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06 OCTOBER 2021

The 2021 MGA TMA Annual Report is inside! The 6 things family and privately owned businesses need to know about Cyber Security | Page 10

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Contents 5

CEO Welcome

OUR MISSION

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ACCC authorises payment systems merger after undertaking

The mission of MGA Independent Retailers is to deliver the best possible industry specific business support services to independent grocery, liquor, hardware and associate store members.

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ACCC Chair Rod Sims appointed to International Competition Network Role

8 Department of Home Affairs – Supermarket Task Force – Food Supply and Food Security 9

MGA NATIONAL SUPPORT OFFICE Suite 5, 1 Milton Parade, Malvern, Victoria, 3144 P: 03 9824 4111 • F: 03 9824 4022 admin@mga.asn.au • www.mga.asn.au Freecall: 1800 888 479

RETAILER DIRECTORS Debbie Smith (President): Queensland Grant Hinchcliffe (Vice President): Tasmania Graeme Gough: New South Wales Ripple Parekh: New South Wales Ross Anile: Western Australia Carmel Goldsmith: New South Wales Chris dos Santos: South Australia Lincoln Wymer: Victoria Jeff Harper: Victoria

MGA CHIEF EXECUTIVE OFFICER Jos de Bruin 03 9824 4111 E: jos.debruin@mga.asn.au

CORPORATE PARTNERSHIP & MEDIA SALES Mark Paladino 0417 264 331 E: mark.paladino@mga.asn.au

DESIGN & PRODUCTION Cindi Damian E: cindi@mga.asn.au

FOLLOW US ONLINE www.facebook.com/ MGAIndependentRetailers www.linkedin.com/company/ mga-independent-retailers www.twitter.com/ MasterGrocers

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Invitation to hold Policy Forum Meeting with Federal Small Business Minister Stuart Robert

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Special Tribute to David Burton

10 The 6 things family and privately owned businesses need to know about Cyber Security 12 Pharmacy Guild of Australia partners with MGA Independent Retailers on COVID-19 Vaccination Program 14 COVID-19 Vaccinations in the workplace 16 Sexual Harassment: The Respect@Work Amendments 18 Employees’ General Protections under the Fair Work Act 2009 20 Mitigating underpayments and the risks that follow 22 Are you a Mindful Leader? 23 South Australia - Trading Hours 24 Small Business Resilience in Western Australia 25 Buckleys Supermarket celebrates 40 Years 26 October- National Work Safe Awareness Month 31 Paul Raistrick to takeover Ritchie’s IGA at Latrobe 33 From Zero to Hero: Introducing an exciting new range of zero alcohol wines from Wolf Blass 34 Illicit tobacco: A growing problem for Retailers 36 Victorian Skills Authority 37 Improve customers’ checkout experience with NAB & Slyp Smart Receipts 38 $4M Fire destroys Hamlyn Heights supermarket 40 IGA is set to launch its spectacular Christmas range 41 2021 ANNUAL REPORT » Financial Year 2021 » Benefits of membership » President’s Report » CEO’s Report » MGA TMA Team of Professionals - Meet the team » Finance and Member Engagement » Federal Government - IR Reform Working Groups » Marie Brown MGA’s National Legal Counsel Retires » Industry Stakeholders and Colleagues » Corporate Partners » Legal and IR Team » Industry Training » Advocacy and Industry Representation » 2021 MGA Liquor / Tobacco Annual Report » Marketing & Communications » Member Communications » Industry Community » ACES – Australian Circular Economy Solutions & Sustainable Supermarkets » Timber and Hardware


MGA Corporate Partners DIAMOND

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ASSOCIATE

WAREHOUSE AND BRAND PARTNERS

tasmanian independent retailers


CEO REPORT

CEO Welcome Welcome to the Financial Year 2021 Annual Report edition of the Independent Retailer magazine. This last financial year has been one of the most challenging and frustrating years that our members have experienced across Australia. The COVID-19 Pandemic has wreaked havoc upon the Australian Community at large, none more than small businesses. Fortunately, MGA’s members have been able to trade on as “essential” businesses, providing food and beverages to their local communities during the many months of lockdowns and restrictions.

ON BEHALF OF MGA’S BOARD OF DIRECTORS, WE CONGRATULATE OUR MEMBERS AND ALL INDUSTRY STAKEHOLDERS FOR THEIR RESILIENCE AND TENACITY IN KEEPING DOORS OPEN AND TRADING THROUGH SUCH DIFFICULT TIMES. SINCE BUSHFIRES RAVAGED COMMUNITIES IN LATE 2019 AND INTO EARLY 2020, AND THE COVID-19 PANDEMIC FROM FEBRUARY 2020 ONWARDS, OUR MEMBERS HAVE REINVIGORATED THEIR RELEVANCE AND PRESENCE AS THE “HUBS” WITHIN THEIR COMMUNITIES AND REINFORCED THEMSELVES AS BUSINESSES THAT LOCALS CAN RELY UPON IN UNPRECEDENTED TIMES. Since July of this year, the hardworking MGA Team have been heavily involved in many matters on behalf of our members. MGA TMA has dealt with matters concerning the multitude of red tape and cost burdens, as well as loss of sales in areas such as Illicit and illegal tobacco, Least Cost Routing to decrease merchant card fees, Competition matters such as the Woolworths and PFD acquisition, the Dan Murphy withdrawal from Darwin, deregulation of Trading Hours, Single Use Plastic Item Bans and Container Deposit Legislation. The most time-consuming tasks have involved Industrial Relations reform and the continuous management of COVID-19 restrictions in states and territories. There have been countless meetings to help MGA TMA members avoid over regulation and costly compliance suggestions coming from the Public Health departments in each state.

Industrial Relations has been a priority area of most concern for members. Underpayment of wages by employers continues to be a focus by the Fair Work Ombudsman. The great news is that MGA, together with other Industry associations, has been able to arrive at an unambiguous definition for casual workers and part time workers will now have the flexibility to work additional hours at the ordinary rate of pay. On a more recent note, the light at the end of the tunnel and how we progress, comes in the form of Victoria, New South Wales and the Australian Capital Territory releasing their roadmaps out of lockdown. MGA TMA is a member of many Federal and State Government Business Recovery forums and is pushing for the entire retail industry to be open for business before Christmas. This vision for opening our economy is at risk of not being realised, owing to a lack of national consistency on settings surrounding mandatory vaccinations for retailers, vaccine passports, border closures and much more that leads to confusion for retail and hospitality businesses of all sizes. In the event of Vaccine Passports being brought to life in Australia, MGA TMA has consistently advocated that our members cannot take on the responsibility of checking vaccine passports. We wish to avoid the unnecessary risk of conflict and abuse between staff and customers as more freedoms are made available to double vaccinated customers. This is a time to get ready for the forthcoming Christmas trading – the 2021 Christmas and festive season is promising to be a bumper sales period with the hope of families being able to come together for Christmas celebrations being a real possibility. Good Trading – keep up the great work and best wishes to all members.

Jos de Bruin CEO MGA Independent Retailers

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ACCC authorises payment systems merger after undertaking Each consumer debit card transaction comes at a significant cost unless you as a business can access the eftpos payment gateway which is 40% cheaper to transact. Eftpos is accessible via a least cost routing system. MGA TMA members have found this a frustrating issue to deal with as the big four banks claim ignorance when a member requests Least Cost Routing for their business. MGA TMA was concerned with a proposed merger between three payment platforms that could have risked the survival of eftpos and its current and future plans to provide a cheaper alternative for debit card payments to VISA and Mastercard. After a number of consultations and MGA TMA submissions, on 9 September 2021, the ACCC authorised the proposed merger of BPAY Group Holding Pty Ltd and its subsidiaries (together, BPAY), eftpos Payments Australia Ltd (eftpos) and NPP Australia Ltd (NPPA), after accepting a court-enforceable undertaking offered by the parties. BPAY, eftpos and NPPA each provide payment services to consumers and businesses through their respective payment systems, BPAY, eftpos and the New Payments Platform. “We do not consider that the merger of these parties will substantially lessen competition in any payments market, after taking into account the court-enforceable undertaking,” ACCC Chair, Rod Sims, said.

“The ACCC found that, at a high level, the services of the three companies do not compete closely. We considered a number of potential impacts on competition, including concerns raised by industry participants about the impact of the amalgamation on eftpos’ services and least cost routing.” “Eftpos is important to the availability of least cost routing, as the only current alternative network to the Visa and Mastercard networks through which debit transactions can be routed,” Mr Sims said. “Least cost routing allows merchants to choose the payment scheme that processes transactions when consumers use a dual network debit card. This can help to reduce the fees merchants pay for the processing of debit card payments.” “The ACCC recognises that rapid change is taking place in the sector, but ultimately it was satisfied that, with the undertaking, the amalgamation will not have a significant adverse impact on eftpos’ services or the availability of least cost routing,” Mr Sims said. “The Reserve Bank of Australia, the regulator of payment systems in Australia, will also continue to take action to safeguard the availability of least cost routing.” “Together with the commitments made in the undertaking, the oversight of the Reserve Bank will minimise the risk that eftpos is diminished or that least cost routing will become less available,” Mr Sims said. In the undertaking accepted by the ACCC, the merger parties have committed to ensure that, for a term of four years, eftpos will do everything in its control to make least cost routing available and promote it, to ensure the eftpos payments scheme, and the eftpos card-based issuing and acceptance infrastructure and services are maintained.

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ACCC Chair Rod Sims appointed to International Competition Network Role On 17 September 2021, ACCC Chair, Rod Sims, was confirmed by the steering group of the International Competition Network (ICN) as the new Vice Chair Digital Co-ordination and Asia-Pacific Liaison. The undertaking also requires the merger parties to ensure that eftpos and NPPA develop and make available a set of Prescribed Services within agreed timeframes. These Prescribed Services include fraud prevention measures, and technical developments that will allow online and in-app payments to be made using eftpos debit cards. The merger parties have also committed to ensuring that BPAY, eftpos and NPPA agree an industry wide standard supporting payment with QR codes by the end of June 2022. This will be in coordination with Australian Payments Network Limited, Australia’s self-regulatory body and industry association for payments. “We accepted the undertaking because we consider it will help ensure that eftpos will develop and improve its debitbased payment services for point of sale, online and in-app payments,” Mr Sims said. In addition to considering the likely impact of the merger on eftpos and least cost routing, the ACCC also considered the potential for broader competition impacts. The ACCC found that competition between the payment services of eftpos, BPAY and NPPA is marginal, because their core payment services are for different uses and are largely complementary. “The banks have an influential role in deciding what payment services to implement and would be reluctant to support multiple and overlapping payment service initiatives with or without the merger,” Mr Sims said.

Notes Least cost routing refers to the ability for merchants to choose whether payments made using eftpos/Visa or eftpos/Mastercard denominated dual network debit cards, are processed by eftpos; or by Visa or Mastercard, which affects the fees a merchant has to pay.

Rod Sims will focus on co-ordinating ICN projects and discussions about competition in the digital economy and will also act as a liaison between the ICN Steering Group and ICN members in the Asia-Pacific region. “I am very pleased to take on this role. Competition regulators are increasingly dealing with global issues that require global responses, underscoring the importance of the ICN’s work,” Mr Sims said. “Competition authorities around the world have much to discuss and learn from each other as we continue to face the challenges posed by the need to promote competition and good consumer outcomes in many areas of the digital economy.” Mr Sims will work closely with ICN Chair Andreas Mundt, the President of the German Cartel Office (Bundeskartellamt), together with the ICN’s other Vice Chair, Tembinkosi Bonakele, Commissioner of the South African Competition Commission.

Background The ICN is a consensus-based organisation of national and multinational competition law enforcement authorities. It creates opportunities for authorities to work collaboratively to consider and address competition enforcement and policy issues. Australia was a founding member of ICN in 2001 together with thirteen other jurisdictions –Canada, European Union, France, Germany, Israel, Italy, Japan, Korea, Mexico, South Africa, United Kingdom, United States, and Zambia. The ICN now has over one hundred and twenty member agencies.


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Department of Home Affairs – Supermarket Task Force – Food Supply and Food Security MGA regularly attends the Department of Home Affairs Supermarket Task Force - Food Supply Working Group. This forum was originally commenced by former Minister for Home Affairs, Peter Dutton and has been continued under the auspices of Minister Karen Andrew.

The COVID-19 pandemic has brought with it many challenges in Australia including the risk to the food supply chain. This task force comprises of industry leaders, not only from the agriculture, food processing and manufacturing industries, but so too food retailers and government departments from each state and territory in Australia. The meetings seek to identify areas of concern in each state and territory in regard to “COVID-19” risks associated with the supply of food to grocery and supermarket outlets around Australia. The main topics of conversation have centred around NSW, ACT and Victoria which are, and have been, locked down for long periods of time. The newer COVID-19 Delta variant continues to spread exponentially and continues to further risk supermarket team members being excluded from the workplace owing to close and casual contacts being detected. The Health Departments in each state have been stretched and very slow to advise a business of a case being detected in their business – sometimes taking up to six to seven days. This is not good enough. We cannot afford to isolate and quarantine grocery and supermarket staff for fiurteen days – this is a risk to independent grocers and supermarkets partially or fully closing as they do not have the staff to run the business. NSW Health explained the contact tracing regime is under enormous pressure and currently undergoing a

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restructure to enable faster responses to contact tracing findings. It was stated that any individual traced as having close and casual contact with an infected COVID-19 person is notified personally by text message and advised to immediately get tested and isolate – this does not help a business owner. It was emphasised that the Supermarket sector is one of the safest and lowest risk environments for staff to contract COVID-19 from a customer – in fact there is no recorded case of this occurring. As such it was suggested and discussed that in order to remain viable, members need to be able to keep open and operate their businesses by reducing the risk of staff being away (excluded) from work. It was requested that the state and territory Health Departments send business owners specific information to enable them to immediately identify precisely when, how and where the close and casual contact took place, enabling them to separate those staff members immediately for testing and isolation rather than isolating the entire shift. Testing of at-risk staff must also be quicker so that anyone who has been exposed and tests negative can go back to work.

MGA also raised the question concerning suppliers and their exposure to Covid-19 and how members feel vulnerable to the risk of a food supplier closing down which then risks food supply to that business particularly in the regional areas. The Department takes all these insights very seriously and then works with the states and territories toward a common solution and outcome. This Food Supply Working Group also includes the Australian Food and Grocery Council and National Farmers Federation who have responded by saying that all agri food suppliers from the farmer to the producer and manufacturer have their COVID-19 protocols in place. Transport drivers have mostly been vaccinated, and all is being done to mitigate any risk of not supplying food and groceries to supermarkets. MGA has acknowledged the support of all State and territory Health Departments, particularly the NSW Department of Health for removing the mandatory rapid antigen testing initiative that was due in September and the extension of the vaccination deadlines for workers having to travel outside the LGAs.


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Invitation to hold Policy Forum Meeting with Federal Small Business Minister Stuart Robert The Australian Small Business and Family Enterprise Ombudsman Bruce Billson has invited MGA TMA to attend a Policy Forum to put forward the views of all MGA TMA members concerning the many challenges, issues and matters small business owners face in their day to day business. Bruce has reinvigorated this forum which former ASBFEO Kate Carnell created for the purpose of engagement with the Federal Governments and Regulators when addressing the needs of Small Business owners.

3. ASBFEO priorities: Bruce Billson and the ASBFEO team would like to share his Office’s proposed strategic priorities and receive MGA TMA’s feedback. MGA TMA will let all members know of anything that is derived from this meeting, however we are confident that whatever we raise will be taken seriously by Bruce Billson and his capable team.

The forum which will be held in early December 2021 comprise of three sections: 1. Address the Minister: The Minister is keen to hear directly from MGA TMA members about their priorities and the obstacles and policy concerns impacting their businesses. 2. Reinvigorate the Policy Forum: Bruce Billson and the ASBFEO Team would like to engage more meaningfully with this forum and are interested to hear ideas from MGA TMA members on how to achieve this effectively.

