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05 SEPT 2021


BOLD & CREAMY SMASH THIS For more information please contact your Lactalis Australia Pty Ltd Representative Lactalis Australia Pty Ltd, 35 Boundary Street, South Brisbane QLD 4101 Phone: 1800 000 257 Fax: 1800 335 188 Email:


OUR MISSION 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.

Contents 5

CEO Welcome

6  RBA conducts retail payments regulation review 8

No Jab, No Job?

10 Fair Work Act 2009: New National Employment Standard for offering

MGA NATIONAL SUPPORT OFFICE Suite 5, 1 Milton Parade, Malvern, Victoria, 3144 P: 03 9824 4111 • F: 03 9824 4022 • Freecall: 1800 888 479


casual conversion 12 Part-time flexibility provisions in the GRA MGA advocating for our members 14  Unfair Dismissals - The recent statistics and how to defend a claim 15 Employsure - The Full Federal Court has unanimously upheld an appeal by the ACCC 16 Stop crippling card fees adding further cost to your business 18 Marie Brown MGA’s National Legal Counsel retires

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


COVID-19 Vaccinations – join ‘The Vaccination Movement’


COSBOA Small Business COVID Recovery Round Table meeting


COVID-19 lockdowns and movement restrictions


Payroll tax in Australia


COVID-19 support for lockdowns


Temporary visa workers and labour shortages


NSW COVID-19 Small Business Treasury Economic Recovery Group


Victorian Small Business COVID-19 Recovery Forums



NSW Treasury Small Business Economic Recovery Forum


Queensland Small Business Commissioner

Jos de Bruin 03 9824 4111 E:


30  Queensland single-use plastic ban commenced 1 September 32

QR Codes mandatory for supermarkets


Metcash reports a 10% increase in supermarket sales

34 Why MGA membership is crucial to my business 35

The MGA board announces MiPlanet


Sustainability a pillar for success at Foodland


How to get ready for WA’s single-use plastics ban


Western Downs stores looking to improve sustainability


Western Australia - Commercial Tenant Act Review


Illicit Tobacco - Queensland

Cindi Damian E:


South Australian Tobacco Control Strategy 2021-25


Cigarette smuggler sentenced to jail


45  Peter Filipovic CEO CUB retires after 25 years

Mark Paladino 0417 264 331 E:



FoodWorks takes recycling seriously MGAIndependentRetailers


The importance of weights measurements and labelling


MGA TMA Report to members mga-independent-retailers


Is my store at risk of a ransom attack?


Welcome to our new corporate partner – Till Payments MasterGrocers


Kulara Estate’s Rare Penny extends collection with three new

Front Cover: Poster image relating to story concerning vaccinations in the workplace. Read on page 19.


MGA Corporate Partners DIAMOND







tasmanian independent retailers


CEO Welcome Welcome to the beginning of Spring 2021 when the weather turns for the better, and the general population readies itself for sporting finals, spring racing carnivals and many other community events across the country that bring people together. As many people have said, we now enter the new normal. The new normal includes living with the COVID-19 disease, in all its forms, and being vaccinated to qualify to enter these very same events that we all cherish and look forward to. MGA TMA has advocated for our members and their staff at the state and federal level as essential industry sectors remaining open during COVID lockdowns to be regarded as frontline workers. Frontline community grocers and supermarket workers are exposed every day to the general public providing food and groceries and a place customers can rely upon to satisfy their “stay at home” needs. To help Members avert the everincreasing risk of more and more restrictions being imposed on their businesses by state and federal governments, MGA TMA has requested members encourage and work with staff and team members to become vaccinated as soon as they can. This will be our only ticket to freedom and living in the new normal world, post-COVID. Much discussion has taken place in the media, mainly about employers’

vulnerability to employees contracting the virus in workplaces if vaccinations are not mandated. MGA TMA has been assured in forums with Attorney General Michaelia Cash, Safe Work Australia and the Fair Work Ombudsman that providing business workplaces have followed all the COVID work safe and COVID IR guidelines, and have acted in a reasonable manner in collaboration with team members, then there should be no concerns for employers. Attorney General Michaelia Cash has said there is no need to mandate the vaccines for your workplace – simply encourage, promote and collaborate with team members toward creating a safe workplace, safe shopping space and safe community. Since the last edition of the Independent Retailer magazine, MGA has been heavily engaged in addressing the very serious Illicit Tobacco trade in Australia, costing members in the vicinity of $300m in legitimate tobacco sales per annum. There is still much work to be done as we try to understand who is responsible for this crime at a state or federal level? Least Cost Routing (LCR) is an initiative that will allow our members to choose how a customer debit card

transaction is processed at their POS terminal. LCR will allow eftpos to be included in the mix and can help members save more than 40% in debit card payment fees. MGA has met with the RBA, the ACCC, various Ministers and MP’s about this matter which the four major banks are reluctant to make available in a default setting to family and private businesses. MGA’s members conduct almost 600m transactions per annum and pay $88m in card payment fees. At 16 cents per transaction, this is a high cost for our members to bear as they cannot pass this onto consumers. Members and their staff around Australia have continued to work extremely hard during these very difficult and challenging COVID times. We congratulate our members and staff for your resilience and the enormous part you play within your communities. MGA congratulates you for providing a central hub for your communities and making available vital food and groceries in a safe environment with trusted and reliable service. Until next edition – stay safe and take care. Jos de Bruin CEO MGA TMA Independent Retailers





RBA conducts retail payments regulation review MGA TMA and COSBOA delegates met with RBA Governor Philip Lowe and his team on the 9th July 2021 to discuss a number of matters pertaining to the Retail Payments Review, which is currently underway. MGA also met with Federal Treasury to voice our concerns that Least Cost Routing must be considered to be a default facility to assist small businesses in making a payment route choice to help them save on costs.

MGA TMA has strongly advocated for “Least Cost Routing” (LCR), which allows you, the business owner, to choose between transacting a person’s payment via eftpos or the two global cards – Visa and Mastercard.

As Members have no doubt witnessed

The eftpos route is 40% less in costs.

The RBA undertakes reviews approximately every four years. Each review contains some strategic, longerterm topics and areas relevant to trends currently happening in the industry. As part of this review, the industry trends that the RBA will be looking at include issues such as:

• Emerging growth of the Single

Network Debit Cards and how they could change the economics of previous regulatory steps. With debit card usage now significantly outstripping credit card usage, issuers have been looking for new ways to increase their interchange income. They have been using single network card products to do this.

• The gradual rise in scheme fees

in recent years and its impact on overall merchant fees. As interchange fees have been reducing due to increased transparency, the opaque scheme fees seem to have been increasing, thus negating cost benefits for merchants.

• The rise of Buy Now Pay Later

RBA Meeting 9 July 2021

in their businesses, the “tap and go” payment phenomenon continues to accelerate. Driven by the COVID–19 restrictions, the consumer has quickly converted to contactless payments via their debit cards and digital wallets. These non-cash transactions are costing MGA TMA members a fortune in card payment fees to the banks. | September 2021 | Edition 5

LCR will allow businesses to choose LCR, which they cannot do because the banks are reluctant to make this facility available to small businesses. Something must be done to help relieve our members of these exorbitant costs because, unlike other industry sectors, we cannot pass this cost on to our customers.

(BNPL) services and how they should be regulated in the payments market. With increasing media commentary on BNPL and the rising share prices of the providers, any potential regulation would significantly impact the industry.



ACCC payments enforceable undertaking Meeting 11 Aug 21

MGA met with the ACCC team, including Chairman Rod Sims and a team of 4 other Commissioners, concerning the amalgamation of 3 payment platforms, BPay, NPP and eftpos. We are concerned that the new entity with a Board of Directors largely made up of the four major banks and the three retail giants; Coles, Woolworths and Wesfarmers, could hold back eftpos from being a vital competitive force for the two global debit card providers, Mastercard and Visa. The entity proposing the

amalgamation of the three payment platforms has proposed an “enforceable undertaking” to deliver on several of the initiatives small businesses have been advocating for regarding least cost routing and enabling payment fees to be reduced. MGA has made a submission to the ACCC articulating the concerns MGA TMA’s members have with the potentially anti-competitive nature of the amalgamation and the effects on small businesses.

There are many payment method matters we are dealing with simultaneously, all as important as each other, so we will do our best to navigate through this review. MGA TMA will keep members informed of any further progress regarding this matter.





No Jab, No Job? Can employers make vaccines mandatory in the workplace? Mandatory vaccination in workplaces has been a contentious talking point recently as the vaccine becomes more widely available. Overseas, private companies across the USA are rapidly implementing ‘no shot, no pay’ policies.1 Last month, SPC and Qantas Group made headlines by becoming the first Australian companies to mandate vaccines for all workers.2 At a State level, vaccinations have been made mandatory for workers in quarantine, healthcare, aged care, security, and other frontline employment.3 However, for all other workers, the National Cabinet has stated that vaccines should be ‘voluntary and free’4 And the Fair Work Ombudsman has warned employers to tread carefully around anti-discrimination laws and the issuance of lawful and reasonable directives, leaving the onus of creating a workplace vaccination policy squarely at the feet of the retail employer. Last month, MGA advocated for our members on this issue at a roundtable with Senator Michaelia Cash. MGA believes that Members are essential businesses and supermarket retail staff are frontline workers, and therefore should be prioritised for COVID-19 vaccinations.

Are Members permitted to mandate a COVID-19 vaccine for workers? Put simply: yes, though at a risk. If your policy is challenged, you may have to defend it in court. Under State health and safety legislation, employers are obliged to ensure the health and safety of their employees and to minimise risks in the workplace.5 This | September 2021 | Edition 5

includes eliminating, so far as reasonably practicable, the risk of employees and customers contracting COVID-19. Members could therefore justify a vaccination policy by reason of protecting their workforce and their customers. However, Members must also ensure that the policy is:

• ‘Lawful and reasonable’ • Not in conflict with anti-

discrimination legislation; and

• Abides by COVID-19 communication guidelines from the Therapeutic Goods Administration (‘TGA’).

‘Lawful and reasonable’ You must ensure that your directions to employees are both lawful and reasonable with regard to the circumstances. Retail has been an essential service during the pandemic, remaining operational at risk to the health of employers and employees alike. Under the Fair Work Ombudsman’s (FWO) ‘tier system’ guideline, whether it is ‘reasonable’ to mandate vaccinations depends on the level of interaction with particular individuals and must also be assessed on a case-by-case basis. When considering what is ‘reasonable’, you must keep in mind the nature of the workplace, the risk of transmission, health and safety obligations, each worker’s individual circumstances, and

whether the worker has any legitimate reason not to be vaccinated. This guidance will likely be difficult to apply in practice. Members are encouraged to contact the MGA Legal and IR team for assistance.

Anti-discrimination You must also consider, as always, any discriminatory effect your policy may have. Federal and State legislation both prohibit discrimination based on certain attributes. 6 However, you may be able to discriminate if it is reasonably necessary to protect the health and safety of any person or the public generally.7 If you wish to make vaccinations mandatory, you must also prove how this health and safety exception applies.

TGA Guidelines The TGA has strict rules for communicating vaccination information, such as requiring that any messaging does not contain a brand name or a statement that vaccines have no side effects.8 You must be aware of these rules if you wish to communicate a policy to your workers. The TGA has also permitted employers to offer rewards to fully vaccinated employees, including store vouchers, discounts, and even cash or alcohol. For example, SPC has offered their workers



paid vaccination leave and 2 days’ special leave to recover from any ill effects of the vaccine.

Watch this space Lastly, you may not necessarily need a vaccination policy to achieve high levels of vaccination among workers. An abattoir in Central Queensland has 94% of its workers fully vaccinated against COVID-19, by simply promoting the vaccine among staff and encouraging them to speak with their doctors. 9 Whether a Member should implement a vaccination policy should be determined on a case-by-case basis. For now, MGA advises to ‘watch this space’ with as governmental advice and guidance evolves. For the moment, MGA advises that Members should continue to encourage employees to speak to their doctors for information about getting vaccinated.

