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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP Sydney, Australia 17 May 2013 Workbook

L e a d e r s h i p,

B u s i n e s s

&

P e r s o n n e l

D e v e l o p m e n t

Contact Details First Aid

Security

Gwendolyn Joyce

0459 090 082

[email protected]

Russell Herd

0488 300 374

[email protected]

Russell Herd

0429 034 346

[email protected] 0429 034 346

Copyright & Disclaimer: The Finance Coach training programs are general advice that does not take into account your particular financial, personal or geographic position, and have been developed to teach you the basic principles of business accounting and business financial management. They are not a substitute for professional accounting or financial planning advice. Before taking actions that could have a negative effect on your financial situation, please discuss your plans with a suitably qualified and experienced advisor. The examples given in these courses are fictional (including the ‘Real-life Examples’), and are given to help you apply the theory to actual business situations. Any similarity with a real business or person is purely coincidental. This workbook, as all Finance Coach material, is covered by an exclusive copyright, with the master rights being held by UBT Accountants (‘UBTA’). No part of this material may be copied, distributed, loaned, rented, given away, etc. Any breach of this copyright will be viewed seriously, and will be pursued legally through the courts of law. Any suggestions should be sent to [email protected]

RISK MANAGEMENT & ASSET PROTECTION WORKSHOP

Contents TODAY’S AGENDA 4 OBJECTIVES FOR THE UBT BUSINESS SEMINAR PROGRAM 5 HOUSEKEEPING 6

ITEM 1 HR OBLIGATIONS SESSION 1 – MANAGING EMPLOYMENT LAW TO IMPROVE PRODUCTIVITY AND MORALE SESSION 2 – MANAGING THE TERMINATION OF EMPLOYMENT TO AVOID LITIGATION

ITEM 2 Personal Properties securities Act (PPSA) PPSA – Background and Upcoming Deadlines

ITEM 3 WORK HEALTH & SAFETY RISK MANAGEMENT

7 8 11

15 16

19

WORK HEALTH & SAFETY STATE REGULATORS REGULATORS ENGAGEMENT WITH BUSINESSES 5 FACTORS for EFFECTIVE COMPLIANCE KEY QUESTIONS TO ANSWER

20 21 22 23

ITEM 4 HUMAN RESOURCE MANAGEMENT

25

Attracting, Retaining & Motivating

ITEM 5 PEOPLE DRIVE SUCCESS ADDING VALUE TO YOUR BUSINESS THROUGH PEOPLE DEVELOPMENT

Workshop Action Items

© Copyright Universal Business Team Pty Ltd 2013

26

31 32

34

RISK MANAGEMENT & ASSET PROTECTION WORKSHOP AGENDA, OBJECTIVES AND HOUSEKEEPING

TODAY’S AGENDA 1. INTRODUCTION – we will commence with an overview of the day, giving you some background information about this workshop. 2. HR obligations:

Session 1– Joanne Clancy from Business Savvy

Session 2– Simon Berry, from Berry Buddle Wilkins, Lawyers. 3. Update on the Personal Properties Securities Act (referred to as PPSA), by Daniel Turk, Turks Legal.

4

4. Providing WORK Health & Safety Risk Management for your business, by Andrew Sneddon from Global Compliance. 5. HUMAN RESOURCE MANAGEMENT for your business, by Rob Sharp, HR for Small Biz. 6. PEOPLE DRIVE SUCCESS – adding value to your business through people development, by David McMurdo, RogenSi.

© Copyright Universal Business Team Pty Ltd 2013

OBJECTIVES FOR THE UBT BUSINESS SEMINAR PROGRAM • To provide helpful advice and counsel for established businesses, including the development of long-term strategies and forward planning. • To develop confidence with the coming generation, in seeing a future in business, without need to compromise any principles of the truth. • To provide training for brethren staff in areas such as finance, time management, sales & marketing, staff relations, customer relations, goal planning etc.

• To include as many persons as possible in the work of advising and mentoring for brethren’s businesses. • To increase awareness and compliance with government regulations and requirements. • To provide the same level of help universally. Scriptural Basis: Romans Ch 16 v 1 - 2 We need to be able to filter everything we say in these seminars through the word of God - JSH

5

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP AGENDA, OBJECTIVES AND HOUSEKEEPING

HOUSEKEEPING

6

There are some points that you need to be aware of in attending this workshop at this venue. Coming here today you agree to comply with these terms:

First Aid

1. This workshop is general in nature, and does not take into account your own business situation etc. Before taking action on any of the points covered today, please discuss with qualified advisors. Neither UBT nor any of its affiliates will be held liable through your attendance or coming in contact with information discussed today. Also refer to the ‘Disclaimer & Copyright’ on page 2.

