ema business plus november 2012

In this issue:

Educators focus on business skills

• Overtime calculations up in the air

• Starting out wage proven to work

Issue 98 - November 2012Publ icat ion of the Employers & Manufacturers Associat ion Inc

news | advice | learning | networking

BusinessPlus

Is it mad to be a company director?

• EMA member Award winners

• RMB trades accelerate

Contents 1

Our Vision. Your Success

05 Changes to Employment Relations Act imminent

06 Land and water fast tracked

06 Labour demand cuts migration

07 Is it mad to be a company director?

08 Court overturns over time calculations

22 Comvita, EMA members win Excellence in Business Support Awards, Overland Footwear Best Place to Work

25 Eco Smart trailblazer - Case study

26 RWB cross border use accelerates

27 Innovest designed to attract investors

27 Trash 4th largest US export earner

02 EMA: advocacy at work

04 Starting-out wage proven With EMA CEO Kim Campbell

14 Educators focus on business

16 New legislation affecting business from Phil O’Reilly CEO BusinessNZ

11 Every employees right to privacy

12 Managing your manager’s performance? - Employment Chat

WelTec Trades Academy student Davine Hune was last year engaged in developing her automotive skills and knowl-edge, and an example of the way our education system is responding much more to the needs of the economy and business. The full story is on page 14

On the cover...

News

Advocacy

Advice

22

22

14

2829

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Business Plus

Editor Gilbert Peterson Ph: 09 367 0916 [email protected]

Writer Mary MacKinven [email protected]

Published by Mediaweb

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Advertising Sales Colin Gestro (09) 444 9158 [email protected]

ISSN No. 1176-4953

Technology

19 Understanding business continuity - part 3

21 Reduced ICT costs just part of the story

mailto:[email protected]

http://www.ema.co.nz




Business Plus – Exclusive news, advice, learning and networking

Advocacy2

Details of the long term development of an inland

port at Ruakura in Hamilton was one project presented by Tainui Group Holdings (TGH) chief executive Mike Pohio to the EMA Policy Forum last month. He noted the inland port is critical to the economic development of the Waikato.

Freight in and out of Hamilton over the next 30-50 years will more than double. The project fits within the Hamilton Urban Growth Strategy (HUGS) and will be TGH’s biggest project to date. The Stage 1 proposal up to 2021 includes 80 ha for the inland port with a further 17 ha for residential, of which 5 ha will be high density.

The Hamilton City Council is expected to write the development into their long term plan in late 2012.

The major issue for TGH has been regulatory challenges, essentially around process.

More than 80% of TGH assets are in property, most notably The Base retail centre at Te Rapa, the Huntington Residential Estate and the new hotel at Auckland International Airport.

Why the Pacific Fibre Cable project did not succeed, and where

to from here for NZ international connectivity? And why is business paying exorbitant rates for international data roaming and what can we do about it?

These were some of the issues TUANZ CEO Paul Brislen covered in his address to EMA’s Regional Infrastructure & Local Government Committee.

Why, when you go overseas on

business, 1GB of data costs between $500 and $10,000 depending on the provider while the same amount of data on your smart phone or tablet in NZ might cost $20 or less?

Both businesses and consumers have major problems with the pricing of international mobile roaming, particularly mobile data. Excessive charges like these are a drag on business and an impediment to increasing the productivity of our exporters.

Ut doesn’t have to be, Paul said. If our incumbent telcos are willing, a more rational and affordable international data roaming regime can be established. He put up a similar argument for international roaming charges for voice calls.

Our high profile broadband fibre rollout, and the hopes for it to improve productivity across health, education, business, and the public sector depend


EMA: advocacy at work

Mike Pohio of Tainui

Handing over

PRESIDENT Laurie MARGRAIN, Chairman, Open Country Dairy Ltd

IMMEDIATE PAST PRESIDENT Graham MOUNTFORT, Consultant, Permark Industries Ltd

EMPLOYERS FORUM BOARD MEMBERS Margaret BROWN, Director, COGITA Holdings LtdAndrew HUNT, Chief Executive, Kinetics Group LtdSimon O’BRIEN, General Manager Regulatory Affairs, ASB Bank LtdRichard PEARSON, Chairman, Ports of AucklandDerek RANKIN, Managing Director, Rankin Treasury Advisory LtdColleen STAIRMAND, Consultant, SWL PlumbingGeoff WHITCHER, Commercial Director, UoA Developments, University of Auckland MANUFACTURERS FORUM BOARD MEMBERS Charles BLACK, General Manager, Goodwood Industries LtdAndrew CORBETT, Consultant, Insite Aluminium LtdChris DAVIS, Director, Rinnai New Zealand LtdBob FENWICK, Managing Director, Planhorse Systems LtdScott FULLER, Vice President Sales & Marketing, New Zealand Steel LtdLes KENDALL, Governing Director, Temperzone LtdDavid THOMAS, General Manage, Winstone Wallboards Ltd

Newly elected EMA President Laurie Margrain, right, was congratulated by his predecessor Graham Mountfort at the association’s AGM on November 1st. The Annual Report of the association is available at www.ema.co.nz.

EMA’s AGM held on November 1st saw the following directors voted onto the EMA Board



3 Advocacy

upon a second fibre cable across to the US. But it turns out there is no shortage of capacity on the existing Southern Cross cable, a monopoly, so no competitive market pressures will come to bear.

Guest speaker at EMA’s AGM David Smol, chief executive of

the Ministry of Business, Innovation and Environment (MBIE), covered the challenges of bringing together four former government agencies and the business growth agenda that it was charged with delivering.

Government has been advisedEMA recently contributed to the

following BusinessNZ submissions.• Education and Science Committee on

the Advanced Technology Institute Bill;• Government Administration Select

Committee on Lobbying Disclosure Bill.

EMA also lodged submissions directly on the following:• Trans-Tasman Mobile Roaming

Communications and Information Technology Group, on Trans-Tasman Roaming Charges;

• Commerce Select Committee on the Commerce Amendment Bill – Review of Productivity Findings

A submission on behalf of the NZ Hot Water Association on E3 Heat Pump Hot Water MEPS

AMETI East West Project explored

A meeting at EMA between NZTA, Auckland Transport and a group of

EMA members discussed the AMETI

East West project in Auckland. The present work there is restricted and does not address East West connectivity. A major concern is that a 10 stage multi-agency three-year planning process is proposed for it by Auckland Transport before any decision is made on whether to proceed. The urgency of the congestion problem in Church Street highlights the concerns. EMA says the need for the project is already well established and there is no need for a prolonged planning process. The project should just move directly into the design phase. The response by Auckland Transport to this proposition was disappointing.

Immigration policy under the spotlight

Immigration NZ, an agency absorbed

into the Ministry of Business, Innovation and Employment set up this this year, visited EMA to discuss immigrants and skills.

Manager of policy

Christine Hyndman and operations support senior adviser, Lynne White covered the Accredited Employer Scheme, Pacific Access Category, Skilled Migrant Category, Migrant Investment Category, temporary visas and the Short- and Long-Term Skills Shortage Lists.

Some policy is under review to ensure immigrant numbers and criteria match job availability without putting Kiwis out of work or inadvertently facilitating poor working conditions.

Business is to be consulted next year if and when any policy changes are deemed necessary.

(See story on page 6).


EMA’s Mike Burgess with Immigration NZ’s Christine Hyndman and Lynne White and EMA’s Mary MacKinven.

Philippines President addresses Auckland business

Philippines President Benigno Aquino III addressed an Auckland business forum presented by EMA on his visit to New Zealand on October 23rd. Following his speech he took questions from the floor joined by Auckland Mayor Len Brown (left) and representing the Government, Maurice Williamson, Minister of Customs.

David Smol


Advocacy4

Everyone concerned about

our alarming rates of youth

unemployment should

be celebrating the recent

announcement on the starting-

out wage. Instead we heard a lot

about the sky falling in.

A starting out wage is proven to work. Or rather, when Sue Bradford abol-

ished it in 2008, our youth unemploy-ment rate ballooned. It was a disaster, as we predicted it would be at the time.

We said the abolition of youth rates would hurt the very people its supporters were trying to help. Two researchers, Eric Crampton and Gail Pacheco, independently arrived at the same conclusion. They found that job opportunities for youth would fall and youth unemployment would rise pre-cipitately for all teenagers if youth rates were abolished. Gail Pacheco’s work indicated the increase would be 20%; that turned out to be very conservative.

By June in 2011 nearly one in three of all 15 to 19 year olds not in educa-tion were unemployed, on the dole and looking for something – anything - to keep them occupied.

The naysayers have just advised the latest announcement will see a lot more of our youth heading off to Aus-tralia in search of greener job fields.

But a glance over there suggests that’s not likely, unless our would-be emi-grants want to compete for scarce jobs with Australia’s 136,000 unemployed youth. Then, if they did find a job, they could expect to be paid about the same as in New Zealand under our new youth rate.

