TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia

 
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TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
Vol 78, No 203
                                                                         May 2009
Club Secretary Manager
Course presenter Allan
Peter (centre) with
Mathew Roper and
Joanne Pieper at the
CMDA’s inaugural course.

TRAINING
TRIUMPH
Students give Club Secretary Manager Course thumbs up
       ➣   INSIDE: Mid Year Executive Leadership Brochure: Pages 27-30
                  ➣ What’s Happening In The Zone: Pages 33-45
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
1

CLUB MANAGERS’
ASSOCIATION AUSTRALIA
OFFICE BEARERS                                                                                           Publisher CMAA
CMAA FEDERAL EXECUTIVE                                                                                   Editor: Peter Sharp
President                                                                                                Phone: (02) 9643 2300
WILLIAM CLEGG, ACCM                                                         Bill Clegg ACCM              Mobile: 0410 140 036
Randwick Labor Club                                                         Federal President            Email: sharpee1@cmaa.asn.au
Federal Secretary                                                                                        Contributors:
ALLAN PETER, ACCM                                                                                        Henri Lach, Katie Cincotta.
                                                                                                         Advertising Manager:
Vice President                                                                                           Judy Rayner
DANIEL MUNK, ACCM
Penrith Rugby League Club                                                                                Advertising Bookings:
                                                                                                         (02) 9332 2363 & 9360 6177
Executive Member                                                                                         Fax (02) 9361 5142
DAVID O’NEIL, ACCM                       ADMINISTRATION
                                                                                                         rayner@bigpond.net.au
Castle Hill RSL Club                     Executive Officer
                                         Terry Condon, CCM                                               Printing and Design:
Executive Member                                                                                         Daily Press Pty Ltd
TIM McALEER, ACCM                        Administration Officer             Allan Peter ACCM
                                         Gerry Sarlemyn                     Federal Secretary            Phone: (02) 9558 8419
Tradies @ Gymea
                                                                                                         Correspondence:
CMA NSW STATE                            Senior Industrial Relations
                                         Advocate                                                        The Editor, c/-
EXECUTIVE MEMBER
                                         Peter Cooper                                                    Club Managers’ Association Australia
DEBORAH FEENING, ACCM
Club Marconi                             Education Manager
                                                                                                         67-73 St. Hilliers Road
                                         Ralph Kober, B.Ed.                                              Auburn NSW 2144
FEDERAL COUNCILLORS                                                                                      P.O Box 845 Auburn NSW 1835
                                         Career Development Administrator                                Phone (02) 9643 2300
Division A – City/Eastern Suburbs
                                         Narell Harrison                                                 Fax (02) 9643 2400
Zone and Manly/Northern Suburbs
Zone                                     Training Course Administrators
Mario Machado, ACCM                      Brad Jones, CCM                                                 Please address all business
Assistant Chief Executive Officer        Estelle McDonald-Birch             Danny Munk ACCM              correspondence to the
Hornsby RSL Club                                                            Vice President               Federal Secretary
                                         Communication Services Manager
Division B - St George/Cronulla          Peter Sharp                                                     The Club Managers’ Association Australia
Sutherland Zone and Inner West                                                                           is registered as an industrial organisation
Zone                                     Accounts Officer
                                                                                                         of employees in the terms of the Federal
Ian Todd, ACCM                           Priscilla San Luis
                                                                                                         Workplace Relations Act, 1996, and The
General Manager                          Receptionist                                                    Club Managers’ Association is a registered
Kingsgrove RSL Club                      Carol Quirke                                                    Trade Union in the terms of the New
Division C – Nepean Zone                                                                                 South Wales Industrial Relations Act 1996.
                                         Administration Assistant
Michael Wiezel                                                                                           The CMAA is affiliated with the Australian
                                         Evonne Bosnich
Secretary Manager                                                                                        Council of Trade Unions (ACTU) and the
St Marys RSL Club                                                                                        CMA is affiliated to the NSW State Branch
Division D – Hunter Zone, Central
                                                                                                         of the ACTU, The Labor Council of NSW.
Coast Zone and Great Lakes Zone                                             David O’Neil ACCM
                                         Life Members
Stephen Byfield, ACCM                                                       Federal Executive Member     Registered Office
Chief Executive Officer                  Harry Walker (decd.)                                            67-73 St. Hilliers Road
Diggers @ The Entrance                   Norm Robinson (decd.)                                           Auburn NSW 2144
                                         Arthur Justice (decd.)                                          Phone (02) 9643 2300
Division E – Far North Coast Zone,
                                         Len Ewart (decd.)                                               Fax (02) 9643 2400
North West State Zone, Mid State
                                                                                                         P.O.Box 845 Auburn NSW, 1835
Zone and Mid North Coast Zone            Lou O’Neill (decd.)
                                                                                                         Email - cmaa@cmaa.asn.au
Gordon Rhodes, ACCM                      Peter Cameron (decd.)
Chief Executive Officer
                                         Bob Harbutt (decd.)
South Tweed Sports Club                                                                                  Office Hours
                                         Keith Nolan (decd.)                                             Monday to Friday 9am to 5pm
Division F – Illawarra Shoalhaven
                                         Fred Chubb, CCM (decd.)
Zone and Far South Coast Zone                                                                            Seven-day telephone answering service in
David Hiscox, ACCM                       Alan McDougall, MBE (decd.)                                     operation.
General Manager                          John Milne (decd.)                 Tim McAleer ACCM
Dapto Leagues Club                       Les Evennett                       Federal Executive Member     “Club Management in Australia” is published monthly
                                         George Elliot, CCM                                              by the Club Managers’ Association Australia. All
Division G – Gold Coast Zone, Brisbane
                                                                                                         material is copyright and cannot be reproduced
Zone, Ipswich Darling Downs Zone,        Peter Strachan, ACCM                                            without the explicit permission of the Publisher or
Sunshine Coast Zone, and the Central     Hans Sarlemyn, ACCM                                             Editor. Editorial contributions relating to the club
and Northern Queensland Zone                                                                             industry are welcome. Submitted copy should be typed
                                         Jim Henry, OAM, CCM                                             and double spaced. We don’t accept any responsibility
Steve Condren                                                                                            for keeping and returning unsolicited material.
                                         Terry Condon, CCM
General Manager                                                                                          Photographs submitted must be captioned. Those sent
Southport Surf Life Saving Club          Lew Cooper                                                      without prior arrangement cannot be returned unless
                                         Barry Stevenson                                                 accompanied by a stamped, self addressed envelope.
Division H – Victoria Zone, Riverina                                                                     Views expressed in this magazine are not necessarily
Murray Zone and the ACT Zone             Greg Pickering, ACCM                                            those of the Club Managers’ Association Australia.
                                         John Allan, ACCM                                                Although we do exercise the utmost caution, we don’t
Grant Duffy, ACCM                                                                                        accept responsibility for claims expressed in
Secretary Manager                        Allan Peter, ACCM                                               advertisements appearing in our issues.
Numurkah Golf & Bowls Club               Wayne Forrest, ACCM                Deborah Feening ACCM         Subscription rate is $60 a year.
                                                                            NSW State Executive Member   ISSN 0045-7205
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
SPONSORS OF THE CLUB MANAGERS’
CAREER DEVELOPMENT CENTRE
              www.cmaa.asn.au
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
May Magazine Contents
PAGE      ADVERTISER / Editorial
COVER 1   COVER - Secretary Manager + pointers
COVER 2   INDEPENDENT GAMING
P1        CMAA Imprint & Administration Information
P2        CMAA Career Development Centre Sponsors
P3        GOLD CREST SECURITY
P4        SOUTHERN CROSS UNIVERSITY + May Edition Contents Page
P5        CASHCODE
P6        PAYNTER DIXON CONSTRUCTIONS + May Edition Pointers
P7        BRINKS
P8        CARDCORP + Executive Perspective – Danny Munk
P9        MEI
P 10      MERIDIAN CONSTRUCTIONS + The Executive Officer's Desk – Terry Condon
P 11      NUPOS + CMDA - Club Secretary Manager Course 1
P 12      CMDA - Club Secretary Manager Course 2
P 13      CMDA Club Secretary Manager Course 3
P 14      Industry Issues 1
P 15      CLUB SUPER
P 16      Senior Management Training 1
P 17      COLORCRAFT + Senior Management Training 2
P 18      Legal - Club Industry Case Study 1
P 19      CUSTOMERS ATM + Legal - Club Industry Case Study 2
P 20      CULLINAN IVANOV PARTNERSHIP + Fair Work Legislation 1
P 21      PALTRONICS + Fair Work Legislation 2
P 22      Queensland Club Profile - Tewantin Noosa RSL Club 1
P 23      PALTRONICS + Queensland Club Profile - Tewantin Noosa RSL Club 2
P 24      Industry Issues - PKF
P 25      THOMSON PLAYFORD CUTLERS
P 26      Industry Issues
P 27      CMAA MID YEAR EXECUTIVE LEADERSHIP CONFERENCE BROCHURE 1
P 28      CMAA MID YEAR EXECUTIVE LEADERSHIP CONFERENCE BROCHURE 2
P 29      CMAA MID YEAR EXECUTIVE LEADERSHIP CONFERENCE BROCHURE 3
P 30      CMAA MID YEAR EXECUTIVE LEADERSHIP CONFERENCE BROCHURE 4
P 31      CMDA Update – Ralph Kober
P 32      CMDA Training Calendar - April & May
P 33      In The Zone - Inner West Zone Golf Day
P 34      CMDA - SUPERVISOR BOOTCAMP
P 35      In The Zone - Gold Coast Zone Golf Day
P 36      CMDA – CLUB SECRETARY MANAGER COURSE
P 37      In The Zone - Hunter Zone Meeting & Bowls Day
P 38      CMAA Events Diary - 2009
P 39      In The Zone - Great Lakes Zone Meeting
P 40      CMDA - DUTY MANAGER DEVELOPMENT PROGRAM
P 41      In The Zone – A.C.T. Zone Meeting
P 42      CMDA – A.C.T. ZONE TRAINING
P 43      In The Zone - Manly Northern Suburbs Zone Golf Day
P 44      CMAA - Federal Councillors & Zone Education Officers
P 45      In The Zone - Far South Coast Zone Meeting
P 46      CMDA – DEVELOP & MANAGE GAMING ACTIVITIES 1
P 47      CMDA – DEVELOP & MANAGE GAMING ACTIVITIES 2
P 48      Southern Exposure – Victoria’s Gaming Legislation 1
P 49      Southern Exposure – Victoria’s Gaming Legislation 2
P 50      SLATER GORDON + Market Forces - Colorcraft
P 51      Industry Update – CMAA Legends in Spotlight
P 52      Industry Issues – The Outdoor Gaming Debate
P 53      Industry Update - Entertainers at the Expo
P 54      RAYNER SALES & MARKETING + AGE 2009
P 55      Clubs In Our Communities - Club Central Hurstville
P 56      Market Forces – Paynter Dixon @ Mollymook & Mudgee
COVER 3   KENO
COVER 4   STARGAMES
INSERTS   GLOBAL GAMING INDUSTRIES
          GOPHER GRAPHICS
          LONG RANGE SYSTEMS AUSTRALIA
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
6     In Your May Edition

