Aussie Painting Contractor Magazine December 2021

Trade Material Supply Shortages How to cope with it...

Managing a CASH CRISIS

Understand the cause and the the action you’re taking to avoid a repeat repeat

How to Prepare Your Business for the Coming Headwinds Myths and Facts About Coaching and Training

Give the trainee a chance to succeed.

www.aussiepaintersnetwork.com.au

From the

Editor

Hey Everyone, Welcome to the final edition of the Aussie Painting Contractor Magazine for 2021.

CONTRIBUTORS

• Andy Smith • Anthony Igra • Helen Key

I would like to thank our team for all the hard work done over the last twelve months.

•

What an amazing year it has been, ups and downs but always growing and moving forward. From lockdowns and holidays spoilt, to getting more work than most can handle.

• Jim Baker

Over the last 12 months, APN have trained hundreds of apprentices all around QLD on behalf of RTO’s, started a Trade Ready Program funded by CSQ, assisted painters in recovering $100,000+ from clients not paying, delivered another 11 APC Magazines, helped painters find staff, brought the latest industry information to you and finally, we have been on the end of the phone for all the industries wants and needs.

APN have moved into it’s new premises, and you will hear more about the exciting things coming soon.

Remember, we are here for all the industry if you need help, just reach out.

Lastly, I hope everyone has a safe and merry Christmas and we look forward to talking to you in the New Year.

jeffpainterguy

• Leo Babauta • Michael Baron • Monroe Porter • Robert Bauman • Sandra Price EDITOR Nigel Gorman

See you on 2022, Happy Painting!!

GRAPHIC DESIGNER J. Anne Delgado

Nigel Gorman

nigel@aussiepaintersnetwork.com.au

07 3555 8010

Advertise with us...

1800 355 344 07 3555 8010 info@aussiepaintersnetwork.com.au www.aussiepaintingcontractor.com

Contents 06 10 15

How to cope with Trade Material Supply Shortages

19

Everything is a Practice

24

27

‘Half-Full’ or ‘Half-Empty’

30

5 Types of Trade Insurance you’ve never heard of...

37

Chance encounters in the workplace help build trust –

41

Myths and Facts About Coaching and Training

44

Settttlement Offers How to accept it...

Are you an ‘Optimist’ or a ‘Pessimist’?

Show them who you are...

Managing a Cash Crisis Identify the causes and take action!

Difficulty that come across is something to practice with.

How to Prepare Your Business for the Coming Headwinds Businesses that wants to stay in business needs to be able to change their response.

You might not have heard of these, but could find quite interesting…

so how do you replicate that online?

When you get an offer from a debtor to pay, you need to follow these 6 steps.

48 49

Industry Idiots Important Contacts

Opinions and viewpoints expressed in the Aussie Painting Contractor Magazine do not necessarily represent those of the editor, staff or publisher or any Aussie Painters Network’s staff or related parties. The publisher, Aussie Painters Network and Aussie Painting Contractor Magazine personnel are not liable for any mistake, misprint or omission. Information contained in the Aussie Painting Contractor Magazine is intended to inform and illustrate and should not be taken as financial, legal or accounting advice. You should seek professional advice before making business related decisions. We are not liable for any losses you may incur directly or indirectly as a result of reading Aussie Painting Contractor Magazine. Reproduction of any material or contents of the magazine without written permission from the publisher is strictly prohibited.

How to cope with

Trade Material Supply Shortages How to cope with Trade Material Supply Shortages, Pass on Price Increases and Protect Against Completion Delays It is hard to ignore the current global supply chain disruptions, caused predominantly due to the COVID-19 pandemic. At the same time, demand for construction has gone through the roof (pardon the pun!). This has impacted the Australian trade industry massively, pushing material costs up and completion dates out.

mined daily fee for each day past the completion date, referred to as liquidated damages, or as a damages claim. You should try and resist these types of penalties at all costs.

This can cause trade industry business owners to feel anxious about entering into contracts, with fears that surges in material prices or supply shortage delays may leave them out of pocket. The reality is that cost increases and delays are unavoidable and will need to be factored into all trade contracts. If incorporated into your contract, builders can increase and pass on the prices in certain circumstances.

2. Protect yourself against delays There are a number of ways to protect yourself from liability for delay. A contract drafted for your business by a contract lawyer should also include clauses such as a ‘force majeure clause’. Put simply, this fancy French named clause simply disclaims your liability for failure to perform your obligations under the contract due to reasons out of your control, such as a global pandemic.

Here are some tips from me, your tradie contracts lawyer: 1. Ensure Completion Dates are Estimates Only Most completion dates are based on construction programs and you will incur penalties for late completion. These can be in the form of a pre-deter-

6 | Aussie Painting Contractor

For most standard contracts, you would need to draft a special condition that the completion date is an estimate only and may vary accordingly. This can prevail over any standard condition and save you from fronting daily delay cost rates.

Depending on your location and industry, you may be able to add a clause to your contract or terms and conditions which gives you the right to impose stand down charges and recover additional costs incurred where work is delayed by reason not in your control where your are unable to reasonably reschedule services.

3. Include a Contract Price Adjustment Clause The massive shortages in materials such as timber and steel are causing a significant increase in costs.

With price increases occurring at a rapid rate, you need to ensure that your contract allows for price adjustments and variations.

This is factored into some standard contracts, for example, both the Master Builders Commercial Building Contracts and Master Builders Residential Building Contracts contain clauses whereby if the actual cost of a prime cost item or a provisional sum item exceeds the total amount allowed, the excess amount plus the contractor’s margin on that excess is to be added to the contract price. Therefore, you can increase the price for prime cost and provisional sum items by the rise in cost plus your profit margin.

This additional cost can be included in the next or any later Progress Claim or the Final Claim.

