AUGUST/ SEPTEMBER 2018
The Voice of Club Community
SERVICE BULLETIN
The bi-monthly newsletter for WA’s Club Industry
SAVE THE DATE 16 OCTOBER 2018
CLUBS WA INDUSTRY FORUM AND SUPPLIER EXHIBITION METRO HOTEL, PERTH
HOW TO APPLY FOR GRANTS
PEPPERCORN LEASES
CLUBS WA CAN ASSIST PAGE 8
ACCOUNTING STANDARDS ARE CHANGING PAGE 14
INTERACTIVE WEBINAR SESSIONS NEW SERVICE PAGE 13
WORKPLACE RELATIONS 3 AMAZING ARTICLES FROM PAGE 18
CLUBS WA STATE COUNCILLORS
CLUBS WA PRESIDENT Wally Maker Royal Fremantle Golf Club
REGIONAL VICE PRESIDENT Greg Hadlow Burekup & Districts Country Club
METRO VICE PRESIDENT Geof Irvin Kalamunda RSL
TREASURER/FINANCE OFFICER Chris Richardson Dalkeith-Nedlands Bowling Club
REGIONAL COMMITTEE Sandra Bolton Yunderup Sport & Recreation Club
METRO COMMITTEE Wayne Barrett Thornlie Football and Sports Club
METRO COMMITTEE Don Bartlem Hartfield Country Club
REGIONAL COMMITTEE Leone Bolto Katanning Club
REGIONAL COMMITTEE Michelle McDonnell Kellerberrin & Districts Club
METRO COMMITTEE Ray Mansfield Willetton Bowling Club
REGIONAL COMMITTEE Geoff Mitchell Ledge Point Country Club
REGIONAL COMMITTEE Stan Sherry Boddington Sports Club
Clubs WA - The peak body for licensed and community clubs since 1957
STAFF CHIEF EXECUTIVE OFFICER
BUSINESS SUPPORT COORDINATOR
TRAINING & DEVELOPMENT MANAGER
OFFICE ASSISTANT
BUSINESS COMPLIANCE MANAGER
ACCOUNTS ADMINISTRATOR
Karen Giles
Bob Shanks - training@clubswa.com.au
Linda Soerianto - exec@clubswa.com.au
TRAINING ADMINISTRATOR
Toni Jessup - info@hat.edu.au
MARKETING & BUSINESS DEVELOPMENT Ian Dang - marketing@clubswa.com.au
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Michelle Hall - admin@clubswa.com.au
Jean Davis - info@clubswa.com.au
Therese Bemet - development@clubswa.com.au
CEO REPORT Karen Giles Clubs WA CEO
Dear Member,
• ATO payments have been made, including superannuation; As many of you are currently preparing your financial • There is proof of documentation statements for upcoming AGMs, it is a timely reminder showing suppliers have been paid on to remember to report to your members as per your time; constitution AND the Association Incorporations Act • Receipts are provided for purchases 2015. that correlate to club business; • Food Service agreements are in place The following is required based on your level of and reviewed, for use of the kitchen revenue: where you have a contract caterer; and • Tier 1 Clubs and Associations (under $250,000): • Staffing costs keep within budget. Financial Statements* • The President and Committee need to ensure that • Tier 2 Clubs and Associations (from $250,000 to your Manager, whether in a voluntary position or $1,000,000): Review* paid, is aware of compliance regulations in the not• Tier 3 Clubs and Associations ($1,000,000 and for-profit sector. over): Audit • Ensure that all committee members take responsibility for the performance of your Association *If your Tier 1 or Tier 2 Club or Association still has - distribution of main tasks when voluntary must be the requirement for an audit in your constitution clearly delineated. then you must provide audited statements to your members. The compliance requirements for Associations can at times be overwhelming. Clubs WA holds bi-monthly In recent months Clubs WA has unfortunately had to courses specifically tailored to our industry and to speak to many clubs who, for a variety of reasons, have date we have had over 100 organisations participate had difficulties with their finances. This has resulted since we started these courses in 2016. I strongly in great stress for our volunteer committee members encourage those that haven’t participated to book trying to turn their clubs around. It is heartening to in over the next year to ensure you have the strong hear that many are slowly making headway, thanks foundations required to move your organisation to the commitment of their committees and the forward. For more information on our courses volunteer efforts of their members. tailored for either Committees or Managers, please visit our Website under Events. Some lessons learnt from these clubs include: • Do not rely solely on one individual to produce Please also review the article on page 14 regarding the financials – this position must be overseen. the new requirements by the ATO, as provided by For example, if your club currently has a manager Clubs WA Auditor and Industry Partner, Francis A taking stock of finances, ensure that you also Jones. have a Treasurer to review all documents. • The person in the Treasurer role should always Best wishes, check for the following each quarter: • Actual bank statements are provided Karen showing cash reserve status; • There is both an Accounts Receivable and Accounts Payable summary;
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13th
INDUSTRY FORUM & SUPPLIER EXPO
Get your Industry Forum tickets DON’T MISS OUT Limited seats Session 1 Legislation Compliance
Session 2 Panel Includes:
This year’s industry forum will focus on a number of areas raised by our member clubs, including: • How to be ready for an inspection – whether that is a liquor inspector, a police officer or a health inspector • How to deal with other legislation less familiar to clubs – including the Privacy Act. Jessica Patterson Alec Weston Lavan Lavan Our speakers Clubs WA Partner include experts Seniorfrom: Associate Liquor Licensing, Legal Partner Lavan; Racing, Gaming and Liquor; Hospitality andLiquor EventsEnforcement Unit. and the Police
Liquor Control and Associations Incorporations Acts. Also catch up with the latest in technology, food and beverage and administration by attending our Supplier Expo directly before the Industry Forum.