Bruce Billson ASBFEO

Special Tribute to David Burton “It is with heavy hearts that we announce the passing of an industry stalwart, a long-time contributing writer and friend to the independent grocery and supermarket sector, David Burton, on 29 September 2021.” David was well known to the independent supermarket sector, attending conferences, industry expos and regional meetings around Australia. With a background of more than thirty years in FMCG, David developed and maintained a high profile within the industry. David had a passion for families and privately owned independent supermarket operators, admiring how they competed and survived against the relentless challenges thrown up by the two large corporate chains and Aldi, the German Retailer. Many who knew David are aware that he was a hard-working consulting journalist for both Retail World and Convenience World. We thank David for his dedication and commitment to raising the awareness of the independent supermarket sector - you will be greatly missed. source: convenienceworldmagazine.com.au

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Grocery, Supermarkets, Bottleshops, Timber and Hardware Businesses

The 6 things family and privately owned businesses need to know about Cyber Security. MGA TMA members businesses are constantly at risk of being breached by a cyber-attack. It is awful when it happens as it creates unprecedented chaos within a supermarket environment. A store operator loses complete control over the most basic IT applications that are used in the day-to-day operation of a grocery store and supermarket. Members please be warned a cyber-attack will cripple your business – vital point of sale systems, data bases and customer information are at risk if you do not take the appropriate precautions to protect your IT systems and software. Entrepreneurs and SMBs can do a lot to build strong shields and mitigate the risk of breaches, in addition to minimising the damage if a breach occurs. To help your business develop a stronger cybersecurity posture, six security professionals provided some of their most useful advice – and you can bet it is about more than passwords. 1. You are not too small to be targeted: Erik Knight, Founder and CEO of SimpleWAN Many entrepreneurs, start-up founders and small business owners might think of themselves as minnows compared to Fortune 500 whales. They assume they are too small to attract the attention of hackers and cyber attackers. But that is not how bad actors see it.

if you have something worth taking, a hacker will try to take it.” Knight says small businesses are easier targets because they often fail to perform security audits, put in the resources to protect themselves or even carry the right insurance coverage. Hackers see small businesses as easy cases to crack. 2. Think of security as a business problem: Vats Srivatsan, President and COO of ColorTokens

employees, causing them to switch to a more prominent brand name they think can do a better job protecting them,” Srivatsan says. A recent survey showed that 37% of small businesses have lost customers and 17% have lost revenue due to downtime, proving that security should be considered a business problem. 3. It is not “if,” but “when”: Thomas Supercinski, Head of Product Development at Frogslayer

Do not think you are too small to be affected!

Vats Srivatsan, the President and Chief Operating Officer of ColorTokens, warns against thinking of security as a nice-to-have. Security is something that requires 100% investment and effort, not something that can be approached halfway. The truth is that the effects of an attack can be disastrous to any company’s bottom line.

With the growing rate of data breaches, phishing schemes and other cyberattacks emerging from the coronavirus pandemic, members can no longer keep their heads buried in the sand. “It is not a question of if you will have an issue, but when,” says Thomas Supercinski, the Head of Product Development at Frogslayer.

“Do not think you are too small to be affected,” says Erik Knight, the founder and CEO of SimpleWAN. “Every place you have an employee or office is a potential entry point. Take it seriously;

Cybersecurity attacks can result in monetary loss, stolen IPs and downtime. “If a small business were to have a data breach, it could create a lack of trust among customers and

Assume your business will suffer a cyberattack and remember that the detection and response are just as important as prevention efforts. Supercinski says it is vital to outline

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how your business will handle security issues once they occur. He says, “Just like anything else, make a plan to address risks, and then work the plan.” That plan should address how quickly your company can detect the issue, the layers of control to minimise the effects and proactive measures to manage your response. 4. Identify your most critical assets: Tony Buffomante, Senior Vice President and Global Head of Cyber Risk Services for Wipro Ltd. Taking a 100% cybersecurity approach might feel overwhelming to MGA TMA Members and SMB owners, especially because many owners don’t count cybersecurity as a core competency. Tony Buffomante, Senior Vice President and Global Head of Cyber Risk Services at Wipro Ltd., suggests where to start: “Identify your most critical data assets, sometimes referred to as the ‘crown jewels’ of the organisation.” These crown jewels might be your point-of-sale system, proprietary IP, market share, customer data or other assets. “Once you determine what is most important to you, perform an exercise to determine where this information is residing in your business,” Buffomante suggests. Then, build a keep around those assets. You might already have a good starting place. Buffomante says you might be able to lean on embedded security capabilities on the technologies and platforms your company already uses. 5. People are your best asset – and your biggest risk: Rishi Malik, Founder of Backstop.it During the mass exodus out of offices and businesses and into remote work, many companies learned that endpoint users (their employees) can often be the weakest links in a cyber defence strategy. Hackers will look for entry points in employee IoT devices and unsecured home networks. Yet it is not all bad news: People can also be some of the biggest assets when it comes to cybersecurity. Rishi Malik, the founder of Backstop.it, suggests identifying those weak points, providing extra security measures there and educating employees about the risks. “Phishing is your biggest risk, so ensure everyone is using multi-factor authentication (MFA) everywhere,” Malik says. “Then ensure you’re running a virus/malware scan on each computer. Finally, ensure you have backups of all your data nightly.”

Malik also suggests “finding the right people” when it comes to cybersecurity partners. He says, “If you can’t talk deeply about your business and how you make money with a security professional, keep looking.” With educated, comfortable employees and the right partners, your company will be much more resilient to cyber-attacks. 6. Do not forget about physical security: Clay Gervais, Vice President of Sales for Digilock MGA TMA member’s culture around security extends beyond its digital footprint. After all, stolen devices have accounted for some of the biggest data breaches and IP theft. In the healthcare industry alone for example, 68% of data breaches were due to the loss or theft of devices or files. Clay Gervais, the vice president of sales for smart lock company Digilock, says it is important to build a sense of belonging and safety, even as the workplace becomes more agile and perhaps less physical. It is important to properly secure connected devices and other items. Workers who decide to hot desk or hotel will need protected places to store their belongings. “From installation to user access, personal storage security should be simple and robust,” Gervais says. That way, your employees will feel more empowered and confident in the workplace’s security overall. In response to the coronavirus pandemic, MGA TMA member’s businesses and consumers alike have been thinking about what safety means to them. Security is a major investment for all family and small businesses, and it remains critically important as breaches, phishing and other attacks continue to crawl upward in frequency. Uphold the commitment to safety by protecting your company’s crown jewel assets, your employee’s information, and your customer’s data – beyond updating your passwords. Quantum Finance Brokers / Forbes

MGA’s trusted partners are here to help. • Adroit Insurance Risk Advisor - contact 1300 MY ADROIT • GPK Group in Brisbane 1300 000 475

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Pharmacy Guild of Australia partners with MGA Independent Retailers on COVID-19 Vaccination Program. MGA Independent Retailers and the Pharmacy Guild of Australia today announced a groundbreaking industry association partnership, providing MGA TMA members access to the Guild Corporate COVID-19 vaccination program. The program will allow for immediate access to vaccinations for MGA members and their employees through more than 3,600 pharmacy locations across Australia. The Guild Corporate Vaccination Program provides another pathway for essential small business owners to get vaccinated, at a place and time convenient to them. Mr Jos de Bruin, CEO from MGA TMA, has welcomed the partnership which adds another option for MGA TMA members in their efforts to get their workforces vaccinated. MGA TMA recognises the importance in providing a safe retail environment for our members, their staff and customers in Supermarkets, Liquor, and Timber & Hardware businesses around the country. The Covid-19 vaccine is crucial in preventing the transmission and spread of Covid-19 in members’ workplaces. MGA TMA strongly encourages members and their staff to consider participating in the vaccination scheme with their local pharmacy.

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National President of the Pharmacy Guild of Australia, Adjunct Professor Trent Twomey, welcomed the partnership with MGA Independent Retailers to offer COVID-19 vaccinations to their members through a personalised booking platform. “For many years now, Community Pharmacy has operated a successful nationwide workplace vaccination service delivering influenza vaccines under the banner of Guild Corporate Health. We’re proud to incorporate COVID-19 vaccinations into this service and partner with MGA Independent Retailers,” Mr Twomey said. The Pharmacy Guild looks forward to working with MGA Independent Retailers on this initiative, supporting small business owners as they continue to deliver services to their communities every day.


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PROTECT

YOUR STAFF

AGAINST

COVID-19

Offer your staff a flexible, easy COVID-19 vaccination service through their local community pharmacy. Contact Johann Cramer from Guild Corporate Health 02 6270 1868 or info@guildcorporatehealth.com.au

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COVID-19 Vaccinations in the workplace MGA last addressed vaccinations for employees in our previous edition of the IR Magazine: “No Jab, No Job?”. Members were advised that mandatory COVID-19 vaccine for employees is permissible as long as such a direction is lawful and reasonable. Members were also cautioned to be mindful of anti-discrimination obligations and TGA guidelines on communicating vaccination information Members to exercise caution

What is ‘lawful and

Mandatory workplace vaccinations remain a topic at the forefront of the current industrial relations sphere. Members are advised that there are only three circumstances where implementing a mandatory COVID-19 vaccination policy is permitted:

reasonable’?

1. Where a specific law (eg a public health order) requires an employee to be vaccinated; 2. Where an enterprise/collective agreement or employment contract permits this; or 3. Where it is lawful and reasonable for the Member to direct a particular employee to be vaccinated. At present, circumstances 1 and 2 as above are unlikely to apply to Members. Therefore, Members are reminded that implementing a mandatory COVID-19 vaccination policy is permitted only if it is lawful and reasonable. Members may be required to consult with employees before implementing such a policy.

Lawfulness and reasonableness of an employer directive should be assessed on a case-by-case basis. This should be an assessment carried out for individual stores and individual employees. It may be reasonable for a particular store to require mandatory vaccination for a particular employee, but it may not be reasonable for another store or for another employee. Members must consider the below factors in deciding whether a mandatory vaccination policy is lawful:

Are other COVID-19 prevention measures possible?

» Is the employee providing an ‘essential service’?

• Extent of community transmission in the area;

• Risk of transmission in the area

between employees, customers and members of the public;

• Work health and safety obligations; • Each employee’s individual circumstances –

• Compliance with existing

» Is the employee performing

• Compliance with legislation (e.g.

» Is the employee in a high-risk or

employment contracts, award or agreement; and

anti-discrimination law).

Members must consider the below factors, and any other relevant factors, in deciding whether a mandatory vaccination policy is reasonable:

• The nature of the workplace – » how public-facing is the particular role?

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» Is social distancing possible?

high-risk work as a result of their duties?

vulnerable category?

• Whether the employee has any legitimate reason for not being vaccinated;

• Vaccine availability; and • What ‘tier’ of work the particular employee performs.


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E W DARK, BOLD, INTENSE, MYSTERIOUS...

Employees working for supermarket and grocery retail Members are likely to perform ‘Tier 3 work’ (as defined by the Fair Work Ombudsman), which is where there is interaction or likely interaction between employees and other people. Members may also have employees that perform ‘Tier 4 work’, which is where there is minimal face-to-face interaction. It is more reasonable to require vaccination of a Tier 3 worker than a Tier 4 worker.

Please contact your De Bortoli Sales Representative for further information.

Determining whether mandatory vaccinations is lawful and reasonable can be a complex exercise. Members are encouraged to contact the MGA Legal and IR team if requiring assistance with assessing the above factors.

Non-mandatory vaccination In light of the Fair Work Ombudsman’s view that the “overwhelming majority” of employers should assume that they cannot require mandatory COVID-19 vaccinations, Members are advised to refrain from implementing a mandatory COVID-19 vaccination policy without first seeking legal advice. Instead, Members are advised to continue encouraging and incentivising staff members to receive the COVID-19 vaccine, as well as maintaining a high standard of COVID-19 risk control measures in the workplace. Vaccination is our key to reducing restrictions and reopening our communities and all eligible employees should be encouraged to speak with their doctor about getting vaccinated. The MGA Legal and IR team has prepared a template COVID-19 vaccination policy that encourages employees to receive the COVID-19 vaccination. The MGA Legal and IR team can also be contacted on 1800 888 479 for further queries on vaccinations in the workplace.

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Please contact your De Bortoli Sales Representative for further information.


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Sexual Harassment: The Respect@ Work Amendments Employers may be liable for sexual harassment committed by employees under new laws.

Under various laws, employers have a responsibility to eliminate or minimise the risk of sexual harassment occurring in the workplace insofar as is reasonably practicable. In a 2018 National Survey conducted by the Australian Human Rights Commission (AHRC), it was revealed that 33% of Australians have experienced sexual harassment at work in the preceding 5 years. That’s two in five women (39%) and just over one in four men (26%). Only 17% of people who experienced sexual harassment at work during that time made a formal report or complaint about the harassment. Aboriginal and Torres Strait Islander people were more likely than non-Indigenous people to experience sexual harassment. Due to these damning figures, in 2020, the Respect@Work National Inquiry Report examined the current legal and regulatory system surrounding sexual harassment, antidiscrimination, and employment. It made a number of recommendations for legislative change. Last month, the Federal Government passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021.

What has changed? The Bill has made amendments to both the Fair Work Act 2009 and the Sex Discrimination Act 1984. Among mga.asn.au | October 2021 | Edition 6

the amendments are the following:

• Sexual harassment is now expressly included in the definition of ‘serious misconduct’

• Sexual harassment is now a valid reason for dismissal

• Employees can obtain a ‘stop sexual harassment’ order

• Employers may be liable for ‘aiding or permitting’ a person to sexually harass another person

• Employees may take civil action

against employers who victimise them for making a sexual harassment complaint

What does this mean for employers? Most importantly, employers may now be liable for causing or permitting sexual harassment to occur in the workplace. This means that an employer may be found to have committed an unlawful act if they instructed, induced, aided or permitted someone else in the workplace to engage in sexual harassment or sexbased harassment. Employers may now be served with a ‘stop sexual harassment’ order equivalent to a ‘stop bullying order’. This order will allow the Fair Work Commission to attempt to resolve the

issue before more formal proceedings are initiated. Additionally, employers should note that the offence of ‘victimisation’ – that is, taking adverse action against an employee for making a complaint of sexual harassment – now carries an extra sting. Employees can now take civil action against an employer for unlawful discrimination on the grounds of victimisation. Finally, prior to this amendment, employers could terminate an employee without notice for misconduct involving sexual harassment in certain circumstances. However, it was not specifically made clear in the legislation. The new amendment gives members more confidence when deciding to terminate an employee upon finding that sexual harassment has occurred in the workplace.

What do Members need to do differently? Some of the above amendments have sought to clarify what was previously murky water for employers. Some amendments have now prescribed further rights for employees, which may pose a new challenge for small and medium business employers. Members are advised that in order to best protect themselves, they should continue to implement strategies to


LEGAL AND HR

NATIONAL

manage the risk of sexual harassment, with the clear aim of eliminating the risk of sexual harassment in the workplace, or minimising the risk so far as is reasonably practicable. This could include the following:

• Training employees to identify sexual harassment

• Handling any complaints in a

confidential and sensitive manner, while focusing on supporting the worker involved

• Implementing appropriate

consequences for sexual harassment, such as disciplinary action or termination; and, crucially

• Addressing unwanted

• Understanding that

• Implementing sexual

harassment policies that promote respectful and inclusive workplace culture, and reviewing these policies regularly

• Having a thorough,

transparent, and impartial complaints system that encourages workers to report any incidents of sexual harassment

and respectful culture at work.

With the introduction of these new amendments, it is more important than ever to understand your rights and obligations regarding sexual harassment in the workplace.

We are hosting a Free Webinar on Sexual Harassment in the Workplace on Wednesday, 9 February 2022. To book please log on to www.mga.asn.au/ webinars

or offensive behaviour early

certain groups of people are more likely to experience sexual harassment - e.g. young people, women, people who identify as LGBTQI+, people of colour, people living with disabilities, and Indigenous people

• Consistently enforcing a positive

E-Checkout offer an easy, low-cost solution to your store, creating its online shop offer. Integration with store database for prices, specials and stock levels. Mobile first design. Installs as a Progressive Web App on phones. Customer first design thinking without clutter allowing for easy learning and speedy shopping.

Walk Optimized picking lists for staff and customers. Ability for the customer to share their order with family seamlessly. Contact Liam Keating (Retailer) or Craig Broadbear (Developer) to discuss your online shopping and check out our test store and website at: www. echeckout.com.au

Should you require any assistance, please do not hesitate to contact MGA TMA on 1800 888 479. If this article has raised concerns for you or someone you know, please contact Lifeline on 13 11 14 or Beyond Blue on 1300 224 636.

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LEGAL AND HR

NATIONAL

Employees’ General Protections under the Fair Work Act 2009 What is a General Protections application? Employees have certain workplace rights that are protected under the Fair Work Act 2009 (Cth). If a Member dismisses or takes “adverse action” against the employee because they:

» Have used (or tried to use) their workplace rights;

» Have commenced or initiated

workplace proceedings against the member;

» Are involved in industrial relations activities;

» Have made a complaint or inquiry in relation to their employment;

» Have been temporarily absent

from work because of illness or injury; or

» Have a protected characteristic

employee with a written warning, altering the employee’s roster or reducing their hours of work, demoting the employee, suspending employee); or (d) discriminate/ treat the employee less favourable to other employees in the workplace.

Examples of adverse action include situations where: • A member changes the roster,

reduces the working hours or duties, or issues an employee with a written warning because they have made a complaint or inquiry in relation to their employment;

(e.g. race, colour, gender, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, nationality),

• A member dismisses or discriminates

then the employee can make an application to the Fair Work Commission alleging that the member has breached the general protections provisions of the Fair Work Act 2009. This is known as a “General Protections” application.

employee unfavourably after the employee took, or proposes to take, a period of sick leave or annual leave; or

What is Adverse Action? A Member is considered to have taken adverse action against an employee if they: (a) dismiss the employee; (b) injure the employee in their employment (e.g. removing the employee from worksite; transferring, or standing down the employee); or (c) alter the position of the employee to the employee’s prejudice (e.g. issuing mga.asn.au | October 2021 | Edition 6

an employee because the employee had disclosed to the employer of a mental or physical disability or condition that they have;

• A member dismisses or treats an

• A member dismisses or treats an

employee unfavourably because the employee has told their employer that they are pregnant and/or have asked their employer to take parental leave.

