Human Resource Management Software

Human Resource Management System makes managing your day-to-day employee relationships easy.

The recently updated and revised Human Resources in the Workplace Documents Software® safeguards your business by providing you with an up-to-date database of HR Letter templates for:-

• processing employees,
• disciplinary action,
• dismissal,
• office personnel and management,
• employee letters,performance evaluation,
• termination,
• retirement
• and employment resolutions.

This means that you can easily and efficiently maintain every employees records without having to spend hours creating each document, form or employee letter.

For a detailed explanation and to get this software please visit http://www.rpemery.com.au/workplace.html

How to use and draft a Shareholders Agreement or Partnership Contract

Information on using Shareholders and Partnership Agreements

When two or more people share an idea, the common focus is firstly on the set up followed by the sales and marketing of the service or product.

Often business owners forget an important stage in ensuring a successful business future – a shareholders or partnership agreement.

Here are answers to some of the more common questions about shareholders agreements.

How To Transfer Your Intellectual Property Rights

Intellectual Property Rights or Deed of Assignment

Use this Deed of Assignment whenever you wish to transfer the ownership of intellectual property from one party to another.

Unlike an Intellectual Property License Agreement, which provides the licensee a right to use, but not to own, certain intellectual property rights.
A Deed of Assignment involves a complete and exclusive sale of the rights, thus giving the assignee complete ownership to exploit the intellectual property rights in whatever way, shape, or form it likes, subject to any limitations listed in the agreement.

For a detailed explanation and to download the agreement please visit RP Emery and Associates

Victoria Retail Leases and the Law

Victoria Retail Lease Agreements and the Law

Many Australian state governments have widened their idea of consumer protection to include small businesses who were working on a far from level playing field, where the owners of large  retail centres had all the advantages and power.

Recent updates offer new protection to tenants, the Government regarding them as the less powerful party in most retail leasing transactions.  As a result, the amendments require greater responsibility and pro-active behaviour from the landlord. (read more)

How to get a Victoria Retail Lease Agreement at a fraction of the usual costs...

To obtain a Retail Lease kit which  is suitable for the occupation of most strip type shops in Victoria simply Click Here

sole trader agreements - contractor contract - independent contractors agreement

Sole Trader Contracts, Service Agreements and Contractors Agreement

Sometimes necessity dictates you may need the services of a contractor or a consultant for a one off project or venture. It may be that your permanent staff either do not have the time or the necessary knowledge needed to complete the task.

When this is the case then using the services of a specialist independent consultant or contractor may be the solution.

When using a contractor its important to have a clear understanding of the services to be provided.

An Independent Sole Trader Contractor Agreement is vital in this situation. You will need one that has been professionally drafted to spell out the exact nature of the arrangement, defining the rights and obligations of the parties. It needs to include strict restraint, confidentiality and intellectual property provisions to bind the contractor while still providing the foundation for a healthy ongoing relationship.

Here is an easy solution.

In just a few minutes you can have everything you need to protect your interests and present a professional image.

simply Click Here

General Employment Contract

From 1 January 2010 there have been several important changes to Australia’s workplace laws that affected all employers and employees in the national workplace relations system. The changes included the introduction of new National Employment Standards (NES), and the commencement of 'modern awards'.

All employment contracts must now cover the National Employment Standards and the only time you can change the nature of an agreement is when you can demonstrate that the employee is actually better off as a result.

For an up to date General Employment Contract that adheres to the new laws then please click here.

If you are looking for an agreement that modifies the application of a modern award or enterprise agreement see the necessary flexible type agreement by clicking here.

HOW TO DRAFT PARTNERSHIP AGREEMENTS CONTRACTS AND FORMS

How to form a partnership, and draft partnership agreements.

When you are looking to start a business or venture with friends or family you should consider forming a legal business partnership.vEven when you are dealing with family or friends it is not a step to be taken lightly. A partnership is a legal business entity and when you want to form this business entity you will need to create a Partnership Agreement. This agreement will define the nature of the arrangement and leave no one unsure of the business relationship.This is the information you need to know before you begin:

• HOW DO I FORM A PARTNERSHIP?
  