Racing, Gaming and WA Police Liquor Enforcement Liquor Directly following the Forum there will Team be a Club Inspection Unit
Manager’s Masterclass. This session will assist Club and Bar Managers with the understanding of compliance whilst growing the club business
If you have a question youTUESDAY would like our panel METRO HOTEL PERTH to answer, please email Accommodation deals are available from the 16TH OCTOBER 2018 61 CANNING HWY, SOUTH PERTH marketing@clubswa.com.au Clubs WA website or call Jean in the office on (EARLY BIRD) 8:40am - 1:30pm $82.50 1300 P/P 640 616. We will also be providing you with updates on$90 the P/P (After 21/09/18)
Forum, Luncheon OTHERExhibition, CLUBS WA EVENTS 16 October 2018 • Industry Forum & Expo • Metro Hotel 16 October 2018 • Club Manager’s Masterclass • Metro Hotel 20 PHONE November 2018 • South West Regional WEB Meeting • Busselton TBC : 1300 640 616 EMAIL : info@clubswa.com.au : www.clubswa.com.au/CIF 28 November 2018 • AGM & Sundowner • TBC Please visit www.clubswa.com.au for more information
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INDUSTRY FORUM & SUPPLIER EXPO
Session 1 Legislation Compliance
Jessica Patterson Lavan Partner Liquor Licensing, Hospitality and Events
Alec Weston Lavan Senior Associate
Session 2 Panel Includes:
Racing, Gaming and WA Police Liquor Enforcement Liquor Inspection Unit Unit
TUESDAY METRO HOTEL PERTH 16TH OCTOBER 2018 61 CANNING HWY, SOUTH PERTH Exhibition, Forum, Luncheon Please see Registration Form Insert to register your place.
PHONE : 1300 640 616 EMAIL : info@clubswa.com.au
WEB : www.clubswa.com.au/CIF
Road safety call to action for WA ROAD SAFETY COMMISSION Community and business leaders have come together The approach to road safety includes Safe Road Use, for two unique road safety events in preparation for Safe Roads and Roadsides, Safe Speeds and Safe the State’s next road safety strategy to guide WA’s Vehicles. journey to zero deaths and serious injuries. More than 120 delegates attended the Road Safety The Road Safety Leadership Breakfast and the Monash Leadership Breakfast at the Perth Convention and University Accident Research Centre’s Executive Road Exhibition Centre, while dozens more participated Safety Management Program brought WA leaders in the road safety conversation in regional centres together to discuss the change in thinking required around the state via livestream. to reach the target of zero trauma. Following the leadership breakfast, 50 delegates Acting Road Safety Commission Iain Cameron said participated in the Monash University Accident the purpose of the event was to begin a conversation Research Centre’s Executive Road Safety Management about how those leaders can take road safety action Program, a three-day intensive course to create a within their communities and organisations. network of road safety leaders in Western Australia. “We need to look at where we are currently placed, as we come to the end of the state’s road safety strategy, Towards Zero 2008-2020,” said Mr Cameron. “As we develop the framework for the next strategy around WA’s journey to zero road deaths and serious injuries, we want our leaders to become road safety advocates and make the paradigm shift within their businesses and communities to reach that goal of zero.”
The Road Safety Commission will identify and develop further opportunities for livestream events to engage with regional stakeholders and community after the success of the Leadership Breakfast livestream. Those interested in listening to events and asking questions should express interest at info@rsc.wa.gov.au.
SHARE YOUR CLUB’S STORIES Got a story you want to share with the world? This is a great opportunity to promote your club and share the success/knowledge with other clubbies in WA through Clubs WA’s Bulletin. Please submit your article to marketing@clubswa.com.au.
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Clubs WA “How to” Series How To Apply For Grant JEAN DAVIS, OFFICE ASSISTANT, CLUBS WA Clubs WA has received a lot of queries about grant applications, more specifically how to get started and what is required to submit an application successfully. In this edition of our “How to” series, we will be going through “Frequently Asked Questions” with the help of Clubs WA’s Business Compliance Manager, Linda Soerianto. 1. Who can apply for Grants? From what Clubs WA have seen the number of applicants that apply tend to be Incorporated Clubs. Keep in mind that not all grants are the same and have the same requirements, so when you are doing your research make sure to look at their set of requirements as it may not be limited to only Incorporated Clubs. 2. How to know what Grants to apply for? The best way find out what grants are suitable to your project is through research, as each provider offers different grants. Funding for projects are offered by many sources in Western Australia. The main providers to look out for are Local Government; Department of Local Government; Sport and Cultural Industries; Lotterywest; Healthway; Department of Communities; and the Department of Primary Industries and Regional Development. Lotterywest provide community related grants, such as architectural, events and project grants. Healthway is known for providing funds for community, sport and arts activities but also for healthy living promotion projects.
