The Fair Work Ombudsman has today released the report on the Security Industry Follow-up Campaign conducted during 2011. The  Fair Work Ombudsman consulted SPAAL in March 2011 to discuss their views of the findings of Campaign 2009 and to identify any relevant current issues in the security industry.  As the Fair Work Ombudsman did in 2009, the Ombudsman attended SPAAL member meetings and addressed SPAAL members about the campaign.

SPAAL is pleased to see that the compliance rate of 75% of finalised audits is an improvement on the previous campaign where the compliance rate was 47%. However, the Fair Work Ombudsman still has 42 ongoing investigations and 14 of these are in relation to contract for service arrangements and 2 for potential Phoenixing practices.

National Security Industry Follow-Up Campaign 2011 Report  - 23 May 2012

Workplace Relations Advice

SPAAL provides expert legal services for members through Ellison, Tillyard & Callanan and Holding Redlich law firms in NSW, QLD and VIC.

Members receive free advice over the phone on workplace relations and business related legal matters, a fee for service applies for work undertaken.

For more information, please visit the Workplace Relations page.

We have attached for members information a summary of the Federal Budget prepared by SPAAL's Accountants, Byrons.

The most significant changes involve the new measure allowing businesses to 'carry-back' losses resulting in refunds of tax paid in prior years, the previously announced reduction in the company tax rate not proceeding and changes to superannuation rates and contribution caps....  [more]

WorkCover NSW presented at the recent SPAAL Member meeting on the new WHS legislation which commenced from 1 January 2012, which is being progressively rolled out nationally.

We have attached information for members WORK HEALTH AND SAFETY CHANGES 2012  on the main changes in the new WHS legislation that affect you and also encourage you to  visit www.safeworkaustralia.gov.au and your State Government WorkCover authority

WorkCover NSW

WorkCover QLD

WorkCover VIC

WorkCover ACT

WorkCover WA

WorkCover SA

WorkCover TAS

WorkCover NT

A new national business names registration service will replace the current state/territory systems, so that businesses only need to register their name with a single register nationally.

The national business names registration service is expected to commence on 28 May 2012 and will be administered by the Australian Securities and Investments Commission (ASIC).

ASIC staff will visit all capital cities in April/May to discuss the new national service and answer questions. For further information or to register for ASIC's national business names roadshow, visit the ASIC website.

Existing businesses do not need to do anything to transfer their business name to ASIC when the new national business name service is launched. Existing state and territory business name registrations will automatically be transferred into the new national register.

Transition to the new register

Each state and territory will be winding down its business name services in the period immediately leading up to the start date of the new national register. ASIC will not accept business name registrations or renewals before the 28 May 2012. There may be a period of time prior to the commencement of the new service in which you cannot perform some services. This is essential to facilitate the transfer of business names data into the ASIC register.

The Australian Institute of Criminology has released a report into cyber threats faced by small business in Australia. The report identifies the most common cyber threats facing small business and outlines ways to combat them.

Federal Government Press Release

On 10 January 2012, Fair Work Australia amended Schedule C Classifications relating to Security Officer duty levels. The amended Award is available on the SPAAL website under Security Industry Awards. Members should obtain a copy of the amended Award to ensure compliance is maintained for your employees.

Fair Work Australia has announced the review of the Security Industry Services Award and Transport (Cash In Transit) Award.

All documents (including applications, submissions, notices of listing and determinations varying modern awards) relevant to this process will be posted to a special review page on the Fair Work Australia website and subscribers to modern awards will be notified when documents are published.

Modern Awards Review 2012

From 1 November 2011, all businesses that provide a designated service(s) under section 6 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) must enrol with AUSTRAC. If you have previously voluntarily enrolled with AUSTRAC, you will still need to complete a new enrolment.

Enrolment will involve you providing information to AUSTRAC about your business and the services it provides. You will need to keep this information up-to-date.

In addition, you will be required to retain certain records relating to your business, such as your annual financial statements.

The new enrolment requirements have been introduced to enable AUSTRAC to more accurately understand its regulated population, identify which entities will be subject to the annual AUSTRAC supervisory levy, and calculate the appropriate levy amount for each leviable entity. For further information about the AUSTRAC supervisory levy, please visit the AUSTRAC website at: http://www.austrac.gov.au/cost_recovery_info.html

Enrolment throughout November 2011

You can enrol with AUSTRAC from 1 November 2011. All existing reporting entities must enrol by 28 November 2011.

If you start to provide a designated service after 1 November 2011, you must enrol within 28 days of starting to provide that service.

If you have an exemption from certain parts of the AML/CTF Act, you still need to enrol but the process will allow you to declare your exemptions. This will allow AUSTRAC to identify entities which will not have to pay the annual levy.

How to enrol

If you have previously enrolled with AUSTRAC, the fastest and easiest way to complete enrolment is electronically through AUSTRAC Online (https://online.austrac.gov.au/ao/login.seam).

Alternatively you can complete the process through the AUSTRAC website: www.austrac.gov.au.

If you do not have a computer or internet access, enrolment can be completed using a paper form that is available from AUSTRAC by contacting the AUSTRAC Helpdesk on 1300 021 037.

Further information

If you want more information, AUSTRAC has an enrolment fact sheet on its website at:  www.austrac.gov.au/new_enrol_req.html. AUSTRAC will also be publishing further guidance on the AUSTRAC website closer to the enrolment period opening that will assist you with completing your enrolment. Alternatively contact the AUSTRAC Helpdesk on 1300 021 037.

The new standard for guard and patrol security services is now available to purchase and download from the Standards Australia website.

SPAAL recommends to members providing these security services that you obtain a copy to assist with business compliance.

The Fair Work Ombudsman (FWO) will be undertaking another national security industry campaign as a follow up to the campaign conducted in 2009 for security firms with employees under the Security Industry Services Award.

Ian Unsworth, FWO Inspector provided a presentation on the campaign at the SPAAL NSW Member Meeting held on 25 May. FWO Security Industry Campaign 2011

The FWO website has a dedicated page for the Security Industry with a wide range of information and templates to assist members comply with the Security Industry Services Award and the other security industry Awards. FWO website

We encourage members to visit this FWO website or contact the FWO for assistance to ensure compliance. Members can also access information and links on the SPAAL website at Security Industry Awards

SPAAL provides members with free industrial relations and business related legal advice over the phone from specialist law firms. A fee for service applies for any work undertaken.

Michael Callanan, Partner
Ellison, Tillyard & Callanan
Phone: 02 8297 5900
Fax: 02 8297 5999
Email: michael.callanan@ellison.com.au

Website: www.ellison.com.au

Toby Boys, Partner
Holding Redlich
Phone: 07 3135 0649
Fax: 07 3135 0599
Email: toby.boys@holdingredlich.com.au

Website:  www.holdingredlich.com.au