➢ Pages 16 &17                           ➢ Pages 20 & 21                         ➢ Pages 48 & 49
In what ways do your managers need       A new dismissal system will be          Gaming reform in Victoria has hit a
to be stronger and more effective?       introduced as part of the new           dead end. In February, the Brumby
Most CEOs have a “wish list”, but        workplace relations system that         Government introduced a new Gaming
few dare to speak openly about it. In    Workplace Relations Minister JULIA      Bill into Parliament to take Victoria
fact, most of what’s desired is          GILLARD brought to the Federal          towards an owner-operated structure
trainable, but it needs more than a      Parliament in February. New             from 2012. Gaming Minister TONY
quick “spray” to create a stronger       dismissal laws will come into effect    ROBINSON lauded the Gambling
and smarter management team.             from July 1, 2009. The objective is     Regulation Amendment (Licensing) Bill
Training for senior staff will be most   to ensure good employees are            2009 to end the Tatts/Tabcorp duopoly
effective when it combines               protected from being dismissed          as a windfall for clubs and hotels. But,
intensive, short workshops, specific     unfairly, while enabling employers to   the Coalition and the Greens have
projects related to the club’s needs     manage under-performing employees       failed to support the Bill in the Upper
plus coaching and support during the     with fairness and with confidence.      House, forcing the Minister to declare
length of the project. It’s a process    The Code sets out the circumstances     a possible return to the duopoly.
and there’s something satisfying to      in which a summary dismissal (a         Reporter KATIE CINCOTTA investigates
know that it won’t ever end …            dismissal without notice or warning)    what exactly did the Victorian
                                         is warranted, including cases of        Government outline in its radical new
                                         theft, fraud and violence …             plan for the “pokies”?
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
TRAINING TRIUMPH Students give Club Secretary Manager Course thumbs up - Club Managers Association Australia
8      Executive Perspective