What happens when an employee makes a general protections claim? An employee (regardless of their length of service) can make a general protections application to the Fair Work Commission:

• At any time, if the employee is

currently employed with the member; or

• If the employee has been dismissed by the member, within 21 days from the date of their dismissal.

If an employee makes a general protections application against a Member, then the member must provide a response to the general protections application. It is also likely that the matter will be listed for a Conciliation Conference. If members require any assistance in responding to a general protections application and/or representation at a conciliation conference, please contact the MGA TMA Legal and IR team on 1800 888 479. If the general protections claim does not resolve in the conciliation conference, then the employee may commence legal proceedings.

What orders can the Fair Work Commission make? If the court finds that the general protection provisions of the Fair Work Act have been breached, the Fair Work Commission can make any order it considers appropriate. This includes:

• Issuing a fine; • Reinstating the employee (if they have been dismissed);

• Compensation for loss; • Order for party to pay the legal fees. If you would like further information about general protections applications, please contact the MGA TMA Legal and IR team on 1800 888 479.


INDUSTRY NEWS

NATIONAL

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LEGAL AND HR

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Mitigating underpayments and the risks that follow

The main causes of underpayments in the retail industry can be attributed to the following:

» Annual salaries; » Misclassification of employee levels; and

» Inaccurate time and record

Often employers believe an annual salary leaves an employee better off. However, employees often work overtime and public holidays, which entitles them to higher rates of pay, which is often not factored into the employee’s annual salary and can inadvertently result in an underpayment.

Misclassification of employees

stock or customer assistance. This can result in the entitlement to penalty rates and additional or overtime payments. It is therefore vital for a business to ensure that they are complying with all their record-keeping obligations in the Fair Work Act in keeping a record of the hours that their employee’s work and also ensuring any additional payments or overtime are paid.

keeping.

In 2019, a grocery store in Australia was investigated by the Fair Work Ombudsman (“FWO”) and was alleged to have owed at least $713,395 in unpaid staff wages. This particular case was in relation to salaried staff members.

Annual salaries Whilst employers often choose to pay their staff members an annual salary as opposed to the relevant hourly rates of pay under the applicable award; they often forget to revisit the employee’s salary on a yearly basis or consolidate the salary with any overtime worked by the employee. Businesses must ensure that an employee’s salary is at least equal to their minimum entitlements under the General Retail Industry Award (“GRIA”) (or any other applicable award), meaning an employee cannot be ‘worse off’ receiving an annual salary than they would have, had they been paid an hourly rate pursuant to the applicable award.

mga.asn.au | October 2021 | Edition 6

Another common factor that results in businesses inadvertently underpaying staff members is that they have not classified their employees’ levels correctly. Under the GRIA, there are 8 employee levels. Level 1 to 3 involves general sales assistant duties, forklift operations etc., whilst levels 4 to 8 are generally reserved for those in a managerial position. Each classification level has a particular base ordinary rate of pay rate, which means that if an employer has classified an individual as a level 1 employee when they are, in fact, a level 3 employee under the award, there will be an inadvertent underpayment. Employers should regularly assess the day to day duties a staff member is performing in consideration of the employee levels as defined in the GRIA.

Time and record-keeping Retailers are constantly working in a busy environment, and staff members are often required to stay back to assist with

The Fair Work Act requires employees to keep records of including but not limited to:

• Overtime; • Hours of work; • Pay records; • Superannuation contributions; • Annual wage arrangements; • Leave; and • Averaging hours. In light of wage theft recently becoming criminalised in Victoria and Queensland, it is crucial for businesses to seek legal advice and rectify any underpayments that have been identified. Please do not hesitate to contact the MGA TMA Legal and IR team on 1800 888 479 for further queries in relation to underpayments and how they can be avoided.


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INDUSTRY NEWS

NATIONAL

Are You a Mindful Leader? An Australian Institute of Company Directors 2021 panel heard that workplaces should do more to support employee health and wellbeing and help people recover from mental illness.

The economic case for directors to do more to manage staff health and wellbeing is a “no-brainer”, said Peter Joseph AM FAICD, who chairs the Black Dog Institute and The Ethics Centre. However, duty goes further for directors. “Every dollar spent on effective mental health actions returns $2.30 in benefits to the organisation,” said Joseph. “Mental health is going to be the biggest economic burden of disease on the planet within a few years. As directors there’s an economic driver to act, but we have to be vulnerable and show our humanity. As boards and directors, we do have to get personal.” He and the other panellists on the Mindful Leadership: Governance and mental health session — Jacinta Munro GAICD, Deputy Chair of Lifeline, and Dr Rob McCartney, Chief Medical Officer of Woolworths, urged workplaces to do more to support the health and wellbeing of workers and help people recover from mental illness. McCartney said many boards were lost on where to start when overseeing the mental health of the people in their organisations and urged directors to consider their own mental health as they were in a high-risk group.

mga.asn.au | October 2021 | Edition 6

“The key is to start at board level through to the CEO. [Mental wellbeing] needs a strategy so you can make a difference,” he said. “Sometimes, when you get to a certain level, it’s not OK to say you’re not OK. If directors are struggling, they need to say so.” Joseph made managing mental health a personal mission after his son Michael took his own life fifteen years ago at the of age thirty, after battling mental health issues for seventeen years. “We have learnt more about the human brain in the past thirty years than in all of human history,” said Joseph, noting that one in six Australian workers are suffering from mental illness; another one in six people are suffering symptoms associated with mental illness, such as stress and fatigue, and while not meeting the criteria for a diagnosed mental illness, will affect their ability to function at work. “Mental illness is one of the leading causes of absence and long-term work incapacity in Australia [and globally] and is one of the main healthrelated reasons for reduced work performance,” said Joseph. “Research shows that absenteeism, reduced work performance, increased turnover rates and compensation

claims as a result of mental illnesses cost Australian businesses up to $12b each year — and that was three years ago.” Munro, who also leads KPMG’s compliance and conduct practice, said most Lifeline volunteers are over sixty and often socially isolated. Watching out for their mental health during COVID-19 was a key responsibility for the board at a time when demand for services had increased by twenty-five per cent. She urged boards to collaborate with staff and volunteers when developing wellbeing approaches.

The Black Dog The Black Dog Institute has grown from thirty staff in 2012 to two hundred, plus two hundred volunteers. The institute is expecting to double in size in the next five years. Joseph outlined a framework of how to create a mentally healthy workplace:

• Design work to minimise harm • Build organisational resilience through good management

• Enhance personal resilience • Promote and facilitate the early seeking of help

• Support recovery and return to work.

Source: AICD


INDUSTRY NEWS

NATIONAL SOUTH AUSTRALIA

South Australia - Trading Hours MGA together with SAIR have been strongly opposed to further trading hours deregulation or liberalisation in South Australia.

South Australia is the “home” of the independent and family-owned business operator, none more so evident than in grocery and supermarket businesses. The two corporate supermarket chains, together with the Hardware giant, have been pushing the Marshall Government to further deregulate trading hours knowing there will not be an additional sale generated or additional employment opportunity provided. Sales in groceries and hardware will simply be supplanted from the family businesses, who pro-rata provide more jobs in the state than the chains and reinvest their profits back in SA, to the Chains whose profits leave the state for other capital cities. The Marshall Government will continue to campaign for greater freedom of choice in shop trading right up until the next election in March, with the popular reform critical to further turbocharge the state’s ongoing COVID-19 recovery. This will not be a turbocharging of the economy, rather it will spell doom to the thousands of family and private businesses that make up the backbone of South Australia’s economy and culture. Leader of the SA Labor Party, Peter Malinauskas, strongly opposed the deregulation of trading hours in favour of supporting local SA owned businesses who generate a valuable ecosystem and make significant contributions within the communities in which they trade. The Marshall Government must realise that it is the SA family owned and independent supermarket operator who supports the local growers, fresh and gourmet foods, as well as beverages. It is our sector which promotes local innovation and provides the initial distribution channels to consumers for them to try the new products which start up food and beverage businesses have developed. Where else would they go? To the chains who charge exorbitant ranging fees and support house brands over any other brand on their shelves?

No - they will always be supported by the SA independent supermarket sector. Business SA CEO Martin Haese has voiced his organisation’s support for the prosperity of SA local businesses over the power and might of the corporate chains wishing to deregulate trading hours. Aside from some common-sense Adelaide CBD and tourist precinct trading hours for Rundle Mall and the inner city, Business SA is not supportive of wide-ranging trading hours deregulation. MGA will continue to work with and SAIR to oppose any further deregulation of trading hours in SA.

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INDUSTRY NEWS

NATIONAL SOUTH WESTERN AUSTRALIA AUSTRALIA

Small Business Resilience in Western Australia Dr Michael Schaper was the former ACCC Deputy Chair for ten years and presided over the ACCC Small Business and Franchise advisory Council of which MGA is a long serving active member. Michael has a deep passion for the Small and Family Business community, particularly in his home state of Western Australia. Bushfires. COVID-19. Cyclones. Freak hailstorms. Flooding. These are just some of the events that have happened to Australian communities in the last few years. What will we face next? We cannot predict the future, nor the consequences of these sort of unexpected events. We can prepare ourselves in advance for them and mitigate the damage that they are likely to cause. We have seen a rushed set of COVID-19 lockdown support payments introduced by State and Federal governments, but it is a reaction to today’s problem. It is not a long-term strategy to keep our small businesses afloat when the next (non-COVID) disaster hits. Australia already has a reasonably effective system of support for individuals when disaster strikes. Income support, housing, clothing, personal assistance, one-off grants from government and charitable endeavours for individuals all roll out quickly whenever one of our communities is hit. There is even a Disaster Assist website run by the Federal Government to help victims locate support. It is not perfect, but it helps people to get back on their feet, to get financial support, and to deal with misfortune as quickly as possible. However, almost all of this is for individual Australians, in their personal capacity. We have nothing ready to quickly roll out and support the backbone of our national economy: mga.asn.au | October 2021 | Edition 6

our micro, small and medium-sized businesses. In the country that is home to the black swan, we have done precious little preparation for so-called black swan events. With more than 2.1 million such businesses across the country, employing almost half of the workforce, it is an oversight that needs to be corrected. An unexpected misfortune can quickly kill a small business. Small firms typically trade on very low turnover levels and make thin profit margins. Most have little, if any, cash reserves. And many have only basic levels of insurance. So, it doesn’t take much to destroy them — a week or two of forced closure can be enough to start the inevitable decline. And when those businesses shut their doors, it can trigger a roll-on wave of misfortune that quickly spreads throughout the broader community. Employees stand to lose their jobs. Business loans cannot be repaid. Rents are unmet. Suppliers and creditors (most of whom are other small businesses) don’t get their cash. So, supporting small businesses and helping them to stay afloat in a disaster isn’t about enriching their owners — it’s about maintaining the necessary economic infrastructure of the community. Speak to the handful of experts who have specialised in this area, and they can tell you that there are already some well-established features about what does — and does not — make for effective emergency business support. For example, cash grants are often more useful than in-kind assistance.

The money can quickly recirculate into local economies as businesses once more start to pay bills and their employees. In contrast, support loans are often problematic for smaller traders, because they represent further debt that can quickly become insurmountable. Yet we continue to wait until an emergency is upon us before belatedly making some response. And each time the mix of support is different, for each disaster, and in each State. Right now, different firms, with different legal structures, in different industries, are being supported differently. And few of them would know exactly what they are entitled to. Would not it be preferable to develop a set of basic national business back-ups with consistent principles that we can swing into action promptly whenever disaster strikes? Now is the time to get ready for this. Pre-plan it, work it out, practise how it would be delivered. Fine-tune it and make sure it is effective. Not just in case we have more COVID-19-related lockdowns, but because this sunburnt country of droughts and flooding rains will always challenge us. It wasn’t raining when Noah built the ark. Better to be prepared in advance than bemoan the problem afterwards.

Dr Michael Schaper is an Adjunct Professor with the John Curtin Institute of Public Policy at Curtin University


INDUSTRY SPOTLIGHT

Kenn Buckley and daughter Michelle

Buckleys Supermarket celebrates 40 Years In January 2021, Kenn Buckley and the Buckley Family celebrated their 40th year operating the grocery supermarket in Maling Road, Canterbury. Over this 40-year period, the Buckley family has been revered in Canterbury for their valuable role in promoting a strong local community and providing customers with their food and grocery needs. Local publications joined the celebrations, publishing ‘the Buckley story’ in local newspapers and community newsletters.

Over these years, Kenn Buckley has been a part of many changes in the business, including the introduction of technology, which now covers all aspects of the business. Changes included bar codes, eftpos, scanning at the register, electronic ordering, email, internet, and online sales. Kenn’s family supermarket has been able to trade well, despite having witnessed the relentless growth and unsustainable competition from the two chains, Woolworths and Coles, which saw the demise of many family businesses as a consequence.

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jokes. Kenn’s passion outside of work is golf and his golf jokes could fill an encyclopedia. We congratulate Kenn, June, and the entire Buckley family for achieving this wonderful milestone. A milestone the entire Canterbury community is very proud.

Canterbury is a Dry Area and has been so since 1920. One of Kenn’s biggest achievements was in gaining a packaged liquor license in 1991. This allowed Kenn to support locals with their beverage requirements when dining in local BYO restaurants. Kenn, wife June, daughter Michelle and grandson Bruce, all work in the family business and have gone out of their way to employ locals, giving many school aged children their first employment opportunity. Kenn has been very active in helping to preserve the unique heritage character of the Maling Road shopping strip which attracts people from across Melbourne. In addition, Kenn has always been an active industry member. Wherever Kenn went, he would gather new industry friends and colleagues and entertain them with his quick wit and endless

Ron Corrigan and Ken Buckley Kenn and June decided to sell their Grocery Supermarket business in September this year, after a wonderful 40-year career working in their local food and grocery outlet and will now enjoy retirement and the next phase of their lives. Kenn will no doubt be further honing his golfing skills!


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TRAINING

NATIONAL

October- National Work Safe Awareness Month Together, we can think safe. work safe. be safe and create a healthy and safe workplace for everyone. Work Health and Safety (WHS) or Occupational Health and Safety (OH&S) – involves the management of risks to the health (including mental health) and safety of everyone in your workplace. Also, the health and safety of anyone who does work for you as well as your customers, visitors, and suppliers. Please note each state and territory operates under its own WHS Act. Western Australia and Victoria operates under their OH&S Acts

Benefits of WHS in your business Creating a safe work environment is a legal requirement and is also critical to the long-term success of your business by: » keeping your staff long term

» » »

improve staff productivity reduce injury and illness in the workplace reduce the costs of injury and workers’ compensation

It may initially cost money and time to implement safe practices and install safety equipment, but it is critical to the success of your business. Not implementing safety policies and procedures could result in prosecution, fines, and loss of your skilled staff. commit to work health and safety we all want to be safe at work. so think, be and work safe this October and beyond. safeworkmonth.swa.gov.au

#safeworkmonth #ThinkWorkBeSafe

Types of injuries sustained in retail The fast-paced nature of retail work, coupled with long hours spent standing and performing repetitive tasks, frequently leads to employee accidents. Typical retail injuries include: Musculoskeletal injuries. These are caused by lifting things that are too heavy or bulky or by using improper lifting techniques. Musculoskeletal injuries typically impact workers’ backs, shoulders, arms, and hands, resulting in painful inflammation. Bruises, fractures, and broken bones. These injuries are

mga.asn.au | October 2021 | Edition 6


TRAINING

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NATIONAL

the result of tripping, slipping, and falling on the floor. Other causes could be being struck by falling or moving objects often leads to bruises, fractures, and broken bones. Repetitive strain injuries. These ailments typically lead to pain and inflammation in the arms, wrists, and hands in retail settings, resulting in tendonitis and carpal tunnel syndrome. Scrapes and cuts. Employees frequently use sharp cutting tools such as knives and box cutters. Accidents can produce anything from minor scrapes to serious lacerations that require emergency medical care. Other injuries retail employees could experience is motor vehicle accidents and misuse of equipment, e.g., deli slicer.

Managing risks Through regular risk assessments and incident reporting ensures the workplace continually improves its safe work practices. Using the hierarchy of control measures allows the employer to work through managing hazards practically.

Vulnerable workers may be more at risk of WHS injuries. Vulnerable workers may include:

• young workers • part-time and casual workers • culturally and linguistically

diverse people, such as migrant workers.

