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EXECUTIVE DIRECTOR'S REPORT
One of the greatest disappointments to the automotive repair industry, has been the failure of the current Motor Vehicle Service and Repair Industry Code of Practice introduced in 1999, to deliver one of its key objectives of enhancing fairness of trading in the market place from the viewpoint of both business and consumers.
Currently, consumers are the only benefactors of the Code, as it has provided the consumer with an increased level of professionalism in the manner to which repairers conduct their business. On the other hand, businesses have been left with no fairness in the market place as;
1. backyard operators continue to operate.
2. repairers still able to operate without being a signatory to the Code
3. transfer of dispute resolution procedures from a committee made up of industry representatives, consumer advocate and an independent chair, to ACT Civil & Administrative Tribunal (ACAT)
4. no enforcement action to ensure compliance with the Code.
It is no wonder that the automotive industry is seriously questioning the validity of the Government’s right to collect fees for a Code which provides no benefits other than another revenue stream for the Government.
But that’s today!! MTA is looking to the future.
MTA has long held the view that voluntary codes don’t work and therefore for the long term future of the automotive industry a legislative framework similar to that operating in NSW, which sets out clear and distinct guidelines for the operation of repairers and employees alike is required.
Prior to the last ACT elections, MTA sought and received written commitments from Minister Simon Corbell (on behalf of the Government) and Mr. Zed Seselja, Opposition Leader, to introduce such legislation within 12 months.
Since then, MTA has produced a draft submission paper for consideration by the current Code Administration Committee and The Office of Regulatory Services. It is MTA’s desire that in the near future, the Code Administration Committee will adopt the draft submission and forward it to the Department of Justice & Community Safety - Policy and Legal branch for their consideration.
MTA’s draft submission specifically includes;
1. Requirement for owners of a repair business to be licensed.
2. Licensing arrangements for all Trades Persons including Apprentices and Trainees
3. Requirement to operate from premises approved for such activity under the lease purpose clause issued from ACT Land and Planning Authority.
4. Providing Office of Fair Trading a framework to ensure compliance with the Act.
Whilst the draft submission is centered on the NSW legislation, I would welcome any comments members may have, and in particular other than what has already been identified above, items you would like included or excluded throughout these initial stages.
FROM THE DEPUTY'S DESK
MTA and Icebergs
What on earth you may say has the MTA and icebergs got to do with one another. The answer is simple once you know.
Having only been in the seat for a couple of months now it is easy to look back and see what has happened and at times it can be easy to answer a lot of members questions, why? because I have been on the other side of the ledger as a member of MTA.
Recently I was asked by a very good member "what is it that you guys really do for the members"? not an unreasonable question and one that I in the past probably thought about myself if not asked.
Interestingly having as I said been in the chair for a couple of months it wasn't that hard to answer the question and to do so with a lot of empathy and understanding for the member.
Every member I have met understand and appreciates the great work that Helen does and understand that of course other things do happen. It is these other things that members don't see that also count and most of the time I suggest members are pretty smart in not wanting to know.
There are many hidden secrets but there is a lot of time, talking with government bodies, departments, other trade organisations, members of the public and just about anyone else who has a need to discuss the auto industry.
The majority of the time is spent ensuring that the rights of you, the members, are looked after. It is our role to run the gauntlet for you as an industry if we are doing this on your behalf it means you can get on with running your business.
Just like an iceberg most of what we do is not seen but it is still there.
WORKCOVER UPDATE
Dangerous Substances Act 2004
The Office of Regulatory Services/WorkCover is responsible for administering the Dangerous Substances Act 2004 (the Act) and the Dangerous Substances (General) Regulation 2004. The following information is provided to assist persons in control of premises where dangerous substances are handled, to improve compliance and in particular to ensure a register of dangerous substances is kept at the premises.
Section 10 of the Act defines the meaning of a dangerous substance as follows:
Meaning of dangerous substance
(1) For this Act, a substance is a dangerous substance if it
(a) can be classified as an explosive substance or explosive article under the Australian Explosives Code or
(b) is listed in the Australian Explosives Code, appendix 1 or appendix 2 or
(c) can be classified as a dangerous good under the Australian Dangerous Goods Code or
(d) is listed as a dangerous good or good too dangerous to be transported in the Australian Dangerous Goods Code, appendix 1, appendix 2 or appendix 5 or
(e) can be classified as a combustible liquid under Australian Standard 1940 or
(f) can be classified as a hazardous substance under the NOHSC approved criteria or
(g) is listed as a hazardous substance under the NOHSC List of Designated Hazardous Substances or
(h) is declared by regulation to be a dangerous substance or
(i) is declared by the Minister to be a dangerous substance.
