Aussie Painting Contractor Magazine October 2022

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Seasonal employees and contractors

How they can benefit your business!

Creating a more SPACIOUS LIFE

The kind of practice you can do in any moment, with any activity.

Creative Gift Ideas for Small Business Owner

Buy fun gifts that show you pay attention to them...

Old Tools, Old Methods

How I remember it.

Tools and painting methods will be in another 50 years.

www.aussiepaintersnetwork.com.au

the

Hey Everyone,

to the 119th edition of the Aussie Painting Contractor Magazine.

The last month has been a whirlwind with everything going on, from clocking up over 2 1/2 thousand kilome tres travelling around Queensland training Apprentices to running business courses and mentoring painters in their businesses, as well as attending the Qld Training Awards.

It was great to catch up with employers and painters and hear how they well they are doing and making some good coin in the regional areas with most booking into the New Year.

This month we have run two Try a Trade days, attended a career expo and from them we have place 10 people into apprenticeships and another 8 trialling with employers at the moment.

If you are looking for an apprentice, please contact the of fice and they will assist you where they can.

This October, we will be holding another Try a Trade Event as well as attending another Careers Event.

month, Happy Painting!!

From
Editor Nigel Gorman nigel@aussiepaintersnetwork.com.au 07 3555 8010 CONTRIBUTORS • Corinne Cortese • Helen Kay • Jenny Gordon • Jim Baker • Leo Babauta • Michael Mehmet • Mona Nikidehaghani • Monroe Porter • Robert Bauman • Sandra Price • Vanessa Petch EDITOR Nigel Gorman GRAPHIC DESIGNER J. Anne Delgado
Welcome
'Til next
Advertise with us... 1800 355 344 07 3555 8010 info@aussiepaintersnetwork.com.au www.aussiepaintingcontractor.com
Contents Opinions and viewpoints expressed in the Aussie Painting Contractor Magazine do not necessarily represent those of the editor, staff or publisher or any Aussie Painters Network’s staff or related parties. The publisher, Aussie Painters Network and Aussie Painting Contractor Magazine personnel are not liable for any mistake, misprint or omission. Information contained in the Aussie Painting Contractor Magazine is intended to inform and illustrate and should not be taken as financial, legal or accounting advice. You should seek professional advice before making business related decisions. We are not liable for any losses you October incur directly or indirectly as a result of reading Aussie Painting Contractor Magazine. Reproduction of any material or contents of the magazine without written permission from the publisher is strictly prohibited. How seasonal employees and contractors can benefit your business Enjoying a Stress-free Holiday TOUGH TIMES Leading Your Business Through It... Creating a more SPACIOUS LIFE Underpayments of Wages PUNISHABLE BY JAIL Memo to the Productivity Commission: FIXING INEQUALITY IS THE KEY TO PRODUCTIVITY Creative Gift Ideas for Small Business Owner WHY DO I NEED A SHAREHOLDERS AGREEMENT? Old Tools, Old Methods How I remember it. If your landlord wants to increase your rent, here are your rights Industry Idiots Important Contacts 06 09 12 15 18 26 30 21 34 36 44 45

How seasonal employees and contractors can benefit your business

When it comes to employees or contractors for peak times, business owners tend to fall into two groups. Some look forward to hiring temporary workers, knowing that the need for beefing up a temporary workforce reflects a peak time in business. Some feel that it’s a necessary evil to get through times where the workload is heavy and the permanent workforce is lean. Unfortunately, the attitude is that short-term hire employees are temporary, and are therefore not as skilled or knowledgeable as permanent employees.

It’s time to challenge that attitude. There are some very real benefits to hiring short-term workers, both for your business and for those who already work for you. When you take a step back and observe, hiring temporary employees is actually better viewed as a win-win-win situation. You, your employees, and the temporary employees you hire all stand to benefit from this arrangement.

Read on to learn some of the perks that come with seasonal employees.

Save money on payroll

When business is humming along and you’re as busy as can be, the amount you spend on payroll doesn’t matter because it’s what you need. But many businesses go through lull phases at least once a year

– and some go through more than that.

It’s during these slow times that your payroll becomes the biggest drain on your financial resources. Because you’re committed to your regular employees, you have to provide them with work – whether you need them right then or not.

By keeping your workforce lean for the slower times of the year, there’s enough work to go around. Then, when the busy season comes, you can scale up for those times with temporary employees.

It’s a smart way to keep the number of employees that you have proportional to the amount of business that you’re getting. That’s good for your bottom line.

Get to know one another

Temporary employees most often become regular employees. That’s because it’s an excellent way to offer trial employment to those who shine in the interview process. You get a real window into how they perform in real life.

It’s also a great way for the temporary employee to try working for you. Some applicants love the idea of a job on paper, but when it comes to actually doing the job… suddenly it’s not all they thought it would be.

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A temporary employee agreement is a great, shortterm way for both employees and employers to get to know each other. If you’re both pleased with the arrangement, you can extend a permanent employ ment offer when the time is right. And if it’s not such a great fit? Well, then neither of you are under ob ligation to continue once the season ends. No hard feelings.