                     The solutions could be around you - in your teams
                      By DANNY MUNK, ACCM *                       a market that can change again just as rapidly in the near
                      Prior to writing this article, I had been   future. Not only do we face the current economic storm,
                      doing some industry reading. It would       but we face a community that no longer associates the
                      be fair to say that most of the reports     values of clubs with responsible gaming and beverage
                      would have been unbelievable just           service.
                      three to four years ago. Yet, in the        Who knows which way legislation will lead us? Not only do
past 12 months, so much has happened so fast that what            we have this burden, but armed hold-ups are on the rise
appeared “unbelievable” now is the next news article.             and clubs, as with hotels, are the last of the “cash
Harrah’s and MGM, which between them controlled 16 out            bastions” in our communities.
of the 25 major properties in Las Vegas, are facing major         So, what will get you through? Does someone have the
issues due to their debt burden. The original concept of          answer? Yes, and most times those answers are around
property consolidation made so much sense. Overnight,             you.
the customer traffic and, in turn, revenue has just               People who have invested in their teams are riding the
plummeted. Suddenly, being “big” was not the position             waves better than most. Why? Because during a storm, a
that we believed it to be.                                        good team can batten down the hatches faster than an
The Station Group - the largest local property group – also       individual. A good team can change direction faster than a
is facing major funding issues, threatening the jobs of           team of individuals with their own agendas. A good team
almost 10,000 Las Vegans. These are groups that have              will refocus their business plans, marketing plans and
been setting standards in properties, customer service and        synergise with their budgets faster than a solo leader.
loyalty programming. Red Rock is a landmark property.             Teams hold your intellectual property, they nurture it and
Stations created a portfolio of properties second to none.        they grow it.
This was to be the backbone of their newest property,             As a leader with values, a team that lives these values and
“Aliante”, which was many years in the planning, opening          an organisation that supports these values can get the
in November 2008.
                                                                  organisation through the storm and move steadily into
To say they have opened in some of the worst times Vegas          smoother waters. There are many people who help leaders
has seen is an understatement. Are the numbers good? No,          create teams, show them how to nurture their teams and
they are not. What does stick in my mind is the comment           mentor their leaders – even show the leaders how to
made by the property’s senior management: “We built this          mentor their teams.
property for the long term.”
                                                                  If you feel this is an area you are moving forward in, then
Sometimes, while you weather the storms of today, you             excellent. I suggest that you should take the next step and
must remember that the businesses we are in are all for           challenge yourself by talking to others who recognise
the long term. Sometimes, we need to make tough                   “team builders”.
decisions to get us to the other side, but you must
remember that the goal for our industry is tomorrow …             If you are not sure that you and your team are handling
tomorrow for our clubs, communities and all the                   the storm, then perhaps it’s time to ask for help. Seeking
stakeholders who believe in our industry.                         help is not a sign of weakness, but a sign of a leader who
                                                                  wishes to take the team out of the darkness.
Currently, the impact on many industries is extreme. Some
are doing well, but many are being impacted and being             If this is a topic you are interested in, contact me or other
impacted very rapidly. Not only are clubs feeling the             members of the CMAA Executive for guidance on what
burden, but so too are our suppliers and our customers.           steps you need to take to create a team that can handle
It’s our responsibility as managers to take this into             any storm.
consideration when we focus on our business. We need to           ➢ DANNY MUNK, ACCM,
understand that we are facing a rapidly changing market -             is the CMAA Federal Vice President
10 The Executive Officer’s Desk

                     Statesmen make us proud and remind us of all
                     that’s good in our business with a dozen CEOs and their club
                                                 Presidents at the end of last month.
                       It’s funny how the    it helped me better appreciate the          The university environment adds a
                       little things get     place that the CMAA and the Club            great deal of prestige and status to a
                       your attention. I     Industry has in the lives of men and        course that offers both the manager
                       read literally        women who dedicate their working lives      and the board executive the
hundreds of letters, emails, magazines       to their clubs. A few days later, I         opportunity to focus fully on
and brochures every week ... some            conscripted another Life Member and         comprehending the reciprocal roles and
complaints, some requesting financial        CMAA Past President, Les Evennett, to       responsibilities in running a registered
support or CMAA assistance, others           record a video to support the “Raise A      club, particularly in this period of
invitations and notices of meetings and      Glass” campaign that CMDA Sponsor           global and domestic economic
functions. Somewhere, amongst a stack        company Foster’s ran in the lead-up to      downturn, dramatic legislative change
of emails, came a seemingly                  Anzac Day 2009. Les, 92, is one of the      for the Club Industry and ever-changing
unimportant note with a couple of            famous “Rats of Tobruk” and I thought       compliance. It’s a big time and cost
photos attached from Ian Elliot, the son     he’d be the perfect person to fly the       commitment for any club, but each day
of CMAA Life Member and former               CMAA flag in support of this campaign       ends with a greater realisation of the
Federal Secretary George Elliot. The         that raised awareness and funds for         relationship, partnership and respect
note said George had celebrated his          Legacy in Australia. Les is also a Life     required to make a club successful in
85th birthday with a few laps around         Member at Brighton RSL Club where he        these challenging times. I’ve yet to
Eastern Creek Raceway in a V8 Supercar       was the club’s first Secretary Manger       hear a manager or president make a
– a gift from Ian and George jnr (see        and served for 25 years until he retired.   negative or cynical comment about the
Peter Sharp’s report on P51). Towards        The Raise A Glass video ran on the          course and the product of the day’s
the end of the email, Ian wrote a couple     CMAA website until Anzac Day. Les sat       workshops, forums and debate. It’s a
of simple sentences that made me stop        down and read through the script a few      remarkable experience for those
and think hard about this Association        times and declared he was ready to go.      involved and for me, as an observer.
and the Club Industry. Ian wrote ... “Dad    The camera rolled. A few seconds later      Professor Michael Singleton does a
was Secretary Manager at Yarra Bay           it was done ... he got it – every word,     world-class job packaging and
Sailing Club for 10 years, then Secretary    without a falter - first take. We had a     presenting this vast topic and the work
Manager at Coogee Randwick RSL Club          few more cracks at it before we packed      is internationally ground-breaking for
for 20 years before retiring at 66. He is    up and, each time, he got it. We – the      club management. I’m proud that the
a past State and Federal Secretary of        CMAA and the Club Industry – are            CMAA and the CMDA has been able to
the CMA and is immensely proud to have       blessed to have men such as Les             collaborate with Southern Cross
been a part of this organisation. His Life   Evennett and George Elliot to hold up as    University to deliver a course - and
Membership is displayed proudly in the       a reference point for everything that is    opportunity – to our members and their
home to this day. He and all of the          good about what we do and why we do         clubs.
family are immensely grateful for the        it. They are men who gave their
ongoing kindness that the organisation       working lives to the club philosophy of     In closing, I want to register the CMAA’s
continues to display by inviting him to      offering members a place to relax and       deep regret at the passing of OLGR
all your events and acknowledging his        socialise and to make communities they      senior executive Brian Farrell. The CEO
contribution. A lot of organisations and     served and the lives of people who live     of the Casino, Liquor and Gaming
companies could learn a lot from the         there better by their generosity.           Control Authority died suddenly on
dignity you and your members continue                                                    January 30.
to show towards those who went               I’ve also had the privilege of attending
before.” Ian’s words were heart-felt and     the CMAA’s first Corporate Governance       ➢ TERRY CONDON, CCM, is the CMAA’s
genuine. And, because it came from the       Cohort for 2009 at the Tweed Heads            Executive Officer, a CMAA Life
son of this distinguished club statesman,    Campus of Southern Cross University           Member & former Club Manager
CMDA Club Secretary Manager Course 11

