As a small business, conflicts of interest can be a major issue (particularly when you have a small number of employees).

Conflicts of interest are often a trigger for workplace tension and gossip, reducing productivity and damaging employee relations.

A conflict of interest occurs when an individual’s personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace.

Common examples of conflicts of interest in business include:

  • Recommending a friend or family member for a job position.
  • Employers not disclosing that a candidate being considered for a job is a friend or family member.
  • An employee starting their own business that provides similar products or services, especially if a non-compete agreement has been signed.
  • Working for a competing company.
  • Posting to social media about the business’ failures.
  • Romantic relationships between an employee and their supervisor.
  • Accepting a favour or gift beyond the agreed amount from a client.

The best way to avoid conflicts of interest in the workplace is to establish a code of conduct that clearly outlines the standards and expectations of the business. It should cover details of business policies and list everyone it applies to, including employers and employees, board members, management, officers, and contractors. This code of conduct should be communicated to employees verbally and re-enforced through discussions.

A good code of conduct will reflect the culture and values of the business, provide information on how workers can expect to be treated and how they are expected to behave. It should be accessible to all employees, be well organised and comprehensive but also easy to understand.

This can be achieved by providing situational examples, answering common questions workers may have, and avoiding technical or legal jargon that may be confusing.

Raising capital is essential when aiming to grow or finance your business with new ideas. While it certainly isn’t easy to do, there are a few tips you can keep in mind.

Build A Strong Company Identity:

In order to attract general interest from potential investors and partners, it is recommended that you form an impressionable and cohesive company or brand identity.

Try to develop an identity that accurately reflects your company’s goals and values and is memorable when you explain it to others. Make sure that your business identity highlights an aspect of your business as unique from others in the industry, whether that be an entirely new type of product, an innovative production method or even your staff culture.

By having a unique company identity, it is much easier to sell your business ideas to potential investors and have them trust in your goals and abilities as well. Your confidence in your business and its identity will naturally translate during your marketing pitches and convince your potential investors and partners to also believe in your abilities.

By making sure your business goals and identity align with each other, it becomes much easier for you and all those involved in your business to grow confident in it and invest your resources into it.

Research And Approach The Right Investors: 

When it comes to financial matters, the more options the better. While you may have a clear idea of what you want from an investor, they may not have the same opinions on you and your business. Thus, it is important to consider doing background research on your investors, be aware of your own business position and evaluate whether or not you can meet an investor’s expectations and the positive two-way relationship you can build together.

The easiest way to find the right investor for you is to widen your scope of potential investors by networking with not only business-savvy people but also those you are familiar with, such as friends, colleagues and even family. Companies which operate purely in your niche industry are also good potential investors to consider. Keep in mind that the right investors are those who can accommodate for your funding needs in both form (some methods of funding are riskier than others) and monetary amount.

Organise A Pitch:

When trying to raise capital for your business, always have a pitch ready to make to any potential investor you come across. Just like your company identity, your pitch should be unique in order for you to stand out amongst your competition.

To prepare an impressive marketing pitch, here are some quick tips:

  • Structure your pitch as if it is a story to engage your audience.
  • Incorporate as many visual components as you can.
  • Keep your pitch short and to the punch.
  • Make sure that after your pitch, your audience remembers your idea/business

Throughout the financial year, there may be periods where your business finds itself facing a recurring problem with its cashflow.

Small businesses with cash flow issues may find themselves more at risk of failing or suffering significant financial hardship – during these critical times in the business landscape, this is not an ideal situation.

Cash flow provides a business with stability so they can pay employees, avoid loan defaults and pay the overheads necessary to keep their business up and running. Follow these tips to boost your cash flow to secure your business’ future.

Perform A Business Health Check

Preparing financial statements will give you an objective insight into the health of your business. Identifying if you have a cash flow problem is the first step to coming up with solutions. The following reports will allow you to see if your cash flow is up to scratch.

  •     A balance sheet will tell you what your business is worth on any day. The value of your business is calculated by subtracting your liabilities from your assets.
  •     Profit loss statements reveal if your income is meeting your expense requirements. If your profit is dipping below your expenses, it is time to change.
  •     Cash flow reports reveal the money going in and out of your business over a set period and identify peak and off-peak periods

Use A Business Budget

After analysing your cash flow situation, is your cash flow cyclical?

Creating a yearly budget is not only imperative to receive financing in future, but will also help you identify the best months to save to cover the quieter months.