Create a happier workplace

An overworked employee will become an unhappy one. One of the easiest ways to make sure that you’re not demanding too much from your permanent em ployees is to hire more when you need them.

This ensures that the amount of work is appropriate, and everybody is getting the breaks they need and the time off that they deserve. Temporary employ ees also bring in fresh energy, create an opportunity to get to know new people, and provide a different perspective. It’s a good arrangement that tends to work all around.

Get a good return on your investment

Because of the nature of employees being tempo rary, there isn’t a need to do a complete onboard ing process. You’re able to focus solely on what the employee will need to perform their role. This means

that you don’t have to spend an enormous amount of time and energy getting them up to speed.

Final Thoughts

With electronic onboarding making the hiring pro cess so much easier, there really is no downside to hiring seasonal or contract employees these days. Including them in your plan makes good financial sense, allows both of you to get to know one an other, and brings fresh energy to your business.

Your business numbers will show you when the ideal times are to hire extra staff. If you want to find out how changing your staffing mix can benefit your busi ness, feel free to arrange a FREE No-Obligation Meet ing with me. Call my office on 07 3399 8844, or just visit our website at www.straighttalkat.com.au and complete your details on our Home page to request an appointment.

Copyright © 2022 Robert Bauman.

2022 October Issue | 7

Enjoying a Stress-free Holiday

As a business owner it’s important to take time away from work.

But worrying about whether staff are meeting dead lines and suppliers are happy translates to more stress and less time enjoying your holiday.

With a little staff communication and planning before hand, you needn’t worry that your business won’t be able to cope in your absence.

If you really can’t switch off from work mode or some thing urgent pops up, technology can be a great way to check in and make sure things are ticking along.

Letting go over a shut-down period

There’s no need to be overly anxious about your busi ness during a shut-down period as long as you have a few basic precautions in place.

Back up all your important documents and informa tion and store the back-ups in a secure place off-site.

It also makes sense to take this one step further and check that you can restore your systems from your back-up.

Arrange for a responsible staff member or someone independent of your business to keep an eye on your business premises.

Alternatively, install security systems if you haven’t already: fire alarms/sprinkler systems, and break-in monitoring by a security firm.

It’s also a good idea to ensure you have appropriate insurance cover in place and that your insurance poli cies haven’t lapsed.

Allowing staff to run your business

Trusting your staff to run your business for the first time can involve a large dose of trust and faith, but if everyone is clear about what is expected of them, it is highly likely that they’ll manage just fine without you.

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Delegating and putting good systems in place are the keys to a carefree holiday. You should:

• Plan for contingencies. What would you do if staff fall ill, who should be contacted if there are any unexpected calamities.

• Discuss your team’s concerns, and your own.

• Pick the right people for the right jobs. This is critical because, if you want your business to continue to operate well in your absence, you’ll be relying on your staff while you are away. It is essential that you prepare them.

• Make sure everyone is familiar with the contin gency plans – discuss, revise and practise them before your departure.

Establish clear lines of authority and communication With the boss on holiday, other members of staff have the opportunity to prove their worth. So, be sure they know their responsibilities and have tasks to complete with written guidelines. Establish who will have contact with you. While you don’t want to be overburdened with messages, a brief one-line text message once a day can be a comfort. Save phone calls for more serious concerns.

Encourage your staff to work as a team, and ask them not to swamp you with minor issues Make sure to share everyone’s mobile number with the team. Make sure everyone knows who they should call in the event of an emergency, and who is responsible for what.

Chances are that unless you hear from them, your employees are coping just fine. Email, text or phone from time to time if you must, but try not to micromanage from afar. Make the most of your well-earned break instead.

Check in remotely

If you’re not able to let go entirely, advances in tech nology mean that you’re able to work remotely or even manage things from a distance – perhaps even from the beach.

All you need is the ability to communicate from any where, and technology is your link.

You’ll need to check whether you’ll have wireless or wired access to the Internet and a good mobile con nection where you’re going.

If you need to buy new technology for this purpose, don’t leave the purchase until the last minute. You’ll want to be comfortable with the gadgets you are using and have the opportunity to set them up, test them thoroughly, and know what you expect them to do.

Ideally, you’ll have the ability to access and review business documents and ongoing project work through a server-based system that stores all com pany documents centrally or in the cloud.

2022 October Issue | 11
Sandra Price www.tradiebookkeepingsolutions.com.au

TOUGH TIMES Leading Your Business Through It...

The Coronavirus has created economic challenges for all small businesses. Subcontractors are no exception. State shutdown rules, local economic conditions, type of work performed, etc. are all factors which contrib ute to the situation. I was a contractor business con sultant during the 1980 gas and 18% interest rates slow down, the 89-90 savings and loan crunch and the 2008 recession. The following advice still holds true regardless of your current economic situation.

Leadership: It is important to practice good leader ship. Even if you are anxious about the situation, be calm and have a plan you communicate throughout the company. People are looking for leadership not a doomsday message. When watching World War II movies, you don’t see officers charging Omaha Beach yelling, “come on so we can all die.” You are the leader of your business family.

