23.12.2012 – Terrific Trading – News Letter March
The best word of mouth ambassadors – Enthusiastic employees
14.02.2012 – ATO Small Business News Letter Issue 7 of 2011-12 ATO Small Business Newsletter
8.02.2012 – Watermark
New Government funding program specifically for Small to Medium Enterprises. The Innovation Vouchers Program enables SMEs to access relevant specialists who can assist turning ideas into commercial reality. SMEs with less than 200 employees may apply for up to $20,000, but must contribute 20% of the overall funding.
Eligible activities for funding include:
- Research and Development (technical development and compliance testing)
- Product Development (engineering design work)
- Technology Transfer and Intellectual Property (protection of intellectual property, legal advice and licensing)
- Commercialisation Support Services (innovation management and consulting).
The one-stage process for application is a relatively simple, involving one full application. The deadline for applications is 2 March 2012 and more comprehensive information regarding the program can be found at www.innovation.wa.gov.au/vouchers.
We wish you every success should you choose to apply for funding.
9.02.2012 – Watermark proudly sponsors the LESI Conference
The Licensing Executives Society International 2012 Annual Conference to be held on 1 – 4 April, in Auckland – New Zealand, will deliver challenging new insights into the commercialisation of innovation across diverse topics including resources and environment, Clean Technology, sustainable economic development, university-industry-government collaboration, and health and life sciences.
Workshop presentations throughout the conference will give delegates the opportunity to hear the latest in the new frontier of innovation, and will include a session on Cleantech Innovation in China from Watermark’s Principal, Ray Tettman. Ray heads up the Cleantech Group in Watermark and has extensive industry expertise in electrical engineering, power generation and renewable energy.
Watermark is once again a proud sponsor of this conference, providing delegates with USB’s containing the conference presentations – a very convenient way for delegates to revisit parts of the conference which remain of interest to them.
Register now for this highly anticipated international conference. Be quick! Early Bird ends this Friday 10 February. Visit www.lesi2012.org to register and to access further programme details, speaker profiles, tours, accommodation and other general information.
Hope to see you there The team at Watermark Melbourne
T +613 9819 1664 F +613 9819 6010 E rsvp@watermark.com.au www.watermark.com.au
9.02.2012 -The Australian Consumer Law (ACL) introduced a set of consumer guarantees which apply to goods and services purchased by consumers from 1 January 2011.
The consumer guarantees framework provides statutory rights that apply automatically when consumers buy, lease or hire goods or services, and outline the circumstances where a business is required to provide a remedy to a consumer if those rights are breached.
Recent research activities undertaken by Australian, state and territory governments indicate that there is confusion amongst both consumers and businesses about warranties issues and rights to a refund, repair or replacement. The research has also indicated that some businesses are not fully aware of their rights and obligations under the consumer guarantees provisions.
Increased understanding of the rights and obligations under the consumer guarantees framework can enable businesses to effectively resolve any problems that their consumers may experience in the event that goods or services purchased are faulty or not as described. Businesses can avoid potential reputational damage and loss of sales by understanding and complying with the consumer guarantees provisions and subsequently aiding consumers with their understanding.
This includes three business snapshot publications about the ACL available at www.accc.gov.au/smallbusinesspublications, along with an online education module aimed at assisting businesses understand the consumer guarantees provisions. This can be viewed at www.accc.gov.au/consumerguarantees
9.02.2012 – Quick online survey
The ACCC has produced a short survey for small businesses and small business representatives to test the level of understanding about consumer guarantees in this sector prior to the 2012 education campaign.
We would greatly appreciate your assistance to do the survey – this should take no longer than a minute or two. We will use the survey results as part of an ongoing review of the effectiveness of our education materials. https://www.surveymonkey.com/s/consumerguaranteebusinesssurvey
8.02.2012 – An Australian Government Initiative. Commercialisation Australia
Maximum grant size has increased from $200,000 to $350,000 – Early Stage Commercialisation (ESC) Grants:
- ESC grants are no longer repayble
- The annual turnover limit in relation to eligible applicants has been increased from $20 million to $50 million
- The minimum grant request under this component has been reduced from $250,000 to $50,000
In addition:
- Registering a trademark or design is now eligible expenditure under the Proof of Concept (PoC) and ESC components.
The Commercial Plan and Potential merit criterion is now formally split into two separate merit criteria: Value Proposition and Execution Plan.
- The maximum duration of S&K projects is now 1 year for all applicants.
It was also announced that there would be more generous support for pilot plants and innovative manufacturing facilities, but details of this have not yet been released.
Further information regarding Commercialisation Australia is available at www.commercialisationaustralia.gov.au. Should you have any queries, please do not hesitate to contact me. to see full details click on link.
Commercialisation Australia CIG 7Dec 2011
Terrific Retail Tips – How to Influence Customers: Use Their Brains!