Where applicable, business owners can consider flexible rostering, whereby employing casuals and using a flexible roster can help you cut back on hours when you need to improve your cash flow in quiet periods.

When you have identified your quieter periods of the year, try to find additional revenue streams for when cash is low. Is there a product or service that could be introduced? Work with your team for new ideas to cover low cash months.

Get On Top Of Your Accounts Receivable

Allowing late repayments jeopardises your cash flow and can put you in a tight financial spot. Avoid being out of pocket by implementing some of these credit policies:

  • Collect the debts on time – allowing late payments means that you’re without those funds for longer
  • Offer an early bird discount to incentivise early repayments – it pays to repay that kindness
  • Set credit limits and payment terms – know exactly what your terms and conditions are so that you can make sure that those who owe you are abiding by them
  • Make credit applications and carry out credit checks on all new customers
  • Penalise late payments with interest – set a specific interest rate that will apply and which you deem as fair.
  • Consider cutting down on inventory – unsold stock can be a waste of funds, and if you’re finding yourself with plenty of it, you may not need to be ordering as much.
  • Request upfront payment or a non-refundable deposit where viable, especially when dealing with large orders.

If you’re looking for assistance with invoicing, chasing payments or a general checkup of your business’s cash flow situation, accountants like us are equipped to help. Speak with us to find out what we can do for you.

On 1 July 2023, the Superannuation Guarantee Rate for employees will increase from 10% to 10.5% of their wage or salary. With this increase, more and more Australians are now examining what that could mean for their super’s long-term performance.

The superannuation guarantee, or SG, dictates the minimum percentage of your earnings that you need to pay into your employee’s super fund. This percentage is controlled and legislated by the Australian Government, and it is estimated that an additional $1.5 billion will be paid into the superannuation system over the next 12 months as a result of this.

For most employees, this will mean an extra 0.5% added to their current salary plus super.  But where an employee is on a contract where their paycheck is superannuation inclusive, it could be that they will receive a corresponding reduction in their salary to offset the extra superannuation.

Employers and employees will need to have a discussion about how this will occur for them so that everyone knows the situation they will be in for this financial year.

The continued proposed increase to 12% is still scheduled to happen, with 0.5% increments occurring each financial year until the 2025-26 financial year (when the Superannuation Guarantee Rate will peak at 12%).  It might not seem like much, but with the added power of compound interest, singles may see an increase of up to $19,000 more in their superannuation accounts and couples up to $38,000.

The rates applicable to each financial year are as follows:

  • 1 July 2022 to 30 June 2023              10.5%
  • 1 July 2023 to 30 June 2024                 11%
  • 1 July 2024 to 30 June 2025              11.5%
  • 1 July 2025 onwards                              12%

The rate of change for the Superannuation Guarantee Rate had remained at 9.5% between 2014 and 1 July 2021, increased to 10% between 1 July 2021 to 30 June 2022, and had only previously increased twice (in 2013 and 2014 respectively).

If the government decides to delay the increases to the super guarantee, you will be kept informed regarding that information. You can also speak with us if you are uncertain what this could mean for your business or need to change current super payments.

As businesses grow, you will inevitably need to create new roles and hire new staff.

Adding a new member to your team is always challenging; when hiring someone to fill a new position, there is even more pressure to make the right call.

Business owners who can allocate workplace responsibilities efficiently and logically stand to reap significant benefits in the long run.

The challenge is not just choosing the right person but also making sure that you have clearly defined the new role and established your expectations. You should spend time thinking carefully about the skill set, experience and aptitude you will require from your new employee.

Even in times of high turnover, many owners are anxious about the financial commitment of taking on new staff members. While paying additional wages may seem like a gamble, failing to take on the extra labour you need will almost certainly damage your business.

You and your current employees will have much more stress to deal with, and chances are that efficiency and quality may suffer down the line.

In situations where you are worried about taking on a new staff member, it is important not to make the mistake of hiring an inexperienced person on the sole consideration that you are able to pay them a modest salary.

You need to think very carefully about what your business needs today and what you may require from your team as you continue to expand.

For example, as things get busier, you may find that you will need to devote more of your time to dealing with suppliers, and as a result, you will need someone you can trust to manage day-to-day matters at your store.

Hiring new staff and defining their roles within your business is incredibly important to your future success. Staff are the most important asset that a business has, and how management has defined roles and responsibilities can significantly impact employees’ abilities to perform.

