SERVICE BULLETIN
clubs wawa clubs The Voice of the Club Community Monthly Newsletter Issue 3, March 2015
Clubs WA 2015 Awards for Excellence Best Club Chef
Think you have what it takes to be crowned Clubs WA’s Best Club Chef or Cook? Open to page 3 to find out more... clubs wa
IN THIS EDITION
Right of Entry
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Gosnells Footballers Cancer Commitment
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Awards for Excellence
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Licensing inspections and compliance
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March 2015
Clubs WA Service Bulletin A message from Karen Giles, Clubs WA CEO
Staff
If the first two months of 2015 are anything to go by, the indicators are that our club industry will be going through some massive changes this year.
CHIEF EXECUTIVE OFFICER Karen Giles OPERATIONS MANAGER Bob Shanks training@clubswa.com.au ADMINISTRATION MANAGER Linda Soerianto exec@clubswa.com.au ACCOUNTS ADMINISTRATOR Michelle Hall admin@clubswa.com.au MARKETING & EVENTS COORDINATOR Ashleigh Willer marketing@clubswa.com.au TRAINING ADMINISTRATOR Laura Famlonga info@clubswa.com.au /////////////////////////////////////////// For more information on anything printed in this issue of the Service Bulletin, please call 1300 640 616. Facebook/ClubsWA Twitter/ClubsWA Facebook/HospAllianceTraining Twitter/HATraining For more great tips and stories visit www.clubswa.com.au
In addition to this, the Association’s Incorporations Act is still going through debate in parliament and has the potential for our clubs and directors to be more heavily fined for non-compliance. Managing our clubs within this environment has always been challenging, especially with litigation on the increase. Miscommunication within clubs can often result in a
Whilst this may seem to paint a negative picture of our industry, it serves to remind us of the real focus of our licensed clubs: To successfully manage a premise to service the needs of the local community. It also reminds our team at Clubs WA of our own focus: To service the needs of our member clubs. As such, in the next few months Clubs WA will be rolling out a number of workshops aimed at helping your club to grow and prosper. The first of our series will be a focus on fundraising and in particular how to run a successful bingo event. Our following workshop will focus on helping your club identify and manage risk. Later workshops will focus on compliance and club management and administration. As Winston Churchill once said, “There is nothing wrong with change, if it is in the right direction”.
~ The Voice of the Club Community
CLUBS WA PRESIDENT Wally Maker
METRO COMMITTEE MEMBER Don Bartlem
METRO COMMITTEE MEMBER Geof Irvin
REGIONAL VICE PRESIDENT Greg Hadlow
REGIONAL COMMITTEE MEMBER Stan Sherry
REGIONAL COMMITTEE MEMBER Max McDonald
METRO VICE PRESIDENT Keith Bransby
METRO COMMITTEE MEMBER Chris Richardson
METRO COMMITTEE MEMBER Ray Mansfield
TREASURER Tom Helm
REGIONAL COMMITTEE MEMBER Ray Maclean
REGIONAL COMMITTEE MEMBER Leone Bolto
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Clubs WA Service Bulletin
State Council
Those of you who are regular readers of our publications are well aware of the issues our industry is facing with antiquated liquor licensing laws which restrict trade for both tourists and functions for our communities. Changes to the Liquor Control Act may see improvements to the administrative burden of extended trading permits for our clubs, however Clubs WA will continue to work closely with government to provide greater opportunities for our clubs to meet changing community needs.
growing number of disagreements amongst both club members and board members. In the heat of the moment, board members sometimes forget to follow the constitutional rules of the club and this ultimately ends in costly legal battles for our dedicated volunteers, which could otherwise have been avoided.