Department of Communities offers a range of grants to over 150 services in 9 different categories, so chances are they will have something suited to your project. Department of Local Government; Sport and Cultural Industries offer funding to clubs that have sport and active recreation programs. 3. What is the first step in Grant Writing? “Be prepared”. That is definitely the most important step in grant writing. Make sure to have a grant provider listed; do the necessary research into the requirements of the grants; have all aspects of your project outlined clearly; know all relevant information on the grant (such as submission deadline, policy on late submissions) and be dedicated to putting the time and effort into your application. 4. Who can help with the Writing process? At Clubs WA, we understand how difficult the grant writing process can be, which is why Clubs WA now offers a grant writing assistance service. This includes preliminary discussions and meetings; brainstorming sessions; strategy development; writing the grant; and proofing and submission.
5. What is required to submit a successful application? The most important tip we can give you is “pay attention to the requirements”. As long as you meet all the requirements of your selected grant, the application will be successful in submission. Another tip we can give you is “be specific”. When writing a grant, you must include all information, including minor detail, down to the last cent, to be one hundred percent sure that you don’t leave anything out because in the end, it all matters. 6. Why clubs should apply for grants? If a club does not have the appropriate funds for their idea, grants are a perfect opportunity for not-for-profit clubs to be able to make their ideas a reality and potentially allow for organisational growth. For more information on grants and grant writing, you can contact Clubs WA on 1300 640 616 or at info@clubswa.com.au.
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CLUBS WA NOTES & REMINDERS “EVEN BETTER IF...”
Clubs WA invites you to share your feedback on your membership with Clubs WA, in particular what tools, information or services would make our industry support even better. We are currently reviewing the Clubs WA member website, and would value your input on what information or functionalities you would like to see available on this forum. By sharing your feedback and ideas, you are helping to make our industry even stronger. Please email your feedback to info@clubswa.com.au
CLUB ANNUAL GENERAL MEETINGS Dependent on when your Club’s end of financial year is, it might be time to start organising your AGM. Refer to your current constitution for when it must be held and notice requirements. If your constitution is silent, than under the Associations Incorporation Act 2015 an association must hold an AGM once in every calendar year, and within 6-months after the end of the association’s financial year.
MARKETING MANAGER, IAN DANG I have met half of the sponsors/partners and all have decided to extend their partnership agreement! I am looking forward in a prosperous long-term relationship, these partnerships will ultimately provide extra services to Clubs WA’s members. My short time at Clubs WA, I have been blown away by our successful clubs, so it’s not always doom and gloom for the club industry. Ideally, I will start sharing these stories as an industry benchmark and to inspire other clubs to improve on their practices. Currently, we are working hard on the 13th Industry Forum and Supplier Exhibition, 16th October, held at the Metro Hotel. This year, we are aiming to have 30 exhibitors and 120 delegates. Registration is now open. Your club success, is our success! We are now providing
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grant writing/submission services at Clubs WA and the team is now waiting to assist you. We love to hear from you, please send us your stories, we love to promote your articles/events on our Facebook page, Twitter, website, E-newsletter and more.
CHECK THAT YOUR INCIDENT REGISTERS & BAR SIGNAGE ARE UP-TO-DATE In case of inspection by RGL over winter, make sure that your required signage and registers are up-to-date and that all staff and volunteers know where to locate such materials. Clubs WA is more than happy to come out to your venue and conduct an ‘audit’ to better prepare your club and staff for formal RGL inspections.
LIQUOR CONTROL ACT AMENDMENTS AND YOUR CONSTITUTION The government is currently working on legislative amendments to the Liquor Control Act 1988 (the Act) regarding clubs, which is expected to take effect by the end of September 2018. This includes the visitor provisions as well as our licenced full or restricted clubs no longer having to provide Racing, Gaming and Liquor (RGL) with a copy of the club constitution for pre-approval, before going to members. However, until this time, the existing requirements of Section 48 of the Act will still be in place. Therefore, if your club requires amendments to your constitution for a general meeting prior to the legislation changes taking effect, then prior approval of the Director of Liquor Licensing must be sought. It is anticipated that if your general meeting to amend your constitution will be held from October 2018, it will be unlikely that you will need to seek prior approval of your constitution from RGL - however please check with Clubs WA first for an update of expected timings. Clubs WA will keep our member clubs updated and will notify you once the amendments have been made and the new regulations are in force.
T&Cs apply. Online only. Money Back up to $50. Giddy-Up and Live Vision available to active account holders only. Excludes NSW, SA & VIC residents. Fixed Odds only. Full T&Cs available at TABtouch.com.au. Gamble responsibly.
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CLUBS WA 2018 EVENT SERIES RESERVE YOUR SEATS TODAY: Email Ian at marketing@clubswa.com.au
Registrations open: Bowls Club Committee Compliance Member Price: $50inc GST per person | Non-Member Price: $110inc GST per person Inclusions: Refreshments, Certificate of Participation, and a compliance handbook for continued reference. Join Clubs WA for a comprehensive workshop on your club committee compliance obligations, held in partnership with Bowls WA. The workshop will address compliance topics under the Associations Incorporation Act and Liquor Control Act, including committee responsibilities, the club’s constitution and finance. Workshop fees are partly subsidised by Bowls WA.
