and teaching materials to assist strata managers and owners to find, and implement, sustainable outcomes. These could include things such as solar friendly devices and/or better use of water, electricity and building materials,” Erik said. The new program will be called the Energy Efficiency Grant. Strata Communities Australia has
decided on the following four strategic priorities for 2013: • Education and training Through the SCA registered training organisation and diploma development. • Database development The development of a comprehensive database that can reach out and provide information to members. • Advocacy To improve advocacy by highlighting the benefits of the new energy efficiency initiative as well as national licensing initiatives. • Assisting the NBN rollout Assisting the NBN rollout through the use of the SCA database of all strata managers throughout the country. Membership of Strata Community Australia is open to anyone with an interest in strata schemes, including strata managers and their staff, real estate agents, service providers to the strata industry, accountants, solicitors, engineers, surveyors, students, and not least, lot owners in strata schemes. Membership provides a wealth of rewarding benefits, including: • Professional recognition and networking belonging to the peak association supporting the strata sector provides unmatched industry networking opportunities • Access to latest strata news and information through member e-newsletters and national magazine “Inside Strata”. • Best practice resources including forms, practice guidelines, and consumer guidelines.
• Professional development including seminars and conferences to ensure industry knowledge is upto-date, and to provide networking opportunities with the best in the industry • Shape the legislative framework experts representing SCA interests engage with the decisionmakers, including politicians and government policy leaders. • The creation of Standard Management Contracts for the use of Managers and Owners Corporations. Membership of SCA is through State and Territory affiliates, which also offer a range of additional exclusive benefits. STRATA COMMUNITY AUSTRALIA ACT Strata Community Australia (ACT) recently brought together industry professionals to discuss upcoming changes in the sector and the issue of building defects. “2013 will be a year where we see some fairly major changes in the strata sector,” Erik explained, “In particular, we are moving towards a new system of accreditation and eventually national licensing.” The conference was designed to explain these changes to strata professionals and discuss how they can ensure positive outcomes are achieved. The conference also focused on the issue of building defects and how all players in the strata community can more effectively work together to solve problems as they arise.
“A growing proportion of the ACT population is living in medium and high density housing. One of the most common questions we get from people living in apartment or townhouse development is ‘what do I do if there is something wrong with my home?’” Erik explained. Building defects can be a source of frustration for everyone involved: those who manage strata schemes; people who live in strata communities; and those who provide services for them, including builders. “By bringing together these groups we have been able to clarify some of the issues and discuss ways of cooperatively addressing building defects in the future,” Erik said. Golden Sponsors for the conference were CHU, Macquarie Bank, Meyer Vandenberg Lawyers and QIA. “Over the next two years SCA ACT hopes to build bridges between the three sectors of the industry to ensure managers are operating at a very high level and achieving service standards which satisfy the needs of complexes,” Erik stated. Strata Community Australia was launched in July 2011 at New Parliament House. It has achieved a lot in a very short period of time. “We have a long way to go to achieve the high standards of the strata industry in countries such as the United States - but we are well on the way,” Erik said proudly. PO Box 1441, Canberra ACT 2601 admin.act@stratacommunity.org.au www.stratacommunity.org.au
aa ns e
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ri Ad k i Er
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Why doesn’t Government bank with the Community Bank? Better still... how could that fix affordable housing?