4. Protect your stock With supply shortages, it is more important than ever to keep a tight inventory of all your stock. One thing that is starting to be a problem is workers (both employees and contractors) ‘selling’ stock at reduced rates to friends and family. This can go unchecked for years without tight controls and regular stock takes.

It could be slipping out from under your nose.

If your contractors and employees have access to your stock or are carrying consignment items around with them then adequate clauses need to be included in their employment contracts or subcontractor agreements.

5. Protect your Supply Arrangements If you have a good, regular, supplier but no written agreement with them, that needs to be addressed.

Not only can this have a negative impact on the value of your business if you come to sell your business, see article on getting ready for sale] it can also leave you vulnerable.

We always recommend that our clients talk to their supplier and ask them if they would be willing to enter into a supply agreement to document the agreement between them. There should be some certainty built into this about future price increases and the ability to terminate if price increases are too high. There could also be minimum supply amounts to ensure consistency of supply of materials.

2021 December Issue | 7

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6. Dispute Resolution is the way forward!

You need a legally drafted dispute resolution clause in your contract to prevent your client commencing court proceedings against you. A well drafted dispute resolution clause will clearly set out a procedure for both parties to resolve concerns quickly and effectively when a dispute arises. Firstly, this will always include meeting in good faith with the other side to attempt to resolve the issue. Then, is that is not successful the parties can refer the matter to mediation which is much cheaper and faster than court proceedings or arbitration.

Regulatory bodies are seeing an increase in disputes, and some are taking steps to assist. The Queensland Building and Construction Commission (QBCC) has recognised this recently occurring problem and introduced the Accelerated Builder / Consumer Dispute Framework as a temporary independent mediation service to help builders and consumers find a way through the current challenges to industry material or labour shortages.

7. Open Communication rocks too!

Don’t underestimate the power of good communication. You need to stay in close contact with your clients, set realistic expectations and update your client (preferably in writing) as soon as anything

changes. This is the best way to keep them happy and avoid an expensive, stressful and timely dispute from happening.

The information in this article is general in nature and does not constitute legal advice. For advice on how to minimize your economic risk and limit your liability please get in touch. We can review and amend your current contracts or start from scratch!

Book in for a free 15-minute call to find out more about how we can assist you!

If you require any assistance with with your business legals or any other commercial legal issue, please do not hesitate to contact me.

Helen Key

P: 1300 064 707 | E: helen.kay@riselegal.com.au

2021 December Issue | 9

Show them who you are...

First thing you should do is put together a portfolio of your work, this should include photos and testimonials from your previous clients and your warranty.

Take it to Officeworks or a printing shop and have it printed out and bound.

Don’t make it too big. About 2 to 3 pages are all you require. (to be used later) Put together a short instructional manual on how to look after newly painted surfaces, one for walls and one for woodwork (you can download from the internet).

When you make the appointment time to quote the job, make it when you can get there, don’t let the client push into a time you just can’t keep. Being late is a terrible start.

The client will understand if you say, Sorry, I just can’t be there at that time, and I would prefer to make it a different time than be late.

When you finish the job Ask them if they will be kind enough to do you a letter stating how happy they are with all you did. You put this into your portfolio, and it is good to have just in case later they try to claim you did not do what they wanted.

jeffpainterguy Experienced Territory Manager with a demonstrated history of working in the Paint industry. Skilled in Negotiation, Sales, Customer Relationship Management (CRM), Team Building, and Construction. Strong sales professional with a cert 4 in Business Management and a Cert 4 in Colour consultancy.

10 | Aussie Painting Contractor

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Managing a

CASH CRISIS Dealing with a sudden cash flow crisis, even if you’re working hard to avoid shortfalls, is hugely distracting.

A formerly reliable customer might take much longer to pay than anticipated or a large consignment might fail to show up, leaving you out of pocket. If you’re starting a business, it could simply be taking longer than expected to turn a profit.

RED LIGHT WARNINGS

Develop red light systems to warn you automatically if something needs querying: • Check as early as possible if leads, orders, or sales, fall below threshold, or if planned sales are delayed or a substantial customer stops buying from you.

• Key indicators such as profit margins, liquidity ratios and stock ratios deteriorate beyond an agreed limit.

Make sure you have regular feeds of how your business is performing.

• You also need to know about any substantial invoices that are in dispute, particularly late debts and customers exceeding their credit limits.

Building productive relationships with your suppliers is important, so they are prepared to extend extra credit to you when you need it.

If you have accounting software then it should be relatively easy to view your red flags weekly, monthly (or any period you set).

Below are some common causes and possible solutions of a cash crisis you may need to solve: • A major customer hasn’t paid on time. Implement stricter credit control and better debt collection procedures. Contact them to ensure you have the right purchase order and the invoice has been sent to the right person. Even check if your contact has gone on holiday and forgotten to pass on your invoice.

• A rise in the cost of production has eroded your profit margin. Try or source less expensive materials or supplies or decide if you need to raise your price.

Monitor your gross profit margin for any further profit slippage.

• Your business overheads have blown out. Identify specific expenses that have increased and see how you can reduce them. Regularly monitoring your net profit margins to spot any out-of-proportion increases so you can take timely action.

• Your business is growing faster than your capacity to fund the growth (your working capital). There’s usually a time gap between selling goods or services and getting paid by customers. Meanwhile there are bills to pay. See if you need to slow down to avoid failure through overtrading or raise the necessary working capital to get you over the temporary cash shortage.

• Sales have been slower than predicted. Review your marketing plan and sales campaigns. Alternatively, if you can’t see any future improvement in immediate sales, consider other markets and targets.

Identify the causes and take action!

2021 December Issue | 15

Bank loans

If you need a business loan and have a good banking track record, it could be little more than a formality to get a higher overdraft facility or access to a business loan to tide you over. If you’re going to need quite a lot more money, you’ll likely have to present a more detailed business plan and financial forecasts.