Before you start recruiting a new staff member, you should write down all of the tasks you would require a new employee to complete and the responsibilities you may want them to take on in the future.

Once you have written down everything, you can think of, take a step back and look at the list.

At this point, you need to consider whether it will be in the business’s best interests to have a single person take on every task.

You may realise that some of the tasks are suited to an entry-level position, whereas others require specific skills and experience.

If this is the case, you should consider various options for restructuring the division of work between existing roles so that the new role will be suited to a specific type of candidate.

There is also always the option of creating a part-time position, or even two part-time positions,  instead of a full-time role as well, pending business budgets & expenses.

Many businesses will require extra help in busy periods such as the Christmas holidays. When hiring someone for a specific period, you should be upfront with them from the start and clearly explain the dates you have in mind.

Hiring and creating a new role for your business requires careful planning, particularly around payroll, classifying the employee, or even integrating and onboarding them into the pre-existing structure. Speak with a professional business adviser if you are unsure about any of the procedures you may need to implement during the hiring process.

A casual worker with fixed hours can become a compliance nightmare for payroll, mainly if awards and rates are not applied correctly, especially given the legal definition of the type of employment.

Four factors must be taken into account to determine if an employee is in a casual position:

  • Choice: An employer can elect to offer work, and a casual employee can elect to accept or reject that work;
  • Need: the employee will only work as required;
  • Job Type: the employment is described as casual employment; and
  • Rate Of Pay: the employee is paid a casual loading (a higher pay rate for being a casual employee), or a specific pay rate for casual employees

Now is the time for due diligence in assessing your casual employees’ current situations. Maintaining compliance with this matter is paramount to ensuring that your current employment and HR processes are working effectively for you and your employees.

You need to ensure that:

  • At the commencement of employment, your casual employees are provided with a Casual Employment Information Statement (as well as every 12 months after).
  • Your current employment agreements reflect that casual employees do not have ‘a firm advance commitment to ongoing work’ and meet the specific criteria outlined in the definition of a casual employee to ensure they are correctly classified.
  • These employee contracts should specify whether an employee is casual, whether they can elect to accept or reject the hours and whether they are paid a casual loading.
  • There is clear casual to permanent conversion frameworks in place in your business (if you are not a small business), with clear processes ready to identify employees that may be entitled to convert to permanent employment.
  • Casual workers should also have superannuation contributions paid by their employers if they are over 18 years old (even if they earn less than $450 per month) or under 18 years old and work more than 30 hours per week.

Casual employees must be offered a conversion to full or part-time permanent employment under the National Employment Standards if:

  • they have worked for the employer for 12 months;
  • they have worked a regular pattern of work on an ongoing basis for at least the past 6 months; and
  • the employee could continue to work their regular hours as a permanent employee without significant adjustment.

Employees must respond in writing within 21 days as to whether they accept or reject the offer. If they reject the offer (or don’t respond), they continue to be casual.

If your employee accepts the offer, you must discuss the terms with the employee and confirm them in writing within 21 days. The commencement date must be the first day of the employee’s next full pay period after that notice unless the parties agree otherwise.

Incorrectly classifying your employees can lead to major compliance issues and result in significant penalties if caught. Talk to a trusted adviser or speak to a legal professional about your employment agreements today.

Are some of your employees covered by a pre-2010 agreement (also known as a ‘zombie agreement’)?

These agreements will be automatically terminating (‘sunsetting’) on 7 December 2023 unless an application is made to the Fair Work Commission to extend the default period for the agreement before 7 December 2023.

Many of these pre-2010 agreements no longer cover anyone and have ceased operating.

For example, many pre-2010 agreements have been replaced by enterprise agreements, only covered employers, projects or worksites that no longer exist, only covered named employees who are no longer employed by the employer, or have been terminated by the parties, or by the Fari Work Commission.

However, for those employees still covered by this type of agreement, there are a number of key items to complete to either extend the agreement or bring them into line with the modern award.

Types Of Zombie Agreements

Pre-2010 agreements that continue to operate today (‘zombie agreements’) could include the following kinds of registered agreements:

  • ‘Agreement-based transitional instruments’

These agreements were either:

  • collective — covering employer(s) and a group of employees, or
  • individual — covering one employer and one employee.
  • ‘Division 2B State employment agreements’, or

Division 2B State employment agreements are based on agreements registered under State industrial laws in New South Wales, Queensland, South Australia and Tasmania before 1 January 2010 that covered referred employers.