Across the ditch the youth unemploy-ment rate is currently 16.6%, better than our 23% but no less a cause for alarm.

Of course, over there their Labour government might well have made it far harder for their young people to find work, and raised the numbers of them, by abolishing their youth rates of pay.

In Australia an unskilled 17 year old can expect to be paid 57.8% of the minimum wage or $9.20 an hour; an 18 year old might get just 68.3% of the minimum, or $10.90 per hour.

So you might well ask, what is all the fuss about? It’s not as though most 15-19 year olds have dependents to support, and many are likely to be still living in the family home or with some degree of support.

The naysayers suffer from the same sort of con-fusion over the 90 day trial employment law, and the same lack of ideas on what might be done to help, which rather disqualifies them from commenting at all. But every idea that could help get young peo-

ple into work is always welcome.In Australia, and virtually all other

jurisdictions, political parties of all casts subscribe to trial employment peri-ods for the young, the inexperienced, and those wanting to get a fresh start. They’re simply to give people a chance to prove they can add value to an en-terprise.

The latest version of our Starting-out wage does something similar but just for young people likely to require con-siderable supervision during their early months of employment.

Without the incentive of being able to pay an inexperienced young person less than someone with experience an employer will choose experience every time.

‘Susan’, a 19 year old shop assistant quoted in the Sydney Morning Herald earlier this year put it nicely. She said, “The more experience you have the easier it is to find a job, but you have to start off very small.”

Though there is no silver bullet for creating jobs for young people or for anyone at all, the Starting-out wage of-fers a vital first step up the employment ladder.

Unless there is an incentive for taking on the added issues of employing youth workers, young people will continue to be over represented in the unemploy-ment numbers and place our future at greater risk.

(First published in the NBR, 12/10/2012)

By Kim Campbell, Chief Executive, EMA

Kim Campbell

Starting-out wage proven

‘Susan’, a 19 year old shop assistant quoted in the Sydney

Morning Herald earlier this year put it nicely. She said, “The more

experience you have the easier it is to find a job, but you have to

start off very small.”

“In Australia an unskilled 17 year old can expect to be paid 57.8%

of the minimum wage or $9.20 an hour; an 18 year old might get just 68.3% of the minimum, or $10.90

per hour. “

5


News

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Take control on pay day with easy low cost software and great help desk support.

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Try i t for f ree

The changes to employment law

announced by the Government late

October confirm the package of

amendments foreshadowed in May

this year.

They include empowering the Employment Relations Authority

to declare in certain circumstances that collective bargaining has ended, and will be in a new Bill to come before Parliament this year, the Minister said.

The changes will include improvements to Part 6A. (See BusinessPlus, September – The havoc that is Part 6A) and:• A return to the original position in the

Employment Relations Act where the duty of good faith does not require the parties to conclude a collective agreement.

• Empowering the Employment Relations Authority to declare in certain circumstances that collective bargaining has ended. (These two provisions would obviate the situation that held up a resolution to the Ports of Auckland strikes earlier this year.)

• Allowing employers to opt out of multi-employer bargaining.

• Allowing for partial pay reductions in cases of partial strike action.

• Removing the 30-day rule that forces

non-union members to take union terms and conditions.

• Changes around the disclosure of personal information following Employment Court judgments involving Massey University.The objective of Part 6A is to provide

continuity of employment for employees in specific industries when a business is restructured or sold. But there are major operational issues around transferring employees’ entitlements and information to the new employer.

“Cabinet has agreed to exempt small and medium businesses – those with fewer than 20 employees – from the provisions of Part 6A where the SME is the incoming employer,” the Minister said. EMA suggests this change may not remedy the perceived issue.

Changes to Part 6A include:• A requirement for the outgoing employer

to forward employees’ information to the incoming employer, such as employment agreements, PAYE, wage and time or leave records.

• A process to help the employers agree how to apportion liabilities for accrued service-related entitlements of employees who are transferring.

• A requirement that employees must decide to transfer to a new employer within five working days (or a longer timeframe if agreed between the outgoing

and incoming employer). The Review of Part 6A: Continuity of

Employment can be found at: http://dol.govt.nz/er/amendments/

EMA responded to the changes saying they will help businesses stay viable and stay in New Zealand by going some way towards keeping them nimble in the current environment though the changes to Part 6A, while welcome, fall well short of what is required.

EMA CEO Kim Campbell said where unions and employers work constructively together for the mutual benefit of the business and its employees there will be little change.

“But unfortunately, because of the rigidity of our labour laws, there are well known examples where businesses needed to adapt but found they could not,” he said.

“The adjustments announced will retain a robust bargaining process between employers and unions but, in the end, businesses will now be able to assure their viability by being able to conclude bargaining over work place conditions even if, after the robust process, they fail to agree.

“Also we have seen examples where changes needed in a workplace have been stymied with the same people who opposed the changes then complain when jobs disappear offshore.

“Employers had been hoping for even more flexibility.

Changes to Employment Relations Act imminent

http://www.acepay.co.nz

http://dol

6


News

EMA is pleased with moves by the

Minister for the Environment, Amy

Adams, to speed up the planning

processes required for developing

Auckland’s Unitary Plan which

covers the rules to be set over the

region’s land and water resources.

The fast track process will give

investors and in fact all businesses

earlier certainty than was possible

under the existing arrangements.

EMA wrote to Minister Adams request-ing she streamline the process so that

Auckland Council’s Unitary Plan could be implemented more rapidly though still with adequate consultation. Current planning of resource use in Auckland is complex, enfeebling and it fails to provide certainty for business.

The Unitary Plan will be the region’s new planning rule book, setting out what

can be built and where; it will be “a key tool for creating the world’s most liveable city”.

The Council says the Unitary Plan will be New Zealand’s biggest single resource

management plan providing the regulations under which the aspirational Auckland Plan is to be implemented over the next 30 years. Expressly it will replace the region’s existing district and regional plans and policies of the former councils.

Minister Adams has agreed to a one-off, impartial consultation process using an independent hearings panel to speed up the

Plan’s implementation. The aim is to get the Plan into action in three years.

The panel expected to be established later this year will be chaired by a retired High Court or Environment Court judge, similar to a Board of Inquiry, and appointed by the Ministers for the Environment and Conservation.

It will have the power to direct a robust mediation process, including caucusing of witnesses and grouping of issues, and will hear public submissions and evidence through a process which allows for cross-examination and careful testing of evidence.

After considering the Plan, the panel will deliver its recommendations to the Auckland Council and where the council accepts the panel’s decision, these provisions will be immediately operative, subject only to appeals on points of law.

Full appeal rights to the Environment Court will be available.

Public consultation on the Plan will begin in March, with the aim of a final Plan going before Council next September.

Land and water use to be decided by fast new process

The total number of Skilled Migrants in New Zealand in the year to the

end of June was 11% lower than the previous year, according to the Govern-ment’s Migration Trends Key Indicators Report.

Skilled workers migrating to New Zealand are increasingly from India rather than other countries, mostly as international students moving into tem-porary work then permanent residence, according to the Report.

In the year to the end of June 2012, 17% of Skilled Migrants were from In-dia, up 27% on the previous year. A fur-ther 17% were from the UK with 13% from the Philippines, 8% from China and 7% from both South Africa and Fiji.

Just under half of all residence ap-provals were granted for 18,843 skilled migrants.

The numbers of migrants entering New Zealand under the Essential Skills category as listed by the Immigration Service have fallen since the GFC began in 2008, and were still down 1% on last year.

However, more are expected in the coming year as labour demand improves.

The main source countries for mi-grants with Essential Skills are the UK (15%), the Philippines (13%), India (10%), Fiji and China (each 7%). In total 3345 people received work visas to mi-grate under the Essential Skills category with an increase of 34% of them head-ing to Canterbury, the biggest regional increase.

In addition, temporary work visas were issued to 138,218 people, up 2% on the previous year: seasonal workers in horticulture and viticulture increased by

7% but the number of Working Holiday-makers reduced by 1%.

Temporary workers came from the UK (13%), India (12%), China (9%), Germany (7%) and the US (6%).

68,980 international students were approved to study in New Zealand, a 7% decrease on the previous year. Most were from China (25%), India (13%) and South Korea (10%). Numbers from China are increasing and from the other two countries decreasing (South Korean students were down 24% on the previ-ous year, and students from India down 11%).

The Report refers to the OECD view in its latest report on migration, which is that countries should focus on their long-term labour market needs, skills and policies to prepare for the global economic recovery.

Low labour demand cuts worker migration

“...The Unitary Plan will replace the region’s existing district and

regional plans and policies of the former eight councils.”

7


News

The Business Intelligence series

of breakfast workshops presented

by Lowndes Associates came to

a thought provoking conclusion

late October with a Great Debate: That you’d be mad to be company director.

Host Mark Lowndes set the scene with the question: Do the risks of being a

company director outweigh the benefits? And should competent directors have noth-ing to fear?