Employer Responsibilities Under Australian WHS laws, a business must ensure the health and safety of its employees and not put the health and safety of other people at risk. To do this, employers need to put in place systems that

Each state has its own WHS authority. Safe Work Australia These regulators are not just about reporting and investigations. They also offer a wealth of resources and advice. Some even provide free programs to assist business to improve their safety. SafeWork NSW: https://www.safework. nsw.gov.au/ WorkSafe ACT: https://www.worksafe. act.gov.au/ WorkSafe WA: https://www.commerce. wa.gov.au/worksafe Workplace Health and Safety Queensland: https://www.worksafe.qld. gov.au/

» provide and maintain safe

SafeWork SA: https://www.safework. sa.gov.au/

» provide any information,

WorkSafe Tasmania: https://www. worksafe.tas.gov.au/

machinery and structures

training, instruction, or supervision needed for safety

» provide safe ways of working » ensure safe use, handling

and storage of machinery, structures, and substances

» provide and maintain adequate facilities

WorkSafe Victoria: https://www. worksafe.vic.gov.au/ NT WorkSafe: https://worksafe.nt.gov. au/ Comcare- commonwealth and national authority and education: https://www. comcare.gov.au/

» monitor the health of

MGA Industry Training WHS courses https://mgaonline.com.au/whs-andstaff-performance-courses-mp/

» regular risk assessments

For further legal advice on WHS/OHS policies and your requirements, please do not hesitate to contact our Legal and IR team on 1800 888 479 (Option #1)

workers and conditions at the workplace.

Ref: https://tapintosafety.com.au/

Resources


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TRAINING

CONTACT: MGA Industry Training P: 03 9824 4111 (Option #2) E: training@mga.asn.au

NATIONAL

MGA Industry Training approved by ROC (Registered Organisation Commission) is now delivering

MGA Finance & Governance Training for Registered Organisations

The Fair Work (Registered Organisations) Act 2009 (the RO Act) requires all office holders whose duties relate to financial management to undertake approved training within six months of taking office. •

This course is designed for newly elected officers that are comfortable with self-paced learning.

No virtual classrooms and keeping appointments.

You can complete at any time or place.

There are 8 interactive modules to complete with a final assessment.

No need to wait for a trainer to assess your work, once the assessment has been completed, you can download your Certificate of Completion immediately.

Full details can be found on our website www.mga.asn.au

mga.asn.au | October 2021 | Edition 6

www.mga.asn.au


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NATIONAL

Don’t just renew, review & get the right protection for you. We know you don’t want to spend your time worrying about insurance, but would your current insurance be enough to see you through? We’ve worked with MGA to develop a tailored insurance solution to meet the specific needs of their members. Let your insurance industry experts take care of everything for you. Call your local Broker today and rest easy knowing you’re in good hands. “Adroit provide ideas for preventative measures and procedures so we focus on what we are best at. I have confidence in them!” Jean Cowley. Owner – IGA St Leonards & Barwon Heads.

Contact your local broker for a FREE insurance review. 1300 402 756 | myadroit.com.au

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TRAINING

NATIONAL

For a full list of courses and further information visit: www.mgaonline.com.au DON’T FORGET TO LOG IN FOR MEMBER PRICES Training is delivered by Master Grocers Australia – RTO Code: 21148

Online RSA Courses: VIC | ACT | WA | QLD

This online course is suitable for persons handling or serving alcohol as a part of their job. They are designed specifically to suit the requirements of each state/territory.

Food Safety Courses:

NSW Food Safety Supervisor | All States Food Safety Supervisor | Introduction to handling food.

Retail Tobacco courses

VIC | SA | WA | QLD | TAS | NT | NSW An overview of tobacco legislation in your state /territory | Age restrictions when purchasing tobacco | Signage requirements | Tobacco products that can and can’t be sold | Penalties | Employee responsibilities when selling tobacco | Management responsibilities when selling tobacco.

WHS and Staff Performance Courses Training employees can improve your business performance and employee morale. This course will assist to meet the needs of your operation, increase customer satisfaction, better work safety practices and productivity improvement.

Customer Service Develop the skills and knowledge required to build relationships with customers.

mga.asn.au | October 2021 | Edition 6


INDUSTRY NEWS

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NATIONAL TASMANIA VICTORIA

Paul Raistrick to takeover Ritchie’s IGA at Latrobe Everyone’s favourite English treats from mushy peas to Irn-Bru will be hitting the shelves at Latrobe as the new owner of Ritchie’s IGA puts his touch on the store. Story by Claudia Williams | The Advocate. Pictures by Simon Sturzaker

Paul Raistrick will officially take over the store on October 29, adding to his Pommy Paul’s IGA’s in Devonport on Valley Road and at the Fourways and at Shearwater. It is a proud achievement for Mr Raistrick. “We have been looking at expanding for the last five years, but COVID slowed everything down and now we have been offered the chance to buy Ritchie’s IGA as he retires,” he said. “To have it up to four stores now means it expands my skill base and I will be able to pass those skills to other staff it will be great to see them blossom with the responsibility they have been given. “It will be a few weeks of hard work getting used to how the store runs because each store has its own characters and unique people.” While he will be making some small changes Mr Raistrick said he would be keeping the aspects of the store locals love. “Latrobe has lots of different things we don’t do at the other stores that we can now share between the stores, like they make home made salads that we can share around,” he said.

Staff at Ritchie’s IGA at Latrobe. Picture: Simon Sturzaker

Most things they do will stay the same because if you don’t change too much you don’t frighten the horse.” With the new store Mr Raistrick will be looking to add up to five people to his team.

“It is still as busy as it was in COVID for the independent stores as we are giving the personal service the other can’t give.” Owner of the IGA for almost 28 years Stuart Ritchie will have his final day on Thursday as retirement calls.

“We need probably four or five new staff in the company because the other stores are getting busier,” he said.

To have it up to four stores now means it expands my skill base and I will be able to pass those skills to other staff it will be great to see them blossom. Paul Raistrick

NEW OWNER: Paul Raistrick will take over Ritchie’s IGA at Latrobe on October 29. Picture: Simon Sturzaker


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CORPORATE PARTNER ADVERTISING

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NATIONAL

From Zero to Hero: Introducing an exciting new range of zero alcohol wines from Wolf Blass The ‘no alcohol’ or ‘lighter in alcohol’ category is undoubtedly one of the fastest growing segments currently in the market. Dubbed as the ‘conscious consumption’ trend, there has been a rapid evolution of consumers on the hunt for products that provide them with an offering that is considered to be more ‘moderate’ or ‘conscious’ to meet their ever-changing needs and occasions.

Wolf Blass, one of Australia’s most iconic and award-winning wine brands, has tapped into this trend by launching a refreshing new portfolio of zero alcohol wines to its stable of excellence. Consisting of a Sparkling Cuvée, Shiraz and Sauvignon Blanc, the range launches nationally this week across selected Dan Murphy’s stores as well as Woolworths Grocery. This lower in calorie, lower in sugar, exciting new offering is underpinned by Wolf Blass’ ability to continually innovate and evolve, whilst still striving to deliver on quality and taste so that consumers can moderate, but without the compromise. Creating a de-alced wine happens through a combination of processes called Spinning Cone Technology. The wines are taken in their original alcoholic format and put through a distillation process where the alcohol is gently removed down to 0.5% alcohol/ volume, which is considered the industry standard for ‘zero’. Through this de- acling process, the winemakers can ensure the wine hits the <0.5% mark but is not refermented throughout the process, therefore, from an aromatic and texture perspective, it still aligns closely to wine.

“The Wolf Blass winemaking team believe we have been able to master the re-construction of the two separate components whilst still being able to replicate the varietals’ aromatics and taste that consumers would usually expect or experience from their wine. Through the passion, collaboration and dedication of our skilled winemakers, we were able to ensure the mouthfeel was put back into the wine – which is naturally contributed by alcohol – so that our de-alcoholised wines were still full of flavour and enjoyable for consumers. “Wolf Blass is known for creating great tasting, great value wines that suit all occasions and are enjoyed by people the world over. The new Wolf Blass Zero range is no different,” said Chris Hatcher, Wolf Blass Chief Winemaker. Treasury Premium Brands is excited to be expanding its existing lighter in alcohol portfolio by now introducing a zero alcohol solution that truly raises the bar.

“With 48% of Australian consumers now actively moderating their alcohol intake1, it is becoming increasingly evident that consumer behaviour and wine consumption habits are evolving at a rapid pace, therefore, it is critical that we innovate our offering to provide a non-alcoholic alternative that prioritises taste for this growing segment,” said Angus Lilley, Chief Marketing Officer & General Manager Sales ANZ, Treasury Premium Brands. “Wolf Blass gave us the perfect platform to play in this category through its reputation for quality and credentials in exceptional winemaking. The winemaking team have spent a considerable amount of time finessing these wines to ensure they are a true reflection of the brand, but also deliver on expectations so our consumers don’t feel they have to settle for anything less, whatever the occasion is,” concluded Lilley. Wolf Blass Zero Sparkling Cuvée, Shiraz and Sauvignon Blanc (RRP $12) is available now. For more information regarding Wolf Blass Zero please visit wolfblass.com or contact: Zoe Tostevin Wolf Blass PR Manager zoe.tostevin@ tweglobal.com | 0419 417 893 1 Source: IRI Aztec Data Australia Liquor Weighted MAT to 29/08/2021; Coles Synergy Data 2021


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LIQUOR NEWS

NATIONAL

Illicit tobacco: A growing problem for Retailers The smuggling and sale of illicit tobacco across Australia has been hurting retailers and small businesses for many years. The size and scale of the illicit market, alongside the involvement and damage caused by organised criminals, is often less known. MGA will continue to highlight the damage being done to retailers from an insidious trade growing in size. MGA will demonstrate to Federal, State and Territory policymakers that retailers need better protection through legislative change and cooperative enforcement measures. Illicit Tobacco Consumption and Police Seizures Reveal Growing Problem The size of Australia’s illicit tobacco market has grown substantially in recent years. According to KPMG, one in every six cigarettes smoked in Australia comes from an illegal source – one of the highest levels ever recorded1. Between 2012 and 2019, illicit tobacco consumption in Australia nearly doubled from 11.5% to 20.7%2 , resulting in billions of taxes being lost each year. KPMG’s most recent estimates suggest the consumption of illicit tobacco resulted in the Commonwealth Government losing $2.9 billion in tobacco taxes last year alone3. Australian authorities and Australian Border Force (ABF) officers have tackled the problem over many years, but given illicit tobacco consumption is increasing, it is important adequate resources and cooperative measures are taken by all levels of government. Last year, the ABF seized 512 million illicit cigarettes, a 36 per cent increase from the previous year4 – and 748 tonnes of loose-leaf illicit tobacco, compared to 167 tonnes the previous year. With tobacco seizures doubling in the last 12 months, illicit tobacco remains a key priority for the ABF,

mga.asn.au | October 2021 | Edition 6

indicating how much is flooding the country.

Media Coverage Highlights Shocking Scale

“That’s the biggest crop we have discovered to date.” Australian Border Force Commander Greg Linsdell, head of the Illicit Tobacco Taskforce, March 2021.

Media coverage of illicit tobacco seizures demonstrates the problem is not isolated to one state or territory. Large-scale seizures have taken place across Western Australia, South Australia, Victoria, Queensland and New South Wales over the last 12 months. This is a national problem that requires national solutions.

A special investigation from Simon Bouda at A Current Affair late last year, revealed the size and scale of the illicit tobacco market and the trade’s dangerous nature. In the program authorities seized enormous shipping containers with 13 million illicit cigarettes inside, worth an estimated $13 million on the street6.

In August 2021, a huge haul of illicit tobacco was intercepted by authorities at the Queensland/New South Wales border checkpoint at Coolangatta. A semi-trailer with an estimated $600,000 worth of illicit tobacco was seized, headlining local papers.

This ongoing coverage has prompted the Minister for Home Affairs, Karen Andrews, to address the issue publicly. Appearing on radio recently, Minister Andrews made commitments the Federal Government would continue to tackle illicit tobacco and dedicate resources to disrupting illicit trade.

“As well as funding organised crime syndicates, the avoidance of tobacco duty means the community misses out on revenue that contributes to infrastructure and other services,” Acting Detective Inspector Galpin, August 2021. Earlier in 2021, the multi-agency Illicit Tobacco Taskforce uncovered more than 40 hectares of tobacco crops, growing on properties either side of the Victoria-New South Wales border. The scale of the seizures ensured coverage across the ABC and the Nine Network. The tobacco seized by authorities had a potential value of $84.3 million5.

Opportunities for New Policies to Tackle Illicit Tobacco It is imperative for the Commonwealth and State Governments to take a more co-operative approach and work together to disrupt all levels of the illicit tobacco supply chain. While the ABF and ATO seize illicit tobacco at the border and destroy locally grown crops, there remains a lack of retail enforcement, with street level sales continuing to go largely unchecked. Unfortunately, in many states, local police do not have the


LIQUOR NEWS

NATIONAL

correct powers and penalties at their disposal to shut down rogue traders. The Commonwealth Parliamentary Joint Committee on Law Enforcement (PJCLE) into Illicit Tobacco released its final report in November 2020. The report, with information sourced from public hearings, revealed the size and scale of the illicit tobacco market, identified those affected by it, and presented solutions to disrupt and dismantle the market. The Committee’s report outlined a series of recommendations on how State and Federal Governments tackle the illicit tobacco problem in a holistic way. MGA is fully supportive. Some recommendations include:

• Create a National Illicit Tobacco

strategy led by the Commonwealth Government, supported by State and Territory law enforcement agencies – this would foster greater co-operation between all levels of law enforcement and provide clear roles and responsibilities for participating agencies.

• Close gaps in state and territory laws, aligning them with Commonwealth offences and penalties – this would provide local police with the powers they need to enter, search and shut down shops selling illicit tobacco.

• Introduce tougher on-the-spot fines

MGA Advocacy and how you can help MGA continues to hold productive conversations with all levels of Government regarding the need to implement these measures promptly, to protect retailers and businesses affected by the illicit tobacco trade. Retailers and businesses owners can support MGA’s campaign to improve illicit tobacco enforcement by contacting their local MP. Hearing from members of the local community about how illicit tobacco is impacting their business is an effective way of keeping the problem ‘front of mind’ for Government to encourage decisions makers to act quickly. MGA has partnered with the Australian Coalition Against Illicit Tobacco (ACAIT) to make it easy for you to contact your local MP and key Ministers.

Reporting If you see or hear of illicit tobacco being sold in your community, it is important you report to the relevant authorities. You can make a report nationally, via the ABF’s Border Watch portal https://www. homeaffairs.gov.au/help-and-support/ departmental-forms/online-forms/ border-watch If you prefer, MGA will report these matters on your behalf. Please email details of what you have witnessed to George Kovits at george.kovits@mga. asn.au. References 1

PMG. Illicit tobacco in Australia 2020. K Full year report. 2021. KPMG Illicit tobacco in Australia 2020. Full year report. 2021.

2

KPMG. Illicit tobacco in Australia 2020. Full year report. 2021.

3

Scan the QR code below and enter your name, email address and postcode details to automatically send an email calling for urgent action on illicit tobacco to your local MP and key State and Federal Ministers who have responsibility for health, law enforcement, finance, and small business issues.

for selling illicit tobacco – a quick and effective means of penalising those caught doing the wrong thing, especially if the fines are several thousand dollars.

Sydney Morning Herald. ‘Criminal groups farm illicit tobacco as authorities confiscate imports.’ July 2021. https://www.smh.com. au/national/nsw/criminal-groupsfarm-illicit-tobacco-as-authoritiesconfiscate-imports-20210719-p58avl. html

4

Nine Network, 9 March 2021 https:// www.9news.com.au/national/policebust-illegal-tobacco-crops-worth-84million-victoria-nsw/7cb5adc3-547c4095-a4a3-e6fb78b92fdc

5

A response to the PJCLE’s report is expected from the Government in late 2021.

A Current Affair, The illegal trade funding human trafficking and terrorism. https://9now.nine.com.au/ a-current-affair/the-illegal-importsallegedly-sold-at-local-aussie-storesseized-by-police/46284bb8-ed5f482b-85da-b0b6efe0e921

6

By contacting your local MP on behalf of your business, you help to raise awareness of this issue and support MGA’s push for national changes to effectively tackle illicit tobacco.

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36

TIMBER NEWS

VICTORIA NATIONAL

Victorian Skills Authority In September, Marie-Claire McKiernan (MGA TMA National Membership Manager) and Claire Wilson (MGA Industry Trainer/Assessor) attended a meeting with the Victorian Skills Authority (VSA) which focused on resources, forestry, pulp, and the paper industry. The VSA, formed in July 2021, is a key resource between Victoria’s industries, training providers, employers, and communities. Their aim is to assist Victorians to obtain the industry training needed to acquire work. To facilitate this, VSA consult with industries and communities to identify training and employment needs, within communities, and across Victoria. VSA states that “together, we will work to:

• match Victoria’s employment demands with training

• ensure Victorian employers and

communities can find workers with the skills they need, when and where they need them

mga.asn.au | October 2021 | Edition 6

• ensure Victorians can get training that will help them find a job and build a career.”