  • ‘Enterprise agreements made during the bridging period’ (1 July 2009 to 31 December 2009)

Enterprise agreements that were made under the Fair Work Act between 1 July 2009 and 31 December 2009 had to pass the ‘no disadvantage test’ rather than the ‘better off overall test’.

These agreements were collective agreements.

What Do I Have To Do? 

If a pre-2010 agreement still covers one or more employees (it is a ‘zombie agreement’), you as an employer must give the employee(s) a written notice about the sunsetting of the agreement before 7 June 2023.  An application must be made to the Fair Work Commission to extend the default period for the arrangement must be made bef

You don’t have to do anything if your pre-2010 agreement no longer covers anyone.

Who Can Apply For An Extension?

You can apply to extend the default period for a pre-2010 agreement that is still in operation (a ‘zombie agreement’) if you are:

  • an employer covered by the agreement
  • an employee covered by the agreement, or
  • an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement.

If you have already been granted an extension to the default period beyond 6 December 2023, you can apply for a further extension. You must apply before the end of the extended default period.

You can make as many extension applications as you like, provided the pre-2010 agreement has not yet been terminated. You must include a copy of the pre-2010 agreement with your extension application.

Your application should also specify whether bargaining is occurring for a new enterprise agreement or whether the employee(s) would be better off overall if the pre-2010 agreement continued to apply than if the relevant modern award applied.

If you’re unsure whether your employee agreements fall under a pre-2010 agreement, you should seek independent advice from a business adviser – why not start that conversation with us today?

One of the most important decisions you must make before starting a business is in what structure your business will be operating under. This will be reflected in all facets of your business, so you should spend time understanding the implications of each structure before making a decision.

Sole Proprietorship

A sole proprietorship business structure is a type of business with only one owner. However, that owner has complete authority and control over every aspect of the business. Sole proprietors are generally easy to set up as they do not need to be registered as a business, but you may need a license to operate (depending on the field).

There are liabilities that you need to be aware of when it comes to undertaking a sole proprietorship. A sole proprietor’s income through the business is treated as personal income. However, if the business runs into debt & bankruptcy, your personal and business assets will be at risk as the owner is accountable.

In summary, with a sole proprietorship:

  • You have complete control of your business
  • The owner and the business are not separate legal entities
  • Your business assets and liabilities are not separate from your personal assets and liabilities
  • You are personally liable for debts and obligations of the business
  • Generally a low-cost structure to set up

Partnership

A partnership is a business structure comprising 2 or more people who distribute income or losses between themselves.

There are 3 main types of partnerships:

  • A general partnership (GP) – is where all partners are equally responsible for the management of the business, and each has unlimited liability for the debts and obligations it may incur.
  • A limited partnership (LP) – is comprised of general partners whose liability is limited to the amount of money they have contributed to the partnership. Limited partners are usually passive investors who don’t play any role in the day-to-day management of the business.
  • Incorporated Limited Partnership (ILP) – is where partners in an ILP can have limited liability for the business’s debts. However, under an ILP there must be at least one general partner with unlimited liability. If the business cannot meet its obligations, the general partner (or partners) becomes personally liable for the shortfall.

Individual states and territories have different laws regarding partnerships. Following these according to what is set out for your state is essential.

In a partnership:

  • Partners share control and management of business
  • An ABN must be obtained and used for all business proceedings
  • Each partner pays tax on the share of net partnership income each receives
  • Each partner needs to provide separate tax file numbers and are responsible for their own superannuation arrangements
  • Minimal reporting requirements and inexpensive to set up
  • Must register for GST if turnover exceeds $75,000.

Company

A company as a business structure is a separate legal entity, unlike a sole trader or a partnership structure. This means the company has the same rights as a natural person and can incur debt, sue and be sued. All directors of a company must have a Director ID. 

As a member, you’re not liable (in your capacity as a member) for the company’s debts. Your only financial obligation is to pay the company any amount unpaid on your shares if you are called on to do so. However, directors of the company may be held personally liable if found to be in breach of their legal obligations.

Companies can be expensive and complicated to set up and generally suit people who expect their business income to be highly variable and want the option to use losses to offset future profits.