To read click on link Terrific Trading Retail Tips Newsletter
ATO Small Business News Letter ATO Small Business Newsletter 6 of 11 – 12
Labour Relations – Labour Relations Newsletter 2011
Consumer Guarantees
On 1 January 2011 the law changed regarding consumers’ rights when they purchase goods or services. Any product or service purchased anywhere in Australia after that date comes with a number of consumer guarantees.
The guarantees are a set of statutory rights (including the right to a refund) that a business automatically gives to consumers when they purchase, lease or hire a good, or buy a service from you.
‘No refund signs’ and statements that limit consumers’ rights are unlawful.
The consumer guarantees include that the product must be of:
- acceptable quality
- fit for any disclosed purpose and
- match any description given to the customer prior to purchase.
Services must be provided with care and skill and achieve any purpose specified by the consumer or the service provider. Services must also be provided within a reasonable timeframe if the contract does not specify one.
In some instances, a business may be a consumer for the purposes of the consumer guarantees legislation, eg.
- when a business purchases any goods or services up to $40,000;
- if the goods or services cost more than $40,000 and are goods or services normally used for personal, domestic or household purposes.
Further information about consumer guarantees in the form of “frequently asked questions” is available from the ACCC website:
http://www.accc.gov.au/content/index.phtml/itemId/957903/fromItemId/ACCC
Wagline – Are you a sole trader or partnership?
Then this information applies to your business. Can my employees cash out their annual leave?
Under employment law an employer and employee may agree in writing to cash out annual leave under limited circumstances. The ability to cash out annual leave generally only applies to employers and employees who are not covered by an award or agreement e.g. employees covered by the Minimum Conditions of Employment Act.
An employer and employee who are covered by an award or agreement may only cash out annual leave if the award or agreement expressly allows it.
- Cashing out arrangements must comply with the following conditions:
- Only 50% of an employee’s annual leave entitlement can be cashed out in any one year of service, and it can only be cashed out at the end of that year.
- The employee must be given a benefit instead of and equal to their annual leave entitlement (e.g. cash).
- Cashing out annual leave cannot be a condition of a person’s employment.
- An employer cannot require an employee to cash out annual leave or apply undue pressure or influence on the employee to cash out their annual leave.
- Each occasion to cash out annual leave must be in writing.
If you have any questions, or to simply make sure you’re doing the right thing, call
wageline on 1300 655 266. “It always pays to call Wageline”
ACCC Small Business Information Network (SBIN)
This month’s newsletter contains information about the new point-of-sale refund and returns sign and a company registration scam warning.
New point-of-sale signs are now available from the ACCC and consumerlaw.gov.au websites. These signs can be displayed in store to help consumers and sales staff understand their rights and obligations under the Australian Consumer Law (ACL).
Also included is information and a warning regarding a recent company registration scam conducted.
Standard point-of-sale signs are now available
A consumers’ right to a repair, replacement or refund is a frequent source of dispute between businesses and consumers. The ACCC also receives a number of queries from businesses about their rights and obligations in relation to refunds and returns.
The ACCC together with the state and territory consumer protection agencies have produced a point-of-sale refunds and returns sign to reflect consumers’ rights to a remedy when something goes wrong with a product they have purchased. The aim of the sign is to ensure businesses can be confident that their refunds and returns policy complies with the ACL. The sign can be displayed at a shop counter or on a shop wall and will provide consumers with clear information about their rights to refunds and returns.
While the ACL does not require businesses to use the point-of-sale sign, using a sign that clearly sets out their rights and obligations will help clarify the law and minimise the risk of disputes between businesses and consumers. It is important for businesses to review their in-store signage to ensure that it does not breach the ACL. In-store signs and cash register receipts that state ‘no refunds’ are likely to breach the ACL as they may imply that a consumer is not entitled to a refund under any circumstance.
A copy of the new point-of-sale sign is available here and counter display hard copies can be ordered from the ACCC website – www.accc.gov.au or Small business helpline – 1300 302 021.
The link below is a media release by the Hon David Bradbury, Parliamentary Secretary to the Treasurer which discusses the new point-of-sale signs:
SCAM ALERT – Beware of email, phone call or text requests for personal, credit card, online banking or mobile phone details
The ACCC is warning small businesses to continue to be wary of ‘phishing’ scams received by email or SMS following recent reports of unsolicited requests for banking information which may lead to fraudulent online banking transactions.
Click here for a description of this particular scam and its variations, and how to protect yourself against them.
SCAM ALERT – Beware of letters or emails requesting a small payment to claim large winnings
The ACCC is advising Australians to ignore recent lottery scam letters sent in the post requesting $25 and credit card details or payment by cheque in return for a false $15,000 windfall.
Click here for more information.
