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Training Material

By Benjamin Watson,2014-07-10 12:52
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Training Material ...

Contents

    Training Material……………………………………………………………………. 3 Terms and Condition of Use for Training Manuals ………………………………… 4 Workshop Structure…………………………………………………………………..5 Introduction ………………………………………………………………………….6 Participants Introduce Themselves ………………………………………………… 7 Legal Issues and Small Business …………………………………………………... 8 Guide to the website ……………………………………………………………….. 10 Getting around the website ………………………………………………………… 11 Review of morning ………………………………………………………………… 12 Fair Trading ……………………………………………………………………….. 13 Review of morning ………………………………………………………………… 17 Introduction to Afternoon Session ………………………………………………….18 Information Gathering …………………………………………………………….. 19 Resolving Small Business Disputes ………………………………………………. 22 Information Swap Session ………………………………………………………… 23 Review and Summary ………………………………………………………………24

    Commonwealth of Australia 2009 ? p2

Training Material

Purpose

    The Training Program will provide small business trainers with a briefing on the Legal Issues Guide for Small Business website.

    Small business facilitators can use this Guide to assist their clients by providing them with instructions on how to find and access the information that is available via this website.

Issued By

    This training program has been issued by the Department of Innovation, Industry, Science and Research.

Prepared By

    This Training Program and the Legal Issues Guide for Small Business have been developed by Barker Australia Pty Ltd, practice development consultants to the legal and accounting professions. Information on Barker Australia Pty Ltd can be found on: www.barkeraustralia.com.

    Commonwealth of Australia 2009 ? p3

Terms and Conditions of Use for Training Manuals

Terms and Conditions of Use

    When using the Legal Issues Guide for Small Business Trainers' Manual (Manuals)

    you agree to these terms and conditions (Terms and Conditions of Use).

General Disclaimer

    These Manuals and their content are not to be taken as legal advice. They represent a brief summary of various legal issues and the law applicable in Australia as at September 2008 and should not be relied upon as definitive or complete statements of the relevant laws.

    You should carefully consider the content and issues raised in these Manuals in light of your personal circumstances and seek professional advice from your lawyer, accountant or other professional adviser before proceedings.

    The Department of Innovation, Industry, Science and Research (IISR) is not liable to you or anyone else for any loss suffered in connection with the use of these Manuals. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Copyright

    This work is copyright. Apart from any use as permitted under the Copyright Act

    1968, no part may be reproduced by any process without prior written permission

    from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General's Department, Robert Garran Offices, National Circuit, Canberra ACT 2600 or posted at http://www.ag.gov.au/cca.

No Liability

    IISR assumes no liability for the use of any information included in these Manuals. In no event will IISR or its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of income or profit, loss of or damages to property, claims of third parties or other losses of any kind or character, even if IISR has been advised of the possibility of such damages or losses, arising out of or in connection with the use of these Manuals.

    Commonwealth of Australia 2009 ? p4

    Workshop Structure

    Segments Duration Morning

    1. Introduction to the Workshop 15 minutes

    2. Participants to Introduce themselves 15 minutes

    3. Legal Issue and Small Business 10 minutes

    4. Guide to the website 10 minutes

    5. Getting around the website 50 minutes

    6. Review of Morning 2 minutes

    Morning Tea 15 minutes

    7. Fair Trading 60 minutes

    8. Reviewing of Morning 5 minutes

    Afternoon Lunch 60 minutes

    9. Introduction to Afternoon Session 5 minutes

    10. Information Gathering 50 minutes

    11. Resolving Business Disputes 60 minutes

    Afternoon Tea 15 minutes

    12. Information Swap Session 50 minutes

    13. Review and Summary 20 minutes

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1. Introduction

2. Participants Introduce Themselves

    Outline of the Project

    Today we will examine the Legal Issues Guide for Small Business website.

    This Guide was designed for the some 1 million small businesses across

    Australia. This briefing and one-day workshop is intended to assist small

    business facilitators to explain this new information tool to their clients.

    This workshop provides:

    ? A detailed briefing on the new Legal Issues Guide for Small

    Business website.