The backdrop to the debate, he noted, is the high number of criminal prosecutions of company directors recently. Several direc-tors have been found culpable though they acted innocently.

Presenting first for the motion was: Professor Peter Watts, a Professor of

Law at the University of Auckland. Peter said he is not a company director

and has never been one. He is a theoreti-cian and author, and an academic barrister in Auckland and London.

Peter delved into history to tell a ‘long sad story’ as more and more sanctions and responsibilities have been added to directors’ duties. He traversed cases from pre-Victori-an times to the present, making the case that ‘when it comes to money, you’re on your own.’ Each tale meant more legal action, and added more liabilities for the unwary director to take into account.

Then, from the 1987 crash, directors’ li-ability picked up exponentially. Now he can list 110 offences in the Companies Act that directors can be taken down for.

Rod McGeogh was having none of that. Rod has had a remarkable career at the forefront of business, sports administration and the legal profession.

He is well known as the leader of Syd-ney’s successful Olympics 2000 bid, a past Chairman of one of Australia’s largest law firms, Chairman of Sky City Entertainment Group Ltd, Vantage Private Equity Group Limited and BGP Investments/Holdings plc and others.

Rod noted there were 2,237,506 com-pany directors Australia and they couldn’t all be mad. And their companies and employ-ees paid 96% of Australia’s taxes. Only 1.7 million people in Australia are members of a union, he said.

Rod ticked off the basic duties of direc-tors which included their need to act in good faith, to act honestly, that companies had to be set up for a proper purpose, and directors of them had to serve their com-pany’s interests, and keep their company’s secrets. In essence these things are not hard, he said.

He pointed out the duties of a director are no different from what the common law position is, in that directors need to be honest and use reasonable diligence. He did note though, that in Australia, most prosecu-tions of company directors found in the directors’ favour whereas in recent times in New Zealand that has not been so.

John Hagen, former chairman of Deloitte, and a director of Feltex Carpet for 18 months til September 2006, recounted his troubling experiences with that compa-ny with his view based on the debacle and despite otherwise positive experiences with other directorships including of Datacom Group Ltd, Uniservices Ltd and Hughes & Cossar Ltd.

In relation to the introduction of IFRS, for example, he said it was unreasonable for directors to be expected to have read

every reporting standard and ridiculous to be prosecuted for relying on advice given to directors by senior company management. Yet that happened.

He also noted directors were denied ac-cess to directors’ liability insurance funds to defend themselves – which was ‘mad.’

John’s view in summary was that the state of the law was so uncertain that if you were advised if you’ve done nothing wrong you’ve got nothing to fear, you should be very afraid.

Dame Rosanne Meo, DNZM, OBE, was amongst the first professional women directors in New Zealand, and also the first woman Chair of the Employers Federation in the early 1990s. She is currently Chair-man of Briscoes Group, the Real Estate Institute and others.

She emphasised being a director is a profession, not something to indulge in. She has issues with companies that pay huge bonuses to managers who deliver mediocre results. As a director, she said, you stay in the grandstand, and don’t play in the game.

On recent high profile prosecutions, Dame Roseanne asked: Did we turn a blind eye for too long and bring it on ourselves? But if the present scrutiny results in more discipline and more professionalism then it may be worthwhile.

Dame Roseanne said for herself she loved the job, its excitement and immediacy, and the rigour that must be applied to the role.

Land and water use to be decided by fast new process The Great Debate: Is it mad to be a company director?

The debaters from left: John Hagen, Rod McGeogh, Prof Peter Watts, Dame Roseanne Meo with host and mediator Mark Lowndes

8


News

A recently released Court of

Appeal decision could impact

how employers calculate sick

leave, bereavement leave, public

holidays and alternative leave

where a part of an employee’s

employment may include

unrostered overtime.

In Postal Workers Union of Aotearoa Incorporated & Anor v New Zealand

Post Limited the Court was asked to de-termine whether overtime that is usually unrostered should be considered as pay-ments that “would otherwise have been received” for the purpose of calculating relevant daily pay. The Court also deter-mined when section 9(3) (the pre-April 2011 alternative calculation to relevant daily pay) was triggered.

Before 1 April 2011, section 9 of the Holidays Act 2003 outlined that an employer was required to determine the relevant daily pay as the amount of pay an employee would have received on the day that they took leave, including pay-ments for overtime that would otherwise have been received. If it was not possible to determine an employee’s relevant daily pay, an employer was required to use an alternative calculation which took into account an employee’s gross earnings for the preceding four weeks.

New Zealand Post’s postal delivery workers (“posties”) were required to work 37.5 hours on a rostered basis each week. However, if a postie was unable to com-plete their round within the usual rostered hours, they would be required to work reasonable unrostered overtime. Quite often the need for the postie to work overtime would not become apparent until during their delivery round.

NZ Post agreed with the conclusion of the Employment Court when it deter-mined that the onus was on an employee to prove they would have been entitled

to an overtime payment on the day concerned. As a result, and since the posties could not prove on any given day that they would have worked overtime, a claim by the Postal Workers Union of Aotearoa (“the union”) failed. The Employment Court considered that if the legislature wanted the alternative calculation to apply in every case where there was an overtime component, the law would have been drafted differently.

In the appeal the union argued that NZ Post must first consider whether it was possible to conclude that an employee would have received a payment for over-time on the day concerned. If it was not possible to form a conclusion, the alterna-tive calculation must be applied.

The Court of Appeal agreed with the

union. The Court considered that the onus fell on an employer to determine the pay that an employee would have received had they worked on that day. That onus included the obligation on an employer to “first to establish or attempt to establish the amount of unrostered overtime that would otherwise have been received”. Where that was not possible, the alternative calculation must have been used.

In applying the principle, the question that remained would be; whether or not it would be acceptable for an employer

to conclude that the level of overtime would have been zero for an employee.

Or, does the fact that an employee did unrostered over-time as a part of their employ-ment mean that the alternative calculation must be used and relevant daily pay should be disregarded.

It is important to note that the decision of the Court of Appeal was dealing with a section of the Holidays Act 2003 that was amended in April 2011.

Prior to April 2011 the legislation stat-ed employers “must” use the alternative calculation where it was not “possible” to determine relevant daily pay.

Since 1 April 2011, the legislation was amended to read that employers “may” use the alternative calculation in two situations:• Where it is not “possible” or “practical”

to determine relevant daily pay; or• Where an employee’s daily pay varies

within the pay period that the leave falls.It is uncertain whether the principle

of the case applies post-April 2011 as the Court “refrain[ed] from expressing a view” .

The change from “must” to “may” and from “possible” to “possible or practica-ble” could imply that an employer has the discretion to decide which calcula-tion will be used. It is possible that the introduction of the words “or practicable” could be used by employers who have an automated payroll system to justify using the average daily pay calculation.

That being the case, the question that remains is, subsequent to the amend-ments, does an employer have the ulti-mate discretion as to which calculation will be used, or is there an objective test of what is “possible” or “practicable” that is reviewable in a court.

The impact of this case on the use of relevant daily pay and average daily pay post-April 2011 is unclear.

Court ruling overturns overtime calculations

By Carla Pallant BA; LLB, EMA AdviceLine Employment Advisor

Carla Pallant

“...the Court was asked to determine whether overtime that is usually unrostered should be

considered as payments that ‘would otherwise have been received’ for the purpose of

calculating relevant daily pay.”


11 Advice

It would be a rare person amongst

us who has never once wanted

to pry into what someone else

was doing. You may have been

a suspicious spouse or parent

wondering which internet sites

were being accessed, which texts

were being sent to whom, or just

nosey about what your neighbours

are doing.

In New Zealand we individuals are very protective of our privacy and there are

rules about what we can and cannot do, and when a desire to snoop on someone crosses the boundary and becomes an invasion of someone else’s privacy.

For employers these days, the desire to find out what their employees are doing privately in the workplace most frequently arises from wanting to know what purposes they are using their work computer for, and what percentage of an employee’s paid work time is being spent on non-work related internet use.

Be warned. While your employees may be in your premises and using your equip-ment, there are still limits on what you can, and more importantly what you cannot do.

Most employers should by now have both an internet policy and a social media

policy in place. These policies need to clearly inform employ-ees that their work email and internet use may be monitored and describe the extent that personal use of the internet, if any, is permissible.

Ensuring employees are fully informed as to what informa-tion is being collected, and in what manner, can then give employers a

contractual right to collect that informa-tion in the manner specified.

A recent case note released from the Pri-vacy Commission related to an employer who used keystroke technology to obtain an employee’s personal email password and log in to monitor the employee’s personal email account. The employee was the sub-ject of an employment investigation.

The Commission held that though it

was acceptable for an em-ployer with a relevant internet policy to collect and monitor emails being sent to and from a work computer, the employer breached Principles 1, 3 and 4 of the Privacy Act 1993 by col-lecting the keystroke informa-tion without the knowledge of the employee, then using it

to access the employee’s personal email account.