Choose from one of two workshop dates. Date: Monday 10 September Time: 5:30pm - 9:00pm Venue: Manning Bowling Club
Date: Thursday 27 September Time: 12:30pm - 4:00pm Venue: Bunbury Bowling Club
Seeking passionate Volunteers to conquer the Club Industry WE NEED:
• Events Coordinator • Graphic Designer • Writer/Journalist To join the Clubs WA team, please email a cover letter and CV to marketing@clubswa.com.au
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INTERACTIVE WEBINAR SESSIONS
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BOB SHANKS, TRAINING AND DEVELOPMENT MANAGER, CLUBS WA Clubs WA is now able to come to you to provide convenient and cost-effective information sessions, as well as online training sessions for RSA, Approved Manager, Food Handler, Food Safety Supervisor, Club Manager and Club Committee Compliance. So, what’s an interactive webinar? Clubs WA webinars are online meetings that provide for information sessions over the Internet. The sessions can be either; 1. A one-way presentation with a question and answer session at the end, or 2. Be interactive throughout the whole of the session. SO, WHAT DO YOU NEED? You just need a computer, laptop, tablet or even a smartphone with an internet connection to receive the webcast and be able to engage in conversations. • You can also view the session on a large screen TV or projector. • You can add a WEBCAM if you like to make it more personal – we’d like to see you as well!
disciplinary hearing? Anything significant? Then how about inviting us to your next committee meeting via webcast for a chat before you start. We can discuss important matters that may be arising or provide a session on a specific topic that is important to your club at the time. Simply make an agenda item – book us in for 30-minutes to an hour – and then we leave the meeting so you can get on with business. MULTIPLE LOCATION INFORMATION SESSIONS We will soon be providing webcasts on specific topics and will be inviting Clubs with an opportunity to register. This is a very cost effective way to deliver as the costs will be spread across many clubs and individuals, and proves to be convenient for everyone as no one has to travel to get to the meeting.
AVAILABLE FOR ONLINE TRAINING We often travel around the state providing training sessions, but as the distances can be extreme and accommodation costs expensive the cost for us to DISTANCE IS NO LONGER AN ISSUE visit you can be both uneconomical and impractical. Our webinars are proving very popular due to the fact We are now able to provide webcast training sessions they are inexpensive and can cover great distances. to you for; We recently conducted two (2) sessions with clubbies • Club Committee Compliance in Ravensthorpe and Mingenew at the same time. • Club Management training Both locations are over 400 kms from Clubs WA and • Responsible Service of Alcohol approximately 800 kms apart from each other and • Approved Manager training yet it was as easy and convenient as if we were in the • Basic Food Handler training same room! • Food Safety Supervisor training • Customer Service training The two (2) four-hour sessions were conducted at Sessions range from 3 to 4 hours and can be different times on different days – one at night and conducted during the day or evening. the other in the middle of the day without a glitch. Call Bob on 1300 640 616 to discuss your options in WE CAN BE IN THE COMMITTEE ROOM WITH YOU more detail. Do you have a general meeting coming up? A
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Clubs to recognise Peppercorn Leases on their Balance Sheets DANIEL PAPAPHOTIS, AUDIT DIRECTOR, FRANCIS A JONES Does your club have a peppercorn lease arrangement? If the answer is yes, accounting standards are changing and board/committee members need to be aware of the changes that will affect the way your financial reports are presented.
Effective Date This new standard becomes mandatory for annual periods beginning on or after 1 January 2019. If your club’s year end is 31st December, then you must report the new changes on or after 1 January 2019. If your club’s year end is 30th June, then the club must report the new changes on or after 1 July 2019.
What is a Peppercorn Lease? Peppercorn Leases are leases where the lease payments do not reflect the fair value of the How does this new standard impact the property/land being leased and are common in the recognition and measurement of your Club’s Not-for-Profit sector. Peppercorn Leases? Currently, Peppercorn Leases for premises are Does your Club have a Peppercorn Lease generally classified as operating leases under AASB arrangement in place? 117 Leases. The lease payments prescribed in the Example of the types of Clubs & Associations that peppercorn lease is classified as expenses in the may have peppercorn lease arrangements: profit and loss. In most situations, this amount is a • Golf clubs on crown land nominal figure, for e.g. $100 a year. • Boat and Yachting clubs from local councils • Sporting clubs from local councils Clubs with Peppercorn Leases will now need to follow • Surf Lifesaving Clubs AASB 1058 to recognise and measure the lease as • Schools leasing crown land follows: 1. The right-of-use asset (property/land) will be New Standard recognised and measured at fair value under The AASB 1058 Income of Not-for-Profit Entities AASB13 standard applies to transactions where the 2. A lease liability for the nominal peppercorn consideration to acquire an asset is significantly payments will be recognised under AASB 16 less than fair value essentially to enable the Club to 3. The difference between points 1 & 2 (above) will further its objectives. be recognised immediately in the profit or loss as income. The implementation of this new standard results in the financial statements reflecting the true value of economic resources available to the Club.