Invoice finance

There may be other causes such as the failure of a major contract or you bought a large asset at the wrong time and you now need that cash reserve for working capital. In each case, understand the cause and the action you’re taking to avoid a repeat, such as diversifying your customer base or using your cash flow statements and forecasts to time purchases more appropriately.

Sourcing finance

If you do find yourself in a cash crisis (it’s a temporary hitch and the business is still sound), there are a number of funding options to consider, ranging from self-financing or bank loans to finding a business partner. The relative attractiveness of each option will depend on the size of your cash flow shortfall and how long you’re likely to need the cash.

Internal funds

Before you look for external sources of funding however can you free up cash from within your business?

For example: • Offer customers a discount for early payment =[? ask them to pay immediately.

• Offer for customers to pay by credit card when usually you don’t.

• Hold a sale of surplus or slow-moving stock to raise cash quickly.

• Ask suppliers to take back excess stock and a credit or give you longer credit terms.

• Sell underused assets and rent the equipment instead, as and when required.

• Downgrade or sell vehicles and lease instead.

• Reduce your drawings from the business until revenues improve.

• Your accountant and advisers may be able to suggest other ways to release the locked-up cash in your business.

16 | Aussie Painting Contractor

If you have cash tied up in unpaid invoicing, you might qualify for invoice finance. This facility enables you with immediate access up to 80 per cent of the value of any unpaid invoices that your business might have. It helps free cash flow by releasing money from unpaid invoices as and when you need it.

Partners and investors

If your business can’t afford to service loan repayments out of surplus cash flow, then it may need more capital so you could consider taking on a business partner to invest in your business. There are advantages but also pitfalls to avoid. Get expert advice first from your accountant and your lawyer – they may know of suitable investors. Be aware that you’ll need to share the ownership of your business if you go down this path.

Family and friends

You could ask family, friends or business colleagues to help out with a temporary or longer-term loan. It’s best to put the agreement in writing and get everyone to sign it, so that both sides are clear on what has been agreed. Be aware that this sort of agreement could strain personal or working relationships if things go wrong, so treat it as a last option.

Summary

Managing cash in a crisis is stressful for any business owner, but you do have options starting with preventative measures such as cash flow statements and forecasts and sourcing finance.

Sandra Price

www.tradiebookkeepingsolutions.com.au Facebook : Tradie Bookkeeping Solutions

2021 December Issue | 17

Everything is

a Practice I have a client who has completely changed his life — it’s been a complete transformation, and it is breathtaking.

One of the most powerful things he’s brought into his life is the practice of self-compassion. It changed everything, once he started bringing this into what he did.

But one of the next most powerful things he created for himself is the view that Everything is a Practice.

Man, what a ridiculously valuable way to frame our lives!

Every difficulty that comes up is simply something to practice with.

Every frustration with another person is a practice ground, and the other person becomes your teacher.

Bow to them with gratitude!

Normally, we think of these difficulties and frustrations as something wrong with us, the other person, or the world. With this kind of view, every failure is another reason to feel bad about ourselves. Every frustration with someone else is a reason to shut down to them or lash out at them. Everything wrong with the world is another reason to feel discouraged.

2021 December Issue | 19

But what if, instead, we just took it as something to practice with?

SOME EXAMPLES: • My work is overwhelming: OK great, let’s bring awareness to the feeling of overwhelm, be with it mindfully, and examine the view that has you creating this feeling of overwhelm.

Can we practice shifting the view? Getting in touch with our inner peace? With this kind of practice, every time we feel overwhelmed is an opportunity to get in touch with our inner peace.

• Other people can be so frustrating! Absolutely … and also, can we practice being with this feeling of frustration (even expressing it fully as an emotion), noticing what view we have of others that creates our frustration, and maybe finding a more expansive view that lets us feel compassion for the other people? Maybe even seeing them with love and wonder?

Then every frustration with others becomes a way to practice compassion and wonder and expansiveness.

20 | Aussie Painting Contractor

• This task is too hard, I don’t wanna do it: Yep, I have that too! So can we practice being with our resistance, noticing the view that has us think of it as a burden, and instead find a more open and joyful view of the task? Can it become a place of play and curiosity and adventure?

Every challenge, problem, frustration, failure becomes a place of beautiful practice.

Life becomes a playground and place of exploration.

What a magical place this world is!

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Leo Babauta ZEN HABITS

@expresspaintrollersaustralia

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How to Prepare Your Business

for the Coming Headwinds Whether you’re into sailing or not, I think as business people we all know that there will be some headwinds to come as the economy moves out of Covid-19 restrictive mode into opening up the country.

Some sectors like agriculture have already had plenty of challenges due to the shortage of labour to help with their harvest.

Supply and labour shortages have also become evident in many other industries, especially the construction industry. When supply and demand ratios change, any business that wants to stay in business needs to be able to change their response to it as quickly as possible.

In recent articles I have focused a lot on systems and processes that can help you make good business decisions. In situations like this, where there is a lot of uncertainty in the market, having a well managed business and access to reliable financial data can be a make or break situation.

reported that there is a two-three month lead time from ordering to supply of steel products.

Master Builders Queensland have reported that home builds are taking twice as long to complete.

Building costs have skyrocketed by 20 per cent over the last year. This puts builders and tradies like you in a tough position. A job you do today might cost you this much. In another 12 months time it might cost you so much more, but how much more is the question you need to answer so you can make some realistic projections.

Using your budget and forecasting tools, you could also do some modelling of certain price scenarios that will help with your costings and development of quotes for your jobs.

Your ability and capacity to be flexible with your job scheduling will test your patience. However, if you have good shared communication tools this can be done and will help keep your customers happy.

