Clubs Connect

Connect

Club

www.clubsvic.org www.clubsvic.org www.clubsvic.org

No:8

August 2012 CLUBS VICTORIA INC

Gaming Issue Why Strategic Plans Don’t Work Minimum Wage Case

Importance of Board Minutes

Chefs Table Winners Announced

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President’s Report

Clubs Victoria President, Peter Craig

I

t’s almost 4 years ago since Clubs Victoria was forced to begin to make structural changes to its operations so that we could continue to support Victorian licensed clubs. These changes were brought about by an almost 40% reduction in revenue.

Clubs Victoria needed to restructure to ensure we did not incur significant deficits for an extended period. We finalised this restructure almost 18 months ago; and after four years’ of losses we are now forecasting a more stable future. Clubs Victoria heard the message from many members to focus on key pillars that have seen us in good stead for over 96 years; these pillars are, industrial relations, advocacy, compliance advice, education and buyer advantage offerings.

Over the last eighteen months, members would have an increase in licensed club programs relevant to the entire 1,100 licensed clubs in Victoria.

Just to recap on these unique programs, below are just some of our increased offerings to members we have introduced over the last 18 months;

•

Member Connect: We arrange meetings of clubs to have access to the most recent information. During the year we organised a regional Employment Relations, gaming, compliance and we started the program with Minister O’Brien.

•

New Website: We established a new website to allow greater access to information for clubs. What we used to charge for in the past we now offer exclusively to members at no charge. We also have a public and members only section which allows greater flow of information.

•

New Team: Our business model allows greater flexibility to meet the market expectation and service to our members. Our new team offers increased capability and experience with a focus on providing timely and accurate advice. Our service centre on 1300 787 852 links you with the experts you need.

•

Industrial Relations: Our team of six specialists in club employment relations and advice can be accessed through the Clubs Victoria service centre on 1300 787 852.

•

On line education: As part of Clubs Victoria’s commitment to education we have introduced relevant on line education with plans to extend our offering to include Board governance over the next 12 months.

•

Enable HR tool:

An exclusive offering to members is the free use of the HR tool which allows your team to increase its capability and protects you in future staff actions.

•

Communication Audit: As part of your membership we offer, a free annual communications audit which can be booked through the service centre on 1300 787 852

•

Club Connect Magazine: This exclusive industry magazine provides valuable advice to clubs on various important compliance matters and other special interest reports.

•

Fair Work Australia and Government Submissions: Unlike many other industry groups, Clubs Victoria is a registered employer group; which means, we represent your interests before Fair Work Australia.

We will also continue to provide exclusively to clubs, the annual Food Templates; the bi annual beer pricing guide; the Excellence Awards magazine showcasing Victorian best practice Clubs; and, various social and networking events.

•

Member Essentials: We now send an envelope of special offers to members twice a year. This allows members to receive current specials from our many partners wanting to ensure clubs get a special deal and reduce costs.

Our biggest challenge this year is unification of the sector. The reasons for the split four years ago no longer exist and for the sake of all the Clubs we need to put aside our own interests for the betterment of all Clubs. As your president, I am working hard to get the sector back together again and with your support we will do it.

These new services are just a small sample of the new initiatives from Clubs Victoria this last year. Since we restructured, we have not raised our membership subscription rates; we have divested our previous commercial interests in gaming; we have continued our annual Chef ’s Table competition and the annual awards. We also retain strong governance process, retaining our annual financial report presented to members at our AGM; hold annual elections and we report to Fair Work Australia and the Department of Justice on matters concerning the organisation.

Our plans for growth and greater service to the sector this year include: •

the establishment of a new Customer Relationship Management (CRM) program which will increase competency on the way we communicate with clubs;

•

a new webinar series to allow access to update information at your desk top;

•

a new intranet and issues management program, which will allow clubs to link on matters that concern them;

•

if we get support, a State Conference is planned which will bring education to a more relevant expo for the market; and,

•

more education through our Clubs College will be launched.

CLUBConnect

August 2012 3

Club

Connect

This magazine is the official journal of Clubs Victoria Inc.

Editor Richard Evans ClubsVIC PO Box 363 Carlton South VIC 3053 Phone: 1300 787 852 Email: admin@clubsvic.org - Web: www.clubsvic.org

Clubs Victoria Inc. Council Executive President ~ Peter Craig Vice President, Metropolitan ~ Barbara Kelly Vice President, Country ~ Neville Whitley Treasurer ~ Byron Smith Advertising enquiries ~ Richard Evans, revans@clubsvic.org Clubs Victoria membership enquiries ~ Richard Evans, revans@clubsvic.org

Erwin Nett considers a meal during Chef’s Table competition

Minister O’Brien

5

Why Strategic Plans don’t Work

7

And what to do about it

From the Editor

Gaming Feature

I

Profile

t’s finally here. Transition T day for f our gaming clubs meaning a brave new world is upon us. There has been plenty of uncertainty over the last few years; plenty of confusion and frustration; plenty of promises and assurances; plenty of loud voices and plenty of stubbornness; too little understanding and perhaps a tad too much greed and self-interest. No matter the result transition day is here.

Clubs would do well to remember the fine efforts eff of Mag Kearney and her Clubs Victoria team at the time which provided certainty and security for the club sector when others were advocating a different regulation system. This work has meant gaming clubs can focus on their own future and not be at the whim of others.

Clubs Victoria of course has moved on to continue its support for all licensed clubs and it is now up to gaming clubs to provide for their own future. This month we have a number of columns from some of the industry players on the brave new world.

Our chefs provide an important feature at all that provide food and this month we feature the winners and finalists of the highly regarded William Angliss Chef ’s Table T competition. Chefs were asked to provide a three course meal for ten diners at a cost of $18.50 per diner. The winners were announced at a dinner at the RACV Club on Sunday 27 July.

Victor Hamit provides vitally important governance information inf regarding the writing of Board minutes; Steve Bowman writes about strategic plans and why they may not work and we feature Rebecca Bell of the Kyneton K Bowling Club in our over the bar profile.

It’s a new world and thank goodness.

4

CLUBConnect

August 2012

David Baldi

Chef ’s Table Feature 2012 William Angliss Chef ’s Table Competition

8-15 16-17 18-23

Food & Beverage

25

Employment Relations

27

Got a Minute

29

Over the Bar

30

Partners

Message from the Minister Our Minister Michael O’Brien provides information to clubs

2

012 is a year of both opportunities and challenges for clubs.

A number of significant changes in terms of the conduct of business and the regulation of the liquor and gaming industries are taking place. How well clubs respond and adapt to this new environment will determine their future success.

The Victorian Coalition Government has been busy implementing a range of reforms which we expect will deliver significant benefits to the Victorian community and to local clubs in particular.

I was pleased to launch the new Victorian Commission for Gambling and Liquor Regulation (VCGLR) in February this year.

The new Commission is charged with administering Victoria’s liquor and gambling laws, while working to improve and streamline regulation. It is modern in its approach, engaging and educating industry while enforcing and ensuring compliance with liquor and gambling laws. Significantly, waste and duplication have been reduced by bringing gambling and liquor regulation under one roof for the first time.