Teacher would have been happy to sit in on this class
The CMAA has developed a club-specific course for existing General               how important this course could have
Managers, CEOs, Secretary Managers any young executives with                     been for me when I got into senior
ambitions to climb the Club Industry’s corporate ladder. CMAA                    management roles,” he says with a
Federal Secretary ALLAN PETER, with more than 40 years of Club                   smile. “While it’s club-specific, the
Industry experience, is pioneering the four-day program – Club                   theory attaches itself to all forms of
                                                                                 management. Ralph Kober has done a
Secretary Manager Course - that offers a definitive guide to the role
                                                                                 superb job putting the course and the
and responsibilities of senior management. The response, already,                curriculum together.”
has been overwhelming and identified a professional development
                                                                                 The course investigates and
path that every senior manager should consider. On Page 13, you’ll               quantifies virtually every aspect of
find a summary of comments by three experienced club managers –                  the senior management role – from
GEOFF VIDLER, MAUREEN HAYWARD and CAMERON PROVOST – about                        the board to conducting meetings,
the course and its value to their careers ...                                    from constitutions to OLGR
Allan Peter sits back and considers      other circumstances in other clubs at   legislation, compliance and corporate
how important the CMDA’s new Club        another time, but there was no sense    governance. “There’s not much – if
Secretary Manager Course would have      of policy or process ... you were       anything – missing and we’ve, so far,
been for him. “Life would have been      flying and learning by the seat of      had nothing but support and positive
a lot different and a lot easier to      your pants.”                            feedback for the course,” Allan
comprehend,” the 40-year Club            The CMAA’s Federal Secretary and        added. “Perhaps the only gripe is that
Industry veteran says. “You learned      presenter of the four-day course,       these people are away from their
something new and important every        staged over two consecutive weeks at    offices for four days and they say
day, but the problem was that it only    the CMAA’s Education Centre at          they struggle to fit the study days in.
fitted the environment and the           Auburn, Allan describes the Club        In the finish, they say that every day
context of the club that you were        Secretary Manager Course as “first      of the course is valuable and
working in. It could be applied to       class”. “I can’t begin to understand    important and they probably couldn’t
                                                                                 afford not to have done it.”

                                                                                 Continued page 12

The inaugural CMDA Secretary Manager Course class of 2009 with presenter Allan
Peter (front row middle).

When: Monthly
Where: CMAA Career Development Centre, Auburn & CMAA Zones
Times: 9.30am – 4.30pm (all days)
Cost: $690(+GST) - CMAA Member & CMDA Affiliate; $890(+GST) – Non-Member.
Award: “CMDA Certificate of Completion” for participating in this program.
ACCM Points: CMAA Members & CMDA Affiliates earn 25 points toward
ACCM activity.
Details: Contact Estelle McDonald-Birch at the CMDA - P: 02 - 9643 2400, or E:
estelle@cmaa.asn.au
Register: Online at www.cmaa.asn.au
12 CMDA Club Secretary Manager Course
From page 11

Allan agrees that it would be easy to
consign the “networking” aspect of
the four days to being outside the
heavy workload, but the first quickly
illustrated how important the
exchange of ideas and experiences
was for every member.
“We had 20 people go through the
first course and I think every one of
them commented on the importance
of that ‘common bond’ that goes with
running a club in these challenging
economic times,” Allan said. “The
students expected that kind of input
from me, but the thing that allowed
them to immerse themselves in the
course and the experience was being
able to chat in an open forum about
the personal and professional
challenges they face every day. And       CMAA Federal Secretary Allan Peter, a 40-year Club Industry veteran, works with
the interesting thing is that, although   Club Secretary Manager Course students at the CMAA’s Career Development Centre
they came from the spectrum of            at Auburn.
clubs and locations, their problems
were similar and many went away           role,” Ralph added. “And that              ➢ Understanding the role of the
with strategies and ideas for dealing     outcome was shared by everyone ...           Company Secretary, the role of
with problems – and that came from        whether they have been in the job            Management and the Board.
their classmates ... fellow managers.     five years or 35 years.”                   ➢ How to prepare and conduct Board
“I’m sure that each of those students     Allan pointed to Corporate                   Meetings, introduce managers to
in the first course went away with 19     Governance, legislation and                  Club Constitutions, member
new friends and professional allies ...   compliance as the topics that brought        meetings, notices, disciplinary
people they know they can trust to        the group together and focussed their        meetings, motions and more
pick up the phone and seek advice or      learning energy and attention.               meeting procedure.
a sympathetic ear for a problem           “Managers these days carry an              ➢ Demystifying legislative and Office
because they have already shared          enormous responsibility and burden in        of Liquor and Gaming (OLGR)
that experience and relationship over     supervising staff and advising boards        auditing requirements.
four days at Auburn. I don’t think        on the many and changing aspects of
that you can put a price on that level                                               ➢ Explaining key areas of gaming
                                          these three major issues,” Allan said.
of support in this industry.”                                                          compliance, general administration
                                          “The CMAA, through Southern Cross
                                                                                       and finance.
Ralph Kober says he’s delighted with      University at its Tweed Heads
the response to the course, its           Campus, runs a tertiary-level course       ➢ Enacting compliance with
relevance for top-level managers and      focusing solely on Corporate                 management and accountability
young executives on their way to the      Governance, so that underlines how           provisions as set out in Part 4 &
top of the corporate ladder. “The         significant this subject is in the lives     Part 4A of the Registered Clubs Act
uptake for this course has been           of all managers. Throw in ever-              1976.
excellent and it’s pleasing that Zones    changing OLGR legislation and              ➢ Corporate Governance and
outside the Sydney area have seized       compliance, taxation changes,                Corporations Law.
on the opportunity to ‘buy’ the           Industrial Relations, OH&S and staff       ➢ Unpacking the Liquor Act and
course into the Zone so that members      issues and it’s not hard to understand       Registered Clubs Act, Responsible
don’t have to travel to have the          why its takes four days to cover ...         Conduct of Gaming (RCG) and
benefits of such a significant career     this is a course that every manager          Responsible Service of Alcohol
development opportunity.”                 should consider.”                            (RSA) Policy and Practice.
The feedback from the first course        The CMDA Club Secretary Manager            ➢ Managing the CDSE function.
and group of 20 managers has been         Course focuses on ...
more than encouraging for Ralph and                                                  ➢ Managing change and strategy
Allan. “It looks like we have found a     ➢ Preparing mangers for the role of          implementation and decision-
strong combination of topics and             General Manager, CEO or Secretary         making.
presenter because almost everyone is         Manager of a registered club.           ➢ Providing managers with the
describing the course as a significant    ➢ Refreshing and updating General            recognition needed to demonstrate
learning experience and something            Managers, CEOs or Secretary               to a Board the knowledge to hold
that they wish they’d had the                Managers on their roles and               the position of General Manager,
opportunity to do before they moved          responsibilities for running a            CEO, Secretary Manager and
into their club’s senior management          registered club.                          Licensee of a registered club.
CMDA Club Secretary Manager Course 13