Cash is king: It is important to make cash projections and determine how long before you run out of mon ey. If need be, postpone loan payments and reach out to your suppliers to see if you can extend terms.

Cut early, not later: If you are losing money, don’t wait until all the money is gone to start making over

head cuts. It is more important to maintain profits. In every recession I have been part of, people waited too late to make cuts. Consider backward delegation. If you have people in overhead that used to work in the field, put them temporarily back into the field. It’s better to save the company and keep some work ers’ jobs than to go out of business and everyone loses their job.

Don’t look for the government to save you: There is an old joke about the two greatest lies being “I will still respect you in the morning” and “I’m from the government, I’m here to help you.” Many gov ernment programs are put in place to help you but saving yourself makes more sense. If there is help from the government, that is just icing on the cake.

Don’t make panic price cuts: The number one reason contractors fail in tough times is that they randomly cut their price thereby creating a math ematical equation that is impossible to reach. For example, suppose your gross profit is 30% and you cut your price 10%, you move your breakeven point by 50%. Suppose you did 2,000,000 in sales at 30% gross profit to breakeven which equals 600,000 in overhead.

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If your average job size was 10,000, your gross profit per job is $3000. It would take 200 jobs to breakeven. (600,000 overhead divided by 3000 equals 200 jobs). If you cut your price 10%, your gross profit becomes 20%. Now you need 300 jobs or a 50% increase in sales to breakeven. (600,000 divided by 2000 equals 300 jobs). It’s crazy to think you are going to bid your way out of a slowdown. You are simply creating mathematical suicide.

Micromanage the heck out of jobs: If you have fewer jobs, that means you have more management for each job. Plan and push the heck out of the jobs you have. As managers, figure out how to do it cheaper. Plan, plan and do more planning. Cut down on morning start up time, handle material efficiently, keep daily production scores. Remember, one of two things will happen in slow times. Employees will either become efficient to keep their job or drag their job out to make it last. Remember money is made in the field, not in the office.

Be financially creative: If you have extra trucks and vehicles, ask your insurance agent if you can reduce the insurance while they are parked. See if banks will help you out with existing loans. If your state allows, consider rotating overhead personnel through un

employment. What do you have special you can use to leverage sales? During the 1990’s I had a customer who had 4 great seats for the Boston Celtics. If you gave him a job, you got to use the tickets.

Be careful of flaunting wealth and life style. Honest to god, I know of a contractor in 1990 who cut all the staff’s pay and the next day drove to work in a new Ferrari. His comment was that he bought it with his inheritance and it was his money. Really? Needless to say, the business was closed in a few months.

Tough times call for strong leadership. Take action and influence those around you. The good news is that existing businesses prosper when coming out of a recession. Make sure you stay in business to take advantage of the upswing. Call me, I would be happy to chat about your business situation.

Monroe Porter

is president of PROOF Management a firm that teaches seminars and runs networking groups for painting con tractors. Several Aussie painting contractors travel to the US each year to participate in his programs.

2022 October Issue | 13
www.proofman.com

Creating a more SPACIOUS LIFE

I’ve worked with a number of people who want more spaciousness in their lives — more time for rest, play, reading, reflecting, self-care, hanging with friends and other loved ones.

The challenge isn’t that it’s hard to create more time (for some people, it is actually very hard) the challenge is that no matter how much time we have, we are not likely to experience it as spacious, restful, joyful, playful.

We can create all the time in the world … but the truth is that we’ll probably have a very similar expe rience in that spacious time that we have already. If you take a sabbatical, you’ll probably experience some spaciousness for a little bit, but then restless ness and fears will start to take over, and you’ll cre ate a lot of things for yourself to do, and a feeling that you need to be productive (for example).

Whatever you experience already … is likely to be what you’ll experience no matter how you arrange your life.

The real spaciousness you crave isn’t in rearranging your life (though that can be helpful) … it’s in changing how you experience life.

Let’s take a look at how you can do that.

A Spacious Experience of Life

No matter what we’re doing, we can experience it as rushed and stressful … or we can experience it as spacious and peaceful. Or really we can have any kind of experience of the activity.

For example … if you’re out for a walk, you can be on your phone checking messages and feeling the anxiousness of all the things you still need to do. Or you can experience the spaciousness of the walk, feeling expansive wonder about all the nature around you, feeling the freedom of being outdoors and being alive.

In any moment, we can experience spaciousness. Whether you’re responding to messages and emails, writing, washing a dish, talking to someone, sitting in on a meeting, doing something courageous and inspired … you can experience it as spacious.

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The thing to recognize is that it’s a choice. You can choose to feel anxious and rushed in any moment, or to feel expansive and spacious and at peace. You get to choose your experience of any moment.

As you practice moment to moment, you can ex pand how spacious your life feels as a whole. You go from feeling constantly rushed and behind … to feel ing life as abundant, free and much more peaceful.

How to Practice

So how do you practice this miraculous way to cre ate spaciousness in your life? It’s all yours for the low price of $500 … kidding!

Try to practice right now, as you read this …

• Take a moment to sit still and allow your awareness to expand outward, so that you feel more expansive.

• Allow your breath to be deeper and wider, so you feel a spacious nourishing breath.