If you are a person in control of premises where a dangerous substance is handled you need to be aware it is a requirement under the Dangerous Substances (General) Regulation 2004 to ensure a ‘Register of Dangerous Substances’ (the register) is kept at and for each premises where a dangerous substance is handled. The form can be found at: www.ors.act.gov.au/workcover/WebPages/DangSubs/formsds.htm
The register contains a list of each dangerous substance at the premises and is not complete unless it is accompanied by a current Safety Data Sheet/Material Safety Data Sheet for each dangerous substance listed. This obligation exists whether or not the premises are registrable or non-registrable. In other words this applies to all premises where dangerous substances are handled.
For this Act, handle a dangerous substance includes the following:
(a) import or export the substance
(b) manufacture, process or treat the substance
(c) supply, receive or dispense the substance
(d) mark or label an article, container or package of the substance, or placard or put up signs in relation to the substance
(e) pack, consign or carry the substance
(f) store the substance
(g) possess, or otherwise have custody or control of, the substance
(h) use the substance
(i) dispose of the substance or render it harmless.
The maximum penalty for failing to ensure a register is kept for an individual is thirty (30) penalty units or $3000 whilst for a company each penalty unit is five hundred (500) dollars or $15,000.
For further information on how to create a register or to obtain a free ready-made register, please contact an inspector at ORS/WorkCover/Dangerous Substances on 6207 3000 or email dangeroussubstances@act.gov.au
MTAA SUPERANNUATION FUND
Make your hard earned money work hard for you!
Gathering knowledge and getting financial advice can help you accumulate more retirement savings, save tax and assist with your eligibility for valuable government benefits such as age pension.
MTAA Super has an experienced Financial Education and Advice team available for telephone interviews if you wish to discuss how you can make the most of your retirement savings.
Alternatively, all members of MTAA Super have access to fee-for-service professional financial planning and advice through our relationship with Industry Fund Financial Planning (IFFP). IFFP’s goal is to provide low cost, high quality advice using salaried financial planners to help you achieve the best possible outcomes with your finances.
This involves explaining matters fully and honestly, and providing advice in plain language.
How financial planning can help?
Unfortunately many people believe that financial planning is only for the wealthy. This is not the case, financial planning is about making sure that whatever hard earned cash you have is working hard for you!
An IFFP Planner can help you with:
• Retirement planning
• Transition to retirement
• Building your superannuation using salary sacrifice and personal contributions
• Understanding your investment options
• Achieving your financial goals
• Identifying your insurance needs
• Managing your tax liability
The advice process explained in easy steps*
1. Preparation
Before you visit a financial planner, it’s important that you prepare yourself by thinking about your financial goals, for example where you would like to live in retirement and what you would like to be able to do. You also need to collect the necessary paperwork about income, investments and debts to bring to your first appointment.
2. First appointment
The first appointment with your IFFP financial planner is free of charge and obligations. During this session your planner will find out what your financial objectives are, and whether or not you will require full or limited financial advice. Full advice is the preparation of a full financial plan that covers multiple issues. Limited advice is where a full financial plan is not required because your current needs are more limited and specific, for example salary sacrifice or investment choice within your super fund.
3. Quote
After the first appointment, you will receive a quote on what the advice would cost you. You can then decide if you want to go ahead with a financial plan or limited advice.
4. Preparation of plan
Once your IFFP financial planner has a clear picture of your situation, and a good idea of your attitude to investment risk, and different types of investments, they develop a detailed written financial plan which is called a “Statement of Advice”.
All advice is personalised and applies to your specific circumstances and can help you achieve particular financial goals through good planning and investment.
5. Second Appointment
Your planner will present and explain the financial plan to you in person.
6. Implementation
Once you are happy with the strategy, your planner can help you put it into practice. They will help you to complete the necessary forms and documents to implement the recommendations they have made.
7. Review
For a fee, your financial planner can review your situation after for example 12 months or when your circumstances change to ensure things stay on track.
Contact us on 1300 362 415 to be put in touch with either the Financial Education and Advice Team or a Financial Planner near you.
