Issuu on Google+

INSIDER_Aug/Sep 2012 Iss3_52pp

7/8/12

7:25 PM

SECURITY

Page 1

THE MAGAZINE FOR SECURITY PROFESSIONALS

PUBLISHED BY THE AUSTRALIAN SECURITY INDUSTRY ASSOCIATION

[ M AG A Z I N E ] VOL.17 | ISSUE.4 | AUG/SEP 2012

Security Technician Certification 60 26

PP255003/02390

Professional recognition for security technicians


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 2


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 3


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 4


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 5


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:20 PM

Page 6

CONTENTS VOL.17 | ISSUE.4 | AUG/SEP 2012

20 SECURITY TECHNICIAN CERTIFICATION

Professional recognition for security technicians

24

28

38

SECURITY 2012 IN PICTURES

BIG LIFT IN COMPLIANCE, BUT SECURITY FIRMS REPORT WAGE PRESSURES

PUTTING THE PSPF PUZZLE TOGETHER

08 | President’s message 10 | Security in Government 10 | Guidelines for the installation and servicing of smoke detectors/sensors 11 | Award weekly wage increase 2012 12 | QLD – Compliance Audits

12 | 2013 Australian Security Industry Awards for Excellence 14 | Crowd control training with a difference 16 | NSW Security Industry Amendment Bill 32 | Diversity – the changing face of risk

38 | Putting the PSPF puzzle together 42 | Sham contracting – Employers need to ensure bona fide relationships 47 | Hot Products 49 | Monitoring Centres List 50 | ASIAL Calendar of events

ASIAL Strategic Partners >

6 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 7


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 8

PRESIDENT’S MESSAGE

BUILDING PARTNERSHIPS

O

ver the past decade ASIAL has consolidated its position as the

peak national body for the

states and territories. As we celebrate the success of the

THE MAGAZINE FOR SECURITY PROFESSIONALS Editorial and Advertising Security Insider is published by The Australian Security Industry

27th annual Security 2012 Exhibition and

Association Limited

security industry and as a result has

Conference in Sydney last month, I was

PO Box 1338 Crows Nest, NSW 1585

been able to forge stronger relationships

heartened by the tremendous response

Tel: 02 8425 4300 • Fax: 02 8425 4343

with federal, state and territory

to the Security Technician Certification

government agencies.The development

program launched at the event. It is

of stronger partnerships is important for

important for the future of our industry

the industry’s future growth and

that this initiative succeeds, so it was

development.

very encouraging to hear such positive

As acknowledged by The Hon Nicola Roxon, Federal Attorney General in her

Email: communications@asial.com.au Web: www.asial.com.au Publisher

feedback from visitors to the show. Finally, I would like to reassert ASIAL’s

address to the ASIAL conference, the

desire for a professional security

private security industry performs a

industry, one based on sound ethical

valuable role in helping boost our

business practices that benefit both the

national security and the majority of

community and business. ASIAL has,

companies and individuals working in

and will continue to ensure that its

the industry provide a great service to

members are held accountable for their

the Australian community.The Attorney

actions and behaviour through

General also indicated that the Federal

enforcement of the Association’s

Government is looking at options for a

Professional Code of Conduct.

national licensing scheme for the

Editor Bryan de Caires | security@asial.com.au Editorial Enquiries communications@asial.com.au Advertising Tania Laird | advertising@asial.com.au Creative Director Martin Costanzo | martin@webfx2.com.au Graphic Design + Prepress Webfx2 Digital | design@webfx2.com.au

industry, one that simplifies licensing,

Editorial Contributors

while maintaining the improvements

Chris Delaney, AusSuper, AON, Steve Ronson,

already achieved through the COAG

Mark Bezzina, Konrad Buczynski and

reforms. ASIAL’s long held position is that

Dr Georgia Lysaght.

national licensing is the way forward to

Print + Distribution Cirque

enable the mobility of security personnel

Published bi-monthly

to work interstate. It is important as an

Estimated Readership of 10,000

industry that we work together to ensure

Views expressed in Security Insider do not

that this becomes a reality.

necessarily reflect the opinion of ASIAL. Advertising

I am pleased to advise of an

does not imply endorsement by ASIAL, unless

important initiative with the South

Ged Byrnes

otherwise stated with permission. All contributions

Australian Police that the Association will

ASIAL President

are welcomed, though the publisher reserves the

be involved in later this year. As part of

right to decline to publish or to edit for style, grammar, length and legal reasons. Press Releases

the induction program for SA Police

to: security@asial.com.au.

recruits an ASIAL representative will

Internet

provide an address on the evolving role

references

in

articles, stories

and

advertising were correct at the time of printing. ASIAL does not accept responsibility for misleading

of the private security industry and the

views. Copyright© 2012 (ASIAL) All rights reserved.

partnership approach to community

Reproduction of Security Insider magazine without

safety which will become a regular

permission is strictly prohibited. Security Insider is

component of the induction program. It

a subscription based publication, rates and further details can be found at www.asial.com.au.

is hoped that this important initiative in building a stronger partnership between police and the private security industry can be emulated by police in other

8 //SECURITY INSIDER AUG/SEP 2012

[Next Issue] OCT/NOV 2012 ISSN 1442-1720


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 9


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 10

INDUSTRY NeWS

SECURITY TECHNICIAN CERTIFICATION PROGRAM At Security 2012, the Security Technician Certification program was launched. An ASIAL industry initiative, the professional recognition program covers alarms, access control and CCTV. For more information turn to page 20 or visit www.securitytechnicancertification.com.au

GUIDELINES FOR THE INSTALLATION AND SERVICING OF SMOKE DETECTORS/SENSORS As a joint initiative between the Australasian Fire and Emergency Service Authorities Council (AFAC) and ASIAL, Guidelines have been released for the installation and servicing of smoke detectors/sensors connected to residential and commercial systems. A guide has been prepared for installers and another for residential properties. Further details can be found on the ASIAL website – www.asial.com.au

SECURITY IN GOVERNMENT 2012 The Security in Government (SIG) Conference 2012 is scheduled from 3 –

insider threat. The Hon Nicola Roxon MP will give

security stream and a physical and personnel security stream to delegates.

5 September at the National

the opening address at the SIG 2012

Convention Centre, Canberra. Hosted

Conference on Tuesday 4 September.

scheduled to be held at Parliament

by the Attorney-General’s Department,

Mr David Irvine AO, Director-General of

House on Tuesday 4 September. Mr

the SIG Conference and Exhibition is

Security, Australian Security

Paul Cave AM, Chairman and Founder

considered one of the premier security

Intelligence Organisation will provide

of BridgeClimb is the keynote dinner

conferences on the annual calendar.

an analysis on Australia’s current

speaker. Mr Cave’s address will look

security and intelligence operating

at the security challenges he

environment.

overcame to achieve success.

The theme for SIG 2012 is Building a Security Culture. The program will look at the Government’s security arrangements; explore policies, plans, procedures and better practice to enhance a security culture that protects business outcomes for industry and government.The program will also cover key threats posed to national security, including cyber espionage and the trusted

10 //SECURITY INSIDER AUG/SEP 2012

On Wednesday 5 September the SIG 2012 program will offer a cyber-

The SIG 2012 Gala dinner is

To register for the SIG 2012 Conference visit www.ag.gov.au/sig


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 11

INDUSTRY NeWS

AWARD WEEKLY WAGE INCREASE 2012 Arising from the Annual Wage review Fair Work Australia has made determinations increasing rates of pay

Award 2010 – Armoured Car

Ombudsman which contain

employees

transitional increases to the base rate

• Commercial Sales Award 2010 –

in Modern Awards of 2.9% wage

Sales representatives, BDMs,

increase. Expense related allowances

Account Managers etc

have also been increased. Other allowances will increase relative to the provisions in the applicable award.