One of the Victorian Coalition Government’s first acts was to cut in half liquor licence renewal fees for over 11,000 community clubs and small businesses that presented a low-risk of alcohol-related harm. The Government has since implemented further election commitments by giving licensees the power to bar troublesome patrons from their venues and delivering the five-star rating system.

Under the five-star rating system, licensees who maintain good compliance histories will be rewarded with discounts on their liquor licence fees. All licensees currently have a three-star rating; licensees who avoid specific non-compliance infringements for 24 months will achieve a four-star rating and receive a 5 per cent discount on their fees. Licensees who maintain an excellent compliance history for 36 months will achieve a five-star rating and receive a 10 per cent discount.

In June, I was pleased to launch a new training kit for clubs – “Our Club: Licensee Responsibilities.” Developed with the support of the Collingwood Football Club, the new kit aims to provide a valuable resource to clubs in recognition that club committees are often run by volunteers who may not have a background in legal compliance and can therefore unintentionally fall foul of the law.

The Government understands that committee members can need support to help clarify these responsibilities, and this new resource provides a comprehensive guide to clubs’ legal obligations and tools to assist clubs manage their licences. The training kit covers areas such as the responsible service of alcohol, community or charitable minor gaming activities and the requirements for operating gaming machines.

In gaming, there has been a flurry of activity as the VCGLR has been working to assist the industry in the transition to new gambling licence arrangements. There is no doubt that this transition process has been challenging for all concerned. Both Government and industry have been working hard to make the transition as smooth as possible so that clubs and pubs can begin reaping the benefits of the new structure.

Earlier this year, the Government significantly improved the process for pubs and clubs that wish to sell and/or purchase gaming machine entitlements on the transfer market. Deferred payment terms on entitlements can now be continued after a transfer, with potential buyers no longer facing the prospect of having to pay for entitlements in full before they can be acquired.

Many venues will now be experiencing changing customer behaviour following the removal of ATMs on 1 July. This is a significant reform and will no doubt inconvenience some club patrons in the short term as they get used to the absence of an in-venue ATM. However the Government firmly believes that this will be a successful initiative that will support the measures taken by both government and the industry to promote responsible gambling.

You are likely to be reading this edition of Club Connect close to “D-Day” for clubs with gaming – 16 August 2012. The coming months will no doubt be a difficult and at times stressful period for clubs as adjustments are made to accommodate the new industry environment. But I have every confidence that Victoria’s clubs will emerge stronger than ever and will continue to make invaluable contributions to their communities.

I am always interested in your feedback and encourage you to contact me with any issues.

Minister, Michael O’Brien CLUBConnect

August 2012 5

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Why Strategic Plans don’t work-

and what to do about it?

Let’s look at each of these elements:

The top 5 or 6 things …

By Steven Bowman

S

There are usually five or six key “objectives/strategies/directions” that a club identifies as part of its strategic planning. There may be only two or three, or as many as seven or eight, but usually there are five or six “things”, which we call strategies.

trategic Planning has never been more important for clubs than now, in an environment where world economies are under strain, resources are being critically re-examined, and the future of many non-profits is being questioned. So why does strategic planning have such a bad reputation out in clubs? Why do so many clubs shudder when the strategic plan cycle comes around again.

Why do so many never complete or follow their strategic plan? Why do so many not have a strategic plan?

…that the Board has agreed…..

Here are some of the more common reasons and justifications we come across, and we are sure you will be able to add to them.

…the organization has to get right…..

•

Strategic planning is a waste of time, too complex and with limited outcomes.

•

Day to day predicaments require a lot of time and attention, leaving little time available for planning.

•

The strategic plan process is a commercial business technique which is not appropriate or suitable for our club.

•

Thinking about the future is difficult and very uncertain in turbulent times, and is particularly difficult for me as an action-oriented individual who derives satisfaction from immediate results, not an intellectual process.

This is a chance for you to reflect where your club is with strategic planning. Ask yourself: • • •

Is my plan truly strategic? How do I know if it is truly strategic?

Do we have an outward looking, strategic awareness emphasis, or is it operationally focused?

Is the plan really clear about the required actions, the start and finish dates for these actions, the success measures, allocation of responsibility for all the required actions.

Could anyone pick it up and know what was required, by whom, when, and how we measure whether we have done a great job?

•

Is our plan clearly mapped against the vision of our organization, so that anyone can see how our strategies are creating the vision?

•

Is our planning process simple, quick, and on-going, or is it convoluted, complex and chews up resources?

•

Do we involve stakeholders other than staff, and do we seek other perspectives about what possible futures might look like?

These are great questions to ask, and will provide you with immediate insight into how you can improve your strategic planning process.

So, What is a Strategic Plan?

The definition of a strategic plan we have developed that we find works best with a club is: “A Strategic Plan is the top five or six things the Board has agreed the club has to get right in the next two or three years”.

The strategic plan is the Board’s key accountability mechanism, and it belongs to the Board.

Only the Board can approve the plan, and only the Board can agree to changes in timelines, taking out or putting in new elements, and formally reviewing the plan annually.

These five or six “things” have been identified as critical to the future of the club and its ability to deliver against its vision and mission. One of the Boards’ key accountability requirements is that it rigorously review the achievements or otherwise of the relevant actions under the strategic plan, and be willing to change any element of the plan if circumstances change, and there are new things that it “has to get right”.

…in the next two or three years.

The time frames around strategic plans seem to be around 2 or 3 years.

There are very few 5 or 10 year plans being developed, as assumptions and the environment changes so rapidly that the time frame has shrunk to 2 or 3 years.

There is also a growing trend for strategic plans to be formally annually reviewed, and the notion of “continuous” strategic planning is becoming more common. Gone are the days (or they should be) where a club waits 3 years to see if the plan has worked or not.

Strategic Plans consistently fail because of three key issues: 1.

The lack of implementation … Great plan, shame we didn’t do anything with it.

2.

Poor implementation … We were so busy we got sidetracked, and anyway, we couldn’t see what difference it would make.

3.

Poor inputs during construction … Well, it was really only the manager’s pet projects, so let him do the plan!

Strategic planning with strategic awareness is not rigid or fixed; but, they are rather continual, generative, informative, exciting and vision driven. We have mentioned before, and will mention again, that there is only one thing worse than not having a strategic plan … and that is having one that never changes.

What if strategic planning was the opposite of everything that most people think it is? What if strategic planning was quick, enjoyable, truly strategic, and provided a focus for all the club, from the Board to staff to stakeholders?

What would it take for this to occur in your club?

Steve Bowman is a specialist in helping Boards maximise their potential and can help clubs improve their governance processes.

Steve can be contacted on 9509 9529 or email: steven@conscious-governance.com or check out his comprehensive website www.conscious-governance.com CLUBConnect

August 2012 7

Goodbye to the duopoly – welcome to the jungle…

By Mark Davies

A

s we all get ready to transition to independence with all the fan-fair of the new millennium and with a lot of the Y2K conspiracies as well, I would like to provide a “sobering” column piece on the environment we are all heading into. No doubt most of you have done some sort of financial projection about the increase in share you will receive even if you have no revenue growth. This would excite even the most stoic operator who have been used to making ends meet on the morsel that remained after taxes and previous operator costs. However, before you get too carried away with dreams of how you will allocate this increased profit, please consider the following.