Do you understand how your super works?
MTAA Super holds presentations across Australia that are open to anyone, free of charge–you don’t even have to be a member to attend, so bring your partner or a friend. We offer the kind of general information that everyone needs to know.
You should come away from the seminar with a better understanding of how taxation works on super and how you can make your savings even more effective through salary sacrificing or voluntary contributions.
You can find out more about the dates and content of the MTAA Super seminars by visiting www.mtaasuper.com.au or by calling us on 1300 362 415.
MTAA Super workplace presentations
For employers, it’s easy to arrange a presentation in your own workplace, and each presentation is tailored specifically to your staff. Just tell your Business Development Manager (BDM) the subjects you would like to see covered, and they will put together a special presentation for you. It might include for example, insurance, making extra contributions and consolidating super—there are a range of topics that can be discussed, so talk to your Business Development Manager about what your employees are interested in.
Call us on 1300 362 415 to be put in touch with your local BDM.
*Source: Industry Fund Financial Planning
The information in this article is provided by Motor Trades Association of Australia Superannuation Fund Pty Ltd (ABN 145 008 650 628 AFSL 238718), Trustee of the MTAA Superannuation Fund (MTAA Super) (ABN 74 559 365 913). Any advice contained in this article is of a general nature and does not take into account your objective, financial situation or needs. All care has been taken to ensure that the information contained in this article is correct at the time of this publication; however, neither the Trustee of MTAA Super not its advisors accept responsibility for any error or misprint, nor for anyone acting on this information.
EMPLOYMENT RELATIONS UPDATE
MTA Briefings on New Employment Laws
On 1 July 2009 the Fair Work Act introduced a new employment relations system. This in turn resulted in new laws that will impact on employers from 1 July. These laws include a new industrial relations umpire, Fair Work Australia, new unfair dismissal laws that will apply to all corporations regardless of the size of the business, new workplace agreement arrangements and a new capacity for unions to represent members and drive employment relations agendas at the workplace level.
MTA has previously provided members with information on the key developments. A further series of changes will come into effect on 1 January 2010. These changes will include a new modern award system for corporations and new minimum standards and obligations that will apply to all employees and their corporations. MTA has been deeply involved in the award modernisation process and working to secure the best possible outcome for vehicle industry employers. A new modern award has the potential to significantly impact on the operations of a business and MTA has been working tirelessly to maintain what the industry has had by way of flexible working arrangements.
As a result of these changes MTA will be conducting a briefing session on these new laws. The objective of the briefing will be to give members an overview of the changes, their implications and discuss strategies to respond to these changes.
Please mark Tuesday 10 November 2009 in your diary, if you are interested in attending. The briefing will commence at 9am and generally conclude at midday. During September a registration form will be emailed to all members inviting them to register for the briefing.
RGT REALLY LAPPED IT UP
The picture tells the story.
At the recent Capricorn 1000 held at the Hume Go Kart track RGT trainers Karl Somers and Colin Statton really lapped it up or should we say cleaned up.
Along with MTA members, Steve Slavkovic, Ashley Slavkovic (Belconnen Engine Centre), Nick Bowman (Capital Steering), Karl and Colin showed a clean set of wheels when it came to kart racing.
After 90 minutes of intense racing with 5 different drivers the RGT-MTA team not only finished in front but did so by 3 clear laps leaving the opposition just a little demoralised. We will have to wonder what these guys do in their spare time but to say the least they did RGT and MTA proud and qualified for the next round at Eastern Creek.
There is no truth to the statement that RGT stands for Really Good Track but there was some really good racing on the night and the guys should be proud of their efforts.
Special thanks to Matthew Hall and the team at Capricorn for the invite - a great time was had by all.
09 MINISTER'S AWARDS FOR EXCELLENCE
MTA congratulates Phil Rushby and the whole team at Janrule Pty Ltd on being an ACT finalist in the 2009 Minister Awards for Excellence for Employers of Australian Apprentices. The award ceremony was conducted at Parliament House last Tuesday with Mr Philip Bullock, Chair Skills Australia presenting the finalist certificates. The Minister's Awards for Excellence acknowledges employers who are leading the way in providing outstanding workplaces for apprentices and trainees to learn and develop career skills.
(Pictured above - Phil Rushby, Jon Buddock, Chris Mullins and Phil McGilvray)
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