• Clerks Private Sector Award 2010 – Administration and Support staff • Manufacturing and Associated

of pay where applicable for each state and territory. To request a copy of the pay rates schedule email security@asial.com.au. For some employers, the transitional provisions will lead to a

These increases will commence

Industries and Occupations Award

change in percentage pay rates

from the first full pay period on or after

2010 – making, assembling and or

particularly relating to shiftwork

1 July 2012.

installing security equipment e.g.

penalties. Members wishing to

screens, bollards, gates and grills

determine shift rates for span loadings

All modern awards covering

can visit www.fwo.gov.au/pay or

employee classifications in the security industry are affected.These

ASIAL Members requiring information

contact ASIAL on (02) 8425 4318 or

include:

or advice on any award or employee

FWA on 131394.

• Security Services Industry Award

relations matter can contact Chris

2010 – security officers and

Delaney, ASIAL’s industrial Relations

monitoring centre operators

Advisor on (02) 8425 4318 or email

• Electrical Electronic and Communications Contracting

ir@asial.com.au Members covered by the Security

Industry Award 2010 – Alarm,

Services Industry Award 2010 can

CCTV and Cabling

access rate schedules that have been

• Transport Industry Cash in Transit

checked and verified by the Fair Work

SECURITY INSIDER AUG/SEP 2012// 11


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 12

INDUSTRY NeWS

QLD – COMPLIANCE AUDITS Amendments to the Security Providers Act 1993, which came into effect in February 2011, provided a role for peak security industry bodies to take on a compliance role to assist the Office of FairTrading in its regulation of the private security industry in Queensland. Over the coming month ASIAL will write to all members operating in QLD to explain how it will operate and manage its audit process. As a condition of approval as an Approved Security Industry Association, ASIAL must assess compliance by members of the Code at least once every 3 years.

2013 AUSTRALIAN SECURITY INDUSTRY AWARDS FOR EXCELLENCE Nominations will open shortly for the 2013 Australian Security Industry Awards for Excellence. Award categories include: Individual • Individual Achievement – General Security • Individual Achievement – Technical Security • Security Student of the Year

12 //SECURITY INSIDER AUG/SEP 2012

Organisational • Security Management • In-House SecurityTeam • Training • Integrated Security Solution (projects above $250,000) • Technical Security Solution (projects below $250,000) To request a copy of the nomination guidelines please email events@asial.com.au

ISS AND BARCLAYS ANNOUNCE NEW GLOBAL FACILITY MANAGEMENT PARTNERSHIP ISS has announced a new partnership with Barclays Bank that will see it oversee and deliver facilities management services to the bank’s operations in the UK, Europe, the Americas, Asia Pacific and the Middle East.This new partnership will deliver an integrated facilities management platform across Barclays’ locations in these key regions. Barclays will become one of the largest global customers of ISS.


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 13


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 14

INDUSTRY NeWS

CROWD CONTROL TRAINING WITH A DIFFERENCE

Mounted security is an integral part of the Australian Turf Club’s (ATC) security planning for events and race days.The horses and licensed riders play an active function in crowd control and offender management.To enhance this operational function the ATC delivered a combined training session with key personnel from their security manpower provider, Australian Concert & Entertainment Security (ACES).This was the first time that the majority of the ACES personnel had ever been ‘up close and personal’ with the security horses and although there was some trepidation initially, the training was extremely effective and well received

by the participants. ACES Security Operations Manager, Chris Kocovski said:“The experience and hands-on approach of the ATC instructors made the training a resounding success and operationally very beneficial for our staff”. The training included: • Demonstration of equine crowd control techniques • Equine familiarisation and behaviours • Safety awareness when operating with mounted staff • Introduction to physical interaction with Mounted Security • Equine crowd control / offender management

• Scenario based offender management Mounted security are deployed during race days at the four ATC Sydney racecourses and at major events such as the Future Music Festival and most recently at the Byron Bay based Splendor in the Grass, where the mounted security operated in conjunction with the ISEC Group. The ATC Mounted Security was awarded the Highly Commended accolade in the category of Special Security Event or Project at the ASIAL 2012 National Awards for Excellence that was held on held in Melbourne on the 3rd May 2012.

ACT–PORTABLE LONG SERVICE LEAVE SCHEME The ACT Legislative Assembly has passed legislation requiring employers to contribute to a portable long service leave for security employees.The new scheme will come into effect on 1 January 2013 with the first installments to be paid into the fund in March 2013.

14 //SECURITY INSIDER AUG/SEP 2012

In brief: • Applies to all security manpower employees (by license category) in ACT. • Paid quarterly into fund • Scheme pays for LSL (pro rata) when taken


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

9:55 PM

Page 15


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

11:12 PM

Page 16

INDUSTRY NeWS

NSW SECURITY INDUSTRY AMENDMENT BILL The Security Amendment Bill was Assented by the Governor on Monday 25th June 2012, but most of the changes, including the abolition of provisional licensing and mandatory association membership, do not come into effect until 1 November 2012. Primary References

Commencement date

Major Changes to the Security Industry Act

Amendment Bill

Explanatory Note

25 June 2012

Restore the Commissioner of Police’s powers to regulate security industry training.

Page 5 (s.6A)

Page 4

Introduce new subclasses of Master licences.

Page 6 (s.10)

Page 5

Change the authority of Master licences to the provision of licensed persons (i.e. employees and subcontractors) to carry on security activities.

Multiple

Page 5

Abolish Class 1G licences (retail loss prevention activities to be authorised by Class 1A licences)

Page 7 (s.11)

Page 6

Abolish Class 2E and 2F licences and incorporate related security activities within the authority of Class 2C licences.

Page 7 (s.12)

Page 6

Abolish Provisional licences.

Page 7 (s.12A)

Page 3

Abolish the requirement for licence applicants to provide written references.

Page 7 (s.14) -

Introduce licence renewals.

Page 9 (s.17) -

Page 4

Introduce a requirement that Class 1 and Class 2 licensees must, if so directed, satisfactorily complete training, assessment and/or instruction to ensure their continued knowledge and competency.

Page 12 (s.21A)

Page 7

Introduce conditional Class 1 licences for new or returning entrants to the manpower sector.

Page 13 (s.23E)

Page 3

Introduce incentives for licensees to apply for a replacement licence within 14 days of reporting their licence lost, damaged, etc.

Page 16 (s.35 and s.36)

Page 7

Introduce subcontracting restrictions and disclosure requirements.

Page 16 (s.38A)

Page 5

Provide necessary powers to NSW Police Force enforcement officers.

Pages 19 - 22

Page 3

Introduce permits for Master licensees needing to temporarily provide more persons than are authorised by their licence.

Page 23 (s.40A)

Page 5

Page 23 (s.43A)

Page 7

Pages 24 - 26

Abolish the Security Industry Council Convert licences impacted by changes to licence classes.

1 Nov 2012

1

✓ ✓

✓ ✓

The Security Industry Amendment Bill 2012 also makes changes to the Firearms Act 1996 (see pages 28 - 31 of the Amendment Bill and page 8 of the Explanatory Note). 1Retrospective to 1 July 2011. Source: Security Licensing and Enforcement Directorate.

16 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

11:12 PM

Page 17


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

11:12 PM

Page 18

INDUSTRY NeWS

67% OF AUSTRALIAN RESIDENTS SUPPORT COMMUNITY SURVEILLANCE According to the ADT Security Secure Homes report which surveyed 2000 homeowners and renters in both metropolitan and regional Australia, 67% of Australian residents feel that security cameras are an effective crime deterrent in the community. Of those surveyed, 23% believe that crime is a problem in their local area with 30% reporting that they had been the victim of a break-in. Michael Bates, National Sales Manager, Residential and Small Business, with ADT Security said: “Crime remains a major concern for Australian residents who want to make sure every measure possible is taken to increase their safety.

Community and public surveillance has received much attention recently with critics debating whether public video surveillance is an imposition on privacy. However, our research shows that most residents are in favour of community surveillance with many citing they would like local councils to increase security in public areas such as parks, shopping areas and other community facilities.” In recent years, law enforcement agencies in the US and many European countries have been turning to CCTV surveillance to enhance public security. It is also an emerging tool for law enforcement and security agencies in Australia.

WA–CHANGE OF ADDRESS FOR WA REGULATOR The Licensing Enforcement Division of Firearms, Security, Secondhand Dealers and Pawnbrokers has moved to the Mason Bird Building, 303 Sevenoaks Street, Cannington 6107 (Postal Address: Locked Bag 9 East Perth 6892). The contact telephone number is 1300 171 011.