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The new changes is best described by way of an example: FACTS • • • •
Club A has an existing peppercorn lease on 1 January 2019 Club A’s year end is 31st December 2018 Club A, a sporting club, was built on land leased to it by the local council. The local council (the lessor) leases the land to Club A (the lessee) for a payment of $10 per year for 99 years ($10 per year from 1930 to 2029). • On 1 January 2019 the present value of the remaining lease payments is $100. i.e. – there are 10 years remaining in the current lease. • The fair value of the right-of-use land is $2 million at 1 January 2019. Prior to applying AASB 1058, Club A had not previously recognised a right-of-use asset for land or a lease liability in their balance sheet. Club A accounts for the peppercorn lease in accordance with the transition requirements of AASB 1058 by: • Recognising the right-of-use asset of land in the balance sheet at 1 January 2019 of $2 million • Recognising the lease liability of $100 The journal entry for the accounting treatment is: 1 January 2019 Debit Credit Right-of-use asset land (Non-Current Asset acct, e.g. 1-XXXX) $2,000,000 Lease liability (Non-Current Liability acct, e.g. 2-XXXX) $100 Income – unrealised changed in market value (Other Income acct, e.g. 8-XXXX or 9-XXXX) $1,999,900 The journal entry required to record the year’s lease payment and subsequent payments: 1 January 2020 Debit Credit Lease Liability (Non-Current Liability acct, e.g. 2-XXXX) $10 Lease Payments Expense (Expense acct or Other Expense acct, e.g. 6-XXXX or 9-XXXX) $10 CONTINUED ON PAGE 16
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Important notes: • Valuation of the right-of-use asset does not need to be conducted by a professional valuation expert, rather can be performed by the Club’s board. However, we recommend the valuation be based on current market data and research, as there needs to be some basis as to how the valuation was calculated. • The standard is exempt for short-term leases less than 12 months
Other changes to accounting standards
Do you receive upfront fees, grants or donations? Under the new revenue standard, revenue from grants, donations and fees will be recognised where any associated performance obligation to provide goods or services is satisfied, and not immediately upon receipt as usually occurs with current standards. Upfront Fees New members for certain clubs (e.g. Golf Clubs) must pay an enrolment (nomination) fee on top of their annual fee in their first year of joining the club. In previous years, this enrolment fee would be classified as income the day it’s received. Under the new rules, the club now must: • Calculate the average duration of member’s years of service • Apportion the years of service by the total of the enrolment fee In the golfs club example, if members on average stay for 10 years, and the enrolment fee is $1,000, then the following journals are required: Year 1 Dr – Cash $1,000 Cr – Enrolment fee income $100 Cr – Contractual liability $900 Year 2 and every year until year 10 Dr – Contractual Liability $100 Cr – Enrolment fee income $100 Grants and Donations If there are specific conditions attached to the grant or donation then income is recognised when a specific performance obligation is satisfied. A specific performance obligation will be specified in the grant agreement or donation agreement. For an example: A club receives a grant to purchase equipment. The purchase obligation is when the equipment is
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installed and ready for use. Another example is a grant for a cultural not for profit that organises events in central Australia. If the grant agreement has restrictions on income and states that the income must be spent on events and performances in central Australia, then income can only be recognised in the accounts once the performances have occurred. Previously under the old standards, income was recognised when expenses were incurred, normally monthly, disregarding if the performances were completed. Volunteers Clubs can also now choose to account for their volunteer labour. If your club wishes to account for volunteer services, then the journal entry would be: Dr - Volunteer Services (Expense) Cr - Donated time of Volunteers (Income) It is recommended that if your club chooses not to account for volunteer labour, that this should be proposed as a motion at a minuted Committee meeting to be moved by a majority of Committee members. Additionally, you will need to include a note in the financial statements stating the clubs position on accounting for volunteer services. For more clarification, please contact your auditor or Clubs WA’s auditor Daniel Papaphotis from Francis A Jones via email Daniel@faj.com.au or phone 9335 5211.
FREE
HEALTHY FINANCES FOR CLUBS MEMBERS Sausage sizzles are a club staple for fundraising but the return on effort can be unhealthy. Talk to B&C Finance today to learn how your Club can become healthier through a referral program to help Club members save money on their finances whilst raising some serious funds for YOUR CLUB at the same time.
Michael Saunders 0427 548 871 michael@bcfin.com.au www.bcfin.com.au
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ABANDONMENT ISSUES LENA BERTUCCIO, CLUBSNSW MEMBER ENQUIRIES ADVISOR. SOURCE: CLUBLIFE If an employee does not turn up for work, repeatedly and with no explanation, don’t assume they no longer work for you.