  READ MORE

Individual Flexible Employment Contracts

Individual Flexibility Employment Contract 

(Flexible Employment Agreement)

Since 2010 there have several important changes in Australia’s workplace laws that affect all employers and employees in the national workplace relations system. The changes include the introduction of new National Employment Standards (NES), and the beginning of 'modern awards'.

All employment contracts, whether they are based on an award or not, must now cover National Employment Standards. However you can modify an agreement provided you can show the employee is better off as a result. For an employment contract that has this flexibility and to read more please click here

Superannuation agreements during separation - family law

Superannuation Agreements and Family Law

Superannuation is becoming increasingly more important as a part of family wealth in Australia and that importance is likely to increase due to the Federal Government's policy of pushing self-supporting retirees through the use of compulsory superannuation.

This article gives information on the treatment of superannuation under the Family Law Act 1975. This information is for any member of a superannuation scheme who is in the process of: divorcing or separating from a marriage; separating from a de facto relationship; or intends to enter into a superannuation agreement with a person.

For More Information Please Read More Here

How To Start A Business With Multiple Owners

Starting a Business with Multiple Owners as Partners or Shareholders

Starting a business with more than one owner is fairly common. If you are not careful, however, it could lead to some problems down the line. 

A business is really just an idea when you get down to the fundamentals of it. While almost everyone wants to make money, businesses are usually started because somebody has an idea. More accurately, it is often because two or more people come up with something they think people will be interested in.

While the collaboration and effort is great for thinking out an idea, potential problems and so on, it could ultimately lead to disaster. Ironically, this is particularly true if the business is a successful one. The problem? Power Sharing... 

read more at  RP Emery and Associates

WA Western Australia Retail Leasing Guidelines and Agreements

Western Australia Retail Leases

If you are just starting a business you may also want to refer to THIS article, on starting a business with multiple owners.

Recent changes to the Commercial Tenancy (Retail Shops) Agreement Act 1985 in Western Australia are clearly offering more protection to tenants. The Government now regard them as the less powerful party in most retail leasing transactions. Due to this the amendments require greater responsibility and pro-active behaviour from the Landlords. 

The Commercial Tenancy (Retail Shops) Agreement Act 1985 controls retail and other commercial tenancies. The principal focus is on the need for transparent of information and fairness in the contract by:

Read More

How To Transfer or Assign a Retail Lease To Someone Else

ASSIGNMENT OF RETAIL LEASE AGREEMENT

How to assign or transfer a retail lease.

If you are the tenant under a retail lease and come to the point where you no longer wish to use the property, what are your options? Unfortunately you are still obligated to honour your commitment under the terms of the lease, meaning you must continue to pay the rent and maintain the property while your name remains as the lessee.

One way of removing your name from that lease is to transfer the lease to another person or ‘party’. This is called an ‘assignment of retail lease’ and can be done using a simple written contract, known as an ‘assignment of retail lease agreement’. A transfer of retail lease, or, retail lease assignment is a simple contract entered between you (the lessee and assignor) and another party (the assignee), whereby they accept responsibility for all of your lease obligations beyond the date specified in the lease terms. To put it simply, it’s a way to get someone else to take your place in the lease, with the new party assuming all the responsibilities under the original lease. It is the only way to change the name of the original lessee on the rental agreement.

Subletting the rented premises may be an option. Assigning a retail lease is similar to subletting the premises with one major difference. When you sublet all or part of the premises to another person you are still obliged to honour your obligations to the property owner under the lease contract. Under an Assignment of lease agreement, the new tenant agrees to assume all those rights and obligations on your behalf and indemnifies you against any further obligation to the Landlord.

There are no rules stating when you can assign a retail lease so you can feasibly use a retail lease assignment agreement whenever you are leasing retail property. Although you will have to first get permission from the landlord (lessor) before entering into this agreement.