Our fees are low to help you retire on a high. ‘I don’t want to see my retirement savings eaten away by high fees.’ Michael, AustralianSuper member.

AustralianSuper looks after more than $42 billion, for over 1.8 million everyday Australians.

To join, call 1300 300 273 or go to www.australiansuper.com It’s Australian. And it’s super. Prepared in October 2011 by AustralianSuper Pty Ltd ABN 94 006 457 987 AFSL 233788 the Trustee of AustralianSuper ABN 65 714 394 898. Consider whether AustralianSuper is appropriate for you. Read our Product Disclosure Statement, available at www.australiansuper.com/FormsPublications or by calling 1300 300 273, before making a decision about AustralianSuper. Statements made by AustralianSuper members in this brochure have been reproduced with the members’ consent, which has not been withdrawn at the date of this publication. Investment returns are not guaranteed as all investments carry some risk. Past performance gives no indication of future returns. ‘Industry Superfund’ logo used with permission of Industry Fund Services (IFS). This consent has not been withdrawn as at the date of this publication. AUSS 32976

18 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

11:12 PM

Page 19

SUPERANNUATION

HELPINGYOU MANAGEYOUR SUPER Many employers find superannuation a tricky part of their business. Fortunately, AustralianSuper has a number of super help options for participating employers. To help you work your way through your super obligations, AustralianSuper has a number of help options.This is especially important in the next 12 months as the Government’s proposed Stronger Super reforms will affect the way you manage super in your workplace. • AustralianSuper has an experienced account management team that covers all states and territories. Depending on how many AustralianSuper employees you have, you may be assigned an AustralianSuper contact to help you with your super administration. • If you’re a new employer, or you need to check your processes, visit our website at www.australiansuper.com/employers for a step-by-step look at your

super obligations and entitlements. Look for ourYour super obligations fact sheet which can help you calculate your SG obligations. • We make superannuation administration as simple as possible by offering you electronic payment options. Visit www.australiansuper.com/Employer Online for details on how you can streamline your monthly contributions process by paying online.You can register to pay online at www.australiansuper.com/Employer Register • For eligible employers, we offer a free clearing house service (conditions apply).The clearing house allows you to make one payment for your non-

AustralianSuper members.The rest of the work of distributing the money and details to the correct super fund is done by the clearing house, saving you time and money. You can register for this service at www.australiansuper.com/QuickSu per.

AustralianSuper provides you with the support and the tools you need to help manage your workplace super. See how we can help make a difference to your business by visiting www.australiansuper.com/employers or call us on 1300 300 273 weekdays 8am to 8pm (AEST).

SECURITY INSIDER AUG/SEP 2012// 19


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

11:12 PM

Page 20

SECURITY TECHNICIAN CERTIFICATION

PROFESSIONAL RECOGNITION FOR SECURITY TECHNICIANS The interim findings of a recent industry survey conducted by the Australian Security Industry Association Ltd (ASIAL) has found that 71.2% of employers believe that the quality of training available for security technicians is either satisfactory or in need of improvement. In a similar vein, when asked the question ‘How would you

feedback received by ASIAL from the industry over recent

rate the current availability of qualified security technicians’ the

years calling for action to address the shortfall in qualified

overwhelmingly responses were either satisfactory or poor -

security technicians.

ACT (83.4%); NSW (69.2%); NT (90.9%); SA (61.6%); QLD (75.9%); TAS (69.2%); VIC (63.7%) and WA (73.3%). Encouragingly, responses by employers to the survey also

Following several years of discussion and development, the launch of the SecurityTechnician Certification (STC) program at Security 2012, finally means that security technicians now

revealed a clear commitment to support initiatives to address

have access to a professional recognition program tailored to

the skills shortage in the industry.The majority of employers

meet their needs.

(87.7%) indicated that they would support enrolling new and

An ASIAL initiative, the STC program provides professional

existing staff onto an industry recognised security technician

recognition and an industry recognised career pathway for all

certification program covering electrical principles, security,

technicians working in the security industry.The online training

access control, IP networks, CCTV and structured cabling. A

resources, face-to-face theory and practical assessments are

further 89% would like to see the role performed by security

provided by Integracom Management Group Pty Ltd, a

technicians recognised as a formal trade.

nationally recognised Registered Training Organisation.

The need for industry recognised training was a strong

The STC credential is a three-level technical certification

theme to emerge from the survey, best characterised by the

program for the electronic security industry that covers

following response - “A professional security technician course

alarms, access control, CCTV and IP networks.Through a

is critically needed. As security related technologies grow, this

mixture of self-paced learning, face-to-face theory and

will become even more critical.”

practical assessments at approved assessment centres

The survey responses back up the groundswell of

20 //SECURITY INSIDER AUG/SEP 2012

(based in Adelaide, Brisbane, Melbourne, Sydney and Perth),


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

11:12 PM

Page 21

SECURITY TECHNICIAN CERTIFICATION

participants will be required to demonstrate their knowledge of theory and practical skills.

About the program Designed to provide a career pathway for security technicians, the program is also a proactive initiative to attract and retain skilled workers capable of meeting the future needs of the security industry. Units associated with the program can be recognised as competency based units under the Australian Quality Training Framework. The program incorporates 3 levels of recognition: • Certified Security Technician • Advanced Security Technician • Master Security Technician Starting with the ‘Certified Security Technician’ level, participants will need to complete each certification level before progressing to the next. On successful completion, participants receive: • Certification for a period of 3 years • Listing on a searchable online database to enable customers and employers to validate the currency of their certification • Complimentary badges reflecting the level of certification attained that can be sewn on to work wear • A complimentary subscription to the electronic edition of Security Insider magazine

How the program works Enrolment To enrol, participants are required to provide evidence that they meet the program’s eligibility criteria.This includes: • Name/contact information • Date of birth • Security licence or registration details • Where a licence is not held, a National Police Clearance Certificate is required • Copy of current cabling registration and any

SECURITY INSIDER AUG/SEP 2012// 21


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 22

SECURITY TECHNICIAN CERTIFICATION

endorsements

participant will have to pay for and complete the training

• 2 passport style photos

again), and on successful completion certification is

• Current National Work Health and Safety “white” card

provided for 3 years.

• Agreement to the Code of Practice A one-off non-refundable fee of $95.00+ GST is payable on enrolment.

To retain the Advanced Security Technician credential, recertification is required every three years. Participants need to complete a skills maintenance program and

Certified Security Technician

assessment at a fee of $175.00 + GST (which includes a

Requirements include the successful

further 3 years certification).

completion of the online training and face-to-face theory and/or practical

Master Security Technician

assessments covering:

Requirements include; successful

• Cabling installation practices

completion of an online assessment,

• Intruder alarm installation

demonstrated evidence of a minimum

• CCTV fundamentals

10 years practical technical security experience, evidence

• Telecommunications transmission pathways

of currency of vendor/manufacturer training/certification, membership of a recognised professional industry body

The cost of $760.00 includes: study book/online training; face-to-face theory assessments / practical assessments (a maximum of 2 attempts per assessment is

and a current individual security licence. The cost of $295.00+GST includes online assessment and certification as a Master Security Technician for 3 years.

ASIAL believes that to help develop strategies to address the future workforce development needs of employers in the electronic security sector, an industry-led professional development program is vital. permitted, after which the participant will have to pay for

To retain the Master Security Technician credential,

and complete the training again) and on successful

recertification is required every three years. Participants

completion certification is provided for 3 years.

need to complete a skills maintenance program and

To retain the Certified Security Technician credential, recertification is required every three years. Participants

assessment at a fee of $175.00 + GST (which includes a further 3 years certification).

need to complete a skills maintenance program and assessment at a fee of $175.00 + GST (which includes a

About ASIAL

further 3 years certification).

Developed, funded and administered by ASIAL, the STC program is an ASIAL initiative to address the skills

Advanced Security Technician Requirements include the successful

shortage faced by the electronic security sector. ASIAL is the recognised peak national body for the

completion of the online training and

security industry. With over 3,000 members, ASIAL’s

face-to-face theory covering:

membership represents approximately 85%of the security

• IP Networks

industry in Australia.

