IR June 2016 by MGA Independent Businesses Australia

ISSUE 4 | 2016

YOUR INDUSTRY NEWS PROVIDED BY MGA INDEPENDENT RETAILERS

THE POWER OF THE SMALL BUSINESS VOTE

1800 888 479 • www.mga.asn.au National National SupportSupport Office •Office 1800 •888 479 • www.mga.asn.au

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Contents Our Mission The mission of MGA Independent Retailers is to deliver the best possible industry specific business support services to independent grocery, liquor, hardware and associate store members.

5 CEO Welcome

Industry News 6 Federal budget overview 9 Supermarket transformed – Wembley WA 10 The power of the small business vote 13 COSBOA Council meeting 13 Minister puts majors on notice – milk debacle

MGA National Support Office Suite 5, 1 Milton Parade, Malvern, Victoria, 3144 P: 03 9824 4111 • F: 03 9824 4022 admin@mga.asn.au www.mga.asn.au Freecall: 1800 888 479

Retailer Directors Rodney Allen (President) – Victoria Andrew Bray – New South Wales Michael Daly – Victoria Gino Divitini – Western Australia Grant Hinchcliffe – Tasmania Steve Miller – Victoria Chris dos Santos – South Australia Debbie Smith – Queensland

Chief Executive Officer Jos de Bruin 03 9824 4111 jos.debruin@mga.asn.au

Corporate Partnership & Media Sales Steve Sellars 0407 399 240 steve.sellars@mga.asn.au

Editorial and Production production@independentretailer.net.au

14 Sunday penalty rates

15 Locking penalty rates into law will lock out small business 15 Paying the penalty for Sunday penalty rates 17 Bruce Billson says farewell

17 Competition – Effects Test support

18 Upgrade for supermarket air-handling unit fan 21 Does your business pay too much for electricity?

23 MGA meets Small Business Minister and Assistant Treasurer in Canberra 23 ATO audits 23 A new $5 note is on the way 24 WorldSmart – helping you Expo(nentially) increase your revenue 25 MGAQ Committee meets with Ipswich Mayor Paul Pisasale in QLD 27 ACCC to commence excessive surcharge compliance role – 1 September 2016

Liquor News 29 Liquor and Gaming NSW introduces online RSA and RCG Refresher training for holders of expiring photo competency cards 29 Anheuser-Busch InBev to launch non-alcoholic Budweiser 30 Liquor retailing still holds great opportunities 31 Are you compliant? 33 Around the World 33 Blossom Hill launches in Australia in independents: UK’s most popular Rosé and white wine brand now available 35 NSW introduces container deposit scheme 37 25% license fee increase proposed for all ACT off-premise licence holders

Legal and HR 38 Employment myths busted 39 A valid reason for dismissal – but termination still unfair 41 The future for enterprise bargaining 43 The likelihood of changes to the General Retail Industry Award

Training 44 Training snippets

MGA Corporate Partners D

Diamond British American Tobacco Australia

Platinum

Gold

Silver

Bronze AUSSIE

NRG

Associate

Warehouse and Brand Partners

tasmanian independent retailers

June 2016 - Edition 4

CEO Report

CEO Welcome The end of another financial year is almost upon us all with MGA members well on the way to preparing for their end of financial year duties such as stocktakes and finalising their accounts for their accountants to work on. In case anyone hasn’t noticed, there was an election called almost immediately after the Government’s Budget that was handed down in parliament on the 2nd May 2016. The budget was very favourable and should be of some benefit to many MGA members. In the mean time we have an election looming for the 2nd July. An historic double dissolution election in fact. The whole of government is up for re-election – the House of Representatives and the Senate. The ultimate outcome for the 2 major parties is that they can govern Australia in their own right. As we have already witnessed, a hung parliament or a government without a majority can be unproductive and a waste of taxpayer’s money as very little is able to be achieved. MGA’s Board of Directors has established a number of policies concerning the welfare of MGA members businesses and will support the party/s that supports these policies. MGA’s policies are based upon the principles of fostering commercial and social prosperity for our members businesses by reducing business costs, reducing red tape and keeping business “simple to carry out”.

MGA also supports positive government initiatives that generate economic growth and fosters consumer confidence. MGA will support political parties who support MGA’s policies. Members are advised that as from the 1st of July, the ATO will be conducting random audits of supermarket businesses with a particular compliance focus on Superannuation Guarantee funds, PAYG and Fringe Benefits Tax. Should members have any concerns please contact MGA. Members should also be aware that the ACCC has been tasked to regulate unfair credit card surcharges which will take place from 1st September 2016. MGA’s pursuit to have Sunday penalty rates reduced from 100% to 50%, together with a number of other industry bodies and retailers, continues in the Fair Work Commission before a full bench. We anticipate news of an outcome in September 2016. Thanks once again to all our members who made a contribution to this very important project. The pace of issues being raised in the states and territories has also escalated with MGA being asked by state governments and departments to contribute to white papers, regulatory impact statements, private

members bills and so ons. The main areas of consultation concern tobacco regulations, packaged liquor licensing matters, opposing deregulation of trading hours, planning and zoning issues, abolition of plastic bags and container deposit legislation. As industry compliance training specialists, MGA has officially launched its MGA online training and compliance website – www.mgaonline.com.au. Members are invited to go to this site to explore the many compliance training options available. They include accredited Food Safety training – basic / handlers and supervisors courses, Responsible Service of Alcohol, Work Place Health and Safety modules and Safe Work Instructions packages. Remember all proceeds from MGA training online will be put toward adding additional support services for the benefit of MGA members. The next time you receive an MGA IR magazine the federal election will have passed, we will have a newly elected government and there will be more than 25 new faces, after retirements, sitting in the Parliament. Until next edition – good trading. Jos de Bruin CEO – MGA Independent Retailers

Come and visit MGA at the:

TIR TRADE EXPO

23rd – 24th June 2016

METCASH SUPERMARKETS & CONVENIENCE EXPO

SPAR TRADE SHOW

28th – 30th July 2016

17th – 19th July 2016 Stand 194

www.mga.asn.au

Industry News

Minister Kelly O’Dwyer and MGA’s Directors Rod Allen and Andrew Bray

Minister Kelly O’Dwyer and MGA NSW Director Andrew Bray

Prime Minister Malcolm Turnbull

Federal budget overview

The Government recognises that not all small businesses are companies. As a result, the unincorporated tax discount will be increased from 5 per cent to 8 per cent from 1 July 2016.

MGA Board, staff, members and industry stakeholders attended the announcement of the Federal Budget by Treasurer Scott Morrison at a dinner in Parliament House Canberra on Tuesday 3 May 2016. The Turnbull Government continues to recognize that all small businesses, Australian privately owned businesses and family enterprises, are a vital sector of our economy and the home of enterprise and innovation. In fact, small business is the Australian economy’s engine room for innovation, growth and job creation. Whilst many would consider the latest budget to be a mixed bag of benefits for MGA members, on the whole, there are some very good initiatives, particularly applicable to those members with sales of $10m or less. Below is a summary of the Budget initiatives; Small business tax relief for companies and unincorporated small businesses The small business company tax rate will be cut to 27.5 per cent and will be made available to all small companies with an annual turnover of less than $10 million from 1 July 2016. Over the next decade, the lower tax rate will be extended to all companies and then progressively reduced to 25 per cent by 1 July 2026.

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After the initial increase, the discount will be progressively increased to a final discount rate of 16 per cent from 1 July 2026. The unincorporated tax discount will be limited to small businesses with turnover of less than $5 million and remains capped at $1,000 per individual per year. Extending tax concessions to privately owned businesses and family enterprises – small businesses. From 1 July 2016 a range of small business tax concessions will be available for businesses with an annual turnover of less than $10 million and will include access to: • Simplified depreciation rules, including the ability to claim an immediate deduction for each and every asset purchased costing less than $20,000 until 30 June 2017 • Simplified trading stock rules, giving businesses the option to avoid an end of year stocktake, if the value of their stock has changed by less than $5,000 • The option to account for GST on a cash basis and pay GST instalments as calculated by the Australian Taxation Office (ATO); • A simplified method of paying PAYG instalments calculated by the ATO; and • Other tax concessions available to small business, including fringe benefits tax (FBT) exemptions (FBT changes from 1 April 2017) and immediate deductibility of professional expenses Extending the ability to claim immediate deductibility for asset

Industry News

Jos de Bruin with Minister Kelly O’Dwyer on Budget Night

purchases less than $20,000 will help many MGA members to reinvest in their business and grow by helping them to replace or upgrade their machinery and equipment. Increasing the turnover threshold will not affect access to the capital gains tax concessions for small businesses. These concessions will remain available only to businesses with an annual turnover of less than $2 million or that satisfy the maximum net asset value test. The government is also working on simplifying GST administration for small businesses. Small businesses will benefit from changes to simplify BAS reporting requirements. From 1 July 2017, all small businesses with less than $10 million turnover will be able to easily classify transactions, and prepare and lodge their BAS. A trial of the new simpler reporting arrangements will commence on 1 July 2016. Personal superannuation Date of effect: Immediate • A lifetime cap on non-concessional (after-tax) superannuation contributions of $500,000 will apply from 7.30 pm on 3 May 2016 • The income tax threshold at which the 37% tax applies will increase to $87,001 pa, from the current $80,001 pa. • The annual cap on concessional (pre-tax) super contributions will reduce to $25,000, regardless of age

MGA President Rod Allen, National Senator and Minister Matthew Canavan and MGA QLD Director Debbie Smith

• Concessional super contributions may exceed the annual cap if certain conditions are met • Those aged between 65 and 74 will be able to make super contributions regardless of whether they work or not • Tax deductions will be able to be claimed for personal contributions regardless of employment status • A lifetime limit of $1.6m will be placed on the amount of superannuation that can be transferred to start pensions • Earnings on investments held in ‘transition to retirement’ pensions will be taxed at 15% (currently 0%) • No change to negative gearing, age pension and other social security benefits Tobacco Excise Tax Despite many strong objections to lifting excise tax on tobacco products, including letters to the Prime Minister from MGA, consumers will be hit with a substantial 12.5% tobacco excise increase each year over the next 4 years until 2020 – this will raise in excess of $4.7bn in revenue. The increases will take place on 1 September each year and will be in addition to existing indexation to average weekly ordinary time earnings. Wine Equalisation Tax The wine equalisation tax (WET) has been a controversial arrangement and the rebate cap is to be cut from $500,000 to $350,000 in July 2017 and further to $290,000 in July 2018, impacting upon smaller producing local wineries.

www.mga.asn.au

WILD MOOSE To place an order for Wild Moose please contact your Asahi Premium Beverages representative or call our customer service team on 1800 090 378.