H
ere’s a question for you........ if the Bendigo Community Bank will put back 80% or more of it’s profits into community services, groups, charities and events – and those profits are derived directly from the level of funds in bank accounts with the Community Bank........ why doesn’t Government, and every government agency, invest some of their funds on term deposit with Canberra’s Community Bank Branches of Bendigo Bank? Understandably there is a tender process to do the government’s banking, and no doubt that contract sits with one of the big 4 banks currently. But not all of government’s revenue is part of that arrangement. What about Federal Grants Funding and other
The local Community Bank is unapologetically parochial in it’s endeavours to spend our money locally and to invest our profits in local groups that help local people. federal money earmarked for projects to be administered by the States and Territories? Why wouldn’t the ACT government invest some of those funds with the only locally owned bank in Canberra? The Community Bank earns somewhere
between $2000 and $3000 per year for every million dollars invested with us. After expenses that might average out to about $1500 per million. If ACT government invested say $100,000,000.00 (not that much of a 4 Billion Dollar Budget), the community Bank would earn something like $150,000.00 of which the bank would be happy to enter into an agreement with the treasurer to return 80% of profits to any worthwhile community group the government might identify as needy and of benefit to local people. That’s $120,000.00 EXTRA above the normal interest rate that Bendigo would pay to treasury for depositing the money!!! The local Community Bank is unapologetically parochial in it’s endeavours to spend our money locally and to invest our profits in local groups that help local people. We hire local people, we buy our godds and services locally where possible, and our shareholders are almost all locals. I for one can’t understand why the Act Government wouldn’t endeavour to do the same with at least some of the profits from its substantial banking Business. Why send the profits to shareholders and to subsidise the obscene salaries of executives of the big banks? Affordable housing is a big issue in Canberra. Government initiatives and policy seems to be having limited success in delivering sufficient ongoing supply to
satisfy demand in both the rental and the first home buyer market. Admittedly it is a complex issue and will need a range of innovative programs to incentivise the market to deliver. These programs will need to work for investors to make the numbers stack up so they are prepared to rent an investment property below $300 per week. Land costs and other subsidies might also be needed to encourage developers and builders to bring new dwellings to the market below $400,000. A lot of these possible initiatives won’t work because banks won’t lend to people if there is not enough surplus to service the loan. What if the Community Bank was to use some of the profits from the ACT Government/ Land Development Agency/ ACTAB/ActewAGL (or any other government controlled entity) money on Deposit to subsidise loans to low income first home buyers or to Builders who enter into an agreement with the ACT Government? Or perhaps to local mum and dad investors who agree to a controlled rent cap for a fixed number of years perhaps combined with some relief from land tax or rates? All of this could be achieved without extra taxes or cost to the ACT rate payers............. why aren’t they banking with us......... come to think of it why aren’t you?
Jayson Hinder is Chairman of Molonglo Financial Services MFS operate the Calwell, Curtin, Jerrabomberra and Wanniassa Bendigo Community Bank Branches. Calwell, Curtin, Jerrabomberra and Wanniassa Community Bank Branches
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Integrated Services - lowering your total flooring costs
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loorcovering Technologies Group (FTG) has been delivering commercial flooring solutions to the Corporate and Government sectors for over 20 years. FTG provide “Integrated Services” services utilising a combined total of more than 40 years in-house expertise and independence from flooring manufacturers, to develop long term partnerships with our Corporate and Government clients, to identify and solve problems, improve efficiency and lower the total cost of flooring ownership.
FTG’S TECHNICAL SERVICES TO TAKE “FIT FOR PURPOSE” PRODUCTS AND ENSURE THEY ARE INSTALLED TO PROVIDE MAXIMUM LONG TERM VALUE. Site management controls installation quality and OHS risks, and we do this exceptionally well, but our Project Management takes the entire process from concept to completion based on a single point of responsibility for long term performance across a single floor or large National Property portfolio. Some of our recent completed and current projects in Canberra include: • Nishi Building – Base Building – PLY Builders • 28 Sydney Ave – Office Block - Construction Control • Manhattan Apartments – 330 Units - Chase Builders • Aviation House – 3,815m2 Fully Occupied area Carpet Replacement Programme - Mirvac • Department of Immigration & Australian Citizenship, Belconnen, ACT. This project consisted of 27,500m² fully occupied carpet replacement program including, 2 libraries & Executive Offices and conference rooms completing in October 2012.
• Customs & Border Security, Constitution Ave, Canberra. This project consists of 21,000m² fully occupied area carpet replacement program, including highly protected areas. • Dept of Finance & Deregulation 5,000m² of fully occupied area carpet replacement, including Asbestos Management process for known Asbestos hazards. • Australian Taxation Offices, Belconnen, ACT, which is a 15,000m² Fully occupied area – Carpet Replacement. • Australian Tax Office – More Street 2,500m2 Fully Occupied Area – Carpet Replacement • National Water Commission – 2,500m2 Fully Occupied Area – Carpet Replacement As our projects suggest, FTG is a leading commercial floorcovering specialist focused on providing exceptional expertise and customer service to the commercial flooring market throughout Australia. Integrated and systemised solutions developed and refined by FTG over many years produce consistently outstanding results. FTG also have unrivalled experience working in high security sites suchas Defence, State and Federal Police, Prisons, High profile government buildings and financial institutions. In today’s world this experience is applied to every site and all our staff and contractors have appropriate security clearances for each client. FTG offer dedicated business streams to provide comprehensive services for owners, managers and occupants of commercial properties, including Technical Services, Project Services and Property Services. View our site at ftg.com.au
OUR TEAM IN CANBERRA CONSISTS OF National Sales and Marketing Manager Stephen Georgiou - 0418 838 809 Business Development Manager Lewis Jones ACT - 0424 154 476 Sales Terry Frost NSW/ACT - 0439 346 510 | Mark Blinksell ACT - 0418 519 031 Senior Project Manager Allan Anderson NSW/ACT - 0424 154 759 Project Manager Tim Bowles ACT - 0439 346 510 Project Co-ordinator Chris Bambury NSW/ACT - 0409 063 798
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SHOULD I WAIT UNTIL FEBRUARY 2013 TO SELL MY BUSINESS
Jason Klose, Managing Director t: 0414 890 286 jason@bbbrokers.com.au www.bbbrokers.com.au
O
ver the past few weeks we have had business owners wanting to hold off until February 2013 to let the market know their business is for sale. However we are not selling houses – we are selling businesses. A business buyer is interested in financials and the strength of the business. Whilst timing can be important, buyers will always move quickly if the business meets their criteria. Even though it can be harder to sell businesses in December and January due to it being the holiday season, from a buyers perspective, it is usually the best time to undertake their research as they have less
Whilst timing can be important, buyers will always move quickly if the business meets their criteria.