• In the event that First Aid is required, please notify the Help Desk

2. Mobile Phones & Baggage: Phones (incl BlackBerrys) must be on silent if brought into room. Laptops can be brought into room, if necessary. Their are no baggage collection facilities. 3. R  ecording devices: you must not record today’s workshop using video or audio recording devices. Cameras are not allowed. Using any of these is a breach of copyright. 4. Toilets: follow signs in passage. 5. Lunch: please take your pack with you, as you depart. 6.  Private Property: please respect other people’s property. Please remain on Level 1 during day.

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• Qualified First Aid personnel will be in attendance

• The following persons are qualified First Aiders: Gwendolyn Joyce Ph: 0488 300 374 Russell Herd Ph: 0429 034 346

Health & Safety • The Health & Safety of all personnel and attendees is the responsibility of the Conference Facilitator. Health and Safety notices and the directions of Conference personnel must be followed at all times.

Approx. Time line: • Registration open • Refreshments from • Room open • Workshop start • Morning Tea • Finish/Lunch

8.30 8.45 9.15 9.45 11.30 2.00

AM AM AM AM AM PM

ITEM 1

HR OBLIGATIONS

7

RISK MANAGEMENT & ASSET PROTECTION WORKSHOP HR OBLIGATIONS

SESSION 1 – MANAGING EMPLOYMENT LAW TO IMPROVE PRODUCTIVITY AND MORALE Improving productivity and morale through HR policies that are CLEAR, FAIR and UNDERSTOOD

8

Yes No

Are our employment contracts up to date?



Do we pay an “all in rate” and how is this covered in my employment contract



Do we have casuals who have worked for more than 6 months?



What is our procedure for dealing with complaints of discrimination, bullying and harassment?

Who do we employ to investigate complaints?

What procedure do we have for dealing with poor performance?

© Copyright Universal Business Team Pty Ltd 2013



Is it effective?

Yes No



Do we have employee performance issues that should be addressed in order to improve morale and productivity?

Who has responsibility for hiring and firing?

Have we met the legislative requirements for the installation of surveillance equipment?



• In the workplace



• In motor vehicles



9 How can we use surveillance information in the workplace?

What procedure do we have for dealing with salary equity?

How are these measured and recorded?

© Copyright Universal Business Team Pty Ltd 2013

RISK MANAGEMENT & ASSET PROTECTION WORKSHOP HR OBLIGATIONS

• Experience

• Years of service

• Additional responsibility

• Hours of work

• Skill Level

10

EXECUTIVE REVIEW What is the date you last reviewed your: 1. Employment Contracts?

2. HR Policies / Employee Handbook?

3. What follow up action do you need to take?

© Copyright Universal Business Team Pty Ltd 2013

SESSION 2 – MANAGING THE TERMINATION OF EMPLOYMENT TO AVOID LITIGATION When does redundancy apply?

Can we use redundancy to terminate for poor performance?

11 • Does Notice payment apply in your business?

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP HR OBLIGATIONS

• What is the definition of “small business”?

• Does Redundancy payment apply in your business?

What is discrimination at the time of termination of employment?

What is serious misconduct?

12

What is general misconduct?

How do we measure poor performance?

How do we ensure procedural fairness?

Why does a warning need to be in writing?

• What must a warning letter contain?

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• What must not be included in a warning letter?

How does a probationary period apply?

• When does it not apply?

• Can we extend a probationary period?

What is the procedure for performance management in your organisation?

13

Are there employee issues that should be addressed now?

Contact: Business Savvy Risk Management [email protected] Tel: 612 9555 1708 PO Box 256, Rozelle NSW 2096

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Notes:

14

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ITEM 2

Personal Properties securities Act (PPSA)

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP Personal Properties securities Act (PPSA)

PPSA – Background and Upcoming Deadlines Paper by Daniel Turk | May 2013

Summary The Personal Property Securities Register commenced on 30 January 2012. The transitional protection provisions for unregistered interests ends in January 2014.

Who Does it Impact? • Trade creditors who supply goods under retention of title arrangements (“ROT”).

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• Financiers. • Businesses that lease goods.

What Action Should be Taken? • Review your terms of trade and agreements with customers to ensure you are PPSA ready. • Put in place processes to register your interests in your property held by your customers. • Educate your staff as to your obligations under the PPSA. • Ensure all registrations are completed by January 2014.

