News & Security Advice

National

Security Services Industry Award Amendment

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 to review Security Industry Awards

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

AUSTRAC New AML/CTF enrolment requirements

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.

 

AS/NZS 4421: 2011 Guard and Patrol Security Services

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.

Fair Work Ombudsman might be coming to you

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

 

Fair Work Australia – Wage Comparison – Security Industry Services Award 2010

Staff of Fair Work Australia have compared wages and allowances in a range of Division 2B State awards against provisions in modern awards and notional agreements preserving state awards (NAPSAs). The comparative schedules have been prepared in Microsoft Excel format. Security Services Industry Award 2010 Any inquiries or feedback regarding the comparative schedules should be forwarded by email to amod@fwa.gov.au.

 

New legislation to fight against Phoenix tax fraud

The Assistant Treasurer, Senator Nick Sherry, has highlighted a significant strengthening of laws to fight fraudulent 'phoenix' activity which been passed by Parliament. Phoenix activity involves the deliberate liquidation of a company to avoid paying liabilities - including workers' wages and superannuation, debts owed to other business creditors and also taxes. Read more

National Law Bill 2010

National Law Bill 2010 was introduced to the Victorian Legislative Assembly and passed its first reading on 10 August, 2010. Victoria is the host jurisdiction for the National Licensing System (NLS) legislation. Following the passing of the legislation in Victoria, all remaining states and territories will pass legislation that makes the Victorian legislation law in their jurisdiction. To progress this national initiative the bill must now also pass the second reading in the Victorian Legislative Assembly and the Legislative Council. The bill is available from the Victorian legislation and parliamentary documents website

Australian Standard AS3745:2010 Planning for Emergencies in Facilities

Australian Standard AS3745:2010 Planning for Emergencies in Facilities

This Standard supersedes AS3745:1995 titled ‘Emergency control organization and procedures for buildings’. The new Standard reflects a more modern and holistic approach to life-safety within facilities and as such, there are significant changes.  There is greater recognition for a broader range of emergency situations (i.e. other than the fire focus) including those that could be classified as security risks and threats.  There is a reference to security officers who are part of the Emergency Control Organization (i.e. Chief warden and wardens). It has more mandatory requirements.

It is critically important for security companies that have their employees who are part of their client’s Emergency Control Organization (ECO) on premises to ensure that their SOP / Site Instructions and training are consistent with AS3745:2010 and it is further suggested that security companies advise their clients of the new Standard. It is vital that emergency response resources, procedures, training and support documentation are promptly brought in line with the new Standard.  Failure to do so, may have implications in terms of occupational, health and safety legislation and your associated duty of care obligations.  AS3745:2010 can be purchased from SAI Global at www.saiglobal.com

AUSTRAC Cost Recovery Model and Government Reforms

Industry comment is sought on the proposed AUSTRAC cost recovery model and the Government's reforms to enhance the regulation of the remittance services sector. Read more