DIAL AN ANGEL CANBERRA FRANCHISE Dial an angel is the leading provider of home and family care in australia. This business was first started in 1967 and has exclusive franchise territories around australia in addition to company owned operations. Dial an angel Canberra is a company owned operation and is run under full management business which is now ready to be franchised.
Licence Fee $50,000 + GST Business $125,000
distractions and more time. Take the following into consideration: New Years Resolution 1 January 2012 a buyer made a new year resolution that they will buy a business. It is now December and they are still in the same job and still unhappy. Over the Christmas break they will push themselves to ensure this goal is met. Do not want to go back to my job Has been a big year and employee does not want to return to work. Time to consider quitting their job and buying a business. Own other businesses Buyer/Seller can undertake the strategic thinking they planned to do for the last 6 months. Look at opportunities to expand. Sell their business and buy something different. Move to Canberra Children are now going to university or secured a graduate position with the Government. Time to make a change, so will move to Canberra and buy a business. Kids moving out of home soon Time to achieve that goal of running their own business. Over the Christmas period, buyers have time to think, talk with family and look at their options. You would be surprised what time emails are being sent at night from potential buyers over the holiday break. Even though for some it is a time to relax, for others it is time to consider what they want to achieve in 2013.
ABC SPORTS CLEAN CANBERRA FRANCHISE aBC Sports Clean is a leader in the sports surface maintenance industry i.e. tennis, bowls, hockey, indoor, athletics etc . This business has built over the past 7 years a very strong, high profile repeat client base in Canberra and can no longer have its Sydney operation run down each week to service the clients. They require a licencee on the ground literally in Canberra to continue to provide excellent service to current and new clients.
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COCKTAIL BAR IN CIVIC
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The current owners have run this successful cocktail bar for 8 years. Located in a prominent location within Civic this business trades 6 nights a week. Requires little staff involvement and generates the current owners a very comfortable living.
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Excellent weekly turnover averaging $96,000; Well established with catchment base of 10,000 people; Gross Profit averaging 21.8%; For 2012 owners profit over $300,000; Business still strong during the GFC; Landlord has confirmed new strong lease to be provided to new owner; Equipment all well maintained and regularly serviced; Owner chooses to work by choice but not necessary as strong systems in place.
Contact Jason Klose on 0414 890 286 for more information or visit www.bbbrokers.com.au
B2B PROPERTY
Are ‘undervalue property transfers’ prior to bankruptcy voidable? Alastair McGregor Manager, Turnaround & Insolvency Division RSM Bird Cameron
ARE UNDERVALUE PROPERTY TRANSFERS THAT OCCUR PRIOR TO BANKRUPTCY VOIDABLE? THE SIMPLEST ANSWER TO THIS MOST COMMONLY ASKED QUESTION IS YES. BUT WHY?
R
eal property is the most significant asset that the majority of Australians will ever own and consequently it is the transfer of real property that is the most common type of voidable transaction in a bankruptcy scenario. Typically the transfer of the property occurs prior to the commencement of the bankruptcy and is transferred to a related party, such as a spouse or direct relative, for consideration which is less than the market value of the property. In certain circumstances, property transfers that occur within five years of the commencement of bankruptcy are voidable and can essentially be reversed, thus revesting the property back to the bankrupt estate. The two key considerations for voidable property transfers are: 1. Was the bankrupt under financial distress at the time the transfer occurred; and 2. Was the transfer for less than market value.
Determining Financial Distress Bankruptcy Trustees have a wide range of investigative powers that enables them to gain access to a bankrupt’s records. These records usually contain information
that will assist the Trustee to determine when the bankrupt was under financial distress and if the bankrupt was under financial distress at the time the transfer took place. Some ways to determine financial distress at the time of the transfer of property are: • The bankrupt was served with the bankruptcy notice and then transferred the property. • Prior to bankruptcy the bankrupt personally guaranteed his/her company’s debts and subsequently the company was wound up. • The bankrupt had outstanding judgment debts and overdue accounts. • Admissions of financial difficulties on loan applications or refinancing applications.