For many years, the market in Victoria has been controlled by two operators who have provided a fairly even distribution of product.

While venues were tiered and some got the new stuff while others got hand me downs, the product distribution was limited and controlled. This has led to Victoria having some of the oldest machines in Australia which has inadvertently stifled growth across the network. What we are seeing already in the shades of transition is something totally different and could provide some insight to the environment we are about to enter.

Some venues have taken the opportunity to purchase new machines, either through the staged roll-out with Tabcorp or the independent ordering with Tattersalls. The evidence so far for those who have purchased new machines is all positive. Some are experiencing growth after declining for some time prior to purchase, others are experiencing double digit growth and massive increase in market share. Those who haven’t purchased yet for a variety of reasons; limited funds, limited knowledge, reluctance to spend capital in shared conditions, are experiencing quite the opposite. Across Victoria the market is fairly flat. But venue by venue, growth or decline is about the haves and the have-nots.

Those who have invested in new machines and have made wise selections (chosen on performance not price) are reaping the benefits from a market that have proven they are loyal to product first, venue second when it comes to their gaming dollar.

While many venues may experience growth in bar and bistro takings in the last 12 months, those same venues may be experiencing significant downside with their gaming revenue. Their regular patrons are still frequenting the venue for their social activity, but are visiting neighbouring competitors who are providing new machines for them to spend their gaming allocation. This is a growing trend that is a timely reminder of the potential outcomes of the brave new world. For those of you who are looking at greater shares of current revenues, unless some of that share is spent on regular gaming product upgrades, maintaining current revenues is not a reality.

We are entering an open market where every venue is going to receive increased share, for some that is a significantly larger sum than others. This environment is a great opportunity for you to invest in future proofing your business from the clutches of open competition. While the aesthetics of a facility are important, stoking the fire of your engine room is what pays the bills. Continued investment in your gaming room will ensure your core business will produce enough funds to deliver future changes to the rest of your offering.

When choosing which machines to buy, make sure you are aware of how the games are performing in other markets relative to other games on the market. You should also know what your competition has purchased and ensure you have the best balance of the most popular games as well as those that give your venue a positive point of difference from your competitor. Simply investing in the same machines as your neighbour will not attract any of their customers to try your venue.

These are exciting times as we welcome you all to the era of the independent operator. But this is a cautionary tale. This journey in other jurisdictions is littered with the remains of venues that chose not to grow. If you are not growing you’re dying. You may have seen the recent ads on television for the “Star Casino” in Sydney. They feature a cabaret performer twinkling on the ivories and singing a lounge version of “Welcome to the Jungle”. For us, at this time, with the challenges of an open market ahead of us, this song seems very appropriate.

Mark Davies is the Product General Manager at Mercury Group.

Contact Mark on 9008 4868 for further advice on gaming matters.

CLUBConnect

August 2012 9

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Mercury Gaming, Unit D3 1/63-85 Turner St, Port Melbourne 3027 Phone: 9008 4868 Fax: 9645 1124 Email: admin@mgv.org.au

Fact or Fiction There is a lot of policy mythology spruiked by the gambling prohibitionists. They would have us believe that poltergeists exist in all clubs in the form of electronic gaming machines. They say these machines tease and seduce citizens to rid themselves of fortunes and destroy Australian families. They say the odds are against a punter and that clubs are places of evil.

Not a bad story. No wonder it attracts the media looking for a “woe is me” pitch to the never ending media releases from politicians seeking prohibition. It is too bad the facts get in the way of what could have been a compelling narrative.

• There are 1,100 licensed community clubs in Victoria and 254 clubs have gaming machines • All clubs are Not for Profit and reinvest their money to the local community mmunity and the club.

• A gaming club is required to invest 8% of gaming revenue as a community mmunity benefit; the remainder goes into the community and the club for the benefit of members • There are 13,750 machines in licensed clubs and the largest club is capped at 105 machines.

• Local Government have capped regions and is highly regulated by the VCGLR. • All gaming clubs subscribe to a Code of Conduct and all clubs provide self-exclusion programs paid by clubs • There are no ATMs in gaming clubs and all gaming club staff are trained in Responsible Gaming.

This is just some of the story that clubs are active in. Ultimately, it is a choice. It is a choice to join a club; it is a choice to visit a gaming club; it is a choice to play a gaming machine; it is a choice to use the self-help programs offered; it is a choice to not play. For those that find these choices difficult, clubs provide support.

Clubs are part of the solution. We are not the problem.

Please visit partofthesolution.com.au for more information.

CLUBConnect

August 2012 11

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August 16 is D-day for venue operators.

Are you ready?

W

ith new arrangements for the regulation of Victoria’s gambling industry coming into effect on 16 August 2012, the Victorian Commission for Gambling and Liquor Regulation (VCGLR) is working closely with Intralot Gaming Services Pty Ltd (IGS), the gaming operators and venues to ensure a smooth transition.

A critical element for a successful transition will be venue operators having a sound understanding of the regulatory environment and responsible gambling requirements that they will have to comply with in order to successfully operate gaming machines.

In August, Victoria will enter a new era in gaming, when for the first time venue operators will become responsible for the operation and maintenance of their electronic gaming machines.

Being aware of the scope of activity and costs associated with acquiring, installing, operating and maintaining gaming machines under the new gaming machine entitlements, are also vital so that their venues remain compliant with Victorian gambling laws.

The new regulatory model gives venues more control of their gaming business and will enable the gaming industry to be more connected to local communities, as well as have more diversity of ownership delivering greater competition.

To assist venues in the lead up to transition, the VCGLR has prepared a venue readiness check-list outlining the key steps and requirements venues should complete in order to run their gaming businesses under the new arrangements.

Venue operators will be responsible for a range of new activities, including those that were previously undertaken by gaming operators.

The check-list, available a via the venue on-line services portal, is tailored to both existing and new venue, and each step provides links to guidance on how to complete that step.

But with change comes new regulatory responsibility and compliance.

Over the next 12 months, VCGLR will inspect all gaming venues and assist venue operators who may be in breach of legislation by developing a plan to return them to compliance within a certain date.

In a bid to ensure a smooth transition, VCGLR is working closely with IGS, gaming operators and venues to accommodate and support the challenges ahead.

To assist with this information inf and education is being provided to support venue operators to assist them to comply with regulations and new requirements.

Letters have been sent to gaming operators and IGS outlining close-down and start-up activities for f the night of 15 August and following morning, and for many venues, on a technical level, these processes will be straight forward.

IGS and gaming operators are also working to develop a schedule of activity following the start up, to facilitate when machines will be removed from venues, and when newly installed machines can be enrolled onto the new monitoring system.

Venues planning gaming machine changes should contact (f changes requested for f dates prior their gaming operator (for to 16 August) or IGS (for (f changes requested for f dates post 16 August).

Venue operators can also seek assistance from a number of third parties in managing their operations.

Information on key topics is regularly posted on the VCGLR website and on the online services portal designed for venue operators. This includes: -

information on key changes to legislation

-

venue signage

-

new controls on automatic teller machines.