Industry News

Supermarket transformed – Wembley Western Australia In March 2015, long time Western Australian independent retailer, Greg Brindle, purchased the highly regarded Wembley Supermarket from the Belladonna family. Sam and Vince Belladonna can be very proud of their exceptional customer service legacy having established a very loyal and strong customer base over the many years of operation. Upon taking over the 1,800 square metre Wembley store, Greg and his team set about developing a myriad of plans to further lift the instore standards to offer customers a superior shopping experience. Since March 2015, Wembley Supermarket customers have been overawed with the innovation and investment that has taken place in this store. Changing trading hours from 6.5 days per week to 24 hours – 7 days a week was the first very noticeable change. Then came the investment in innovation. As store manager, Craig Irons explained, the

store refurbishments were extensive and included; a new naturally lit, “sit down area” for customers to enjoy a freshly brewed coffee for a gold coin donation to the MS Society, a complimentary bottle of water and piece of fruit for the children, a colourful fresh flower department at the front of the store, additional new refrigeration specifically for a large range of chicken meats, vegan foods, milk and dairy products, moveable floor display units, large instore bakery area, new fruit and vegetable display bins, expanded customer transaction/ customer service area, highly visible magazine rack system and the instore merchandising, particularly in the fresh produce and delicatessen areas that have a warm, inviting country feel.

fresh and frozen seafood department brags quality and class whilst health food lovers are well catered for with an extensive selection of gluten free, organic, vegan and superfood products. Upon entering the store customers are greeted with the homely aromas of freshly baked bread and baked cookies. The motto of this store and commitment to customers is “a meal to go” all day every day which includes breakfast, lunch and dinner. Located in the fresh produce – deli section of the store, bainmaries with hot meal solutions are available all day together with a range of fresh salad mixes. An assorted range of prepacked meal solutions, fruit packs and fresh produce packs are conveniently made available for customers looking for a quick meal solution.

This store boasts over 40,000 skus, amongst them, a number of new offerings to tantalise customers taste buds, including a superb range of inhouse products branded as the “Good Grocer Collection” made up of locally sourced and produced items. The Catalanos

All in all this store is superb. A credit to store owner Greg Brindle, store manager, Craig Irons and all 130 store staff who either have been or are in the process of being well trained to deliver an exceptional customer shopping experience in this amazing store.

www.mga.asn.au

Industry News

The power of the small business vote With a federal election imminent on the 2nd of July, MGA, as a Director of the Council of Small Businesses of Australia Board, Jos de Bruin would like to share with members the following article written by COSBOA CEO, Peter Strong. MGA also wishes to briefly outline its election policies for members along with COSBOA’s policies at the end of this article. Who wins the marginal seats will determine the upcoming election. The vote of small business people in these seats cannot be underestimated says the Council of Small Business of Australia (COSBOA). Peter Strong, CEO of COSBOA commented on the critical importance that small businesses will play in this federal election, where small business people count for large numbers of voters in marginal seats. COSBOA will focus on the small business community being informed on key policy issues, and he warns that transparency should be at the heart of this election. “Small business people in electorates across Australia will play a vital part in the election. They make up between 8% – 16% of voters, on average around 11.7% per electorate. This is significant when margins are as low as 0.2% for contested seats. There is no denying that the vote of every small business owner and those working for them count,” said Mr. Strong. Small businesses represent a significant number of voters in marginal seats across Australia. For example, in the seat of McEwen (VIC), there is a 0.2% margin and the small business community makes up 9.4% of voters. In Eden-Monaro (NSW), the margin is 0.6% and small businesses make up 11.3% of voters, while in Capricornia (QLD) the margin is 0.8% and small businesses make up 11.6% of voters. “It’s easy to get caught up in the frenzy of a federal election and focusing on the major two parties, but communities need to look at the individuals who will be representing their community and what they stand for. Small businesses impact everyone’s day-

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to-day lives, from local accountants, gyms, cafes and grocers to health practitioners and owner drivers. We need a government with a clear direction that includes key policies to support small businesses, then the entire community benefits and Australia’s cultural fabric gains strength.” “It cannot be stressed enough the importance of being informed on policy when casting a vote. Small business drives the economy and supports a diverse culture. To disadvantage this sector would be disastrous,” said Mr. Strong. COSBOA has outlined the key policy issues that need to be front and centre for small businesses in the upcoming election. These include competition, workplace relations, telecommunications, B2B communications, health, training, financing and superannuation*. Above all else, COSBOA says the main election theme needs to be about transparency in government. “There must be an end to secret big union and big business influence on policy and process. It is not just small business people that suffer from covert influence, it’s also medium businesses, non-employing independent contractors and Australian workers. The economy cannot be managed effectively in back rooms and dark places,” warned Mr. Strong. COSBOA’s policies are listed below along with MGA’s additional policy positions: An Effects Test in Competition (Section 46) As announced by the Turnbull Government on 16th March 2016, the Government’s commitment to The Harper Competition Policy Review Panel recommendation to strengthen section 46 of the CCA in full,

with an effects test, must be enacted after the election on 2nd July 2016. The Road Transport Remuneration Tribunal (RSRT) not be reintroduced If road safety and protection for owner drivers is to be achieved, it should not be through the workplace relations system. Health of the self-employed person must be considered This is particularly important for mental health; we need equality in consideration and responsibility for health where everyone counts, including the selfemployed and business owners. Reform of Vocational Education and Training (VET) The current system is failing workers, the unemployed, and business productivity. Government financial incentives need to be made available to privately owned businesses and family enterprises for staff and commercial training. Efficiency from Employment Service Providers The employment service providers are not giving the efficient service required from government funding to the unemployed and potential employers. There is an opportunity for industry associations to assess and provide assistance. Ensure large businesses pay their tax More effective monitoring of large businesses who are able to evade their

Industry News

required taxation obligations. In the event of non-payment of taxes, large businesses must pay an appropriately higher penalty. Telecommunications, Technology and Innovation Get the NBN happening faster, ensure fair access to telecommunications and lower cost for businesses and consumers. B2B communications There are billions to be saved in time and money if businesses can communicate faster and more efficiently. Workplace Relations Focus on small workplaces; use plain English in awards and agreements and create a small workplace industrial award and remove the industry/union cartels. MGA’s policies include; • Emphasis on fairness for employees and employers;

• The withdrawal of the unfair Better Off Overall Test (BOOT) as it discourages enterprise agreements – a No Disadvantage Test is favoured • Greater screening and scrutiny of unfair dismissal claims by the Fair Work Commission prior to conciliation.

Revenue threshold for defining a small business must be $10m or less This change picks up an additional 90,000 businesses which are by definition privately owned businesses and family enterprises who employ, innovate and add to culture and diversity.

• Increasing the Fair Work Commission definition of a small business from 15 to 40 employees

Financing for Small Business The issues associated with banks, Fintech, P2P lending and financing in general need urgent attention.

• Sunday penalty rates – currently not fit for purpose. MGA supports reducing Sunday penalty rates from 100% to 50%

• Better commercial understanding and empathy for privately owned businesses and family enterprises who wish to invest in their businesses

Superannuation Remove employers from the superannuation collection process and place it in PAYG system. Billions will be saved in administration costs for employers and funds.

• Easier and less onerous access to affordable financial assistance • Removal and or reduction of unfair bank service and transaction charges

Is your turnover under $192,000 per week or $10m p.a?

Middle market businesses gain from the 2016 Budget… Are you ready to capitalise?

You may be able to access a range of existing small business tax concessions including: • Simplified depreciation rules, • Immediate tax deduction for assets costing less than $20k (up until 30 June 2017); • Simplified trading stock rules; • Simplified method for PAYG instalment payments; • The option to account for GST on a cash basis and apply the simplified method of GST instalments payments; • Immediate deduction for prepaid expenses; • Immediate deduction for professional expenses; • Fringe Benefits Tax concessions, and • Exemptions for work-related portable electronic devices (applicable from 1 April 2017). Selling? Total assets under $6m? Plan for the maximum retirement benefits, know your small business CGT exemption entitlements. Ask us how! We’re happy to have an initial chat with you without obligation or cost. Speak to us and prepare for the 1 July 2016 start date.

Phone: (03) 9824 5533 www.imaccountants.com.au

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Industry News

COSBOA Council meeting COSBOA of which MGA is a Board Director, held a Council meeting for members in Melbourne on 26 May 2016. COSBOA CEO, Peter Strong organised a full day of engagements with respective Federal Government Ministers and Members of Parliament including, Greens Senator Nick McKim who has been a tireless supporter for competition law reform, former Minister for Small Business and Competition Matters and now officially retired politician, Bruce Billson, Minister for VET, Senator Scott Ryan, Labor Senator, Jacinta Collins, representing Shadow Minister for Small Business Michelle Rowland and Minister for Small Business and Assistant Treasurer, Hon Kelly O’Dwyer MP. Another special guest speaker at the Council meeting was the newly appointed Small Business and Family Enterprise Ombudsman, Kate Carnell. Peter Martin, Fairfax Chief Economic Editor, also shared his insights in regard to the current election and the various topics that were being debated in the media. Bruce Billson addressed the council in his new capacity as the Chairman of the Franchise Council of Australia. Aside from listening intently to each of

COSBOA Chair Paul Neilson, Kate Carnell, Bruce Billson, and Peter Strong

Jos de Bruin with Green Senator Nick Mckim

the Council meeting guest speakers there was also time for a number of topics to be discussed and debated that concerned the futures and prosperity of privately owned businesses and family owned enterprises including; the Harper Review and fair competition matters, penalty rates and workplace relations issues, business taxation, contract drivers and the Road Safety Remuneration Tribunal, industry skills training and the recent federal budget. The Harper Competition Policy Review Panel recommendation to strengthen section 46 of the CCA was hotly discussed during the day, particularly in view of the Prime Minister’s announcement on 16 March 2016 that the Coalition Government would fully support, in its entirety, the Harper recommendation to amend section 46. Despite the unanimous outcry from

Senator Scott Ryan Minister for VET

privately owned businesses and family enterprises, from around Australia, for a change to laws that stops a misuse of market power, the Labor Party, disappointingly, continues to oppose any changes to section 46 (misuse of market power) of the CCA as per The Harper Panel recommendation. The COSBOA Council meeting is a unique opportunity for members of various organisations to come together with likeminded people to discuss the issues of the day with various politicians and law makers – our members of parliament and senior bureaucrats. MGA members are strongly encouraged to consider attending the COSBOA Small Business Summit in Brisbane on the 7 and 8 July – book your place on www.cosboa.org.au.