Companies and directors have key legal and reporting obligations they must comply with. Some of the more common obligations include:

  • update Australian Securities and Investments Commission (ASIC) within 28 days of key changes to company details
  • keep financial records
  • understand and comply with all your obligations as a director

A company, in summary:

  • Is a separate legal entity from its owners
    • All profit, tax, and legal liability are direct to the corporation
  • requires you to understand and comply with all obligations under the Corporations Act 2001
  • requires an annual company tax return to be lodged with the Australian Taxation Office (ATO)
  • requires you to complete an annual review and pay an annual review fee
  • directors are required to have a director ID.
  • Members are not liable for the company’s debt (only liable if you breach legal obligations)
  • Complex business structure plus extensive documentation and record-keeping
  • Wider access to capital

Trust

In a trust structure, a trustee holds your business for the benefit of others (the beneficiaries).

A trustee can be a person or a company an is responsible for everything in the trust, including income and losses. They are the ones legally responsible for its operations.

Trust structures are expensive and complicated to set up, and are generally used to protect the business assets for beneficiaries. The trustee decides how business profits should be distributed to the beneficiaries.

In summary, trusts:

  • Have an expensive set-up and operation
  • Require a formal trust deed outlining the operation required
  • Trustee responsible for yearly administrative tasks
  • Assets are protected
  • Difficult to dissolve or make changes once established.

Setting up a trust is best done with a licensed professional to assist with the registrations and documentation.

It is best to consult with a professional business adviser before deciding on a structure for your business, as they can provide more information based on your specific needs and circumstances.

Why not start that conversation with us today?

The end of the financial year is the best time to work out the potential debts your business may incur or have already incurred.

Businesses can go into two kinds of debt – good and bad. Determining the type of debt is highly dependent on how the debt has been used for your business.

Good debt can potentially support your business’s growth and ability to create and generate wealth. This could be when your business purchases an asset through borrowed money that generates income for the business, with the return on investment for the asset exceeding its after-tax interest cost. If you are a business in a seasonal industry, you could use a business loan or line of credit to balance out uneven cash flow in the slower seasons.

Generally, good debt generates more value or money than the loan itself costs. It allows you to expand by financing things for the business, such as equipment, premises, skilled employees and marketing.

Bad debt may come in two forms. The first is as a loss that your business has incurred because credit has been extended to customers that cannot be repaid or recovered (which should be expensed on your income account). The second could be due to a loan that your business takes out to use for financings, such as growth or day-to-day operations.

Bad debt essentially affects the bottom line and disrupts the day-to-day activities and operations by affecting cash flow, constraining growth, and even threatening the survival of your business.

However, even good debt can become bad if not carefully managed and controlled.

Always have a plan for paying off debt in place, and try to pay off the more expensive forms of good debt before paying off the cheaper good debts. You can also speak with us about controlling your business’s debt rather than allowing the debt to control you.

A company car, travel expenses, workplace discounts. These are just a few of the ways that your business can reward employees (or provide a little bit of a perk throughout the course of employment).

A fringe benefit is something extra that your employees can receive from you. This can be done as either:

  • An addition on top of the salary or wage that you are currently paying them, or
  • In return for foregoing some of their salary under a salary sacrifice arrangement.

While not all jobs may provide fringe benefits such as these, if your business does, you may need to carefully consider the options available. You will also need to consider whether or not providing these fringe benefits is a fiscally feasible option for your business, and what you can actually afford to give (if you choose to do so).

What Is Considered A Fringe Benefit?

A wide range of perks can be classed as fringe benefits. The most common ones that you can provide to your employees (if you choose to do so) are:

  • A leased vehicle for your employee’s personal use (under a ‘novated lease’ arrangement, or personal use of a company car
  • Gym/Health memberships
  • Entertainment expenses, such as free/discounted food, cinema tickets, accommodation etc.
  • Private health insurance
  • Childcare costs and school fees
  • For employees who do not live in your business’s locale, you can provide a living-away-from-home allowance (LAFHA).
  • Shares and bonds

Fringe benefits can help your employees enjoy the perks resulting from the job and (depending on your employees’ personal circumstances) reduce their taxable income.

Fringe benefits enable your business to remain at a competitive edge in attracting and retaining employees (if it is feasible for you and your business to be offering them). In a competitive job market where hiring and maintaining long-term talent is the goal for many employers, offering perks and benefits could situate your business over the others when it comes to catching the eyes of prospective employees.

As an employer who provides work perks, you will need to take into account that you may be liable for any applicable FBT on fringe benefits provided to your employees. This is calculated on the taxable value of a fringe benefit, which we can provide assistance with.