-

tax thresholds and marginal rates

-

contact information if you require assistance

For more information please visit the VCGLR website, vcglr.vic.gov.au or call 1300 182 457.

For venue operators further information is available from the VCGLR’s Online Services Portal.

CLUBConnect

August 2012 13

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CLUBConnect

August 2012

SMALL BUSINESS

ACCOUNTING

It’s all in the Game

An Aristocrat’s point of view

By Matt McCarroll

I

n 2002 a fierce battle was taking place for the entertainment dollar between Tattersall’s and TABCORP. Both businesses had to find another way to grow market share. One percentage point was worth $5 million so the stakes were high. They both had chosen their venue locations and locked in the hotels and clubs to long term contracts. They ran exhaustive programs to drive venues to re-invest in their facilities and improve customer service. There was one thing missing.

The game changer was Aristocrat’s Hyperlink product Cash Express. TABCORP took it first to market and gained market share with each installation. This jackpot link grabbed market share for TABCORP for almost a year until it was finally deployed

by Tattersall’s to stop the slide. Under the new operating system it will be the venue operators and the service providers who need to choose the right product for their customers to move market share to their venue or venues.

When gaming first started in Victoria, TABCORP had server based gaming that was cashless with card and keno games. Remember the old TABARET ads with AFL legends like Dipper, Plugger and Sos the slogan was “put your finger on a winner”. Slick marketing campaigns and the latest gaming technology, how could they go wrong? Tattersall’s on the other hand came out with the VLC machines that were multi-game and had some 5 reel games that looked like the NSW version Victorians used to travel hours to play north of the border and they used coins. Slick ad campaigns featuring AFL footballers could not compete with better game content. Players spoke with their feet giving 70% market share to Tattersall’s and TABCORP 30%. Proof once again that the right games are critical to market share.

During my 24 years in the industry I have had the opportunity to work with some of the best gaming operators in the world, Aristocrat, Tattersall’s, TABCORP and Crown Casino. All have their own way of analysing and choosing gaming content. They have taught me many things and I have been able to guide venue operators using this experience. The greatest change in my career and I suspect yours is about to happen with the change to the new operator system on 16th August 2012. Will it be positive or negative? It’s up to you.

I often bring interstate guests to Victorian gaming venues. They always ask me “how did their floors get like this?” To answer this question you must consider the challenge of Tattersall’s and TABCORP to run a network of 260 venues and 13,750 machines each. To do this inexpensively you need to think about the logistics of moving machines and boxes around while keeping your business partners happy with what they were given. The operator would select which product they wished to buy and then try and spread the product as wide as possible. Each venue usually got at least one copy of a new game and then as the game aged it would be passed down the chain until most venues had that content installed. This made life a lot more difficult for venues at the bottom of the food chain and did not allow for tailoring your gaming offer.

Since the Labor Government announcement to not to renew the current operator licenses in 2008 little capital has been spent on the improving the gaming offers other than some fine tuning for the $5 maximum bet. This has caused a lot of product to be dumped into the low denomination category using product not designed by the manufacturers to be in that space. We now have a long tail of games residing in 1 cent that need a refresh. Recently clubs and hotels have put their hands in their own pockets to rebuild their floors to improve their offering. One venue operator in the west of Victoria paid $130K for his entitlements and still invested a further $130K in new gaming product from Aristocrat to improve his offer.

He understands how competitive the new Victorian market will be.

Competition will increase post August 2012 not only amongst venues with in each local government area but amongst the new entrants to the market the service providers and consultants. Each service provider will need to continually add value to their client base by using their product and game selection skills to keep their clients happy. I know it’s going to be highly competitive, I know gaming content is vital to compete and I know that one gaming manufacturer is passionate and active in the Victorian market.

Matt McCarroll is the senior sales manager for Victoria and Tasmania for Aristocrat Technologies Australia in Port Melbourne, Matt can be contacted on 9644 1026 or email mccarroll@ali.com.au CLUBConnect

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M

y family has always been involved in clubs and I have fond childhood memories of Christmas parties and many social celebrations. I am a member of my local club, the Yarraville Club, the Sunshine RSL and the Lakes Sports and Community Club where I am currently serving as a volunteer director and previously held the position of president. I enjoy horse racing and have been a full member of the Victorian Racing Club for many years.

I particularly enjoy the sporting events and the opportunity to meet and socialise with members and friends, in a relaxed and friendly environment is a great benefit. Also it gives me great personal satisfaction to be able to volunteer my time as a director and to be able to give to the community. Clubs are full of generous people who do not hesitate in giving their time and energy to support their club and provide for their community, I admire clubbies and it is rewarding to work and mix in the club sector.

Clubs provide the community with social connection, great facilities and hospitality to foster members and the general community to mix together in social and sporting events, whether that is at the local bowls, golf, football or other sports and community club. In some areas clubs provide the facilities and hospitality that is essential for the well being of the community which would otherwise be a potential obligation for government to fund.

After years of working in club development and management, I believe good financial management is paramount for a successful club. I have seen many clubs spiral downward after losing the support of their members and guests who do not want to be associated with a failing club with poor management. So first a club needs to ensure that the board and management have these skills or seek outside consultants to assist them.

I believe that clubs should always be striving to improve their offer and be able to adapt to the changing community expectations.

Business planning is essential to ensure that the club continues to be financially stable, relevant to their local community and can retain their current members and attract new members.

The elected volunteer takes on a very important role in the success of their club. They must first ensure that they at least understand the financial position of the club’s operations and have some knowledge of the complexities of this industry which for some may be a huge learning curve, particularly for gaming venue operators. They also have to ensure that they have employed a manager who has the required skills and can provide leadership. They may also be called upon to make hard decisions to make changes to ensure the club’s financial stability.

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Gaming has been a great asset to clubs allowing them funds to provide better hospitality and sporting facilities. This has allowed clubs to provide community support and employ managers and staff, instead of relying on volunteers which have been increasingly difficult to recruit. I would say that without gaming commencing in 1992 there would be a smaller club sector than currently exists after 20 years of gaming.

We are about to enter an open market where every venue is going to receive an increased share, for some that is a significantly larger sum than for others. However, there are many compliance issues and obligations that gaming clubs will be responsible for, which were previously carried out by the gaming operators. This environment is a great opportunity for clubs but I do fear that some clubs will fail by not meeting the challenges as they are faced with the forces of open competition. Continued investment and strategic business planning in their gaming room will ensure their core business will produce enough funds to be successful. Clubs cannot rely on their current gaming revenue to be stable, we have already seen large swings in market share with the purchase of the correct gaming products.

Most of the increased obligations will fall on the shoulders of the management and they may have a huge learning curve as they now may have to take control of gaming machine management. Having the right machines installed will be paramount to the success of the club and whether the club is going alone or has appointed a service provider the manager will need to make sure they have the right product and be aware of how the games are performing in other markets relative to other games in the market. They will need to ensure they have data to analysis the games and ensure that they have marketing programs in place.