Principle 1 states that the collection of information must be necessary for a lawful purpose related to the collecting agency. Principle 3 requires a collecting agency to make the individual concerned aware that the information is being collected, and the purpose for its collection. Principle 4 re-quires that the manner of collection must be lawful, and not unfair or unreasonably intrusive.

Should you find you feel you need to check on your employees’ internet use increasing, tread very cautiously, check thoroughly what your policies allow you to do, and ensure you stay within in the boundaries. If in any doubt, always seek legal advice before acting. Erin Burke, senior solicitor with EMA Legal, is based in Hamilton. She has lectured in employment law at the De-partment of Law, University of Waikato. [email protected](First published in the Waikato Times).

Specialist Employment Lawyers

Auc

klan

d

JO DOUGLASManaging SolicitorMobile: 027 683 7919

JO DOUGLASManaging SolicitorMobile: 027 683 7919

BRANDON BROWNSolicitorMobile: 021 515 116

BRANDON BROWNSolicitorMobile: 021 515 116

Our high success rate reflects our expertise. Our lawyers specialise in employment law and only act for employers.As part of a member-owned organisation, EMA Legal offers services that are excellent value.

Strategic advice Practical solutions Skilled representation

ERIN BURKESolicitorMobile: 027 459 3375

ERIN BURKESolicitorMobile: 027 459 3375W

aika

to

0800 362 534 1800 300 362 for your nearest contact

MATTHEW DEARINGSolicitorMobile: 027 284 4042

MATTHEW DEARINGMATTHEW DEARINGSolicitorSolicitorMobile: 027 284 4042Mobile: 027 284 4042

Every employees right to privacy...

By Erin Burke, Senior Solicitor, EMA Legal

Erin Burke

“...Ensuring employees are fully informed as to what information

is being collected, and in what manner, can then give

employers a contractual right to collect that information in the

manner specified.”


12


EMPLOYMENT CHAT

Q. We seem to have had a bunch of ineffective staff come on board this year. I wonder if my human resources manager is up to the job. How can I measure that? – Jo

Dear JoAny staff member you suspect of

underperforming can be put through a ‘performance review’. Your HR manager will understand this better than anyone!

Was your HR manager checked out for background and qualifications as thoroughly as other staff? You need to have good grounds to make an accusation.

If you have concerns about the quality of new staff you should start by reviewing your recruitment processes. However the problems might not be at the recruitment stage. Have you investigated the induction and training programmes you offer? Are there any other environmental factors that could be causing any problems, eg, low morale, lack of breaks or recognition, inadequate or inappropriate remuneration or even poor air quality (air conditioning)?

Your new staff might be reacting to a variety of things in the workplace that they weren’t expecting. Perhaps ask your HR manager to help investigate this idea first.

Q. I am friends on Facebook with a number of my staff and I noticed one of them making snide comments about another of our employees. What do I do about that? It’s not acceptable to us. – Bart

Dear BartSocial media sites are a temptation

that gregarious people must treat with much care!

If your employees are not identified as your employees, there may not be much you can do. If a ‘Jane Smith’ badmouths

a ‘Sally Brown’ it is between them and Facebook. Even if their names are more identifiable than that, the world is not to know they work for you. However, depending on the details, the comments may have a detrimental effect on workplace relationships and therefore potentially they may need to be looked into.

If the victim of this exchange has not complained to you, it may be best to leave it alone. If she did complain to you, you could only informally mention it, in private, to the perpetrator that you think it’s unreasonable to bad mouth anyone on Facebook, especially due to the effect it may have, and especially as other colleagues of theirs who work at your firm could be demoralised by such comments. It could affect your company’s reputation even if only in the eyes of a few people in the know. Word of mouth is a powerful force.

We have to ask, why were you checking up on your staff on Facebook? It might be best to keep the temptation to snoop to yourself, to put your trust in your social media policy and your staff and wait for a complaint to arrive. Employers are encouraged to ensure they have a social media policy so employees are clear on their obligations and potential consequences if issues arise.

Managing your manager’s performance?

“...It could affect your company’s reputation even if

only in the eyes of a few people in the know. Word of mouth is a

powerful force.”

13


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WHAT EMPLOYERS ARE ASKING ADVICELINE THIS MONTH

...and its just not cricket!Q. Our school grounds are not being kept up to scratch and our cricket teams are losing their games – they have a terrible practice pitch. Is this something I can discipline the caretaker for? He just won’t listen to complaints… - Eve

Dear EveIf an informal process hasn’t

worked with your mentioning poor quality, yes you can start a formal performance management procedure. But on the face of it, his failure to upkeep the grounds adequately may not of itself qualify as misconduct of a magnitude that warrants ‘discipline’ or dismissal.

So here is the process you must follow in good faith. First, check your Employment Agreement co-signed by you and him, review the job description to be sure he knows what his duties are, and that he could be expected to know them. If there are shortcomings in this Agreement, rectify them and co-sign a new document: this way he gets to hear there’s a problem and he gains an opportunity to pick up his act.

Secondly, if the Agreement was fine and didn’t need to be rewritten, write to your caretaker at work by email or by hand-delivered letter inviting him to a meeting at a specific date and time to discuss the state of the cricket grounds. In this letter be fairly specific about what will be covered at the meeting, and invite him to bring a support person. Say you want to discuss how the grounds could be improved. Because of work or private reasons he might need to change that date, and you must negotiate on this.

Thirdly, at the meeting explain the required state of the pitch and ask if he understands and has any problem with achieving that. You must listen to his contribution. He might have valid and sound ideas on how things could be better.

Hopefully the problem will be resolved and a solution agreed for him to try out and for your formal future appraisal within a reasonable and agreed timeframe.

Record all this in writing so you are both on the same page and have

a concrete basis for measuring any improvement or otherwise.

If things turn to custard, your next meetings may lead to formal warnings and in case of continuing poor performance, termination. Termination would be on notice as per the Employment Agreement.

By the EMA Advocacy team in consultation with EMA Advice, and based on real calls to EMA’s AdviceLine.

The information in this article is a guide only and not to be used as business advice without further consultation.

EMA members can start with our AdviceLine team at phone 09-367 0909 or 0800 800 362 (within New Zealand), and 1800 300 362 (from Australia), 8am-8pm weekdays.

Alternatively, email [email protected] or read or print information such as the A-Z of Employing – a manager’s guide on more than 100 specific employment topics, at www.ema.co.nz

To inquire about becoming a member to gain access to this free AdviceLine service, please contact EMA Membership at the numbers above or through ema.co.nz.

“...First, check your Employment Agreement co-signed by you and

him, review the job description to be sure he knows what his duties are, and that he could be expected to know them. If

there are shortcomings in this Agreement, rectify them”

http://www.horizontemps.co.nz




Advocacy14

Education plays a crucial role in

business by providing a skilled

workforce that can help drive

economic growth. One of the top

priorities for Lesley Longstone,

Secretary of Education, Ministry of

Education is ensuring education

makes the maximum contribution

possible to New Zealand’s

economic prosperity.

Education has a key role to play in lifting labour productivity, driving

economic growth and delivering higher wages and living standards for New Zealanders,” says Ms Longstone.

The challengePhil O’Reilly, Business NZ CEO, has

challenged the education sector and the Ministry of Education in particular, to ensure all students leaving the education system have the skills and attitudes to make them good citizens, and that the education received includes practical skills to better meet the needs of the economy. He has also suggested the Minis-try talks to businesses to get a better understanding of what they need from the education sector.

“A skilled workforce is critical for a productive, growing economy. Employers often have difficulty finding enough staff with the right skills – often technical, engineering, IT and other science-based skills, says Mr O’Reilly.

“It’s important to keep a focus on the core skills and key competencies like literacy and numeracy skills and other core skills like problem solving, decision making, team work, and self manage-ment – these are distinctly future proof.

“It’s also important that our govern-ment agencies, including Education, are

working together to provide solutions that address the skill gaps that poten-tially stop us growing at the rate we could.”

New approachTo tap into businesses and

get their perspective and thoughts on education Anne Jackson, Deputy Secretary Tertiary, International and System Performance at the Ministry of Education is taking the lead on economic engagement, and will also

be working with the new Ministry of Business, Innovation and Employment, research institutions and education agencies.

“Businesses have great ideas about how to work with us to improve educa-tion and work outcomes for students and staff,” says Ms Jackson, “but often it’s difficult to find the right person within Government to talk to. Within education part of my role is not only to provide a one-stop-shop for businesses but to proactively engage with you to

gain a greater understanding of busi-ness priorities and how we can make it easier for you to engage with us.”

Improving education outcomes and career direction

Ambitious education achievement targets have been set by the Government to help ensure young New Zealanders reach their full potential and can make a meaningful contribution to the economy:- in 2017 85% of 18 year-olds will have achieved NCEA Level 2 or equivalent qualification (74% in 2011) and 55% of 25-34 year-olds will have a qualification at Level 4 or above.