Minister puts majors on notice – milk debacle Agriculture Minister Barnaby Joyce has put supermarkets on notice over dollar-a-litre milk and says the competition watchdog is investigating the matter. Joyce has dropped the idea of a one-off milk levy, saying it would require a change in law and an assistance package is a better way of dealing with the crisis. The Deputy Prime Minister has warned retailers they need to clean up their act. It was completely wrong that water was dearer than milk, Joyce told the regional leaders debate in Goulburn on 25 May. “What I can say to the retailers, this is a problem you are creating for us – if you don’t do something about it, we will be forced into doing something about it.” Joyce believes Australians are awake to

the human cost of cheap milk, telling the Seven Network “they’re going to say to you, dollar-a-litre milk … gives us a bad taste in your mouth about your supermarket because we know the way that you get that dollar-a-litre milk is to exploit the person behind the farmgate.” Opposition Agriculture spokesman Joel Fitzgibbon was more scathing in his assessment, saying there were questions about whether the directors of Murray Goulburn misled both the market and dairy farmers. Fitzgibbon said while retailers may have made short-term gains on the $1 milk, the reputational damage was worse. “I suspect the big retailers are starting to learn their lesson,” he said. Greens leader Richard Di Natale backed a

floor price on milk but not regulating a base cost. One-dollar milk had been an absolute disaster for farmers. “We have got basically Coles and Woolies who are bringing customers in by ripping off farmers.” The federal government has unveiled a $578 million relief package for dairy farmers struggling to cope with a decision by processors to slash farmgate prices, including cheap loans. Wesfarmers Managing Director Richard Goyder says it’s a long bow to suggest anything the company was doing was impacting on farmers. Coles accounted for 4% of milk production in Australia and milk prices were set globally, he told the ABC. Source: Inside Retailer – 26 May 2016

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Industry News

Sunday penalty rates As MGA members will no doubt know, Sunday penalty rates are onerous and burdensome and “not fit for purpose” in this day and age. They are a blocker to additional productivity, employment and providing a high level of customer service. MGA is currently before the Commission along with a number of other industry bodies and businesses advocating for the current Sunday penalty rate of 100% to be reduced to 50%. Former ACCI CEO and now Australia’s inaugural Small Business and Family Enterprise Ombudsman was recently interviewed on the ABC 7.30 report by Leigh Sales. Here is an extract of what Kate Carnell said in that that interview…. Leigh Sales: With me now from Canberra is Kate Carnell, the Small Business Ombudsman. Thank you for coming in. Kate Carnell: It’s a pleasure. Leigh Sales: A lot of workers think if they have to work Saturdays or Sundays or overtime, that they should get penalties and they don’t want to give it up. What’s in it for them to do so? Kate Carnell: Look, what the research has shown is that if Sunday penalty rates are brought down to a similar level to Saturday – so not getting rid of penalty rates at all – it’s just at the moment Sunday penalty rates and a number of awards are double-time where it’s time-and-aquarter or time-and-a-half on Saturday. So bring down Sundays to the same or similar to Saturdays, and the experience is that more establishments open, they employ more people, they have more hours available, so fundamentally it creates jobs and creates more hours for the people who are there at the moment.

Kate Carnell

to open on Sundays when often their customers want them to. And that’s a real problem for everybody. Leigh Sales: The Fair Work Commission’s having a look at this question. If it ruled that penalty rates should be abolished, could the government of the day do anything about that? Kate Carnell: I think what should happen here is that both parties should accept that there’s an independent arbiter here, there’s the Fair Work Commission. They’ve done an in-depth investigation into penalty rates, moving Sundays down to the same as Saturdays or similar to Saturday or possibly doing that. They’ve taken submissions from all sides of this argument, including from the Labor Party, I understand, and they’ll make an independent determination and that’s what should happen. We’ve simply got to keep these sorts of issues out of the political arena.

Leigh Sales: What if you don’t want to work more hours?

Leigh Sales: The Greens, speaking of the political arena, want overtime and penalty rates enshrined in law. Where do you stand on that?

Kate Carnell: Well, that’s absolutely fine too. There are many people who want to – who want to work more hours. We’ve got lots of young people who would love to work on Sundays. The experiences in New Zealand say, where they did bring Sunday down to the same as Saturday, there was a 25 per cent increase in the number of hours available on Sunday. So it meant for those who wanted to work more hours, they could and for those who are currently looking for a job, there were more opportunities. And for small businesses, it meant that they could open, and so at the moment what small businesses are saying is that at double-time it makes it really hard

Kate Carnell: Well look, I don’t know how you’d do that because penalty rates are different in almost every award. So they’re different in my old award, the pharmacy award, they’re different in hospitality and retail and a whole lot of awards. What would you legislate? I have no idea. And we’ve got an independent commission, the Fair Work Commission, which sets minimum wages that looks at awards, looks at award changes and does that independently. That’s something that we should protect at all costs. We don’t want our political system setting penalty rates, setting minimum awards, getting involved in awards generally. This has to be done independently.

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Industry News

Locking penalty rates into law will lock out small business In response to recent murmurings from the Greens and Labor parties, concerning the possible “enshrining” or legislation of Penalty rates, James Pearson, the new ACCI CEO, recently made the following statement: “If the unions have their way, we will soon have a situation where small cafes, restaurants and bars will find it too expensive to open on Sundays to serve their customers, a situation confronted by a number of businesses already. “The business community is prepared to have a reasonable debate on penalty rates. We are not advocating for their abolition. “Business supports the Productivity Commission’s findings which show that if Sunday penalty rates are brought into line with Saturday rates, there will be growth in hours worked and jobs growth. “The fact is, current penalty rates for Sunday work reflect out-dated practices designed for a society and economic conditions of the last century. “The current regime of high penalties for work performed on Sundays and public holidays is limiting the number of jobs because they have an impact on the operation of many retail and hospitality businesses. “For many, it has resulted in them not trading on these days or to open for fewer hours than they otherwise would.

“According to Restaurant and Catering Australia, under streamlined and uniform weekend pay rates, 54 per cent of businesses currently not trading on Sundays would open for Sunday trading. “A further 52 per cent of businesses would take on more workers and larger establishments would employ an extra 4.25 people on average. “These are compelling figures and they demonstrate that the unions are wrong to want to lock into law outmoded work practices, and lock in the deterrent to work. “The case for penalty rate reform is clear. Australia’s global competitiveness ranking has fallen from 10th to 21st over the last ten years. On workplace relations we rank below 100th place. “We need a flexible workforce to drive a 21st century economy. It must be remembered that penalty rates reform is just a small part of what’s needed to make Australia’s workplace relations framework more flexible and competitive.” “There appears to be some confusion in the Labor Party on the issue of penalty rates. I call on Opposition Leader Shorten to clarify whether he will, as previously stated, accept the independent tribunal’s ruling on penalty rates.” The MGA and all other retail and hospitality industry associations look forward to the Fair Work Commission’s decision on this important issue.

Paying the penalty for Sunday penalty rates It’s time we woke up to the fact that Sunday penalty rates are an outdated drawback to productivity. It’s time to come into the 21st century and accept that working in a shop on a Sunday should not attract a higher rate of pay than for doing the same work on a Saturday. A double time penalty rate for Sunday work may have been acceptable compensation for working on the seventh day of the week a hundred years ago, when Sunday penalties all started, but today it is an unrealistic expectation, if we are to increase employment and forge ahead as a productive society. Jos de Bruin from MGA Independent Retailers said, “Unless Sunday penalty rates

are reduced to a more sustainable level smaller retailers won’t open their stores or they will work themselves or their family members because they simply can’t afford to pay double time. Until approximately five years ago only 50% Sunday penalties applied in Queensland, NSW and South Australia but, Victoria already had 100% penalty on Sunday and when the uniform modern retail award was introduced that penalty was applied to all states because it was more appealing to go higher than lower.

does Australia continue to lag behind and retain an outmoded concept?”

There is nothing special about working on Sunday in other countries. In the UK or the USA you do not get mandatory double time rates for working on Sunday. So why

Isn’t it time we made the change, let’s move forward and increase our work force and our productivity in best interests of all Australians?”

Mr. de Bruin continued, “We are not even suggesting the demise of Sunday penalties completely. Conservative estimates suggest that if the Sunday adult rate was reduced from $37.97 to $28.48, being a 50% reduction of $9.49 per hour, it would save the independent supermarket industry an estimated $147m annually. The figures speak for themselves in terms of potential economic growth and prosperity.

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Industry News

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s o l u t i o n s

Industry News

Bruce Billson says farewell On the 6th May, former Small Business Minister and Minister for Competition Matters, Bruce Billson celebrated with his family and 300 guests, 20 years in public life, 20 years as member for the seat of Dunkley. This also happened to coincide with Bruce’s retirement from public life with the announcement of the forthcoming double dissolution election. Special guests and admirers of Bruce included; the former Prime Minister, Hon Tony Abbott, the former Minister for Trade and Industry, Andrew Robb and Minister for the Environment, Hon Greg Hunt. Guest speaker, Tony Abbott spoke glowingly of Bruce’s career and achievements but most of all about Bruce’s acute sense of humour and strong values set. Bruce delivered an eloquent farewell speech, thanked his family for their unwavering support, his many staff over the years for their loyalty and of course the many people whom he has dealt with over the years. Bruce spoke fondly of his humble beginnings in The Pines in Frankston, Victoria and said that regardless of what postcode a person comes from, they should all have an equal opportunity to avail themselves to the amazing opportunities that exist in Australia. MGA members and Directors joined in to celebrate Bruce’s epic 20 year political journey as a gesture of thanks for all the engagement and opportunities Bruce made available to MGA and its members over the years, to continuously raise issues affecting our members – none more so than competition law reform matters. Throughout the evening there were many tributes delivered via video from many of Bruce’s former political friends and colleagues, including Prime Minister Malcolm Turnbull. When the Coalition came to government in late 2013, it was Bruce who initiated the Root and Branch review of Australian Competition Laws and Productivity. This was followed by the assembly of eminent Australians known as the Harper Panel. Professor Ian Harper and The

MGA Director Grant Hinchcliffe, Bruce Billson & MGA member Jeff Harper

Hon Tony Abbott

Bruce Billson

Harper Panel underwent extensive consultation, released a preliminary report for consultation and then its final report on 31st March 2015. The Harper Panel, amongst 55 other major recommendations, suggested that section 46 – misuse of market power – be strengthened and include an effects test. This was a major win for privately owned businesses and a significant journey and process that Bruce and his team initiated and delivered upon. Bruce also did much work and made a difference in the areas of Unfair Contract Laws, Franchise Code, the Food and Grocery Code of Conduct and of course the delivery of the 2015 Small Business Budget. Farewell to the “Evangelist” for Small Business, Bruce Billson – we wish Bruce and his family well in their new life ahead and thanks for the memories.