Mercury has delivered on its promises and built a strong team of professionals with the skills to assist our members to meet all their obligations. We are passionate and focused on ensuring our members are transition ready and will be successful in the new gaming structure. Mercury has been recognised by government and industry stakeholders as a major group. We have demonstrated our integrity and ability to build strong relationships and service our members with all of business assistance. “Our Members Trust Us” For clubs who may be anxious or concerned about future viability they should consider and focus on strong financial management, upgrading their gaming products regularly and ensure they have the ability to manage all the new requirements, if not get assistance from a service provider such as Mercury

Profile David Baldi

General Manager, Mercury Group

CLUBConnect

August 2012 17

- Winners -

2012 William Angliss Chef ’s Table Awards

For the first time, the 2012 Chef ’s Table competition was divided into two categories – –

I

Fine Dining being the traditional judging criteria Good Food for those clubs who do not specialise in fine dining but are just as passionate, talented, willing and capable of performing to the highest credentials.

t was a great success, especially for the judges who were able to, for the first time, adjust to differing levels of expectations, allowing for the clubs to focus on what they do well – service their members.

Some clubs do Fine Food but most clubs do Great Food and in having the two categories we are able to celebrate this diversity.

The criteria for submissions and judging remain the same for both categories. The difference for the Tasting Judges is the level of expectation, and for the Chief Judge it is the degree of skill and technicality. As Erwin says, “This opens the competition up so that all those wonderful chefs who daily cater for the special demands of their club members with great skill and passion are not competing with Master Chefs who work in the most exacting of operations.”

The Chief Judge accounts for one third of the total score based on his observation of the chefs in the kitchen, and it is this score that ultimately decides the final winners.

Clubs Victoria has created a much more level playing field for ALL clubs.

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Fine Dining – Melbourne Cricket Club For the first time the Chief Judge scored 100% for skills Good Food – Patterson River Country Club A wonderful blend of traditional fare and great club food, well executed and presented.

- Runners up -

Fine Dining – RACV Country Club Healesville The Tasting Judges’ choice, an exceptional combination of presentation, cooking technique and creativity.

Good Food – Box Hill Golf Club The meal reflected perfectly the philosophy of Good Food, taking basic ingredients to a higher level and then presenting with imagination and skill.

- Highly Recommended -

Degree of Technical Difficulty – RACV City With two types of beef preparation, other ingredients perfectly executed and complimentary, this dish was an excellent combination of presentation, cooking technique and creativity and overall taste.

Menu Design and Description – Eastern Golf Club Sheets of scribble turned out to be the menu – written over Herminder’s planning sheet!

Usage of Local Product – Stawell Harness Racing Club Eel from a local dam, veggies from a local organic grower, wine from a local winery and even a local “weed” (warrigal) that makes a great green puree.

Presentation and Service – Sandringham Yacht Club The table showed great innovation and class with a sense of fun and the chicken and egg meal carried this forward.

Food and Wine Matching – RACV Country Club Healesville Impeccable in every way – this was an amazing experience.

Course Prepared “From Scratch” – Italian Sports Club Werribee Entree: The “snails” were a surprise and the blend of unusual flavours most pleasing. A delight.

2012 William Angliss Chef ’s Table Awards Chief Judge erwin nett

I

Talk to us about a customised solution E E

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W www.lancerbeverage.com P 1300 146 744

s German born and a qualified chef who cooked extensively throughout Europe before arriving in Australia. As an executive chef he has worked in a variety of five star operations including cruise ships and the International Hilton Hotels in London, Munich and Melbourne. He has been training at William Angliss TAFE for the past 10 years where most commercial cooking graduates have come across Erwin at some stage of their career training.

He says a highlight of his career was twice cooking for the Queen and Prince Philip in Ballarat.

Coordinating and Tasting Judge Trish ryan r

G

Our systems are in some of the biggest entertainment venues and organisations

Tasting Judge Craig Wilson

in Australia.

Complete set-up from front of house dispensers to cellar fit out.

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rew up in a hospitality family where, by 16 she was running the events for the family catering business. “I had fun decorating the room to match the bridesmaids’ colours and at the time that was not common, but I could also arrange the menu, set a line for the barrel and make sure the staff knew exactly what was expected.

By the time I was at Uni I had lots of work for my fellow students.”

Qualifying with a degree in Teaching and Librarianship led easily into a career of industry training in the 80s. Training with William Angliss has led to a ten year affiliation with Clubs Victoria.

A C C R E D I TAT I O N

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tudied hospitality at William Angliss Institute and has worked in the industry for 15 years managing various food and beverage department within hotels, clubs and reception centres.

This is Craig’s fifth year judging the Chef ’s Table. Craig said “It is a privilege to once again be involved in the Chef ’s Table. It is a fantastic competition and is a great way to lift the profile of club food.”

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2012 William Angliss Chef ’s Table Awards Gold Winner: Good Food patterson river Country Club John Broadley and david Krastins First time entrants, Patterson River Country Club showed they have what it takes. Head chef John Broadley brought his Scottishness to the Chef ’s Table with a wonderful blend of his homeland traditional fare and great club food. The menu John prepared kept the character of what he offers regularly in the club and used flare and imagination to make it a delightful dining experience.

This is the essence of the Good Food category, and John and David were able to mix it with a professional team approach in the kitchen that tipped the scales for the Chief Judge who was most impressed with the discipline and technique they showed in the kitchen and passion for their product.

The Chefs John Broadley has been a chef for 27 years. He came to Australia from Scotland in 2007 and started work at the 5 star Sebel Heritage Hotel in the Yarra Valley working as Chef de Cuisine under Mark Brown who

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was former Roux brothers Chef. Since then he has enjoyed stints at The Dava Hotel Mt Martha (Head Chef) and the Peninsula Country Golf Club (Chef De Cuisine).

David Krastins has been a Chef for 12 years. Training under Chef Max Tangermann at the Australian School Tourism Hotel in Perth WA, he worked in WA for 4.5 yrs before moving to NSW south coast where he worked for 3 yrs.

He moved to Melbourne 3.5 years ago were he has worked at the Dava Hotel Mt Martha and Doyles Bridge Hotel Mordialloc before moving to Patterson River Country Golf Club in late February.

The Meal: A well balanced and executed meal with interesting twists that pleasantly surprised.

Entree: Wild mushroom risotto, garlic lemon and basil oil with parmesan crisp. ‘Simple ‘ and uncomplicated ingredients, full of flavour and aroma and the crisp allowed for just enough contrast.’

Main: Breast of maise fed chicken, black pudding stuffing, crushed new season potatoes, clapshot & a whiskey grain mustard sauce.

“Clapshot” is Scottish for “bubble and squeak” and it may be worth putting up with the cold over there if this is how they mash up veggies! A wonderful and surprising blend of texture and flavour, deliciously moist and well presented.’

Dessert: Butterscotch parfait, cinnamon apple compote with a coconut tuille. ‘Delightfully ‘Delightfully sweet but no flavour dominated, all components worked orked well together. Light and lovingly presented.’

Gold Winner: FIne dInInG Melbourne Cricket Club Aaron duffy uffy and deniz Karaca For the second year in a row the gold award goes to the Melbourne Cricket Club.

With incredible attention to detail, two master chefs each taking charge in their speciality field then assisting in the other, the dinner was a feast of delicacy and professionalism. Their kitchen skills were unquestionable with the Chief Judge, Erwin Nett, giving Aaron and Deniz a perfect score for skills. “I had no comment to make; it was an experience just to be with them as they worked together seamlessly changing from head to assistant as the meal progressed – a true demonstration of a professional fine dining kitchen.”