Employers want a range of skilled young people who bring knowledge, confidence and a willingness to learn and grow in the workplace.

To achieve this, education and businesses need to work together to ensure learners are developing skills and knowledge to meet the future needs of employers. Learn-ing environments also need to cater to the needs of all students so they are better prepared for higher learning or relevant workplace opportunities.

Educators focus on matching learning and

Anne Jackson

Abaitia Lomani is an engineering student with WelTec Trades Academy; his tutor is Stephen Hainsworth


15 Advocacy

The Skilled and Safe Workplaces Report, one of six reports covering the Govern-ment’s Business Growth Agenda, focuses on creating a more productive and innovative workforce and a more responsive labour market. The Ministry is actively working to support these goals by lifting the education achievement of young people, strengthening tertiary education and delivering vocational education and training that improves skills.

The Youth Guarantee initiative provides motivating learning environments in non-school settings (for example: polytechnics, wananga and private training establish-ments) where students who are not catered for by the traditional school environment

can achieve both NCEA qualifications and vocational education.

Vocational Pathways are a central ele-ment of the Youth Guarantee initiative and are designed to make it easier for students to transition from education and training into the workforce. Five new sector-based pathways have been developed, through a partnership between educators and industry representatives. These five sector pathways include construction and infrastructure, manufacturing and technology, primary industries, services industries, and social and community services.

Students can also access these sector-based pathways through secondary-tertiary

programmes. These programmes, school and tertiary partnerships, provide foundation level education to achieve NCEA qualifica-tions.

Secondary-tertiary programmes, such as Youth Guarantee and Trades Academies, provide relevant skills for learners and employers.

Trades Academies

Trades Academies engage senior-sec-ondary learners in education and equip tomorrow’s workforce with relevant skills to transition to future employment. Trades and technology programmes for secondary students are created through partnerships between schools, tertiary institutions, indus-try training organisations and employers.

Matching education pathways with the needs of employers is important but stu-dents also need sound careers information, advice and guidance to ensure they find a job that suits them.

Work is currently underway to improve the information available for students, and their families and whanau, to help them de-cide what to do when they finish school or other training. Barriers and improvements to effective provision of careers informa-tion and guidance within schools are being identified, including barriers that may exist between schools and industry.

New opportunitiesThese changes provide the Ministry of

Education and the business community with the opportunity to work together to create a workforce that is fit for purpose and helping to drive the economic growth of the country.

“We’re looking forward to working with the New Zealand business community to ensure New Zealanders achieve educa-tion success and enter the workforce with the right skills to do the job right,” says Ms Jackson.

For more information, please contact Suze Strowger, Business Relationship Manager on (04) 463 7009.

skills for business

Engineering is attracting more attention amongst students with the help of Industry Training Organisation COMPETENZ.

16


By Business NZ’s CEO Phil O’Reilly

Phil O’Reilly

Part of BusinessNZ’s work on

behalf of enterprise involves

making recommendations to select

committees on proposed new laws

that could affect New Zealand

businesses.

As the legislative programme for 2012 comes to an end, there are numerous

Bills under consideration by Parliament, several of which would introduce changes for business.

Some - like the Advanced Technology Institute Bill and the Crown Minerals Bill - are useful pieces of legislation that would help advance innovative business in New Zealand.

Others would have negative effects - like

the Lobbying Disclosure Bill, which would discriminate against business and harm freedom of speech.

Often, draft legislation may be generally positive, but contain parts that would have potential negative outcomes for business, such as the Consumer Law Reform Bill.

Consumer Law Reform Bill

The purpose of this Government Bill is to update consumer protection regulation, and most parts of the Bill are useful and sensible, with the exception of enforcement provisions on ‘unfair contracts’.

The Bill would place restrictions on contracts deemed unfair to one of the parties to a contract. BusinessNZ believes these provisions are unnecessary and the use of a subjective term like ‘unfair’ would

create uncertainty.‘Unfair contract’ provisions are

unnecessary because a contract is something signed between willing parties. It is up to the parties involved to decide whether they believe a contract is in their interests or not and a party who thought a deal was unfair would not sign up to it.

There is no evidence of problems in New Zealand from ‘unfair contracts’ and the main justification given for including it in the Bill is to ensure New Zealand’s consumer laws are consistent with those in Australia. Australian law should be introduced here only if it is of net benefit to New Zealand.

While BusinessNZ opposes any unethical business conduct, it is not clear that having ‘unfair contract’ terms in legislation would help prevent it. There is already strong incentive for businesses to comply with

New legislation affecting business

17


regulation, not least to protect their business image and brand.

BusinessNZ’s submission supports most of the Consumer Law Reform Bill, but recommends that the provisions relating to unfair contracts be struck out.

Advanced Technology Institute BillThis Government Bill would establish the

Advanced Technology Institute (ATI) – an institute that will take over some of the functions of the Crown Research Institute IRL along with some new functions to support business innovation.

The Institute’s purpose will be to support and foster business research and development.

The ATI will connect businesses with scientists, technologists and researchers, and promote commercialisation of research discoveries. It will also promote business clusters in knowledge-based industries.

We support the focus of the ATI being directed by business needs, solving business-identified R&D problems, challenges or opportunities.

Business leaders around the world have identified talent-driven innovation as the number one factor that determines global competitiveness. Significant change is required for New Zealand to grow its innovative exports, move up the value chain and become more internationally competitive.

I promoted the establishment of the ATI in the 2011 Powering Innovation taskforce report, and the Advanced Technology Institute Bill advances the recommendations of that taskforce.

BusinessNZ has recommended that the legislation should proceed.

Crown Minerals (Permitting and Crown Land) Bill

This Government Bill will help promote competitiveness and growth through accessing New Zealand’s petroleum and mineral resources.

The Crown Minerals (Permitting and Crown Land) Bill updates the legal

regime for mining and promotes the environmentally responsible exploration and production of oil, gas and mineral resources.

The legislation will create a two-tiered system for permits, with more regulation of complex, high-return activities, and a simpler regulation for smaller-scale operations.

Both will have varying requirements for achieving good industry practice and health, safety and environmental standards.

BusinessNZ has made a submission in support of the Bill overall with some small changes. Lobbying Disclosure Bill

The purpose of this Green Party Bill is to regulate lobbying and advocacy.

Under it anyone who might

communicate with an MP about MP business and who is in a paid position would be deemed a lobbyist and would have to be registered with the Auditor General and report on every advocacy activity undertaken. There would be fines up to $20,000 for someone not on the register who communicates with an MP in this way.

BusinessNZ believes this legislation is unnecessary. There is no evidence of corruption or other problem in New Zealand that would require this sort of regulation.

The proposed legislation, by discouraging communication with elected representatives, would reduce the information available to MPs to the detriment of informed decision-making.

The Bill’s definition of ‘lobbyist’ is so wide that it would catch potentially thousands of people and organisations, requiring a great deal of bureaucratic compliance in reporting on every advocacy activity to the Auditor General.

However, the Bill’s limiting the definition of ‘lobbyist’ to someone who is in a paid position would mean that those advocating on business issues would be more likely to be caught by the legislation, while those, for example with an anti-business agenda, might not.

The effect of this legislation, if passed, would be a chilling effect on the freedom of speech, less advocacy for business issues and more advocacy in opposition to business and growth issues.

BusinessNZ’s submission has recommended that the Bill not proceed.

These are examples of some of the issues that BusinessNZ engages in to promote a better environment for New Zealand business.

You are welcome to contact us on any issues requiring advocacy for business:

Manufacturing, exporting: Catherine Beard [email protected] 04-4966560

Infrastructure, energy, environment: John Carnegie [email protected] 04-4966562

Employment & industrial relations: Paul Mackay [email protected] 04-4966553

Tax, regulation, research: Stephen Summers [email protected] 04-4966564

Economics, local government, water, waste: John Pask [email protected] 04-4966563

Skills, training, trade: Carrie Murdoch [email protected] 04-4966566

Sustainability: Penny Nelson [email protected] 04 4966 285

Legal & international: Barbara Burton [email protected] 04-4966561

“We support the focus of the ATI being directed by business

needs, solving business-identified R&D problems, challenges or

opportunities.”









19 Technology - Planning for a disaster

In our previous two articles we

defined the meaning of business

continuity then investigated

common potential impacts and

scenarios that a business may

encounter.

We highlighted the considerations you need to take on board when dealing

with planning for uncommon events.Now we look at how a business

can develop higher comfort levels by developing an ability to react and deal with a critical event and ultimately reducing their exposure and level of risk.

The key area here is assurance, by which we mean testing and proving. Put simply the more tested and rehearsed a business continuity plan is, the faster and more complete any recovery will be - it is the speed of recovery that differentiates an interruption from a disaster.

What do you need to test?1. Backup

You must regularly test your backup data and the ability to recover the data. This test process gives confidence that your valuable data is safe and recoverable, and it makes sure your team or service provider are familiar and rehearsed at recovery.