• CCTV Advanced

ASIAL is a Cabling Registrar under the Australian

• Access Control

Communications and Media Authority’s Cabling Provider

• Optical Fibre

Rules. Over 5,000 cablers are registered with ASIAL.

• Structured Cabling

ASIAL has long been a strong advocate for the growth and development of the electronic security sector. For

The cost of $650.00 +GST includes: study book/online

close to 20 years the Association has operated a highly

training; face-to-face theory assessments (a maximum of

respected monitoring centre certification program and

2 attempts per assessment is permitted, after which the

has provided strong leadership in the development of

22 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 23

SECURITY TECHNICIAN CERTIFICATION

industry standards. Attracting appropriately skilled workers has always been a priority for electronic security providers. However,

system also provides an excellent platform for remote learning for the many security technicians working in regional and remote areas.

growing competition for workers from other industry sectors means that it is increasingly important that

More information

employers have in place strategies to attract and retain

As a long overdue initiative, the STC program is an

the ‘right’ people. Added to this, technological

important step in providing a nationally recognised

developments such as the rollout of the National

framework for security technicians.You can obtain more

Broadband Network and the emergence of IP-based

information on the STC program as follows:

solutions are driving changes to the skill sets required

Web: www.securitytechniciancertification.com.au.

by security technicians.

Email: info@securitytechniciancertification.com.au

ASIAL believes that to help develop strategies to address the future workforce development needs of

Mail: Security Technician Certification, Security Industry House, 41 Hume Street, Crows Nest, NSW 2065.

employers in the electronic security sector, an industryled professional development program is vital.

About Integracom Management Group Integracom Management Group is a Nationally Registered Training Organisation (RTO) specialising in Telecommunications and Electronic Security Training. The company offers Government funded traineeships for both the telecommunications and security industries. Through well resourced state of the art facilities and highly trained staff, the company is committed to ensuring the currency of its resource materials to ensure the delivery of high quality and professional training. This commitment to quality is manifest in the attention to detail employed in the utilisation of the company’s training centres and in course delivery. Integracom are a prime RTO associated with the National Broadband Network as well as consultants to the Department of Broadband Communications and the Digital Economy (DBCDE). Through its training portfolio covering Telecommunications, Electronic Security and RF integration, the company is able to develop and deliver tailored training packages applicable to an enterprise’s requirements. Using Modular Object-Oriented Dynamic Learning Environment or 'Moodle' as the on line Learning Management System (LMS), the company has developed a full suite of on line training courses. The learning management system allows interactivity between enrolled students as well as instructors and mentors. It also incorporates online simulators to enable students to test out their knowledge in a controlled environment. Integracom recognises the technical ability and experience of technicians already working in the field and use the learning management system to help convert that experience into nationally recognised qualifications. The learning management

SECURITY INSIDER AUG/SEP 2012// 23


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 24

SECURITY 2012 WRAP UP

SECURITY 2012 IN PHOTOS 25-27 JULY | SYDNEY

24 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 25

SECURITY 2012 WRAP UP

ASIAL would like to thank the sponsors of Security 2012.

Platinum Conference Sponsor

Platinum Gala Dinner Sponsor

Cocktail Reception Sponsor

Cocktail Reception Sponsor

Gala Dinner Entertainment Sponsor

SECURITY INSIDER AUG/SEP 2012// 25


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

SECURITY 2012 WRAP UP

26 //SECURITY INSIDER AUG/SEP 2012

10:08 PM

Page 26


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 27


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 28

FAIR WORK OMBUDSMAN

BIG LIFT IN COMPLIANCE, BUT SECURITY FIRMS REPORT

WAGE PRESSURES A

couple of months ago, I

approach that is unethical and

issues, analysis of industry trend

received a letter expressing

unlawful.

information and intelligence from our

concern about how hard it

We tackle this issue in a number of

own inspectors working in the field. Our objective is to challenge

was becoming for security firms to

ways – including litigation and targeted

compete for services because of

compliance campaigns. Each year, we

employers to work toward self-

pressure being applied by clients for

conduct up to 7000 random, or spot,

compliance and to voluntarily correct

manpower rates as much as 20 per

audits around the country – and in the

problems that we identify. At the end

cent or more below cost.

past 12 months we have looked at the

of each campaign, we publicly release

security, cleaning, retail and clerical

a report on our findings and we regard

sectors.

these reports as both educative and

The writer went on to raise the alarm that most sub-contractors did not have public liability or personal

In selecting campaigns and audit

compliance opportunities in themselves.

insurance, were not registered for GST,

programs, the Fair Work Ombudsman

superannuation or workers’

(FWO) targets industries where

compensation – and that

problems exist (high complaint rates

page report on the findings of a

underpayment of minimum wages and

and high violations) and where

second National Security Industry

casualisation of permanent positions

workers are unlikely to complain due

Campaign conducted in 2011 as a

to avoid on-costs was widespread.

to their vulnerable status (low

follow-up to work we had undertaken

complaint rates and high violations).

in 2009.

Essentially, what the author was canvassing with me is behaviour that,

To decide which industry sectors to

In May, the FWO released a 30-plus

In this column, I would like to

in the United States for example, is

target, the FWO scans the environment

explore the background to the original

described as “wage theft”!

and conducts a detailed complaints

campaign and share the results of the

analysis using – among other things -

most recent findings, which to our

“serious non-compliance” to describe

a strategic matrix, a review of

great pleasure, revealed a significant

deliberate, systematic avoidance of

campaign reports to identify complaint

increase in compliance.

workplace relations laws by people

rates and trends, a review of the media

who adopt a business model or

to identify current and emerging

Within my Branch, I use the term

28 //SECURITY INSIDER AUG/SEP 2012

An analysis of the FWO data base shows that from January 1, 2009 to


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 29

FAIR WORK OMBUDSMAN

December 31, 2010, we received complaints against 138 security companies throughout Australia. As a result of investigations by Fair Work inspectors, monetary contraventions were identified which resulted in a total of $296,919 being reimbursed to staff who had been underpaid. A state by state breakdown of these underpayments shows that $131,169 was returned to workers in NSW, $92,099 to employees in Victoria, $37,595 to workers in Queensland, $18,154 to workers in South Australia, $12,494 to workers in Western Australia, $3,230 to workers in Tasmania, $1,571 to workers in the ACT and $607 to workers in the Northern Territory.

Our objective is to challenge employers to work toward selfcompliance and to voluntarily correct problems that we identify.�

In March, 2010, the Fair Work Ombudsman published the findings of

Steve Ronson

a national campaign conducted in the security industry during 2009 – and the results disclosed a sector struggling to comply with Commonwealth workplace relations laws. Of 302 audits undertaken in 2009, we found only 143 employers, or 47 per cent, to be compliant. Of the 159 employers who were non-compliant, we identified a total of 289 contraventions. There were 91 monetary contraventions which saw us recover a total of $1.125 million back-pay for 1156 employees around the country who had been short-changed.This comprised $347,485 for workers in NSW, $251,253 for workers in Victoria, $240,772 for workers in Western Australia, $80,365 for workers in Tasmania, $71,662 for workers in the ACT, $47,197 for workers in South Australia, $46,961 for workers in the Northern Territory and $39,627 for workers in Queensland. After identifying this low-level of compliance, the Fair Work

SECURITY INSIDER AUG/SEP 2012// 29


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 30

FAIR WORK OMBUDSMAN

Ombudsman called for leadership

The average amount of money

understanding by employers of their

from the security industry to

recovered per audit in 2009 was $3726,

obligations. However, there are a small

dramatically improve its compliance,

but in 2011 this decreased to $1408.

number where we may consider

noting that the task of driving

In all, a total of 155 contraventions

enforcement action. The survival of security businesses

behavioural change was not a job for

were identified in the 2011 campaign –

this Agency alone.

