June 2006 Newsletter

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	Newsletter June 2006

	Welcome to our June 2006 newsletter! In this month's newsletter: News from CEO David Baumgarten Work Choices and super changes - are you ready? How to account for GST and security deposits Can departing employees contact their employers' clients? Government issues press release on Independent Contractors Bill Kym Illman - Tour cancelled DATES FOR YOUR DIARY Google at ADMA Forum, Sydney Convention and Exhibition Centre-May 24th-26th Import Export Workshop - 29th & 30th May (Evenings) Eastern Suburbs Business Breakfast with Tom O'Toole from Beechworth Bakery - 30th May Google University seminars- An Introduction to Web Marketing - 6th June Newtown Business Breakfast - Starting a referral virus to explode your business -6th June Business Thursdays: How to be more organised and less stressed - 15th June, The Etiquette of Good Business - 29th June Community Noticeboard - upcoming events in your local area News from CEO David Baumgarten Brace yourselves for another busy month of small business functions and workshops. This month's newsletter is again out a little early due to some late May and early June events, i.e. Two business breakfasts and Google University, all of which I believe are a must. On 30th May we present Tom O'Toole, the charismatic and inspirational 'Baker from Beechworth'. Tom's Beechworth Bakery has become the highest earning single bakery retailer in Australia, and winner of national and state marketing and business awards. His business model is being emulated around the world. This breakfast is being supported by Waverley Council, Kwik Kopy Bondi Junction, Act Data and The Wentworth Courier. Our thanks to this last organisation for their continued support of our Business Enterprise Centre. On 6th June the initial Newtown Business Breakfast Series is being held. This is being supported by Marrickville Council and Newtown RSL. As I was in Canada during Home-Based Business Week, I missed out on a week of home-based business activities. From the many emails I received, I am pleased that it was a roaring success. I do believe a big 'Thank you' is in order to the NSW Department of State & Regional Development and in particular to our Small Business Minister, David Campbell, for organising this week and acknowledging a very important sector. The good news this month is as I have been away, I have a very short June newsletter. Rest assured I will be back in July with all guns blaring. On my travels in Canada, I took the opportunity of meeting a number of similar business support organisations. A lot of ideas were exchanged and friendships made…and yes, I came back with some initiatives that I hope to implement in the future. It was a very interesting insight Also this month we have our regular Business Thursdays, an Import Export Workshop and several Sydney Business Advisory Service workshops (see our Workshop Calendar for more details). Have a great month and I'll see you soon! David Baumgarten, CEO Back to Top Work Choices and super changes - are you ready? As a result of recent changes to the law, some of your superannuation obligations may have changed. Outlined below are some of these changes. What's changing from 1 July 2006? Some employers will be affected by the following changes. 1. Choice of superannuation fund is being extended to more employees If you are an incorporated business and you have employees who were covered by a state award, you should check whether they are now covered by a 'notional agreement preserving state award' under the Work Choices changes. From 1 July 2006, these employees can choose the fund into which their superannuation contributions are paid. If you are already providing choice of superannuation fund to your existing employees, then nothing changes for you. What you need to do if you are affected by this change If your existing employees become eligible for choice of superannuation fund under this change, you only have to give them a Standard choice form if they ask for one. However, you still have to provide a form within 28 days: to new employees starting work from 1 July 2006 to existing employees if they request a form from you in writing (you only have to act on one request every 12 months) if you become aware that you are unable to contribute to an employee's chosen fund or that it is no longer a complying fund, or If you change your employer fund. If an eligible employee chooses a new fund, you have to arrange to pay contributions into that fund, within a two month period. After this time, any superannuation contributions paid for that employee must be to their chosen fund. Our fact sheet explains how to determine if your employees are eligible for choice of superannuation fund and answers some common questions. 2. Superannuation holding accounts (SHA) special account is being closed The SHA special account will be closed to employer deposits after 30 June 2006. What you need to do if you are affected by this change If you are currently using the SHA special account, you will need to make alternative arrangements now with a complying superannuation fund or retirement savings account to be ready by 1 July 2006 to meet your superannuation obligations. *3. Some superannuation funds are also being closed* Please be aware that there are new requirements for the licensing of trustees of all superannuation funds, other than self managed superannuation funds. From 1 July 2006, you cannot continue contributing to a fund that is not a registered superannuation entity (except for self managed superannuation funds, which do not have to register). What you need to do if you are affected by this change If any fund you contribute to is going to close, you will need to find an alternative superannuation fund and advise your employees of this new fund in order to meet your choice and superannuation guarantee obligations. You can check the ongoing status of funds by contacting the trustees of those funds. 