• Allow yourself to feel as wide as the sky, so that all of life feels expansive and spacious.

• Allow yourself to slow down for a moment, so that life feels more spread out and delicious.

This is the kind of practice you can do in any moment, with any activity. You don’t have to do all 4 of these steps, but you can try whatever helps you to feel spaciousness, peace, freedom and expansiveness in each moment.

Try moving a little slower, so you aren’t so rushed.

Try savouring each moment.

Try imagining that you can do anything within a wide open fresh expanse of the universe.

What would it be like if your life could be experi enced with greater spaciousness?

If you’d like to train in this, please consider joining The Fearless Living Academy. We’re going to relish in this kind of training, together.

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ZEN HABITS
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Underpayments of Wages PUNISHABLE BY JAIL

The Queensland Government last week passed leg islation making it a criminal offence for employers to knowingly underpay their staff, with Directors and business owners facing jail time if convicted.

This sounds good in theory as no-one should know ingly under pay their staff but the reality is most em ployers don’t. The majority of underpayment claims are due to human error, payroll errors and the ex ceedingly confusing and inconsistent pay conditions contained within the modern awards. If the Queens land Government were serious about protecting workers from underpayments, then they should be petitioning for awards and pay conditions to be re viewed and streamlined.

So what are the most common reasons behind un derpayments and what steps can employers take to protect themselves and their employees?

Classification Levels

It is common that employees receive pay increases each year on the basis of the classification level they were first employed at, without their classification levels being reassessed each year. This can include the number of employees they supervise, assuming site supervision responsibility, co-ordinate teams and ensuring the quality of another person’s work.

Employers should review their tasks, responsibilities and classification levels each year to minimise the risks of underpayments due to classification levels.

Allowances

Are you paying your employees all of the allowances that they are entitled to? Allowances are hard because many of them are not applicable every day or every pay cycle so its easy for employers to miss them when they are. Some of the more common and less common allowances in the Building and Construction General On-site Award are below:

• an employee is to be paid an allowance of $17.43 per day for each day worked when the employee starts and finishes work on a construction site

• an employee who uses their own vehicle to travel between work sites must be paid an allowance at the rate of $0.78 per kilometre.

• Employees who are regularly required to compute or estimate quantities of materials in respect of the work performed by other employees must be paid an additional 23.3% of the hourly standard rate per day or part thereof.

• Did you know that if an employee’s tools are lost or stolen whilst being transported by the employee at the employer’s direction (ie direction to attend site with appropriate tools to complete the work) then the employer is responsible to reimburse the employee to a maximum of $1,862

Employers should ensure they are aware of what allowances may apply under their relevant award and ensure these are reviewed each pay period to evaluate whether they are applicable that pay period.

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Different Awards

A painting business will have the its employees covered by the Building and Construction General On-site Award however they may also have admin istration staff that are covered by the Clerks Private Sector Award which has different classification levels, allowances and employment conditions.

Employers should review the positions they have employees and ensure they know which Award applies and understand its particular parameters.

Above Award Hourly Rates and Overtime

This is by the far, the most common factor resulting in under payments. Many employers believe that if

they pay an above award rate then they don’t need to pay overtime penalty rates, allowances or leave loading. This can be true but requires a Better Off Overall Test to be completed to ensure employers are aware of the outer limit.

For example, an employer may pay their level 2 worker $24.60 per hour instead of the award rate of $23.88. At this rate, the employee is better off if no overtime is worked, slightly better off when 2 hours overtime are worked in a week but if 3 hours overtime are worked then the employee is worse off and this would result in an underpayment to the employee.

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Regularly reviewing the hours and patterns of work, your employees are working and then completing a Better Off Overall Test as above will assist employers in being confident that they are complying with their obligations and minimising their risk of an underpayments claim. If you dp have concerns over your payroll obligations, then please reach out to Vanessa from HR Maximised on 0418 190 106 or vanessa@hrmaximised.com.au
Interested in becoming a Painter & Decorator? Is Painting & Decorating for you? paintingapprenticeships.com.au Painting Apprenticeships brings Apprentices together with Painting Business owners.

I T ' S A L L A B O U T

S U R V I V A L

As processes become faster, deadlines get tighter, and customers demand greater efficiency, the worksite has become a hectic hive of activity.

But these increased expectations can make it all too easy to cut corners, and the safety of Aussie job sites is now more important than ever before

SafeWork Australia recorded 194 worker fatalities in 2020 alone, with machinery operators and drivers representing the highest number of fatalities, and labourers, managers, and technicians and trades workers close behind.

That’s why SURVIVAL a 33 year, Aussie family business is dedicated to ensuring every worksite has the right first aid equipment on hand

“It’s clear that worksites need to ensure they’re never caught short, because when you’re in the trades industry, the chances of accident or injury are very real,” says SURVIVAL’s CEO, Mike Tyrrell.

“And despite the latest advances in technology and an increased awareness of the associated risks, these sobering stats from

SafeWork Australia show us that even more needs to be done.