Managers assess values of major commitment

GEOFF VIDLER                           MAUREEN HAYWARD                                CAMERON PROVOST, ACCM
Acting General Manager                 CEO                                            General Manager
Mosman Returned Servicemen’s           Canada Bay Club                                Orange Ex-Services Club
Club                                   “I have learnt a lot. You get so bogged        A member on the CMDA Board of
“I’ve enjoyed the course very          down in your day-to-day work and just          Management Studies, Cameron Provost,
much, particularly the legal           hearing the stories from other people,         with 17 years in the Club Industry, is not
content. I think the legal content,    I’ve learnt a lot out of that. I also think    a “hard sell” when it comes to the value
when we had the solicitor              that I’ve bought a lot to the course           and importance of senior managers
speaking yesterday could have          through my discussions in the class. I         maintaining and upgrading their
gone longer ... It was a bit rushed    hope the younger ones that are here are        education and professional development
and there was great benefit out of     learning a lot from the experience of          levels. “This course has been invaluable
it. The course has been very           senior managers on the course. We were         for me … making sure I’m on the right
informative and I’ve enjoyed it.       talking outside about getting bogged           track with a lot of things that I’m doing
Also a Director at Chester Hill RSL    down in the office and not getting out to      from a performance point of view and to
& Bowling Club, Geoff Has been in      network beyond our daily duties and this       reinforce what I’m doing is on the right
the Club Industry for more than 30     course feels like it’s designed around         track. The bonus is that I’ve picked up
years, starting off in bar and in      that, which is excellent and should have       three or four things that will be
the cellar, working his way up         been in place a long time ago. Maureen         invaluable for me and the club. This
through the ranks and                  started in clubs – behind the bar, then        would have been a very valuable course
responsibilities to join               calling bingo and running promotion            for me moving from Operations Manager
management. A CMAA member for          nights - with Terry Buck at St Marys RSL       at Parramatta Leagues Club to the Orange
more than 18 years, Geoff              Club in 1983 and later as an office            job ... would have made me for more
describes the Course as something      administrator with Bill Webster at St          comfortable going into the role knowing
                                       Marys Leagues Club. Despite trying to          what your ‘big ticket’ items are and your
of a “refresher” for his many
                                       retire to the bush in 1996, Maureen            compliance responsibilities. There’s a lot
years of on-the-job supervision
                                       returned to the coast and started at           of reassurance knowing that you’re not
and learning. “I have never been
                                       Canada Bay Club as Financial Controller        the only one who faces the massive
in such a senior management role                                                      challenges that go with moving from Ops
                                       before becoming CEO in 2005. “This
before, having spent the previous      course would have been a great help to         Managers to General Manager and the
five years as an Operations            me going into these senior management          fact that the buck stops with you – and
Manager, where I have learnt a         jobs. Until you get to the top job, you        what goes with that. Any young manager
hell of a lot, but I’ve learnt a lot   don’t realise the responsibilities and, in     with ambition to become a General
more out of this course in the past    the last few years with the changes in         Manager, should undertake this learning
few weeks. The process and             legislation and how to cope with that and      and networking. The networking aspect of
strategy of decision-making,           still manage your club, it would have been     the course, also, has been very important
corporate governance, compliance       far easier for me going up into the role       and another bonus, with plenty of good
have been very important               knowing the theory and concepts of the         conversation and reassurance knowing
information and learning points        job even though I had been in the industry     that people [managers] like me are
for me. Personally and                 for so long. Having experienced and            bumping into comparable problems. I’ve
professionally, the networking         absorbed so much, the course reassures         now found another 19 people – plus Allan
with other managers and social         me what I know fits with the technical         Peter, our presenter – to talk to if and
contact with people in similar         criteria at this level. I’m very happy that    when I bump into issues that someone
roles but different types of clubs     I’ve done this course and would                discussed during the course. I’ll certainly
has been beneficial. It’s              recommend it to all senior managers ...        be encouraging my Assistant General
comforting to know that everyone       in fact it will be important for my            Manager and Financial Controller, who
is encountering the same problems      Operations Manager and Financial               both attend our club board meetings, to
with compliance the major issue.       Controller to do this course, which is         do this course because it will add so much
Compliance on clubs these days is      excellent value. Allan Peter is an             to their understanding of how they can
what we are having trouble with        exceptional trainer it’s the first time I’ve   better support me and improve so many
and it’s a full-on job keeping up      met Allan, although I’ve done a few            aspects of the business and the club for
with compliance.”                      courses here over the years.”                  our members.”
14 Industry Issues

 Peter picks up the pieces after North Haven club robbery
 Peter Negus hopes he’s had his first      but uninjured in the robbery and, three     North West State Zone President Phil
 and last brush with armed robberies at    weeks after the event, were still off       Wheaton was struck in the face with a
 his North Haven Bowling Club. “I think    work receiving medical and counselling      hammer and left unconscious during the
 we were as vigilant and well-prepared     support. The supervisor, senior staff       robbery, across the north of NSW.
 as we could be, but it didn’t stop        member and security guard were tied         “I sincerely believed we might be too
 these blokes getting in and taking the    up during the event, while the senior       tough a target for robbers … that they
 money … I’ll be forever grateful that     supervisor was forced to access the         had put us in the ‘too hard basket’ –
 no-one was physically hurt during the     money for the thieves. “It was a            but, I was wrong,” Peter added. “We
 robbery,” Peter, the club’s Secretary     terrible thing and, although we had         are an upstairs club with residents close
 Manager said.                             discussed all available strategies and      by, lighting visible into the club, good
 State Protection Support Group (SPSG)     measures, we weren’t able to stop           external security lighting and security
 officers were on the spot within          them breaking in,” Peter added. “We         guard positioned outside the club in the
 minutes of the five men smashing their    had looked at lighting, doors on ‘exit      evenings … we worked hard to make
 way into the club just before 10.30pm     only’ of what could have been security      sure all the pieces were properly in
 on Sunday, April 5. Four of the five      weakness points, money-counting             place.
 were arrested at the scene of the         procedures … every member of staff –
                                           and the Board – participated in an          “Because of the robbery at Lake Cathie
 robbery, while the other escaped in a                                                 a few months back and the Armidale
 vehicle and, despite a Highway Patrol     armed robbery awareness program, so
                                           I’m not sure what more we could have        robbery, every club in the area was –
 pursuit and the use of road spikes,                                                   and still is – on guard for these blokes
 eluded police and is still at large.      done.”
                                                                                       and anyone else looking to rob us.
 (see other story on this page)            At CMAA Executive Officer Terry
                                           Condon’s invitation, Peter, the club’s      “A former Sydney detective conducted
 Three of Peter Negus’s staff – a senior
                                           boss since 2005, spoke about the            the security training for all staff and
 supervisor, supervisor, senior staff
                                           robbery and its consequences at the         club directors so we were well informed
 member and
                                           Great Lakes Zone Meeting at Club Old        and instructed in armed robbery
 security guard –
                                           Bar last month. “It’s something that        behaviour techniques … I’m not sure
 were involved
                                           every manager on the North Coast and        what else we could have done.”
                                           the New England region has been aware       “The lesson is that every person
 North Haven                               of for some time with this, and other       responsible for delivery of service in a
 Bowling Club                              gangs, carrying out robberies at            club - from the President to the General
 Secretary                                 licensed premises,” he told the             Manager and the people behind the bar
 Manager                                   meeting.                                    – must be educated in how to behave if
 Peter Negus                               The Barringtons Security Alert that         someone comes crashing through the
                                           announced the North Haven robbery           front door waving a gun … it’s
                                              said SPSG Police believed this was       something that will save lives. And, in
                                                 the same gang that carried out        the end, that’s the only thing that
                                                  robberies, including the Armidale    matters … that the people on the wrong
                                                   City Bowling Club crime when the    end of the robbery will come out alive
                                                   club’s General Manager and          and safe.”