    ? The opportunity to discuss the legal issues most commonly faced

    by your clients with other small business facilitators.

    ? A guide to prepare small business managers to meet legal advisors

    and for small business facilitators to gain feedback.

    ? A forum to allow you to swap and examine other information tools.

     Outcome

    The outcome of this workshop is that you will have the knowledge, skills and

    understanding necessary to access the website guide to search for information

    and to provide this information to your clients.

     What is the Guide?

    The Guide was created to assist the some 1 million small businesses across

    Australia.

    It is intended to assist Australians in business to gain an understanding of

    specific legal issues by providing them with:

    ? A snapshot or brief overview of legal issues.

    ? Links to relevant agencies for more information.

    ? Access to and how to prepare to meet with legal advisors.

    The Guide is an information tool that you and your clients can use to obtain

    information and direction.

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Introduce your neighbour

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Information

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Education

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Adviser

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    Commonwealth of Australia 2009 ? p7

Legal Issues and Small Business

Small Business Dispute Resolution

    A study undertaken for the Commonwealth Attorney-General's Department found that out of 1,200 Australian small businesses surveyed, just over half had a serious dispute in a two year period.

The main business sectors involved in disputes were:

    ? Transport storage

    ? Manufacturing

    ? Business services

    ? Wholesale retail

    ? Building and construction

    About two thirds of the small businesses reported having had no more than two disputes in a two year period. However the average number of disputes for all of the small businesses was 4.3. Surprisingly, less than one in four small business disputes involved the courts, tribunals or any form of alternative dispute resolution.

    The industries that experience the most disputes were those involved in transport and storage and wholesale/retail.

    Of those that do have disputes, some two thirds are with customers and clients. A further 26% were with people or organisations that the business usually had an ongoing relationship with. They included suppliers, retailers and wholesalers, contractors, employees and business partners.

The top five reasons for serious disputes were:

    ? Failure to pay an account 42%

    ? Clients not satisfied 12%

    ? Faulty products 7%

    ? Changes to service products 6%

    ? Bad workmanship 5%

The reasons for these disputes included:

    ? Written quote plus invoice

    ? Verbal agreement

    ? Standard contract

    ? Cash transaction

    For than half of small businesses who have ever had a dispute, the impact of their last serious dispute was considered to be no more than a dent in that month's profits. Some third said that the financial impact was negligible.

Effectiveness of Advice and the Methods Used

    Perception of the effectiveness of different sources of advice was relatively uniform, with none in particular receiving strong endorsement by a typical small business. Friends and business consultants were especially lowly rated. Professional advisers

    Commonwealth of Australia 2009 ? p8

    including solicitors, industry associations and accountants received a strong endorsement. Significant growth firms tend to rate their accountants highly while franchisees rate their solicitors highly.

    Court advisory services also rank highly by frequent disputants. Significant growth aspirants are less likely to seek information from legal advisers and more likely to seek out an accountant in an industry association.

Effectiveness of Resolution Outcomes

    The most effective resolution method is seen to be direct discussion prior to receiving external advice. The study showed that this is slightly ahead of direct discussion following external advice. The involvement of courts and tribunals and court-sanctioned mediation are seen to be reasonably effective. At the other extreme, letters from accountants are seen to be ineffective.

Use of External Services

    Lawyers are the most commonly used external service for small businesses that have had a dispute.

    A significant proportion, being 44% of businesses who used external services, believed that they did not need such advice.

Action Taken

    The courses of action taken by small businesses to resolve their last serious dispute were:

    ? Sent a letter to the other party directly

    ? Held face to face discussions with other party

    ? Arranged for a solicitor's letter to be sent.

    ? Went to a court or tribunal

    The course of action considered by a third of small business as being most likely to resolve a dispute or that would contribute most toward its resolution was to be courts or tribunals.

    Information obtained from the Survey of Small Business Attitudes and Experience in Disputes and Their Resolutions Report by Marsden Jacob Associates, Transformation Management Services, Brian Sweeney & Associates.

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    Commonwealth of Australia 2009 ? p9

4. Guide to the Website

Commonwealth of Australia 2009 ? p10

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