Competition – Effects Test support MGA meets Members of Parliament in Canberra

MGA’s Directors Rod Allen,Debbie Smith, SA Independent Senator Nick Xenophon and Jos de Bruin

A small delegation of MGA Board members met with several members of the Federal Parliament on the 3rd of May, at the time of the budget announcement, to discuss with them a number of topics including the recent announcement by Prime Minister Turnbull that the Harper Competition Panel’s recommendation to strengthen competition law with the introduction of an effects test would be fully endorsed and supported. Members of Parliament we met included staunch supporters and advocates for

strengthening competition law; namely; National Party Senator and Minister for Northern Australia, Matthew Canavan, former Small Business Minister and strong supporter, Hon Bruce Billson, SA Independent Senator Nick Xenophon, Current Minister for Small business and Assistant Treasurer Hon Kelly O’Dwyer and Greens Senator Nick McKim. Disappointingly, it was again determined, after a visit to the Shadow Minister for Small Business, Michelle Rowland’s office, that the Labor party does not support the introduction of the effects test into section 46 of the CCA.

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RadiPac EC centrifugal fan 18

EC Upgrade for Supermarket AHU RadiPac EC centrifugal fan EC Upgrade for Supermarket AHU RadiPac EC centrifugal fan Supermarket ECEC EC Upgrade EC Upgrade EC EC Upgrade Upgrade Upgrade Upgrade forfor for Supermarket for Supermarket for for Supermarket Supermarket Supermarket Supermarket AHU AHU AHU AHU AHU AHU

Industry News

Upgrade for supermarket air-handling unit

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Advantages of EC Upgrades Advantages of EC Upgrades

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www.ECupgrades.com.au | www.ebmpapst.com.au its capacity to match the original fan The fan speed can be set via a potentiometer www.ECupgrades.com.au | www.ebmpapst.com.au performance, but it only consumes 3.45 kW. outside the AHU and can easily be adjusted. The original fan required a 15 kW 4-pole www.ECupgrades.com.au www.ECupgrades.com.au www.ECupgrades.com.au www.ECupgrades.com.au www.ECupgrades.com.au www.ECupgrades.com.au www.ECupgrades.com.au || www.ebmpapst.com.au www.ebmpapst.com.au | www.ebmpapst.com.au | www.ebmpapst.com.au | www.ebmpapst.com.au | |www.ebmpapst.com.au www.ebmpapst.com.au To ensure that the fan is not over- or under June 2016 - Edition 4 motor.

pulleys, and the

maintenance-free.

fans’ be

Industry News

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Industry News

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June 2016 - Edition 4

Industry News

Does your business pay too much for electricity? Determining what tariff is right for your business depends on your total consumption, your hours of operation and your energy usage patterns. Assessing who is the correct retailer and which is the correct tariff for your business is a large component of formulating a holistic energy management solution. Many businesses are not aware that there are a number of tariffs and tariff structures available to them and even more businesses are not aware of how they work. New tariffs and new measurement criteria are on their way for many businesses as of July 1 this year.

Are you prepared for the upcoming changes? Are you actively managing your demand? Step 1: Determine what type of tariff you are on Step 2: Assess how much electricity you are currently using at what times over a 12 month period Step 3: Introduce energy management strategies to reduce and ‘flatten‘ your consumption pattern Step 4: Re-negotiate your tariff based on new improved consumption patterns

Case Study

This graph illustrates the usage pattern from an IGA supermarket. It shows a typical usage pattern for a medium to large store. At some point in time before this year that is graphed, their usage peaked at 260kW. During the year shown they peaked at 161kW. This meant they paid an extra $13,000 for access to power they did not use.

After consultation with Keemin and implementing energy management strategies this retailer has the potential to realise savings of over $40,000 per annum. There is not a ‘one size fits all’ solution when it comes to energy management. The most effective solutions are tailored to the business and require a detailed knowledge of all the available options. Contact Keemin Energy Solutions on 5368 2001 for a complimentary explanation and review of your account and energy usage patterns.

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Industry News

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Industry News

MGA meets Small Business Minister and Assistant Treasurer in Canberra The day after the federal budget was handed down by Treasurer Scott Morrison, MGA’s Board members met with Assistant Treasurer and Minister for Small Business, Kelly O’Dwyer to discuss the news about the budget and how it will impact upon MGA members around Australia. The Minister was very keen to hear MGA’s views of how MGA members would benefit from the budget announcements. There will be many budget benefits for MGA members that will assist their day to day businesses as seen in an earlier article in this edition of the Independent Retailer. On another note; the Minister’s office also stated that the Harper Competition Policy Review panel’s recommendation that was recently fully supported by the Prime Minister would be enacted upon immediately after the election; ie. drafted legislation will be brought before the parliament, discussed and passed

ATO audits MGA has been contacted by the Australian Taxation Office (ATO) to advise that inspectors will be targeting supermarkets to ensure that they are meeting their employer obligations with respect to superannuation, PAYG taxation and fringe benefits tax. As from 1 July the ATO audit teams will be out in force to check that stores are complying with the taxation laws and will assist wherever possible with any queries members might have. MGA has been informed that the ATO will use a variety of ATOheld information to identify employers likely to have been noncompliant with meeting their SG obligations. The ATO assures MGA, there will be no surprises, as any business who will be targeted for an audit will receive notice by way of a letter advising them of the audit. The ATO will then follow-up with a phone call approximately 1-2 weeks afterwards to discuss the issues. The ATO has assured MGA that the ATO team will work collaboratively with businesses and in the event of any breaches will assist businesses to comply with their obligations. For more information concerning these ATO audits please see MGA’s website. Should there be any member concerns please contact the MGA team.

Jos de Bruin (left), Kelly O’Dwyer MP(middle) with MGA’S Directors Debbie Smith, Rod Allen and Andrew Bray

through both houses – this is all dependent upon the outcome of the election of course. Members, it needs to be noted that the Labor Party is not supportive of the Harper Panel’s recommendation to strengthen section 46 of the CCA by adding the effects test.

A new $5 note is on the way MGA members please note that there is a new $5.00 note about to be released. The Reserve Bank of Australia has released images of the new $5 banknote that will be issued into circulation from 1 September 2016. Key aspects of the existing design – colour, size and people portrayed – are retained for ease of recognition and to minimise the disruption to businesses. There is also a new ‘tactile’ feature (raised bumps) to help the vision impaired community distinguish between different denominations of banknotes. The RBA Governor, Glenn Stevens, said the innovative new security features have been incorporated to help keep Australia’s banknotes secure from counterfeiting into the future. Images of the design artwork for the new $5 banknote have been revealed to facilitate preparations for the smooth introduction of the new banknotes. The objective is to ensure that members of the public are able to identify and use the range of new security features on the new $5 banknotes when they start to receive them. The current series of banknotes can continue to be used even after the new banknotes are issued.

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often have the seemingly unsurmountable task of keeping up with the big chains. Smaller economies of scale can limit our customer’s ability to implement custom made solutions, leaving them on the back foot and fighting by reaching deeper into their pockets, says Samuel Pons – Managing Director 24 Industry News of World Smart. This is why we have worked tirelessly over the past year to seek out the most innovative technologies that are not only set to bring leadership to groceries retail, but will provide our clients with custom made solutions that will help them drive their footfall, increase revenue allthewhile allowing them increase their price by understanding their shoppers are willing to WorldSmart – Helping you Expo(nentially) increase yourwhat revenue pay As many may have expected, in 2016 WorldSmart will once again • Consumer analytics and customer profiling participate in the Metcash Supermarket and Convenience Expo. • Targeted direct marketing “While we do not want to reveal too much, too soon, below is a sneak peek into some of the things Being a company that has mastered over 26 years of being at the • E-commerce we are ofbringing totechnology, this year’s forefront grocery retail each stand”, year we getSamuel a little bit said.• New hardware – including checkouts and self-checkouts excited to showcase our product range and use the opportunity • Contextual loyalty to ‘catch up’ with many of our loyal customers. This year, we • Software updates • Consumer analytics and customer profiling are ecstatic to be able to showcase some of the most advanced • Targeted technologies that are set direct to changeMarketing the game of retail. At the Expo you will see a wide range of solutions, some are well developed and integrated, and some have been presented • E-Commerce As a company working with independent retailers, WorldSmart as concepts – to see if you see the potential in them. “But really, understands that our customers often have the seemingly want to leave you with a very clear understanding that • New Hardware – including checkouts andweself-checkouts insurmountable task of keeping up with the big chains. Smaller WorldSmart is transforming as a company. We are no longer just a • of Contextual Loyalty economies scale can limit our customer’s ability to implement POS provider, we are your technology partner of choice, leaders in custom made solutions, leaving them on the back foot and fighting the field and the only independent provider able to take you into • Software Updates by reaching deeper into their pockets, says Samuel Pons, Managing the future with a full suite of solutions that will help you Director of World Smart. This is why we have worked tirelessly over play and win in this very competitive environment, Samuel At Expo you seeinnovative a widetechnologies range ofthat solutions, some are developed and integrated, the the past year to seek outwill the most are added. All of our well technology is fully integrated with our current and not only have set to bring leadership to groceries but will provide to provide you greater access to tools that will help we want some been presented asretail, concepts - to see ifsolutions, you see the potential in them. “But really, our clients with custom made solutions that will help them drive their you transform your business. In short, WorldSmart is transforming to leave yourevenue with alla the very clear understanding thatasWorldSmart is atransforming asthat company. footfall, increase while allowing them to increase their a company. We see big gap in companies can help We are pricelonger by understanding shoppers are pay. technology independents compete win against the bigin endthe of town, no just a what POStheir provider, wewilling aretoyour partner of and choice, leaders fieldso and the we are evolving to fill that gap. We are becoming your trusted only able take into the future witha company a full suite of solutions that will help “Whileindependent we do not want to provider reveal too much, tooto soon, hereyou is a sneak technology partner, that keeps its promises and leads peek into some of the things we arevery bringing to this year’s stand”, the industry in providing technological that drive you play and win in this competitive environment, Samuel added. All ofsolutions our technology is fully Samuel said. real dollars.