ACCC warns businesses to beware of misleading claims from workplace safety business
Small businesses are aware that they are often the target of conduct that may fall foul of Australia’s consumer laws The ACCC is pleased to alert SBIN readers that it has utilised one of the powers conferred upon it under the national consumer law regime to try to protect their interests.
The ACCC has issued a Public Warning Notice under the Australian Consumer Law (ACL) warning small businesses about the alleged business practices of Safety Compliance Pty Ltd.
Safety Compliance is located on the Gold Coast, Queensland and telemarkets workplace safety materials to small businesses across Australia. The workplace safety materials consist of a flip chart and other documents purported to be a fire evacuation plan and CPR chart.
It is alleged that in marketing the workplace safety materials Safety Compliance made a number of misrepresentations to the effect that:
(a) workplace safety laws in the relevant state or territory in which the business was located required the business to maintain information and materials of the same nature as the workplace safety materials offered for supply by Safety Compliance;
(b) Safety Compliance was affiliated with the workplace safety agency in the state or territory in which the business was located; and
(c) the workplace safety agency in the state or territory in which the business was located conducted inspections of workplaces to ensure that the materials that were maintained at the business is of the same nature as the workplace safety materials offered for supply by Safety Compliance.
The ACCC has reasonable grounds to suspect that the conduct may constitute misleading or deceptive conduct, false or misleading representations concerning the need for the workplace safety materials and harassment and coercion in contravention of the previous Trade Practices Act 1974 and the ACL.
Further information
If you need help or advice on any of the above issues please call the ACCC Small business helpline on 1300 302 021. If you would like to arrange an article or presentation for your members, contact your local ACCC Education and Engagement Manager listed below.
| Region | Name | Telephone | |
| WA | Siobhan O’Gara | 08 9325 0608 | siobhan.ogara@accc.gov.au |
| WA | Murray Beigel | 08 9325 0602 | murray.beigel@accc.gov.au |
Recent ACCC small business publications are available at www.accc.gov.au/smallbusiness
Education & Engagement
Compliance Strategies
Australian Competition & Consumer Commission (ACCC)
Protecting your intellectual property (IP) in China China is one of Australia’s rapidly growing export partners. Its vast market, unfortunately has gained a reputation for widespread counterfeiting and IP infringement. However, times are changing. With applications for IP growing rapidly and infringement being closely policed, your business may be able to take advantage of the potential for a profitable relationship. Follow this link to find out more about protecting your IP in China website: www.ipaustralia.gov.au
Disability Works Australia – NEED STAFF? Are you working too many long hours? Do you need assistance and not sure where to go for help?? A person with disability may be just the right person for you. Whether it is full time, part time, a trainee ship or apprenticeship, or casual employment, it makes good business sense to look at employing a person with disability. As your one point of contact for BEC Australia, Disability Works Australia taps into a large pool of people ready to work and skilled in a variety of different industries. If you are looking for reliable, hardworking and loyal employees that will save your company time and money and accurately reflect your diverse customer base, click on the following link to find out more. It makes good business sense. » Find out more
Welcome to Making Midland Connect -The Small Business Centre East Metro is proud to be a sponsor of Making Midland Connect. A free wi-fi internet service managed and operated by aCure Technology on behalf of Swan Chamber of Commerce and City of Swan. Making Midland Connect covers the Midland Centre Business District and is available 24 hours per day, 7 days a week. Whether you’re shopping, seeing friends or meeting for business; enjoy the convenience of FREE WI-FI Internet on the move. For more details go to City of Swan or Swan Chamber of Commerce.
http://www.makingmidlandconnect.com.au/
Changes to the Small Business Fair Dismissal Code As you may be aware, Workplace Relations Minister Simon Crean introduced some changes to the Small Business Fair Dismissal Code regarding redundancies. For more details visit the Fair Work Ombudsman website. Needless to say, you also need to ensure you are not selecting anyone for dismissal or redundancy on discriminatory grounds (pregnancy, race, religion, gender, sexual orientation, nationality, political beliefs or participation, union membership or participation or non-union membership or participation) or by reason of the person making a complaint or supporting someone making a complaint. By Mark Cox Barrister and Solicitor, MDC Legal Email: markcox@mdclegal.com.au
Australian Competition and Consumer Commission (ACCC) Small Business Information The ACCC wants to remind small businesses to check all invoices carefully to avoid paying for things they don’t want or need. Online directory billing warning The ACCC is aware of an international company sending out faxes requesting payment that appear to be from a very well known business directory and are urging small businesses to be vigilant when dealing with invoices and other requests for payment. Remember, once you have signed a contract it can be very difficult – not to mention costly – to get out of. It is advised that businesses take the following steps to avoid signing up to something they don’t actually want or need:
- Limit who has authority to buy or order anything; keep written records of all orders and purchases; and only deal with people you know and trust.