When Requesting the landlord’s ‘consent to assignment’ there are certain rules may vary slightly from state to state but the basics are:

• A request for the landlord’s/lessor’s consent to an assignment of the lease must be made in writing

• The lessee must provide the lessor with such information as the lessor may reasonably require concerning the financial standing and business experience of the proposed assignee.

• Before requesting the consent of the lessor to a proposed assignment of the lease, the lessee must supply the proposed assignee with a copy of any disclosure statement given to the lessee in respect of the lease, together with details of any changes that have occurred in respect of the information contained in that disclosure statement since it was given to the lessee (including any changes made since the rental term started).

• The tenant must provide the landlord with such information as the landlord reasonably requires about the financial resources and business experience of the proposed assignee.

The landlord has the right to withhold consent under certain circumstances.

• The proposed assignee proposes to use the retail premises in a way that is not permitted under the lease;

• The landlord considers that the proposed assignee does not have sufficient financial resources or business experience to meet the obligations under the lease;

• The proposed assignor has not complied with reasonable assignment provisions of the lease;

• The assignment is in connection with a lease of retail premises that will continue to be used for the carrying on of an ongoing business and the proposed assignor has not provided the proposed assignee with business records for the previous 3 years or such shorter period as the proposed assignor has carried on business at the retail premises.

Before you start any of these proceedings you will need to know the terms of the original lease, including the length of the lease, any legal regulations regarding retail assignment and the new terms. As with any business agreement, to ensure there are no misunderstandings, you are best advised to have your assignment of retail lease agreement in writing.

The agreement should refer to the terms of the original lease, as well as state what each party will or will not be responsible for under the terms of the assignment. You’ll also want to make sure each party reads the assignment, completely understands their obligations and then signs it. Assigning retail leases to other people can be a very effective tool in the right situation.

Whether you want to relocate your business, travel the world, or simply don’t want the responsibility under the lease any longer, you can use retail lease assignments to your benefit. A well-crafted Assignment of Retail Lease Agreement

will spell out the duties and responsibilities of each party and shield you from potential liability. For More Information Click Here

Create a simple Business Operations Manual

Plain English Guide To Creating A Simple 'Operations manual'

How to create simple operations manual?

An operations manual is the key to reducing the dependence on the owner of the business for performing the repetitive tasks involved in the day to day running of the business. It shows procedures and policies so that employees know what to expect and new employees can join in and know what they are to do right from day one. 

The goal of an operations manual is to instruct new people coming in the business on how various tasks associated with the business should be executed. It should also contain the policies and procedures relating to suppliers, employees and customers. The operations manual helps bring consistency in the business because the documented steps are repeated again and again and everyone gets clear visibility into what is expected. 

An operations manual which has been in use for a few years and has gone through a few revisions greatly assists in the sale of a business because the new buyer is assured that the important tasks associated with the business are clearly documented and the learning curve will be significantly quicker with the aid of this manual.

While each operations manual would be tailored to the specific needs of a business there should be a few common elements present in every manual.

1. Brief overview of company: The manual should briefly talk about how the company evolved, about the roots of the company and its history. This gives a face and a story to the company and helps employees to connect better with the company.
2. Opening and closing procedures: The opening and closing procedures should be detailed thoroughly. For instance if there is an inventory check at the time of closing or if there is a reporting time at which all employees should report, the responsibility to open the store etc.
3. Cash handling: For most small businesses leakages are a big issue and this makes the cash handling policies very critical and important. Most businesses require all transactions to be documented and it would be at your peril to do otherwise.
4. Customer service: The customer is at the heart of any business and the more detailed the procedures about interacting with the customers, the higher customer satisfaction and repeat business will be. The depth at which you want to go depends on your style of management but it is always good to include things like return policies, after sales service and handling of irate customers.
5. Sales promotions and discounts: It always helps to have the marketing strategy of the business clearly documented. This would involve detailing all the sales promotions that will be carried out in every season and the usual guidelines for marking down goods and the methods to approach target customers.
6. Supplier management: There needs to be a section on managing suppliers and vendors. Who are the approved suppliers of the business, what are the credit terms when dealing with these suppliers? How to approach a new supplier? These are some of the issues that would be addressed in this section.
7. Legal and contractual issues: There would be some contractual things that a business would be bound by and employees need to know how to work within the bounds of these issues. Sometimes a business may be dealing with patented technology or using certain trademarks. The operations manual should aim at making the employees well versed with the do’s and don’ts around such things so that no legal or contractual issues arise.