It also provides a regular check on the business’s ability to meet pre-established RTO (recovery time objectives) and RPO (recovery point objectives) ensuring the business is able to meet customer needs.

A recovery test should ideally be conducted every quarter or at an absolute minimum, annually. If your business environment changes constantly you need to increase the frequency of your test recovery regime to match.

By doing this, if and when recovery and backup proof is requested by customers or auditors you can easily provide proof and answer the question with confidence.2. Continue working

The Christchurch earthquakes provided many examples of businesses that sent

employees home to work but found that impractical. They found telephone calls were being missed and there was a lack of team meetings at a time when people had a lot of planning to do and needed maximum support.

If you find you cannot access your building or your IT hardware has failed, you should rehearse various scenarios to decide how to deal with such events.

Take advantage of your next fire drill - rather than let everyone straight back into the building take the chance to test your alternate working location strategy. Monitor performance: How long did it take for people to get to the location; how did they get there, did everyone know what to do?

When at the alternate location(s) how long did it take for systems to become accessible, and phone diversions to become live?

What could your staff do and not do in terms of work, what impact did it have on your customers? How did you communicate with your staff and was it effective?

All of the learnings provide for continual improvement to your plan to ensure the business and your staff are prepared and know what to do.

The business continuity plan should be included as part of staff induction and embedded into company culture so your people know what to do and are trained on the processes.

Create some scenarios and run them through a test. It could be a paper based desktop “walkthrough” (eg: server fails – is it under warranty? Is there a service level? Can you get parts? How long to get parts? Can you get another server? How long to get it and make it operational?

Don’t assume you can easily get another piece of hardware; less stock is held locally these days and often ordered from offshore.

Ask yourself: if we have a critical

equipment failure, how long can we wait for a replacement?

3. Continued supplyIdentify the components that

are key to making your business operate. Ensure you test these. Don’t forget to check your supply line –do your suppliers

have a plan and have they tested their ability to continue operations?

Assumptions can hurt “I am in the cloud/data centre” So what

is their Business Continuity Plan? Include your data centre supplier in your plan and recovery testing. Ask get them to demonstrate it. Never assume.

Cloud providers or data centres may say they run backups and can recover your data, but how long will this take and how often are the backups run?

Business Continuity as a competitive advantage – a developing trend

In the past 10 weeks we have seen eight businesses requested to provide statements and in some cases test results to confirm they have proven and tested business continuity arrangements in place.

These requests are from customers, and they have also seen a clause in contracts required as part of tender and RFP responses.

Some of these businesses scramble to respond while others that have made the investment in business continuity, confidently insert their content to answer the request or question.

The businesses that have made the investment in business continuity now proactively promote that they have proven and tested business continuity as a further differentiator to their competitors.

To run a free self assessment on how your business measures up and for more information about this article go to www.plan-b.co.nz/ema

Understanding business continuity... Take the journey Part 3

By Andrew Charlesworth

Andrew Charlesworth

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21 Technology

Zespri has just bucked the trend.

At a time when New Zealand

companies of all sizes are being hit

by rising fixed costs and reduced

margins, the kiwi fruit marketing

business has managed to cut their

phone, data and networking costs

by almost a third.

But surprisingly the cost reduction hasn’t been the best outcome from their

recent contract negotiations, according to Zespri Information Systems Manager, Andrew Goodin.

Running a global supply chain that markets and delivers New Zealand’s flagship fruit to four corners of the planet all year round is a complex business that relies heavily on the latest telecommuni-cations solutions to connect growers to markets.

“The big challenge for us was to find a way to im-prove our use of ICT while managing the associated costs,” Goodin said.

“The technological envi-ronment moves so quickly that plans operating well for us three years ago were no longer valid by the time we hit the contract expiry date. Both the technology and the way we were using it had changed.”

“When our (telecoms) contract came up for renewal, we needed a clear understand-ing around how and why our telecoms usage patterns had changed. We also needed to question and analyse what benefits that change was bringing our growers. As a management team, we can’t make sound decisions without that sort of detailed infor-mation.”

Due to the complexity of Zespri’s re-quirements – which include international networking, mobile phone and mobile data

worth around $2.4 million over a three year period – getting the structure and scope of the RFP right is critical.

The company needed to identify the Cinderella among its supply options. There was only one glass slipper – the fit had to be right.

“Procurement is a specialist discipline,” said Goodin. “Knowing what break points to embed in the final agreement could prevent us from getting locked into a contract that we would quickly out-grow. We needed to factor in what the penalties would be if we had to change the terms of the contract before it was due for re-nego-tiation.”

Zespri brought in utilities procurement

specialists, Total Utilities Management Group (TUMG) to help shape the tender process.

“TUMG were not only focused on reducing costs,” Andrew said. “They became an extension of our business to manage the RFP process.”

Zespri selected key criteria against which to measure the different supplier offers and the combined team then developed a weighting for each criteria (and sub-crite-ria) taking into account any technological developments on the horizon.

The Zespri/TUMG team started work on the RFP at the end of December 2011

and by the end of February a new three-year ICT supply contract had been agreed and signed off until 2014.

“The approach was genuinely collabora-tive,” says Goodin. “Not just between Zespri and TUMG but also between us and the short-listed suppliers.”

Having clear benchmarks in place against which to measure technology usage and performance against cost was essential.

“This in-depth information can only come directly from the telecommunica-tions supplier, so reporting became one of our key requirements from the successful bidder. In many ways reporting was more important to us than straight cost savings. We needed to make sure that the partner we selected could provide the information to help us continue to get the best from our investments.”

Goodin likened the RFP process to building a house. “You don’t just throw it

up. You plan the rooms, the aspect and the functionality. Along the way you make minor adjustments but you do it methodically.”

The successful supplier delivered 28% savings year on year, plus some usage savings and a better engage-ment model than its competitors.

“TUMG worked with us to de-velop a robust and repeatable process that will have on-going value to our

business,” Goodin said.The reduction in telecommunications

costs was great, he said, but with Zespri’s ICT usage currently growing 30% year-on-year, the real value of the company’s engagement with TUMG lay in establishing benchmarks that would enable Zespri to continually improve its telecoms use.

“Going forward, the selected criteria and weightings we established will act as a set of checks and measures against which we can chart the performance of our supplier partner and track changes in our own tech-nology use. That way we can make sure that we are able to maintain the value of our investments and retain our place as world leader in kiwifruit.”

Reduced ICT costs just part of the storyTelecommunications case study


22 EMA MEMBER PROUD MOMENTS NOTICEBOARD

Winner of the $5m-$10m turnover company:Advanced Security

Advanced Security is a highly spe-cialised company providing elec-

tronic security services to the corpo-rate and Government sectors. Services include access control systems, intruder detection systems, closed circuit televi-sion systems, and off-site monitoring. The business is committed to staying at the forefront of security technology and providing an unsurpassed level of service.

Winner of the large business catego-ry between $10-$50m: Banklink

BankLink’s purpose is to stream-line accountancy. It was the first

company in the world to develop a small business accounting solution based on the automated processing of electronic bank transaction records. The BankLink service is now provided to more than 4,700 accountants in New Zealand, Australia and the UK and 300,000 of their small business clients. The business provides transac-tional data from banks to accountants who then use the company’s software products such as “BankLink Practice” to code these transactions and convert them into the required accounting information.

Joint winners of the large business category ($200m plus): GE Capital and the ANZ Bank GE Capital

GE Capital is a specialist finance provider to Kiwi businesses. With glo-bal knowhow and a deep knowledge

of a wide range of industries, the 750 strong team in New Zealand provide a wide range of services through six business units including Custom Fleet and Equipment Finance. In 2011 GE Capital lent $750 million to New Zealand businesses.

ANZANZ provides support to businesses

at all stages through its national network of 320 branches. With a team of 600 dedicated business banking staff, each customer is assigned a dedicated Business Manager. Tangible support is also provided by having empowered, trained staff across the country who understand business and by investing in sponsorships which support grass-roots businesses across the country.

EMA members win AUT University Excellence in Business Support Awards 2012

BankLink and the Giltrap Group have presented Rowing New Zealand’s Olympic gold medallists with new Audi Q5s in recognition of their Olympic Gold medals. Single sculler Mahé Drysdale, coxless pair Eric Murray and Hamish Bond, and the heavyweight double scull duo including Joseph Sullivan have each received the keys to their new cars. Richard Reese for BankLink said; “BankLink is a long-time supporter of Rowing New Zealand and we wanted to recognise and celebrate the exceptional success of our Olympic gold medallists.”

Global natural health and beauty prod-ucts company Comvita has acquired

the apiary business of Whanganui-based Kiwi Honey Ltd to strengthen its supply of manuka (Leptospermum) honey. Kiwi Honey has 3,500 beehives in the region.