typically involves scenarios such as absence without requesting authorised leave, “walking out” of a shift, absence beyond the agreed return date from authorised leave, or failure by the employee to When I was 13, I started my first job, at a fast food respond to the employer’s attempts to communicate joint we’ll call… Schmungry Shacks. And it was the with them about their absence. worst. I got nosebleeds when I worked the flame griller and I almost burst into tears when a group If an employee doesn’t turn up for work for a while of older boys paid for their meal entirely in five and offers no explanation, the employer may be cent pieces. I managed three months at Schmungry tempted to claim abandonment and scratch the Shacks before I called in sick one day and never went employee off the roster, especially if that employee back. Not my proudest moment, I’ll admit, although is a casual. Unfortunately, a series of no-shows is Schmungry Shacks didn’t seem too worried about not usually enough evidence to conclude that an my departure. As far as I can remember, they made employee has abandoned employment. no real attempt to contact me. In a recent case before the Fair Work Commission Sound familiar? Abandonment of employment refers (FWC), a full bench overturned a 2016 decision to to a situation when an employee fails to attend work dismiss an employee’s unfair dismissal application. for reason/s unknown to the employer and it is Mr Bienias worked for Iplex Pipelines Australia reasonable to conclude that the employee no longer Pty Ltd for over 30 years. There was no record of wishes to work for that employer. Abandonment performance or disciplinary issues until 2015 when
WORKPLACE RELATIONS FEATURE
problems relating to performance and breaches 1. Review the employee’s contract of employment of policies occurred. In early 2016, Mr Bienias was and the club’s employee policies for an absent four shifts in a row and was warned about abandonment of employment clause. the importance of notifying Iplex of an intended 2. Contact the employee – a phone call and an email absence prior to the commencement of a shift. Over are appropriate. If there is no response within 24the next few months there were more absences and 48 hours, send a text message to the employee’s warnings. Then, on 12 May, he left his shift early, mobile and start asking staff members if they have never to return again… any relevant information about the employee. Carefully record the communication attempts in Iplex made attempts to contact Mr Bienias with phone a file note and place it in the employee’s file. calls and letters requesting he urgently contact Iplex. 3. Consider the possible reasons for the absence The company even sent the police to his home to and lack of communication. Case law shows that conduct a welfare check. After the police confirmed the FWC is likely to focus on the reasons behind that they had made contact with Mr Bienias, Iplex the absence rather than the amount of time the concluded that he had abandoned his employment. employee was inexplicably off work. 4. Send a formal letter of request, giving reasonable Mr Bienias’s employment was covered by the notice, for a meeting at a specific time and date to Manufacturing and Associated Industries Occupations discuss the employee’s continuing employment Award 2010 (Manufacturing Award). Under the at the club. The employee should be advised Award’s abandonment clause, an employee’s that they can have a support person present. The absence from work for three days without consent or letter should indicate that a failure to attend the notifying the employer is evidence of abandonment. meeting and/or failure to respond to the meeting The employee then has 14 days from the last contact request without a genuine reason will result in with the employer to establish that they were absent the termination of the employee’s employment for a reasonable cause before they are deemed to effective from the last day they worked at the have abandoned their employment. club. 5. If the employee attends the meeting, listen to In the original decision, Senior Deputy President the employee and give them an opportunity to O’Callaghan concluded that while the clause created respond to questions about the absence. Do not potential iniquities in the employment relationship, make a decision to terminate during this meeting he was unable to apply it in any other way than to say – adjourn it to weigh up the facts. a failure by the employee to contact the employer 6. Decide whether disciplinary action or termination means they have abandoned their employment and is appropriate and advise the employee of the thus ended the employment relationship. decision. This should be confirmed in writing. The full bench disagreed: “It would be extraordinary for the [clause] to operate as automatically terminating the employment irrespective of the wishes of the employer.” In other words, abandonment does not equal termination – the employer must take the additional step of terminating the employment. Similar clauses appear in other modern awards but there isn’t an equivalent clause in the Registered and Licensed Clubs Award 2010 (Clubs Award). There are, however, a number of things an employer can do when faced with a potential abandonment of employment situation:
Working out whether an employee is absent with a genuine reason or simply has no intention of returning to the workplace can be a grey area for employers, and often involves a degree of guesswork. Without a formal resignation, it is up to the employer to take that final step of terminating the employee. In light of this, it turns out I might still be an employee of Schmungry Shacks – would you like fries with that?
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Members get 50% off Clubs WA’s online training courses through our training portal HAT
Nationally recognised liquor training • RSA - SITHFAB002 Provide responsible service of alcohol • MLPLCA401A Manage legislative responsibilities for the sale, supply and service of liquor
Nationally recognised food safety training • Food Handler - SITXFSA001 Use hygienic practices for food safety • Food Safety Supervisor - SITXFSA002 Participate in safe food handling practices and - SITXFSA001 Use hygienic practices for food safety
Clubs WA online courses for the club industry • Committee Compliance - Recommended for all committee persons • Club Manager’s Training - For both new and experienced managers • Customer Service - Provide excellent customer service
Clubs WA’s in-house training
Clubs WA can tailor in-house workshops and training days for your club Committee or Management team. Please contact Michelle on 1300 640 616 or at admin@clubswa.com.au.
Clubs WA is a Registered Training Organisation (RTO6226), and offers nationally recognised food and liquor training, and tailored workshops for WA’s vibrant club industry, through our training portal Hospitality Alliance Training.
CONTACT US NOW 1300 640 616 www.hat.edu.au info@hat.edu.au
rsc.wa.gov.au 21
LYING TO GET THE JOB *According to HireRight’s 2017 employment screening benchmark report, 85 percent of employers caught applicants fibbing on their résumés or applications, up from just 66 percent five years ago. VIKI GNJATIC, CLUBSNSW MEMBER ENQUIRIES TEAM LEADER. SOURCE: CLUBLIFE
As I have become older and wiser, I have come to the realisation that most people tell some sort of fib (lie seems too harsh) on their resume or a job application to help them land that dream job. While extending your service in various roles for a few months or exaggerating your involvement in a project can seem harmless, it can get you (or your staff) into trouble if you’re not careful.
But what happens when you find out your employee has lied about a qualification? Or hasn’t disclosed a medical condition that now affects their ability to do the job? What about prior criminal convictions? Well, it may seem straightforward, right? A lie is a lie? Turns out this is not always the case, and employers need to proceed with caution when dealing with these matters.
There’s no doubt about it, the job application gig is a tough one. These days there is abundant criteria and numerous procedures to satisfy before you even have a shot at getting the job. Then often you craft careful answers to endless selection criteria questions only to be told “unfortunately, on this occasion you were unsuccessful”. It’s no wonder people tell little porkies here and there to get their foot in the door.