“We know that providing immediate, effective first aid to people injured on the job can reduce the severity of their injury or illness

“And even more than that it can save your life, or that of a mate,” adds Mike

SURVIVAL’s Director of Marketing & IT, Jordan Green, says the company is constantly looking at ways to make first aid more accessible for people in trades and other 'hands on' professions.

“In addition to our line of first aid products, we’ve just released the latest update to our free iFirstAid app, which features step by step instructions and video resources to guide people, including trade professionals, through common emergencies,” says Jordan

“Our SURVIVALSWAP audit compliance program also ensures worksites remain stocked and compliant without the headaches or hassle.”

For the best first aid for your workplace, visit survival.net.au

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S A F E T Y O N S I T E
W O R K P L A C E S A F E T Y : W H Y N O W ? Organisations have become more accountable to their customers, shareholders, and employees. Increased safety improves the bottom line, and the links between a safe working environment and enhanced productivity are proven. Safer workplaces result in better processes, because it sets the standard for greater efficiency and increased ingenuity all ‘round. Above all, it saves lives. Workplace safety increases productivity, makes organisations accountable, and protects the entire team. Exclusive discount just for APN readers: get 13% off all SURVIVAL products sitewide!* Visit survival.net.au and use code 'APN13' at checkout. *Offer ends 30 June 2022. Excludes defibrillators.
L-R: SURVIVAL's Director of Marketing &
IT,
Jordan Green, and CEO Mike Tyrrell

Memo to the Productivity Commission: FIXING INEQUALITY IS THE KEY TO PRODUCTIVITY

Every five years the Productivity Commission is charged with examining everything that can be done to lift Australia’s productivity.

Its first interim report in the current inquiry, issued well ahead of its final report due in February, propos es action on innovation, digital technologies and data and cyber-security, a productivity-friendly business environment, and a skilled and educated workforce.

But it doesn’t propose anything to address inequality.

What it doesn’t consider is the possibility that reduc ing inequality might be necessary to boost productiv ity – by improving the quality of our workforce and our institutions.

Productivity increases when you produce the same things with fewer inputs, or produce more (either quantity or quality) with the same inputs.

At the scale of the Australian economy, productivity is increased if we better use our human resources.

And disadvantage reduces people’s capability to be properly used in the workforce.

Workers without foundational numeracy and literacy skills are less useful, particularly for work involving digital technologies of the kind that is becoming more ubiquitous.

Inequality makes people less economically useful Our highly segregated school system, which concen trates disadvantage, means many students from disad vantaged backgrounds don’t have the peers that would support them to aim for highly productive jobs.

Leaving a substantial share of workers without the ability to do more productive work acts as a drag on productivity growth.

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In its interim report the Commission continues its tradition of advocating light-handed regulation of businesses in order to lower compliance costs.

Its motivation is to make it easier for new businesses to enter markets and improve competition. But it pays less attention to the reasons for regulations.

Better regulation, not less regulation Regulations are needed to protect consumers, work ers and the planet by making products, workplaces and the environment safer.

They matter more for people who are disadvantaged and find it hard to take action to protect their rights.

This means the solution is not necessarily less, but better regulations that better protect those least able to protect themselves.

Read more: What is productivity, and how well does it measure what we do?

Regulations that purport to treat people (or businesses) equally implicitly assume they have similar needs and capabilities. Disadvantage can mean they do not. As an example, it is often the poor who are most exposed to workplace and environmental hazards.

Good regulations take account of the way in which different groups are affected.

Productivity is not everything. What matters most is ensuring everybody has the opportunity to lead a good life – not only for its own sake, but also because where this opportunity is withheld, social stability is at risk. People who do not benefit from a system are less likely to respect the rules and norms that make it work.

Fighting disadvantage can pay off And how well off we are is not only determined by how well we produce things but also by whether they are the things we value.

As an example, while better-performing justice, health and defence systems are better than worseperforming ones, reducing the need to use those systems by reducing the problems they deal with is even better.

Investments that reduce disadvantage are likely to boost productivity over the long term, a concept acknowledged by the International Monetary Fund and the OECD, and one the Commission ought to pay more attention to in its final report.

Jenny Gordon

Honorary Professor, Centre for Social Research and Methods, Australian National University

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Creative Gift Ideas for Small Business Owner

Christmas is a demanding time for many people, but for the small business owner it can be downright stressful. Often you're dealing with end-of-year fis cal matters, tying up loose ends if you're closing for a few days, and dealing with all the ins and outs of planning a staff Christmas party.

On top of all that, you're likely worried about buying gifts for your loved ones and your employees. Often, business owners solve their gift-giving problems with gift cards—and there's nothing wrong with a coffee card so your employees come to work properly caffeinated. There is a way, however, to buy fun gifts that show you pay attention to the people who work for you, and show you appreciate them.

GIFTS BASED ON WORKPLACE ISSUES

No workplace is perfect, and acknowledging that in your gift-giving is a fun way to show the people who work at your business that you empathize with their pain.

Do you have a workplace that's noisy or people are constantly distracted by office activities? Give your employees noise cancelling headphones. They can use the headphones to stay focused on their tasks while listening to their favourite songs or audiobooks.