For more information about COVID-19 vaccinations and the workplace, please visit https://coronavirus. covid-19-vaccinations-workplace-rightsand-obligations personal-finance/cover-letter-resumevaccine-card-no-shot-no-pay-for-someworkers/ 1 news/2021-08-05/spc-first-australiacompany-to-mandate-covid-vaccinestaff/100351492

2 coronavirus-and-australian-workplacelaws/covid-19-vaccinations-and-theworkplace

1984 (WA) s 19; Work Health and Safety Act 2012 (Tas) s 19. Anti-Discrimination Act 1977 (NSW); Equal Opportunity Act 2010 (Vic); Anti-Discrimination Act 1991 (Qld); Anti-Discrimination Act 1998 (Tas); Equal Opportunity Act 1984 (SA); Anti-Discrimination Act 1992 (NT); Equal Opportunity Act 1984 (WA); Discrimination Act 1991 (ACT). 6 resources/explainer-mandatory-covid19-vaccinations-and-your-rights/

7 communicating-about-covid-19vaccines 8

3 rural/2021-08-06/teys-australiaabattoir-surpasses-90pc-workforcevaccination/100355474

9 national-cabinet-statement-11


Work Health and Safety Act 2011 (NSW) s 19; Work Health and Safety Act 2011 (Qld) s 19; Occupational Health and Safety Act 2004 (Vic) s 21; Work Health and Safety Act 2011 (ACT) s 19; Work Health and Safety Act 2012 (SA) s 19; Work Health and Safety (National Uniform Legislation) Act 2011 (NT) s 19; Occupational Safety and Health Act


Should you require any assistance please contact

MGA’s Legal and Industrial Relations team on

1800 888 479

(option 1)





Fair Work Act 2009: New National Employment Standard for offering casual conversion In March 2021, a new National Employment Standard was inserted into the Fair Work Act 2009 (the Act). The new Standard created obligations for all federal system Members in respect of:

» Offers of casual conversion; and » Requests from employees for casual conversion. Requirement to provide notice of casual conversion Members (other than small business Members) must do the following: 1. Assess whether any of their casual employees are eligible for offers of casual conversion to permanent (full time or part-time) employment; and 2. Either: (a) make a written offer to the eligible casual employee to convert their employment to permanent (full time or parttime employment); or (b) write to the otherwise eligible employee explaining why they won’t be making an offer to convert to permanent employment. Small business Members are exempt from obligations to offer casual conversion. A Member will be a small business Member if it employs 14 or fewer employees. In this headcount of 14, Members should:

• include employees of all associated entities (if any); and

• exclude all non-regular casual employees. | September 2021 | Edition 5

As a result of the Review, the Fair Work Commission may make changes to the GRIA, particularly to casual employment definitions in the GRIA and the casual conversion clauses in the GRIA. The MGA and Legal and IR team will keep members abreast of developments and any changes to the GRIA.

Eligibility criteria for casual conversion – when must Members make an offer?

Requirements of offer of casual conversion The offer must be:

• made in writing; • be clear as to whether the employee

would convert to full-time or part-time employment; and

• If the employee was employed

after 26 March 2020 – be given to the employee within 21 days after the end of their 12-anniversary2 of commencement; or

Members must make an offer to an eligible casual employee to convert to permanent full time or part-time employment if the employee:

• If the employee was employed on or

1. Has been employed by the Member for a period of at least 12 months;

Fair Work Act 2009 (Cth), s 66B(2).

2. During at least the last 6 months of the 12-month period, the employee has worked a regular pattern of hours on an ongoing basis; and 3. Could continue to work as a full-time employee or a part-time employee without significant adjustment.1 1

Fair Work Act 2009 (Cth), s 66B(1).

before 26 March 2020 – be given to the employee by 16 April 2021.

If Members have not met the above deadlines, it is advisable that the offer be made as soon as possible. The employee must respond to the offer within 21 days and a failure to do so will mean that they are taken to have declined the offer. If you require assistance in preparing the letter of offer, please contact our MGA TMA Legal and IR Team on 1800 888 479



What if an employee accepts an offer of casual conversion? Should an employee accept conversion, Members are required to conduct a discussion with the employee on the following, then confirm the following in writing, within the correct timeframe:

• whether the conversion is to full or part-time;

• what the hours of work are after conversion; and • date that the conversion takes effect. • It is best practice for Members to then issue a new employment contract which formalises the conversion.

When are Members not required to make an offer of

casual conversion? Members are not required to make an offer of casual conversion if:

• the Member is a small business employer;

• the employee is not eligible for an

offer of casual conversion outlined in the National Employment Standard;

• the employee’s position will cease

to exist 12 months after the time of deciding not to make the offer;

• the hours of work which the employee is required to perform will be significantly reduced in that period;

Members may be exempt from the requirement to provide an offer of casual conversion only if there are other reasonable grounds not to make the offer.

If a Member decides not to make an offer, they still must notify the employee in writing (i.e. letter) that they won’t be making an offer of casual conversion and the reasons for this. Members should be aware that employees have a residual right to request conversion in some circumstances, even if they have been notified previously that an offer of conversion will not be made. Next steps: The Legal and IR Team can also assist Members with preparing employment contracts for converting employees, as well as advising on any of the procedural steps mentioned above. Please phone 1800 888 479.





Part-time flexibility provisions in the GRA MGA advocating for our members MGA has contributed significantly to advancing our Members’ interests in respect of flexibility in rostering part-time employees. As an extension of our work as part of Christian Porter’s Working Groups, we understand that achieving part-time flexibility would enable members to offer current part-time employees additional hours of work with ease, as well as support de-casualisation of the workforce. In early 2021, MGA and the ACTU jointly applied to the FWC to insert a schedule in the General Retail Industry Award 2020 (the GRA) to enable parttime employees to work additional hours at ordinary rates of pay. After numerous submissions and significant discussions 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 procedural requirements.

temporarily vary employees’ agreed hours of work on a single-shift basis. This means that Members and employees can mutually agree that the employee will work additional hours of work on a particular shift, which is payable at the ordinary rate of pay (not overtime rates).

• as a result of working the additional

Members are advised that such additional hours of work at ordinary rates must include any penalty rate applicable.

• that the Member gives a copy of the

The new part-time flexibility clauses inserted into the GRA took effect from Members’ first full pay period commencing on or after 1 July 2021.

Should Members wish to utilise the part-time flexibility clause in the GRA in respect of additional hours worked on a particular shift, Members must ensure that the following is complied with:

New part-time flexibility clauses The new part-time flexibility clauses enable Members to provide part-time employees with additional hours of work more easily. This is achieved by permitting Members and their part-time employees to | September 2021 | Edition 5

Compliance with procedural requirements

• a written agreement is entered

into between the Member and the individual part-time employee to temporarily vary the employee’s regular pattern of work (note – emails, text messages or other electronic communications or electronic records are sufficient);

• the written agreement is entered into before the end of the affected shift;

hours, the part-time employee has not worked 38 or more ordinary hours per week;

• that the Member keeps a copy of the written agreement; and

written agreement to the employee if requested.

It is best practice and highly recommended that the written agreement should also specify that the additional hours worked pursuant to the agreement are payable at ordinary rates, including any penalty rates. Next steps The Legal and IR Team can assist Members with any queries on the part-time flexibility provisions, including providing template variation letters to comply with the procedural requirements of the provisions. We are contactable on 1800 888 479.

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Unfair Dismissals – the recent statistics and how to defend a claim Unfortunately, unfair dismissals are becoming a common claim that employers and business owners are facing more and more frequently.

The Fair Work Commission’s annual report for 2020 detailed the following statistics in relation to Unfair Dismissal applications:

• At the Fair Work Commission (FWC) conference stage, 47% of matters settle for under $4,000 and 77% of matters settle for under $8,000.

• Reinstatement for unfair dismissal

occurred only 5.68% of times at the arbitration stage.

• The employee was successful 61% of the time out of 229 hearings conducted. • The median compensation amount awarded in unfair dismissal arbitrations was only $8,704.

• 22% of employees were awarded under $4,000

• 49% of employees were awarded under $10,000.

In the scheme of legal claims in their entirety, unfair dismissals are fairly low-cost in comparison. The maximum amount an employee can be awarded in an unfair dismissal claim is 6 months’ pay, although this amount is very rarely awarded by the FWC.

an unfair dismissal claim. For example, it is not uncommon for an employee to resign and still try their luck in lodging an unfair dismissal claim. An employer should comply with the requirements of fairly dismissing an employee to give themselves the strongest defence possible. This will aid in ensuring any settlement or compensation awarded is the lowest amount possible. In order to fairly dismiss an employee, the employer must ensure: 1. There was a valid reason for dismissing the employee; and 2. The employee was afforded procedural fairness.

Valid reason A valid reason for dismissal may be relating to the employee’s capacity or conduct in relation to their work. A valid reason may include an employee stealing from the business or continuously not meeting KPI’S and breaching workplace policies.

employee. 1. Scheduling and notifying the employee that a meeting will be held to discuss allegations of misconduct or performance issues. 2. Offering the employee to have a support person of their choosing present, if they wish. The employer should also have a witness present who can take notes of the meeting. 3. Explain the issues/allegations to the employee and how this is impacting the business. 4. Give the employee a chance to respond to the allegations. 5. Document the employee’s response. 6. Adjourn the meeting for approximately 10 minutes to consider the employee’s response. 7. Resume the meeting after considering the employee’s response. The employer will advise the employee of the outcome. This could include termination, a warning letter or no action at all.

Despite the generally low costs involved, it is always beneficial for the employer to avoid any unfair dismissal claims at all.

Once an employer has a valid reason for terminating the employee, they must afford the employee procedural fairness.

8. If the employer has terminated the employee, they must provide a termination letter as soon as possible after the meeting. However, employers should not have a preprepared termination letter ready to go.

Unfortunately, an employer cannot completely quarantine themselves from

Procedural fairness may involve the following prior to dismissing an

9. The employer will need to action any final pay or entitlements owed to the employee. | September 2021 | Edition 5

Procedural Fairness



Employsure - the Full Federal Court has unanimously upheld an appeal by the ACCC After what seems like many years, in July 2021, Employsure has finally been found guilty of misleading and deceptive behaviour.

Employers must think of dismissing an employee as a two-step process. That is, having a valid reason for dismissal and then affording procedural fairness. Employers must tick both of the ‘boxes’, and it cannot be one or the other. An unfair dismissal application must be lodged by the employee with the Commission within 21 days after the dismissal takes effect. The employer then has 7 days to respond.

Upcoming Webinar on Unfair Dismissals MGA TMA will be holding a webinar on Unfair Dismissals in November 2021. In this webinar, we will consider what makes a dismissal unfair. We will advise on how a business can dismiss someone fairly, as well as the legal risks involved when this is not done lawfully. We will also consider the step-by-step process involved when an unfair dismissal application is lodged against a business. To book for this free webinar please go to free-webinars-book-now In the meantime, should you require any assistance, please do not hesitate to contact MGA TMA on 1800 888 479.