56 (36 per cent) relating to

is dependent on the ability of the

underpayment of wages, 38 (24 per

business to be competitive and win

Ombudsman provided funding to the

cent) related to payslip issues and

contracts. However, it seems some

Australian Security Industry

time and wages record-keeping

employers are prepared to ignore their

Association in 2010 under its $2.5

requirements and 28 (18 per cent)

workplace obligations in an attempt to

million shared Industry Assistance

related to penalty rates.

win contracts.

Subsequently, the Fair Work

Program (SIAP) to assist employers to better understand their workplace

At the time of writing, 42 companies remain under investigation.

While I welcome the improvement in compliance, the results of the 2011 campaign still indicate a need for

obligations. In the latest campaign, Inspectors

ongoing education and intervention in

for employers with information on the

found:

the security industry with businesses

National Employment Standards,

• 15 employers who had monetary

reporting pressure to quote for

The Association produced a guide

classifications, hours of work, breaks,

breaches in 2009 amounting to a

tenders at rates below minimum

shift work penalties, overtime,

total of $187,146 recorded

entitlements.

employment status, employee records

underpayment breaches in 2011

and payslips and rates of pay.

resulting in back-payments totalling

Ombudsman is to promote

$87,402.

harmonious, productive, co-operative

ASIAL also ran seminars in Hobart,

The role of the Fair Work

workplace relations.

Brisbane, Melbourne, Adelaide, Perth,

• Seven employers who had payslip

Sydney and Canberra for almost 300

and record-keeping breaches in

participants.

2009 recorded underpayment

collaborative nature of our partnerships

breaches in 2011 requiring them to

with employer organisations such as

back-pay staff a total of $83,094.

ASIAL in increasing awareness of

In May, 2011, we commenced a second round of audits in the security

We place great importance on the

workplace obligations.

industry as a follow-up to the 2009

• Thirteen employers found to be

campaign - and found the level of

compliant in 2009 recorded

compliance had risen from 47 per

monetary breaches in 2011 requiring

aimed at ensuring the playing field is

cent to 75 per cent.That is a fantastic

back-payments to staff totalling

level by improving fairness and

improvement and indicates that our

$60,000.

compliance in the workplace, and we

pro-active auditing work is achieving the desired outcomes. Fair Work inspectors audited 392 employers and found 295 were compliant. Ninety seven employers

The majority of our work is directly

• Six employers with underpayments

are committed to achieving this. Our

totalling $11,139 in 2009 recorded

approach is to ensure that industries

payslip and record-keeping breaches

know their responsibilities more than

in 2011, and

ever before and to give practical help

• Seven employers found to be

to implement these responsibilities. A reminder that we have a tailored

were identified as non-compliant, with

compliant in 2009 recorded payslip

36 per cent of breaches relating to

and record keeping breaches in 2011.

industry page devoted to information

underpayment of wages, and a total of

The highest overall contravention

on the security sector on our website

$427,000 has been recouped for 658

rate was recorded in Tasmania, where

at www.fairwork.gov.au. In addition,

employees Australia-wide. NSW

42 per cent had some form of breach.

you can call our Infoline on 13 13 94

recorded the highest recovery of

Then followed the NT with 37 per cent

on weekdays, follow us on Twitter and

$140,093, representing almost 33 per

non-compliance, NSW and the ACT 33

Facebook and sign up to a regular e-

cent of the total.Then followed Victoria

per cent each, SA 32 per cent, Victoria

newsletter.

with $134,336, SA with $52,595, NT

and Queensland 22 per cent each and

with $38,835, Queensland with

WA 7 per cent.

$32,870, WA with $25,545 and

The Fair Work Ombudsman

Steve Ronson, Executive-Director Dispute

Tasmania with $2886.There were no

considers that most contraventions

Resolution & Compliance

underpayments in the ACT.

were the result of a lack of

Fair Work Ombudsman

30 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:08 PM

Page 31


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

32 //SECURITY INSIDER AUG/SEP 2012

10:08 PM

Page 32


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 33

SECURITY INSIDER AUG/SEP 2012// 33


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

34 //SECURITY INSIDER AUG/SEP 2012

10:09 PM

Page 34


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 35

SECURITY INSIDER AUG/SEP 2012// 35


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

36 //SECURITY INSIDER AUG/SEP 2012

10:09 PM

Page 36


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 37


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 38

PROTECTIVE SECURITY POLICY FRAMEWORK

PUTTING THE PSPF PUZZLE TOGETHER By Mark Bezzina, Konrad Buczynski and Dr Georgia Lysaght.

Brief background and history of the PSPF In June 2010, the Directive on the security of Government business was issued by the Commonwealth AttorneyGeneral,The Hon Robert McCelland MP.The Directive states: The Australian Government takes appropriate measures to protect its people, information and assets, at home and overseas. How the Government protects its people, information and assets is critical to effective engagement with the Australian people.The Protective Security Policy Framework is designed to help agencies: • identify their individual levels of security risk tolerance;

Why the PSPF is important The PSPF provides relevant security managers and other stakeholders with a framework that requires them to design, implement and continually improve their security program. In defining the practice areas/domains within which security is managed, the PSPF adopts a pragmatic approach that regards IT security as a function of information and physical security. It thus identifies and addresses at least one concern of convergence by recognising that information security is far broader than electronic data confidentiality, integrity, and availability.The implications here are particularly pertinent for Chief Information Officers (CIOs), Information Technology Security Advisors (ITSAs)

38 //SECURITY INSIDER AUG/SEP 2012

• achieve the mandatory requirements for protective security expected by Government; and • develop an appropriate security culture to securely meet their business goals. Maintained by the Commonwealth Attorney-General’s Department (AGD), the PSPF replaces the Protective Security Manual (PSM- although the Classified PSM (CPSM) remains extant).The trajectory of the PSPF extends beyond prescriptive security compliance towards an approach that is decidedly risk based.

and Agency Security Advisors (ASAs) alike.

What does the PSPF mean to Government? The PSPF maps a baseline for organisations that fall under its jurisdiction and ensures a common planning approach to security management whilst providing for divergence stemming from local conditions and organisational imperatives.The subsequent propensity for commonality, benchmarking, reporting, and riskbased planning is significantly improved. While the protective security policies for each agency will inevitably differ, depending upon the range of

business and security risks, the minimum security requirements are mandatory for all agencies. Compliance with mandatory requirements provides the requisite assurance for secure information sharing across Government. The Framework supports agencies in implementing the Government’s protective security policy. Protective security is a combination of procedural, physical, personnel, and information security measures designed to provide Government information, functions, resources, employees and clients with protection against security threats. The Government requires agency heads to have in place effective protective security programs that


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 39

PROTECTIVE SECURITY POLICY FRAMEWORK

ensure: 1 Their respective agency’s capacity to function; 2. The safety of those employed to carry out the functions of Government and those who are clients of Government; 3. The public’s confidence in the Government and its agencies; and 4. Official resources and information the agency holds on trust, both from and for the public, and those provided in confidence by other countries, agencies and organisations, are safeguarded.

What does the PSPF cover? The PSPF is comprised of 33 elements and 177 single requirements. The section below provides an overview of the PSPF elements. Please note that this is only a high level summary and readers are advised to go to the excellent source documents available at the http://www.protectivesecurity.gov.au website. Additionally, the content of the PSPF has been slightly modified in the below section to cater for implementation within private industry. The PSPF has 13 governance elements that cover the high-level systemic aspects of effective security. In summary the following elements fall under governance: 1. Security information and training 2. Senior management support 3. Clear management responsibility for security 4. Security planning 5. Security policy and procedures 6. Risk management 7. Internal assessment and reporting 8. Investigation of incidents and corrective action 9. Meeting legal requirements 10. Meeting requirements in agreements

11.