Are there issues with people leaving their dishes in the staff room sink? Buy reusable water bottles for everyone. Even better, get them monogrammed with names or initials. Now there's no need for anyone to worry about another person's unwashed glass ever again. Do people say the office could use decorating? Buy cool picture frames so workers can put photos of their loved ones on their desks.

Take a minor issue in the office—something that doesn't cause a lot of tension, but that could be made better—and use your Christmas gift as a fun solution.

2022 October Issue | 27

GIFTS BASED ON THE THINGS THEY LOVE

Everyone at your business has a life outside the of fice. They all have activities they love or causes they're passionate about. Buy gifts for people based on the things they love outside their employment. It shows you care enough to pay attention to them and the things they enjoy.

Final thoughts Your Christmas gifts show employees you appreciate them. You don't have to buy expen sive items, but if you're looking to do something more than a gift card or a donation to a non-profit organization, taking the time to put a bit of effort into your Christmas presents is the way to go.

Of course, if you don't want to buy gifts you could always offer an extra paid day off on top of the days off they already have. Employees can always use more days off.

Keep in mind that the best gift you can give your employees is the gift of being an excellent employer year round. If you're a great employer, most employees will value your presents no matter what you give them.

If your employees are fanatics about sports teams, buy them unique sports memorabilia from their fa vourite teams. If you have people who love travel, buy them reusable luggage tags. If they love to write, buy them a nice journal.

WHY DO I NEED A SHAREHOLDERS AGREEMENT?

If you are in business with someone else, whether it is with a family member, friend, or business partner, it is crucial that the rules of this business relationship are documented to protect the business and the interests of all parties.

Sadly, I often see businesses get embroiled in costly disputes in circumstances when a shareholder’s agreement could have prevented unnecessary legal costs and disruptions. In fact, I will go out on a limb here and say that most successful businesses I deal with all have well-drafted shareholders agreements in place.

WHAT IS A SHAREHOLDERS AGREEMENT?

A shareholders agreement covers the key provisions necessary when owning and operating a private com pany with two or more business owners. It is one of your company’s most important documents as it sets out how the business will run. It should cover a range of matters some of which are set out below.

WHAT DOES A SHAREHOLDERS AGREEMENT COVER?

Your shareholder’s agreement should cover a number

of important issues to best protect the interests of the parties and the business, for example:

The Business Management Structure

A shareholders agreement should include provisions that regulate the company’s directors and management structure. Generally, this will include clauses relating to decision-making, the rights of shareholders to appoint or remove directors, voting rights at board meetings, and the powers of the managing director.

Transfer of Shares

A shareholders agreement should outline the process involved with the sale of shares. The transfer provisions will set out the rights and obligations of shareholders to buy or sell their shares in certain circumstances, including insolvency, disability, death, or retirement. It is recommended that a price or valuation mechanism should be included. The share transfer provisions are often considered to be the most important provisions in shareholders’ agreements, particularly for minority shareholders in private companies who otherwise may not be able to dispose of their shares. Likewise, share holders’ agreements often restrict share transfers, so all the shareholders have some control over who they are in business with.

32 | Aussie Painting Contractor

Shareholders’ Rights and Obligations

Shareholders will have certain rights and obligations under their shareholder’s agreement and it is impor tant that these rights and obligations are fair in the circumstances and each shareholder must fully un derstand their rights and obligations so that they are carrying out what is required of them. For example, certain shareholders may be entitled to appoint a di rector in the company. If you are not a director or do not have the right to appoint a director your rights may be limited with respect to receiving company in formation or making decisions or entering into con tracts on behalf of the company.

Dispute Resolution

It doesn’t benefit anyone to go straight to costly litiga tion as soon as a conflict arises. A dispute resolution clause will typically require a notice of the dispute to be issued and then require the parties to explore other options to resolve the dispute (for example by way of informal dispute resolution techniques such as negotiation, mediation, or independent expert appraisal). The shareholder’s agreement should set out the order of these informal disputes resolution options (typically from least formal to most formal) and may also require certain steps to be taken within a particular timeframe to avoid having disputes drag out unnecessarily.

Confidentiality

A confidentiality clause should be included to cover: the information that is agreed to be confidential; who the confidential information can be disclosed to; requirements when disclosing confidential infor mation (e.g. the recipient may be required to enter into a confidentiality agreement); and what happens in the event that the confidentiality provisions are breached by a party.

This clause needs to be considered and drafted care fully. If confidential information is leaked it could have detrimental effects on the business and the shareholders. You will also need to consider your confidential information must continue to be kept confidential after the termination of the share holder’s agreement. This is just a taster of what your shareholder’s agreement should cover and the things you need to watch out for when your share holder’s agreement is being prepared. Shareholders agreements are complicated documents that require a unique understanding of your business operations and the individual shareholder’s concerns in order for them to be drafted correctly

Protecting the Company

Shareholders’ agreements should contain clauses that protect the business interests of the company. For ex ample, shareholders should be required to disclose conflicts of interest, be prevented from being involved with competing businesses, and have restrictions imposed on them in dealing with customers of the company.

2022 October Issue | 33
Heken Key P: 1300 064 707 E: helen.kay@riselegal.com.au

Old Tools, Old Methods

How I remember it.