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Please address emails for State Councillors to exec@clubswa.com.au
Workplace Relations Right Of Entry
Who can enter your Club using a right of entry notice? Fair Work Inspectors may enter workplaces in order to ensure compliance with Commonwealth workplace laws. This does not apply to State workplace laws, including WorkCover inspectors. Organisational officials may also enter workplaces if they have been issued with a permit from the Fair Work Commission (FWC). What about entry to investigate a workplace contravention? An organisational official may only enter a workplace to inspect a suspected contravention of the FW Act if it relates to an employee whom the organisation represents. Such a notice must specify; the premises and date of entry, the particulars of the suspected contravention, the section of the FW Act that authorises the entry and a declaration by the official stating that they are entitled to represent the industrial interests of an employee. Whilst on premises, the permit holder may inspect any work or process related to the suspected contravention or interview any employee who agrees to be interviewed. However, a permit holder is not authorised to remain on premises if they fail to produce the abovementioned authorisation. Can a permit holder access employee records? Yes. Records relating to a suspected contravention must be made available to a permit holder upon 14 days notice
What is a notice to hold discussions? An organisational official may enter a premise to hold discussions with employees whom perform work on the premises, whose industrial interest the permit holder is entitled to represent and who wish to participate in those discussions. Permit holders may only enter a premise during working hours and discussions can only be held with employees on break or off-duty. Furthermore, employers can require that these discussions take place in a designated room. The break room is the default location for this purpose. What are the obligations of employers? Employers must not refuse or delay entry to holders of a valid entry notice. Furthermore, employers can not deliberately interfere with or hinder officials whilst on premises. Clubs who fail to comply with the above requirements could receive up to 60 penalty units ($10,200) from the FWC. What are the lessons for clubs? If a Club believes that a permit holder has failed to comply with their entry conditions, detailed notes of the breach should be made, including the time, date and name of permit holder. Clubs can bring a dispute against a permit holder for such a breach. The Work Place Relations team can assist clubs with this process. The Fair Work Act Amendment Bill (2014), currently before the Senate, could restrict the ability for Union Officials to enter a workplace. Under the proposed changes, organisation officials would only be allowed to enter the workplace for the purpose of holding discussions if they are invited by employees whom they represent. We will keep the industry informed of any developments in this area. For more information, please email exec@clubswa.com.au Information source: ClubsNSW - Workplace Relations
Clubs WA Service Bulletin
What is a right of entry notice? A right of entry notice is a requirement under the Fair Work Act 2009 (Cth) (“FW Act”) that a Fair Work Inspector or organisational (union) official must possess in order to enter a workplace. A notice of entry must be provided to the employer at least 24 hours, but no more than 14 days before the entry. The purpose of right of entry provisions are to balance the rights of employers, whilst simultaneously protecting the rights of individual employees to be represented.
being given to an employer. This must be given to them whilst on premises, or within five days of entry.
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From time to time, officials will seek to enter your Club for matters concerning your employees. This article will provide you with the essential information you need to know when you receive a “right of entry notice”.
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Gosnells Footballers Cancer Commitment BY KEVIN WANSBROUGH - SECRETARY, GOSNELLS FOOTBALL & SPORTS CLUB
CHEQUE IS PRESENTED TO BETTY COTTRELL OF CANCER COUNCIL WA BY CLUB PRESIDENT MICHAEL MCCAUGHAN (LEFT) AND TREASURER ROBERT UITTENBROEK OAM
Gosnells Football and Sports Clubs celebrated their great fundraising achievements at a well-attended Annual General Meeting.
the community and it is evident that the club is in a strong position both on and off the field because of the club’s team approach to include the community.
President Michael McCaughan announced they had raised $6200 for the Cancer Council WA from the efforts of the clubs players led by stalwart Nathan Hansen. The players worked together by holding several raffles and, with community support from Gorey Electrical, sold 26 donated special event jumpers.
Sponsors have shown that they have been impressed by the club’s continued extra efforts and delighted by the ethos within the club.
The club members and sponsors got behind the boys also by attending a memorabilia action night. The players have embraced the guidance of their committee in looking to support worthy causes within
To further indicate just how community minded the club is the club forwarded a cheque for $500 to the appeal to assist injured Canning Vale footballer Damien Waight. It appears that playing football at Gosnells is about building character as well.
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Community Partners
Clubs WA Service Bulletin
Want to learn more about how to raise funds for your club? Why not join Clubs WA at our Fundraising Workshop in Partnership with Mal Atwell on the 30th March 2015? Call Clubs WA on 08 9417 7149 today to reserve your spot!