Resilience and business continuity management 12. Contractor management 13. Fraud and financial controls The PSPF has 6 personnel security elements that ensure only appropriate people have access to classified information or important assets. In summary, the personnel security elements cover: 1. Employee clearance vetting 2. The need for roles to have defined security clearance levels 3. Maintenance of a register of cleared staff and roles 4. Security clearances must be sponsored 5. The Australian Government Personnel Security Protocol should be followed 6. Changes in circumstances for cleared staff should be monitored The PSPF has 7 information security elements to ensure the integrity of availability and confidentiality of information irrespective of its media. In summary, the information security elements cover: 1. Information security planning and policies 2. Framework to provide direction and coordinated management of information

security Policies and procedures for the security classification and control of information assets 4. ICT systems and network tasks managed securely and consistently 5. Risk based controls and access processes 6. Security measures at all stages of ICT system development and implementation 7. ICT systems meet legal requirements The PSPF has 7 physical security elements that ensure unauthorised people cannot access important assets. In summary, the physical security elements cover: 1. Physical security policy and planning 2. Physical security policies and procedures 3. Protective security in facility selection and modification 4. Physical security must meet relevant employer occupational health and safety obligations 5. Duty of care for members of the public 6. Implement measures that address the risk of ICT equipment and information 3.

SECURITY INSIDER AUG/SEP 2012// 39


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 40

PROTECTIVE SECURITY POLICY FRAMEWORK

being made inoperable or otherwise misused 7. Plans and procedures to move up to heightened security levels in emergencies Additionally, the following protocols and guides support the PSPF: 1. Australian Government personnel security management protocol • Agency personnel security guidelines • Security clearance subject guidelines • Procedural fairness guidelines • Reporting changes in personal circumstances guidelines • Contact reporting guidelines • Personnel security practitioners guidelines • Personnel security adjudicative guidelines 2. Australian Government information security management protocol • Australian Government security classification system • Protectively marking and handling sensitive and security classified information • Agency cyber security responsibilities when transacting online with the public 3. Australian Government physical security management protocol • Security zones and risk mitigation control measures • Working away from the office • Physical security of ICT equipment, systems and facilities • Event security

Why is this important for your organisation? It is essential that you achieve and maintain compliance with the PSPF if you deal with the Australian Government and are expected to adhere to sections of, or indeed, the entire Framework. Nothing says ‘trusted partner’ more than an organisation that makes the effort to treat security management seriously.This can have an enormous impact on capability, reputation and ultimately, success in

40 //SECURITY INSIDER AUG/SEP 2012

winning future Government opportunities. Achieving compliance with the PSPF requires an investment, and not one that is singularly financial. Leadership is undeniably the most critical component in this process, for a determined executive leadership group will ensure that the requisite sponsorship, resourcing and priority Much like risk management, security must not be considered an afterthought or add-on to projects or indeed everyday initiatives. Security must be embedded in processes, much like work, health and safety is in the contemporary business environment.

How you can incorporate the PSPF into your business In order to incorporate the PSPF into your business you should do the following: • Implement a risk management system • Implement a philosophy of integrating controls • Use the PSPF and related documents as a check list for assessing your security program • Do not underestimate the value of security intelligence and effectively managing the security of people from a vetting and a safety perspective • Consider how you manage and control information in your organisation. Many Australian organisations are weak at classifying and security important information and managing access to that information.

How can you leverage the PSPF to gain more success in working with government? Align your systems to the PSPF to demonstrate that you are adhering to the structure.This will allow ease in communicating your level of security and provide Government clients with

confidence. Aligning with the PSPF will enable easier pre-qualification and will also enable you to easily show the level of compliance of your systems when you put forward tenders for projects. There are sections in the PSPF that deal with contractors and outsourcing. If you do not comply you will not get work.

Final thoughts The PSPF takes an integrated risk based and all hazards approach to building resilience in your business. Employing the range of tools and techniques detailed in the PSPF can facilitate the development of highly efficient security systems.This will also ensure that you do not over or under engineer security in your organisation. The PSPF is the only reputable authoritative existing bench-mark of security systems. It provides a basis to give your board, shareholders and other important stakeholders comfort that your security system is effective.To purchase a framework similar to the PSPF would prove excessively costly particularly as the Government has extended significant levels of investment into the development of this tool. Additionally, the PSPF builds on the PSM and ISM that have been long established and tested frameworks. The PSPF is cognisant of national and international standards so your security system will be well aligned with not just best practice here in Australia, but also internationally. In implementing the PSPF your organisation will be more robust and will be able to withstand a number of potential disruptions and challenges leading to greater sustainability.

Article by Agilient Pty Ltd (www.agilient.com.au) Authors: Mr Mark Bezzina; Mr Konrad Buczynski, CPP, CPRM; and Dr Georgia Lysaght.


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 41


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 42

IR ADVICE & SUPPORT

SHAM CONTRACTING

EMPLOYERS NEEDTO ENSURE BONA FIDE RELATIONSHIPS By Chris Delaney

We recently came across a member who had paid thousands for advice and a draft Enterprise Bargaining Agreement - had they have called us we could have saved them thousands of dollars to do the same work. Subcontracting, pyramid subcontracting and using independent contractors in the private security industry may have the potential to expose many principal contractors to actions for underpayment of wages, remedies for alleged unfair dismissal and/or contracts being overturned by Courts determining them to be “unfair”. Although subcontracting is a legitimate form of work arrangement that is primarily commercial and should be conducted in accordance with the law, unfortunately a significant number of subcontracting arrangements have been entered into as a means of avoiding various responsibilities under employment and taxation laws.These arrangements are termed “sham contracting” and are unlawful and expose the parties to prosecution, fines and claim for failure to provide minimum rates of pay and conditions. Both the Fair Work Ombudsman and the ATO have made it clear that in 2012 they will pursue employers for sham contracting.

42 //SECURITY INSIDER AUG/SEP 2012

And from November 2012, as a result of amendments to the Security Industry Act 1997 (NSW), a master license holder (principal) may face penalties (of up to $22,000.00) if they sub contract the work without the client expressly agreeing in a contract and the principal provides the client with the particulars of any sub contractor engaged to do the work.The same applies to a sub contractor further subcontracting the work. Subcontracting in the Private Security industry typically refers to the situation in which a head contractor allocates responsibility for a particular aspect of the work to be done to a specialist supplier of security services. It usually involves the following arrangements: • subcontracting businesses that employ workers under an award or workplace agreement covering wages and conditions and subcontracting to others when needed; • self-employed individual subcontractors who seek work independently (independent subcontractors); or • self-employed individual subcontractors who seek work


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 43

IR ADVICE & SUPPORT

through employment agencies. The Independent Contractors Act 2006 and the Fair Work Act 2009 protect the status of independent contractors by freeing them from the constraints of industrial and employment laws. Employers need to be careful to avoid entering into sham contracting arrangements with their workers. Subcontracting should not be a substitute for direct employment but a genuine commercial arrangement to supplement and compliment the direct workforce. The status of contractors, while the subject of many legal decisions, still remains a matter of each arrangement determined on its individual merits. However, employers need to be aware that the Fair Work Act 2009 and the Independent Contractors Act 2006, have made it easier for the FWO and the ATO to prosecute them for sham contracting.

Benefits and risks of engaging contractors For many SMEs, using contractors rather than employees may seem an attractive option because it can reduce costs, increase flexibility, avoid the cost of superannuation contributions, PAYG withholding tax, workers compensation premiums, annual leave, personal/carer's leave, long service leave, notice of termination, redundancy pay or minimum wages in modern awards. Attractive as this may seem, having these arrangements deemed to be shams (which many may well be), places the employer at significant risk of prosecution, including: • Prosecution by the FWO for sham contracting and breach of modern awards and National Employment Standards, which can incur penalties of up to $33,000 per breach for a company and $6,600 for an individual • Prosecution by the ATO for unpaid superannuation contributions and PAYG taxation • Unfair dismissal and adverse action claims from a dismissed Worker Many of the arrangements that exist with “ABN holders” in the security industry are potentially sham contracting arrangements.

Sham contracting The FWO will investigate the conditions of employment of a worker, engaged as a contractor, if the indicate lower rates of pay and/or reduced conditions available to an employee performing the same work.The employee will, most likely, be covered by a Modern award and the minimum National Employment Standards or, alternatively a collective workplace agreement. If the arrangement between the parties, has been created to look like a real commercial arrangement, but in essence is typical relationship between an employer and their employee, it will be treated as a “sham

“Clients of security providers will need to be more aware of their exposure to prosecution for being involved in the contraventions of their security provider.” contract. Often these arrangements involve, among other things, an ABN, a so called contract, and payment upon invoices rather than by wages, all designed to avoid tax, workers compensation, annual leave and a myriad of other costs for the parties. Unfortunately in most instances the sub contractor is the one most disadvantaged.