What do you need to do about the PPSA? 1. Identify if the PPSA applies to your business. Any business which takes securities over its customer’s assets needs to be aware of the PPSA requirements. An example is a charge over an asset of your customer’s business securing monies owing. The PPSA also includes the following as security interests: (a) A supplier’s interest in goods which are sold under retention of title arrangements to its customers. (b) A lessor’s interest in goods which are leased to a customer for an indefinite period or over one year. 2. Ensure your trading terms are signed, agreed or adopted by your customer. In order to retain maximum recovery rights it is necessary to have your terms of trade, loan agreements and leases signed or alternatively, accepted or adopted by your customer. Businesses should identify which existing customers are not signed up to terms and consider whether those customers have accepted or adopted the written terms in accordance with the PPSA. Steps should be taken to ensure that all new customers are signed up to terms of trade to avoid problems in the future with enforcement.

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3. Ensure your trading terms and agreements are PPSA ready Have your trading agreements, loan agreements, and leases reviewed to ensure you have the best possible security interests under the PPSA. Provisions can be inserted into your terms of trade to make management of the PPSA easier for businesses. One example is a provision under which the customer waives its right to be notified in writing of registration. Such a provision will save management time.

Transitional Protection Ending The Act provides protection for businesses with pre PPSA security interests which are not registered. However these protection provisions end in January 2014. Businesses which have not registered their interests will lose rights once this period ends. It is crucial that all customers are registered by January 2014 if you want to be able to enforce your security interest in their assets.

4. Register your interest on the PPSA Register Businesses should register their security interests in their customer’s assets or goods on the PPSA Register. This applies also to ROT goods and leased goods held by your customer. Processes should be put in place to ensure that new customers are registered upon the opening of an account. This involves staff education. For existing customers they will also eventually need to be registered. However, provided the written terms are agreed prior to PPSA commencement and they cover ongoing supply or advances then you have two years to register those customers from PPSA commencement.

What if you don’t Register? In the event that your customer goes into an insolvency administration then you will lose security rights. The legislation favours banks and other parties who have registered security interests. Banks and other parties with securities such as charges will now be able to attach their security to ROT goods or leased goods in the possession of borrowers. For example if retention of title suppliers have not registered their interests, then a bank charge will take priority over their interest even though the borrower does not have title in the goods.

© Copyright Universal Business Team Pty Ltd 2013

For more information, please contact: Daniel Turk Partner T: 02 8257 5727 M: 0408 667 220 [email protected]

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP Personal Properties securities Act (PPSA)

Notes:

18

© Copyright Universal Business Team Pty Ltd 2013

ITEM 3

WORK HEALTH & SAFETY RISK MANAGEMENT

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP Quality Management Systems

WORK HEALTH & SAFETY STATE REGULATORS State

Regulator

Website

Phone

New South Wales

WorkCover NSW

www.workcover.nsw.gov.au

13 10 50

Victoria

WorkSafe Victoria

www.worksafe.vic.gov.au

13 23 60

Queensland

Workplace Health & Safety Queensland

www.worksafe.qld.gov.au

1300 369 915

South Australia

SafeWork SA

www.safework.sa.gov.au

1800 777 209

Western Australia

WorkSafe WA

www.commerce.wa.gov.au/worksafe

1800 678 198

Tasmania

Workplace Standards Tasmania

www.workplacestandards.tas.gov.au

1300 366 322

Northern Territory

NT WorkSafe

www.worksafe.nt.gov.au

1800 019 115

Australian Capital Territory

WorkSafe ACT

www.worksafe.act.gov.au

02 6207 3000 a/h 0419 120 028

20 Notes:

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REGULATORS ENGAGEMENT WITH BUSINESSES

21

TRANSPARENCY

ENCOURAGEMENT

WORKPLACES

SUPPORT Premiums

Funding Support

• Guidance •  Build Capability • Education

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DETERRENCE

Visible & Presence Detection

Penalties & Prosecution

RISK MANAGEMENT & ASSET PROTECTION WORKSHOP Quality Management Systems

5 FACTORS for EFFECTIVE COMPLIANCE

Continual Improvement Management Review

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OHS Policy

Measurement and Evaluation Planning Implementation

5 THINGS TO REMEMBER • Take ‘Compliance’ further than compliance! • Create a Safety culture • Encourage communication • Study your workforce to gain better motivation and attitude • Rigorously maintain your system so that you continue to comply