What is the market value The simplest way of determining market value of a real property is by having a registered property valuer conduct a full written valuation of the property. However, it is not uncommon for properties to be transferred for less than the market value because a proper valuation was not conducted at the time of the transfer and/or the consideration paid for the property was less than the market value of the property because only a portion of the consideration
For more information contact Alastair McGregor, Manager, Turnaround & Insolvency Division RSM Bird Cameron Partners on 02 6247 5988 or alastair.mcgregor@rsmi.com.au.
was paid in cash. Where proper consideration (i.e. money) has been paid then such consideration would be taken into account and the difference between the market value and the actual consideration paid would be the amount that the Trustee would seek to recover. Where voidable property transfers are identified by the Trustee, the costs and the likely benefits to the estate are assessed prior to commencing any formal legal action. Typically an estimate of the equity in the property (after mortgage payout) and the legal costs associated with the recovery action would be conducted. The Trustee also has the ability to negotiate a settlement without the need for formal legal action if it is appropriate in the given circumstances. So back to the question at hand, are undervalue property transfers that occur prior to bankruptcy voidable? As mentioned previously the simple answer would be yes. But the why is much more complex than the short commentary above. Each case is unique in that the consideration paid, the financial position of the owner, and the reasons for transferring the property are always different and must be assessed by the Trustee on a case by case basis. Professional advice should be obtained prior to transferring any property.
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Work Safety – construction and beyond
O Mark McCabe
In many ways, addressing health and safety in the construction industry is no different to addressing it in any other industry – it is all about management of risks.
f course, many of the risks faced by the construction industry are unique to that industry. The principles behind responding to them, however, are not. Risk management is an important way to protect your workers and your business, while at the same time complying with the law. It helps you to focus on the risks that really matter in your workplace - the ones with the potential to cause real harm. In many instances, straightforward measures can readily control risks. For example, ensuring spillages are cleaned up promptly will reduce the likelihood of people slipping, just as keeping cupboard drawers closed, or taping down cords on the floor, can help to ensure people do not trip over unnecessary hazards. The law does not expect you to eliminate all risks - that is not always achievable, no matter how desirable it might be - but you are required to protect your workers as far as is reasonably practicable. Risk management is one of the tools available to you to achieve that. Where risks can’t be eliminated, you are required to take all the reasonably practicable steps you can to minimise, or mitigate them. In order to achieve that your management team needs to understand how to manage risks. Even better still if your workers get this too! Good Management Practice “Risk management is recognised as an integral part of good management practice. It is an interactive process consisting of steps, which, when undertaken in sequence, enable continual improvement in decision making. Risk management is the term applied to a logical and systematic method of establishing the context, identifying, analysing, treating, monitoring and communicating risks associated with any activity, function or process in a way that will enable organisations to minimise losses and maximise opportunities. Risk management is as much about identifying opportunities as avoiding or mitigating losses” - Australian Standard AS/ NZS 4360:1999 - Risk Management Defining Hazard and Risk Hazards and risks are not the same thing.
A hazard is an act or condition that has the potential to cause damage to plant or equipment, or result in an illness or injury. Hazards can be categorised by the type of outcome, energy exchange process or geographic location - e.g. manual handling hazards, slips and trips, laundry hazards. A risk is the likelihood of a specific consequence occurring. Risks are usually expressed in terms of likelihood and consequences - e.g. the risk of contracting Ross River Fever while working in Tasmania might be considered to be very low. in many cases, the terms ‘hazard’ and ‘risk’ are used interchangeably. However, remember that ‘hazard’ has a more general application and ‘risk’ a specific application. Risk management has three main stagesrisk identification, risk assessment and risk control. In many cases, in the early phase of identifying risk we may in fact be looking to identify all the risks associated with a particular activity or process, in which case the activity is more properly referred to as hazard identification, risk assessment and then risk control. Strategic approach to the management of hazards and associated risk The aim of the process is to minimise the likelihood or consequence of a particular risk to a level that is minimal and that we are prepared to accept. The Risk Management process includes: 1. Identification of a hazard 2. Identification of the associated risk 3. Assessment of the risk - which includes: - the likelihood - the consequence assigning a priority for rectification 4. Control of the risk - using a hierarchy of control measures consisting of (in order of preference): A. Elimination B. Substitution C. Isolation D. Engineering Controls E. Administrative Controls F. Personal Protective Equipment (PPE) 5. Documentation of the process 6. Monitoring and Review of the process. www.worksafe.act.gov.au worksafe@act.gov.au | T: 02 6207 3000
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