How to handle supply shortages

When you need to be honest with your customers

For the construction industry and any business that rely on imported goods, the challenges have been mounting recently. With container ships circling our ports and strict quarantine rules the flow on effects can affect your business on multiple levels. It has been

Along with supply shortages comes the inevitable issue of price increases. A surge in demand since the lows of the coronavirus recession has sent the cost of sea freight skyrocketing around the world — and that could soon see consumers paying higher prices.

24 | Aussie Painting Contractor

The best thing you can do when you are facing these headwinds is be honest with your customers. If you can at least give them some certainty around when the job can be done, ie tell them honestly how fast you can move due to the supply shortages, they will appreciate it.

Most customers are quite understanding and know that there are things that are outside your control.

Just remember that your competition is in the same boat. When you find that your material costs are going up, make sure you explain how this affects your pricing when you send your quote to your customer.

The worst thing you can do is to try and absorb the increase entirely. This will create a set of expectations you may not be able to keep for the next job. It’s best to use your projection and modeling tools to develop a realistic quote and to be a little bit consistent with your pricing.

that contractors must continue to fulfill, namely: • Have enough Net Tangible Assets (NTA) (calculation of a contractor’s assets minus their liabilities) to warrant a certain level of Maximum Revenue.

• Comply with maximum revenue limitations. This is the amount of revenue a contractor can earn within a year.

• Comply with a current ratio obligation. This is calculated by dividing a contractor’s current assets by current liabilities and must be at least 1:1.

• Pay all undisputed debts as and when the debts fall.

• Satisfy mandatory annual reporting.

If you need support with reviewing your business systems and modeling tools, you can call my office on 3399 8844 and we will give you a FREE Business Systems Health Check. You can also visit our website at www.straighttalkat.com.au and complete your details on our Home page to request a FREE APPOINTMENT.

How moving the goal posts can affect QBCC compliance Asset ratios and maximum revenue can have an impact on QBCC reporting. For example, loss in revenue and a change in net tangible assets impacts directly on QBCC financial reporting. There are five main facets of the Minimum Financial Requirements (MFRs)

2021 December Issue | 25

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‘Half-Full’ or ‘Half-Empty’ Before you read any further, I want to ask a question.

What do you see if a glass, or a container is filled to the half-way mark? Do you see it as ‘Half full’ or ‘Half empty’?

Psychologists use simple tests like this to determine whether a person tends to be an ‘Optimist’ or a ‘Pessimist’. Optimists will usually say the glass is halffull, whereas pessimists will usually point out that it’s half-empty. We all face obstacles but how we respond to those obstacles can make all the difference in the world.

So, what are the underlining differences between the two? * Optimists tend to focus on the good where they see there is still water available to drink. Pessimists on the other hand see the negative that there is water missing from what otherwise could be a full glass. * Optimists tend to look on the bright side. They are hopeful and search for the good even in bad situations.

Pessimists tend to be more negative. While some pessimists will claim they’re merely being realists, they do usually search for and find the black cloud behind every silver lining. * Optimists tend to see the obstacles as opportunities.

As a result, optimists who expect good things to happen will take actions that lead to positive results. Pessimists though, can be easily stymied by obstacles. When they expect negative results, they often fail to do the types of things that could’ve minimized or prevented those negative results.

Scientists who have studied optimism have found that those who see the glass as half-full tend to be happier, healthier, and even wealthier. But is it all just a matter of maintaining a positive attitude? Maybe not!

As for myself, I am an Optimist. I would see a half-filled glass as half-full, not half-empty. It has always been in my nature to see the positive side of things. This could be one of the reasons I ran a very successful business as I always stayed calm when a problem arose. Getting continually upset with problems can only lead to stress, and this is not good for your health. People can also see and feel your negativity and anger which could have an unsettling effect on your employees and your customers.

Even if you’re genetically predisposed to look at the negative side of things, you can be more optimistic with some practice. Every negative situation presents the opportunity to view it in a different light. With a little effort it’s possible to choose to, ‘Take life’s lemons and make lemonade’.

NB: Every problem can be solved. You just need to know how to handle it in a positive frame of mind.

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Jim Baker

www.mytools4business.com

2021 December Issue | 27

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5 Types of Trade Insurance you’ve never heard of...

Every trade business owner will be familiar with the most common forms of trade insurance.

Whilst you might not be an expert on each one, you certainly will have heard of policies such as public liability, tool insurance, contract works etc.

But what else is out there that could be protecting your trade or building business?

As the owner of Trade Risk, one of my worst nightmares is that one of our clients loses everything – I’m talking their business, their home, their assets, even their relationship – and we tell them something like this: “Oh you should have asked us, you could have insured against that for two grand a year.”

I’m sure we’d deliver the message with a little more sensitivity, but you get the idea.

But we don’t get the chance to tell every single client about every single form of business insurance before they suffer a loss.

The challenge is that some clients think we’re just trying to “upsell” them. Not all tradies and builders treat their insurance the same way. For some it’s an expense they wish they didn’t have, and they just want the minimum to get by.

But thankfully not all clients feel that way. Many of you do care about properly protecting the business assets you are working so hard to grow.

If you fall into that category, here are five types of business insurance you might not have heard of, but could find quite interesting…

30 | Aussie Painting Contractor

Legal Expense Insurance

One of the greatest risks we face in business is that of other parties taking legal action against us.

Worst still, where that legal action follows us doing nothing wrong, but we have to spend thousands (or tens of thousands) of dollars defending ourselves.

Here at Trade Risk we’re lucky to have never faced that in our 10+ years in business, but it’s always a possibility.

There is a policy known as legal expense insurance that can cover your legal fees in a wide range of cases.

This policy shouldn’t be confused with the “legal expenses” option which can be added to some public liability policies. That cover is quite limited and not nearly as broad as a stand-alone policy.