The court found that Employsure’s Google Ads were misleading largely because of the use of the government agency names in the largest and most prominent typeface. The ads omitted any reference whatsoever to Employsure. As you know, over the past number of years, Employsure has approached many of MGA’s members in various states and territories and discredited MGA’s services in favour of their own very expensive contract IR HR arrangements. MGA has lodged various complaints about Employsures inappropriate and deceptive behaviour with the ACCC along with many other industry associations. The Google Ads, published between August 2016 and August 2018, featured headlines such as ‘Fair Work Ombudsman Help – Free 24/7 Employer Advice’ and ‘Fair Work Commission Advice – Free Employer Advice’ and appeared in response to search terms such as ‘fair work ombudsman’. “Employsure’s ads were displayed to small businesses who were searching for workplace relations advice from the relevant government agency, the Fair Work Ombudsman. Employsure is a private company which is not affiliated with the government, and provides workplace relations advice to businesses under long-term contracts

with on-going fees,” ACCC Deputy Chair Mick Keogh said. “We took this action after receiving over 100 complaints relating to Employsure, including from small businesses who had contacted Employsure after viewing a Google Ad and thought they were dealing with a government agency.” “We brought this case because we were concerned that Employsure’s ads gave the impression that Employsure was a government agency or affiliated with the government. Any attempt to misrepresent a business as being part of the government is a serious breach of trust – and of our consumer laws,” Mr Keogh said. “This finding by the Full Federal Court sends a very strong message to internet advertisers that misleading consumers and small businesses by using combinations of words that are the same or similar to the names of government agencies to attract customers risks enforcement action and significant penalties.” “We will continue to take appropriate enforcement action where we consider that businesses are misleading consumers with search engine advertising,” Mr Keogh said. A hearing on relief, including penalties, will be held at a later date. MGA thanks the ACCC for pursuing this matter on behalf of all MGA TMA members and all small and family businesses around Australia. Source - ACCC





Stop crippling card fees adding further cost to your business

Encourage your customers to sign our petition today! How you can help MGA TMA encourages members to request from every customer coming into your store that they help keep card fees down by signing the petition to the Reserve Bank and Federal Government – to help save your business from crippling debit card fees. Members and your customers can show your support by signing this petition to demand the Reserve Bank and Federal Government make low-cost card payments the default for small and local businesses and keep Australia’s local payment network, eftpos, as a choice on all debit cards.

» We urge you to ACT NOW

to involve your customers and help STOP this unjust and detrimental decision being made. Join the fight by following the links and actions below, to play your part to save YOUR business!

Petition: Every signature counts Go to

» To sign the petition today go online to web address http://chng. it/6YNfFG7t

Visit Facebook Click on the link to share and like with other small businesses in the local area and with your customers, to encourage them to also sign the petition. Make sure you ask your followers to share too!

» Visit MGAIndependentRetailersPoint of sale:

» Encourage your customers to scan the QR code to sign the petition.

Download Posters Visit eftpos grassroots campaign to download and print the A3 posters and display in a prominent position near the entrance or register area of your store to educate your customers. Request customers Scan the QR code to sign our online petition. Don’t forget to sign it too!

» Encourage your customers to scan the QR code to sign the petition.

» Print the A5 counter cards and

place near your register at your point of sale – this is where your customers will bear the costs, so encourage them to scan the QR code.

Write a small business letter of complaint to your local MP’s » Go to eftpos

grassroots campaign to download the letter we have prepared for you to customize with your own stores details and send to your local MP to show the impact of these decisions effecting your business.

» A well-crafted, passionate, and

personal message will have the most impact on your local MP.

» We have also provided information to locate your local MP. | September 2021 | Edition 5




It’s unAustralian to force local businesses to pay higher card fees. Demand the Reserve Bank chooses our local businesses and their customers, and brings costs down!






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 of you, our members around Australia, by going out of her way to help and assist with a myriad of workplace issues and matters that confronted you, our member. Members have often commented, “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 businesses members have become accustomed to Marie’s can-do attitude and commitment to assisting with the myriad of workplace issues set before her. There have been countless achievements over the years; including reducing Sunday Penalty Rates from 200% to 150%, Annual Wage Reviews, Competition | September 2021 | Edition 5

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 skilful Industrial Relations and Employment law team comprising of 4 lawyers, and I am pleased to announce that Marie won’t be completely lost from MGA.

Marie has agreed to remain with MGA in a mentoring, guiding and coaching capacity for the IR Team, one 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 almost 15 years. We wish Marie and Ian well in their new journey of life outside of MGA.




COVID-19 Vaccinations – join ‘The Vaccination Movement’ On the 18th August 2021, MGA TMA attended a meeting convened by Attorney General Michaelia Cash and attended by key members of her team as well as the Deputy Chief Medical Officer Michael Kidd, Fair Work Ombudsman Sandra Parker, Federal Treasury and various Industry Association Leaders and Union bosses to discuss a number of matters concerning vaccinations in the workplace. Some industry cohorts were advocating for mandatory vaccinations to be regulated by the Federal Government, and the Unions wanted the Government to regulate employers to give employees paid time off to obtain a vaccination. Attorney General Cash was adamant that the Government would not support or mandate either suggestion. In response to the growing “no jab, no job” debate, Prime Minister Scott Morrison has twice ruled out extending the mandates to other workplaces. ‘There are already existing powers that employers have, both in terms of lawful directions, reasonable directions, to their employees’. Attorney General Cash said, ‘It is up to each employer to engage with their staff and team members in a collaborative and proportionate manner to encourage a safe work place, shopping space and generally to foster the good health of the community in which we live. A vaccinated community is vital if we are to open our businesses and communities. It is up to employers to decide whether it is appropriate to allow staff and team members to get vaccinated during work time. Minister Cash offered that most employers either do this or consider this option to have their teams quickly vaccinated.

Fed AG Michaelia Cash Workplace Vax Round Table 18 Aug 21

The outcomes of the discussions were that employers avoid conflict in the workplace by not mandating the COVID-19 vaccine but to encourage and give team members reason for the benefits of being vaccinated both from a personal and community point of view.

a safe workplace and without fear of liability. Finally, Minister Cash was encouraged by all those present to embark upon a Public Health Campaign to help educate, inform and promote the benefits of having a vaccination as soon as possible.

Access to vaccines was also raised as an issue in the short term but should be no issue in the medium term, with millions of doses becoming available in all states and territories.

MGA strongly encourages all Members and their staff and team members to “get vaccinated” as soon as possible by joining The Vaccination Movement.

Both Michelle Baxter, CEO of Safe Work Australia and Sandra Parker, the FWO, ensured that there would not be any risk if all employers were COVID compliant with the safe work and employment guidelines. They could be confident of

On behalf of MGA’s Board of Directors, MGA wishes to strongly encourage all Members and your team of workers around Australia to protect themselves from the COVID-19 disease by immediately vaccinating.




AG Michaelia Cash Vax Round Table 18 Aug 2021

With many exposure sites across our states and territories, including schools and shopping centres, our communities must continue to follow the health advice and stay on top of the exposure sites. Vaccination is vital to our recovery. It will take this virus from a deadly virus to a nuisance virus. We want our work and shopping places to be safe, and we want our businesses to stay open. If you, your staff or anyone you know is concerned about receiving the vaccine, encourage them to speak with their doctor to get information that helps them make the right decision. To date, over 28 million vaccine doses have been administered, the majority by GPs. Around 5,100 GPs are now administering COVID vaccines across Australia as well as numerous public vaccination facilities, and soon your local Pharmacy will be able to dispense the vaccine. Please display the posters MGA has produced in your staff room, storeroom and in department paces that aim to encourage all your team members to become vaccinated as soon as possible. | September 2021 | Edition 5

Fed AG Michaelia Cash Workplace Vax Round Table

We need to open our economy and communities up, and this will assist us in doing that! A few weeks ago, the UK had its freedom day. We can all help reach our own freedom day by getting vaccinated as soon as we possibly can.






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




COSBOA Small Business COVID Recovery Round Table meeting COSBOA Directors, together with Council members, meet on a very regular basis to discuss the many serious issues and matters of concern regarding debilitating State and Territory COVID-19 restrictions, State and Federal small business financial support and support for staff and team members

much needed small business policy development to assist the Government with their decision-making and, ultimately, law-making tasks. Important topics for discussion have included JobKeeper, JobMaker, JobSaver, COVID Disaster Payments, Cash Flow

Boost support, Rent Relief and Mental Health recognition and support. Other topics have included Cyber Security, Competition Matters, Merchant Payments Fees, cross border restrictions and development of the Road Map to post COVID business recovery.

This meeting includes ACCC Chair Rod Sims, Deputy Chair Mick Keogh, Fair Work Ombudsman, Sandra Parker, Small Business and Family Enterprise Ombudsman, Bruce Billson; Debra Jenkinson, Deputy Commissioner ATO and various Ministers, Shadow Ministers and Treasury Departmental staff. This is a rich forum for various industry associations to have vital input into

COSBOA ACCC Mick Keogh 12 Aug 21




For further information, please contact your De Bortoli Sales Representative. | September 2021 | Edition 5

*Visit for T&Cs and how to enter. Open to AU residents 18+ (excl. NT). Ends: 11:59pm AEDT on 31/1/22. Max 1 entry p/Eligible Product & max 5 entries (max 2 entries for NSW res) p/person p/day. Retain receipt/s. ACT Permit no. TP21/00844.




COVID-19 lockdowns and movement restrictions Dear Members, lockdowns can be hard on our mental health. We’ve got through it before, and we will get through it again.

To date, over 17 million vaccine doses have been administered, the majority by GPs.

But it is ok, to not be ok. We all need to prioritise our mental health, identify when something is wrong and seek help.

Around 5,100 GPs are now administering COVID vaccines across Australia as well as numerous Pharmacies.

There are many resources out there to help us all through this.

More than 1 in 3 of the eligible population aged over 16 are protected with a first dose.

You can talk to your GP, reach out to Beyond Blue or Lifeline. Head to for info, advice and support. You can also encourage your staff and others if you notice something isn’t right. There is support available. With many exposure sites across our states and territories, including schools and shopping centres, our communities must continue to follow the health advice and stay on top of the exposure sites.

Vaccination is vital to our recovery. It will take this virus from a deadly virus to a nuisance virus. A few weeks ago, the UK had its freedom day. We can all help reach our own freedom day by getting vaccinated as soon as we possibly can.

Australia’s Population 25.69 million (Dec 20) » NSW 8,164,128 » VIC 6,694,884 » QLD 5,174,437 » SA 1,769,319 » WA 2,661,936 » TAS 540,569 » NT 245,980 » ACT 431,114

Australia’s supply of the Pfizer COVID-19 vaccine tripled to around 1 million doses a week from 19 July. The average administering of COVID vaccine doses is reaching well over 1 million per week. “This virus has changed, now there is absolutely no doubt the only way to control it is through various general population movement restrictions because by the time contact tracers are getting to the people they have already infected others, and that is very clear from the modelling.” – Quote Dr Katie Allen MP on The Project “We need to start to have this sobering conversation with the Federal Government and the State Governments on how we are going to open back up, stop lockdowns and decide on what risks we are willing to accept to get back to a new COVID-normal life”. – Quote Dr Katie Allen MP on Sky News Australia.

Encourage friends, family and colleagues to do the same. If you, your staff or anyone you know is concerned about receiving the vaccine, encourage them to speak with their doctor to get information that helps them make the right decision.

Did you know?

Source- Doctor Katie Allen MP

Consumer Price Index - 1.1% (Mar 21) Gross Domestic Product - 1.8% (Mar 21)

Average Weekly Earnings -

$1,711 (Nov 20)

Unemployment rate – 4.9% (July 21) Consumer Confidence - 111.0 (June 21)

Source: Australian Bureau of Statistics, ANZ-Roy Morgan Consumer Confidence Index




Payroll tax in Australia The federal government introduced a payroll tax in 1941 to finance a national scheme for child endowment.

The tax applied as a 2.5 per cent levy on payrolls. With the federal government assuming control of the income tax base, the states lobbied for access to the payroll tax, and in 1971 the federal government handed over payroll taxes to the states, acknowledging that this tax represented the sole possible growth tax available to the states. During the following three years, the states uniformly increased the rate from 2.5 per cent to 5 per cent. Over time, the uniformity of state payroll tax rates has been eroded, as has the base to which they are applied. State

payroll taxes are now levied at rates ranging between 4.75 per cent and 6.85 per cent.

Across Australia, members are subject to a variety of local, state and federal taxes, including payroll tax.