The operations manual should be easy to follow and should be a living document, which is revised frequently so it reflects the current reality of the business and is followed by the people working in the business.

Sometimes, the terms in legal contract can be confusing and complex. What are the Parties? and Consideration according to Business Law are two very insightful articles, explaining some of the basics of business practise, and definitions.

Distribution or Distributors Agreement Contract Form

DISTRIBUTION AGREEMENTS

Distributors or sales professionals are always trying to find the next market, customer or potential lead. Whether you are a manufacturer looking for a new distributor or a sales professional eager for a new challenge, you’ll likely come across the need for Distribution Agreements.

Here are some common questions that you must know the answers to if you are to do it right.

WHO NEEDS A DISTRIBUTION AGREEMENT?

WHAT NEEDS TO BE IN A DISTRIBUTION AGREEMENT?
CAN THERE BE AREA DISTRIBUTORS AGENTS?

WHAT ABOUT TRADE SECRETS?

CAN I BECOME AN EXCLUSIVE DISTRIBUTOR?
HOW MANY DISTRIBUTORS CAN I USE?

The use of a distributor for your business or going it alone as one yourself is a regular practice that unfortunately is often left to a chat and a handshake. If you are serious about your business, you will want to make sure your Distributor Agreements are drafted correctly. A good Distribution Agreement is one that all parties can rely upon so no one is left in the dark.
To Get Your Agreement Please Click Here

How to Write a Business Sale Information Memorandum

How to Write a Sale of Business Information Memorandum

The Information Memorandum is a marketing document used by the owner to promote their business to a potential buyer. The aim of the information memorandum is to make the business sound attractive to buyers, and also to convey all significant information to parties who are already interested in making a purchase.

A good Information Memorandum will predict all the questions a potential buyer might have about your business. It should contain a description of the business’s history, its past achievements and future prospects, as well as the particulars of its operation.

For more information relating to an Information Memorandum and having a Business For Sale please go HERE. It has invaluable insights, tips and tricks to help you get the best price for your business AND save yourself thousands of dollars in the process.


Feel free to refer to Creating a Simple Business Operations Model and The Basics of Book Keeping. 

Retail Tenancy, Shop Rental, Retail Leasing NSW,ACT,QLD,TAS,VIC,SA,NT,Australia

Commercial Retail Shop Tenancy leases and laws

The retail tenancy law is very clear in most Australian states:

A landlord in a retail lease must not, in connection with the lease, engage in conduct that that is misleading or deceptive to a tenant or guarantor. A party who suffers damage by reason of misleading or deceptive conduct of another party may make a claim for compensation.

Because the laws are different in each state we’ve outlined the requirements of each state on the following pages

• New South Wales
• Victoria
• Queensland
• Western Australia

Commercial Property Leases Australia - Office Leasing and Warehouse Rental

COMMERCIAL PROPERTY LEASE

Commercial lease agreements are necessary whenever you are going to rent out a property for commercial use, or when you want to have paying tenants in your commercial space. If you are just looking for a simple lease of some office space or buying a property to lease it as commercial property, be ready before you take that step. Here are some common questions you must know the answers to:

• WHAT IS A COMMERCIAL PROPERTY LEASE?

• WHAT MAKES A COMMERCIAL LEASE DIFFERENT FROM A RESIDENTIAL LEASE?

• WHAT NEEDS TO BE STATED IN THE LEASE?