integrated with our current solutions, to provide you greater access to tools that will help you transform your business. In short, WorldSmart is transforming as a company. We see a big gap in companies that can help Independents compete and win against the big end of town, so we are evolving to fill that gap. We are becoming your trusted technology a company that keeps its Visitpartner, the WorldSmart This year we will be running a number of Expo only specials. promises and leads the industry in providing technological solutions real how dollars. standthat to drive find out

Visit us in the tech zone, at stand numbers 210, & 227. you211, can 226 increase your What is more, this year we will be running a number of Expo only specials. Visit us in the tech zone, revenue and save at stands number 210, 211, 226 & 227. money in 2016/2017

For more than 20 years WorldSmart has continued to challenge its the back pocket of its retail partners. By staying at the forefront of with some of the most sophisticated retailers in the country, World its established portfolio of products to generate further benefits fo

W O R L D S M A

VIS 210

June 2016 - Edition 4

Industry News

MGAQ Committee meets with Ipswich Mayor Paul Pisasale in QLD

supermarkets and planning and zoning issues.

train your staff to care about customers and store owners, it’s imperative you care for your staff. He emphasised that we have a role to play as “community supermarkets” and that we play a significant part in providing employment (pro rata more than the chains) and robust engagement with many local businesses such as freight companies, produce suppliers, cleaners, accountants, and trades people, to name a few. We thank Mayor Pisasale for spending time with the MGAQ Committee and spreading the word amongst all of his mayoral colleagues around Queensland.

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VISIT OUR STANDS VISIT OUR STANDS 210, 211, 226 & 227 210, 211, 226 & 227

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W W O O R L S S M MA AR RT T. C R D L D . CO OMM. .A AUU

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For more than 20 years WorldSmart has continued to challenge itself to provide products that put more money into For more than 20 years WorldSmart has continued to challenge itself to provide products that put more money into the back pocket of its retail partners. By staying at the forefront of retail technology, innovation and through working the back pocket of its retail partners. By staying at the forefront of retail technology, innovation and through working with some of the most sophisticated retailers in the country, WorldSmart is well positioned to continue to improve with some of the most sophisticated retailers in the country, WorldSmart is well positioned to continue to improve its established portfolio of products to generate further benefits forfor its its retail partners. its established portfolio of products to generate further benefits retail partners.

LAST RESORT BUILD ZONE

FRESH FOOD 33.50m x 46 AREA m (1541 sqm) 33.50m x 46 m (1541 sqm)

EXIT

LAST RESORT BUILD ZONE

LOADING DOCK

Visit the WorldSmart Visit the WorldSmart stand to find out how stand to find out how you can increase your you can increase your revenue and save revenue and save money in 2016/2017 money in 2016/2017

PAVING PAVING

Unsurprisingly, being a major advocate for “the small guys having a go”, Mayor Pisasale’s major insight was “focus on customers and not profits”. Get to know your customers,

EXIT EXITFEATURE FEATURE

After a robust committee meeting, Paul addressed the meeting with his deep insights and values concerning the prosperity of independently owned businesses, particularly supermarkets and the vital local role they play within the communities within which they trade.

LOADING DOCK

The MGAQ Committee, representing all of MGA’s Queensland members (Foodworks, Friendly Grocers, IGA and SPAR) is very active in addressing a number of important issues including; opposing NRA applications to deregulate trading hours in Qld, the Introduction of packaged liquor licensing for

Mayor Paul also showed off his famous Guinness Book of World record collection of espresso cups that are on display in the Mayors Council Chambers – fascinating!

2185 mm

This gesture from Paul was greatly appreciated by the committee and indicated his deep support for privately owned businesses and family owned enterprises, not only in the Ipswich area but all of Queensland. Special thanks to MGAQ Committee member Terry Slaughter for facilitating this meeting.

L-R: Zac Mina, Terry Slaughter, Peter Piccone, Mayor Paul, Roz White, Debbie Smith, Jos de Bruin and Marie Brown

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On the 16th of May, the MGAQ Committee were invited by Ipswich Mayor, Paul Pisasale to conduct its meeting in the Ipswich City Council Chambers.

Industry News - Liquor

June 2016 - Edition 4

Industry News

ACCC to commence excessive surcharge compliance role – 1 September 2016 The Australian Competition and Consumer Commission will begin enforcing the ban on excessive surcharges for large merchants on 1 September 2016. On the 26th May, the Reserve Bank of Australia Payments System Board (PSB) published its Standard which relates to surcharges by merchants when charging customers for the use of a credit or debit card. Surcharges will be excessive where they exceed the permitted cost of acceptance, as defined in the Standard. “In short, the new provisions will limit the amount businesses can surcharge customers for use of payment methods such as most credit and debit cards. The limit will be linked to the direct costs of the payment method such as bank fees and terminal costs,” ACCC Chairman Rod Sims said. The Standard defines what businesses are

able to include in setting a surcharge and sets out a two-staged implementation, with the ban commencing on 1 September 2016 for ‘large merchants’ and 1 September 2017 for all other merchants.

ACCC’s enforcement role, what businesses need to do in order to comply, and how consumers can make complaints if they believe a business has charged a payment surcharge that is excessive,” Mr Sims said.

The Standard defines a ‘large merchant’ to be one that satisfies at least two of the following requirements: • it has a consolidated gross revenue of $25 million or more, • the value of its consolidated gross assets is $12.5 million or more, or • it employs 50 or more employees.

“We will focus on education and awareness in the early stages but won't turn a blind eye to possible breaches, particularly for those large businesses clearly on notice of these changes.”

The Standard will apply to six card systems – EFTPOS, MasterCard Debit, MasterCard Credit, Visa Debit, Visa Credit and American Express cards issued by Australian banks. “The ACCC is finalising online guidance material for consumers and businesses, which will provide further information on the

The ban has no effect on businesses that choose not to impose a payment surcharge, such as the many businesses in Australia that incorporate payment system costs into their overall prices. Material on the RBA’s website provides detailed information for businesses about the Standard, including how businesses can identify and quantify those costs that can be passed on to a consumer as a surcharge. The Standard is available at www.rba.gov.au

Business innovation MOTIVATION Top motivations for SMEs behind a culture of strong innovation (% of total reponses). Drives growth and revenue

45%

Makes business more differentiated

41%

Widens customer base in current markets 41%

Manages change and responds to key trends 39 %

Improves productivity

35 %

Improves earnings /profit margins

35 %

NAB Special Report: A Survey of Business Innovation in Australia - September 2015. Motivation & Culture The primary motivation to innovate is to drive growth and revenues For the full NAB Special Report: A Survey of Business Innovation (particularly among ASX300). Innovation is typically defined by a in Australia (September 2015) visit: http://business.nab.com.au/ firms’ knowledge of their markets and customers, constant process nab-special-report-a-survey-of-business-innovation-in-australiareviews, learning from failures and passion and drive. key-findings-13090/

www.mga.asn.au

Industry News - Liquor

5TH GENERATION IS REDDER THAN EVER

Same great wine, new red label June 2016 - Edition 4

Industry News - Liquor

Liquor News Liquor and Gaming NSW introduces online RSA and RCG Refresher training for holders of expiring photo competency cards Liquor & Gaming NSW will soon introduce compulsory online refresher training for holders of expiring Responsible Service of Alcohol (RSA) and Responsible Conduct of Gambling (RCG) photo competency cards. RSA training is mandatory for everyone in NSW who sells, serves and supplies alcohol. Five year photo competency cards have been issued since August 2011 to persons who completed RSA training to work in the liquor industry. Prior to that RSA/RCG holders were issued with paper certificates, which have been progressively phased out and holders required to undertake new training to upgrade to a photo competency card. The last paper certificates will expire on 30 June 2016. The first five year photo competency cards will start expiring from 22 August 2016. Holders of expiring photo competency cards who wish to continue to work in the industry will be required to pay a $35 prescribed fee to undertake online refresher training prior to their expiry date, and will then be issued with a new five year competency card. Refresher training was a recommendation of the 2013 independent review of the Liquor Act to keep skills up to date. Liquor & Gaming

NSW is currently finalising online RSA and RCG refresher training courses which will soon be made available for holders of expiring photo competency cards. Online refresher training will be the only way that a person’s expiring competency card can be renewed. Completing a full course through an approved training provider prior to the expiry of a person’s card will not extend the expiry date on their current card. Holders of expiring photo competency cards will be sent reminder notices via SMS and email to undertake online refresher training prior to their card expiry date. The reminders will include a weblink to access the online training portal. If card holders have changed their contact details since receiving their card they should update them via the weblink on the L&GNSW website. Licensees are urged to remind staff to ensure their contact details are up to date and they complete online refresher training prior to the expiry of their photo competency cards. Further details, including the commencement date for online refresher training, will be provided shortly. For more information visit the L&GNSW website www.liquorandgaming.justice.nsw.gov.au

Around the World Anheuser-Busch InBev to launch non-alcoholic Budweiser Anheuser-Busch InBev has launched a new alcohol-free version of Budweiser in Canada called “Budweiser Prohibition Brew.” According to a Canadian Press report, CAD6m (US$4.6m) has been invested in equipment to make Prohibition Brew, the report said. The beer “leverages the latest dealcoholization technology to create a beer that has 0.0% alcohol by volume and yet delivers the great taste of Budweiser,” according to Budweiser Canada. It is “an ideal choice for a work lunch or casual afternoon with friends, as well as designated drivers and people with active

lifestyles,” said Kyle Norrington, vice president, marketing for Labatt, which is the Canadian division of Anheuser-Busch InBev. A-B InBev has a number of no- and lowalcohol beers already, including O’Doul’s and variants of brands like Beck’s. The branding of Prohibition Brew harkens back to Anheuser-Busch’s history of providing non-alcoholic beer during the Prohibition era, which the company hopes to leverage in its positioning, but also using to connect to the main Budweiser brand. In doing that, the hope is that it will show consumers that everything that goes into Budweiser – from the

ingredients to the craftsmanship to the taste – is the same as what goes into Prohibition Brew. Rival international brewers have already used their core brands to launch nonalcoholic beers. Last year, Carlsberg rolled out 0.0% under its namesake brand. Heineken expanded the European launch of its 0.0% MAXX last year, while it also produces a range of alcohol-free radlers under its Amstel, Dos Equis and Tiger brands.