4. A reminder of your superannuation obligations You have to pay a minimum of 9% of an eligible employee's earnings base to a complying superannuation fund or retirement savings account by the quarterly cut-off dates. The easiest and cheapest way of meeting your obligations is to pay the full amount of superannuation to the correct fund(s) by the cut-off date - 28 January, 28 April, 28 July and 28 October - after the end of each quarter. If you pay your superannuation contributions by these dates, the contributions are tax deductible. 5. More information We have revised our publication Superannuation guarantee - a guide for employers (NAT 1987) to reflect all recent changes to the law. We encourage you to obtain a copy of the guide by visiting www.ato.gov.au/super and selecting 'Fact sheets and publications' or by phoning 1300 720 092 and quoting NAT number 1987. The Standard choice form (NAT 13080) is also available via these channels. If you have any questions or need further information on meeting your superannuation guarantee or choice of superannuation fund obligations, visit www.ato.gov.au/super or www.superchoice.gov.au or phone us on 13 10 20 between 8.00am and 6.00pm, Monday to Friday. Download the Choice Eligibility Factsheet Article supplied by the ATO Back to Top How to account for GST and security deposits Please download the pdf below to find information regarding how to account for GST and security deposits. This has been supplied by the ATO. GST Security deposits Back to Top Can departing employees contact their employers' clients? Latest case sheds light on issue of poaching clients A key staff member resigns. Many of your clients have close and important connections to her. Can departing employees contact their employer's clients? Is this acceptable and what do you need to do to protect your goodwill and client base from poaching by former employees? The Federal Court has recently held that when Ms Manning left her employer "Arrive Pty Ltd", and contacted her clients to tell them she was leaving, she was breaching her duty to her employer. Angela Manning was a top performer for Arrive. She had a lengthy written employment agreement with the employer. On 20 January 2004 Manning resigned from Arrive to join Goldman Sachs J B Were (GSJBW). She claimed that senior management agreed to her resignation having immediate effect whereas Arrive insisted that she had been placed on garden leave for the length of her 4-week notice period. Straight after her resignation (i.e. within the 4-week notice period) she started to contact clients and advise of her departure. Garden leave is where the employer requires the employee to serve out their notice period at home. They are still technically employed and hence subject to all the usual constraints and duties of an employee, but they do not have access to files and clients. If their contract does not particularly allow garden leave, the removal of an employee from their daily duties would constitute constructive dismissal by the employer. This ends the employment immediately regardless of any notice period that might apply to the resignation. The judge held that Manning had remained an employee of Arrive for four weeks after her resignation. She told one client that she had resigned from Arrive and that she was going to another company, GSJBW (an Arrive competitor). Although she could not solicit their business because of `contractual obligations' in her Arrive agreement, she gave them her contact number. She said that someone from Arrive would be in touch with them to talk about their future business. The principles relating to this area are: former employees are free to compete but they are not free to remove their employer's property e.g. client lists the contract of employment contains an implied promise of fidelity which is broken if the employee takes preliminary steps to establish a competing business, such as by canvassing the employer's customers to bring their business over to the new enterprise, whilst still employed by the employer an employee may incur fiduciary duties relating to the protection of interests of the employer which can be protected through Equity court orders.Here is the list of duties that every employee owes to their employer regardless of whether they are set out in a written agreement, although they can be expressly cut out by the employment agreement: the duty to act in the best interests of the employer the duty to protect the employer's business the duty not to favour the worker's interests over those of the employer the duty not to entice away business from the employer the duty to act in respect of other employees in the best interests of the employer the duty not to entice employees away from the employer. In Manning's case the Federal Court held that merely advising a client that the employee had resigned would not breach any duty, and informing a client where the employee was going would not breach any duty. But the Court also held that instead of only contacting her long-standing clients out of courtesy to tell them something they truly needed to know, Ms Manning "approached clients to entice them to deal with her once she went to GSJBW"; that her calls to clients were more than mere "courtesy" calls to notify them that she would no longer be handling their affairs. The result was a victory for the employer who got judgement but only for one month's profits in Manning's case, because, the Judge said, the clients would have gone anyway. The moral: Well-drafted employment agreements at the time the employee joins the business and good quality legal advice at the time of resignations are an investment for the respective parties, not a cost, because of how much they can save in the long run. Article provide by Peter Townsend, Solicitors www.townsendslaw.com.au Back to Top Government issues press release on Independent Contractors Bill The Federal Government has issued a two-page press release on the Independent Contractors Bill. For the Minister's Press Release and the Government's 2004 election promise, go to the News page at: www.contractworld.com.au/reloaded/ica-news.php and follow the two links in the News box. Back to Top Kym Illman - Tour cancelled Due to certain circumstances Kym Illman has had to cancel his June tours for the Customer Service and WOW Marketing Seminars. We will keep you informed of future tour dates. Back to Top DATES FOR YOUR DIARY Google