Does the name Andrew Flanagan ring a bell? He is the former Myer executive who landed a $400,000 gig with his impressive CV detailing his experience in health, retail and commerce. Myer’s announcement of Flanagan’s appointment mentioned his experience at a retailer named Inditex. Within 24 hours Myer found out that Flanagan had never worked there and questioned him. During that meeting Flanagan feigned “shock” and left to gather “evidence” of his
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WORKPLACE RELATIONS FEATURE employment at Inditex, only never to return.
governments the authority to impose a $5000 fine on applicants for CEO roles who provide false or If this can happen to a retail giant like Myer, it can misleading information about their qualifications in happen to any employer, large or small. If an employee the application process. has falsified qualifications or experience to get a role and those qualifications and experience are required Although clubs don’t have the power to issue fines, for that role, there may be grounds for the employer to there is something you can do to make sure you terminate the employment relationship. don’t end up hiring someone who is not qualified or for some reason cannot do the job you hired them In the case of Applicant v GBE [2013], the Fair to do – two words: due diligence! Make sure you do Work Commission (FWC) rejected a government thorough background checks, as painful as they are, employment advisor’s unfair dismissal application, not including: because he didn’t disclose prior child-sex offences in • Check university qualifications. his job application, but because the convictions meant • Don’t just get the name and number of a referee – he couldn’t perform the inherent requirements of ask for the job title and name of the organisation. the role. GBE conducted belated criminal checks, and Call for references – more than just one! when they found out about the employee’s previous • Make sure the referee is not a friend – referees convictions he was dismissed. Commissioner Wilson should be colleagues and former managers. said it was likely that he would have continued to be • Match qualifications and experience on job in contact “with underage people on a semi-regular applications/CVs with online information such as basis”. Other relevant factors included that the advisor • Look for warning signs like regular big gaps was “not entirely truthful” before starting work with between roles and companies that are difficult to his employer, and that he knowingly signed a contract verify. of employment that put him on notice that police • High level roles or roles with specific requirements checks could be carried out. (e.g. working with children) may require criminal checks and pre-employment medicals. With an estimated 25 per cent of job applicants guilty of including embellishments and falsehoods in their The bottom line is that dishonesty and misleading CVs, some employers have had enough and are using information provided by a candidate can be grounds penalties and fines to discourage lying. Local councils for termination. To avoid getting to that stage, clubs are among a growing number of employers who have of all sizes should have processes in place to ensure had enough. Western Australia’s Local Government the candidate they employ is the right one. (Administration) Regulations give the state’s local
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ALL’S FAIR IN LOVE AND WORK LENA BERTUCCIO, CLUBSNSW HR SERVICE ADVISOR. SOURCE: CLUBLIFE LEE PIKE, CLUBSNSW SENIOR ADVOCATE - WORKPLACE RELATIONS. SOURCE: CLUBLIFE ONE of the best things about working in the club industry is the people you work with. There’s no denying that the conditions are ripe for budding friendships – and sometimes more. But there’s a villain in every story and in this one it is sexual harassment.
work and late at night, immediately. Not one month later, the acting CEO was informed that Mr RegueroPuente was still doing it and he was terminated after an independent investigation.
The investigation revealed that one of the employees was sent 70 unreturned texts in a row one evening, While the Workplace Relations team have advised on as well as photos of himself undressed. To one what you can do to avoid claims of sexual harassment colleague he openly acknowledged that she could (and the astronomical costs of getting it wrong), have him for sexual harassment, and to another he instead of seeing fewer claims of sexual harassment, texted “It’s alright. I checked the EBA. It’s off the we seem to see more and more. clock so no harassment suits.” The following three claims of unfair dismissal before In defence of his conduct, Mr Reguero-Puente argued the Fair Work Commission were all decided within that the messages were reciprocated, it was just his the past month. “banter”, and that the women should have told him to stop. He also claimed that his behaviour was a But first, a reminder of the definition. consequence of his mental illness. It has been unlawful for some time, but the conduct itself has evolved from the stereotypical old man pinching his secretary on the bottom. Social media and mobile phones have had a huge impact, not just on the forms of sexual harassment but on the extension of what (and when) is considered “work”. The Sex Discrimination Act 1984 defines sexual harassment as an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances. It does not matter if the person intended to sexually harass another person. The key word here is: unwelcome.
For the most part, the females conceded that the messages started out innocent but quickly became more and more sexualised. The Deputy President did not agree with Mr Reguero-Puente that the messages were not unwelcome, and in one case she found that the employee appeared to be “playing along” rather than instigating the sexual banter. In support of dismissing the application, the Deputy President drew the distinction between a case of an office romance between consenting adults, or a case of a man being led astray by a siren-like younger woman. This was not such a case.