OK! I may be showing my age a bit here, but I must say the painting trade has certainly changed since December 1969 when I first picked up a paint brush. I was fifteen and a half and it was the end of the school year.

To progress into ‘Intermediate High School’ (Year 11), you had to pass 5 subjects of your ‘Junior High School’ exams (Year 10) with English being one of them. Like now, the results took a while to be announced and it wasn’t going to be until the end of January that I would receive them. So, to pass the time and earn a bit of pocket money, I thought I would do some part time work through the holidays in my fathers’ paint ing business.

After seven weeks of waiting, my results finally came. They were Maths II- 52%, Maths III- 62%, Social Studies A - 38%, Social Studies B - 35% and English - 44%. Now I always had difficulty learning and retaining knowledge at school, but I really thought I would have scraped through at least. So! As I couldn’t progress into the following years of High School, I took the easy way out and continued working for my father.

Over 50 years have passed since then and I look back on the tools and the methods used when I was doing my trade.

Apprenticeship

5 years and it included Signwriting as part of your course.

Timber step ladders:

These were quite clumsy to use and very unstable on uneven ground because they only had ropes to stop the legs from spreading out.

Steel trestles

Twice as heavy as aluminium so it was normally a twoperson job to set them up.

Timber planks (Oregon)

Heavier than aluminium with a very good chance of getting a splinter from them after a lot of use. They didn’t come in 6 metre lengths either so a bit more scaffolding was required.

Ladder brackets

These are still in use today but illegal in many States of Australia. I remember having them set-up at the very top of the extension ladders and had no fear walking along the single scaffold plank.

There were no height restrictions like there is now, so safety was not thought of (I wouldn’t do it now though).

34 | Aussie Painting Contractor

Pure (Hog) bristle brushes

These brushes are made from the hairs on the back of a pig (hog), which are strong yet springy. The bristles have natural split-ends, which increases the amount of paint they hold. They were good for loading a lot of paint and were used for both oils and acrylics. They aged well, becoming softer and more responsive with use.

I remember having to paint the ceilings and walls with a six-inch brush (called a Blockbuster) as rollers were not around at that time. To do the ceilings, we had to set up ladders and planks in the room and then shift it as you completed a section. This was hard work! I don’t remember doing that for too long though (maybe six months) as the roller came on the market.

Blow torches

Early blowtorches used liquid fuel, carried in a refill able reservoir attached to the lamp. These liquidfuelled torches are pressurized by a piston hand pump. As electric sanding machines were not around then, the blow torch was used to burn off the old paint with the aid of a shave-hook or scraper. The preparing of lead and asbestos substrates was the same as any other substrate as the danger had not been recognised.

Metal paint pots

These lasted a long time as you could burn them out when a thick build of paint formed. This was a great way of using up your old dirty turps as it was a good fire-starter and if you soaked some old rags in it, you would get a hot and consistent flame.

Then once the pots turned an ash-grey colour, they were ready to be cleaned. All you needed for this was water and wet-and-dry sandpaper.

Primer and sealer coats

Although I never used it myself on houses my father painted, I knew that Red Lead Primer was used in

abundance on Government sites. My old business partner mentioned this to me and said that for the new apprentices, their main job was to stir up the paint in the mornings, ready for the tradesmen to use during the day. The reason being that the heavy consistency of the lead, sank to the bottom of the tin, so it had to be stirred well into the upper liquid (oil) before use. Apparently, it took a lot of time and muscle to do this one task.

In the 70’s and 80’s, applying a sealer coat on bare gyprock or set plaster was not a requirement. Even paint manufacturers did not specify this to be done, so the application was two topcoats only. Twenty-five years later I realised the ramifications of not apply ing a sealer or undercoat, as many of the jobs I went to later, I noticed the paint peeling back to the bare substrate.

Revolutionary product

It must have been around 1976 when my business partner and I were invited (along with some other painters) by Dulux to trial out a new product brought out by Selly’s. It was called, ‘No-More-Gaps’. We were each given a ‘gap gun’ and a ‘tube’ to experiment with and to give our opinion on it. The way cracks in skirtings, frames and cornices were usually filled was by mixing up some spackle or plaster which was then applied with your finger. My partner and I gave our thoughts on it and said it was ‘too expensive’ and would never ‘take off’ in the marketplace. It was 2-3 years until we eventually admitted we were wrong and started using it on all work sites.

Paint

Being in business and having a few builders to work for, we used to go through quite a lot of paint, so we found it cheaper to buy it by the pallet load. The product we loved and used was Dulux Spring and we were able to purchase 10 litre drums for $10. Far different now when 10 litres costs around $120 a drum (exc. GST). When you look back though, your wage only worked out at around a $100 a week so looking at inflation over that time, maybe it wasn’t really that cheap.

It would be interesting to know how tools and painting methods will be in another 50 years, but I guess I won’t be around that long to witness it.

2022 October Issue | 37
MyTools4Business.com

If your landlord wants to increase your rent, here are your rights

Inflation is pushing up interest rates. Interest rates are pushing up mortgage costs. There’s talk of a rent al supply crisis. This means there’s a good chance your landlord wants to increase your rent.