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Clubs WA Service Bulletin
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Want to see your clubs wa name on this plaque? Then nominate for the 2015 Clubs WA Awards for Excellence! Categories include, but not limited to: • 100 Year Celebration • Best Club Function Facility Award • Best Club Chef/Cook Competition • Best Club Members Night Award • Employee of the Year Award • Amateur Sportsperson of the Year Award • Clubs in the Community Awards • Lifetime Contribution to Volunteering Award • Volunteer Contribution Award • Club of the Year Awards
Call Clubs WA on 1300 640 616, email marketing@clubswa.com.au or visit our website for an information pack or expression of interest form!
AN EXCLUSIVE DEAL FOR MEMBERS OF CLUBS WA
• If a club has 0% to 20% of their member base registered that club will be paid a rebate of $100. • If a club has 21% to 40% of their member base registered that club will be paid a rebate of $150. • If a club has 41% to 60% of their member base registered that club will be paid a rebate of $200. • If a club has 61% to 80% of their member base registered that club will be paid a rebate of $250. • If a club has over 80% of their member base registered that club will be paid a rebate of $300. You can trust that easifleet will get you the best deal possible and make buying your next car a pleasurable experience. easifleet are known for being the experts in private and corporate vehicle solutions. After buying and selling vehicles for over 23 years we and have built up extensive buying
While these fleet discount prices are usually reserved for private salary packaging customers and corporate fleet leasing customers, easifleet’s PBP now brings this pricing direct to Clubs WA members. That means Club WA members can make an outright vehicle purchase or finance their next vehicle at a massive retail discount. We can also offer an ongoing discounted finance rate if finance is required. Better yet, we can source, your vehicle of choice, liaise with the dealer and organise settlement and delivery free of charge. To make buying your next car easier than ever, let easifleet drive your dollar further. So how do you take advantage of this fantastic club benefit? It’s easy. Just head to easifleet.com.au/partner-benefits-program and complete the form to complete your registration and that’s it! When you’re ready to look at a new car, you will be eligible to access the highest level of discount available and we’ll do all the leg work for you! Remember though, the more registered members your club has, the higher the rebate your club will receive. So spread the word to all the members of your club and get registering! If you have any questions regarding the Partner Benefits Program or you would like to discuss a new car, please email pbp@easifleet.com.au or call easifleet on 1300 266 828. Clubs WA Service Bulletin
Clubs WA members who become registered participants of the easifleet PBP will be able to enjoy huge discounts when purchasing or financing a new vehicle. Registered members can access fleet discounts of up to $10,000 on any new vehicle. Not only will the customer benefit, the individual clubs will benefit from rebates paid directly to the club. So members are able to generate much needed funds for their club while nabbing a great deal for themselves! The rebate amount will vary depending on the amount of registered members at each club. Therefore, the aim is to have as many of your club members registered as possible. The rebates will be applied as follows -
power that allows us to purchase vehicles at the lowest fleet price available.
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easifleet is proud to have Clubs WA on board as the newest addition to the easifleet Partner Benefits Program (PBP). Just like Clubs WA, at easifleet we are always looking for ways to improve our services and offer greater benefits to our valued customers and affiliates. The easifleet Partner Benefits Program (PBP) is a fantastic addition to the benefits Clubs WA members already enjoy.