- If you are unsure whether you have received a legitimate invoice or request, contact the organisation that sent it. Don’t rely on contact details provided to you in an email – obtain the details through an internet search, telephone directory or official letters/statements from organisations like banks.
- Make sure you and your staff remain informed and alert to small business scams by signing up to receive SCAMwatch radar alerts.
More information Small businesses can be a target for scammers. It’s not uncommon for scammers to use a name or logo similar to a genuine and reputable directory, so don’t be fooled. If you think you have received the fax or have been a victim of a scam you can report it to the ACCC via the report a scam page on SCAMwatch or by calling 1300 795 995. For more information about how you can protect yourself and your small business, check out the small business scams page on SCAMwatch and the Small Business Scams Fact Sheet. For further information visit the ACCC website or contact your local ACCC Regional Outreach Manager listed below. siobhan.ogara@accc.gov.au – Siobhan O’Gara – WA murray.beigel@accc.gov.au – Murray Beigel – WA
Wageline Watch Are you a sole trader or partnership? Then this information applies to your business. BETTER WORKPLACE GUIDE FOR SMALL BUSINESS The Western Australian economy regularly experiences shortages of labour and skills. This can make it difficult for small business employers to attract and retain the staff they need to run their business and remain competitive. The Better Workplace Guide provides an overview of the key staff management issues faced by small business and provides practical advice on creating and maintaining a flexible workplace to meet business needs. This new publication also contains helpful checklists and handy hints. To obtain your free publication – download and click here. Also check out Employing Someone – an easy guide for small business employers. This is another free publication to assist small business and is available here. Need more information? Call Wageline on 1300 655 266
ACCC Small Business Information Please find below some recent updates regarding the Australian Competition & Consumer Commission (ACCC)’s activities relating to the small business sector. Unfair contract terms Today a new law comes into force which will provide greater protection to consumers when entering into standard form contracts. The law strengthens protection against unfair terms in standard form consumer contracts and provides the ACCC, ASIC and state and territory consumer protection agencies with an important tool to address systemic problems that have developed from the use of standard form contracts. Businesses using standard form contracts in their dealings with individual consumers should review them now to ensure compliance with the new laws. To assist businesses in understanding their obligations the ACCC has issued a specific business publication with a simple, easy to read overview of the new provisions. This publication complements the previously released A guide to the unfair contract terms law, which was developed jointly by the ACCC, ASIC and the state and territory consumer protection agencies. Both publications are available for download from the ACCC website: Unfair contract terms, news for business Guide to the Unfair contract terms law Related media release: New financial year, new laws for consumers and franchisees
Award alert – Landscape Gardening Are you a sole trader or partnership? Then this information applies to your business, Increase to Location Allowances. The Landscape Gardening Industry Award has been amended to include increases to: · Location Allowances – changes effective 1 July 2010. A full copy of the award can be found on the WAIRC website here. Need more information? Call Wageline on 1300 655 266
Promotion of the Small Business Superannuation Clearing House – On 6 November 2009, the Minister for Financial Services, Superannuation and Corporate Law and Minister for Human Services, The Hon. Chris Bowen, along with the Minister for Small Business, The Hon. Craig Emerson, jointly announced that the Department of Human Services through Medicare Australia, would establish a superannuation clearing house for small businesses. We are happy to announce that from 24 May 2010, eligible small businesses can register for the Small Business Superannuation Clearing House (the Clearing House). The Clearing House is a free online service. Any small business with less than 20 employees can register to use the service. The full service will be available to small business from 1 July 2010. Registered small businesses can pay their employees’ superannuation into a single location in one simple transaction. The Clearing House will then send the contributions to the nominated superannuation funds. In order to advise small businesses of the benefits in using this free service, we are seeking your support to help promote the Clearing House service to your members. To assist with this promotion, we have attached the following promotional materials which have been approved by Medicare Australia. Attached below is a suggested article suitable for newsletters, a link to a promotional flyer and a link to our website www.medicareaustralia.gov.au/super where more information about the service is available.
How you can promote the Clearing House service: If you wish to receive specific promotional material, you can contact Medicare Australia at SBSCHenquiries@medicareaustralia.gov.au where a member of our staff can accommodate your request. Links: A5 flyer You can claim your Medicare benefit at the doctor’s. Ask if they offer Medicare electronic claiming.
Starting a Franchise A free online education program funded by the Australian Competition and Consumer Commission will help prospective franchisees make an informed decision when looking to buy a franchise. The program, administered by Griffith University’s Asia-Pacific Centre for Franchising Excellence, consists of five modules and will commence in July this year. Griffith University – Franchise Education: Pre-Entry Franchise Education http://www.franchise.edu.au/pre-entry-franchise-education.htm