We’re still working on a full article which goes into greater detail, but here are a few of the items a legal expense insurance policy can cover for a trade business.

Note that the policy is only covering the legal expenses relating to each item. Not any other types of loss.

• • • • • • • • •

Criminal prosecution defence Property and goods Identity theft Statutory licence Compliance and regulation Tax audit Contract disputes Tenancy disputes Debt recovery

Not all of those issues will be relevant for every trade business or builder, but certainly a few of them will be.

But you can be responsible for something without being negligent or at fault. The reason…

The peace of mind that a legal expense policy can offer is that if you are dragged into a legal case, the cost of legal representation can be covered.

Contracts!

Some policies also cover legal action initiated by you, rather than simply responding to action initiated by others.

Some contracts you might sign as a trade or building business owner will pass down responsibilities from the contractor above you. In turn, they might have responsibilities passed down to them from the head contractor or principal contractor.

So if you have an issue with another person or company, you can initial legal action and the policy may cover your legal costs depending on the situation and your policy coverage.

Contractual Liability Insurance

Any tradie or builder will know what public liability insurance is, but what about contractual liability insurance?

The two are somewhat similar, but with one massive difference…

Public liability insurance covers you when you are responsible for property damager or personal injury to a third party resulting from your negligence.

So basically you stuffed up, it caused damage or injury to a third party, and your public liability will cover it.

Your public liability won’t cover you if you weren’t negligent, or to put it another way, you didn’t stuff up.

That makes sense right? Because if you weren’t negligent, then it’s not your fault and you shouldn’t be responsible.

And that’s where contractual liability comes into it.

So through those contracts you could end up being responsible for a whole host of things which might be outside of your control.

If something goes wrong on site and there is property damage or personal injury suffered by a third party, the contract you signed might make you financially responsible for the incident, even though you weren’t negligent in any way.

Your public liability policy will not cover the claim, so unless you hold a contractual liability policy, you could find yourself in serious financial trouble.

For more information about contractual liability, as well as a great case study which will help to make it all click, check out our contractual liability insurance guide.

Directors and Officers Insurance

As a business owner you’re likely have the right types of trade insurance in place to protect the assets of your business, but what about the personal assets of the people running your company?

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We don’t have a more in depth article about D&O cover, but one of the insurers we use, Vero, has this article worth checking out.

Management Liability Insurance

If you’ve read this far into the article I would strongly suggest speaking to one of our insurance brokers for an in depth conversation!

These types of insurance can be quite complex, and you really need to be speaking with a professional about your personal situation rather than relying on a generic article.

I won’t go into great detail on management liability insurance, but it is similar to D&O insurance, whilst covering all staff rather than just the directors and senior management of the business.

It is a much broader coverage compared with D&O, but again, I strongly recommend speaking to one of our brokers rather than relying on this (or any other) article.

We’re not talking about insuring your home and cars, but insuring you – or your fellow directors and senior managers – in the event that you are personally sued whilst acting in your capacity as a director or officer.

As company owners we often think of our personal assets being quarantined from our business, but that’s not actually the case.

There are indeed cases where we can be held to account personally for decisions made in our business, as this quote from DUAL emphasises: “Company Directors, Officers and Senior Managers operate in a complex regulatory environment in Australia. There are over 650 individual legislative provisions in force in Australia at present which attract personal liability for directors, officers and managers of corporations.”

Broadly speaking, the policy will cover you in the event that you make a decision in your capacity as a company director or senior manager that leaves you open to personal legal action.

The policy isn’t something we’d ever expect a sole trader to consider, but if you’re operating as a company and getting to that 5-10 staff number it’s certainly worth knowing about.

Cyber Insurance

It would be wrong to say that tradies and builders would never have heard of cyber insurance, as it has been a hot topic amongst business owners for a few years now.

But it probably is fair to say that most tradies and builders wouldn’t have thought cyber insurance was something they really needed to consider for their type of business.

After all, is someone going to hack into your power tools and disable their operation until you pay the ransom? Probably not!

But if you’re storing customer information on file, or payment information, or any other information that is either sensitive or vital to the running of your business, you need to think about how it is protected.

It’s not enough to rely on Office 365 or Google Workspace to protect all of your emails and documents stored in the cloud from being hacked and held to ransom.

Like some of the other forms of insurance we’ve covered in this article, cyber insurance probably isn’t something we’d expect every sole trader to go for, but for slightly larger businesses it is at least worth knowing about.

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More information

None of the insurance types listed in this article would be considered DIY. You’re not going to find an instant online quote that you can simply buy online.

You need to speak with one of our qualified insurance brokers who can run through the ins and outs of the policy and understand how that fits with your business operations and risks.

We might tell you that it’s not quite relevant for your business, or we might tell you you’re crazy to operate your business without it! But more so we just want you to be informed and know what you can insure for.

It really is about ensuring you are informed. We don’t employ “salespeople” and we’ll never try to “sell” you a policy, but we do want to make sure you know what is available to you.

It goes back to what I said in the opening paragraphs of this email…

The last thing we want is for you to suffer a loss in your business, only for you to find out later that you could have insured against that risk.

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And worst still, that we knew you could, but had never told you about it…

If you’re serious about your trade or building business and value what you have created – both personally and within the business – then I can’t stress enough the importance of properly insuring it.

Don’t just get the basic insurance policies because that’s what every other tradie or builder does.

People who own and operate big businesses insure themselves properly, and there is no reason why your trade or building business deserves anything less.

Get in touch with your Trade Risk broker for more information, or if you’re a new client please call us on 1800 808 800 to get started.

As the construction industry continues to grow around Australia, so too does the demand for skilled painters - an integral part of the industry. The work can be both satisfying and rewarding, but as a painter and decorator, you are exposed to some unique occupational hazards, so it's important that you and your colleagues are prepared for any workplace emergency.