READ MORE

Heads of Agreement Checklist

Heads of Agreement

Checklist

• The Heads of Agreement should be dated and validly executed by both parties
  
  
• There should be an explicit statement that the Heads of Agreement is meant to be binding
  
  
• If an essential term is absent or uncertain, the agreement will be void for uncertainty or construed as incomplete, ie. the parties should have agreed the terms that are regarded as essential, for example:
  
  - In a simple Heads of Agreement to lease a building the following matters must have been agreed and should be accurately identified - the parties, the premises, the term of the lease, the rent or other consideration payable, review dates and rights of renewal
  
  
• In the above case there was express reference in the Heads of Agreement to matters "not agreed". The Court determined that the matters marked not agreed had such substantial financial implications for both parties that they were marked not agreed as an indication of their importance and were therefore essential terms.
  
  
• There should be a provision for agreement on outstanding issues to be reached by resort to an expert or an arbitrator or by another mechanism (in the above case, the Court determined that the matters not agreed were "of a kind which could not be expected to be settled for the parties by a Court or other third party" ie. the Court was unable to fill the remaining blank spaces.
  
  
• You should ensure that all documents that are referred to as "attached" to the Heads of Agreement are attached, and that the parties have initialled all amendments and the foot of each page.
  
  
• If there is a particular form of agreement to be entered into at a later date (for example, the Auckland District Law Society Lease), then this should be attached or clearly identified in the Heads of Agreement to avoid uncertainty.
  
  
• The Heads of Agreement should be clearly drafted in plain English and accurately reflect the intention of the parties with all the essential terms and conditions incorporated.

Write an Employee Reference Letter

How to write an Employee Reference Letter

There are a few simple guidelines for writing an effective reference letter.

Firstly if you don't feel comfortable writing the reference or don't feel you can't say anything positive about the person involved then its better to tactfully decline. It is far better for the individual to find another person who can provide a positive reference for them.

References should contain the following points -  CLICK HERE

Associate Lease Agreement, Salary Sacrifice, Salary Packaging

Associate Leases: A Guide for Employers and Employees

You have probably heard of salary packaging or salary sacrifice, a flexible remuneration scheme where employees agree to forgo part of their salary (thus the term salary sacrifice) in exchange for certain non-cash benefits. An associate lease is one of the ways through which employers can provide their employees with car benefits under a salary packaging agreement. With an associate lease in place an employee can reduce their taxable income in exchange for a motor vehicle.

What is an Associate Lease?

An Associate Lease is a lease rental arrangement whereby an Associate of the employee (eg partner, spouse) owns the motor vehicle and leases it to the employer. The motor vehicle is then provided to the employee on a fully maintained basis.
Once the lease is in place, the motor vehicle is recognised as an Employer provided motor vehicle for both the purposes of the Income Tax Assessment Act and the Fringe Benefits Assessment Act.

The Benefits of Associate Leases

The Associate leases arrangement provides two key benefits :
i) Lease payments are paid as income to the associate who would generally be in a lower tax bracket than the employee.
ii) Additionally all of the running and maintenance costs are paid for and claimed as a deductable expense by the employer.
iii) Employee forgoes income in exchange for car benefits thereby reducing tax liability 

An associate lease is thus a salary sacrifice arrangement that is very similar to a novated lease agreement. However, in an associate lease, the employee's associate is the owner and thus the lessor of the vehicle provided by the employer to the employee whereas, in a novated lease, a finance company is the lessor.

However convoluted it may seem on the surface, an associate lease is simply an arrangement in which the employee through his associate leases the employer his or her existing car so that the employer can provide him or her with car fringe benefits, which he or she pays for by sacrificing part of his or her future salary.

Under an Associate Lease Agreement, the associate is liable to pay taxes on the lease payments received. However, if the associate in the agreement happens to be someone who has no or quite low income (e.g. adult child attending university), then income tax savings can still be considerable. After all, the marginal tax rate would still be lower than the rate that the employee would have to pay had the amount been on his or her assessable income. The depreciation allowance for the first year also leads to further reduction in the associate's assessable income.

For More Please Visit the RP Emery website