(Source: https://www.vic.gov.au/victorian-skillsauthority)

In August, Craig Robertson was announced as the founding Chief Executive Officer of the Victorian Skills Authority. Craig was keen to understand what issues industries and communities were facing. Numerous industry groups were in the virtual meeting and the discussion was robust. Presentations covered various funding packages and Apprenticeships Victoria provided an update on the apprenticeship/traineeship scheme.

Involvement in these discussions, provided insight into the different support levels available to our members, including conversations about skill shortages and how to meet industry needs. MGA TMA is aware there are labour shortages. To address member needs and represent a voice for the future of this industry, MGA TMA will be canvassing our members to identify current and future skills required. Members will receive this survey soon. If you have any queries, please contact Marie-Claire McKiernan on 0411 886 716.


CORPORATE PARTNER ADVERTISING

37

NATIONAL

Improve customers’ checkout experience with NAB & Slyp Smart Receipts The passing of a paper receipt from cashier to customer has long been a habitual part of any transaction. However, paper receipts can fade, are largely non-recyclable, and outside of a proof of purchase, they can present a missed engagement opportunity for retailers. NAB is the first Australian bank to offer Slyp Smart Receipts to their customers and, together with Slyp, are on a mission to enhance the retail experience and customer engagement for all merchants Australia wide. Smart Receipts are intelligent, interactive, and intuitive digital transaction records built for the modern retail experience. Sent automatically to a participating customer’s mobile banking app, Slyp Smart Receipts create less waste, don’t fade, and can significantly speed up the process at check out. They also provide valuable insight on the customer and information previously inaccessible for merchants in the offline world. Slyp and NAB have done all the work, creating world-class technology that allows merchants to switch on Smart Receipts and connect with customers through a simple POS activation. Slyp technology also gives retailers access to anonymised customer data and insights

be used to identify buying patterns that enable retailers to customise their offering unobtrusively and to better meet their customers’ expectations. Personalisation can aid merchants in customer retention by allowing for more informed decision making, targeted marketing and a more frictionless customer experience.

Slyp Smart Receipts are now available to participating Mitre 10 stores

that can enable richer personalisation. With 86% of customers1 stating that tailor-made approaches influence their purchasing behaviour, Smart Receipts can

After all, for an experience to be truly seamless, your customer’s journey should run so smoothly they don’t even notice their part in the process. Find out more at nab.com.au/ smartreceiptsforbusiness Source 1: Infosys

SEE OAKMILK.COM.AU/CHRISTMAS FOR MORE INFO AND FULL TERMS AND CONDITIONS.

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26/10/21 9:17 am


38

CORPORATE PARTNER ADVERTISING

NATIONAL

$4M Fire destroys Hamlyn Heights supermarket Would your current insurance policy provide you with adequate coverage if such an event occurred at your supermarket? A blaze destroyed an IGA supermarket at Hamlyn Heights as flames engulfed the roughly 160 square metre building in the early hours of a Monday morning. Fortunately, no supermarket staff were in the building during the ferocious blaze. Unfortunately, instead of opening for a new week, the owners were faced with the devastation that their business was destroyed by the fire. The building, contents, stock, and equipment were completely engulfed by the fire and destroyed beyond repair. The cause of the fire was an arson attack. A skip bin located on a wall of the supermarket was full of combustibles and deliberately set alight by a person and then the fire spread to the supermarket, causing $4M of damage. Luckily, our team of supermarket insurance Risk Advisers were able to ensure that they were adequately covered for the fire and enable them to set up a make shift store beside the

mga.asn.au | October 2021 | Edition 6

damaged premises. This allowed for the owners to continue offering the community a similar service while they rebuilt their business.

Have you checked your supermarket insurance policy lately to make sure you are covered for the following? » Building damage – have you

had a professional property valuation in the last 3 years to ensure you have the correct rebuild replacement cost in place if your building was destroyed?

» Contents and equipment

damage – do you have the correct replacement value in place if you lost all your contents and equipment such as cash registers, shelving, fitouts, refrigeration equipment

» Stock Damage – do you have

the correct replacement value in place if you lost all your stock (food and liquor)?

» Business Interruption – do

you have the correct income insured to get you through an extended period of closure to your supermarket business?

» Claims preparation expenses

– are you adequately insured for claims preparation expenses to accountants, engineers, or architects in preparing a large claim?

» Removal of Debris – do you

have adequate insurance cover for clean up and removal costs to remove charred remains of your building, stock, equipment, and contents?

» Additional Increased Costs of

working – are you covered for expenses incurred to assist you in resuming and/or maintaining your normal supermarket business operations such as a temporary premises to operate from?

If you would like a free Supermarket Insurance health check from an Adroit Insurance Risk Adviser, contact us today 1300 MY ADROIT, adroit.com.au or mail@adroit.com.au


MOCHA

JUST GOT REAL


40

INDUSTRY NEWS

NATIONAL

IGA is set to launch its spectacular Christmas range Story by Cindy Tran | Dailey Mail Australia Pictures by @IGA

With prices starting from $4.50 - complete with salted caramel pavlovas, pudding and beef wellington, the new Signature Collection will hit supermarket shelves from November 1. IGA is set to unveil its spectacular Christmas range - complete with pavlovas, puddings, shortbread cookies and beef wellington. Launching on November 1, the new Signature Collection has been carefully crafted with convenience so families can spend quality time together rather than spending hours in the kitchen cooking.

mga.asn.au | October 2021 | Edition 6

The supermarket has worked with Australia’s culinary experts to develop a premium seasonal range made with homegrown ingredients, sourced from local producers. For the first time ever, the Christmas range will arrive in selected IGA and Foodland stores for a limited time only.


CORPORATE PARTNER ADVERTISING

NATIONAL

Product of Australia

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42

CORPORATE PARTNER ADVERTISING

NATIONAL

St Huberts The Stag Partners with Olympic Snowboarder Scotty James St Huberts The Stag is excited to announce their new partnership with Olympic snowboarder and fan favourite, Scotty James, signing on as an ambassador for the Treasury Wine Estates brand for the next two years. Born and bred in the foothills of the Yarra Valley, Scotty exemplifies the spirit of St Huberts The Stag with a shared passion for being outdoors, cooler climates and socialising with mates. St Huberts The Stag has always been about the wild and Scotty’s built a hugely successful career from this. Showcasing the very best of regional Victorian wine, St Huberts The Stag wines are made in popular coolclimate styles, with grapes sourced from winemaking regions across the state. With the wine brand intrinsically linked to the snow having partnered with Falls Creek in the past, forming ties with a snow sports icon like Scotty James is the perfect brand alignment. Treasury Wine Estates’ Ben Culligan, Category and Marketing Director ANZ & Asia says, “We’re really pleased to announce this partnership with Scotty. At St Huberts The Stag, we aim to give our consumers the taste of freedom, so when it came to selecting an ambassador, we wanted to ensure they held the same down to earth nature, adventurous spirit and confidence in their craft, which Scotty James certainly upholds. Plus, what could be better apres’ ski than a nice glass of St Huberts The Stag?”. Brand ambassador, Scotty James expressed, “I have always been a huge fan of St Huberts The Stag so I am thrilled with this ambassador opportunity. Growing up near the Yarra Valley in Warrandyte, I have always had a flavour for wine. Now when I’m mga.asn.au | October 2021 | Edition 6

travelling the world snowboarding, a sip of St Huberts The Stag always makes me feel connected to home”. The partnership with Scotty James and St Huberts The Stag commenced in August this year and will run through to July, 2023


INDUSTRY NEWS

43

NATIONAL

Struggling to Connect?

Don’t let your communication systems hold you back from what you need to do. With everything connected getting the right solution to fit your business can be a challenge. GPK Group can assist removing the complexities of how you connect and let you get back to business.

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MGA Member Offer

Barracuda 4G backup modem

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you can’t fake sales like ours

44

LIQUOR NEWS

For 110 Christmas’ Bulla cream has been there to be enjoyed on puddings, tarts, fruit cakes and pav’s. While this year has been a year like no other for many reasons, shoppers will continue to make Bulla their choice to top off their Christmas feast. You can’t fake our quality, range of product or consistency of supply.

For sales enquiries contact Liaise Marketing on (03) 9242 3500 mga.asn.au | October 2021 | Edition 6


Financial Year

21

Financial Year

21

Financial Year

Financial Year

21

21

2021 Annual Report.


2

ANNUAL REPORT

Financial Year 2021 Annual Report

MGA TMA’s HIGHER PURPOSE

For family enterprises and privately owned businesses

MGA TMA HIGHER PURPOSE “Making Life Easier” – MGA TMA’s team dedicated to caring for, and supporting its members.

MGA TMA OBJECTIVE A highly respected national industry organisation led by an inspired and aligned high performing team.

MGA TMA MISSION Deliver support services that enhance members’ business health and prosperity.

MGA TMA VISION A robust, competitive and profitable independent retailer and business sector.

MGA TMA’s WORKPLACE MGA TMA’s workplace culture is based upon its strong values and its higher purpose to “Make Life Easier” for its members, industry stakeholders and work colleagues MGA TMA strives to be a high performing team of professionals

mga.asn.au | 2021 | Annual Report

encouraging staff to be the develop and grow in their roles to enable an enjoyable and productive culture to better assist members. MGA TMA team members are to be applauded for their flexibility and resilience in supporting and

servicing members throughout a very difficult COVID-19 year. Working from home, and “in office rosters” and countless video meetings certainly has formed what has become the new normal. Our team didn’t miss a beat and on behalf of MGA’s Board -thank you!


ANNUAL REPORT

Benefits of membership MGA TMA’s Key Priorities

LEGAL & IR Industrial Relations – Employment Law – Workplace relations

1. 2. 3. 4. 5. 6. 7. 8.

TRAINING Industrial Relations Compliance

ADVOCACY Advocacy State and Federal levels

THE CIRCULAR ECONOMY The Circular Economy – Reduce industry carbon footprint

COMMUNITY Community – Professional development events and networking opportunities

WE KNOW THE INDUSTRY – MGA TMA has been an employer organisation for the independent grocery, liquor and timber and hardware industry since the 1890’s; over 100 years of experience. Registered with FWC and ASIC. WE ARE YOUR VOICE – MGA TMA represents member views, fighting for member’s sustainability and prosperity at federal, state and local levels, evidenced by our work on industrial relations reform: casuals, part time flexibility, national wage reviews, competition law reform, trading hours, packaged liquor, illicit tobacco and waste and energy costs. Your views are our mission. FREE LEGAL ADVICE – MGA TMA offers advice on all Employment Law and IR matters, Workplace Health and Safety and Consumer Laws; saves members significant costs and provides peace of mind. SUPPORT FOR YOUR BUSINESS – MGA TMA provides members with access to policies and templates to help them manage their business and concentrate on other priorities. As a member, access our members website portal for wage rates, public holidays and more INDUSTRY TRAINING – Food Safety, RSA, Customer Service, Tobacco, Leadership and much more. Industry specific, member discounts, bulk buys – talk to the experts in grocery, liquor and timber and hardware retail industry training. EXCLUSIVE DEALS – Member only special deals on big ticket items such as electricity and insurance – check them out at www.mga.asn.au. STAY INFORMED – Our fortnightly MGA e-checkout and monthly MGA TMA newsletters keep members up to date with the latest employment law news, including e-alerts on the latest, time-critical industry news and events. Additionally, our regular magazine provides the latest news. COMMUNITY – An opportunity to network at our industry business breakfasts, lunches, golf days and GALA ball. Join our industry events that help those in need. MGA and MGA TMA have a long history of assisting various community organisations.

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ANNUAL REPORT

President’s Report Who would have thought, as we navigated through the difficult 2020 pandemic year, that 2021 could have been more confronting, more challenging, with state divisions and decisions impinging on members, staff and customers more than in 2020? We celebrated the new year with gusto believing the worst was behind us, we even managed two face to face board meetings, reveling in the idea that life was returning to normal. The year before Delta, the year of compassion, the year of nationhood, became the year of mistrust, of regulation, of statehood, and of isolation and accusation. The MGA Board would like to take this time to acknowledge the enormous contribution Jos, Mark, Marie and the MGA team made in supporting our members throughout this year. Weekends and late-night phone calls were all part of the advocacy role to provide pragmatic advice to and from state and federal governments. Health Department and Government advice, regulation, lockdowns, and enforcements changed with little notice. For our members the MGA – E Alerts and COVID 19 advice was immediate, succinct, providing assurance for members from Cairns to Perth, with all those hot spots in between.

include Flexible Part Time as part of the General Retail Award. This was a monumental achievement and will benefit members and their staff greatly.

Despite COVID 19, the MGA needed to maintain focus on providing leadership and support in Industrial Relations, Advocacy and Sustainability, providing a full workload for the team.

Our members require accurate information and guidance. Marie Brown has been at the helm of our IR team for 14 years, providing counsel, support and assurance to members, our team and to the Board. Marie has decided it is time to retire. Marie’s dedication, expertise and calmness will be missed by Jos, the Team, by the Board and the members. I would like to personally thank her for the years she has given to our members and our organisation.

Two years ago, the Board decided sustainability would be a key focus for the MGA and we have worked to establish an ideas bank and sustainable initiatives for members. Sustainability is a nebulous term, as a concept it has real benefits for businesses, consumers and the planet. The MGA has decided to Partner with Imfree to build MiPlanet, a digital consumer platform that rewards consumers for the planet friendly choices they make while shopping at an independent store. In the MGA Board assessment, never before has the Independent Membership been given the opportunity to lead technical innovation in the Australian Retail Sector. MiPlanet represents this opportunity. The technology is built on the next generation block chain, is mobile, and functions in real time. MiPlanet will be trailed in SE Queensland in November 2021. COVID 19 turned so many lives, businesses, and structures upside down. The disruption caused opportunities for the Federal Governments to review IR legislation to promote economic growth.

Despite COVID 19 stifling commerce and making travel impossible, the MGA Team continue providing advocacy on the things that matter to our members. The Reserve Bank, the ACCC, and the Fair Work Commission have all received submissions from the MGA in matters that affect the membership. These submissions included IR Reform, Merchant Card Transaction Fees and Illicit Tobacco. Policy engagement occurred with States and Territories including Single Use Plastic Bans, Sustainability, Liquor, Tobacco, and Trading Hours. As Australia is a federation, each state has different legislation and frameworks for compliance. The Team at the MGA have to be across all of them.

The 2020 Annual meeting also saw the retirement of Mick Daly, the longest serving Board Director. Mick is a champion of the independents and was instrumental in setting up the MGA as a national body. Mick has been replaced by Ripple Parekh. Ripple is from Sydney and has been a great contributor to the board all year. Over the past twelve months the Board feels the MGA has made great strides forward despite operating in such a difficult environment. The organisation has put in a great deal of time and effort to provide members the services they need, and in addition we are actively making plans to capitalise on opportunities which we believe will arise in a post COVID world. I would like to take this opportunity to pay tribute to The Directors, Jos and the team, and our Corporate Partners for the support they’ve provided our members in 2021.

Jos and the team were heavily involved with government, industry stakeholders and the union movement in IR Reform working groups, to develop regulation for post pandemic economic recovery. Jos, Marie, and the union movement led the way to Debbie Smith | MGA Board President mga.asn.au | 2021 | Annual Report


ANNUAL REPORT

MGA’s committed and dedicated Board of Directors has representation from all states and territories. Directors have been active in developing policies and addressing and allocating MGA resources to help meet the needs of members.

MGA TMA Staff S TA F F A S AT 3 0 J U N E 2 0 2 1

Marie Brown NATIONAL IR & LEGAL COUNSEL

David Mostokly SENIOR IR LAWYER

Catherine Flannery-Sweet IR LAWYER

Angeline Lee IR LAWYER

Sue Macleavy FINANCE MGR

Jos de Bruin CEO

Rebecca Mullin

COMMUNICATIONS & ADMINSTRATION MGR

Olivia Trabanino ADMINISTRATION

Cindi Damian

GRAPHIC DESIGN & COMMUNICATION

Vinnie Chen GRAPHIC DESIGN & COMMS ASSISTANT

Mark Paladino TRADE MARKETING & BUSINESS DEVELOPMENT

Claire Wilson TRAINING COORD

Marie-Claire McKiernan NATIONAL MGA TMA MEMBERSHIP MGR

George Kovits

NATIONAL LIQUOR MEMBERSHIP MGR

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6

ANNUAL REPORT

CEO’s Report First and foremost, I wish to sincerely thank all MGA TMA staff members. Ever since COVID restrictions and Lockdowns commenced in February 2020, MGA TMA’s staff have not missed a beat. MGA TMA’s team has worked from home for more than 180 days in this financial year. I thank them for their dedication and commitment to supporting members in these challenging times. Farewell and best wishes to our wonderful colleague Marie Brown, MGA’s National Legal Counsel who decided to retire at the end of this financial year to pursue her many interests outside of work. Over almost 15 years, Marie has been a leader and beacon of support for

Thank you to long serving Director Mick Daly who was a driving force for family and privately owned business members. In almost 20 years of service, Mick oversaw the growth of MGA from a state-based association into the national industry organisation that it is today. Mick stood down from the Board in December 2020 - thank you Mick. Mick Daly

Marie Brown’s last day after 15 yrs

MGA’s members around Australia. We also farewelled Ann Sanfey, who worked tirelessly over the past almost 3 years to transform the Timber Merchants Association into a national Timber and Hardware Organisation representing independent timber and Peter Alexander & Ann Sanfey

hardware businesses around Australia. Ann set up a solid foundation for the growth and development of the MGA TMA. Welcome to Marie-Claire McKiernan who was appointed to replace Ann as MGA TMA National Membership Manager.

