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The official publication of

Hardware Australia.
Protecting, Promoting and
Supporting You, Your Business
and Your Industry.

Hardware Australia | 1
Hardware Australia
Protecting, promoting
and supporting you, your
business and your industry.
Hardware Australia is in full industry awards mode with the Housing data from the HIA continues to indicate a slowing
hosting of the State Industry Awards events around the in the sector with approvals cooling.
country from July through to October.
Great news in relation to training with the continuing roll
Politics has been a recent spectical with the Federal out of the Certificate III in Hardware program across the
Government leadership spill and Scott Morrison becoming country.
the latest Prime Minister.
Hardware Australia held its National Committee meeting
Hopefully we can all get back to doing something a little bit in Sydney recently. The meeting was very productive with
more productive now and get back to business. representatives from all states and national representatives
from IHG, HBT, CPS and Women in Hardware. All of
Whilst on the topic of politics in August a delegation of
the committee roles are voluntary role and we appreciate
the SA Hardware Committee held meetings with the SA
representatives donating their time and effort to attending
Treasurer. These meetings are an opportunity to build
the meetings.
awareness of industry issues and matters. Raised during
the meeting were, market conditions, competition with Enjoy this issue, if you have a story or matter you would
Bunnings, Development Approvals and industry training. like us to cover or provide information on please contact
Hardware Australia.
Recent months have continued to see the debates over
Sunday Penalty rates continuing, so we need to remain Good trading....
vigilant and watchful of political maneuvering.
In this issue we cover the latest hardware industry Awards
in Queensland, South Australia and New South Wales. Each
of these events have grown in size and profile from past
years and continue to highlight the achievements of industry
operators, employees, rising stars, suppliers and reps. Raising
the bar is a positive for everyone in the industry.
The article from NRA legal about the Casual Employment
and a recent high court decision is certainly something to be
mindful of in your businesses.

Hardware Australia | 2

13 September 2018
WA Hardware
Industry Luncheon -

20 - 21 September
HBT Business
Conference - Gold
Coast Queensland

Upcoming public holidays 13 October 2018

Victorian Tasmania
VIC Grand Final Holiday - Friday 28th September 2018
Industry Awards -

NSW Labor Day - Monday 1st October 2018

20 February 2019
Women In Hardware
ACT Labor Day - Monday 1st October 2018
Breakfast - Adelaide

QLD Queens Birthday - Monday 1st October 2018

SA Labor Day - Monday 1st October 2018

WA Queens Birthday - Monday 24th September 2018


NT Nil

LOCAL HARDWARE Hardware Australia | 3
Generating website traffic: are
all your eggs in one basket?
Written by Alyce Mokrzycki, News Xtend

With over 4 billion global users, the internet has become a for new customers like no other marketing channel can,” says
veritable smorgasbord of possibilities for businesses looking to Boris Leshinsky, Programmatic Lead at News Xtend.
generate website traffic and find the customers of tomorrow,
“Effective at all stages of the customer cycle, it can drive new
visitors to your site when they first become aware of your
Reasons for generating website traffic are varied, and should brand, engage with them as they consider a purchase and drive
strategically align with a businesses objectives. From showcasing them back to your site with retargeting when they are ready to
a new product suite, to driving to an educational piece, this part purchase.”
of the consumer journey is all about encouraging a customer
Search Engine Marketing (SEM) can be used to ensure your
to consider your product and/or services to facilitate future
businesses name and information is viewed towards the top
of all search engine result pages (SERPs) through the use of
An effective digital marketing strategy should aim to cut sponsored ad sections or considered use of strong search
through the noise, put your business in front of the right keywords and well executed copy.
people and give them a reason to choose you.
“By carefully selecting the right type of keywords you will be
Consider Facebook Advertising. As the number one social able to build a highly targeted audience for your website. Also,
media platform, a social campaign will help your business paid SEM is a cost-per-click model so you will only pay what
access Facebook’s network of over 17 million monthly active you are prepared to bid to get the traffic to your site. It’s highly
users across Australia, increasing your brand’s awareness, transparent and a great way to increase traffic and leads to your
driving demand and/or increasing sales. website,” says Todd Fisher, SEM Lead at News Xtend.
A business can choose to run a campaign under one of three However, all the digital marketing bells and whistles will be for
objectives; Awareness, Consideration or Conversion. naught if your website isn’t ready to play ball.
Generating website traffic, or ‘Traffic,’ is a specific ad type After all, your website is your online showroom and should be
that sits within the ‘Consideration’ objective, and mobilises ready to showcase your services at any time of the day, or night.
Facebook’s rich behavioural data and precision targeting to “Think about your website as a digital shopfront. It should
ensure ads are served to known ‘clickers,’ optimised towards showcase your products, services and unique selling point in
those most likely to engage with a business. the same way your physical store or a salesperson would,” says
Lauren Moloney, Head of Digital Business Development at
However, to truly rise above the white noise, Facebook should
News Xtend.
comprise part of a businesses digital marketing strategy, not
dissimilar to the age old adage against putting all your eggs in “Your customer experience with your website should be
the one basket. friction-less. What would you like your customers to do
once they arrive on your website? Make sure the layout and
Display advertising allows a business to visually showcase what
functionality guides them towards your end goal.”
makes them unique across mobile, tablet and desktop devices,
ensuring a business is put in front of their most valuable To find out how News Xtend can help drive
customers, wherever or however they live their lives online.
more traffic to your site, contact News Xtend
“Display gives unparalleled reach across your target audiences, today on 1300 935 848
reaching both existing customers and allowing you to prospect
Hardware Australia | 4
South Australian Hardware
Delegation meets with new
SA Treasurer