Comvita chief executive Brett Hewlett said the acquisition will pro-vide Comvita with additional security of supply of Manuka honey and is its fourth wholly-owned apiary business.

Hewlett says the Whanganui region

is renowned for its production of UMF (unique manuka factor) honey. UMF is the antibacterial property found in some strains of manuka honey making it useful for wound dressing and other therapeutic uses.

Honey empire grows


23

Best Workplace (according to staff): Overland Footwear!EMA congratulates member company Overland Footwear

for being awarded the overall winner and Best Large Workplace in the 2012 Kenexa Best Workplaces Survey.

The survey is run by recruitment and employee solutions company Kenexa (previously the JRA Best Places To Work programme) which invites employees of participating organisations to provide feedback about their workplaces.

Kenexa managing director Sanchia Yonge said employees in the best workplaces feel a great sense of common purpose from their leadership, and receiving good communication about goals. "Employees know how they are tracking and are clear about what they need to do in order to support the organisation's success.”

She said enabling practices such as flexible working also help morale. Overland Footwear gives staff a $350 benefit for their health and well-being and they can spend it how they like - "This makes them feel well looked after.”

There are rewards for staff who step up. Shane Anselmi, CEO of Overland, told Yonge one of the reasons the company needed to go to Australia was to hold on to its talent and create opportunities for them, as well as providing new opportunities for growth.

Kenexa identified several key drivers of engagement among this year's Best Workplaces Survey. The most highly ranked driver of employee satisfaction was that people wanted to feel a sense of belonging at work.

"When you hire people for culture-fit then they feel really aligned to an organisation's values, they can be themselves and they have that authenticity day to day," said Yonge.

Another high ranking performance driver was that people

want to have a sense of personal achievement at work and feel their contribution was valued. There's a difference between recognising and valuing an employee.

"Recognition is typically tied to what we do - not who we are; while valuing is about acknowledging someone not merely for tasks, but for the deeper intrinsic worth they add to an organisation by just being there," she said. Talking to employees about how their contributions make a difference, promote higher employee ratings of feeling valued.

Best workplace employers are much better at fostering innovation and involving people in decisions than others.

The Southern Cross Medical Society was ranked fourth among the large company finalists. They said having a good company culture and engaged people put them in a better position to manage change.

The 13th annual survey attracted the largest number of participants this year - 33,000 New Zealand employees from 289 companies.

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25 Technology

After one year EMA’s Eco Smart

Business programme has assisted

a rnage of businesses to improve

their environmental performance

by reducing solid waste, and by

providing practical advice on

how to use energy, water and

raw materials more efficiently,

and by their purchasing of

environmentally sound products

and services. As well they achieve

an Eco Warranty certification.

One company, Eco Insulation, joined the programme last year and has now

rung up impressive key achievements including:• Fleet upgrade resulted in $100,000 fuel

savings in one year• The job roster was reassessed to improve

staff travel • A 30% reduction in waste to landfill

Eco Insulation, established in 2000 has diversified from insulation over the past two years to now include wider home sustainability products for New Zealand homes.

The company employs 150 people who have insulated some 40,000 homes across the country over the past 12 years.

While most of Eco Insulation’s busi-ness is in New Zealand other countries purchasing their products include Japan, Korea, and China.For more information go to www.ecoinsulation.co.nz

For Eco Insulation the Eco Smart pro-gramme has achieved:

Resource Efficiency Eco Insulation assessed how they sched-

ule installations and jobs and this resulted in them reducing the distance their staff travelled, reduced the time spent at a job by having a larger team working together, and increased staff efficiency.

Waste reductionWaste to landfill has been reduced by

30% with increased recycling of plastics and cardboard. Waste separation sys-tems have been implemented on and off site. A plastic baler they purchased bales plastic wrap into 150kg parcels which are sold to a recycler.

Energy efficiencyEco Insulation have made an an-

nual $100,000 in fleet savings while their ‘Switch off ’ programme following EECA’s guidance resulted in a reduc-tion in energy costs with their office design including large windows and the warehouse has clear roofing panels to maximise light.

Other benefitsAs a result of their fleet upgrade, Eco

Insulation receive an additional four enquiries per week due to the improved branding on the vehicles with more and more tenders requesting environmen-tal credentials on their materials and services.

While doing this programme the com-pany also underwent an ACC accredita-tion project following a similar process.

ChallengesThe company is setting out to create a

culture where sustainability is valued by all their staff. So employees are encour-aged to make suggestions and participate in the process. These messages are reiter-ated at each staff meeting.

The futureNew LED lighting is to be installed

in their office and they plan to achieve ISO 14001 accreditation

Ongoing improvementsEco Insulation is diversifying their

range of products to include solar pan-els, heat pumps and LED lighting.

Advice for othersEco Insulation’s Commercial Man-

ager, Anthony Thomson recommends companies interested in improving their sustainability credentials to become

trained by a specialist who under-stands sustainability.

“This is where the Eco Smart pro-gramme was good, as it got us started and gave us something to improve ourselves with,” he said.

“You need to appoint someone to implement the new initiatives and improvements through the business and with one person as the conduit to drive this through the business.

“This person needs to review what is going into the bins and make sure that people do things such as switch off the lights.”

Commitment from owners and senior management

“The person with the cheque book needs to be in favour of the initiatives suggested,” he said.

Commit to continually improving your initiatives

“We are never done. This is a long journey, you have to start somewhere and we are still on the road to getting there.”

If you would like more information about the programme, please see the EMA website www.ema.co.nz

The Eco Smart Programme is spon-sored by Auckland Council, EECA and delivered by the EMA

Eco Smart trailblazer winning across several fronts

“...Eco Insulation assessed how they schedule installations and jobs and

this resulted in them reducing the distance their staff travelled and reduced the time spent at a job.”

http://www.ecoinsulation.co.nz


26


An HSBC survey demonstrates

widespread confidence in the

future of RMB in China as a

major global trade and investment

currency amongst mainland

Chinese businesses.

The survey found most Chinese corporates surveyed (77%) expect a

third of all Chinese trade to be con-ducted in RMB by 2015 compared with 10% at present.

Half of all Chinese corporates indi-cated they were willing to offer better pricing or terms in return for using RMB to settle trade: 41% said they would offer discounts of up to 3%, with 9% of these willing to offer even greater discounts.

Gary Cross, Head of Global Trade and Receivables Finance for HSBC New Zealand, said: “As mainland authorities develop their regulatory framework to open up and interna-tionalise the currency, the use of RMB in cross-border business has expanded both within trade and beyond.

“New Zealand companies trading with China are increasingly investigat-ing the possibility of settling in RMB and the potential advantages that this may offer. We are seeing a greater number of transactions being undertak-en in RMB as well as more enquiries around RMB.”

Moves by the Chinese government to increase exchange rate flexibility and simplify transaction processing have changed the dynamics of cross-border RMB business. The proportion of corporates using RMB because they expect the currency to appreciate has fallen dramatically. Only 25% of re-spondents now say they used RMB in order to benefit from currency appre-ciation in 2012, compared to a signifi-cant 44% in 2011.

The main reasons for choosing RMB

for cross-border transactions were: 72% use it to help man-age their foreign exchange risks, a sharp increase from 49% in 2011.

44% stated the currency brought operational and ac-counting advantages versus 34% in 2011.

“China's total cross-border trade

settled in RMB increased by a factor of 4 in 2011 and now accounts for around 10% of China's total cross border trade,” said Mr Cross.

While import and export transactions were the most common type of RMB busi-ness that respondents engaged

in (47% and 42%, respectively), the sur-vey revealed 30% plan to use RMB for other purposes in the next 12 months. 15% of corporates said they intend to use RMB for capital injections, 11% for offshore loans and 4% for cross-border acquisitions (vs 11%, 8% and 1% in 2011 respectively).

Montgomery Ho, Head of Com-mercial Banking HSBC China, said the internationalisation of RMB is a natural process being driven by China's economic growth and trade develop-ment and we are confident the Chinese currency is on track to becoming a major trade currency by 2015.

Chinese corporates also reported their counterparts overseas are finding it increasingly convenient to use RMB. Only 15% reported that their counter-parts encountered insufficient RMB service or support from their bank overseas, down from 23% per cent in 2011.

Overseas business also experienced increasingly easy access to RMB liquidity over the past year; only 14% reported their overseas counterparts lacked sources of RMB, or lacked use for RMB funds received, compared to 21% in 2011.

HSBC China surveyed 692

Mainland corporate customers

in August 2012 to gauge current

usage and future outlook of the

RMB in cross-border businesses.

A similar survey was conducted in

March 2011.

RMB cross border use accelerating

Gary Cross

“China’s total cross-border trade settled in RMB increased by a

factor of 4 in 2011 and now accounts for around 10% of

China’s total cross border trade”

Survey Findings:• 41% Chinese corporates

willing to offer discounts of up

to 3% on trades in RMB

• Chinese corporates expect

a third of China’s trade to be

settled in RMB by 2015

• RMB usage increases despite

slowing appreciation

• NZ companies may want

to consider discussing with

Chinese buyers and sellers

about settling in RMB

27


A new event taking a New

Zealand Inc approach to

securing investment in Kiwi

companies is scheduled for

February 1st 2013 in Auckland.