www.mga.asn.au

Industry News - Liquor

Liquor retailing still holds great opportunities After almost a decade of working at Myer Melbourne Head Office merchandise department, which involved setting up new stores and relaying existing ones Omar Elbelli was approached by a business partner to enter the liquor industry and subsequently purchased his first store. Over a period of 10 years he has grown his business to three stores, Bottlemart Melton, Clifton Springs and Morwell and is planning to grow with the development and purchase of three further stores as he expands his successful business formula. Omar, when did you commence in the liquor industry, what drew you to it and did you have a pre-set vision for your stores? I have been in the industry for 10 years. I’m a retailer at heart, the thrill of buying and selling still provides me every day enjoyment and excitement. My staff have a real passion for the product and combined with our passion to provide service and improve continuously we couldn’t think of a better industry to be in. The industry is dynamic and challenging which is what we like. I believe we are in the industry for the right reasons. Sure we need to make a profit, which is simply an outcome of our work however it’s the passion for excellence that drives us. We are just about to open our third venue in Morwell and have more new stores in the pipeline. Our retailer’s pillars don’t change; service, price competitiveness, wide product range, well merchandised stock and local customer focus. We simply adopt the focus to suit the local demographics and needs of our customers. Our aim is to be the best we can with benefits for all stakeholders – team members, customers and suppliers. How do you see the independent liquor retailer sector, its strengths, its weaknesses, and how do you see it evolving in the future? Being independent is lots of fun and exciting. I have worked in the corporate environment and they might be good at what they do however, there is no fun – it’s all about ‘the what’ and not ‘the how’! We stay aware of what the chains are doing – but we can’t control that. What we do is concentrate on how and what we can do and strive to continually do it better. Our customer service is second to none, the chains can’t replicate this across their fleet, and we can.

June 2016 - Edition 4

Our customers don’t think of price as their first concern, many visit us just so they can also say hello and catch-up whilst buying their product. Obviously, we need to be competitive and we are. We also need to make a fair return for our efforts, we’re not interested in selling product with no margin – that’s why we joined the Bottlemart banner. We get very competitive prices with fair margins. They drive customers to our venues with their marketing and we make them loyal customers with our service. In return they get compliant members who can achieve excellent results. The problem with the industry is that everyone wants to focus on price, whilst the size of the “pie” is shrinking. The shift to premium products and health and wellbeing is here to stay, selling a product cheaper won’t achieve the desired results. Most independents are so concerned with what the big box retailers are doing that they fail to look within their own four walls. Why would you “feed” the beast and buy stock from the big box retailers? All you are doing is making them stronger… Your ability to sell is more important than the buying price. If you can’t sell stock who cares what the buying price is? We receive great product training from suppliers; the weakness in many independents is the lack of product knowledge. We are now selling $100 bottles of whiskey in Melton, because we educated ourselves on the product and our customers have responded. Selling premium product with greater margin potential is good for everyone, why fight it? We need better retail practices to survive in the future. LMG are investing significantly in the digital space, which is how we communicate to consumers now and in the future. Did the deregulation of Victoria Liquor Licensing have any impact on your business? There is no doubt that we don’t need any more big box retailers. As I mentioned before, more retailers simply selling product cheaper

than another retailer is not good for anyone. Deregulation has not made the industry any more diverse as was the government intention, instead it has homogenised the retail offer, and the industry was not short of competition before deregulation – in my opinion it offered more diversity before deregulation. They went too far and now there is a need to be more strategic with how they manage the liquor licensing process. How does opening a new venue 100 metres away from an existing venue help anyone? Deregulation would be okay if the regulator used some common sense. What is your view on the impact of online shopping in our sector, especially as most wineries now have a website and encourage online sales? Online retailing conducted by retailers who have a retail business is positive and progressive. We don’t agree with pure online retailers, they don’t have a desire to add value to the industry. Again the government needs to approach this with common sense. Wineries should not be selling direct to the public, otherwise they should take their product out of the retail area. How would they like it if we went into direct competition with them? It’s funny how some wineries complain about their price at the chains and then sell it direct

Industry News - Liquor

Victoria – Are you compliant? Victorian Commission of Liquor and Gaming (VCGLR) have released their current Liquor Compliance Data, which shows that there are still many Packaged Liquor License Holders who fail to be fully compliant. From the period of 1/01/2015 to 3/05/2016 the VCGLR conducted a total of 17,851 liquor compliance inspections throughout Victoria of which 3,772 or 21% were conducted on Packaged Liquor Licenses. The inspectors detected a total of 1,428 (or 38%) noncompliance breaches, that carried both penalty points and on the spot fines, the top 11 breaches where; Offence section

cheaper than what we do! As part of their digital offer LMG is about to trial online retailing which we plan to participate in. How do you view government compliance changes in liquor licensing and have they had a positive impact on our sector? Most of the requirements are positive and beneficial for the community. However the government must understand that continuing to increase fees and costs to businesses is not a positive motivation. They need to get involved in education and helping retailers to understand their obligation. There is a lot of support available out there from organisations such as MGA that can assist you in being compliant and aware of your obligations as a liquor retailer. Finally there is relentless pressure by health lobbies to have more restrictions on alcohol, product labelling, availability and advertising. If any of these changes were implemented what impact do you think they would have on retailers doing business on a daily basis? The health lobbies need to look at the actual data that clearly shows alcohol consumption even with its increased availability has reduced. However there is a very real illicit drug problem out there that must be addressed by the authorities, it’s convenient to blame the violence occurring in the community on alcohol alone.

Description

Breach Penalty No. Units

108AD (2)

The licensee must establish and maintain an approved responsible service of alcohol program register in accordance with subsection (3)

338

$76

102(2)

Failure of licensee/permittee to comply with requirements of the Commission concerning size format or manner of display

255

$76

108(1) (a)(i)

Licensee/permittee supplying liquor not in accordance with licence or BYO permit and the Act

186

$910

102(1)

Failure of licensee/permittee to display notice required by the Commission

150

$76

108AC (2)

The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee completes an approved responsible service of alcohol program

104

$910

108(1) (a)(ii)

Licensee/permittee permitting/causing liquor to be supplied not in accordance with licence or BYO permit and the Act

$910

$152

101B(2) Failure of licensee/permittee to produce a plan of premises for inspection 101

Failure of licensee/permittee to display licence or permit in a conspicuous place in a manner inviting public attention

$76

108AE (2)

The licensee must produce the approved responsible service of alcohol program register kept by the licensee for inspection on being asked to do so by a member of the police force or a gambling and liquor inspector

$76

108AA (3)

If the licensee is a body corporate, the licensee must ensure that the person responsible for the management or control of the licensed premises completes an approved responsible service of alcohol program

$910

108AA (2)

The licensee (except in the case of a body corporate) must complete an approved responsible service of alcohol program within 3 years from the date on which the licensee last completed an approved responsible service of alcohol program

$910

Most of these breaches and fines could have been avoided if the licensee had and used a ‘House Rules Manual’ available from the MGA designed specifically for ease of use, and clearly identifies the licensees and their staff’s legal obligations when serving liquor. An up to date ‘House Rules Manual’ is a condition of license and must be made available when requested by a VCGLR Compliance Officer. Should you require a current ‘House Rules Manual’, they can be ordered on the MGA website www.mga.asn.au by going to the member login or by calling our National Support Office on 1800 888 479. If you’re uncertain of your liquor license compliance requirements please contact your MGA support staff for assistance to avoid receiving Penalty Points and hefty fines.

www.mga.asn.au

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Industry News - Liquor

Around the World British Columbia liquor stores could be targets for money laundering There are concerns British Columbia liquor stores are targets for money laundering, John Hua explains how it works and what critics want to see done. Questions are being raised about large cash purchases at a BC Liquor Store. According to corporate emails leaked to the NDP, on May 27 of last year the manager of a BC Liquor Store on Cambie St. and West 39th Avenue expressed concerns about a few cash transactions over $10,000, asking whether they should file a report to The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), which tracks attempts to launder money in Canada.

The manager received an answer 15 minutes later saying there was no legal obligation to do so. “The BC Liberal government is not interested in tracking down money laundering when it comes to areas of significant provincial revenue,” NDP leader John Horgan said.

The Nanny State Index When many countries exist side by side in the same region, they have an opportunity to attract residents, tourism, and economic growth through policy competition — and people can make an informed choice about where to go to avoid overbearing government restrictions. The Nanny State Index, a new project from the European Policy Information Center, ranks the European Union’s 28 member states “to identify the worst places to eat, drink, smoke and vape.” Taking a variety of regulations into account, the index found that Finland, Sweden, the United Kingdom, Ireland, and Hungary have the most restrictive “nanny state” policies in the EU, while the Czech Republic, Germany, Luxembourg, the Netherlands, and Slovakia rounded out the five freest countries for personal life choices.

Blossom Hill launches in Australia in independents: UK’s most popular Rosé and white wine brand now available Blossom Hill, the UK’s number two wine brand has just launched in Australia in independent retailers and is set to attract a new generation of millennial consumers to the wine category. Established in California in 1992, Blossom Hill is a multi-million case brand, and is the leading white wine and Rosé wine, and number two red wine, sold in the UK.

This is a style that has strong appeal for the millennial consumer and can help recruit a new generation of wine lovers in Australia. We know that many people simply want to enjoy their wine, not to debate it or be confused by it. For Blossom Hill, taste and accessibility is the priority,” McPherson said.

TWE’s Managing Director for Australia and New Zealand, Angus McPherson, said the launch is big news for independent retailers seeking to attract millennial shoppers into the wine category.

The Blossom Hill wines sold in Australia will be sourced and made in Australia, with four varietals comprising the initial release – Rosé, the signature variety which is currently experiencing 19% value growth in Australia, as well as Moscato, Sauvignon Blanc, and Shiraz. These varieties provide the Australia. Australia is the first market where key popular styles that consumers know and Blossom Hill bottles will feature fresh, new trust, making Blossom Hill an easy choice. global packaging designs for the brand.

“The phenomenal success of Blossom Hill lies in its approachable, fresh, fruity style.