In August a delegation from the South Australian

Hardware Australia Committee had the opportunity to
meet with the new South Australian Treasurer - Hon
Rob Lucas MLC.
The meeting was very successful and provided an
opportnuity to advise the Treasurer on issues and
matters effecting our industry and to build a ongoing
working relationship.
The delegation provided the Treasurer with an overview
of the industry and spoke in more detail about;
• issues with Bunnings sites and compeition,
• infrastructure planning,
• industry training,
• input into the continuing reform of planning
The SA Industry Delegation meeting with the
Hon Rob Lucas MLC SA Treasurer
• providing an ongoing avenue for industry to raise (L-R) Vito Nocera, Rod Evins, Hon Rob Lucas and George Demourtzidis
matters, concerns and provide input directly to the
SA Government.
We look forward to contining to develop a close
relationship with the SA Government for the benefit of
all Hardware Australia members.
Members wishing to highlight matters effecting them
should contact the Hardware Australia Executive or the
SA Hardware Australia Committee.

Hardware Australia | 5
Regional Stores Scoop the
Awards at Queensland
Hardware’s Night of Nights.

On the 21st July the Queensland hardware industry came

together to celebrate everything that is great in hardware
with the hosting of the 2018 Queensland Hardware Industry
With over 140 people attending the event at the Grand
Chancellor in Brisbane, the night was themed as a
Masquarade with guests getting right into the swing of the
night. This years event also saw statewide media coverage of
the event with a full page colour article covering the event.
Store winners on the night were;
Hardware Store of the Year - under 2500sqm
Raff Group Pittsworth
Hardware Store of the Year - over 2500sqm
Porters Mitre 10 Mackay City
Trade Store of the Year
Sunshine Mitre 10 - Kunda Park
Garden Department of the Year
Porters Mitre 10 Mackay City
“ It was great to see many of the regionals stores
taking out the awards as an indicator of how
strong the industry is across the state” - said Scott
Wiseman Executive Officer Hardware Australia.
The Queensland Awards also recognises the symbiotic
relationships between stores and suppliers working
together to ensure strong independents survive.
Suppliers awarded on the night for being the best
in their categories as nominated by stores were;
Raffs Group Pittsworth wins Store of the Year -
under 2500sqm presented by Makita
Hardware Australia | 6
Suppliers of the Year The Industry Rising Star in one of the major awards of
the night with the winner receiving a trip to Melbourne
Paint & Accessories - Sherwin Williams
for National Hardware Week in 2019 where they will
Garden & Outdoor - Searles experience industry tours, special meetings, training and
Tools - Makita Australia presentations at the National Hardware Awards at the
Timber - ITI Australia
The 2018 Rising Star finalists were; Branden Grady -
Plumbing & Bathroom - Philmac Sunshine Mitre 10 Nambour, Kian McAuley - Loganholme
Hardware & Fittings - Bremick Mitre 10, Daniel Poole - Agricultural Requirements.
Building Products - Cement Australia The 2018 Hardware Industry Rising Star went to Branden
Grady - Sunshine Mitre 10 Nambour. Congratulations and
With the Overall Supplier of the Year being Makita Australia good luck to Branden as he will now represent Queensland
who received the most nomination votes from stores across at the national awards in 2019.
all categories.
The Individual Awards presented on the night include the
highly contested Sales Rep of the Year.
The top finalists were; Chayd Brown - Makita, Chris Rawlings
- Sunshine Mitre 10, Kerry Low - Sherwin Williams, Nick
Churchill - Makita, Katie Stevens - Karcher, Bernadette
Hayter - Sutton Tools, David Grant - Searles and Brad
Skinner - Philmac.
The 2018 Sales Rep of the Year is Nick Churchill - Makita
Employee of the Year Finalists were; Melina Nichols -
Sunshine Mitre 10 Gympie, Jason Maltby - Bowen Home Gavin Porter Jnr - Porters Mitre 10 Mackay City
Hardware and Joe Costa from Woodstock Timbers. winning the Store of the Year - over 2500sqm
The 2018 Hardware Industrry Employee of the Year is & Garden Department Categories
Melina Nichols - Sunshine Mitre 10 Gympie.