Tax competition between states and lobbying by individual employers and employer groups such as MGA TMA for exemptions has reduced the payroll tax base to less than half of the comprehensive labour income tax base.

Payroll tax essentially serves as a state tax on employment. It is a blunt and senseless tax and acts as a disincentive to employ staff. The following table indicates the differing rates and thresholds across each State and Territory in Australia as of 1 July 2021. MGA is advocating for Payroll Tax Thresholds to be increased with CPI each year at the very least!

Nevertheless, payroll taxes are still an important source of tax revenue for the states, accounting for between 24 and 36 per cent of each state’s total revenue.




Threshold: $1.3M –6.5M – Rate 4.75% Over $6.4M – Rate 4.95% Country/regional: from 1 July 2019 $1.3M –6.5M – Rate 3.75% Over $6.4M – Rate 3.95%

Threshold: $1,200,000 (annually) – from 1 July 2020 Rate: 4.85%

Threshold: $1,250,00 (annually) Rate: Nil $1,250,001 (annually) Rate: 4% $102,740 (30-day month) Subsequent threshold 2,000,001 (annually) Rate: 6.1% $164,384 (30-day month) Unchanged as of 1 July 2018

Victoria Threshold: $700,000 (annually) $58,333 (monthly, divide 12) Rate: 4.85% in non-regional Victoria 1.62% Regional

South Australia Threshold: $0 – 1.5M – $1.5M – 1.7M – Over $1.7M – | September 2021 | Edition 5

Rate: Nil Rate Variable 0% to 4.95% Rate 4.95%

Western Australia Threshold: $1,000,000 (annually) $83,833 (monthly) Rate: $1M –$100M – 5.5% from 1 July 20

Northern Territory Threshold: $1,500,000 (annually) $125,000 (monthly) Rate: 5.5% Unchanged as of 1 July 2016

ACT Threshold: $2,000,000 (annually) $166,166.66 (monthly) Rate: 6.85% Unchanged as of 1 July 2016




COVID-19 support for lockdowns Across Australia, there have been financial support packages developed by Federal and State Governments for small business owners and their staff.

The COVID restrictions have struck down family and private businesses like never before. Unable to open their businesses to trade or being restricted in how they can engage with their customers and clientele has meant many small businesses may not reopen their doors after the most recent lockdowns. Lockdowns in Qld, NSW, ACT and Victoria have been particularly severe and debilitating. The Qld tourist Industry is on its knees, as its traditional tourists from NSW, ACT, and Victoria cannot enter Qld due to the rapid spread of the COVID-19 Delta variant throughout those communities.

Support for Individuals: COVID-19 Disaster Payment is available for people in the states and territories currently experiencing lockdowns (NSW, ACT, South Australia, and Victoria). This is a lump-sum payment to help workers unable to earn an income due to a COVID-19 state public health order. This may involve a lockdown, hotspot or movement restrictions. How much a staff member can get will depend on their location and their individual circumstances.

» The amount payable is $450

per week of lockdown for individuals who have lost between 8 hours and less than 20 hours or a full day of work, where this is less than 8 hours.

» If a person has lost 20 hours or more of work, the amount payable is $750 per week.

Services Australia is delivering the payment. The easiest way to claim is through the myGov website. Eligible visa

holders should call Services Australia on 180 22 66. More information can be found on the Services Australia website.

JobSaver Program A new business support payment, JobSaver, has been introduced to provide cashflow support to businesses impacted by the significant restrictions facing the Lockdown States and territories to help them maintain their employee headcount. JobSaver provides fortnightly payments to eligible businesses in the lockdown states backdated to cover costs incurred from the commencement of the lockdown The payment will be available to entities with an annual turnover between $75,000 and $50 million who can demonstrate a 30 per cent decline in turnover.

» Eligible firms receive 40% of

weekly payroll with a minimum payment of $1500 per week and a maximum of $10,000 per week

» Weekly payroll should generally be determined by referring to the most recent Business Activity Statement (BAS) provided to the Australian Taxation Office (ATO) before 26 June 2021 for the 2020-21 financial year.

• Eligible entities will receive

payments of between $1,500 and $10,000 per week based on the level of their payroll.

» For non-employing businesses, such as sole traders, the payment will be set at $1,000 per week.

• Eligible businesses can use

JobSaver to cover business costs incurred from 18 July 2021. These costs may include:

» salaries and wages » utilities and rent » financial, legal or other advice » marketing and communications » perishable goods » other business costs.

Other COVID Support Measures Each state and territory has put in place further financial support packages. Any members affected by the COVID restrictions are strongly encouraged to search their respective government COVID support websites for further information. Some of these support measures may include;

» a deferral of payroll tax. » Commercial Tenancy Rent Relief

» landlords liable for land tax

may be eligible for a land tax concession

» One-off emergency cash grants




Temporary visa workers and labour shortages 1. Temporary Visa Holders restricted to 20 hours per week of work – additional hours permitted in Lockdowns 2. Temporary Visa created by Minister Hawke – Covid 408 temp visa Australia has been facing a worker shortage in several industry sectors, particularly in grocery, supermarkets and the hospitality and tourism sectors. These industry sectors have largely been reliant upon students, backpackers and overseas visitors holding a temporary visa holder to fill the employment void, even though they can only work a maximum of 20 hours per week. COVID-19 has prevented overseas visitors from coming to Australia, and most other existing temporary visa holders have returned to their countries of origin, thus leaving these industry sectors short of available and flexible staff. More recently, with COVID-19 restrictions, including lockdowns, there has been a further labour shortage in grocery and supermarkets due to increased customer traffic and management of COVID compliance to maintaining safe workplaces and shopping environments. Earlier in 2021, as economies around Australia began to open, there was a demonstrable staffing shortage in the hospitality and tourism sectors. The Minister for Immigration Alex Hawke created a new visa – COVID 408 – which enabled current Temporary Visa Holders who could not work more than 20 hours a week to work additional hours and gain a 12 months extension to their Temporary Visa if they transitioned to the Tourism and Hospitality sectors. The unintended consequences of this initiative, given the severe shortage | September 2021 | Edition 5

of existing labour, the unintended consequences of this initiative are devastating for industries such as our Members in grocery and supermarkets. The additional hours and temporary Visa, 12 month Extension, would serve to supplant labour from our sector into tourism and hospitality. MGA has strongly suggested that this policy should be extended across all industries to avoid robbing Peter to pay Paul when it comes to addressing the current labour shortage being experienced by our members and other industry sectors. In addition to the COVID – 408 Temporary Visa Discussion, MGA was able to work with Minister Hawkes office to address the severe labour shortage during Lock Downs MGA was able to facilitate Temporary Visa Holders to work more than 20 hours per week during Lock Downs only. Given the uncertainty of the duration of these lockdowns, MGA

suggested that the time frame be national and should have a specific end date and be reviewed so that Businesses can plan their workforce and rosters accordingly. MGA also spoke at length with Michael Willard, First Assistant Secretary, Immigration Programs Division, Department of Home Affairs. Michael has assured MGA that this matter concerning the allowance for additional hours for Temporary Visa Holders and the Covid 408 Temp Visa being available to the retail sector will be “ taken up the line” for very serious consideration.




NSW COVID-19 Small Business Treasury Economic Recovery Group MGA is a member of various NSW Small Business COVID forums, including the Treasury Economic Recovery Task Force and the NSW COSBOA Small Business Minister and Small Business Commissioners Committee. Unlike other state and territory governments, the NSW Government engages and consults with small businesses before embarking upon any major COVID Lockdown restrictions and various other initiatives, including face masks, isolation of staff, vaccinations, rapid antigen testing, QR Codes, COVID Marshalls and so on.

More recently, MGA has dissuaded NSW Public Health and NSW Police from requiring a COVID Marshall to be stationed at the front of our members’ stores. It is very costly and confrontational for our members. Our staff are already subject to public abuse when requesting customers use the QR Code ‘check-in’ provided. As it stands, our members are required to provide prominently displayed QR Codes at the front and entrance to the store and the registers in case customers haven’t checked in and, while transacting their purchase, can check-in at the register. Together with other industry cohorts, MGA has successfully avoided our members’ staff and team, who come from a non-LGA of concern and enter an LGA of concern, to not require rapid antigen testing if they have not had at least one vaccination dose. The vaccination date for these employees was also extended to the 6th of September, 2021. A big win for family and private businesses as RAT is onerous to organise in a seven day a week operation. It must be overseen by a medical professional and very expensive at $25 per test for our members to absorb.

NSW COVID SBC & Minister Tudehope 2 August 21

NSW Treasury Business Recovery Scott Farlow 16 Aug 21

We thank the NSW Government for their very close engagement with all businesses in these times of extreme challenge.

NSW Health and Business Meeting re RAT and Vax26 August 21




Victorian Small Business COVID-19 Recovery Forums MGA TMA meets with the Victorian Small Business COVID Recovery Directors and the Small Business Minister Jaala Pulford weekly to discuss the many ongoing challenges faced by family and privately owned businesses across Victoria. Lockdown 6 and 215 days in Lockdown has been devastating for many small businesses throughout Victoria. In this forum, MGA TMA has successfully dissuaded the Public Health authorities from mandating COVID Marshalls be located at the business entrance to encourage customers to QR Code Check-In upon arrival and entry to the store. This is very costly for any small business to absorb.

Code communique and codes are prominently displayed at the entry to stores, the points of sale and by cash register staff simply asking the question – “have you checked in?”

Instead, on behalf of members (and other industry cohorts), MGA TMA committed to ensuring QR

MGA TMA will continue to keep Victorian members front and centre in any COVID related discussions

Other discussions included regular surveillance testing, Rapid Antigen Testing and Workers Permits.

to make sure your voices are being heard in these very difficult times. MGA TMA has also been calling for the Andrews Government to prioritise our members, staff and team members for vaccinations. We remain open; we serve the public; we are regarded as essential, and yet as frontline workers, we cannot be prioritised for vaccinations.

Vic Minsiter Jaala Pulford Covid lockdown 12 Aug 21

Vic Supermarkets Meeting Metro Lockdowns July 21

Vic Supermarkets Meeting Reg Lock Downs Sat 21 Aug 21

Vic Supermarkets Meeting surveilance & RAT 26 Aug 21 | September 2021 | Edition 5







Queensland Small Business Commissioner Queensland Small Business Commissioner Maree Adshead has been a critical driver toward assisting the Qld Minister for Small Business Di Farmer and the Qld Government in engaging and consulting with small businesses during COVID-19 in Queensland. COVID restrictions have included Lockdowns in Brisbane and SE Qld, with lesser restrictions imposed in these areas over time as COVID cases were suppressed. Cross Border issues between Qld and NSW have been devastating for those families who own and operate a business on the Gold Coast but live across the border in NSW – they cannot enter Qld to open their businesses! Simply unbelievable that Qld Health and the Government can have the powers to impose such a lazy, sledgehammer approach without considering the lives and livelihoods of many families on either side of the border being ruined. MGA has engaged in this forum on other topics, including the forthcoming expiry in August 2022 of the Moratorium on Trading Hours

and the Entrepreneurial Pipeline Project, an initiative to enable the stocking, promoting and selling of Queensland artisan wines, beers and spirits in the Queensland community grocery stores.

Queensland SBC Maree Adshead Sml Biz Covid recovery 16 August 21

A major issue that is raising cause for concern as each week goes by and is affecting the viability of many members businesses is the illicit and illegal tobacco trade. Pop-up outlets appear all over Queensland that sell illicit tobacco and are not subject to the strict tobacco regulations our members comply with. Illicit tobacco

costs our members in Qld $35m in legitimate Tobacco sales! MGA has already met with Minister for Police Mark Ryan and met with Minister for Health Senior Advisors to discuss this matter. The MGA will keep members informed of any further progress concerning these matters.