ABARRA V TOYOTA MOTOR CORPORATION AUSTRALIA HOMER Abarra was employed at Toyota for 25 years until his termination in June 2016 for allegations REGUERO-PUENTE V CITY OF ROCKINGHAM relating to inappropriate conduct and relationships COLIN Ramon Reguero-Puente had been employed in the workplace, showing favouritism to certain by the City of Rockingham since 1990. In late 2017, he employees and for failing to implement the was warned to cease sending inappropriate texts and company’s policies. While these are the reasons for emails to his female co-workers, including outside of Mr Abarra’s termination, the case really focuses on
the inappropriate sexual comments and conduct by Mr Abarra. The case paints a picture of Mr Abarra. We’re talking comparing the size of his banana, talking “boom boom”, sharing his desk chair with two or three colleagues at a time, and asking for the women’s “sizes”. Mr Abarra suggested during the hearing that these allegations were misinterpreted; he was obviously comparing fruit sizes, so he specifically used the word “fruit” to be sure there was no confusion, “boom boom” was a term used about him and not by him, his chair was so big that it was “king size” and he was just looking to help his colleagues take a load off, and when he asked for women’s “sizes” he was talking about their overalls, not their breasts, obviously. While Mr Abarra had excuses for every scenario that was thrown at him, Commissioner Harper-Greenwell just wasn’t buying it, and ultimately decided that the dismissal wasn’t harsh, unjust or unfair. The Commissioner noted that Mr Abarra demonstrated a complete lack of remorse or recognition of the seriousness of his conduct, and it was dismissed. BRIDGWATER V HEALTHSCOPE OPERATIONS OLIVER Bridgwater was dismissed for serious misconduct after he was found to have engaged in conduct towards another staff member of an offensive, unwelcome and sexual nature, in breach of the respondent’s EEO – harassment and discrimination policy. He’d sent an offensive and unwelcome message of a sexual nature to a new graduate Registered Nurse on Instagram, while he was in a pub consuming alcohol, though not at work or performing work. In presenting his case before the Commission the Applicant suggested in his defense: • The message was at most at the lower end of the spectrum of sexual harassment; • The nurse did not make any objection to the message, and her response was objectively capable of conveying that the message was not unwelcome; • The communications were private between the applicant and the nurse; • The applicant and the nurse did not work directly together and the communication did not impact, or have the potential to impact, their working relationship; and • The communication did not occur at their workplace. The Commission decided against Mr Bridgwater and
upheld the decision to terminate his employment for serious misconduct. While the decision doesn’t explain the exact contents of the message sent by Mr Bridgwater, we have to assume that it was extremely inappropriate and lewd given the high bar that comes with justifying dismissal for serious misconduct.
WORKPLACE RELATIONS FEATURE These cases may look like extreme examples, but one in five women say they have experienced sexual harassment in the workplace. It has reached a point where the Australian Human Rights Commission announced in June this year a national inquiry into sexual harassment in Australian workplaces. The inquiry is a world-first, and will consider the economic impact of sexual harassment, the drivers of these behaviours, and the adequacy of the existing legal framework. Policies and training are crucial, but they don’t work in isolation. Employers need to take an integrated approach and engage staff in the process. Policies need to be well-drafted and training needs to be conducted regularly. Leaders need to role model the correct behaviours, and importantly need to take a stance when they see inappropriate behaviour in others. Whilst every case needs to be treated on its individual facts, clubs need to be aware that all the good work an employer does can be undone by letting individuals get away with misconduct, by appearing to sweep it under the rug. By assessing your club culture, you can identify risks and takes steps to remove barriers to reporting poor behaviour and foster a culture of zero-tolerance towards sexual harassment.
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Business Directory
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Finance & Strategic Management B&C Finance M: 0427 548 871 (Michael Saunders) www.bcfin.com.au Club Plus Superannuation Ph: (02) 9376 9422 www.clubplussuper.com.au Francis A Jones Ph: (08) 9335 5211 www.faj.com.au
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Insurance Gallagher Ph: (08) 6250 8300 www.ajg.com.au
Signs & Flags WA Flags & Banners Ph: (08) 9467 4646 www.waflags.com.au
AV Partner AV Partners Ph: (08) 9362 7653 www.avpartners.com
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Training Specialists Hospitality Alliance Training Ph: (08) 9417 7149 www.hat.edu.au ATI-Mirage Training Solutions Ph: (08) 9218 9059 www.ati-mirage.com.au *Promo code available
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Technology MCR Cash Register & POS Systems Ph: Andreas Nikakos - 0413 962 074 www.cashregister.com.au 21st Century Business Equipment Ph: (08) 9321 8902 www.21stcenturybuisness.com.au
Health, Safety & Community Road Safety Commission Ph: 1300 999 772 www.rsc.wa.gov.au St John Event Health Services Ph: (08) 9334 1311 www.stjohnambulance.com.au U.G.L.Y Bartender Fundraiser Leukaemia Foundation Ph: (08) 6241 1010 www.leukaemia.org.au Act, Belong, Commit Ph: (08) 9266 4648
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People on the Move The following is a list of opportunities available across Western Australia’s vibrant club industry. Do you have a vacancy open within your club? If so, we are happy to include it in the next issue of our newsletter, in our weekly e-updates and on social media. This is a free service for our members. Please email the job description to marketing@clubswa.com.au.
Senior Coach
Project Officer
East Fremantle Football Club
WA Cricket Association
Casual Membership Services Officer
Swimming Club Head Coach
Fremantle Dockers
Newman Churchland Swimming Club
Conference and Events Coordinator Food and Beverage Attendant
Game Night Casuals Perth Wildcats and Perth Lynx
The University Club of WA
The list of employment opportunities can be found on seek.com
Members get 50% off On all Clubs WA’s nationally accredited & non-accredited industry training Hospitality Alliance Training (Clubs WA Inc) RTO Code 6226
CONTACT US NOW 1300 640 616 www.hat.edu.au info@hat.edu.au RTO Code 6226
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PO Box 5101 South Lake WA 6164 • 2/12 Hammond Road Cockburn Central WA 6164 Email: info@clubswa.com.au • Telephone: 1300 640 616 • Facsimile: 1300 503 907 • Website: www.clubswa.com.au