Aaron Duffy and Deniz Karaca between them bring a wealth of Fine Dining experience from around the world to the Chef ’s Table and we wish Deniz well as he represents Australia in the World Chocolate Masters competition later this year. If the table centre-pieces of chocolate bonsai trees replete with hanging chocolate treats ready to be picked to enjoy with coffee are an example of his skill and imagination then he is sure to succeed. His reply to compliments from the judges was a shrug – “Oh” he said, “I just whipped them up this morning!”

The Chefs: AARON DUFFY made the move from Scotland to Melbourne to take on the challenge of enhancing the Members Dining experience at the MCG. Aaron’s role includes managing the non-match day restaurant and the Committee Room, Members Dining Room and Long Room on event days. His previous experience through Scotland and England includes work at 1 & 3 Michelin Star Establishments, Nico@90 Park Lane, The Restaurant “Marco Pierre White” and Restaurant Gordon Ramsey.

2012 William Angliss Chef ’s Table Awards than previously experienced.

DENIZ KARACA was born in Germany and, started his apprenticeship in 2000 at Cron & Lanz qualifying in 2003. In 2006 he became a Master Pastry Chef and left on his journey around the world working on cruise ships before settling in Australia in 2007.

In 2010 Deniz joined the EPICURE team as Chef de Cuisine Pastry of the MCG and has used his creativity and passion teamed with his exceptional skills and knowledge to enhance the quality and standard of all things sweet. Recently Deniz received first prize of the 2012 Australian World Chocolate Masters where he will now go on to represent Australia at the international competition later in the year.

The Meal: A delight! A very complex menu with high degree of difficulty, it was perfectly executed with well balanced strong flavour and varied textures.

A perfect entree, magnificent main course and an absolutely outstanding dessert. The chief judge used but three words to sum it up “excellent, no issues.”

Entree: Seared Hervey Bay scallops, truffled slow cooked free range Bannockburn chicken wings, apple puree, crisp potato & beetroot fluid gel. ‘The balance of flavour and texture from ingredients cooked simply and to perfection was equalled by the artistry of the presentation.’

Main: roast loin of Cervena venison wrapped with pancetta & morel mushroom, creamed purple congo, spiced red cabbage, braised salisfy in red wine, bitter chocolate and tawny port sauce. ‘A ‘ surprise! Unusual and brave, the plate was perfectly executed in every way.’

Dessert: Arabica coffee delice, crunchy hazelnut layer, Riesling poached Corella pears, macadamia and honey ice cream. ‘A ‘ fitting finale to a well balanced meal, each element complimented the other right to the end.’

Aaron draws from this experience and background to provide a more refined fine dining experience for our MCC Members. This year Aaron has worked with Jacques Raymond and Shannon Bennett of Vue de Monde to take dining at the MCG to an even higher standard

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August 2012 21

2012 William Angliss Chef ’s Table Awards Runner Up: FIne dInInG rACV Country Club Healesville rohan McCullagh and Travis Wheatley RACV Country Club takes fine dining to its highest level. The chefs, Rohan and Travis, bring imagination and intelligence to the Chef ’s Table, creating a wonderful dining experience. Working together in perfect harmony each highly skilled and disciplined, Chief Judge Erwin commented that the kitchen was like a picnic – “Good and efficient methods and techniques, the chefs were relaxed and full of smiles as they calmly produced a wonderful meal.”

Good Food Box Hill Golf Club Kylie Taig and Health van den Berg Kylie was a most nervous first time entrant into the Chef ’s Table this year but showed great skill in preparing a wonderful dining experience with her apprentice assistant, Heath. They showed that they have a special working relationship, moving seamlessly through the three courses and along with their cooperation with the front of house team greatly impressed the Chief Judge who shook his head and commented “What they lack in experience they make up for ten fold in passion and enthusiasm, an exciting team spirit and plenty of technical skill with a great result.”

The meal reflected perfectly the philosophy of Good Food, taking basic ingredients to a higher level and mixing them with well thought out sauces and garnishes and then presenting with imagination and skill.

The chefs:

Both Tasting Judges were without words at the end of the meal.

Trish Ryan said it was a pleasure to just be there. “My expectations were mixed as the first two courses each had an ingredient that were definitely not to my personal taste. I am now a born again Roo eater – as long and Travis and Rohan cook it for me. It was truly exceptional and I just wish I could give more points for accompanying wine.”

Kylie Taig has always had a passion for food, she started her apprenticeship in 2006 at Victoria Golf Club & is now currently the sous chef at Box Hill Golf Club.

The chefs:

Heath Van den Berg commenced his apprenticeship in 2010 and is currently a 3rd year apprentice.

Rohan McCullagh (Chef de Cuisine) and Travis Wheatley (Chef de Partie) proudly carried the flag this year for the RACV Healesville Country Club’s entry into the Clubs Vic annual Chef ’s Table Fine Dining category. Rohan and Travis have been at the club now for three years working in the members’ dining room since the redevelopment in 2009.

The Meal: Planned to perfection, the meal created anticipation after each course as every aspect was in complete harmony, especially with the companying wines. A delightful dining experience.

Entree: Vanilla butter poached yabby tails with black pudding, apple cloud and yabby bisque. A perfectly executed modern plate full of old fashioned ingredients that was most pleasing to both the palate and the eye. A treat!

Main: Seared kangaroo loin with chestnut puree, cavolo nero, pickled beetroot and Arabica jus. Beautifully presented and executed, this plate was an exciting mix of flavour, aroma, colour and texture with silky smooth puree and the meat exquisitely tender inside and crisp on the outer. The wine was a perfect match.

Dessert: Point noir poached pear with dark chocolate nemesis, white chocolate crumbs and milk chocolate ice cream. Far from “death by chocolate” even though the word is mentioned three times in the description, this was remarkable delicate and tasty. A wonderful end to a well balanced meal.

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Runner Up:

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August 2012

The Meal: A surprise! With well thought out balance of flavours and colours the meal worked well, created anticipation for the diner, gave a surprise when the fish was presented and the “burst” of orange was a real flourish at the end.

Entree: Harissa brushed poussin base camped on a pearl cous cous salad pinnacle by a coriander and preserved lemon salad. All elements done to perfection and in harmony, full of aroma and flavour the plate was enticing and interesting.

Main: Mexican stained baby barramundi chillaxing in a tomatillo sauce with baby tomato salsa and smokey potato hasish. An imaginative and beautifully balanced dish, it was done to perfection and presented with flare. The fish looked like it was swimming away!

Dessert: Beetroot semifredo dusted in pistachio with candied orange bursts and interactive chocolate vodka. Fantastic colour and mix of flavours and great crunch from the orange bursts. A highlight.

Finalist: FIne dInInG eastern Golf Club Herminder Khera and Glenn Townsend Eastern Golf Club keeps on surprising. Having won Club Victoria’s Club of the Year award last year, and numerous awards for their event management, the Chef ’s Table night showed us that the whole team works together – from management right down, to achieve their goals. The table was set (most attractively) beside an open fire (great ambience) and with what one tasting judge thought were three trays for condiments. They turned out to be iPads with slide shows ready to go of the chefs in action preparing the meal! Photos were taken during practise and pre-prep and the office threw together the show – a great conversation starter.