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CHANGING DRINKING HABITS - WHAT YOUR CLUB CAN DO The Liquor Industry is changing, the way we drink is changing, keeping informed and having the ability to adapt can help your club to maximise your revenue….. It is a definite that the way we drink is changing, people are choosing quality over quantity, local rather than imported, boutique rather than big business monopoly brands, they’re seeking out information on what they are drinking, where it comes from and what process it went through to get in their hand! Why is this happening? It’s happening because we live in a world where every question can be answered by typing in the phone that never seems to be far from reach, we become ‘instantly educated’. We are more health conscience - aware of what we are putting in our body and less inclined to reach for sugary drinks rather ‘organic’ ‘gluten free’ or ‘100% fruit’ are increasingly popular. Restrictions like never before – let’s face it if you drink and drive it simply is not worth it, and people are finally realising this and switching to low strength beers and wines which is a category that we are seeing grow rapidly. Why local breweries and wineries are doing so well is much to do with their ability to capture a market with a unique product, and they work hard to keep this market, smaller wineries will always be more supportive of another local business as it’s their livelihood – things like wine tastings, staff training, Wine Of Month with point of sale educating drinkers on their product – these things all work and help increase your sales. If you would like to chat more about what is happening in the market and what your club can do to engage your club members, give us a call! Liquid Mix is a family owned & operated WA liquor Wholesaler we range a large range of Beers, Wines, Ciders, Spirits and non-alcoholic beverages as well. We don’t act like a big corporation where ‘one size fits all’. Rather our account managers and customer service team adopt a personal approach, helping you select products that suit your club and delivering to your door in a manner that doesn’t interfere with your operations. Please don’t hesitate to contact us to arrange a meeting. Karalie on 0447 447 517 or Rob on 0447 348 251 www.liquidmixwa.com.au
Licensing inspections and compliance I was recently informed that the Director of Liquor Licensing has issued an edict to the inspectorate section of his Department that every licensed premises in the State is to be inspected within an upcoming specified timeframe. Clubs should be wary of this and prepare accordingly by reviewing matters of compliance. Western Australian liquor laws contain a vast array of compliance obligations and responsibilities for licensed clubs and their staff. Those include not only the obvious conditions endorsed on a licence, but also provisions in the liquor legislation and policies of the Director of Liquor Licensing. Generally speaking there are two categories of obligations and responsibilities associated with a liquor licence: First, in relation to the physical premises - licensed premises cannot be “altered� unless approved. Second, in relation to the day-to-day trading of the club - how liquor is sold, supplied, consumed and how business is conducted under the licence. Non-compliance can have any number of consequences. The licensing authority and police have broad powers to sanction clubs for non-compliance, such as the following: 1
Warning
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Infringement
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Disciplinary proceedings
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Financial penalty
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Varied licence conditions
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Suspension of licence
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Cancellation of licence
In regard to varied conditions, the licensing authority can be creative. Conditions can potentially be operationally, practically and commercially inhibiting for licensed clubs and also difficult to change, so care must be taken when faced with the prospect of having existing conditions varied or new ones imposed. In regard to infringements, because they are often issued for what seem like minor incidents and for only small amounts, clubs are inclined to simply pay it and move on. This approach certainly seems sensible and commercial - why pay to challenge or defend a $500 or $1000 infringement? There will be times when this is the most appropriate approach, however, beware the humble infringement! The simple act of paying it can potentially have long term consequences.
Tel (direct): 9288 6946 jessica.patterson@lavanlegal.com.au
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Jessica Patterson, Special Counsel, Lavan Legal
Clubs WA Service Bulletin
I have developed an audit tool for licensees called a Lawdit which involves me inspecting premises and carrying out a friendly audit of key compliance areas, taking notes and then providing a report and comments on whether there are ways to better maximise on the licence and potentially enhance trading privileges for the club.