Queensland single-use plastic ban commenced 1 September Queensland Members, please note that Queensland took its first steps toward the ban of single-use plastic items from 1 September. All Queensland businesses and organisations, including supermarkets, cafés, hotels and takeaway food shops, will be required to stop supplying banned single-use plastic items. Single-use plastic items included in the ban: • straws: regular straws, flexible | September 2021 | Edition 5

straws, straws with a scoop, cocktail straws and bubble tea straws, stirrers: hot or cold drink stirrers, swizzle sticks and hot or cold food stirrers • plates and bowls, including singleuse expanded polystyrene plates • cutlery: knives, forks, spoons, teaspoons, sample tasting spoons, soup spoons, chopsticks, splayds and sporks • expanded polystyrene takeaway food containers and cups.

The ban is part of Queensland’s plan to tackle plastic pollution and follows strong support from the community, retailers and industry organisations. MGA has mentioned before the many sustainable alternatives for these products available in hard cardboard, wood and bamboo. For more information visit: www.qld.







QR Codes mandatory for supermarkets Given community grocers and supermarkets attract a high volume of customers daily, more than any other business or government sector, the QR Code check-in system has become a mandatory compliance obligation for members in all states and territories in Australia. The Lockdowns have meant that our industry sector has been defined as “essential” and, as such, can open and trade to provide essential food and general shopping needs in a very strict COVID compliant manner.

MGA has attended many meetings and workshops with State Governments and regulators regarding avoiding the need for COVID Marshalls due to exorbitant costs in favour of prominently displaying QR codes at the front and entry of members stores and registers for consumers to check-in. MGA successfully dissuaded NSW Health and NSW Police that COVID Marshalls will not be required in members businesses given the consistent and vigilant compliance to QR Code check-in requirements. Andy Holland, Deputy Police Commissioner, fully supported COVID Marshalls not being required in NSW grocery outlets and supermarkets. This same situation occurred in Victoria too! QR Codes and relevant signage must be prominently displayed at the front and the entrance to the store for the general public to seamlessly QR check themselves in. Before customers enter the store and at the cash registrars before

the transaction takes place, MGA members in Victoria and NSW have been requested to ask customers, in a friendly manner, “have you checked in?” This, as an extra precaution to avoid members having to employ an additional COVID Marshall at the front of the store.

For all information regarding QR Code check-in implementation in your store or business, go to MGA website www.

NSW Covid QR Codes Meeting with Dep Police Commissioner Andy Holland 12 July 21

MGA members make more than 575 million customer transactions per annum or almost 50 million customer engagements at a register per month. States are desperate to try and track the movement of the fast-moving Delta strain that’s plunged millions of Australians into lockdown. QR code check-ins are mandatory and require every staff member at the beginning of their shifts, customers and visitors, including delivery drivers and contractors, to check-in.

NSW State LockDown Saturday Meeting 17 July 21

For all information regarding QR Code check-in implementation in your store or business, go to MGA website www.

NSW Covid SBC & Minister Tudehope 26 July 21 | September 2021 | Edition 5




Metcash reports a 10% increase in supermarket sales Major Wholesaler of Food and Groceries to the independent supermarket, Liquor and Hardware sector, Metcash, has reported a 10% increase to $8.3 billion in supermarket sales for the year ended 30 April 2021. This is an 11.6% increase, excluding the impact of Drakes. Metcash Group CEO Jeff Adams describes the last 12 months as a ‘standout year’ for the business, with record sales underpinning significant earnings growth and record operating cash flow. Group reported revenue, including charge-through sales, increased 10.1% to a record $16.4bn, with significant growth in sales volumes across all Pillars. Group underlying EBIT increased 19.9% to $401.4m with strong volume growth and improved leverage in all Pillars. In Food, increased earnings were underpinned by higher sales volumes and an improvement in the contribution from joint venture stores. In Liquor, significant earnings growth was underpinned by strong demand in the retail network, partly offset by lower sales to ‘on-premise’ customers due to the impact of COVID trading restrictions. In Hardware, exceptional earnings growth was driven by a significant increase in DIY sales, a return to growth in Trade sales and the contribution from acquisitions. “All Pillars performed strongly, and the Group has successfully navigated significant challenges and uncertainty associated with COVID, while continuing to implement our MFuture growth initiatives,” he says.

This, together with the continuation of an increased preference for local neighbourhood shopping and the migration from cities to regional areas, has driven strong sales growth across our independent retail networks, significantly improving their overall health.” Strong sales growth was delivered in all states, particularly in Victoria, where demand was impacted by extended Covid-related lockdowns. The IGA retail network, says Metcash, continued to benefit from a shift in consumer behaviour. This included an increased preference for local neighbourhood shopping, migration from cities to regional areas, more flexible working and cooking at home, and the success of MFuture initiatives to retain new and returning customers gained throughout Covid-19. Performance-wise, the IGA retail network performed strongly, with like-for-like sales increasing 10.5% compared with the prior comparative year. Source: Metcash

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.




Why MGA membership is crucial to my business Some business decisions are hard to make - they take time, research, analysis, financial considerations and so on but deciding to become a member of the Master Grocers Associations (MGA) was a “no brainer” for Lhere Artepe Supermarkets Pty Ltd. Our company joined the MGA over ten years ago when we first took ownership of three IGA stores in Alice Springs. What a great business decision that was Operating a business in a very remote location such as Alice Springs certainly has its challenges. For example, the population of Alice Springs is only around 26,000 people. There are two major national supermarket chain stores in town plus seven independents (three of which are ours), so competition is high in a relatively small marketplace. Added to this are the freight costs and the time it takes to get goods to the stores (and let’s not talk about how long it takes to get any equipment delivered). Including securing new

suppliers willing and able to deliver to a remote location, the hot weather, the different legislation requirements of the Territory Government compared to other parts of Australia and importantly securing and retaining staff - to name a few. Our Store Managers and other senior staff don’t have the same opportunities to attend industry conferences and information sessions that perhaps our colleagues do in urban centres, so keeping abreast nationally of what is happening is less easy for us. This is one area where we find the MGA invaluable. The information flow received from the MGA through their Independent Retailer Magazine and the Checkout

e-newsletters is just gold. We find out what is happening around the country, what other Independent Grocers are up to, what changes are expected to be introduced by the Federal Government that may impact our business, what workplace legislative changes are to be introduced. All this information is received in a very clear and timely manner. Thank you, MGA! Added to this, we have had opportunities to seek and receive sound advice for individual staff members from the MGA Legal and IR team on difficult staffing matters, employment contracts, rates of pay and so on. Special thanks are attributed to George Kovits, MGA National Liquor President, for the assistance he gave Lhere Artepe Supermarkets during the changes to the Northern Territory’s Liquor Act. George lobbied Government on our behalf and gave us sound advice on how these changes would impact our business— much appreciated, George. We want to thank the MGA for the services, advice and information it provides to us here in the middle of Australia.

L-R: Adam List Store Manager Eastside IGA, Temba Ncube CEO Lhere Artepe Enterprises | September 2021 | Edition 5

Sally McMartin Company Secretary and Manager External Affairs Lhere Artepe Enterprises NT - Alice Springs 3 IGA Independent Stores



The MGA board announces MiPlanet MiPlanet is the Independents solution to the massive “GREEN” media campaign from the Grocery Duopoly, which is about to become one of the largest customer discriminators in the shopping market. A Joint Venture Partnership between the MGA and ImFree gives Independents, their communities and suppliers a revolutionary platform to communicate to customers. Two years ago, the MGA Board decided sustainability would be a key focus for the MGA. MiPlanet has been the culmination of this strategy and represents a unique opportunity for members to be a part of a world first digital consumer platform. In the MGA Board assessment, never before has the Independent Membership been given the opportunity to lead innovation in the Australian Retail Sector. MiPlanet represents this opportunity. The technology is built on the next generation blockchain, is mobile, and functions in real-time. The Founder of ImFree, Crispian Dawes and CFO Drew Deep are excited to work with the Australian Independent Sector to promote sustainability to local communities, consumers and suppliers. Cris and Drew are Aussies who’ve led the world in commerce and strategic direction.

Cris is the former EVP of Interpublic Group (NYSE listed IPG), one of the world’s largest Advertising and Media Holding Companies. Summarising his relevant experience for these events, in 1996, he won the AFA National Effectiveness Award for the QLD Department of Justice with a strategy that reduced Juvenile Crime by 38%, leveraging the tools to drive social change and discipline. He developed HSBCs’ ‘The World’s Local Bank’ platform at a global scale, which generated 14 million new customers and $5 Billion in revenue in 6 months; arguably, the first ‘mass adoptive shift’ platform. In 2003 Cris was in HKSAR as an economic and public strategy advisor during SARS and was named by Adnews as one of the top 5 Strategists of all time. As a top-level Asia-Pacific CPA, Drew has been at the financial forefront of various surging markets. Drew

provides the right level of visibility, structure and direction to drive business performance and help emerging industries to reach their potential. The Board of the MiPlanet Joint Venture will be Cris Dawes and Debbie Smith as Co-Chairman, Drew Deep and Graeme Gough from the MGA. MiPlanet will be structured as a social enterprise to return significant value to the retailer and their communities. It will bring together a global initiative to drive down CO2 Emissions and provide recognition for the suppliers and retailers in this climate change economy. The platform will be ready to launch by the 1st of November in South East Queensland. This is great news for the environment, customers, communities and independent retailers.





Sustainability a pillar for success at Foodland As customer shopping behaviours continue to evolve, so does our desire to know where our produce is sourced, how our food is packed, delivered to and stored at supermarkets, as well as how livestock is fed and raised. Not only do we want to know if our bread has been kneaded by a baker close by, or that our meat has come from a farm only moments away with land to roam and grass to feed on, but we also want to know that our food is packed and packaged in a way that is kind to the environment. At Foodland, our community is as important to us as our environment. We want to live, work and play in a place that is preserved for future generations. With this front of mind, we examine our Foodland values every day. We won’t stop once we’ve achieved what we perceive as greatness. In time there will be market shifts that will see us question how we can further improve our operations to ensure the best shopping experience is maintained, and food provenance remains viable and strong. As we navigate a climate of Covid-19, we praise our dedicated frontline staff across our 95 stores, thank our loyal customers and acknowledge the tireless efforts of our suppliers and distributors. | September 2021 | Edition 5

What we give back is our commitment to tackling climate change, food waste, recycling, sustainable sourcing, renewable energy, building communities and health and wellness. We are the first independent supermarket in Australia to develop and action a sustainability strategy. Every decision that we make moving forward will be through the lens of sustainability. Over the last six months we have delivered some significant and critical changes across the Foodland brand that will see this strategy come into fruition. In May this year, all Foodland brand bread tags switched from plastic to 100% recyclable cardboard. A small change, but to deliver a truly circular economy, one needs to start small and expand from there. As of 1 July, Foodland is no longer carrying Foodland branded caged eggs. A decision was driven by not only our own desire but also the desire of our customers. As these caged eggs are phased out of our stores, local suppliers have a great opportunity to evolve and meet the increasing demand for this essential everyday item.

We recognise that the smallest things can have the biggest impact. We believe these small steps are essential for us as we move into a more sustainable future. Another recent addition to our stores is smart battery collection units. These smart battery recycling units come with electronics, GPS tracking, fill level sensors and heat detection and are designed to safely collect and store mixed household batteries and mobile phones. This new initiative will minimise such items going into landfills. Our community-led mindset means that our neighbours are in front of our minds, whether they are customers or contributors to our network. Our growth strategy continues to deliver more jobs to South Australians, more opportunities for South Australian brands to have a presence on our shelves, more support and opportunities for our local farmers and more pay-it-forward donations from the Foodland network to those who need it most. Sustainability is just the beginning. There’s so much to look forward to at Foodland, and it’s all for the greater good of our state and everyone around us.