And the sheets of scribble at each place setting turned out to be the menu – written over Herminder’s planning sheet – a quaint touch.

2012 William Angliss Chef ’s Table Awards

of their roles working together with skill and commitment that produced an exciting dining experience. “It really is the team that counts in the kitchen” he said, “And it is obvious that these two are a great team, passionate about their trade and very skilled.” And this was carried onto the table with pride and professionalism in the service team.

Finalist: FIne dInInG sandringham yacht y Club Jimmy Mains and liam McKenna

Finalist: Good Food Italian sports Club Werribee Cherie Miller and Kristy Talbot Cherie has been a finalist for five years and this year showed the benefit she has gained from her competition experience. Erwin Nett, the Chief Judge and Tasting Judge Craig Wilson have been present for all Cherie’s entries and were both full of praise and exuberance at the growth Cherie has shown in the balance and sophistication of the meal.

Cherie said she would not have entered if Clubs Victoria had not introduced the Good Food category and she shows an obvious understanding of the high expectations of the members in her club.

Together with Kristy and the front of house team, all of whom have been working at the club for many years, Cherie brings a level of commitment and passion for her trade that is inspirational.

What a perfect setting the Sandringham Yacht Club is! As if the huge deck area on sunny afternoons overlooking the bay is not enough, sunset on a winter’s night is more than spectacular. And the meal presented by chefs Jimmy and Liam proved that the only thing to cap off nature’s beauty is a fun and exciting dining experience surrounded by warm ambience and professionalism.

The chefs put together an interesting, innovative and clever meal, full of chickens and eggs, working in perfect harmony and presented with flare and a twist. The team was well prepared and disciplined and their passion was obvious to the Chief Judge who commented on the cooperation between the back and front of house teams that ensured the meal ran as planned. “Everyone shares the passion.”

Finalist: FIne dInInG stawell Harness racing acing Club leonie Clayton and Wendy pascall

Finalist: FIne dInInG rACV City Club James Blight and Harald nagale The RACV City Club brings its wealth of experience and professionalism to the Chef ’s Table Fine Dining category. If the saying “you eat with your eyes first” is true, then the meal prepared by James and Harald took this to its highest degree. The simple elegance of the room created an ambience that enhanced the same simple elegance of the meal, even though it was far from simple in it technique and presentation.

With obvious pride and professionalism, James and Harald make a great team. The Chief Judge was impressed with their implicit understanding

What a surprise to enter and have a stallion standing at the head of the table, draped in Chef ’s Table colours – a great way to start conversation for a racing club, and the effort shows just how far the community is behind the success of Leonie and Wendy.

Their imagination and pride in their local delicacies was obvious and created an unusual menu full of twists and treats, the faces of the tasting judges dropped when told “warrigal” was a local weed “Grows wild on the side of the road around here!” Luckily local growers have perfected its cultivation and the chefs used it to perfection in the main. It is easy to see why they do well in so many local competitions.

CLUBConnect

August 2012 23

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hat’s monstrous, hairy, crafted with only natural ingredients and named after a robust yet approachable native Himalayan mammal than can be raced and trained as a family pet? Fat Yak Pale Ale from Matilda Bay Brewing Company.

A lovely golden amber colour with a small head, the first impression is the distinctive hop-driven fruity aromas, giving characteristic passionfruit and melon notes. To the nose, it smells slightly fruity with a touch of malt. The mouth feel is good – not too strongly carbonated – and the finish is very pleasant, with the citrus flavours giving way to a slight bitterness thanks to the hops. The taste is clean on the palate which leaves you looking forward to the next Fat Yak. All in all, it’s a very tasty beast, very quaffable and a good match for Asian foods, pizza or a cheese platter with friends. In the words of Scott Vincent, Matilda Bay’s head brewer, “it’s big, but it’s cuddly and approachable”.

Crafted from all natural ingredients including premium malts, American Cascade hops and a hint of New Zealand Nelson Sauvin hops, Fat Yak is a beer for any time of the year.

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August 2012

Minimum Wage Decision What it means for your Club

By Nick Tindley

F

air Work Australia (FWA) released its 2012 Minimum Wage Decision in early June, increasing modern award weekly wages by 2.9%. The increase took effect from the first pay period commencing on or after 1 July 2012.

This will affect all employees of Clubs whose work is covered by the Registered and Licensed Clubs Award 2010 (RLCA).

Unfortunately, with the complex transitional provisions in the RLCA it is not as simple as increasing all wages and penalty rates by 2.9%. Because the RLCA took all awards applying to the Clubs Industry across Australia and created a single award there were substantial State based differences. These differences are being implemented on a staged basis.

Affect on Annual Salary arrangements and Individual Flexibility Agreements Clubs that apply annual salary arrangements for their Award covered employees, or engage in individual flexibility arrangements, will need to conduct a review of those arrangements to ensure that salaries do not fall below the minimum award rates, remembering that employees need to be better off overall under these arrangements when compared with the RLCA.

Management Staff It is vitally important that Clubs review Manager’s salaries in light of the increase. Most Clubs pay Managers under one of the exempt rates under the RLCA, meaning they are paid an annual salary and are exempt from certain provisions of the RLCA. Failure to accurately apply the increase can mean that Managers are paid a salary that falls short of the amount that is required for the exemption to apply. If this occurs those Managers can be entitled to both the higher than award salary and the penalties and loadings that the higher salary was intended to account for.

Affect on Allowances The decision will also affect penalties and loadings under the RLCA award. Most allowances under the RLCA are expressed as a percentage of the ‘standard rate’, being the level 4 wage rate. Because the level 4 rate has increased there is a flow on to these allowance provisions.

If you have any questions about the wage increase or how it may affect your club, please contact Clubs Victoria on 1300 787 852.

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August 2012 27

Got a Minute?

The importance of minutes according to the High Court of Australia De ci si on

By Victor Hamit

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ecently, the High Court of Australia delivered judgments in the James Hardie case (see ASIC v. Hellicar and Ors [2012] HCA 17 (3 May 2012)) which in part considered the importance of minutes of directors meetings. There are lessons in these decisions for directors and committee members of clubs, although the decisions related to a publicly listed company on the Stock Exchange.

For the purposes of this Article, we use the expression “director” to include both directors of companies incorporated under the Corporations Act and committee members of Associations incorporated under the Associations Incorporation Act. At common law, directors are considered to owe a duty of good faith and appropriate care and diligence.

The High Court found that the directors of James Hardie had failed to act with appropriate care and diligence.

Facts 1. James Hardie was concerned about the possible impact of asbestos related injury claims on the James Hardie group. The directors sought to restructure the group which included a strategy to separate some subsidiary companies which may have been liable to asbestos liability claims. They also sought to establish the Medical Research and Compensation Foundation (“the Foundation”) to manage and pay out asbestos claims made against the subsidiaries and to conduct medical research into the causes of, and treatment for, asbestos related diseases.