As a business based on the NSW Central Coast that specialises in first aid emergency solutions, SURVIVAL is on a mission to raise awareness about the importance of being prepared for medical emergencies while on the job.

SURVIVAL’s CEO, Mike Tyrrell, says that when you’re in the painting trade, the chances of having a workplace accident or injury are very real.

"Painting is a physically demanding job. You are often on your feet for hours at a time, carrying heavy loads and working with ladders, and when you add the hazards of paint and paint-handling materials, the potential for an accident increases," says Mike.

“According to data from Safe Work Australia, there are over 10,000 serious injuries in the construction industry each year, with painters and decorators being some of the most at-risk due to the nature of their work.

“Providing immediate and effective first aid to people who have been injured or become ill on the job may reduce the severity of the injury or illness and, in some cases, could even save a life,” adds Mike.

A family-run business, SURVIVAL was founded in 1988 by twin brothers Tim and Jerry Tyrrell in response to personal tragedy. Over the ensuing 33 years, the company has become a leader in first aid innovation, education and empowerment for individuals and workplaces around the globe.

Director of Marketing & IT, Jordan Green, explains that SURVIVAL is continually looking at ways to make first aid more accessible for people in 'hands-on' professions.

The team at SURVIVAL is offering all APN readers an exclusive discount - 13% off all products sitewide!* Offer ends 31 December 2021

“We’ve just released the latest update to our free iFirstAid app, which features step-by-step instructions and video resources to guide people, including trade professionals, through common emergency situations and help them remain calm and in control,” says Jordan.

“We have also adapted to offer personal safety equipment such as masks and sanitiser to individuals and businesses throughout the COVID-19 pandemic, as well as developing the SURVIVALSWAP audit compliance program to ensure your workplace remains fully stocked and compliant at all times, saving you time, hassle and money.”

There are over 10,000 serious injuries in the construction industry each year, with painters and decorators being some of the most at-risk due to the nature of their work.

It’s safe to say that work-related first aid is vital, and a SURVIVAL First Aid KIT can save the day when it comes to handling workplace injuries.

“The SURVIVAL Workplace First Aid KIT contains all the components you need to be workplace compliant, and will have you covered for any workplace emergency, so you’re never caught short,” urges Mike.

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Chance encounters in the workplace help build trust – so how do you replicate that online?

For many of us it feels like there’s no going back – at least not full-time. We’ve had working from home foisted upon us. We’ve worked through it. We don’t want to give it all up.

Yes, there are employers who want everyone back into the office. Google, for example, plans to end its global voluntary work-from-home policy on January 10. But other employers are happy to let staff continue to work remotely. Australian software company Atlassian, for one, is insisting only that its employees come into the workplace four times a year.

Read more: How many days a week in the office are enough? You shouldn't need to ask Studies and surveys are consistently clear: most of us don’t believe our productivity has been harmed, and those who do are offset by those who think they are more productive. Crucially, many managers feel the same way.

The real sticking point in working from home is not the “work” part. It’s the loss of the fun parts of a workplace – the informal networking and socialising that’s good for the individual as well as the group.

Experiments in online socialising Managers have had their reasons for being averse to remote working. Quite apart from worries about

individual productivity, many studies have shown how proximity promotes communication. For example, when Harvard organisational researchers Ethan Bernstein and Ben Waber examined a major US retailer occupying a campus with more than a dozen buildings, they found just 10% of all communications took place between employees whose desks were more than 500 metres apart.

Over the past 18 months there have been many experiments with using technology to replicate this communication. I’ve been part of one as a university academic, moving all my teaching online, and another as an organisational consultant, helping a small enterprise make the shift to remote operations.

My client, a small private TAFE college, has 11 permanent staff as well as casuals. In May 2020 the college asked me to help it move all business processes – teaching, office communications, support services and more – online. This had to be done on a shoestring given the financial impact of the pandemic. In this work we agreed it was fundamental to address the need for socialising.

This presented some challenges, particularly for a small organisation.

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The value of ‘casual collisions’ Work-based socialising occurs in two broad ways.

First are “organised” social activities, such as sharing a morning tea, getting lunch, or having drinks on Friday night. To some extent these aspects are the easiest to simulate, using conferencing apps. For my client, this included activities such as virtual drinks and online games.

One of the best-known examples of designing a workplace for chance encounters is the headquarters of Pixar Animation Studios, which Steve Jobs oversaw during his exile from Apple. The building has a central atrium with bathrooms only on the ground floor, the idea being to create more opportunities for people to run into one another.

Yet the research by Methot and her colleagues also shows small talk can be both uplifting and distracting. This makes attempts to use software to replicate this informal, unstructured socialising even trickier.

Building an online networking space In seeking to provide staff with an online substitute for casual collisions and chats in the lunch room, we chose an “enterprise social networking service” called Yammer. There are alternatives, each with their own strengths, but Yammer has the advantage of functionality similar to Facebook. The idea was to provide staff with an intuitive tool to communicate, and then leave it to them to use it as they liked.

It’s easier to simulate organised activities such as after-work drinks than the haphazard ‘casual collisions’ of the physical workplace. Shutterstock

More difficult to replicate are what organisational expert Jessica Methot and her fellow researchers call “casual collisions”. As they wrote in the Harvard Business Review in March: -------------------------------------------------------------------The tidbits we learn about our colleagues – for instance, that they play guitar or love dogs – build rapport and deepen trust. Research even suggests that chance encounters and spontaneous conversations with our coworkers can spark collaboration, improving our creativity, innovation, and performance.

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It’s a work in progress. We’ve learnt some things along the way. One complaint was we didn’t provide enough initial training on how to use Yammer’s main options, which meant some staff took time to appreciate its use.