Source: Franklin Dos Santos Foodland CEO




How to get ready for WA’s singleuse plastics ban MGA WA Director and IGA Fresh Roleystone store owner Ross Anile and MGA CEO Jos de Bruin are members of the WA Single-Use Plastics Item Ban Task Force. Both attended a meeting on the 13th July 21 and after that to discuss the bans and how the bans could be phased out so as not to disrupt members businesses. MGA’s role is to represent WA members to assist the WA Government in implementing its environmental strategy and mitigating any risk of further costs or burdens being placed upon members businesses. The singleuse plastic item bans will take place in 2 stages—stage 1 by the end of 2021 and stage 2 in 2022. It has come to light that thick plastic bags used by members to assist customers at the registers who have forgotten their recyclable and reusable bags will now also be banned for use by the end of 2021. The WA Department for the Environment has said that banning these plastics is an important step towards a more sustainable future, which is important for WA and the planet as a whole. Small businesses need to plan for this ban’s impacts on their operations if they have traditionally relied on disposable plastic products to serve their customers. Here is a quick guide to some of the changes coming - and what you can do to get your business ready.

What are “single-use” plastics? Single-use plastics are plastic items that are designed to be thrown away after one use and can’t be recycled. What will be included in the stages of the plan? Stage one of the plan, to be completed by the end of 2021, will see plastic shopping bags (thick), plates, bowls, cutlery, stirrers, straws, cups, polystyrene takeaway containers and helium balloon releases banned in WA.

from bamboo, hard cardboard, natural or recyclable materials - or you may be able to introduce reusable alternatives. Look at your previous wins. Adjusting to changes and new regulations is part of running any business - it just takes time to plan ahead and then to adjust to the new changes. Members’ businesses have already adapted to the plastic bag ban and container deposit schemes, and members can take a similar approach to now removing “thick” single-use plastics from your business.

Stage two of the plan is set to be completed by the end of 2022. This includes a ban on single-use plastic takeaway coffee cups and lids, produce bags, certain types of cotton buds, polystyrene packages and microbeads.

There’s no doubt that single-use plastics have been convenient and cheap to provide - but now it’s time to focus on a more sustainable future.

How to manage the impact on your business

Being more environmentally friendly in your business provides benefits for your customers, which can positively impact your business in the longer term.

There are many more sustainable options available once you start exploring single-use plastic alternatives. Some products are made




Western Downs stores looking to improve sustainability

Travel 2 hours west of Brisbane through the Toowoomba shire, and you will arrive in the Western Downs Regional LGA. A Shire which amazingly covers an area the size of Switzerland, thrives with its primary industries being Agriculture (beef, sheep and goats), forestry, broadacre grain and cotton and fishing. The growth in the general population comes with the challenge of the large national retailers moving in on the space of the local Independent Grocery store. One of the ways to handle the challenge is to band together and face the task head-on. Around 70 years ago, a group of Dalby locals formed the Western Downs cooperative that is still alive and trading today. The first acquisition for these 600+ shareholders was a grocery store known as the Dalby Foodworks located opposite a McDonalds with an Aldi store directly behind. A town of around 13,000 people, the independent store also has competition from both Coles and Woolworths. The Western Downs cooperative is known for supporting the local communities and purchased a second store in Tara. The outlet, recently updated in 2018 with a purpose-built state of art 2000 sqm building behind the existing site. Sales from this $5m | September 2021 | Edition 5

investment have been exciting. The local community supports the bold move to develop a greenfield site in a community of fewer than 2500 people with an ageing demographic.

The latest group acquisition was 12 years ago in the township of Milmerran at the southern end of the shire. This site was previously a hardware and produce building and features murals


QUEENSLAND on the exterior wall depicting the heritage of the Milmerran site as a Dairy Co-op association established in 1936. The township of Milmerran has less than 2000 people and another independent IGA supermarket to service the local community.

Reasons for Success

unique offering of convenient, readyto-eat foods. The local Delizia Gelato is a good example of this, available in a single scoop or take-home pack. Customers queue up at lunchtime for these products. Interestingly the group doesn’t have a standout trading day, with sales well balanced across the week.

Like many Independent supermarkets finding that point of difference to tackle the larger competitors is not always easy. However, the Western Downs cooperative can boast of having loyal customer service focused staff second to none. Their management team comprises Group manager Nicole based at Dalby with 29 years of service, Benita at Tara with 19 years of service, having been with the coop since 14 years of age and Trudi at Milmerran, who relocated to the town to take up this position.


Another reason is adapting to areas and categories that the competitors can’t and being nimble in the process. Whilst having the normal range of grocery categories, the stores have a

The Foodworks group of stores is looking further into becoming more sustainable, focusing on reducing their waste and implementing the Battery drop off campaign for their

In recent times all three stores have embarked on implementing refrigeration upgrades to encompass enclosed units with large shopper-friendly glass doors across most categories.

loyal customers. Whilst looking to minimise waste reduction by recycling and reusing as much as possible, the implementation of Cardboard, Plastic and organic waste initiatives is currently being reviewed with program deployment in the near future. Being in a rural community, the group believes it is important to treat waste with respect, and the future looks promising for the community-based Western Downs cooperative.

This has helped minimise Organic waste by keeping items fresher for longer. The Glass doors have also reduced power bills and the groups’ impact on Carbon emissions.

WHITE CLAW ® HARD SELTZER MAKES WAVES ON AUSSIE SHORES White Claw touched down on Aussie shores with a splash last October! The #1 Hard Seltzer in the USA (+125% in 2020*), White Claw has quickly become a must-have beverage for Australian made occasions, from BBQs to picnics, from weekends away to sun-soaked afternoons with mates, and now accounts for one in five Seltzer sales in Australia! Made with sparkling water, a triple distilled spirit base and a hint of natural fruit flavour, White Claw delivers epic refreshment like nothing you’ve ever tasted. White Claw comes in three Epic Flavours: Mango, Natural Lime and Ruby Grapefruit. Sources: IRI USA Jan 21, IRI AU Feb 21

Hard Seltzer is continuing its strong growth, and after less than 18 months in the Australian market, the Hard Seltzer category has grown locally to a retail sales value of $37 million. Discover a surge of pure refreshment. To place your order for White Claw® Hard Seltzer Phone: 13 15 13 Online: Contact your Lion Sales Executive






Western Australia - Commercial Tenant Act Review MGA’s Ross Anile and Jos de Bruin are committee members together with other WA Industry Organisations that will be working together to drive for a fair Commercial Tenancy Act Review (CTA). The CTA review provides an opportunity for Small Business to address leasing issues which have been a cause of significant concern for MGA members over the years. Also noting that COVID-19 has compounded member concerns regarding leasing. Based on the discussions to date, it is clear that:

• Rent is most often the second

largest or largest business cost.

• Leasing is an important issue for

many members, and it is a critical issue for some.

• COVID-19 has compounded

leasing difficulties experienced by tenants.

• If reasonable changes are adopted in legislation via the CTA review process, the potential value returned to the small business sector is likely to be in the tens to hundreds of millions of dollars across the state. • If tenant advocacy is not strong

enough, property industry advocacy could result in the watering down of cornerstone protections of the Act, such as the right to a minimum 5-year term. This is already on the public record

Save on contactless debit card transaction costs Even if transaction costs are small, they can add up fast. We offer Least Cost Routing (LCR) so you don’t pay more than you have to. With LCR, your contactless debit card payments are directed to the most cost-effective channel. Learn more at

©2021 eftpos Payments Australia Limited. All Rights Reserved. | September 2021 | Edition 5

for the 2021 review.

• The outcomes achieved (positive or negative) through the review process will be highly dependent on the initiative, hard work and collective voice of the small business sector.

MGA will be working with the other small business industry groups, such as the Pharmacy Guild, to provide the department or government with a clear and united tenant mandate of what to change to benefit tenants and to oppose a very strong property industry cohort representing large landlords.




Illicit Tobacco - Queensland George Kovits and Jos de Bruin from MGA, together with other industry organisations, met with Qld Minister for Police the Hon. Mark Ryan MP on the 10th August 2021. The purpose of this meeting was to discuss the scale of illicit tobacco across Queensland and the significant impact on the viability of Qld Small Businesses who stock and sell legitimate tobacco products in a strictly regulated environment.

loose tobacco at less than half the price of their legal alternatives.

MGA sought immediate assistance from Minister Ryan despite this issue being of federal jurisdiction. Discussions included what could be done to eradicate this illegal sale of tobacco and what are the actions to this end. It now accounts for greater than 20% of the Australian market.

This is having a major impact on Queensland small businesses, who are now just finding their feet again in a post COVID environment. Small retailers lose cigarette sales and the sale of other items adult smokers usually buy when in their shops. The group offered to work closely and collaboratively with Qld Government and Police to help eliminate smuggled, counterfeit, and illicit tobacco products.

A low-cost tobacco licence could be introduced as a possible solution. This could become a control and reporting mechanism as well as provide a response to rogue traders across the state—heavy fines for tobacco sellers who don’t have a tobacco licence. The absence of a dedicated licensing framework results in an increased illicit tobacco presence across the state, led by emboldened criminals who are willing to take the risks that regulatory gaps expose. At a minimum cost to the legitimate retailer, such a scheme would ensure due process is undertaken on compliance to regulation and central database storage of compliant and non-complying outlets is maintained whilst acting as an effective deterrent for criminals.

The past 24 months have witnessed an explosion in illicit tobacco sales. The presence of illicit tobacco retailers in nearby proximity to legitimate tobacco retailers means tens of thousands of dollars a week in lost sales for retailers.


The trade-off for compliant retailers of additional red tape and minimal cost would be stronger enforcement of illegal trade activity. MGA will continue to liaise with the Qld Government to address this serious issue

Shopfronts who are dealing in illicit tobacco can offer cigarettes and

In stores from 1st October - 31st December Contact your Brown Family Wine Group Area Manager for further details

Illegal tobacco




Criminals profit. Your community pay.

What is illegal tobacco? • • •

Tobacco grown, manufactured or produced in Australia without a licence. Imported tobacco for which no duty has been paid. Tobacco sold without payment of taxes.

822 million


went to criminals instead of the community*

Growing tobacco in Australia for commercial sale or personal use is illegal. *2018–19

Life cycle of illegal tobacco

• • • •

2.5 metres tall Large green leaves Long trumpet-shaped, white-pinkish flowers May resemble kale, cabbage or corn.

Signs of an illegal growing operation • • • • • •

Intense labour production between November and May People approaching real estate agents, landowners or farmers to lease land Unusual earthworks along creeks and rivers Unexplained and potentially unlawful use of water resources An unexplained strong tobacco odour Unusual source of loose tobacco

The ATO is part of the Illicit Tobacco Taskforce, which was established to detect, disrupt and dismantle serious organised crime syndicates that deal in illicit tobacco. Up to 30 June 2021 our results are:

> 496,000 > $571 kilograms million Seized and destroyed

Estimated excise value

Let’s cut illegal tobacco off at the root • • • •

Report growing operations Stop buying illegal tobacco products Report illegal tobacco products being sold Report suspicious activity.

Phone 1800 060 062 to anonymously report suspicious activity. | September 2021 | Edition 5 Visit for more information.

NAT 75384-07.2021 [DE-36315]

Would you recognise a tobacco plant?




South Australian Tobacco Control Strategy 2021-25 On behalf of our 272 South Australian members, MGA provided important feedback to the SA Government in respect of the future structure of tobacco control in South Australia.

MGA stated its support for the first four key priorities and proposed key actions for the 2021-25 Strategy: 1. Social Marketing and Public Education 2. Evidence-based Smoking Cessation 3. Reducing smoking prevalence in Aboriginal communities 4. Smoke-free areas MGA emphasised that South Australia already has some of Australia’s strictest tobacco licensing retail laws, and adding any additional regulatory burdens to the system would add more costs and complexity to the Independent Supermarket sector. MGA also pointed out that the current SA Tobacco laws must be enforced to eradicate unsavoury activities such as the availability of illicit tobacco. The biggest challenge facing legitimate tobacco retailers in South Australia is the increasing rise of illegal tobacco sales. This issue is also eroding the progress being made to reduce tobacco consumption, particularly among the underage and indigenous cohorts. The latest KPMG report states that illegal tobacco represents 16.9% of total tobacco consumption costing $2.9 billion in lost tobacco excise, and States and Territories their share of lost GST.