General Protections of the Fair Work Act and reverse onus Sham contracting is specifically dealt with under the General Protections provisions of the Fair Work Act.Therefore the onus is on the employer to prove that they have not misrepresented a contract of employment as a contract for services under which the worker is treated as a contractor.

SECURITY INSIDER AUG/SEP 2012// 43


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 44

IR ADVICE & SUPPORT

This makes it much easier for the FWO to prosecute employers for sham contracting because they no longer have to prove their case.That burden falls upon employers to prove that they have not engaged in sham contracting. For example in May 2012 the Federal Magistrate’s Court found that a Tasmanian resort operator was trying to avoid paying superannuation contributions, income tax and payroll tax by encouraging employees to become independent contractors. The operator was fined $280,500 for deliberately exploiting workers through sham contracting arrangements, while one of the owners was fined nearly $14,000.The company was also ordered to pay $40,000 for underpaid wages. That decision is one of many that show that the FWO will prosecute both corporations and individuals involved in sham contracting. Liability can fall to anyone who "has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to" the breach.

not just for the principal but also for the client.

There are two important cases currently before the Federal Magistrate’s Court. In these cases the FWO has sought to join Coles Supermarkets to an action against the Starlink group of companies alleged to have been involved in substantial underpayments to employees engaged as subcontractors. Starlink were contracted to five Coles Supermarkets to provide trolley collection services. Starlink then subcontracted a sole trader to provide the services and the sole trader employed the trolley collectors. Coles is vigorously defending its position and the matter is likely to run for several more months before there is an outcome. In the first prosecution FWO claims that there is a total underpayment of wages and entitlements to four employees in the order of $143,000, and the second claims a total underpayment to six employees of around $149,000. The case is important because the FWO claims that Coles knew that under the contracting prices it paid to the Starlink companies, it was not feasible to provide the

In a recent address to employers, Nick Wilson, the Fair Work Ombudsman issued this warning: “Turning a corporately-sanctioned 'blind-eye' to outsourced work that is performed by another enterprise using contractors on below-award rates of pay may expose enterprises up the procurement chain to liability. All parties should undertake due diligence when outsourcing work to contracted workers, particularly to lowest-cost providers, to ensure lower costs are attributable to efficiencies in the business and not due to the potential exploitation of workers on below award rates.” For Security providers this means thinking very carefully about whether their business model should include sub contractors and if so how to ensure that these are bona fide contractors who do not expose the business to litigation. ASIAL recommends that members seeking to enter into subcontracting arrangements seek professional advice to avoid uncertainty and exposure to prosecution. Clients of security providers will need to be more aware of their exposure to prosecution for being involved in the contraventions of their security provider. This means ensuring contracts include provisions that protect the organization, including: • A thorough understanding of the business operations proposed by the contractor; • Determining if the contractor is able to deliver the services within the industrial relations regulations ��� Ensuring no further subcontracting, of any part of the services to be provided; • Insisting on guarantees from service providers in relation to their industrial compliance; and • conducting appropriate audit(s). • using contracting to avoid responsibility for compliance with applicable industrial regulation and liability for noncompliance may not work.

required trolley collecting services without undercutting minimum wage rates. In other words, the allegation is that the client was involved in the contraventions of the employer, despite the fact that it was not itself the employer. The FWO has not accused Coles of sham sub contracting, however do suggest that Coles was knowingly concerned in the breach.This may become an example of how inappropriate use of contracting may result in liability –

make themselves aware of the business operations of the security operator and avoid making decisions solely on price. While there are no restrictions on the price a security business can charge a client, there are minimum costs including statutory entitlements, insurances and licensing which cannot be lawfully avoided.

South Australian Trolley Collectors

ASIAL recommends that clients of security providers

Note: The information provided above is for convenient reference only. ASIAL and Chris Delaney & Associates Pty Ltd provide this information on the basis that it is not to be relied upon in any or all cases, as the circumstances in each matter are specific. Accordingly, we provide this information for general reference only, but we advise you to take no action without prior reference to an Employee Relations professional. ASIAL members can contact Chris Delaney by emailing ir@asial.com.au

44 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 45


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 46

HOT PRODUCTS

Pelco Digital Sentry Network Video Recorder – DSSRV ■ Pelco by Schneider Electric > +612 9125 9310 ■ Email > pelcoaustralia@pelco.com ■ Web > www.pelco.com Flexible IP VMS for mainstream security applications The new Pelco Digital Sentry Network Video Recorder provides all the power you need to maximise HD recording and leverage existing analogue investments. With 280 Mbps bandwidth, support for up to 128 IP streams, increased storage options and built-in reliability, this powerful new platform delivers more HD capability than ever before.The new Pelco Digital Sentry can accommodate up to 64 analogue cameras at D1 resolution and full frame rate. Simplify and optimise your video security platform and choose the new Pelco Digital Sentry as your onestop solution for all the HD and analogue recording power you need.

NEW!

New Tamper Evident Chamber ■ Harcor Security Seals & Bags > +612 9454 4200 ■ Email > sales@harcor.com.au ■ Web > www.harcor.com.au The high level of security, environmental and cost benefits offered, are increasing the popularity of reusable tamper evident bags. Designed specifically to set a new standard in tamper evident security, Harcor has launched the Only Tamper Evident Chamber. We’ve created a range of different TEC chambers to suit the needs of our clients. These chambers all include Harcor’s newly patented “Fracture Safe” design. In addition to the increased security, the new robust chambers continue to provide reliable sealing and easy opening/closing of reusable security bags. For additional information on reusable tamper evident bags or to see a demo of the TEC Chamber please visit www.harcor.com.au

simPRO Field Mobility ■ simPro > 1300 139 467 ■ Email > sales@simpro.com.au ■ Web > www.simpro.com.au Your time is money and your hours are billable. Cut your travel and admin time down by at least 20% per day per person with simPRO Field Mobility. Our range of simPRO Field Mobility options let you and your staff stay connected and keep your entire system up-to-date with real-time overview of the labour, material and equipment costs incurred, the margin you have applied and the invoiced amount. Our SmartPhone version is optimised for phone sized devices such as Android, Windows Mobile, iPhone and devices such as the Datalogic Elf. Get out and about with simPRO Field Mobility and simplify your business processes so you can spend more time making money, not chasing it.

46 //SECURITY INSIDER AUG/SEP 2012


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 47

HOT PRODUCTS

Inner Range Rack Mount Enclosure ■ For more information contact: ■ Web > www.innerrange.com ■ Web > www.centralsd.com.au Inner Range has released a universal Rack Mount Enclosure designed for use with its Concept and Integriti system hardware. Featuring a truly universal design that allows virtually all Inner Range System Controllers or LAN modules to be installed into a 19” rack equipment cabinet without restricting critical access to cabling, termination of connections or access for commissioning and maintenance purposes. Flexible installation options allow the rack mounted drawer to be configured to meet a vast array of specifications, allowing mix & match installation of System Controllers, Universal Expanders, Relay Cards, Access Control Modules, Input Expanders, UniBus Expansion Cards, Multipath Communications Devices and up to 4 Doors of fully Intelligent Access Control. Inner Range Melbourne: www.innerrange.com.

NEW!

Award Winning PANOMERA ■ CR Kennedy > +613 9823 1555 ■ Email > pviggiano@crkennedy.com.au ■ Web > www.crkennedy.com.au/surveillance Dallmeier is famous for creating the world’s largest Casino surveillance systems in places such as Macau and Singapore. Panomera is Dallmeier’s completely new camera technology for surveillance of very large areas. It offers a panoramic overview with realtime HD recording, so can significantly reduce infrastructure requirements. Projects such as Airports, sporting arenas etc previously requiring huge numbers of cameras, can now be covered with Panomera. Unlike Megapixel systems, Panomera uses H.264 encoding to deliver up to 51 megapixels in real time. Panomera won the coveted “CCTV Camera Equipment of the Year” Award at IFSEC 2011.The first showing of Panomera in Australia was at the Security 2012 show.