Read more: After a year of Zoom meetings, we’ll need to rebuild trust through eye contact But most feedback has been positive. Despite the unplanned (and therefore chaotic) nature of the move, surveys indicate most staff think communication has actually improved. We appear to have avoided distance destroying dialogue and breeding distrust, as reported in other workplaces.

Can technology ever fully replace the serendipitous exchanges of a physical workplace? I doubt it. But done well it may provide enough of a facsimile to ensure there’s no downside to staff continuing to work a few days a week from home.

--------------------------------------------------------------------

Michael Baron

Lecturer, Charles Sturt University Designed for serendipity: the ‘Steve Jobs Building’, headquarters of Pixar Animation Studios. Grendelkhan/Wikimedia, CC BY

38 | Aussie Painting Contractor

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Myths and Facts About Coaching and Training Few people actually talk negatively about training and developing employees but even fewer actually do a good job of it. Employee shortages will continue and are not just a temporary phenomenon. In the last thirty years, the number of workers over 55 in the US had doubled while the number of workers between 18-24 has dropped 29%. These are statistics, not a political statement. The birthrate in the US just dropped for the 6th year in a row. Finding employees, particularly field employees, is going to be an ever-increasing competitive situation. Our workers are aging which means companies will have to replace an aging workforce with new recruits. This in turn will increase the demand for employee development.

Too many contractors use the osmosis training method. Osmosis is the process of absorption and diffusion. It is an effortless and unconscious assimilation. In other words, throw a new recruit into the crew and he or she will learn the trade by the natural association of being there. While this works for some, for many it does not. Infiltrating a crew with a new employee does not ensure he or she will learn the trade.

neither really represent a majority of people entering the trades. Votech is not necessarily supported by the educational community. Also, many new hires are too impatient to participate in a formal apprenticeship program or there is not one available in their trade or area. Most contractors are really not developing employees with either of these methods. Again, most throw new people into a crew where unless they are a self-starter, they drown.

Many trade skills are repetitive. Training and coaching people one on one or in small groups can have a tremendous impact of their skill progression. Remember when you dad taught you how to hit a baseball.

He didn’t just show you once or twice and expect you to hit the ball. He didn’t show you a movie or video.

He made you practice. He coached you over and over while correcting what you needed to improve. He also deconstructed the skill required into bite size pieces.

Your stance, how to hold the bat, how you step into the ball, etc. So, what are some basic requirements in developing people.

When it comes to training, many of us think of Votech or apprenticeship programs. The simple truth is that

2021 December Issue | 41

Follow good coaching practicing. Coaching should follow a simple formula.

• • • • • •

Show them what to do.

Let them try to do it.

Correct to improve skill required Let them try it again Correct if necessary Repeat, Repeat, Repeat.

Yet most contractors rarely train someone to do a specific task through repetition and isolation. Again, osmosis is the training method of choice. Expose them to jobsite activities and they will learn. Unfortunately, learning doesn’t work this way and it certainly isn’t how your dad taught you how to hit a baseball.

Many contracting tasks require repetitive skills. Start by identifying what skills you would like to help workers develop. Limit your selection to no more than 10 skills. Deconstruct the skill into bite size pieces. What to do first, second, third etc. Be as specific as possible.

Show set by step how to perform the skill and then let the trainee try. Correct and repeat. Correct and repeat.

Training one on one or with no more than one or two people is best. Remember, workers can be very prideful and may not want to make mistakes in front of a large group. Most blue-collar workers are visual and hands on learners. You can show a video on how to do something, but people learn by jumping in and doing it.

42 | Aussie Painting Contractor

Think of this training as a way to give the trainee a chance to succeed. While he or she may not become a super star with just a few hours of practice; it gives the person a chance to succeed. Without any training to hit a baseball, your son or daughter may end up as a ball fetcher. Without some starter craft training that new employee may end up as a laborer and quit.

Such specific skill training will produce results. Very few of your field supervisors are exceptional at training people. Plus, we require them to hit budgets and make productivity. Having a new person to train conflicts with the goal of the foreman’s production accountability.

It’s hard to believe that I have been doing this for forty years but with that comes some experience. The vast majority of people who read this article will agree with some of it, if not all of it but few will change their behavior. Unless there is a devastating depression, workers of tomorrow will be a much sought-after commodity. It is just math.

----------------------------------------------------------------------

Monroe Porter

is president of PROOF Management a firm that teaches seminars and runs networking groups for painting contractors.

www.proofman.com

Settlement Offers How to accept it...

I recently had two clients (let’s call them Jason and Peter) who were both offered a settlement deal by their debtors. Contractors Debt Recovery had made adjudication applications on behalf of both of them, and the offers had been received once the debtors had read the case against them. It was clear that they could not produce any valid reasons not to pay my clients.

One client received a letter from the debtor’s solicitor offering full payment within 14 days on the condition that the application be withdrawn. The other client received a phone message from his debtor offering to ‘work it out’.

I discussed the matter with both clients.

Jason wanted me to withdraw the adjudication application as he felt he was sure he would get his money within the 14 days. I was not so confident, but as the letter came from a solicitor it held a bit more water.

So Jason agreed to the deal.

Peter asked me if he should call his debtor back, but he really didn’t feel like talking to him. I advised Peter to fax his debtor a request to put anything he had to say in writing. He did so, and sure enough Peter also got a written offer to pay the whole amount on the condition that the application be withdrawn.

I advised Peter to prepare a letter outlining the conditions under which he would accept the offer, which of course included a ‘no payment, no withdrawal’ rule.

44 | Aussie Painting Contractor

Peter got his money. Jason is still waiting, and faces starting the payment claim process from scratch, or commencing winding up the debtor.

Why the different outcomes? The difference lies in control and power. Peter maintained his position of power and controlled the manner in which he accepted the offer. Jason relinquished his power, and didn’t control the process.