Until the South Australian Government strongly enforces the existing laws and prosecutes those selling illegal tobacco, none of the actions outlined in the draft strategy can be effective. In SA, legitimate retailers of tobacco products who comply with the laws relating to the sale of tobacco suffer lost sales and profits because of illicit tobacco availability, impacting the viability of their businesses. Some of the actions the SA government is considering 1. Consider regulatory oversight of the number, type and location of tobacco and e-cigarette outlets, particularly near schools and in areas of social disadvantage. 2. Consider adopting measures to enhance the tobacco and e-cigarette licensing scheme to ensure best practice monitoring and oversight of sales and promotions. 3. Consider options to strengthen the regulation of gifts and benefits in connection with tobacco and e-cigarette sales, including benefits provided to retailers for selling certain products and bulk-purchase discounting for customers.

4. Examine options for strengthening controls on the promotion and sale of tobacco and e-cigarette products to young people, particularly at the point of sale. MGA has responded to this SA Tobacco Control Strategy inquiry by lodging a submission with the SA Government suggesting that SA’s tobacco restrictions are already adequately strict, and the only recommendation is for the SA Government to assist with the stamping out of illicit tobacco trade.




Cigarette smuggler sentenced to jail A 64-year-old NSW man has been sentenced to imprisonment of 21 months to be served by way of Intensive Corrections Order after pleading guilty to tobacco smuggling offences contrary to the Customs Act 1901. On 19 May 2020, the Illicit Tobacco Taskforce (ITTF) investigations identified the sea cargo container, which contained approximately 10 million illegally imported cigarettes destined for an address in Sydney. On receipt of the goods, the man was arrested and charged with tobacco smuggling offences under section 233BABAD of the Customs Act 1901 after accessing the container. The man pleaded guilty to smuggling tobacco on 5 February 2021 and on 5 August 2021, was sentenced in the Downing Centre District Court to imprisonment of 21 months to be served by way of Intensive Corrections Order. In addition to the standard conditions, the man is to complete 200 hours of community service and is to participate in a program to address his gambling problem. In addition, the AFP-led multi-agency Criminal Assets Confiscation Taskforce (CACT) obtained restraining orders over $3.25m of assets under the Proceeds of Crime Act 2002 (Cth). ABF Commander Special Investigations Greg Linsdell said the ITTF is committed to stopping criminal groups from profiting from importing and selling illicit tobacco. “We know organised criminal groups use the profits from the sale of illegal tobacco to fund other illegal activities,” he said. “ABF officers have the tools, technology | September 2021 | Edition 5

and expertise to detect attempts to import illicit tobacco and ensure people engaging in this criminal activity will face the full force of the law.” MGA is a member of the Illicit Tobacco Industry Group (ITIG), working closely with other retailing organisations and the Australian Border Force and ATO to share information and develop measures to combat the illicit tobacco trade. This illegal trade costs retailers millions of dollars in lost sales. As reported in the KPMG 2020 Report on Illicit Tobacco in Australia, it has cost the government an estimated AUD 2.9 billion in lost excise. Money which could have gone back into infrastructures such as hospitals and schools.

Penalties for selling illicit tobacco products include: • criminal penalty – this is a criminal conviction with a prison sentence of up to five years or at least a $222,000 fine or both.

Penalties for buying illicit tobacco products include: • criminal penalty – this is a criminal conviction with a prison sentence of up to five years or at least a $222,000 fine or both.

Penalties for manufacturing or producing illicit tobacco include:

There are large penalties for stocking, buying, or selling illegal tobacco products

• criminal penalty – this is a criminal

Penalties for possessing more than two and less than five kilograms of illicit tobacco include:

MGA encourages all members to report any illegal sales activity that they are aware of anonymously to

• civil penalty – this is a Penalty

Infringement Notice of at least $44,000.

Penalties for possessing over five kilograms of illicit tobacco include: • criminal penalty – this is a criminal conviction with a prison sentence of up to five years or at least a $222,000 fine or both.

conviction with a prison sentence of up to 10 years or at least a $333,000 fine or both

Australian Border Watch Australian Tax Office Or contact MGA national hotline 1800 888 479 or email



Peter Filipovic ceo cub retires after 25 years Asahi Beverages has announced that Peter Filipovic will be retiring as CEO of Carlton & United Breweries (CUB), the Asahi Australian alcohol business division. Mr Filipovic, who will shortly achieve 25 years of service with the business and helped oversee the successful integration of CUB in June 2020, Asahi Beverages and Mr Filipovic decided that now was the right time to announce his intention to retire from the business. Mr Robert Iervasi, Group CEO of Asahi Beverages, commented: “Peter has played an important role in the smooth integration of CUB and the continued growth of our business. He has given great service to CUB and Asahi Beverages. “Asahi Beverages plans to announce the new CEO of the CUB business division in Q3 2021. That person will also join our Asahi Beverages Executive Leadership Team. They will play an important role in helping deliver on our multi-beverage strategy and leading our very experienced CUB Leadership Team.” Mr Filipovic, CEO of CUB, commented: “It’s been a privilege to have served as CEO of CUB and a member of the Asahi Beverages Executive Leadership Team. It’s a phenomenal business with exceptional people and an unrivalled portfolio. I’m leaving the business knowing that it’s in great hands and well set-up for long-term success.”

Peter will step down as CUB CEO once a new CEO for the business has been appointed. On behalf of the MGA Board of Directors and the National Liquor Committee, we wish Peter well with his future endeavours. We thank him for all the support he has given the MGA and directly to the independent packaged liquor sector.





FoodWorks takes recycling seriously FoodWorks has partnered with Ecobatt, the recycling division of EcoCycle, to offer a convenient household battery recycling service at FoodWorks, Bacchus Marsh. This will be one of a number of collection facilities offered across Australia. Ecobatt is one of Australia’s largest battery recovery and recycling companies in Australia and is fully licenced by the EPA. Ecobatt can recycle 95% of the materials in a battery, preventing them from going into landfill and leaking toxic materials such as lead and mercury into the environment. FoodWorks National Procurement Manager, John Leroy said: “We can help local communities take a stand for the environment by making it easy to drop off used batteries as part of their regular weekly shop. By offering this free service, and accepting all household batteries, no matter where they were purchased, we can help the community to participate in the circular economy where waste is recognised as a resource.” Used batteries contain a number of valuable components that can be recycled and safely used for new batteries or new products, such as fertilisers. Recovered metals like copper, aluminium and steel also have many practical uses in manufacturing and in industrial applications. Despite this, less than 10% of all batteries used in Australia are currently recycled. Visit a FoodWorks store. | September 2021 | Edition 5

The ecobatt Green Deposit Bin at Foodworks, Bacchus Marsh.




1 2 0 2

We provide an option for each Smart Collection Unit to be fully sign-written with your own branding with minimal limitations to what you might want on the cabinets.


Ecocycle takes environmental and corporate compliance seriously and is one of the only recycling companies that is ISO9001, 14001, 18001 and AS/NZ 5377 certified.

Ecobatt’s aim is to put one of our smart units in every Foodworks store in Australia, providing your clients with safe and convenient battery recycling.

With the introduction of Australia’s Battery Stewardship scheme starting in 2021 and the marketing campaign leading into it, the time is right for Foodworks to offer an environmentally positive and free service to their customers.

420mm 420mm

A division of

If you are interested in securing one of these units for your store please fill out the form below, safe this completed document and send back to Store Name: Store Suburb: Store Contact Name:

Store State: Store Contact Number:

Store Email Address: Once we have received your completed form, we will get back to you with installation dates.




The importance of weights measurements and labelling

The Law The regulation of weights and measures is necessary for science, industry, and commerce. Trade measurement laws ensure Australian consumers get what they pay for. Trade measurement laws apply to all retail and wholesale transactions where measurement determines the price. Australia’s trade measurement laws cover: • the definition of the legal units of measurement

• the use of measuring instruments for trade

• testing and verification of measuring instruments

• transactions by measurement • pre-packed articles and their labels | September 2021 | Edition 5

• licenses that businesses require to verify measuring instruments

Equipment Measuring instruments used for trade include:

• scales (to determine weight) • rulers (to measure length) • petrol pumps (to measure volume) • utility meters • weighbridges • point of sale systems

The Authority The National Measurement Institute (NMI) administers Australia’s trade measurement laws:

• National Measurement 1960 • National Trade Measurement Regulations 2009

NMI also maintains measurement standards and provides the legal and technical framework for the standards. The NMI website has specific information about trade measurement laws for:

• alcohol • bread and bakery goods • firewood • fruit and vegetables • landscape materials • meat • seafood • fuels • precious metals/stones




These include:

• a verbal warning • a notice of non-compliance at the

end of an inspection—this notice may include remedial actions that have to be carried out by the packer, importer, possessor, or seller

• a written warning • an infringement notice with associated fine

• an enforceable undertaking • an injunction • prosecution • All businesses must comply with trade measurement laws if they:

• sell goods by measurement (such as weighing fruit and veggies for sale)

The Inspectors To ensure the business complies with the law, the Department of Industry Science Energy and Resources employ trade measurement inspectors. An inspector may visit a business at any reasonable time of day. They inspect businesses

• in response to a complaint or enquiry from a consumer

• as part of a trade measurement compliance program

Inspector Powers » record details of the building,

place, vehicle, packages or measuring instruments by filming, photographing, or making sketches and notes

» test packages by examining or measuring, which may require breaking them open

» test and verify measuring instruments

» check if serving licences

verification marks have been properly applied and the instrument’s details have been provided to NMI

» examine a packer’s, importer’s,

possessor’s, or seller’s records, and take copies of documents when necessary

» seize documents, records, packages or measuring instruments

» translate records or documents into English where needed

Inspector obligations » identify themselves and produce their identity card on request

» tell the person in control of the

premises or vehicle that they are authorised to enter business premises or inspect a business vehicle

» when entering residential

premises with a warrant, provide a copy of the warrant to the controller of the premises

» when entering residential

premises without a warrant, seek consent from the person in control of the premises and inform them that they can refuse consent

» provide a copy of any seized

document or record that can be readily copied to the controller if requested

» provide a receipt for anything seized

Enforcement NMI (National Measurement Institute) has a range of enforcement options for offences under trade measurement legislation.

• manufacture, pack, import or sell prepackaged goods

• supply or maintain measuring instruments

What businesses need to do to comply Businesses need to ensure that the weighing/scale equipment:

• is verified before use by a licensed technician

• used in the correct manner (e.g., level and indicating zero before use)

• kept clean and in good working order • verified after each repair or adjustment

• scales that weigh and sell aren’t

pre-packaged (like loose fruit and vegetables), must be positioned so that customers can easily see the weighing process

• any attached modules (i.e., POS

system) are approved for trade use is suitable for their intended purpose

Benefits When a business ensures that they are compliant, the outcomes are:

• satisfying customers by accurately filling orders (happy customers= happy staff/more sales= profitable business)

• avoid fines • save money by not unintentionally giving away product



NATIONAL The size of the type in warning statements must be at least 3 mm in depth, except on small packages where the size of the type must be at least 1.5 mm in depth. Over the last year and heading into the next, the NMI will be focusing on fruit and vegetable retailers and meat and seafood wholesalers. Trade measurement inspectors will be visiting traders in these industries to assess compliance with trade measurement legislation. They will be conducting open audits as well as secret-shopper to assess compliance with trade measurement legislation.