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Have you heard about Clubs WA’s Workshop Series? In 2015 Clubs WA will be bringing you a host of workshops focused on various industry related topics. This is a brief overview of workshop topics which will be held in 2015. To register your interest, please email marketing@clubswa.com.au or call 1300 640 616. Please note topics and regions are subject to change. Date Monday 30th March
Topic How to raise funds for your club - exploring bingo nights
Region Northern Metro
April
Governance - Risk Management Governance - Compliance RSA/MLP1 Social Media Social Media Governance - Management and Member Discipline Launch of Customer Service and Conflict Resolution Customer Service Customer Service
Southern Metro
May June July August September
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Clubs WA Service Bulletin
October
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November December
Perth Hills Clubs WA Northern Metro Southern Metro Clubs WA AGM Mandurah Coastal Areas
MANAGER AWARDED $300,000 FOR NOT-SOSERIOUS MISCONDUCT
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His Honour took the following into consideration Lessons for Clubs when making his determination: When seeking to dismiss an employee for serious misconduct it is important for a club to be familiar • The employment contract, which stated six with their policies and procedures and to conduct months notice of termination must be given a thorough investigation into the employee’s conduct before taking disciplinary action. Overly except in the case of gross misconduct; • A contractual obligation on the part of both prescriptive discipline policies may lock a club the employer and employee to adhere to the into following those steps, rather than treating misconduct on a case by case basis. company’s policies and procedures; • The company’s ‘Code of Work’ policy which specified that intoxication can be general For more information, please email exec@clubswa.com.au misconduct or gross misconduct, but that Information source: ClubsNSW - Workplace Relations
Clubs WA Service Bulletin
Introduction gross misconduct must “endanger the well Clubs are warned to be wary of terminating being of Willis’ staff or clients, or which could an employee without notice for what could be seriously damage Willis’ reputation”; considered not-so-serious misconduct. The costs • The company’s ‘Disciplinary Counselling Policy’ which detailed the procedure for dealing of failing to take into account the relevant facts with misconduct in the workplace – in this and mitigating circumstances when summarily case a staged warning process, or a first and dismissing an employee have been demonstrated final warning, or summary dismissal for gross in the case Mitchell-Innes v Willis Australia Group misconduct; Services Pty Ltd (No 2) 2013/148638. The matter was heard in the NSW District Court as a breach • The culture of drinking with clients which was of contract claim, as an alternative to unfair endorsed by the company; and dismissal. • The Manager’s nine year history at the company with no prior warnings for intoxication. The Facts The employee, a State Manager (Manager) for It was found on the balance of probabilities that Willis Australia Group Services (Willis), attended a the Manager was intoxicated when he arrived at work-related training conference in Melbourne in the conference in the morning. His Honour was late 2012. After a staff dinner on the Sunday night, not, however, persuaded that the level or impact he and a number of other colleagues continued of the Manager’s intoxication was significant. The to drink into the early hours of the morning. On conduct was a one-off event and was not gross Monday morning the Manager attended a training misconduct which warranted dismissal. session as an observer, and was noticed by others at the conference to be slurring his words and The Court determined that Willis had breached smelling of alcohol. Willis investigated the incident the employment contract in terminating the and subsequently dismissed the Manager with Manager’s employment without notice and no notice as a result of his intoxication at the subsequently awarded the Manager $296,650.75 conference. in damages.
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Business Directory Liquor Specialists Liquid Mix Ph: 0447 447 517 www.orders.liquidmixwa.com.au Lion Ph: (08) 9350 0407 www.lionco.com
Zoo Business Media Ph: 1300 139 913 www.zbm.com.au
McWilliam’s Wines Group Ph: 0400 723 338 www.mcwilliams.com.au
Hisconfe Ph: (08) 9388 3400 www.hisconfe.com.au
PickStar Ph: 1300 657 601 www.pickstar.com.au
Coca Cola Amatil Ph: (08) 9449 1395 www.ccamatil.com.au
Stoddart Manufacturing Ph: (08) 9414 1343 www.stoddart.com.au
Smarty Bags Ph: 0414 859 910 www.smartybags.com.au
Carlton & United Breweries Ph: 132 337 www.cub.com.au
Fox Sports Venues Ph: 1300 301 415 www.foxsports.com.au
Music & Licensing
Pernod Ricard Australia Ph: (08) 9472 2805 www.pernod-ricard-australia.com
Stanlee Ph: 0420 216 116 www.stanlee.com.au
Gaming Specialists
Chair & Table Warehouse Ph: (08) 9228 4722 www.thechairandtablewarehouse.com.au
Majors Group Ph: 0478 755 992 www.majorsgroup.com.au
21st Century Business Equipment Ph: (08) 9321 8902 www.21stcenturybusiness.com.au
Health & Safety
Legal Partner Lavan Legal Ph: (08) 9288 6001 www.lavanlegal.com.au Technology Partner Total IT Group Ph: (08) 6555 1855 www.totalit.com.au Accomodation Crown Perth Ph: (08) 9362 7777 www.crownperth.com.au
Clubs WA Service Bulletin
Marketing & Promotions
Hospitality & Venue Specialists
Mal Atwell Billiards and Bingo Ph: (08) 9354 9150 www.malatwell.com.au
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Beyond Bank Ph: (08) 9382 0325 www.beyondbank.com.au
Email marketing@clubswa.com.au to find out how.