Innovest is to be hosted by Auckland, Tourism, Events &

Economic Development (AT-EED) as an investment forum for local businesses and international investors to meet face-to-face.

The event is designed to pro-vide a forum where investment ready, innovative, privately owned New Zealand businesses can be introduced to international and local investors, distributors and com-mercial businesses.

Sponsors include NZ Trade & Enter-prise, Immigration NZ, the Ministry of

Business, Innovation & Employment, Vodafone, Fairfax Media, and EMA.

ATEED spokesman Darren Grant said collaboration between all the New Zealand interests is important because New Zealand often lacked the scale needed to get on the radar of some international investors.

Innovest will be limited to 120 invitation-only companies ranging from early stage to more mature businesses which have revenues up to $50 million.

Target participant business types are: • Early stage businesses with a proven

core offer or technology that are seeking partners to commercialise; • Developing innovative businesses

with a significant business domesti-cally that want to go global; and • Successful, privately-owned

businesses where the owners are seeking to

exit or find succession partners. The event is being promoted

through the Kiwi Expatriate Abroad (KEA) network globally, with all New Zealand’s major banks, international accounting

firms and the like.

More details are at: www.innovestauckland.com.

NZ Inc backs innovest approach to push for more investment from offshore

Trade Fact of the Week from Progressive Economy reports scrap

and surplus goods are the US’ fourth largest export earner.

It says in total the top US export product categories in 2011 were: • Aerospace: $56 billion• Grains/oilseeds: $43 billion• Software: $34 billion• Scrap/waste: $33 billion• Agricultural machinery: $21 billion

According to the US Environmental Protection Agency most recent (2011) report, recycling rates have risen from 10% of trash in 1990 to 31.6% in 2005, and 34% in 2010 representing 65 million of a total 250 million total tons of trash, not counting industrial recyclers.

Over the past decade the prices of copper and tin have risen five-fold, the price of rubber six-fold, and the price of iron ten-fold.

China is the largest buyer of America’s old newspapers; Canada, of used clothes. Vietnam’s 47,000-ton purchase tops the list for scrap rubber, and the UK’s 162,000 tons lead for sawdust; China again leads in scrap metal.

Last year’s US exports were worth $50 million for recycled cans, and 28,000 tons of broken glass earned $13 million. Mexicans and Koreans bought most of the old cans, while the big buyers of broken glass were Canada, France, and Taiwan.

Used clothes: Americans ship just under a million tons of used clothing earning roughly $600 million a year. (By comparison, the US imports 4 million tons of new clothes a year, costing $80 billion.) Canada is the top

used-clothing buyer at about 205,000 tons last year. India is next at 100,000. The rest goes to 189 developing countries.

Scrap Metals: Scrap metal is the heaviest and most valuable recycled export product, earning $20 billion in 2011. Half goes to China, with Turkey, Korea, and Taiwan next. “Waste” gold and platinum, mostly shipped to Switzerland, brought $8 billion and $1.5 billion respectively.

Money in trash

http://www.innovestauckland.com

Out & About

1

| 1 Graham Kearns [York Paper Co], Les Kendall [Temperzone Ltd] & Graeme Squire [Dulux Powder Coatings] | 2 Simon O’Brien [ASB Bank ], Derek Rankin [Rankin Treasury Advisory] & Kevin Reilly [ASB Bank ] | 3 Angela Freeth, Mike Burgess & Christine Hills [EMA] | 4 Kim Campbell, Zoe Timbrell [EMA] & Marshall Hudson [eHome Global ] | 5 Steve Bullock [ Rheem New Zealand Ltd] | 6 Anil Kunjunny & Paul Yeo [EMA] | 7 Louise Mountfort, Chris Davis [Rinnai NZ Ltd], Janet King, Bob Fenwick [Planhorse Systems], Diane Fenwick [Planhorse Systems] | 8 Graham Mountfort [Retiring President] & Laurie Margrain [President] | 9 Je� Williamson [Mainprice King], Sir William Gallagher [Gallagher Group Ltd], Don McNicol [Paci� c Life] & Lady Judi Gallagher [Gallagher Group Ltd]

EMA Annual General Meeting

Opening of new EMALegal premises in Auckland

1

2

3 4 5

6 7 8

9

2

4 5 6

3

| 1 Jo Douglas [EMALegal] & Jo McMahon [Burger King] | 2 David Lowe [EMA] | 3 Craig Garner [EMA], John Jury [EMA consultant] and Matthew Dearing [EMALegal] | 4 Ronni Cabraal [EMALegal] | 5 Sean Hanna & Ashleigh Nelson [EMA] | 6 Jenni Trotman [Trotman Law]

EMA Alert

www.ema.co.nz | [email protected]

NO

VEM

BER

Conference ContactsKaren Joe | 09 367 0959 | [email protected]

Training ContactsLotta Bryant | 07 839 2710 | [email protected]

Kevin Chambers | 09 367 0958 | [email protected]

Craig Garner | 09 367 0907 | [email protected]

Deborah Law-Carruthers | 09 367 0947 [email protected]

Lucila Marquisio | 09 367 0961 | [email protected]

Did you know, EMA Tailored Training can deliver a wide range of workshops fully

customized to re� ect your workplace… at your workplace?

Contact Rhonda [email protected]

Mobile 021 664 321

DEC

EMBE

R

International Trade Documentation & Processes

20

This workshop will give you a comprehensive understanding of the minimum requirements for documentation so that your goods are not left unattended on the wharf or con� scated due to not having the right documents.

Hamilton | Lotta

Procedural Fairness Conference

21-22

This two-day conference explores the procedural fairness issues of the day. We focus on practical tools and important employment law obligations that will ensure you are current with ‘Best Practice’ and all the necessary legal and practical developments in the � eld.

Auckland | Karen

Health & Safety Representative Training - Stage 3

21-22

Review and build upon the competencies developed in previous stages and increase your knowledge, skills and con� dence in the role as a Health and Safety Representative.

Auckland | Craig

Team Leader Toolbox – Getting the Work Done

23

Leading a team means extra responsibility and with that challenges to not only get your work done but ensure your team also achieves its tasks. Learn how to delegate and adapt your leadership style.

Auckland | Deborah

Kate Wilkinson Lunch

22The upcoming changes to NZ labour laws and what the Government hopes to achieve:

Join us and have lunch with the Minister of Labour

Kate Wilkinson and hear of coming key changes to the Employment Relations Act.

Auckland | Karen

Train the Trainer– Delivering E� ective Training Programmes

26-28

You will examine and compare theories of adult learning that will teach you how to build, deliver and review workplace training events for individuals and groups.

Auckland | Deborah

Tax Series FBT & Christmas Expenses

28

In the season of giving, how much should the IRD be getting? Find out what tax, if any, you should be paying on all your Christmas expenses. Plus hear about the latest changes to FBT.

Auckland | Karen

3-4 4Health & Safety Representative Training - Stage 3Review and build upon the competencies developed in previous stages and increase your knowledge, skills and con� dence in the role as a Health and Safety Representative.

Tauranga | Craig

Managing Leave ToolkitMany recent changes to the Holidays Act include cashing-up and Monday-ising of leave entitlements.

Make sure you’re paying the right amount for all the di� erent types of leave. Learn what is fair, and what leave is discretionary.

Auckland | Karen

Health & Safety Representative Training - Stage 2Review and build upon the skills, knowledge and competencies developed in Stage 1 and the role of the representative. Focus on speci� c hazard identi� cation and control including the use of Approved Codes of Practice.

Auckland | Craig

12-13Supervision – An IntroductionGain the essential knowledge and skills that every new Supervisor/Team Leader needs for managing people. This course covers leadership, motivation, and clear and simple ways to communicate goals and objectives to a team.

Auckland | Deborah

7

Review and build upon the competencies developed

increase your knowledge,

procedural fairness issues of the day.

all the necessary legal and practical

Review and build upon the competencies developed in previous stages and increase your knowledge, skills and con� dence in the role as a Health and Safety Representative.

The upcoming changes to NZ labour laws and what the Government hopes to achieve:

Join us and have lunch with the Minister of Labour

Kate Wilkinson and hear of work done but ensure your team also achieves its

of giving, how

out what tax, if any, you

You will examine and

adult learning that will teach

to build, deliver and review

Many recent changes

Make sure you’re paying the right amount for all the di� erent

Kevin Chambers

speci� c hazard identi� cation and control

Training - Stage 2Review and build upon the skills, knowledge and competencies developed in Stage 1 and the role of the representative. Focus on speci� c hazard identi� cation and control including the use of Approved Codes of motivation, and clear and simple ways










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MER2917-004


ema business plus november 2012

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