When you get an offer from a debtor to pay, you need to follow these 6 steps.

WHY – should you accept the offer? Are there other pressing reasons why you would entertain an offer?

Perhaps there are other business or personal reasons that are best served if you settle quickly for as much as you can get. This is really for you to decide.

If the offer is an insult, then you will probably want to keep the pressure on. As a general rule, if you’re not being offered at least 70% of what you are owed, it’s a joke of an offer and I’d keep fighting. Your debtor clearly wants to avoid a fight if he can, which is why he’s made an offer in the first place, so keep going.

But this is open to each individual circumstance.

WHO – is making the offer? Don’t negotiate with someone who is not authorized to make payment offers. Often you will strike a deal with someone who has been playing with you, just to see how low you will go.

Then when you accept the offer, you are told that that person was never authorized to make offers.

This can happen if your debtor is a large company where you might be dealing with project or site managers. Are you sure these guys can make settlement offers on behalf of the company?

So if you are not sure if the offer is coming from a senior enough person, ask them for written confirmation that they are duly authorized to negotiate a payment settlement on behalf of the company. Advise them that you will only consider an offer once you have such confirmation in writing.

WHAT – are they willing to pay for? This is the business end of the deal. How much are they offering? Often you will have a gut reaction to the number once you see it.

Go with that most of the time. If an offer is reasonable it is generally better to accept it and save yourself the time, stress, and cost of a much harder fight.

I would stress here that this applies to ‘reasonable’ offers. Most of the time you will get pathetic offers that your instinct will immediately reject. Often there will be vast slabs of work (often variations) that the debtor will not pay for, instead offering payment for some tiny item of contract works. That is the time to push forward with your adjudication, payment claim, or other recovery process.

$100 000 debt, don’t suggest that you will accept $70 000. This is a road to nowhere, as your debtor will never accept your counter offer. He may come up to $50 000 if you’re lucky.

Remember, your role is to accept offers. It is your debtor’s job to come up with one that you will accept. If you reject an offer, then keep your mouth shut and keep going. Your debtor then will have to fight on, or make a better offer.

WHEN – will payment be made? This is the time to impose some control. When you have accepted an offer, the worst thing you can do is relax because ‘it’s finally all over’. This is when it can all go south. When you have a figure you can live with, you need to define when it is due for payment. And I mean ‘when’ precisely. That means a day and time.

This is a crucial step because by imposing this rule you can test your client’s credibility. If they hesitate at any kind of a deadline then you know the offer is not real. They may offer another deadline that you can live with, but make sure that your power is intact.

That means that you continue your adjudication or recovery action right up to the time that money hits your bank account. If you relinquish this power, you can kiss your money goodbye.

The golden rule here is DO NOT MAKE A COUNTER OFFER. If you are offered $30 000 payment on a

2021 December Issue | 45

WHERE – will payment be made? Again this is another aspect of controlling the process. Where do you want the money to arrive? It may come to you by couriered cheque. Or a cheque may be sent to your lawyer’s office, or to your office. This step only applies to payment by cheque, but you must define where the cheque will be sent, and advise your debtor accordingly.

HOW – will payment be made? This is the most important aspect of control, because you need to confirm that you have actually been paid before drop your recovery action.

Today there are many ways of moving money around: Most of the time you would accept payment by either cheque or direct transfer into your account. Remember that if you accept a cheque it MUST be a bank cheque. Offer to pay your debtor for the cost of the cheque in order to make it easier for him to comply.

If you can’t get a bank cheque out of him, then you will only consider payment to be made on the clearance of the money, NOT receipt of the cheque itself.

Or you could provide account details for a direct transfer. Evidence of this will be an online receipt.

But be careful. I have seen one of these faked using liquid paper and a photo copier. So again only consider payment to be made once you can see the cash in your account. This will usually be a day after the transfer.

So have a go at writing an offer acceptance letter incorporating all the elements above, and preserve your power, and control the process. Anyone can make offers. It’s your job to turn them into cash.

Anthony Igra

1300 669 075 www.contractorsdebtrecovery.com.au

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The Industry Idiots

48 | Aussie Painting Contractor

IMPORTANT

Contacts

Aussie Painters Network aussiepaintersnetwork.com.au

Ph. 0430 399 800

National Institute for Painting and Decorating painters.edu.au

Ph. 1300 319 790

Australian Tax Office ato.gov.au

Ph. 13 72 26 / Ph. 13 28 65

Award Rates fairwork.gov.au

Ph. 13 13 94

Fair Work Building & Construction fwbc.gov.au

Ph. 1800 003 338

Mates In Construction matesinconstruction.com.au

Ph. 1300 642 111

Workplace Health and Safety Contacts Comcare WorkSafe ACT Workplace Health and Safety QLD Victorian WorkCover Authority WorkCover NSW SafeWork SA WorkSafe WA NT WorkSafe WorkSafe Tasmania

comcare.gov.au worksafe.act.gov.au worksafe.qld.gov.au vwa.vic.gov.au workcover.nsw.gov.au safework.sa.gov.au commerce.wa.gov.au/WorkSafe/ worksafe.nt.gov.au worksafe.tas.gov.au

1300 366 979 02 6207 3000 1300 362 128 1800 136 089 13 10 50 1300 365 255 1300 307 877 1800 019 115 1300 366 322

actcancer.org cancercouncil.com.au cancercouncilnt.com.au cancerqld.org.au cancersa.org.au cancervic.org.au cancerwa.asn.au

(02) 6257 9999 (02) 9334 1900 (08) 8927 4888 (07) 3634 5100 (08) 8291 4111 (03) 9635 5000 (08) 9212 4333

Cancer Council Australia ACT NSW NT QLD SA VIC WA

2021 December Issue | 49

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