Court told bowling club hold-up accused are sorry
Four men charged with an armed hold-       The four were arrested on Sunday, April     The staff were released uninjured. A
up at North Haven Bowling Club have        5, by State Protection Support Group        short time later, Highway Patrol Police
apologised for their actions. Solicitor    (SPSG) heavily armed officers as the four   spotted a stolen car carrying the fifth
Carolyn Kelly told Port Macquarie Local    allegedly attempted to flee the scene of    offender traveling on Hastings River
Court on April 7 that the men intended     an armed robbery at North Haven             Drive in Port Macquarie. Police pursued
to “take full responsibility” for the      Bowling Club. Police allege five men        the man to the Pacific Highway, where
crime.                                     armed with knives, a hammer and sticks      road spikes were used to try and stop
The Port Macquarie News reported that      smashed their way inside the bowling        the car. The man ran into thick bushland
Martin Ballengary, 26, of Kempsey, with    club just before 10.30pm. Three staff       and, although Police searched the area
Benjamin Wilson, 21, Kevin John            members and one security guard were         with the help of the Dog Squad, he was
Dickson, 23, and Joshua Dickson, 19, all   tied up during the robbery before the       not found. The arrests were part of
from West Kempsey, were charged with       men allegedly ransacked an office area.     “Operation Marquet”, formed by Mid
robbery in company. The men did not        The men were confronted by SPSG             North Coast Local Area Command Police
enter pleas to the charges but, through    officers, who had contained the area        following a number of similar armed
Mrs Kelly, apologised to the Court.        after receiving a tip-off about the         robberies on the North Coast and in the
Magistrate Thomas Hodgson ordered a        robbery. One of the offenders was           New England. Those robberies included
Police Brief be prepared by May 14 and     arrested, another escaped on foot, while    the brutal Tamworth City Bowling Club
adjourned the matters until May 21. The    the other three retreated into the club     robbery where General Manager and
men appeared in custody and did not        before surrendering to police shortly       North West State Zone President Phil
apply for bail.                            afterwards.                                 Wheaton was assaulted with a hammer.
16 The Training Room

When creativity is set free, business benefits in
In what ways do your managers need to be stronger and          communication with clients and public speaking.
more effective? Most CEOs have a “wish list”, but few dare     Is this all a fantasy? Not really.
to speak openly about it. In fact, most of what’s desired is
trainable, but it needs more than a quick “spray” to create    It was part of the vision of Rob Morrison, CEO of the
a stronger and smarter management team. What actually          Frankston RSL Club in Melbourne. The club is busy and
makes an ideal manager ...                                     growing fast, and it attracts great staff. But, for the team
                                                               to keep up with plans for the future, everyone’s skills
➢ He/She can improve teamwork and co-operation                 needed to be improved. An in-house three-day program of
   between staff in the kitchen, bistro, bar, functions and    mini-workshops, custom-designed and facilitated by
   gaming. Is a very good communicators.                       Profitable Hospitality Managing Director Ken Burgin to
➢ Has good number skills and can understand and track          meet the brief and supported by specialist presenters was
   financial reports, budgets and trends. Is comfortable       the ideal solution.
   with spreadsheets and monthly figures.                      Rob was keen that this training would not just be a “nice
➢ Has great organisational skills, can identify the            day out” and forgotten when everyone returned to their
   weaknesses that lead to inefficiency or poor                regular routine. Most participants had already done
   communication - and fix them.                               Certificate 3 or Certificate 4 hospitality training, so they
➢ Has good planning skills and can research ideas, prepare     weren’t strangers to education. “The success of our
   budgets and write proposals. Is already working on ideas    business growth depends on the level of knowledge,
   for 2010.                                                   productivity, and personal motivation our team brings to
➢ Is fast, a little impatient and can drive improvements in    its daily work and staff management,” Rob said. “It’s
   work speed. Looks for ways to achieve more with fewer       important that each individual feels valued and supported
   staff, how to use equipment more effectively and            - once you stop extending your employees and increasing
   welcomes the opportunities when it’s busy.                  their skills, you quickly go backwards. Also, I knew that to
➢ Customer satisfaction makes him/her happy. Seeks out         continue our monthly trend of 16% growth would take
   feedback by word-of-mouth, online and written               some serious commitment to the personal and career
   comments and watches the number of return visits. Sees      development of our senior managers.”
   complaints as an opportunity.                               Areas focused on included ...
➢ Works to improve own skills and skills of others. Knows      ➢ Leadership skills – putting theory into practice
   this allows movement to higher tasks and focus on           ➢ Service leadership for food and beverage managers
   business building.                                          ➢ Kitchen management skills – understanding costs and
➢ Is flexible – able to chat with members, sell a function,       percentages
   deal with difficult staff, motivate a tired team, wrangle   ➢ Function supervision and sales
   a good deal from suppliers and convince the boss to         ➢ Bistro and Bar supervision and sales
   invest in new equipment.
                                                               ➢ Personal effectiveness and wellbeing – managing stress
Training for senior staff will be most effective when it          and improving work/life balance
combines intensive, short workshops, specific projects
related to the club’s needs (e.g. catering improvement,        Following the intensive three-day workshop, each
better function service, developing standardised systems       department committed to a specific project to be
etc.) plus coaching and support during the length of the       achieved over the following four weeks ...
project.                                                       ➢ Increased sales in the traditional member’s bar
Here’s how it can work in practice. It’s a process and         ➢ Improved dessert sales in the bistro
there’s something satisfying to know that it won’t ever        ➢ A welcome program for new gaming patrons
end. As one set of skills and management “muscles” are         ➢ More food sales in the bar
improved, another set is “discovered” that will need           ➢ Better product knowledge for bar staff
strengthening. For example, if you want staff to run a         ➢ More “restaurant-quality” service in the bistro
large function department, first make sure the supervisor
can carry three plates, handle safety issues and train new     ➢ Creating a function operations handbook
staff quickly. Then, you can move onto their sales skills,     ➢ Improving bistro booking efficiency
                                                               In the kitchen, there was an intensive review of recipe
                                                               costs, upgraded food safety training and the introduction
                                                               of more cost-effective bistro and function menus. On a
                                                               personal level, even the basics such as adequate sleep,
                                                               exercise, good diet and inter-personal communication skills
                                                               were self monitored.
                                                               Progress updates and photos of “work in progress” were
                                                               posted to a special online forum – everyone could see the
                                                               action underway. Participants also received regular emails
                                                               and a twice-weekly SMS message with a key point from the
                                                               initial workshops e.g. a reminder of the “Cycle of Service”
                                                               system they developed, or a staff training tip. Two of the
Frankston RSL Club bar supervisors Donna and Michelle
                                                               team took responsibility for updating the web forum and
came up with a “female-friendly” range of drinks.
                                                               reporting on progress.
The Training Room 17