So what are your rights as a renter? That depends on where you live, because residential tenancy laws are determined by state and territory governments. There are, however, many commonalities. Here’s a rundown.

When can your landlord raise the rent?

In every state and territory there are limits on when and how often your landlord can raise the rent.

If you are on a fixed-term lease your rent cannot be increased during the lease period, unless the lease itself specifically provides for such an increase. This makes it worthwhile to negotiate a longer fixed-term lease if you can.

If you are on a periodic (month-to-month) lease, state and territory laws set limits on the frequency with which the rent can be increased. For the North ern Territory, Queensland and Western Australia, rent can be raised every six months. Elsewhere, it is every 12 months.

What must the landlord inform me of?

Landlords do not need to provide a reason for in creasing the rent.

They are, however, required to strictly follow notifi cation procedures – informing you in writing, using forms that are specified in relevant regulations, and giving you advance notice of the increase.

Minimum notice periods are about 60 days in most states and territories (see the table above) and 30 days in the Northern Territory.

If your landlord does not comply with these require ments, you are not obliged to pay the higher rent.

Is there any limit on how much my rent can increase?

The Australian Capital Territory is the only jurisdiction that puts a cap on rent increases. They are limited to no more than 10% above the Consumer Price Index for Canberra. Any larger increase must be approved by the ACT Civil and Administrative Tribunal.

In all jurisdictions, however, you can appeal to the tri bunal or court that oversees residential tenancy laws if you believe a rent increase is excessive.

These bodies have the power to reduce or refuse the increase. They can also order landlords to reduce the rent in some circumstances (such as if disrepair or damage makes the property less fit for living).

Read more: How 5 key tenancy reforms are affecting renters and landlords around Australia

2022 October Issue | 39

No state and territory residential tenancy legislation defines what makes rent “excessive”. But they do in clude similar lists of things a tribunal or court may consider to determine whether rent is excessive.

These include the rent of comparable premises, and the property’s value and condition. You will need to provide this evidence, because the burden of proving your rent is excessive is on you.

Can I be evicted so the landlord can charge more rent?

A landlord can terminate a fixed-term lease at its expiry for any reason (as long as they follow the notice provisions).

They cannot terminate a fixed-term lease earlier than its expiry just so they can raise the rent for new tenants. They must have a legitimate reason, for instance if you are continually breaching the terms of the lease, or making the property uninhabitable. They must provide the reason in writing.

With the exception of Victoria, a landlord can ter minate a periodic lease for any reason. The only re quirement is a minimum notice period. In Victoria, your landlord must give and substantiate a valid rea son. Wanting to lease out the property at a higher rent is not a valid reason.

In short, what to check?

1) Check your lease. If it’s a fixed-term lease, look to see if the terms allow for a rent increase.

2) Check your landlord has used the correct form for the notice and given you at least the minimum notice period.

3) Seek advice from your local tenants’ advisory ser vice or relevant government tribunal or agency if you are in doubt. The organisations in the following table are a good place to start.

Read more: Rent crisis? Average rents are increasing less than you might think

Correction: This article has been amended to correct the minimum notice period in NSW. It is 60 days, not 90 days as originally stated.

Brendan Grigg

Senior Lecturer in Law, Flinders University

Hossein Esmaeili

Associate professor, Flinders University

Come and share your painting ideas! www.facebook.com/groups/aussiepaintersnetwork/
42 | Aussie Painting Contractor

IMPORTANT Contacts

Aussie Painters Network

aussiepaintersnetwork.com.au

National Institute for Painting and Decorating painters.edu.au

Australian Tax Office ato.gov.au

Award Rates fairwork.gov.au

Australian Building & Construction Commission www.abcc.gov.au

Mates In Construction www.mates.org.au

Workplace Health and Safety Contacts

Comcare

WorkSafe ACT Workplace Health and Safety QLD

WorkSafe Victoria

SafeWork NSW SafeWork SA WorkSafe WA

NT WorkSafe WorkSafe Tasmania

Cancer Council Australia

ACT NSW NT QLD SA VIC WA

Ph. 0430 399 800

Ph. 1300 319 790

Ph. 13 72 26 / Ph. 13 28 65

Ph. 13 13 94

Ph. 1800 003 338

Ph. 1300 642 111

comcare.gov.au worksafe.act.gov.au worksafe.qld.gov.au www.worksafe.vic.gov.au www.safework.nsw.gov.au www.safework.sa.gov.au commerce.wa.gov.au/WorkSafe/ worksafe.nt.gov.au worksafe.tas.gov.au

1300 366 979

02 6207 3000 1300 362 128 1800 136 089 13 10 50 1300 365 255 1300 307 877 1800 019 115 1300 366 322

actcancer.org

cancercouncil.com.au cancercouncilnt.com.au cancerqld.org.au cancersa.org.au cancervic.org.au cancerwa.asn.au

(02) 6257 9999 (02) 9334 1900 (08) 8927 4888 (07) 3634 5100 (08) 8291 4111 (03) 9635 5000 (08) 9212 4333

2022 October Issue | 43

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