Smartphone Control for Concept 3000/4000 Systems ■ For more information contact: ■ Web > www.innerrange.com ■ Web > www.centralsd.com.au Inner Range has released a WEB interface kit designed to provide convenient control of Concept Security Systems via any web browser. It is optimized for use on portable smart touchscreen devices such as iPhones, iPads, Android Mobile Devices and Tablet PC's, but can be used on any device with a WEB browser application. Smartphones can be used to remotely control Concept Security Systems from anywhere in the world.There are no additional apps to install or purchase – simply use your devices existing web browser.The user screens are intuitive and provide a simple user-friendly layout that is very easy to use. The Concept WEB interface provides Multi-User login, Arming & Disarming of Security Areas, Locking & Unlocking of Doors, Control of Home Automation Devices and viewing of system reviews events.

NEW!

SECURITY INSIDER AUG/SEP 2012// 47


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 48

HOT PRODUCTS

Adam’s AD11V Metal Detector ■ UniGuard Management & Security > 1300 1333 66 ■ Email > sales@uniguard.com.au ■ Web > www.uniguard.com.au The Adam’s AD11V is a high powered, highly sensitive metal detection unit which comes with standard audio/visual alarm facility, but with the added ability, via a two-position rocker switch, to switch the detector to either standard or discreet mode. This feature has proven very useful when working in a noisy environment or if the operator wishes to conduct a search procedure, while keeping eye-contact with the subject being scanned. The AD11V comes with a 12 month manufacturer warranty and has a 0.1g sensitivity mass. A single 9V alkaline battery should provide with approximately 400 hours of operational time.

Introducing Kenwei’s new Touch Screen Video Intercom Room Station ■ Central Security Distribution > 1300 319 499 ■ Email > enquiries@centralsd.com.au ■ Web > www.centralsd.com.au

NEW!

Compatible with all Kenwei 4 wire Residential and Apartment intercoms, Kenwei’s new 7” touch screen produces an exceptional colour image on up to 8 Video Stations and through its distributor supports up to 4 door stations on one system. Featuring selectable display skins and available in black or white, the 702TC will excite the most stylish customers. Speaking of features; the 702TC boasts date and time display, do not disturb and direct dial to any of the 8 room station. Adding the 36 Event on board memory, programmable tones and 2 independent relay outputs as standard makes this door station an absolute gem.

HF-1 Needle-Proof Kevlar Metal Detection Gloves ■ UniGuard Management & Security > 1300 133 366 ■ Email > sales@uniguard.com.au ■ Web > www.uniguard.com.au HF–1 gloves give the operator the ability to have hands free metal detection with the protection of Kevlar.This gives the wearer added protection from hypodermic needles, knives and razor blades. They are light weight and comfortable to wear as well as being easy to use with no adjustments necessary for use. Just switch on and they are ready to go. Available as a pair or singularly. Product Specifications: Sizes: L, XL, XXL,Weight: 149g (approx), Battery: Standard 9V Alkaline, Battery Life: 400 hours, Sensitivity: 0.5g, Warranty: 12 month manufacturer warranty.

48 //SECURITY INSIDER AUG/SEP 2012

NEW!


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 49

ASIAL Certified Security Monitoring Centres*

Current as at: 26 July 2012

Company (short form name)

Australian Security Industry Association Limited

State

Cert. No.

Grade

NSW

366

A1

09 Mar 2013

Allcare Monitoring Services

WA

379

A2

28 Feb 2014

ARM Security

WA

360

A1

10 Mar 2013

ART Security

VIC

356

A1

30 Oct 2012

Calamity Monitoring

NSW

383

A1

20 Mar 2014

Central Monitoring Services

NSW

380

B1

21 Mar 2014

Commonwealth Bank of Australia

NSW

389

A1

24 Sep 2014

Golden Electronics

TAS

355

A1

17 Oct 2012

Grade One Monitoring

NSW

378

A1

13 Feb 2014

Grid Security Services

NSW

381

A1

18 Mar 2014

GSS Asset Management

QLD

385

C2

31 Oct 2012

Instant Security Alarms

QLD

365

A1

29 May 2013

Insurance Australia Limited (operating with Insurance Australia Data Centre)

NSW

377

C1

17 Jan 2014

ISS Security

NSW

373

B3

25 Nov 2013

Linfox Armaguard

VIC

346

A1

08 Aug 2012

Mekina Technologies

TAS

349

A1

16 Aug 2012

NSS Group

NSW

384

A1

07 May 2014

Onwatch

NSW

375

B1

08 Oct 2012

Paul-Tec Australia

NSW

367

A1

28 Feb 2013

Protection Pacific Security

VIC

348

C2

31 July 2012

RAA Security Services

SA

358

A1

12 Dec 2012

Secom Australia

NSW

374

A1

14 Dec 2013

Sectrol Security

VIC

369

B2

19 Aug 2013

ADT Security

Securemonitoring

Expires

VIC

370

A1

23 Nov 2013

NSW

386

A1

04 May 2014

Security Alarm Monitoring Service

SA

387

A1

18 Jun 2014

Security Control Room

VIC

362

A1

06 May 2013

Sesco Security

WA

364

A1

03 Jun 2013

SMC Australia

QLD

372

A1

07 Dec 2013

SMC Australia

VIC

371

A1

16 Dec 2013

SNP Security (Newcastle)

NSW

368

A1

17 Aug 2013

SNP Security (Sydney)

NSW

390

A1

31 May 2013

Spectus

WA

376

A1

28 Dec 2013

State Government Protective Security Service

QLD

388

C1

22 May 2014

Westpac Banking Corporation

NSW

382

A1

19 Mar 2014

Woolworths Limited

NSW

351

C1

04 Nov 2012

Securenet Monitoring Services

*The above-listed ASIAL Certified monitoring centres comprise those establishments that have been inspected and graded for compliance with the applicable Australian Standard: AS 2201.2 – 2004. PLEASE NOTE: ASIAL takes no responsibility for listed companies which may change the nature of their operations subsequent to Certification.

SECURITY INSIDER AUG/SEP 2012// 49


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 50

ASIAL NATIONAL CALENDAR OF EVENTS 2012/2013 AUGUST

OCTOBER

VIC Industry Breakfast Briefing 7.30-9.00am Thursday 23rd August 2012 Quality Hotel Batman's Hill on Collins 623 Collins Street Melbourne 3000 Superintendent Russell Barrett, Licensing Regulation Division (VIC POL)

Security Industry Leadership Program 23-25 October 2012 Macquarie Graduate School of Management Talavera Road (Opposite the M2 - between Herring and Culloden Roads) Macquarie Park NSW 2113

NOVEMBER OCTOBER QLD Breakfast Briefing 7.30-9.00am, 10 October 2012 Niche Event Spaces, Stones Corner, Brisbane

VIC Breakfast Briefing 7.30-9.00am, 23rd November 2012 Quality Hotel Batman's Hill on Collins 623 Collins Street, Melbourne

ACT Breakfast Briefing 7.30-9.00am, 17th October 2012 Belconnen Premier Inn, Canberra

NSW Breakfast Briefing and National AGM 7.30-9.30am, 28th November 2012 Mantra Hotel, Parramatta

SA Breakfast Briefing 7.30-9.00am, 18th October 2012 Sebel Playford Hotel, Adelaide WA Breakfast Briefing 7.30-9.00am, 19 October 2012 Hotel Northbridge, Perth TAS Breakfast Briefing 7.30-9.00am, 19 October 2012 Hobart Function and Convention Centre

2013 Security Industry Leadership Program 19-21 February 2013 Melbourne Business School 200 Leicester Street Carlton VIC 3053 2013 Australian Security Industry Awards for Excellence Nominations open for the 2013 awards on the 1st October 2012 The awards dinner will be held on the 2nd May 2013 at the Park Hyatt Hotel, Melbourne.

To find out more register online www.asial.com.au/eventscourses or email events@asial.com.au


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 51


INSIDER_Aug/Sep 2012 Iss3_52pp

5/8/12

10:09 PM

Page 52


Security Insider Aug/Sep 2012