With a RRP of $12.99, Blossom Hill will be sold through independent channels across

To speak to a TWE representative about Blossom Hill call 134 893.

www.mga.asn.au

Industry News - Liquor

NSW introduces container deposit scheme New South Wales Premier Mike Baird has confirmed that the state will be introducing a container deposit scheme (CDS), which will give consumers a 10 cent refund when they return drink containers to designated sites. The scheme will come into force in July 2017, and forms part of the state government’s plan to reduce litter by 40 per cent by 2020. Baird said: “This is an historical day. Never before has there been an attack on litter like we are undertaking today.” Features of the scheme • All NSW beverage containers between 150ml and 3 litres in volume will be eligible for a refund with some exceptions. These exceptions are similar to the exceptions in the South Australian and Northern Territory container deposit schemes, to aid consistency • Beverage suppliers (manufacturer, importer, wholesaler or retailer) that bring eligible containers into NSW will be responsible for funding the refund as well as associated costs • The NSW scheme coordinator is responsible for delivering statewide coverage through a network of collection depots and reverse vending machines. The full list of collection depots will be available on the EPA’s website before the scheme’s launch • From the commencement of the scheme in NSW all beverage suppliers and retailers must sell eligible beverage containers that display the required EPA approved CDS labelling. The labelling will be developed in the coming months

• •

Containers for cordials, concentrated fruit/vegetable juices Registered health tonics

The NSW Minister for the Environment will now appoint a scheme co-ordinator to administer the CDS and will work on establishing the required statewide network of collection depots needed for when the scheme starts in July next year. While MGA is fully supportive of the NSW Government’s objective to reduce litter by 40 per cent, MGA can see no reason to implement further onerous, costly and burdensome red tape upon the business community. MGA submits this is a bad decision by the NSW Government, made without any consultation with MGA’s retailers and comes at a time when our members are looking to simplify and reduce costs in their businesses to meet a very competitive marketplace. There is nothing wrong the public’s awareness toward recycling as can be seen with the current kerbside recycling schemes. Whilst there is always room to improve, this should be initiated through continuous public education and information campaigns rather than more regulations and costs being thrust upon privately owned and family enterprise businesses.

Scheme exceptions Containers that are not included in the scheme and, therefore, do not qualify for a refund includes: • Plain milk (or milk substitute) containers • Flavoured milk containers 1 litre or more • Pure fruit or vegetable juice containers 1 litre or more • Glass containers for wine and spirits • Casks (plastic bladders in boxes) for wine and casks for water – 1 litre or more • Sachets for wine 250ml or more

SHIRAZ GRENACHE A happy marriage of shiraz and grenache - 4.5 Stars “...deep purple, has bouquet garni aromas and brings vibrant loganberry flavour to the front of the palate.The middle palate introduces cherry, mint and herb fruit characters integrated with savoury oak and dusty tannins home in at the finish.” John Lewis, Newcastle Herald, February 2016

For more information contact your local De Bortoli representative or visit debortoli.com.au /DeBortoliWines

www.mga.asn.au

Legal and HR

June 2016 - Edition 4

Industry News - Liquor

25% license fee increase proposed for all ACT off-premise licence holders In October 2015, MGA was invited by ACT Deputy Chief Minister Simon Corbell to represent ACT Off-Licenses on the ACT Government’s Liquor Advisory Board (LAB) and does so through our nominated representative, MGA member and Director of Local Liquor, Peter Karkazis. Currently ACT Deputy Chief Minister Simon Corbell has released the “Building on Liquor Reforms – White Paper” and has asked the LAB, who report directly to him, to review, comment and make recommendations on 40 proposed amendments to the ‘Liquor Act 2010’. Proposal 20 reads; Amendment to the fee structure to recognise the contribution of high-volume off-licences to preloading and alcohol related harm – 25% increase for annual gross liquor purchase value of more than $1m. The MGA rejects proposal 20 in its entirety and on Tuesday 24 May George Kovits, President MGA Liquor, along with a representation of ACT retailers met with the Liberal Opposition Leader Jeremy Hanson and ACT Greens MLA Shane Rattenbury

to voice our members objection to the implementation of Proposal 20. The ACT already have the highest liquor licence fees of any state and territory in Australia and through their licence fee payments, already contribute a high level of financial support to the ACT government towards alcohol related harm minimisation strategies. We do not believe that a store that has purchases of $1m a year (approx. $20k per week) constitutes as a high volume significant discount liquor outlet nor do we believe the fee increase will have any impact on alcohol harm reduction. We will be keeping members updated through our E-alerts, but should you have any queries or need clarification on the proposal(s) please do not hesitate to contact MGA Liquor National Support Office – 1800 888 479.

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www.mga.asn.au

Legal and HR

Legal and HR Employment myths busted Busy retailers are often surprised when they act upon their long held understanding of their employer obligations only to find that their employee can now make a claim against them at the Fair Work Commission or the Fair Work Ombudsman. Mistakes often occur due to minor changes in the law that can have significant cost implications for employers when errors occur. Below we will address some of those widely held myths and misunderstandings: I can terminate casual employees at any time as they are employed from shift to shift Wrong. Since the introduction of the Fair Work Act 2009 (FWA) casual employees have had the same rights on termination as full time and part time employees. As a result a casual employee can file an unfair dismissal claim on being terminated after they have been employed for more than 6 months in a large store and when they have been employed for more than 12 months in a small store

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37492_18EN_Tempranillo_MGM_93x120.indd 1 June 2016 - Edition 4

(fewer than 15 employees). In assessing an unfair dismissal claim, the FWC will want to see that the employer implemented a fair disciplinary process including written warnings before terminating the casual employee. I pay above award rates and therefore the award does not apply. Wrong. In an effort to avoid confusing penalty rates or allowances contained in the General Retail Industry Award, many employers simply choose to pay higher than award hourly or weekly rates hoping to exclude the relevance of the award from their employment arrangement. However, the award does not contain a provision which allows employers to exclude Award obligations if higher than Award rates are paid. This means that a disgruntled employee can makes a wage claim to the Ombudsman for lost penalty rates, allowances or overtime regardless of whether their weekly take home pay is higher than the award rates. Employers should ensure that they are compliant with all of the obligations contained in the Award including penalty rates and allowances. My part time employees volunteer to do overtime, therefore overtime rates do not apply Wrong. Many employers face the challenge of replacing absent employees on short notice. Although dutiful part-time employees may volunteer to pick up the extra hours, employers should be aware that the extra hours worked by a part time employee must be paid at the overtime rate. A part time employee cannot voluntarily forfeit their entitlement to overtime and any hours worked above their agreed weekly roster, will incur overtime penalty rates. It’s ok to demote an underperforming employee or reduce their responsibilities Wrong. If a demotion involves a significant reduction in duties or pay, it may equal a ‘dismissal’, even if the employee remains employed by the employer. The employment contract may be incidentally cancelled by the employer when an employee is demoted without consent. If the demoted employee remains in employment after accepting the new lower position they would be under a new contract of employment. Alternatively, a demoted employee may remain employed in the demoted position without agreeing to the demotion, that is, under protest or for financial or similar reasons. In either case, the employee is likely to have grounds to file an unfair dismissal claim. Importantly if the employee’s contract or industrial instrument contains an express term allowing demotion without termination, then any demotion will not amount to a termination.

17/05/2016 9:03 am

Legal and HR

A valid reason for dismissal â&#x20AC;&#x201C; but termination still unfair Employers often have employees who are problematic for a variety of reasons. For example, an employee is not performing tasks satisfactorily or is consistently late for work or is wasting time carrying out duties. The employer needs to do something to remedy the problem and so the employee has to improve their behaviour or there is no alternative but to terminate the employment.

person and then describe the issues as you see them. Ask for a response, work out a plan for remedying the problem, put the contents of the meeting in writing, sign it and ask the employee to sign it. If the issue continues then set up another meeting but this time, refer to previous discussions and make this a final warning. All your correspondence must refer to the possibility of termination if the matter does not resolve.

In such cases the employer is required to approach the situation in a methodical and careful manner. Firstly, there is a need to let the employee know your concerns. This can be done by simply having a preliminary discussion with the employee, preferably with another person present, and making a note of the conversation. At this point there maybe improvement in behaviour and the issue is resolved.

By following the above procedure you have met the procedural fairness requirements if you are challenged in an unfair dismissal. Remember you may have a valid reason to terminate an employeeâ&#x20AC;&#x2122;s employment but if you do not follow a proper process then you are likely to lose an unfair dismissal claim.

Secondly, if the problem persists and the matter is not so easily remedied then the employer needs to follow the issue up quickly with a formal meeting. Set a time to discuss the issue, make a time with the employee, ask him/her to bring along a support

It really is quite simple, if there is an issue in the workplace investigate it, let the employee know whatâ&#x20AC;&#x2122;s happening, make sure you are not breaching any law, and follow procedural fairness through consultation and making written accounts of your process. Do not make any rash decision as it might just prove costly, even if you are right. MGA Legal and HR can assist you in these matters, so you can call us for assistance.

Recent examples of cases in the Fair Work Commission show: An employee of 3 years was told that there were no more hours of work available due to down turn in business and the employer was genuinely unable to continue to provide work. The employee was terminated and claimed unfair dismissal. Whilst the employer had a valid reason for termination there is a procedure that has to be followed, even in a case of redundancy that ensures the employee is treated fairly and there are no surprises.

An employee had allegedly removed goods from the store without permission and the employer approached her and dismissed her for theft. Regardless of the truth of the incident it is essential to put the allegations to the employee first and follow correct procedure for termination.