It’s not just about the weighs and measurements Another responsibility when a business supplies a product is to ensure that the labels meet certain obligations. These include

• mandatory information standards, including the Country of Origin of Food Labelling Information Standard 2016

• industry-specific requirements,

such as the Food Standards Code

• labelling requirements for imported

and exported products that sure it complies with the Competition and Consumer Act 2010.

• Fair trading laws and food laws

in Australia and New Zealand require that labels do not misinform consumers through false, misleading, or deceptive representations. The laws that cover this in Australia include;

• Australian Consumer Law (ACL)

The Food Standards Code Australian New Zealand (FSANZ) includes the general labelling and information requirements that are relevant to all foods and sets out which requirements apply in different situations (for example, food for retail sale, food for catering purposes, or an intracompany transfer). The Code also includes specific labelling and information requirements that apply to certain food products only. Other than the weights and measurement on the label, other inclusions would be; Name or description of the food foods must be labelled with an accurate name or description that indicates the true nature of the food

For further information on trade measurement or on the National Compliance Plan, please visit

Trade measurement topic/regulations-andstandards#measurement Email: Phone: 1300 686 664

National Compliance Plan

Food Standards Australia New Zealand

Legibility requirements labels must be legible and prominent, so they are distinct from the background and in English.

contained in the Competition and Consumer Act 2010

• State and Territory Fair Trading Acts and Food Acts

The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010. | September 2021 | Edition 5

MGA INDUSTRY TRAINING IS HERE FOR YOU! Call our specialist team 1800 888 479 (option 2)



MGA TMA Report to members Marie-Claire McKiernan | MGA TMA National Membership Manager

With COVID-19 impeding our face-to-face interactions, we have all been impacted differently. Recently we submitted an article to industry magazines, Timber Trader amd Australasian Timber on the importance of mental health in the workplace, that addressed mental health matters to create awareness. Timber and hardware members are currently facing significant timber supply issues. In an article in Australian Hardware Journal, we covered the issues of timber shortages, spike in building approvals resulting from the stimulus package, HomeBuilder, and rise in building and renovation across all Australian states. In addition, there are issues with imports with sawmills operating at capacity. We have worked with government departments regarding the frustration around lockdowns and ambiguity of those considered essential workers. Consulting with SA Government officials, we provided clarity to members regarding the recent lockdown in Adelaide and confirmed our businesses could remain open. In certain NSW local government areas, the construction industry was shut down, including frame and truss manufacturers. Following communication from Frame & Truss Manufacturers Association of Australia (FTMA), Jos de Bruin, MGA TMA CEO, consulted with government contacts to successfully have frame and truss employees included as essential workers. Current times are challenging across the country and the needs of our members are front of mind. Please do not hesitate to contact us should you require any support or assistance. Please phone 1800 888 475 or email





Is my store at risk of a ransom attack? As the number of cyber-attacks continues to rise, protecting the systems and data your supermarket relies on is more important than ever. An increasingly common type of cyber-attack is ransomware, which can have an instant financial impact as well as long-term consequences. As the number of cyber-attacks continues to rise, protecting the systems and data your supermarket relies on is more important than ever. An increasingly common type of cyberattack is ransomware, which can have an instant financial impact as well as long-term consequences. The concept behind ransomware is simple. Hackers encrypt all the systems, | September 2021 | Edition 5

files, folders and drives and then demand a ransom to be paid before they reinstate them. Ransomware is cheap to deploy and widespread, so even if only a few victims pay, attackers will likely make a handsome profit. As such, cyber criminals attacking in this way will typically take a “scattergun” approach in targeting their victims. Being attacked by a ransomware

hacker is financially damaging for a business, and if it’s handled badly, the damage to your company’s reputation can be irreparable. So how does that effect my supermarket you’re wondering. Imagine your point of sale, eftpos machines and cash registers were inaccessible for a day; now imagine the financial and reputational damage you’d suffer if they were down for a week.



Goods couldn’t be scanned and even if they could most customers don’t carry cash, and if they did have cash there would be significant security concerns surrounding money handling. Not to mention all the food expiry on shelves because customer traffic had decreased substantially. Unfortunately, there is no IT security system which has proven to be 100% cyber proof. So, to compliment a supermarket’s IT risk management is cyber insurance. Cyber insurance will cover the cost of a ransom, it will pay for emergency forensic experts to investigate the hack and solve the

problem. During the down time the insurance policy will also cover your loss of profits and pay for a public relations firm to assist with any reputational damage and to let customers know your store is open for business again. At Adroit we’re no strangers to the subject of cybercrime, and we will always be happy to share our knowledge with you. Talk to us about your cyber weak spots and ways we can help you protect your business and – if the worst happens – how we can help you with one of the growing numbers of cyber insurance policies that are available now in the market.

If you would like to discuss any aspect of your supermarket insurance program, please contact our specialist supermarket Risk Advisers at Adroit Insurance & Risk on 1300 My Adroit for a free health check on your supermarket insurance program.





Welcome to our new corporate partner – Till Payments Till Payments is proud to be partnering with MGA TMA, promising a fresh new approach to payments for Australia’s independent retailers. In 2012, Till took unattended parking to the next level. From there, this dynamic Australian-born technology company has made simple, all-inone payments possible across every channel – from online to mobile to instore, and everything in between. Till simplifies the hundreds of payment applications crowding the market today and helps take away the technical overwhelm many retailers face regarding payments. Rather than a clumsy, costly, frustrating process, Till will integrate your apps seamlessly so you don’t have to change systems – which can be a real lifesaver for rapid-turnover businesses invested in legacy systems. But perhaps the biggest value-add for the FMCG and grocery sector is our ability to create a bespoke payments solution that matches your unique business goals. “Till creates more shopping opportunities for hard-working retailers,” said Shadi Haddad, Founder & CEO. “Our constant focus is on the customer payment experience and removing every element of friction, helping businesses accept payments wherever their customers are, so you get paid faster.” “Retailers are the ones who suffer from slow-moving incumbent systems, multiple providers, multiple pricing, | September 2021 | Edition 5

and reconciliation issues,” explained Mr Haddad.

program, your stock control, and so much more all in one.

Many high-touch businesses have opted for Till’s Pay By Link product, making it possible to send a payment request in seconds, get paid in minutes, and have a same-day settlement.

Till is currently helping hundreds of merchants in [12] countries across [500] cities. Its headquarters are in Australia, with teams in London, Manila and across the US.

Others have used Till’s expertise to extend their reach and bring cash flow forward by providing more ways to pay online, BNPL, extended aisle, at the table, on the go, click & collect, drive-thru and in-App and backend.

At Till everything’s possible, so get in touch today and add value with some fresh, out-of-the-box thinking: 1300 369 692

Till prides itself on accepting all sorts of payment possibilities too: cards, currencies, QR codes, gifts, loyalty, NFC, multi-sensory and emerging biometric technology are all ready to take you into the future. Suppose you installed a next-gen Till terminal today. In that case, you could use its built-in open gateway technology to power your accounting system, your product catalogue, your customer loyalty




You’ll love Zymil because Zymil loves you. For more information please contact your Lactalis Australia Pty Ltd Representative Lactalis Australia Pty Ltd, 35 Boundary Street, South Brisbane QLD 4101 Phone: 1800 000 257 Fax: 1800 335 188 Email:

DATE: JOB NUMBER: FILE NAME: SIZE: | September 2021 | Edition 5

13-08-2021 LAC0395 MGA Zymil Half Page 188mm x 120mm

*As part of a healthy and varied diet, consuming Zymil instead of regular milk helps ease digestion in those who are sensitive to lactose.



Kulara Estate’s Rare Penny extends collection with three new varietals by Dean Di Sipio Edgemill Group | Kulara Estate

Australian wine producer, Kulara Estate announces the extension of its Rare Penny collection, a curated range of select varietals crafted from exceptional fruit sourced from renowned growing regions across south-eastern Australia. The release of three new varietals, the 2021 Sauvignon Blanc, the 2021 Pinot Grigio and the Prosecco NV adds further depth and character to an already-diverse assortment of wines. First, the 2021 Sauvignon Blanc exhibits zesty citrus aromas with nuances of tropical Gooseberry, in addition to a crisp and well-balanced palate that denotes flavours of grapefruit, passion fruit and guava. Andrew Powley, the winemaker says to expect a light-bodied wine with a refreshing hit of tropical fruit flavour. Further, this quintessential Australian Sauvignon Blanc pairs well with shellfish, delicate white fish, as well as crisp green vegetables, and fresh salads tossed in citrusy dressings and herbs. Second, the 2021 Pinot Grigio showcases a bouquet of ripe peaches and nectarines, while the palate is fresh and well-balanced with a delicate stone-fruit sweetness. This versatile Pinot Grigio pairs well with deli meats, fresh salads, as well as seafood and grilled meats. The wine maker says that this crisp and easy-to-drink wine is perfectly suited to typical Aussie barbeques. Third, the Australian Prosecco possesses delicate stone-fruit aromas with a hint of cantaloupe melon, which compliments a vibrant and fresh palate that displays flavours of apple, peach, and pear. This fragrant prosecco is the perfect accompaniment to antipasto platters, also it mixes exceptionally well in

classic spritzers. The winemaker says that this easy-drinking prosecco is perfect for any occasion, whether it is enjoyed on its own, mixed in a classic spritzer or shared with food. In addition, Kulara Estate’s general manager, Zach Wilson says that the launch of these new varietals strategically coincides with the leadin to summer, explaining that these wines have been specifically produced to help consumers celebrate the season by providing crisp, refreshing, and easy-drinking varietals that are perfectly suited to outdoor occasions such as al fresco dining, barbeques, and picnics. Moreover, the general manager acknowledges that the producer’s strategic approach is reflective of the evolution of Kulara Estate’s business model. Particularly due to a collaborative marketing and sales focus which delivered a robust research and development policy, whereby the marketing department rigorously analyses global trends and local category insights to determine viable growth opportunities for the organisation and its distribution partners. Finally, the Rare Penny collection is exclusively available to Kulara Estate’s independent off-trade partners,

which highlight’s the organisations commitment to the Australian independent liquor retail industry. The continued support provides our independent partners with attractive margins, and more significantly value. Also, margins as well as value perceptions are preserved due to the collection being inaccessible to the national retailers, thus a fixed price is not being advertised nationally. Starting from $13.99 RRP, the collection boasts nine distinct varietals, providing superb Australian wines that appeals to every palate and occasion. Excellent distribution, as well as ranging opportunities and further discount support available. Email or phone +61 3 9982 8700 to learn more.

About Kulara Estate: Kulara Estate is proudly Australian owned and operated, founded by the Stavrakoulis family in 1998, the vineyard is located in the picturesque Ebenezer district in the northern most reaches of South Australia’s renowned wine-producing region the Barossa Valley. Our brands include Matilda’s Ghost, Rare Penny and Lightning Creek, each offers a distinct range of Australian wines crafted to provide exceptional value to our customers (distribution partners) and consumers.





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 |

Access your member discounts and SAVE! AFSL 244348 | September 2021 | Edition 5

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.

GPK Communications Bundle Simplifying the building blocks of a digital communications system




NBN 100 Plan with unlimited with unlimited data.

3CX Virtual phone system with two lines (included calls)

Barracuda Managed Firewall with advanced security

Communications Bundle




Trading Terms and Conditions can be found on the GPK Group website *Bundle is based on a 36 month agreement—Total cost of agreement $17,928. All pricing advertised is exclusive of GST.

MGA Member Offer

Barracuda 4G backup modem



GPK Group 1300 000 475 | |



Save on contactless debit card transaction costs Even if transaction costs are small, they can add up fast. We offer Least Cost Routing (LCR) so you don’t pay more than you have to. With LCR, your contactless debit card payments are directed to the most cost-effective channel. Learn more at

©2021 eftpos Payments Australia Limited. All Rights Reserved. | September 2021 | Edition 5

Profile for MGA Independent Retailers

MGA Independent Retailer Issue 5 September 2021  

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