at ADMA Forum, Sydney Convention and Exhibition Centre - May 24th-26th Learn about multichannel marketing and measurement, data and decision-making Google staff will be on hand throughout each day to help you understand the highly effective medium of Search and learn how it can help businesses, big and small, reach a qualified audience for minimal outlay. If you are an advertiser wanting to take advantage of the power of search marketing and set-up an AdWords account, but are not sure where to start - then sign-up now for a free 1:1 assisted sign-up session with a Google professional via www.admaforum.com.au/google This 3 day conference is jam-packed with the latest thinking and expertise from the most knowledgeable speakers from Australia and around the globe. In-depth case studies from a whole range of industries and thought-provoking presentations on the very latest marketing techniques will pack your mind with practical insights. Attend all 3 days or book per half-day, it's up to you. With sessions covering multichannel marketing and measurement, data and decision-making, B2B, brand involvement and relationships between client, agency and customer - there is something in the programme for everyone Back to Top Import Export Workshop - 29th & 30th May (Evenings) Starting an Importing or Exporting Business? Then this workshop is for you! You will learn everything you need to know to get your importing or exporting business up and running! For more information or to book online see our Training Calendars: ESBEC - Training Calendar Clearly Business - Training Calendar Back to Top Eastern Suburbs Business Breakfast with Tom O'Toole from Beechworth Bakery - 30th May ''My bread is probably no better than the rest but our service vision lifts us right out of the crowd'' Tom O'Toole is the charismatic and inspirational 'Baker from Beechworth'. He has built his bakery into one of Australia's greatest success stories. Tom shares how he took a bakery in a small dying isolated country town, with a population of 3,000 people, from two staff to 70 full and part timers; from an annual turnover of $100,000 to in excess of $4 million; now serving well over 900,000 customers per year; and the rebirth of a community. To book your place see our Networking Calendars: ESBEC - Networking Calendar Clearly Business - Networking Calendar Back to Top Google University seminars- An Introduction to Web Marketing - 6th June We are proud to partner with Google & AIMIA to deliver a day of instructive seminars on how internet advertising can transform your business. Ideal for any business who may have just developed their first website, or want to learn about why they should, the BEC introductory forum will open your eyes to a world of online possibilities. Google's expert Australian staff will then educate you on a number of their online services to ensure the ongoing success of your website. At the end of the day, you'll be ready to drive more customers to your website using the many integrated tools of the internet. Workshop topics are as follows: 9:30am-10:00am- Registration 10:00am-12:00pm-An Introduction to Web Marketing Four industry experts discuss and answer your questions on how to make business sense out of the Internet. 1:00pm-3:00pm - Google Services for marketing your website Get noticed in Google's search results: Sitemaps and optimisation Let customers find you: Building an effective AdWords campaign Make money from your website: Implementing AdSense 3:30pm-5:00pm - Maximising your AdWords campaign For experienced AdWords advertisers Tracking conversions to optimise ROI Beyond Search: Site & Content Targeting New tools 5:00pm-6:00pm - Drinks & Networking When Tuesday, 6th June 2006, Telstra Auditorium For more information and bookings see www.aimia.com.au/i-cms?page=1959 Back to Top Newtown Business Breakfast - Starting a referral virus to explode your business - 6th June This 45 minute interactive presentation looks at the importance of word-of-mouth referrals and how to generate more. Talking powerfully about your work and using networking as an effective tool in your marketing activity is a key to success. This presentation will help delegates to develop these skills and open doors to added opportunities. Other specific areas covered include: The value of a statement that talks powerfully about what you do The importance of recognising who you should really do business with How to create a referral virus that will lead to potentially endless new business leads The presentation concludes with a tool that each person can apply to their business and an action plan to start the ball rolling. Our presenter is Robert Gerrish from Flying Solo www.flyingsolo.com.au For more details and to book online see our Networking Calendars: ESBEC - Networking Calendar Clearly Business - Networking Calendar Back to Top Business Thursdays: How to be more organised and less stressed - 15th June, The Etiquette of Good Business - 29th June On 15th June our presenter Tad Purtill will show us "How to be more organised and less stressed. " Tad's model is based on the following pyramid. • Reputation • Stress • Time Management This is an interactive and fun workshop . Our second workshop for the month will be on the 29th June. Keynote speaker and international stylist Elena Reed presents a practical and entertaining workshop on 'The Etiquette of Good Business'. You will learn all about Business Manners and the business tool of Social Graces to position yourself for success in any situation. For more details of both these events and to book online, see our Networking Calendars: ESBEC - Networking Calendar Clearly Business - Networking Calendar Back to Top Community Noticeboard - upcoming events in your local area Don't forget to check our Community Noticeboard for the latest small business events including business breakfasts, cocktail functions, lunches and business networking groups. If you would like to post your event please email david@clearlybusiness.com.au To find out more about upcoming events see: ESBEC Community Noticeboard Clearly Business Community Noticeboard Newsletter edited by Charmedia Back to Top

Tom O'Toole,the charismatic and inspirational'Baker from Beechworth'.