unexpected ways                                                                    communication skills improving. Since
                                                                                   the training, we are seeing departments
                                                                                   interact with each other far more. Bars
 After four weeks, there was a real buzz                                           are running wine promotions – previously
 in the air as staff assembled to report on                                        unheard of. The food in the bar has been
 progress. A short quiz had everyone                                               changed. There is increased interaction
 focused on what they had done and the                                             generally between all team members ...
 issues covered. Not only had planned                                              the ‘feel’ on the floor is one of service
 targets been achieved and exceeded -                                              and professionalism.”
 new ideas were still bubbling up, even on                                         For Rob, the recent development of the
 the day. The Members Bar now is selling a                                         90-day business plan, traditionally
 much wider range of beverages and                                                 viewed as an onerous task, was
 wines, no longer just a haven for beer                                            completed in 30 minutes by a highly
 drinkers. When Donna and Michelle, the                                            motivated and enthusiastic team. This
 two bar and gaming supervisors were                                               spoke volumes about the success of the
 asked about areas of continued sales                                              investment.
 weakness, they immediately came up
 with a plan for “female-friendly” frozen                                          Next September, attendance at the
 margaritas, having seen it work well                                              second CMAA Club F&B Management
                                              Frankston RSL Club chef Thierry
 elsewhere. It was their idea, fully owned                                         Summit   – again developed in
                                              enjoying the opportunity for change
                                                                                   collaboration with Ken Burgin, of
 and backed up by a CEO who would make and innovation in the kitchen.
                                                                                   Profitable Hospitality - is the chance for
 sure they had the resources to put it into
                                                                                   all clubs to extend the skills, knowledge
 practice and expect real results. When creativity is set
                                                                 and motivation of its management team.
 free, the business benefits in many unexpected ways.
                                                                 There will be 20 presentations, including 10 “Master
 Of the many benefits observed from the program, one of
                                                                 Classes”, with experts from across the Club F&B industry,
 the most important has been the personal development of
                                                                 such as Rob Morrison, sharing their knowledge and
 each team member. “When managers and supervisors have
                                                                 experience.
 been promoted from within, one of the most challenging
 aspects is managing relationships with their friends and        Keep the dates - September 8 and 9 – free.
 other workmates,” Rob added. “It’s hard to be assertive         If the example of Frankston is a benchmark, then all clubs
 and confident in supervising their colleagues. Great            can reap the rewards of sound investment with healthy
 headway is being made with open and clear                       growth in challenging times.
18 Industry Issues

Many aspects of Club Industry a ‘legal
Clubs, like most businesses in this hectic economic environment, are               the wrongful or criminal conduct of
a legal minefield. Whether it’s industrial relations, human resources              its patrons.
or accident liability, clubs – and club managers – face an avalanche               The basis of the liability lies in the
of legislation and duty of care in a myriad of environments. In this               control the club exercised over its
article, Partner MICHAEL GUIHOT from Easter Commercial Lawyers -                   patrons and the club’s knowledge, or
a CMDA Career Development Centre sponsor – profiles a case study                   ability to know about, patrons’
of an assault incident in a club, the legal argument, finding, appeal              intoxicated condition.
and subsequent outcome of what appeared, initially, to be a                        The club was subject to a duty to
relatively common and innocuous event. The case examines the                       exercise reasonable care arising out
liability of a club and security guard company for a violent attack on             of the intoxicated or dangerous
a licensed club patron by another patron ...                                       condition of its patrons, which duty
                                                                                   extended to the protection of a
The Incident                             Duty Of Care and                          patron while the patron is on or
At around 11.30pm on a weekend           Breach Of Duty                            departing from the premises.
earlier this decade, a club patron was   The NSW Supreme Court, comprising         No Breach of Duty
the victim of an unprovoked assault      a single Judge, found the club and        The Court of Appeal reviewed the
by another patron inside the club. As    the security company owed a duty of       facts of the case and examined what
a consequence of the initial incident,   care to a club patron who had been        security company staff actually did,
security guards – working for the        the victim of an unprovoked attack        which was to remain with the
security company that the club           inside the club. The Judge found the      aggressor for 10 minutes, talking to
employed – evicted both men from         club and the security company were
                                                                                   him and satisfying themselves that he
the club. The aggressor was evicted      in breach of their respective duties
through the club’s eastern entrance,                                               had calmed down and that he
                                         and should have:
while the victim was evicted through                                               intended to go home with his
                                         ➢ at least attempted to identify the      girlfriend, before allowing the victim
the western entrance a short time           aggressor in the initial incident to
later. The aggressor left the eastern                                              to leave the club.
                                            determine whether the victim
car park before re-entering the club’s      required further protection;           Unlike in the initial judgment, the
western car park. As the victim          ➢ monitored the entrances to the          Court of Appeal held that the initial
walked through the western car park,        western car park to restrain the       incident, although involving an
the aggressor ran up and “king hit”         aggressor from re-entry;               unprovoked assault, did not require
him. The victim was in a coma for                                                  the club or the security company to
                                         ➢ staggered the interval between the
around two months and suffered                                                     take greater measures than they did
                                            victim’s departure and the
                     significant brain                                             to reasonably protect the victim from
                                            aggressor’s departure by a longer
                       damage as a                                                 further injury at the hands of the
                                            period;
                        result of the                                              aggressor.
                         assault. The    ➢ provided a security guard to escort
                         victim sued        the victim to his car.                 Delegation of Duty
                         the club and    The Appeal                                The club argued that it had delegated
                         the security                                              the discharge of its duty with respect
                                         On January 30, 2009, the NSW
                         company in      Supreme Court - Court of Appeal           to the safety of patrons to the
                         the NSW         (comprising three judges) set aside       security company.
                          Supreme        the original Judge’s judgment and         The contract between the club and
                             Court.      orders and, instead, ordered              the security company was not put in
                                         judgment for the club and the             evidence.
                                         security company against the victim.      Instead, the club provided the Court
                                          Duty of Care – No Breach                 with its invoices from the security
                                          Like the original Judge, the Court       company, totalling $35,000, for the
                                          of Appeal re-stated the law              week of the incident.
                                          recognises that the occupiers of         The “common sense” inference to be
                                           licensed premises, such as              drawn, it argued, given the total
                                            registered clubs, may be liable for    amount paid for security, was that