© Copyright Universal Business Team Pty Ltd 2013

KEY QUESTIONS TO ANSWER 1. Is everyone in your organisation aware of the legal requirements and duties for health and safety in their areas of responsibility? 2. Do you have copies of legislation readily available for to all employees, including relevant Codes of Practice? 3. Do all persons in your organisation know who their State Regulator is, what they provide in way of support and the authority they have? 4. Have you completed a Risk Register for your operations including all known risks and potential hazards? 5. Have management clearly communicated their interest in developing and maintaining a health and safety system including the setting of health and safety objectives and targets to ensure that there is continuous improvement throughout your organisation? 6. Do you have an effective method of communicating and consulting with your employees on health and safety matters? 7. Could you call your health and safety program a Management System or simply a policy and a set of forms? 8. Do you have in place formal reporting of all hazards, injuries, incidents and a systematic way of ensuring these are followed up and closed out? 9. Have you considered the benefits of setting up an Integrated Management System that includes Quality and Environmental Management? 10. If you had a major incident today, are you confident you would meet all requirements?

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Notes:

24

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ITEM 4

HUMAN RESOURCE MANAGEMENT

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP HR Training System

Attracting, Retaining & Motivating SMEs need proactive HRM even more than large corporations… however businesses do not hire a HR professional until they have around 70+ staff.

Poor Performers

Total Staff

Impact

1

(10%)

1

10,000

All business success, failures, and risks can be traced back to a human resource…

26 A % B % C %

© Copyright Universal Business Team Pty Ltd 2013

(

%)

Recruitment & Selection 80% of the employment risk can be avoided by hiring the right person 1. Job Description

2. Objectives

3. KPIs

4. Selection Criteria

5. Interview Technique

27 6. Reference Checking

7. Profiling / Social Media

8. Induction

9. Probation Review

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP HR Training System

Performance Management Goal Based or Behaviour Based

Objectives must be:

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S pecific Measurable A chievable R esult T imeframe Behavioural feedback can be measured by:

M anager S ubordinates P eers C ustomers 3 60 degree review

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Reward & Recognition Monetary

Non-Monetary

The key is to match the reward to the individual based on what best motivates them!

What can you do now? • Seek professional help – HR Health Check Audit • Ensure you are compliant with all legislation • Consider how you are managing performance • How are you rewarding staff for good performance? • Review you recruitment process Be Proactive – it will cost you less and deliver more in the long run!

Rob Sharp HR Specialist [email protected] 0415 225 920 (02) 8883-0706 www.hrforsmallbiz.com.au

© Copyright Universal Business Team Pty Ltd 2013

29

Notes:

30

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ITEM 5

PEOPLE DRIVE SUCCESS

31

RISK MANAGEMENT & ASSET PROTECTION WORKSHOP PEOPLE DRIVE SUCCESS

ADDING VALUE TO YOUR BUSINESS THROUGH PEOPLE DEVELOPMENT Getting more for less - ‘today’s competitive environment is calling for higher skilled staff than ever before’

Ensuring there is a return on investment with training & development

32

Understanding the relationship between the manager and the employee in regard of training & development

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“Your best people, not people doing their best”

33 Notes:

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RISK MANAGEMENT & ASSET PROTECTION WORKSHOP

Workshop Action Items 

Action Item

34

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Target Date

Responsible

MEETING ROOM 5

DINING AREA

MEETING ROOM 6

ASSEMBLY POINT

EMERGENCY

MEETING ROOM 4

MEETING ROOM 3

MEETING ROOM 2

MEETING ROOM 1

BREAKOUT

EMERGENCY PLAN LEVEL 1

22230

RECEPTION

STORE

KITCHEN

WAITING

HOT DESKS

INFORMAL MEETING AREA

CONFERENCE ROOM

STORE ROOM CLEANERS ROOM

BREAKOUT

STORE ROOM

Follow Fire stairs

AMENDMENTS

PRELIMINARY DESIGN

SCALE

DRAWING

FURNITURE

Level 1 127 Bowd MEADOW

CLIENT / PROJECT

LEVEL 1, 2A HOPE STREET ERMINGTON NSW 2115 SYDNEY, AUSTRALIA TEL : +612 8845 7000

FURNITURE & FUR

OFFICE INTERIO

THE ARCHWAY

This is a design drawing, all dimensions of any discrepancies before work comme c Copyright The Archway House Group. infringement of copyright. The document from disclosing such information, ideas a Archway House Group.

PD

REV DESCRIPTION

head office Shepherds Bay House, Level 2 127 B owden S treet, Meadowbank N S W 2 1 1 4 S y dney, Australia all enquiries

on e s u ppo r t@ u bte am .c o m

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L e a d e r s h i p,

B u s i n e s s

&

P e r s o n n e l

D e v e l o p m e n t