If an employee is being counselled for non-performance and you are having regular meetings with the employee there may come a time when the employee cannot meet your standards. You should let the employee know whether he/she is failing to meet the standards required. Keep trying to help the employee but let the employee know if termination is a consequence of non-improvement. Keep the procedure open and fair at all times. Failure to follow procedural fairness can result in losing a case in the Fair Work Commission.

www.mga.asn.au

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Legal and HR

The future for enterprise bargaining Several MGA members across Australia operate their stores under enterprise bargaining agreements (EBAs). Most of these agreements have passed their nominal expiry date, yet remain operational until they are renegotiated, or ‘struck out’ by the Fair Work Commission. For many years, we have seen a reluctance from our members to enter into new EBAs or renegotiate their existing EBAs as the FWC requires that any new EBA pass the ‘better off overall test’ (the BOOT). The BOOT effectively means that your employees would be better off overall under any new agreement. As a result, employers have been reluctant to enter into negotiations for a new EBA, that would likely result in the employer paying their employees higher wages. However this hurdle to negotiating new agreements may soon be removed. Following this year’s election, several of the recommendations contained in the Productivity Commission’s report on the workplace relations framework may come into fruition. Concerning the enterprise bargaining system, the Productivity Commission set out a number of recommendations for change to the content of, and process for making and approving, enterprise agreements, including:

• Replacing the BOOT with the no-disadvantage test. This would require the FWC to assess whether each employee that would be covered by the EBA, would not be placed at a net disadvantage overall by the agreement, compared with the relevant modern award(s); • Giving more discretion to the FWC to overlook minor procedural or technical errors when approving an agreement, if it is satisfied that the employees have not been disadvantaged by the error(s), • Narrowing the types of permitted matters to be included in an enterprise agreement, creating a list of permitted matters that may be contained in the Agreements; and • Allowing the duration of the nominal expiry date of an enterprise agreement to be a maximum of five years; Although it is always difficult to assess what changes to the industrial relations framework may be introduced after an election year, both sides of the Parliament have indicated that the recommendations in the Productivity Commission report will be strongly considered. In the event that the Productivity Commission’s recommendations are introduced, the 2016/17 year may be the time to consider a new EBA for your store.

www.mga.asn.au

Training

2 months free access fees for MGA members. A Ready Business needs to be able to respond anywhere and anytime, while saving on its mobile costs. Vodafone has partnered with MGA Independent Retailers to offer members 2 months free access fees on selected Red Business plans; including generous data, infinite standard national talk & TXT plus much more, all for use in Australia. That’s a huge saving of up to $260. Become a Vodafone Ready Business today. Call 1300 111 111 to take advantage of this offer.

Vodafone Power to you Excludes Red Business Grow and SIM Only plans. Max 4 connections. Offer ends 31.07.16. The nitty gritty: Personal use only for customers with an ABN/ACN. Offer only available to members of eligible associations as advertised relating to this offer (‘Eligible Customers’). Eligible Customers must sign-up (excludes upgrades and rate plan change) to a Vodafone $60 or above Red Business 24 month plan or Vodafone $80 or above Qantas Business Red 24 month plan via calling 1300 111 111 and quoting this offer. Excludes Red Business Grow and SIM Only plans. Free access fees available for first 2 months only and forfeited if you cancel. Discount available for a max 4 connections and applied as an account credit. From months 1-2, min monthly spend is any applicable handset repayments. From month 3 onward, min monthly spend is $60, $70, $80, $100, $130 (for the $60, $70, $80, $100, $130 plans respectively) plus applicable handset repayments. Early exit fee = month 3 onward min monthly spend x months remaining on contract. Not for commercial or resale purposes. Offer not transferable or redeemable for cash. Subject to change. Not available in conjunction June 2016 - Edition 4 with any other offer. V05114 06.16

Legal and HR

The likelihood of changes to the General Retail Industry Award The Fair Work Commission (FWC) has been undertaking the first four year review of the modern award system since the commencement of the modern awards in 2010. There was an interim review in 2012. This has been an opportunity for many unions and employer associations to seek amendments to the awards, and to the General Retail Industry Award (GRA) in particular for the retail industry.

application to amend Sunday penalty rates. We have sought the reduction of the 100% penalty down to 50%. The application has been heard over a long period of time and MGA together with other associations briefed senior counsel to run the case in the FWC on behalf of our members. We are now nearing the end of the hearing and we are expecting a decision in approximately September 2016.

We have kept members informed of the various aspects of the GRA that have been under review by the FWC and many of the amendments that have been sought are likely to be finalised in the next few months.

Other applications have been made by the Unions to change the award and one in particular that members have been briefed on previously and should continue to be aware of, is casual conversion. We have advised members previously that they should not employ casuals on a regular and systematic basis. If the Union is successful in its application any casual employee who

The major change to the GRA that MGA has fully supported has been the

Data security is serious business. From archiving financial records to sharing potentially game-changing innovations to contacts across the world, it is understandable why some business owners could be hesitant to move their work processes into the virtual frontier.

works consistently on a regular basis will be entitled to seek permanent employment. An employer would not be able to refuse the request. Another application in the FWC seeks the right for casuals to claim overtime before 7.00am and for work in excess of 38 hours. There is also an application for the inclusion of a district allowance for employees in remote areas and also the ability to claim wages payment in lieu of annual leave. It is hoped that the FWC will complete all the applications over the next year and MGA will advise members promptly when these matters are finalised and of course immediately the results are published.

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Vodafone Australia is passionate about helping small businesses embrace technology and work smarter. That’s why they’ve selected a range of apps to purchase that remove the hassle of admin and enable businesses to become more agile, better connected to their employees and better engaged with their customers.

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To find out how you can get up to $10 a month off Access fees on selected Business Red 24 month plans, plus a 2 month free Dropbox for Business trial visit vfau.co/MGA www.mga.asn.au

Training

Training Training snippets Brittany Byrnes Jamberoo IGA NSW

Jayde Stewart Creswick FoodWorks VIC

Brittany has been working at Jamberoo IGA for over seven years. In that time she has completed a traineeship in Certificate II in Retail. Now Brittany has completed the Certificate IV in Retail Management. It has taken a couple of years to complete as Brittany had to take time off work. Brittany still managed to complete the course by putting in a great effort. Over the time Brittany has had the chance to develop her skills in the retail sector. Congratulations on a great effort in completing the course and I know that she had great support from one of her supervisors, Brendan, who also completed the course a couple of years back.

Jayde has been employed at the Creswick store for the past 7 years. She started working as a casual after school and then went into a more permanent position about 3 years ago. Jayde did a great job in completing the course. Jayde has put a lot of effort into completing the practical assessments and the online assessments. Over the time she has learnt about many areas of the retail sector, including health and safety, leading a team, how to develop her own priorities and many more. Jayde also had a great support from her supervisor Rob Ohlsen, who also completed the course a few years back.

If you wish to discuss what oppourtunites there are for you or your staff members give us a call on 1800 888 479 (option 2).

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Visit us at Visit www.mga.asn.au/training or free call 1800or888 479call 180 us at www.mga.asn.au/training free

mga.asn.au/training or free call 1800 888 479

June 2016 - Edition 4

MGA NATIONAL ONLINE TRAINING Training

MGA delivers training and compliance solutions specific to the needs of independent retailers. Here are a few of our training and compliance solutions readily available for members.

Food Handling

Responsible Service of Alcohol

Legal and HR Seminars

Safe Work Instructions

Manual Handling

Work, Health and Safety

www.mga.asn.au SIGN UP TO ONE OF OUR FACE TO FACE FOOD HANDLING COURSES IN TASMANIA! • LAUNCESTON: Thursday 4th August, 1pm • HOBART: Thursday 18th August, 9am www.mga.asn.au

Training

National Online Training Courses MGA delivers training and compliance solutions specific to the needs of independent retailers. We have a range of training and compliance solutions readily available for members.

Responsible Service of Alcohol This course deals with the skills and knowledge required to satisfy the requirements for responsible service of alcohol under state/territory legislation. All persons involved in the serving and sale of alcohol must complete this.

*Log in to our website with your member login to order you courses at these member prices.

RSA – WA, QLD, SA, NT

Duration: 3 hours Member Price: $45

Basic Food Handling

Duration: 20-30 minutes Member Price: $25 Food Safety Supervisors

Duration: 4-8 hours Member Price: $105

Food Safety Supervisors – NSW

Duration: 4-8 hours Member Price: $150

Food Safety Supervisors Refresher Course – NSW

Duration: 2-4 hours Member Price: $100

RSA – ACT

Duration: 3-4 hours Member Price: $45 RSA Refresher – ACT

(must be completed every 3 years) Duration: 1-2 hours Member Price: $30 RSA Face to Face – VIC

Duration: 4 hours Member Price: $49 See our website for regional RSA courses

Monitor Food Safety Program

Duration: 2-4 hours Member Price: $105

Food Safety Supervisor & Monitor Food Safety Program

Duration: 6.5 hours Member Price: $180

June 2016 - Edition 4

Responsible Service of Alcohol Do you have 10 or more staff to train in RSA? Contact us to see if we can organise an instore course. *Available in MELB Metro and surrounds.

Training

Visit www.mga.asn.au to purchase our training courses

Health and Safety These courses aim to provide employees with information and instruction on their responsibilities and the responsibilities of management with regard to workplace health and safety.

Health & Safety Induction

Duration: 30 minutes Member Price: $25

Administer Workplace Health & Safety

Duration: 60 minutes Member Price: $40

Emergency Management

Duration: 60 minutes Member Price: $25

Updated online courses on the MGA website The system and courses have been designed to be user friendly and work on most devices, including desktops, tablets and mobile phones. As long as you’ve got internet access, you’ve got learning opportunities.

Food Safety

Food Safety Supervisor course for all states except NSW: $105 Store Security

Duration: 30 minutes Member Price: $25 Manual Handling

Duration: 60 minutes Member Price: $25 Workplace Violence, Bullying & Harassment

Duration: 30 minutes Member Price: $25

Hazard Identification & Risk Management

Duration: 40 minutes Member Price: $40

Food Safety Supervisor course for NSW: $150 *Food Safety Supervisor refresher course for NSW: $100 *Food Safety Supervisor refresher course is a new course developed for NSW. It contains the extra information on raw egg safety and allergens that the Food Authority now requires. You need to refresh NSW Food Safety Supervisor training every 5 years.

Responsible Service of Alcohol – Special introductory price

RSA Online for QLD, SA, WA, NT: $45

RSA Online for ACT: $45 *RSA Online Refresher course for ACT: $30 *The ACT RSA refresher course is to be completed every 3 years after your initial qualification. You must be able to supply evidence of your original RSA certificate to do this course. The online course can be completed in around 1 to 1.5 hours.

www.mga.asn.au

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Check these benefits out! - Competitive premiums - Excellent claims service - Full equipment breakdown cover - Personalised service and top shelf advice - Free â&#x20AC;&#x2DC;Insurance Health Checkâ&#x20AC;&#x2122; Most retailers are under insured and therefore under risk. Protect your business and livelihood adequately by getting a quote today from one of our brokers in your local area. With over 300 stores currently insured, we understand what members want and we make it easy! We understand your risks and challenges, and will help create the policy you need so you can stay focused on your business.

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