                                             “Clubs may be subject to a duty to exercise
                                             reasonable care arising out of the intoxicated or
                                             dangerous condition of patrons, which duty
Eastern Commercial                            extends to the protection of a patron while on or
Lawyers Partner
MICHAEL GUIHOT                                departing from the premises of a club …
Industry Issues 19

minefield’
 the club had delegated responsibility
 for all aspects of providing security to
 the security company.
                                              matters such as the eviction of          about, the intoxicated condition of
 In the ordinary course of events, it
                                              intoxicated or quarrelsome patrons       patrons. In those circumstances,
 was the club’s Duty Manager who had
                                              or, more generally, the design and       clubs may be liable for the wrongful
 the final say on whether a patron was
                                              implementation of a security             or criminal conduct of their patrons.
 asked to leave the Club.
                                              system;
 The club’s Security Statement of                                                      Clubs may be subject to a duty to
                                            ➢ the circumstance that security           exercise reasonable care arising out
 Policy stated that: “Security                staff were permitted to use their
 operatives should refer all incidents                                                 of the intoxicated or dangerous
                                              discretion in urgent situations          condition of patrons, which duty
 to Management where the decision             without recourse to the club’s Duty
 will be made after personal                                                           extends to the protection of a patron
                                              Managers did not demonstrate that        while on or departing from the
 assessment as to whether the                 the club had delegated
 incident is serious enough to require                                                 premises of a club.
                                              responsibility for the security of its
 persons to leave the club.                   patrons to the security company.         In light of the Court’s decision, it may
 Notwithstanding, if a security                                                        be pertinent to review your club’s
 operative witnesses a serious offence      What You Can Do                            ➢ security agreements and security
 being committed that would justify         While the ultimate outcome of this            procedures
 an immediate arrest to prevent the         case was in favour of the club and
 continuation of the offence or an                                                     ➢ workplace security
                                            the security company, it was decided
 injury to a person there is discretion     only after a careful review of the         ➢ workplace relations and incident
 to immediately intervene.”                 facts of the particular incident.             policies and procedures
 The Court found that:                                                                 ➢ staff training procedures
                                            The Court of Appeal restated the
 ➢ the invoices were not evidence           obligations of all clubs towards their     to ensure that your club would be
    from which any inference could be       patrons: Clubs control their patrons       protected if a similar incident
    drawn about responsibility for          and know, or have the ability to know      occurred.
20 Industry Issues

Fair Work Bill brings new
unfair dismissal regulations
A new dismissal system will be           headcount (rather than using a full-
introduced as part of the new            time equivalent calculation). These
workplace relations system Workplace     arrangements recognise the special
Relations Minister JULIA GILLARD         circumstances of small business
brought to the Federal Parliament in     owners. They do not have human
February. New dismissal laws will        resource management departments,
come into effect from July 1, 2009.      they cannot afford to lose time and
➢ Under Work Choices, employees in       they cannot readily redeploy
   businesses with up to 100 workers     employees into other positions or
   could be dismissed for any reason     workplaces.
   without any right to challenge the    Compared with larger businesses, small
   dismissal as being harsh, unjust or   business owners will benefit from:
   unfair. For other employees, the
                                         1. A doubling of the minimum
   employer had only to demonstrate
                                         employment period from six to 12            Workplace Relations Minister
   the dismissal was for ‘operational
   reasons’ and there would be no        months, during which time employees         JULIA GILLARD
   right of challenge or redress.        cannot take a claim for unfair
                                         dismissal, and
➢ As set out in Forward with Fairness
                                         2. A simple six-paragraph Fair               It is desirable, but not necessary,
   before the last election, the Rudd
                                         Dismissal Code which, if followed by         for a warning to be in writing.
   Labor Government will establish
   new laws regarding unfair dismissal   the small business owner, will ensure     The Code sets out a process for
   that are fair to small business       a dismissal is not unfair.                dismissal that recognises that
   owners and their employees.                                                     employees need a fair go. It contains
                                         A Fair Dismissal Code
                                                                                   basic principles that any reasonable
The objective is to ensure good          For Small Businesses                      person would regard as fair. If an
employees are protected from being       The Code sets out the circumstances       employee is not performing
dismissed unfairly, while enabling       in which a summary dismissal (a           satisfactorily it is only right that they
employers to manage under-               dismissal without notice or warning)      should be warned and have the
performing employees with fairness       is warranted, including cases of theft,   opportunity to improve their
and with confidence.                     fraud and violence.                       performance. At the same time,
Special Arrangements                     ➢ For under-performing employees,         employers should have the right to
For Small Businesses                        the Code simply requires the           immediately dismiss an employee
                                            employer to give the employee a        whose conduct is seriously affecting
Within the overall unfair dismissal                                                the business, for example, stealing
system, special arrangements will           valid reason, based on the
                                            employee’s conduct or capacity to      from the employer.
apply for small businesses with fewer
than 15 full-time equivalent employees      do the job, why the employee is at     What Is ‘Unfair Dismissal’?
until 1 January 2011. From 1 January        risk of being dismissed and a          Unfair dismissal is a dismissal that is
2011, the special arrangements will         reasonable chance to rectify the       harsh, unjust or unreasonable. If an
apply to small businesses with fewer        problem.                               employee is made redundant, and the
than 15 employees based on a simple      ➢ Multiple warnings are not required.     redundancy is genuine, the dismissal
Industry Issues 21
will not be unfair. Exclusions from          made, a simple, streamlined               the principles of natural justice,
making an unfair dismissal claim ...         process will apply for both small         including by ensuring that both
➢ Employees who have not met the             and larger businesses.                    parties get to have their say and
   minimum employment period (12           ➢ Unfair dismissal claims must              are able to respond to allegations
   months employment in a small              normally be lodged with Fair Work         put against them.
   business and six months                   Australia within 14 days. Fair Work     ➢ Full public hearings will only occur
   employment in a larger one) are           Australia will take a flexible            where, after considering the views
   not eligible to make a claim for          approach in gathering information.        of the parties, Fair Work Australia
   unfair dismissal.                         It will be able to make initial           decides this would be the most
➢ Casual employees employed on an            inquiries and discuss the issues with     effective and efficient way to
   irregular basis are also not eligible     employers and employees, including        resolve the matter.
   to make a claim for unfair                in informal conferences at mutually     A Remedy Of Reinstatement
   dismissal. Only those casual              agreed locations, with a view to
   employees who have been engaged           achieving a mediated resolution.
                                                                                     Or Capped Compensation
   on a regular and systematic basis       ➢ Where there are contested facts,        Reinstatement will be the remedy
   and who have a reasonable                 Fair Work Australia will be able to     unless it is not in the interests of either
   expectation that their employment                                                 of the parties. Where reinstatement is
                                             decide the outcome in either a
   would continue, can make an                                                       not feasible, compensation may be
                                             conference or by holding a formal
   unfair dismissal claim.                                                           ordered but a cap on compensation will
                                             hearing.
                                                                                     apply. The maximum compensation will
➢ Other exclusions from unfair             ➢ The new system will be non-             be six months pay, but normally
   dismissal remedies include                legalistic, the aim being to keep       compensation will be well beneath the
   seasonal employment and                   lawyers and contingency fee             cap. Employers will
   specified-task employment at the          agents out of the process as far as     no longer need to
   end of which an employee’s work           possible. Under the new system,         pay “go away”
   is no longer required. The ending         legal representation will be            money, since the
   of employment that was for a fixed        permitted, but only with Fair Work      process will be quick,
   period or task is not considered to       Australia’s permission.                 simple and informal.
   be a dismissal.
                                           ➢ Decisions will be able to be made       ➢ Total Workplace Solutions
Simple, Non-Legalistic Processes             in a conference setting. Fair Work         Newsletter - April 2009
➢ Where a claim of unfair dismissal is       Australia will act consistently with       www.totalworkplacesolutions.com.au
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