2. This was a material matter that James Hardie needed to disclose to the ASX in a Statement (“the Statement”)..

3. Amongst other things, the Statement claimed the Foundation was “fully funded”, “has sufficient funds to meet all legitimate compensation claims anticipated”, and after considering the long experience of James Hardie in asbestos “the directors ……..… determined the level of funding required by the Foundation”.

4. The Statement then concluded “James Hardie is satisfied that the Foundation has sufficient funds to meet anticipated future claims”.

5. The High Court found that at the time of making the Statement the Foundation did not have sufficient funds to meet all legitimate compensation claims which were reasonably anticipated and therefore the Statement was misleading.

6. ASIC alleged, and the directors denied, that the directors had approved the release of the Statement.

7. The directors asserted that the Statement was not included in the board papers, and in any event had been amended by management subsequent to the meeting.

8. The High Court found that a draft of the Statement had been tabled at the meeting, and whilst some amendments were made subsequently by management, they were not material amendments.

9. The minutes of the meeting recorded that the Statement was approved and those minutes were in turn approved as a true and correct record at the next meeting of directors.

10.

The Court considered it important in its findings that there was no protest from any director to the Statement (at the meeting or subsequently upon release) or the company minutes.

In short, the High Court found unanimously that the directors had approved the issuing of the misleading Statement and therefore failed to ensure appropriate care and diligence. The directors had therefore breached the Corporations Act. In his Judgement, Justice Heydon, emphasised the importance of minutes by stating:“The relevance of this consideration goes beyond legal obligations. Provisions of this kind correspond with a strong feeling that accurate minutes should be kept at general meetings and committee meetings in organisations of all kinds. They include businesses; educational and medical institutions; social and sporting clubs; cultural and religious groups; professional and trade associations; trade unions; community bodies and political parties [our emphasis]. The members of these organisations, humble as they often are, see it as important that minutes accurately record what took place.”

Minutes Minutes are not intended to be a transcript of every word spoken in the meeting, but a record of the decisions reached. However, what has been stressed by the High Court is that the minutes need to be an accurate record.

Directors have an opportunity to amend minutes, when considered, at a subsequent meeting and should be amended if they do not represent a “true and correct record”.

The Centro Case (see Club Connect Issue August 2011) emphasised the standards of attention and focus required of directors. The High Court in James Hardie has reinforced directors’ obligations to focus on their duties.

I m p l icati on s f or C lu b s The practical implications for clubs would appear to be:1.

Ensure there is an appointed minute taker at each board meeting (generally, but not necessarily, a staff member).

2.

Ensure that discussions are directed to the matter at hand.

3.

Ensure that decisions and actions are clear to all to facilitate accurate minute recording.

4.

Ensure minutes are presented clearly, concisely and in a readily readable format.

5.

Ensure that minutes are produced in a timely manner.

6.

All directors have an obligation to review and consider the minutes before adopting them as a “true and correct record”.

Directors really must actively consider issues within the club’s governance and risk protocols. A director can rely on expert advice but not to the extent of ignoring obvious errors that a person exercising reasonable care and diligence would query.

Clubs operate in a heavily regulated environment affecting a range of conduct which includes gaming, liquor, occupational health and safety and industrial relations. If, as a director, you cannot reasonably focus on these issues, but would simply prefer to participate in bowls or golf at the club – the role and responsibilities of a director are not for you.

Victor Hamit, WENTWORTH LAWYERS Level 40, 140 William Street, MELBOURNE VIC 3000 Email: vhamit@wentworthlawyers.com.au Tel: (03) 9607 8380 Mob: 0408 590 706 Disclaimer: These materials are provided as a general guide on the subject only, not as specific advice on any particular matter or to any particular person. Please seek specific advice on your own particular circumstances as situations and facts vary. Liability limited by a scheme approved under the Professional Standards Legislation

CLUBConnect

August 2012 29

Over the Bar

7 questions with Rebecca Bell Venue Manager, Kyneton Bowling Club

What is good about clubs and what do you like about being a club manager?

In my opinion the best thing about a club is the social aspect. A lot of our club members are on their own, so being a part of a club such as ours is a great way for them to meet new people, this may be over a coffee or game of bowls. Another great thing about clubs is the positive impact they have on the local community whether it is through sponsorship, donations or just providing somewhere for the locals to go where they can feel safe.

I enjoy being a club manager as I like the daily challenges that come with the job as well as the social aspect, you meet so many people all with fascinating stories to tell.

Tells us a little about Kyneton Bowling Club.

During the early cold winter months of 1876, the need for some amusement was felt f by some who were “too stiff ” to kick a football f or wield a willow. Meetings were held between citizens interested in the f formation of a bowling club in early 1876. Membership fees f were set at one guinea per annum. The Kyneton K Bowling Club now boasts 2 full f size grass greens, a sports/members bar, Keno, gaming room, Bistro, f function room, board room and a beautiful outside balcony area.

The club recently underwent renovations which included building a second story and modernising the entire venue. We participate in the Active after Schools Program with Lawn Bowls. Giving back to community not for profit groups is a large part of our day to day operations.

What impact did winning best regional club in 2011 have on your staff and members?

Winning Regional Club of the Year Y in 2011 really boosted the staff moral and overall member participation in the club. I guess you can say it put us back on the map.

What are three things you would advise someone to do if they wanted to be a club manager?

When did you first join a club and what other clubs have you been a member?

As a child I was never really involved with a sporting club, however every New Year’s Y Eve and Christmas we would go away a and we ended up at a club to celebrate with the family. When we would stay with Nan we would end up down at “The Club” for f bingo, not that we could play.

In 2003 I began work at the Maryborough Highland Society and joined as a member there. I am now a general member of the Kyneton K Bowling Club (Not a Bowler...Yet).

What was your career track to the current position you hold?

I completed my certificate 2 in Hospitality Operations while at school and really enjoyed it. After deciding nursing wasn’t for me I went into the Maryborough Highland Society 2 weeks after I turned 18 and asked if they had any positions available. I was given an interview on the spot and was offered a job. I enjoyed it so much I enrolled at the University of Ballarat to complete my Diploma in Hospitality Management and a certificate 3 in Event Management. I had to complete an Internship which I completed at the Highland Society for f 6 weeks. I completed my course 2 years later and was offered the Function Managers position at the Highland Society. Just over 18 months ago, I was offered the Manager’s position at Kyneton Bowling Club, which I accepted.

Learn from f as many people as possible - There is always many ways wa of performing the one task Do some work experience in all areas of a clubs operations; Bar, Gaming, Memberships, Functions, and Accounts and with the manager.

You need to have patience and be able to work under pressure to face the day to day challenges that arise

What are the most important things for a manager to keep informed about?

You need to be informed and up to date on the day to day happenings of your club; this includes staffing issues, stock control, financials and keeping your product knowledge up to date as you need to relay this knowledge onto your staff for the staff to be able to perform their job to the highest possible standard.

What is the biggest lesson you have learnt as a manager?

You can’t do everything yourself, no matter how hard you try, that’s why you need a good reliable team around you. I have also learnt that you need to have patience and time to sit and talk to your members.

As I am still quite young, I am constantly learning each day and have many lessons to learn.

Trade Directory now online at www.clubsvic.org 30

CLUBConnect

August 2012

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