A warm welcome to incoming Director Ripple Parekh, whose family owns community grocery and supermarket businesses in NSW and Qld. Ripple brings several skills and capabilities to the Board, particularly knowledge acquired through their businesses located in remote and regional areas of NSW.

Ripple Parekh

A special thanks to Peter Alexander, President of the MGA TMA Management Committee and Vice President Richard Hill - together with Committee members - for their dedication and support in developing and growing MGA TMA into a truly national Timber and Hardware Organisation.

A big thank you to MGA TMA’s Board of Directors, led by President Debbie Smith (QLD) and Vice President Grant Hinchcliffe (TAS). MGA TMA’s Board has been quite challenged over the past 12 months coping with running their own businesses as well as MGA TMA’s business, together faced with no travel restrictions imposed to attend Board meetings, rather video meetings. The Board have dealt with these challenges terrifically well from afar.

MGA TMA Committee

mga.asn.au | 2021 | Annual Report


ANNUAL REPORT

For MGA TMA and all members around Australia, FY2021 has been a very tough and challenging year, coping with the COVID-19 pandemic and all that comes with it. The very fortunate element for our members, is that our industry sectors have been classified as essential, meaning we have been able to continue trading in a Covid-safe manner.

A highlight in this financial year was MGA TMA’s involvement with Federal Attorney General Christian Porter’s IR Reform Working Groups. The Attorney General and the Federal Government recognised MGA TMA as an organisation with a high profile and deep credibility and integrity, in the family and private business sector.

Another year passes without the opportunity to meet and network with members at various regional meetings, national expos, conferences and store of the year events. MGA held its National AGM in November virtually online achieving wonderful attendance from across Australia. Meeting face to face with members is definitely a priority as soon as borders are able to open, with lockdowns a restriction of the past, we can move around freely again.

In early 2021, MGA TMA and the ACTU jointly applied to the FWC to insert a schedule in the GRA to enable part-time employees to work additional hours at ordinary rates of pay.

Regrettably the well-intentioned national approach to the COVID-19 pandemic took a turn with states and territories taking matters into their own hands by imposing various “sledgehammer” restrictions and lockdowns commensurate with the severity of COVID-19 outbreaks in each jurisdiction. We have experienced Premiers imposing state and territory border closures, lockdowns including curfews, distancing rules, mask wearing and QR check in codes mandated. These measures seriously impacted one big part of the Australian community – small, family and private businesses. Without income and with hefty debts these business owners struggled, laying off staff and doing the best they could to just survive. MGA TMA was involved in many discussions with the Federal Government in regard to various business support measures including, the Cash Flow Boost grant, Job Keeper, Job Seeker, Job Maker and Job Saver programmes - all of which have been very effective to keep businesses afloat and employees attached to their employers when locked down. State and Territories also assisted with rent relief schemes, waiving payroll tax, reducing land tax and other license fees and additional cash flow boosts.

MGA TMA’s Board, together with staff, have committed to focussing on the next urgent issue facing our members reducing members carbon footprint. Introducing the principle of a Circular Economy to members around Australia is a key focus for the MGA TMA team, behind industrial relations. Massive savings can be derived by reducing, or eradicating, crippling waste management costs and avoiding landfill by implementing a range of sustainable solutions in members’ businesses. The aim is for members to earn carbon credits and actually make money from their waste. Many other matters have been addressed in the various States and Territories as can be seen further on in this report. We are privileged as an organisation to be invited to meetings and forums, representing our members, for consultation on a breadth of issues and matters. Thank you for the privilege of leading this terrific organisation.

Jos de Bruin | CEO MGA Independent Retailers

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ANNUAL REPORT

Team of Professionals Meet the Team

Jos de Bruin

Rebecca Mullin

Olivia Trabanino

Marie Brown

Cindi Damian

Vinnie Chen

Claire Wilson

David Mostokly

Catherine Flannery-Sweet

Angeline Lee

Sue MacLeavy

Mark Paladino

Marie-Claire McKiernan

George Kovits

Marie Brown

mga.asn.au | 2021 | Annual Report

Sue MacLeavy

Mark Paladino

George Kovits

Ann Sanfey


ANNUAL REPORT

Finance and Member Engagement FINANCE REPORT In FY 2020/21 MGA TMA made a net operating profit of $124k, this profit was driven by three main factors, primarily by legal & IR Services and a reduction in operating costs as well as an increase in membership income across a range of services and government assistance. The Government assistance included the continuation of the Federal Government Job Keeper and Cash Flow Boost, which carried through to September 2020 and the WA State government payroll tax rebate. The reduction in operating costs is entirely due to nationwide lockdowns restricting a wide range of activities MGA would normally undertake to promote relationship and affiliation activities. It also restricted the ability of the MGA board to meet in person as well as preventing the executive management team from travelling interstate to represent, in person, MGA members, with most meetings conducted virtually.

MEMBER ENGAGEMENT MGA and MGA TMA members around Australia continue to rely upon the strong support service that MGA TMA provides. For the price of an all-inclusive membership fee, members can avail themselves to MGA TMA’s highly skilled and capable team for advice and support pertaining to many “back of house” matters, whether they are Legal and IR, training or local advocacy matters.

16 466

256

459

493 45 760

TOTAL

MEMBERS

2578

83

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ANNUAL REPORT

Federal Government - IR Reform Working Groups MGA TMA has been receiving feedback from members for more than 10 years regarding the very complex and inflexible Award and IR system when employing staff and offering staff additional working hours. In a bid to immediately super charge Australia’s post COVID-19 employment growth and create additional hours of work in the workplace, the Federal Government, through the Attorney General and Minister for Industrial Relations, initiated the formation of five working groups. This process commenced in July 2020 and was completed by October 2020. MGA TMA, together with COSBOA, played an active role spending countless hours contributing to 3* of the 5 IR Reform Working Groups that were formed – Award Simplicity*, Casual definition*, Compliance and enforcement*, EBA’s and Greenfields. Katie Allen MP (top right) and Christian Porter AG (bottom centre)

MGA TMA was particularly focused on - Permanent Part time Flexibility - Casual Employee Definitions - Loaded Rates - for smaller businesses. Recap of process

» Collectively we spent over 100 hours in working

group meetings, as well as countless additional hours committed to considering papers, proposals and solutions, with significant work occurring outside the formal meeting process.

» We also attended separate workshops and sub-

groups to facilitate further collaboration and understanding of positions with the aim of reaching consensus.

Industry Group CEO’s IR Reform

» In addition, we attended five out-of-session

presentations with experts ranging from the head of the Treasury, regulatory technology, mental health in the workplace and skills and employment recovery to the Australian Taxation Office’s tax ruling regime.

» We also heard from over 53 external experts across

business, employee groups, workers, legal and other professionals with expertise or interest in achieving effective reform. IR Reform Meetings with Industry Bodies February 2021

MGA TMA thank the Federal Government for the opportunity to be involved. MGA TMA has worked tirelessly and constructively in each of the working groups towards IR Reform solutions that encourage employment creation.

mga.asn.au | 2021 | Annual Report


ANNUAL REPORT

Marie Brown MGA’s National Legal Counsel Retires Commencing in 2007 and after almost 15 years as MGA’s National IR Legal Counsel - Marie Brown has decided to leave the day-to-day challenges and member interactions of MGA to pursue her many other interests in life. Over the past many years Marie has endeared herself to many members around Australia, going out of her way to help and assist with a myriad of workplace issues and matters that confronted members. Members have often commented, that, “Marie is one of the most positive and resilient people I have ever met and someone I can always rely upon. Marie has been the long-standing cornerstone of the MGA organisation and has been an absolute steady “rock” in times of challenge and adversity, as well as a driver of MGA success. Through Marie’s herculean efforts over the journey to where we are today, the MGA IR and Employment Law team has grown an extraordinarily high profile within our industry sector, becoming the envy of other industry organisations. MGA’s culture of “how can I help” is exemplified in Marie’s everyday work life. Small, medium, and large sized members have all become accustomed to Marie’s can-do attitude and commitment to assisting with the myriad of workplace issues that are set before her. There have been countless achievements over the years; including reducing Sunday Penalty Rates from 200% to 150%, Annual Wage Reviews, Competition Law Reform, engaging with the Fair Work Commission on various matters, and being invited to participate in the former Attorney General and Minister for Industrial Relations IR Reform Working Groups in 2020 and 2021. Marie’s legacy will not be lost – We have a formidable, dedicated, and skillful Industrial Relations and Employment law team comprising of 4 lawyers and I am pleased to announce that Marie will not be completely lost from MGA, as she has agreed to remain in a mentoring, guiding and coaching capacity for the IR Team for a day per week, for the foreseeable future. Please join me in warmly congratulating Marie for the over and above professional service and support she has given to all our valued members and MGA, over the past almost 15 years. We wish Marie and Ian well in their new journey of life outside of MGA.

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ANNUAL REPORT

Industry Stakeholders and Colleagues FY2021

Franklin dos Santos,Foodland CEO.

Con Sciacca, Foodland (outgoing) CEO hands oer the reins to Franklin dos Santos (above, incoming) Foodland CEO.

mga.asn.au | 2021 | Annual Report


ANNUAL REPORT

Corporate Partners MGA TMA’s Corporate Partnership program, managed by MGA’s Trade Marketing and Business Development Manager Mark Paladino, has continued to provide strong local and national support, products, and services to our members around Australia. These Corporate Partners have demonstrated incredible resilience and outstanding support to provide continued and unwavering commitment to our members, during the difficult COVID-19 pandemic trading conditions of the past 12 months. From closing distribution and production facilities, to standing down employees and asking staff to take annual leave and work 3 days per week in some instances, has been extremely difficult. MGA TMA, is also pleased to report that our current Corporate Partners have remained engaged and committed to our members continued success, recently being joined by liquor suppliers Pernod Ricard and CUB. MGA TMA’s Board of Directors, MGA National Liquor Committee, TMA Management Committee and our members nationally, thank our Corporate Partners for their commitment and continued support, which allows independent and family business to be strong and healthy, relevant to their customers, trade well, and continue to deliver a ‘local and customer friendly’ experience, in a very competitive sector.

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ANNUAL REPORT

Legal and IR Team The MGA TMA Legal and IR team is dedicated to “Making Life Easier” for our members. IR Topics by Total Contacts: 5302

IR Topics by Total Hours: 2144.01

CONTACTS

HOURS

MGA TMA’s Legal and IR Team consists of four qualified lawyers dedicated to resolving our members’ employment-related queries. The team is committed to serving our members’ business interests, in particular advising on varied queries arising from supermarket, grocery and bottleshop operations, timber and hardware, timber manufacturing, and other business areas. Valued team members, David Mostokly (Senior Workplace Relations Lawyer) and Marie Brown (National Legal Counsel) departed from the team in 2021. The team is now led by Workplace Relations Associates, Catherine Flannery-Sweet and Angeline Lee, and continues to build strong and trusting relationships with members across industry sectors and Australia. We also welcome to the team Workplace Relations Lawyers, Jenny Nguyen and Aimee Lyons. The 2021-2022 financial year continues to present a time of challenge and change for our members, with significant pressure created by the prospect of further wage growth given difficult economic circumstances. Challenges presented by COVID-19 also continue to impact members. The team has supported and served Members through these unprecedented times by providing quality and timely advice, delivering Employment Law Webinars, submissions to State and Federal governments and regulators as well as representing Members in matters before commissions and tribunals.

Annual Wage Review The MGA TMA Legal and IR Team prepared and made extensive submissions in respect of the Fair Work Commission (FWC) Annual Wage Review 2021. Economic research and member consultation was undertaken for our submissions. In light of heavy economic and financial pressures on our members, created by significant previous wage increases, the lingering imp act of COVID-19 and the 2020 bushfires, MGA TMA advocated for a 0% increase to award rates for FY2021.

Justice Iain Ross delivering AWR 16June21

The FWC handed down its decision in May 2020 to increase minimum wages by 1.75% in February 2021 and again in May 2021, the FWC

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ANNUAL REPORT

announced a minimum wage increase of 2.5% from 1st September 2021 for all employees under the Federal modern award system.Although this presents a higher increase than anticipated, there is a degree of respite with the dates of the FY2021 increase staggered across different awards. In respect of Timber Industry Award wages, the increase took effect from 1 July 2021. For wages under the General Retail Industry Award (GRA), the increase took effect from 1 September 2021. In publishing its decision, the FWC opined that supermarket businesses “have not been adversely impacted by the pandemic to any significant extent” and that future lockdowns in states and territories “will be of limited duration and localised”. However, it remains the reality for our members in the retail sector that previously significant wage increases, and increased penalty rates continue to impose considerable hardship. Further, extensive lockdowns continue to plague members far into 2021, particularly those located in New South Wales, Queensland and Victoria.

Amendments to the Fair Work Act 2009 – Casual Employees After extensive work done by MGA TMA, and in a bid to support Australia’s Jobs and Economic Recovery, the Fair Work Act 2009 (FWA) was amended with changes taking effect on 27 March 2021. The recent amendments have altered both the obligations and the entitlements for casual employees. The main amendments to the FWA include the following:

• all casual employees must receive a casual employment information statement.

• a definition of casual employment; and

• new pathways for casual employees to become permanent employees.

The recent changes to the FWA had a domino effect, such as required changes to the modern awards, mga.asn.au | 2021 | Annual Report

including the GRA. MGA TMA has played a significant role in advocating for members’ interests in the modern award changes at the FWC.

Amendments to the General Industry Award (GRA) MGA TMA Legal and IR team provided members with all the support that was available in respect of workplace relations advice throughout the financial year 2019/ 2020 and helped members meet the challenge of the coronavirus pandemic. We will continue to support the membership into the future and look forward to a new robust economic environment in 2021.

Christian Porter wrote to the FWC expressing the need for the introduction of simplified pay arrangements in the form of loaded rates in Awards. This was proposed by MGA TMA and COSBOA in the IR Reform Groups, a part of a Small Business Award discussion, hosted by Christian Porter. In response to Christian Porter’s request, the FWC invited several industry groups, including MGA TMA to work closely and constructively with the FWC team to produce a draft determination scheduling a detailed loaded rate arrangement. The loaded rates matter is a work in progress, with MGA TMA waiting to receive comments on the draft determination of MGA TMA’s loaded rates proposal from the FWC team before MGA TMA officially files an application to vary the GRA to include a loaded rate arrangement.

Part-time flexibility in the General Industry Award Paid family and domestic (GRA) violence leave review MGA TMA has contributed significantly to advancing members’ interests in respect of flexibility in rostering parttime employees. As an extension of our work, as part of Christian Porter’s Working Groups, part-time flexibility was achieved to enable members to offer current part-time employee’s additional hours of work with ease, as well as support de-casualisation of the workforce. In early 2021, MGA TMA and the ACTU jointly applied to the FWC to insert a schedule in the GRA to enable parttime employees to work additional hours at ordinary rates of pay. After numerous submissions and significant discussion with the FWC, the FWC published an amendment to the GRA which enables members to provide part-time employees additional hours of work at the ordinary rate of pay, subject to compliance with simple procedural requirements.

Loaded rates in the General Industry Award (GRA) In late 2020, amidst the COVID-19 madness, the former Attorney-General

In March 2018, the FWC varied 123 modern awards to include an entitlement to 5 days unpaid family and domestic violence leave during the 4 yearly review of modern awards. In its review, the FWC proposed to conduct a review of the unpaid leave entitlements in June 2021 to determine whether employees should have access to paid personal leave for the purpose of taking family and domestic violence leave, and whether any changes are needed to the unpaid leave model term. MGA TMA is advocating against the inclusion of 10 paid days of leave in the GRA for reason of family and domestic violence, as this would result in an extremely burdensome cost for businesses. MGA TMA is of the view that any paid leave for the purpose of family and domestic violence should not come from the pockets of independent retailers. MGA TMA is due to file submissions opposing these proposed variations to the modern awards in November 2021.


ANNUAL REPORT

17

Industry Training The last twelve months have been, and continue to be, a challenge. In addition to the pandemic, members not only had to navigate through the pandemic and government rules, but also survive bush fires, mice, and locust plagues, even floods. To say it was a tough year is an understatement, with members’ energies more invested in the day-to-day operations.