WA Flags & Banners Ph: (08) 9467 4646 www.waflags.com.au
TAB Ph: 13 23 68 www.tabtouch.com.au
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Clubs Plus Superannuation Ph: (02) 9376 9422 www.clubplussuper.com.au
Want to be listed here?
Jaymak Equipment Hygiene Services Ph: 08 9354 8125 www.jaymak.com Gas & Energy Trans Tasman Energy Group Ph: 1300 118 834 www.tteg.com.au Insurance Arthur J. Gallagher Ph: (08) 6250 8300 www.ajg.com.au
PPCA Ph: (02) 8569 1111 www.ppca.com.au Food
St John Event Health Services Ph: (08) 9334 1311 www.stjohnambulance.com.au Transport & Vehicle Services Easifleet Ph: 1300 266 828 www.easifleet.com.au AV Partner AV Partners Ph: 08 9362 7653 www.avpartners.com
Training Specialists
Finance & Strategic Management
Hospitality Alliance Training Ph: (08) 9417 7149 www.hospitalityalliancetraining.edu.au
Bendigo Bank Ph: (08) 9213 5100 www.bendigobank.com.au
ATI-Mirage Ph: (08) 9218 9059 www.ati-mirage.com.au
Banktech Ph: 0478 333 297 www.banktech.com.au
Study Group Ph: (02) 8263 1814 www.careerpartnerships.edu.au
Make sure to mention Clubs WA to receive great deals and discounts from suppliers.
For more information visit: www.clubswa.com.au/members
People on the Move
Do you have a job opening?
Email marketing@clubswa.com.au to advertise.
The following is a list of career opportunities available across Western Australia’s vibrant club industry. If you have a position open within your club, or you would like to publicly welcome a new employee to your team, please send details to marketing@clubswa.com.au
Job Openings Perth Region General Manger www.seek.com.au City of Perth Surf Life Saving Club Bar Manager www.seek.com.au University of Western Australia Rugby Union Football Club Performance Team Director www.seek.com.au Western Australian Institute of Sport (WAIS) Business Development Manager www.seek.com.au Western Australian Cricket Association Sandwich Prep / Kitchen Hand www.seek.com.au Mount Lawley Golf Club Food & Beverage Attendant – Casual www.seek.com.au Mount Lawley Golf Club Hospitality Manager www.seek.com.au East Fremantle Yacht Club
Banquet Supervisor www.seek.com.au The University Club of Western Australia All Day Dining Food & Beverage Staff www.seek.com.au The University Club of Western Australia
Northern Metropolitan Region Golf Manager www.seek.com.au Wanneroo Golf Club (Inc.) Golf Course Groundsperson www.gumtree.com.au The West Australian Golf Club
Chef/Cook www.gumtree.com.au Wyndham Community Club
Soccer Coach www.gumtree.com.au Stirling Lions Soccer Club
Business Development/Office Manager www.seek.com.au Peel Thunder Football Club
Great Eastern Country Region
Northern Country Region
Bar Manager www.gumtree.com.au or call Stephen on 0417173399 Meckering Sporting Club
Regional Development Manager (Australian Rules Football) – Mid-West www.seek.com.au West Australian Football Commission Pilbara Country Region Chef www.seek.com.au Mountain View Sports Club
Choose Western Australia’s vibrant club industry as your next career path.
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Visit www.hospitalityalliancetraining.edu.au
Clubs WA Service Bulletin
Club Governance and Management courses are now available through Clubs WA’s training portal Hospitality Alliance Training.
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Clubs WA
clubs wa
Thank you for your continued support over the years Platinum Partners
Legal Partner AV Partner Technology Partner
Gold Partners
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Industry Supporters
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