The focus is shifting back from the disruption of the last twelve months and returning to compliance matters, to ensure all employees are trained and hold the appropriate certificates. Over the 2020-2021 period, face-to-face training has also altered. Government departments and employers are recognising not only the cost benefits of going online, but also the flexibility online training provides. MGA Industry Training has been developed to deliver online training and we are investigating how to improve our website information to purchasing the course to the product themselves. Over the last 12 months, MGA Industry Training has experienced many highlights. These include being agile by moving the face-to-face Victorian RSA course to the virtual classroom with considerable registrations.

MGA Industry Training has continued our relationship with NSW Food Authority and their Food Safety Supervisor course, with timely delivery of their directives and course updates. We are one of few RTOs to offer a refresher course to members and the public. MGA Industry Training has continued our relationship with Access Canberra with another year of approval, offering both ACT RSA course and ACT RSA refresher course online. MGA Industry Training is one of few RTOs that offer both full accredited courses, as well as the ACT refresher course.

MGA Industry Training has been approved to deliver the Victorian RSA (SITHFAB002) as an online course. This will benefit all our members in metro and regional Victoria. We are currently focused on our application to deliver the NSW RSA course online. MGA Industry Training is an approved online provider for the exclusive compliance course for Registered Organisation‘MGA Finance and Governance Training for Registered Organisations”, being the first organisation to offer this course online (no virtual classrooms). MGA TMA Creswick Timber Knowledge 2 Day Course

The two-day course with Creswick provided a face-to-face class on timber knowledge with a focus on theory and practical on the second day. We look forward in continuing this quality training for our MGA TMA members.


18

ANNUAL REPORT

MGA Industry Training is working closely with the Tobacco Station Group to deliver state tobacco courses online and improve their processes. Our relationship has been confirmed for the period 2021/2022.

MGA Industry Training continues the relationship with ARA to offer members access to full qualifications for retail and other short courses. The future for MGA Industry Training is steady. Our mission is to support our members with their needs and requirements. There will be more resources on our Training website soon, not only for the Food Safety and RSA, but for other areas of operation, such as Measure, Weights, and Pricing. MGA Industry Training strives to offer the best customer service as a Registered Training Organisation. With strong procedures in place to ensure RTO standards are met, MGA TMA looks forward to further growing and supporting members.

mga.asn.au | 2021 | Annual Report


ANNUAL REPORT

19

Advocacy and Industry Representation Advocacy and Industry Representation issues MGA has addressed at Federal and State Government levels on behalf of members:

Keeper, Job Seeker, Job Maker, Job Saver, cash flow boosts and rent relief, as well as tax relief.

• Engagement with FWC, ATO, Fair

Work Ombudsman, ACCC, Human Rights Commission, Small Business and Family Enterprise Ombudsman and COVID-19 Business Recovery Commissioner – new power.

Treasurer Josh Frydenburg Budget Overview

Federal A. Industrial Relations a. Annual wage review 2021 b. Permanent part time flexibility c. Wage theft d. Casual employee definition e. Sexual harassment f. Junior wage rates g. Domestic family violence leave h. FWC loaded rates project B. Temporary Visa – COVID-19 408 – Hospitality and Tourism only

Katie Allen Budget Summary October 2020

9. Payroll tax 10. Small business advisory councils

Federal MGA has engaged with Federal Ministers and Shadow Ministers about the following matters:

COVID-19 Pandemic • Australians have been plagued by

lockdowns, shutdowns and movement restrictions around Australia - MGA is a member of several Federal

C. Illicit tobacco

E. ACCC - competition matters

State 1. State COVID-19 business economic recovery committees

5. Container deposit schemes / single use plastic item bans 6. Tobacco laws 7. Packaged liquor 8. Debilitating energy costs

funding support for mental health programs - over $2b set aside.

A. Industrial Relations a. The FWC Annual Wage Review Panel – on 16 June 2021 the FWC handed down its decision to award a 2.5% wage increase. This increase will be delayed for the General Retail Industry Award until 1 September 2021.

• Based upon an extensive

• There will be a 0.5%

superannuation guaranteed contribution increase from 9.5% to 10% from 1 July 2021.

2. Sustainable supermarkets – waste management 4. Trading hours

• Advocated the Treasurer for additional

member survey MGA sought a zero / nil increase or a small, delayed increase. The arguments for this recommendation centred on the need for the economy to recover from COVID-19 effects.

D. Least cost routing - reduce merchant payment fees

3. Planning, zoning and development

COVID-19 - Mental health for family and private businesses

Home Affairs Food Security Forum Oct 2020

• The ACTU sought a 3.5%

Government forums.

• The past 4 years has seen a

• Department of Home Affairs

Supermarket Task Force / Food Security Group.

• National Treasury Forums - Job

increase to all awards.

11.55% increase in wages - the last increase of 1.75% was on 1 February 2021. The newly announced 2.5% increase plus the past 4 years of increases =


20

ANNUAL REPORT

14% plus 0.5% SCG increase to (10%) = Total increase = 14.55%. b. Permanent part time (PPT) flexibility (work in progress)

• MGA and ACTU (SDA & AWU)

jointly applied for a schedule to be inserted into the Award to allow PPT flexibility. Justice Iain Ross from the FWC has determined the GRA will be varied – (not a schedule).

• Employers will be able to offer

additional hours of work to a part time employee and will not pay for the additional hours of work at overtime rates. (This was included in the Omnibus Bill but did not get through).

c. Wage theft

• Attorney General’s Working

Group recommendations to criminalise wage theft in the Omnibus Bill did not go ahead.

d. Casual employee definition (work in progress)

f. Junior wage rates

• Junior wage rates were removed by the Fair Work Commission from the General Retail Award from Level 4 and upwards as from 1 February 2021.

g. Domestic family violence leave (DFVL) (work in progress)

• The Fair Work Commission

has commenced a review of domestic family violence leave in Awards. It is proposed that consideration be given to payment for domestic family violence leave and the adequacy of unpaid domestic violence leave currently.

• The enquiry is expected to be heard later this year.

• MGA has opposed this proposal

advocating support for DFVL should be forthcoming from the Federal Government and not employers.

employee will allay member fears of having a casual employee “double dipping” - paying annual leave for consistent and systematic hours of work.

working on a simplified loaded rates model to help smaller businesses comply with onerous Award compliance and make it easier for them to employ more staff. MGA is modelling a loaded rate for weekdays and one for weekends.

• A Senate Inquiry investigating

B. Temporary visa – COVID-19 408 – Hospitality and Tourism only

Richard Marles Deputy Labor Party Leader

e. Sexual harassment (work in progress)

a. The unintended consequences of introducing this legislation will be the supplantation of the workforce from members’ businesses to hospitality and tourism sectors. b. Temporary visa holders may work a maximum of 20 hours per week.

• Proposed inclusion of an

c. The COVID-19 408 visa will allow temporary visa holders to extend their visas by 12 months and work in excess of 20 hours per week.

offence in the Fair Work Act that provides for termination of employment on the grounds of sexual harassment. Complaints were previously made under the Human Rights Act.

• Members are being encouraged

mga.asn.au | 2021 | Annual Report

• MGA together with the FWC is

Other Matters

• There are new rules around the

to have their policy on sexual harassment available to all employees and conduct training annually.

h. FWC loaded rates project (work in progress)

the merit for the Fair Work (supporting Australia’s Jobs and Economic Recovery) Bill of proposed amendments to the Federal Parliament. (MGA Consultation)

• The definition of a casual

requirement to provide a casual employee with the opportunity to become permanent which must be completed by midSeptember 2021.

Shadow IR Minister Tony Bourke Sept 2020

Anthony Albanese Leader Labor Party


ANNUAL REPORT

d. MGA is engaging with Minister for Immigration and Minister for Small Business to allow this policy to be extended to the retail sector.

and not risk losing dual network cards (eftpos and global card). The four banks must look to significantly reduce increasing merchant payment fee costs b. MGA formed the Fair Merchant Payment Fees Alliance with other employer organisations. E. ACCC matters currently being addressed: a. Member of ACCC Small Business and Franchise Consultative Council.

Minister Karen Andrews Cyber Security April 21

C. Illicit tobacco (work in progress) a. Costing our industry sector $300m in sales per annum – MGA has been actively engaging with the Minister for Borders and Minister for Home Affairs, the Federal Government Black Economy Task Force, Treasury and other government and regulator levels to strengthen laws and increase enforcement resources.

b. Oppose Woolworths acquisition of PFD – submissions, forums and consultation – despite MGA’s and other organisations strong representations, the ACCC could not find strong facts and evidence to suggest that the PFD acquisition by Woolworths would substantially lessen competition. National suppliers were not forthcoming with any concerns. c. Shopper dockets - “4 cents per litre enforceable undertaking” continues.

e. Investigate Employsure - misleading marketing, promotional & contract behaviours. F. Country of Origin labelling a. Currently reviewed by National Measurements. MGA is involved with the review of in 2021. G. Unfair Contract Terms a. Further strengthen contract terms that better protect family and private businesses. Lift the contract value threshold to $10m. H. Company Tax reductions a. MGA is supporting the fast tracking of reductions to 25% for small businesses with $50m or less in sales in FY2022. Currently 26%. I.

Small Business Advisory Councils a. NSW: MGA a member of the Small Business Commissioner Small Business Round Table. b. MGA is a member of the Australian Small Business and Family Enterprise Ombudsman’s (ASBFEO) working groups. c. MGA is a Member of the Council of Small Business Organisations of Australia (COSBOA)

ACCC SBCC Meeting Rod Sims Craig Kelly MP 2020

b. State Governments have also been engaged to put upward pressure on the Federal Government.

d. Unsustainable merchant payment fees and least cost routing for members – work in progress. Kate Carnell

d. QLD: MGA is a member of the Small Business Commissioner’s Small Business Round Table.

D. Least cost routing – reduce merchant payment fees a. MGA is engaging with the Federal Government, RBA, ACCC and eftpos to introduce least cost routing as a default mechanism

ACCC SBCC Meeting with Rod Sims

QLD Round Table COVID Recovery Meeting

21


22

ANNUAL REPORT e. VIC: MGA is a member of the Small Business Commissioner’s Small Business Commercial Tenancy Relief Scheme & Business Support Group. J. Circular Economy - Sustainability – Waste Management Solutions a. MGA’s historical joint venture with corporate partner, Aussie Energy to form a “Social Enterprise” company, Australian Circular Economy Solutions Pty Ltd. (ACES) launched. b. Focus on environmental and socially responsible management solutions to help businesses reduce cost of waste pickups and negative consequences associated with waste being sent to landfills, reducing annual quantities of CO2 equivalent gasses into the atmosphere. c. Supermarkets generate an enormous amount of waste tonnes and tonnes - and it is costly to get rid of. d. Organic waste i. Vegetables and produce - Out of code dairy products (yoghurts, dips & cheeses), meats, chicken, bakery, paper toweling, delicatessen items coffee grinds and cooking oil, wood saw dust, timber off cuts and shavings. e. Non-organic waste i. Plastic soft and hard (pallet shrink wrapping), cardboard, rubber gloves, paper towels, foam vegetable and fruit trays, Styrofoam, plastic punnets, foil etc. ii. ACES will develop a unique Circular Economy Solutions programme for members via a sustainable supermarket business programme. K. NSW Bin Trim programme

management C. Planning, zoning and development D. Trading hours E. Container deposit schemes / single use plastic item bans F. Tobacco laws G. Debilitating energy costs H. Payroll tax I. Small business advisory councils

State COVID-19 business recovery committees

QLD Round Table COVID Recovery Meeting

A. MGA is a member of a number of State and Territory COVID-19 business economic recovery committees. a. Meetings held weekly and fortnightly during the financial year. b. Many issues and opportunities discussed included: removing red tape for members to home deliver, rental relief schemes and assistance, payroll tax relief, return to business opening strategies, Job Keeper, Job Maker, Job Seeker, Job Saver matters, COVID-19 work practises, restrictions and business information tools, industry training and development.

NSW Treasury presentation Sept 2020

VIC. Business Recovery Committee Jaala Pulford Small Business Minister Oct 20

c. Queensland Premier and Small Business Commissioners’ COVID-19 Business Economic Recovery Committee.

VIC Small Business Minister Jaala Pulford meets COSBOA

QLD Minister Sml Business Di Farmer & SBC Maree Adshead April 2021

a. MGA has been conducting Waste and Energy Audits & Assessments in more than 120 NSW IGA stores, with NSW Government support.

VIC Sml Bus Minister - Mtg 9 June 21

State matters A. State COVID-19 business economic recovery committees B. Circular economy – waste Maree Adshead QLD Small Bus. Commissioner mga.asn.au | 2021 | Annual Report

VIC Mtg Jerome Weimar Lock Down 25 June 21


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d. NSW Treasurer and Small Business Commissioners’ COVID-19 Small Business Economic Stimulus Committee.

C. Planning, zoning and development matters are a major concern. a. MGA has been strongly advocating state governments:

e. Victorian Small Business Minister and Small Business Commissioners’ COVID-19 Small Business Recovery Committee.

d. WA i. MGA is a member of the WA CDS taskforce.

i. Council consistency – require and follow state planning and development guidelines to give family businesses the confidence to invest back into their businesses and to innovate. ii. Stop unfair crowding out of our members by the Chains – reducing consumer choice and stifling competition.

VIC Small Bus Commissioner Tenancy Relief March 21

iii. A relief for all members on the NSW side of the Murray River.

ii. WA CDS was launched in November 2020. iii. MGA will endeavour to maximise opportunities and minimise costs for members. iv. MGA member of WA Single Use Plastic Item Ban Taskforce – 1st meeting July 21. e. QLD i. MGA is a committee member of the QLD Single Use Plastic Item Ban Taskforce led by Department for the Environment Director.

D. Trading hours

• WA Christmas and New Year - MGA f. WA Small Business Minister’s Small Business Covid-19 Economic Recovery Group.

will lodge a submission with WA Attorney General to maintain the status Quo for Christmas 2021 and the New Year 2022 – no change 2020/2021.

• QLD 5 Year Trading Hours

• SA Christmas and New Year trading

F. Tobacco laws

Moratorium commenced August 2017. 1.3 years remain for MGA and the Palaszczuk Government to seek a solution to “future proof” Queensland independents. hours – MGA will advocate for no changes to last year.

E. Container deposit schemes (CDS) Minister Paul Papalia & WA Ross Anile Feb 21

a.

i. To support members with their waste management practices embracing principles of the circular economy. ii. Current enormous business cost of waste disposal for members that is escalating. iii. Federal and State Environment Departments to communicate opportunities in our industry sector to assist members reduce their waste costs and avoid landfill. iv. MGA is applying for various grants to assist members.

TASMANIA i. Member of the Tasmanian Department Environment CDS Task Force with TIR

B. Circular Economy – waste management (priority) a. MGA has strongly advocated Federal and State governments:

ii. QLD CDS – launched November 2018

b.

NSW i. Launched December 2017 – very messy and costly system. Members have adapted. A call has been made by Tomra to place additional RVMs with MGA members. ii. NSW / VIC border issues – MGA has secured additional temporary relief support for NSW members along the Border - 37 outlets. This will continue for short term.

c. VICTORIA i. A CDS will not be introduced into Victoria until 2023. ii. MGA is a member of the Victorian CDS taskforce.

1. M GA is a member of the QLD CDS Taskforce. Working well with little cost or red tape impact on members. This is a Notfor-Profit model.

a. MGA’s Tobacco Training module for all states and territories is free for members and has been endorsed by state governments and territories. b. E Vapourisers / E Cigarettes: MGA has been advocating for uniform and consistent federal and state government policies concerning E Vapourisers. MGA members must be able to stock, market and sell Vapourisers. i. MGA opposes the proposal for E Vapourises to be prescribed by a doctor and then obtained from a chemist. c. NSW: MGA is a member of the NSW Tobacco Control Committee. No imminent changes. d. Victoria: MGA is a member of the Consultation Committee Presiding Over the Tobacco Control Act – no imminent changes.

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e. QLD: MGA engages with the Department of Health (Minister for Health). There are no imminent changes and particularly nothing new in regard to tobacco licences. f. WA: MGA engages with the Department of Health (Minister for Health). There are no imminent changes – particularly nothing new in regard to signage. i. MGA advocated against law changes concerning the downsizing of instore Tobacco Product Sign Boards from an A3 size to A4. Highly impractical. ii. The Minster has advised that MGA lodge a submission for the next review of the 2020 Tobacco Control Act. g. QLD illicit tobacco: Discussions have ensued regarding the illicit tobacco phenomenon in QLD and possibility of introducing a tobacco licence to curtail illicit tobacco from being sold. h. TAS A Watch Out: A bill to ban the sale of cigarettes to Tasmanians aged under 21 is now “off the table”. Independent member for Windermere was expected to introduce the legislation - a first in Australia - to the Upper House in 2020. It was withdrawn due to a lack of support. MGA and others lodged submissions successful in opposing this Bill. G. Energy costs: Addressed with relevant state ministers and their departments at every opportunity. Each state has a different system and ownership structure for electricity generation and electricity retailing adding complexity, confusion and costs.

I.

Small business advisory councils a. QLD: Debbie Smith, FWks Toowoomba is a member of Qld Small Business Advisory Council. b. NSW: MGA is a member of Small Business Commissioner Small Business Round Table. c. Victoria: MGA and Tony Ingpen, Supa IGA Mount Evelyn, is a member of the statutory Small Business Advisory Council.

COSBOA – Council of Small Business organisations of Australia After a very busy and productive six years as a Director on the Board of COSBOA, MGA TMA CEO, Jos de Bruin, stepped down by way of rotation. A great deal has been achieved on behalf of the family and small business sector. Through the leadership of CEO Peter Strong and Chairman Mark McKenzie, COSBOA’s credibility and profile has risen to unprecedented levels, having become the “go to” organisation for Federal and State Governments when determining small business policies and budget settings. During bushfires, floods, storms, and now COVID-19, COSBOA has stood behind and supported small and family-owned businesses at all levels of government and key regulators, ensuring they receive the support needed during these challenging times. MGA TMA is now a very active Council member, participating in many workstreams, including IR reform, Covid-19 business recovery and related groups, merchant payment fees and much more. CEO Peter Strong has announced his retirement to take place in August 2021. Peter has been an outstanding CEO and has endeared himself to small businesses, governments and the media. Alexi Boyd will replace Peter as CEO. As the beacon for small, family and privately owned businesses around Australia COSBOA was awarded by the Federal Small Business Minister, the privilege of creating, developing and implementing the “Go Local” campaign, encouraging locals to shop at their local businesses. This campaign has been an outstanding success.

H. Payroll tax – As a debilitating tax on employment, MGA continues to voice strong concerns that this tax is a handbrake on employment growth, particularly, as we emerge from COVID-19. a. Payroll tax relief or deferment was given by some state governments during COVID-19 in 2020. States and territories raise $22b per in revenue from payroll tax. Go Local First - Sml Bus Minister Cash and Katie Allen 21 Sept 20 mga.asn.au | 2021 | Annual Report


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PM Scott Morrison launches COSBOA Enterprsing Girls Program

Jos de Bruin, Rex Patrick and Peter Strong COSBOA

NSW Treasury and COSBOA Board Oct 20

COSBOA CEO Peter Strong at Go Local launch

Shadow IR Minister Tony Burke & COSBOA 1 March 21

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2021 MGA Liquor / Tobacco Annual Report COVID-19 Pandemic continued through 2021 The global COVID-19 pandemic crisis continued to wreak havoc with the Australian and global economies. Governments throughout the world introduced and enforced national lockdown laws to stem the spread of the virus and reduce the loss of life. The lockdowns restricted the movement of people which resulted in massive financial losses to business. This pattern was mirrored in Australia with individual states and territories closing their borders in varying degrees. Social distancing rules were imposed in early 2021 as State governments closed pubs, clubs, and non-essential retail and work from home order, where feasible. Fortunately, the sale of liquor, as with groceries, remained an essential service and members were able to continue trading. Victorian members in the CBD and Regional resort areas were impacted the most as the State suffered through over two hundred days of lockdowns. L-R: Jos de Bruin, CEO MGA Independent Retailers. Kim Satterthwaite, FoodWorks Nat. Business Manager Liquor. George Kovits, President MGA National Liquor Committee. Tony Leon, Director Steve’s Liquor. Jeremy Goodale, ALM General Manager Vic & Tas Michael Reddrop, CEO Reddrop Group. Angelo Giannetta, Independent Retailer - IGA Express. Karl Loh, Ritchies Liquor General Manager. Tony Bongiovanni, Independent Retailer Cellarbrations. Nick Cook, Independent Retailer FoodWorks (missing: Adrian Ricci, IBA NSW State Manager: Tony Ingpen, IGA National Liquor Board Chairman: Peter Karkazis, Director Local Liquor ACT)

L I Q U O R

COMMITTEE

mga.asn.au | 2021 | Annual Report

The Federal government’s support packages, in particular Job Keeper, allowed businesses to maintain the staff levels required to secure a COVID-19 safe shopping environment for both staff and customers. This, together with State government financial support initiatives, assisted members enormously.

National Liquor Committee During all the uncertainty brought about by COVID-19, the voluntary National Liquor Committee continued to meet monthly, focused on addressing and advocating on issues that could impact the prosperity and viability of the independent packaged liquor sector.


ANNUAL REPORT

Key Industry Changes Many industry changes occurred this financial year: 2020 August • Asahi Beverages announced its new Executive with Peter Filipovic becoming CUB’s CEO.

October • Lion closed the iconic West End Brewery in South Australia. • CCA Independent Directors backed a $9.3bn takeover bid from Coca-Cola Europe.

• Heineken acquired Asahi’s sell-off Brands to meet ACCC’S CUB acquisition conditions.

November • Paramount Liquor opened a new 12,000sqm Warehouse in

MGA GALA Golf Day The MGA GALA Golf Day was played at the Greenacres Golf Club in Kew, Victoria. This event celebrated one of the liquor industries’ true gentlemen, Dean White, who tragically and suddenly passed away. The event helped raise funds to support Dean’s wife, Mel and their three young daughters, Aria, Asha and Ayla. In our competitive trade environment, it was fantastic to see the whole industry pull together to support one of our own. Over 100 participants took part in golf and lunch and MGA raised over $18k for Dean’s Family. We would like to express our great appreciation to the organising committee: Michael Potenza Brown Family Wines, Simon Archer TWE, Peter Wagner ALM and Mark Paladino, for delivering such a terrific event.

Yennora NSW.

• China imposed a 120% wine Levey on Australian wine. December • Lobbing for the introduction of a new limited Package Liquor Licences

• Working with TIR on the introduction of a CDS. 2021 February • Asahi Holdings Australia appointed a new Chairman, Roland van Bommel.

• Lion appointed a new Sales Director, Warwick Parks. March • Bacardi appointed a new MD Australia & NZ, Simon Owen. • Roy Morgan data showed online packaged liquor sales had tripled in 2020..

April • Theo Foukkar, the new CEO of the Australian Convenience

Stores, focused on push to enable convenience stores and petrol stations to apply for packaged liquor licences..

June • ALM launched Independent Beverage Partners (IBP). July • After 25 years, Peter Filipovic stepped down as CUB’s CEO. • TWE returned to profit, even without China on the books.

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Cheque presentation to Mel White, Dean White Memorial Golf Day


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Advocacy National

» ACT » Advocated for PLL to be deemed as an essential service

» KPMG Illicit Tobacco 2020 Report was released, with one of the key findings estimating an AUD $2.9 billion loss of federal excise.

due to COVID-19 restrictions

» Successfully lobbied for the refunding & waiving of 2020

» Worked with the Black Economy Task Force, Australian

annual licence fees

Border Force & the ATO to sustain pressure on illegal retail Tobacco activity.

» Local Government illegal tobacco policing & enforcement.

» Member of the Independent Tobacco Industry Advisory

» Board Member of the Liquor Advisory Group

Group.

» Developed an Online sales national compliance &

TAS

» Successfully lobbied government to Oppose the Bill

operation strategy.

introduced by independent member for Windermere Ivan Dean to raise the legal age for purchasing tobacco to 21.

» Bank exchange rates on Merchant fees » Energy Costs

» Lobbied for the introduction of a new limited Package Liquor Licences

States NSW

» Worked with TIL on the introduction of a CDS. SA

» Advocated for PLL to be deemed as an essential service

» Successfully lobbied for the New Packaged Liquor

» Restrictions. » Successfully lobbied for the refunding & waiving of

» Opposed the deregulation of trading hours » Local Government illegal tobacco policing &

» Due to cross border trading successfully lobbied for the

» Submission on the review of CDS eligible products

Licences for Grocery Stores.

during COVID-19

enforcement.

annual liquor licence fees

Implementation of compensation to be paid NSW traders within a 20 km radius of Victorian border.

WA

» Opposed Big Box retailer’s » CDS Advisory Committee » Lobbied for Planning & Zoning restrictions on density of

» Lobbied for the freeze on trading hours in the Sydney CBD to be lifted.

» Local Government illegal tobacco policing &

Big Box retailers

enforcement.

» Working Group for Digital Licence acceptance as proof of age

VIC

» MGA – LSAWA Memorandum of Understanding alliance. NT

» Government working group & submission on the Alcohol Policies & Legislation Review (Riley Report)

» Advocated for PLL to be deemed as an essential service

» Continued to oppose the 25% sales cap condition

» Member of the Liquor Control Advisory Council,

» Successfully opposed the Dan Murphy Big Box store

due to COVID-19 restrictions

reviewing the Liquor Control Reform Act 1988 – lobbing for uniformed Liquor Licence Fees, Trading Hours (Good Friday & Xmas Day), all licences issued must be fit for purpose.

» Local Government illegal tobacco policing & enforcement » Circular Economy - Introduction of CDS » Partnered with TOMRA to give independent Supermarkets first opportunity by way of an “Expression of Interest” to become an authorised Container Collection Refund Point.

mga.asn.au | 2021 | Annual Report

imposed on grocery store licences

license application planned for Darwin Airport site.

QLD

» Entrepreneurial Pipeline Project – Limited Grocery Packaged License

» Local Government illegal tobacco policing & enforcement.

» Aurizon Rail sale – Freight costs » CDS Advisory Committee


ANNUAL REPORT

Marketing & Communications MGA and MGA TMA’s higher purpose ‘Making Life Easier’ is at the centre of everything we do. Building on a strong foundation, MGA TMA’s communications team continued to deliver exceptional visuals and content to assist members with important information. MGA and MGA TMA websites continue to reflect the latest information, news and details for members. Members have a dedicated COVID -19 compliance section, that provides member with reference tools and templates for staff and customer communications.

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Member Communications MGA continues to deliver our regular E-Checkout newsletter to members. Information contained covers a wide range of important compliance and professional development topics that address members’ business needs.. MGA & MGA TMA, combined, sent over 177k electronic communications to members, up from 144k in FY 2020 (an avg of 3,400 p/wk). These communications have been primarily driven by COVID-19 lockdowns and changing COVID restrictions which impacted members and their employees, supermarkets, bottle shops and timber and hardware businesses across the country.

MGA publishes 8 editions per year of its popular, Independent Retailer magazine. The IR Magazine for members, industry stakeholders, corporate partners, and suppliers who can stay up to date on the latest news, keep abreast of Legal & IR information, training updates, and interesting, valuable educational editorial.

mga.asn.au | 2021 | Annual Report


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Industry Community Grocery and Liquor Association (GALA) Whilst COVID-19 ever changing restrictions and lockdown was challenging for members, supplier partners and the wider industry getting together in FY 2021, an important event was held.

Dean White Memorial Golf Day Friday 12 March 2021

Dean White Memorial Golf Day March 21

Dean White Memorial Golf Day Trophy and Prize table

George Kovits presenting at the IGA Victorian Conference April 2021

Brad Slater (centre) FoodWorks Suppliers Golf Day Feb 2021

Rick Martino FoodWorks Suppliers Golf Day Feb 2021

Brad Slater FoodWorks Suppliers Golf Day 2021

This year’s MGA GALA Golf Day was held to celebrate the life of one of the liquor industry’s true gentlemen, Dean White. Dean tragically passed away in November 2020. All funds raised went toward supporting his wife, Mel and their three young children, Aria, Asha and Ayla. The Ambrose event was held at the very picturesque Greenacres Golf Club Kew, where golfers were treated to a spectacularly groomed and prepared course, playing on a perfect Autumn day. In the competitive trade environment, it was wonderful to see industry coming together to support this event, with one hundred and five players registering for golf and aftergame luncheon. Sincere thanks to the organising committee, Michael Potenza Brown Family Wines, Simon Archer TWE, Peter Wagner ALM, George Kovits and Mark Paladino MGA for coordinating such a successful event and to everyone’s generosity, raising more than $18k for Dean’s young family. Thank you to the following companies, not only registering playing teams, but generously donating raffle prizes: TWE, ALM, Adroit Insurance, Reddrop Group, Brown Forman, LMG, Pernod-Ricard, FoodWorks (AUR), Brown Family Wines, FoodWorks East Ivanhoe, Ritchie’s Group, IBA, CUB, Supercart, Ampersand Projects, De Bortoli Wines, PMI, DrinkWise, Lion, Lower Plenty Hotel, Samuel Smith and Son, CCA, South Trade International, Bacardi Martini, Mighty Craft, William Grants, Beam Suntory, and MGA. Owing to COVID–19 restrictions around Australia, there have been limited face to face industry events. Travel and public movement generally has been curtailed to restrict the spread of the virus.

Ambrose golf event participants in the Dean White Memorial Golf Day March 2021

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ACES – Australian Circular Economy Solutions & Sustainable Supermarkets In 2020, MGA TMA set out to assist members with solutions to reduce waste going to landfill, provide solutions to waste streams not currently being recycled, and save on the high cost for both waste and energy bills. Together with MGA’s Corporate Partner AussieNRG, MGA embarked upon a major project, ACES Australian Circular Economy Solutions and Sustainable Supermarkets to lead the industry in understanding the circular economy. Most importantly find economical and commercially viable methods to dispose of organic and non-organic waste to avoid landfill. It is MGA’s intention to continue to lead our industry in 2021 and beyond, to instil a culture supporting the Circular Economy in all members businesses. All MGA Board members strongly support this groundbreaking initiative.

L-R: George Altman, Jos de Bruin, Joel Nel, Max and Marcus Haas AussieNRG, Debbie Smith

mga.asn.au | 2021 | Annual Report


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Timber and Hardware With uncertainty around travel in 2021, IHG decided to bring their EXPO to members instead. From 22 – 26 February 2021, IHG held their virtual EXPO, connecting stores with over 200 key suppliers to network, learn, and explore new business opportunities. IHG allowed people working in the store to experience the EXPO not usually achieved with physical locations. MGA TMA were excited and privileged to participate with a virtual display stand that provided visitors with information about the benefits of joining MGA TMA.

This year’s winning recipients represented:

» David’s Timber » Dahlsens » Drouin West Timber & Truss » Golden City Timber & Hardware » Kelly’s » A.G. Brown Sawmills » Mathews Timber » Ryan & McNulty Sawmillers » Bendigo Truss » Apply Wood and Timber Product Knowledge

Nicholas Forbes

Jack Braddick

Jacob Nunan

Olivia Coutts

Frederick O’Connell Scholarship The Frederick O’Connell Scholarship was established to promote industrial harmony and to improve relationships between employers and employees within the timber industry. Scholarships are awarded on character, personality, academic achievement, and proficiency at sport, and valued up to $5,000 each.

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Apply Wood and Timber Product Knowledge MGA TMA, in conjunction with Timber Training Creswick, hosted the Apply Wood and Timber Product Knowledge training over two days in 2021. The course planned for some time had faced obstacles, so it was great to see it come to fruition. On the first day, course participants attended MGA TMA’s office to learn the theory component of the course. On day 2, the group took a field trip to two locations which allowed participants to put theory into practice and witness the processes companies follow. Attendees were actively engaged and asked great questions. The feedback was positive and showed that it was worth the wait. The group out at Creswick Timber Training

Participants of the Apply Wood and Timber Training Course outside the MGA TMA office in Malvern.

Onsite training at Creswick Timber Training

Onsite at Creswick Timber Training

In house Apply Wood and Timber Product Knowledge Training at MGA TMA Malvern

mga.asn.au | 2021 | Annual Report


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HomeBuilder Program and Nationwide Timber Shortage When the COVID-19 pandemic hit the shores of Australia, there was no idea how it would affect Australia and our economy. With millions out of work, the Government set about implementing a number of stimulus plans to inject money back into our economy. One such program was HomeBuilder. HomeBuilder provides eligible owner-occupiers (including first home buyers) with a grant to either build a new home or substantially renovate an existing home. This supported the residential construction market. The take up from Australians was phenomenal and surpassed the expected interest level. The popularity of HomeBuilder put a great degree of pressure on the residential construction industry as projects needed to be commenced within 6 months from grant approval. We (along with other industry associations) successfully advocated for this to be increased to 18 months.

Considering supply and demand, the reduction in available timber has meant price increases for domestic supply. Mills are running at capacity and still can not produce enough to meet the current market requirements. The Australian construction industry relies on imported timber to meet our demands. With 75% from local sources, the remaining 25% is imported. Due to COVID-19, other countries have also seen an increase in the number of homes being built and renovation projects and thus the amount of imports has reduced. Add to this, the soaring costs of shipping containers due to availability issues and our members are being hit by all directions. With project timelines being extended due to these shortages, our members continue to be affected but are doing everything they can to support their customers.

In May 2021, the HIA reported that detached housing approvals had increased by 14.8% in the three months to April 2021, which was 63.7% higher than at the same time last year. The amount of building projects is generally cyclical around the country, however this stimulus caused an explosion in each state at the same time. As a result, this has caused issues with timber supply, building supplies and the availability of skilled trades to complete the work. South Australia Timber Supply Roundtable 2 June 21

MGA TMA Corporate Partners:


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