Rising Star Branden Grady - Sunshine Mitre 10 Sunshine Mitre 10 Kunda Park takes out
Gympie presented by Dulux Trade Store of the Year

Nick Churchill - Makita Employee of the Year - Melina Nichols -

2018 Sales Rep of the Year Sunshine Mitre 10 Gympie
Hardware Australia | 7
The Queensland Awards also pays recognition to the Lawrence Burnett - In 1958 Lawrence started working in
longevity of careers within the industry as being something a saw mill and timber merchant before starting his own
truely special with the 30+ years service awards. hardware store in 1960. His love for the industry has come
from the ever grown and changing environment where
Recognised this year are; Clint Spence - Mitre 10 Beaudesert
he enjoys learning about new products and meeting new
,Reg Abbot - Simon Home Timber & Hardware, John
people. He’s often quoted as saying “there’s so much to
Nixon - Stanley Black and Decker, Shayne Scott - Mitre
know and learn”.
10 Beenleigh, Russell Maher - Sunshine Mitre 10, Bevan
Granzier - Agricultural Requirements, Gary Horsfall - Lawrence has been through so much change over the years
Paddington Hardware, Gary Dwyer- Paddington Hardware but he still has fond memories of opening his first drive-
, Trevor Josefki -Sabco. Congratulations to all 30+ Years through facility. You could say he was the pioneer of this as
Service Inductee’s. it was the first one in Queensland.
At this years Queensland Awards we also recognised two Hardware Australia congratulates each of the
Industry Legends with Deen Saint from Sunshine Mitre 10
and also Lawrence Burnett from Doyles Home Timber & finalists and winners across the categories
Hardware. and thank the sponsors of the event for their
Deen Saint - started working in the industry when he was continuing support.
18. His father and brother were builders and he knew he
didn’t want to go into the building trade and things seemed
to fall into place for a career in Hardware. He still has strong
links to the Building industry. From there it was only a matter
of time before he landed his first job working for BBC
Hardware and a smaller Hardware store, where he would stay
for 11 years before joining Sunshine Mitre 10 in 2001

(Above) Deen Saint presented with Legend Award by

Jeff Gibson - Hyne Timbers
2018 - 30+ Service Award Recipients
(Below) Legend Award to Lawrence Burnett accepted
by his son Mark Burnett

Hardware Australia | 8
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Hardware Australia | 9
Hardware Australia | 10
Building Approvals Slow
in July

HIA Media Release : August 2018

the slowdown in approvals.
“The trend of a cooling housing market that has been evident
“In addition, a slowing in Australia’s population growth
throughout 2018 continued in July with a 5.2 per cent decline
since June 2017 coincides with changes to visa requirements
in building approvals,” stated Tim Reardon, HIA’s Principal
announced early last year.
Since then Australia has experienced almost a year of
ABS data released today shows that building approvals in
slowing population growth.
July were 5.6 per cent lower than in the same month last year.
“Irrespective of all of these negative influences, the volume
“The housing market has been cooling modestly since a peak
of approvals for new detached houses have been tracking
late in 2017,” added Mr Reardon.
around their strongest levels in 15 years.
“The market is cooling for a number of reasons including a
“Weaker conditions in a number of states have typically been
slowdown in inward migration since July 2017, constraints on
overshadowed by strong activity in Victoria. With Victorian
investor finance imposed by state and federal governments
home approvals now showing signs of weakness we expect
and falling house prices.
the national trend – of declining building approvals – will
“Finance has become increasingly difficult to access for home continue throughout 2018,” concluded Mr Reardon.
purchasers. Restrictions on lending to investors and rising
Total seasonally adjusted dwelling approvals in July fell in
borrowing costs have seen credit growth squeezed. Falling
New South Wales (-5.2 per cent), Victoria (- 4.6 per cent),
house prices in metropolitan areas have also contributed to
Queensland (-6.0 per cent), South Australia (-26.5 per cent)
banks tightening their lending conditions which have further
and Western Australia (-14.7 per cent). Seasonally adjusted
constrained the availability of finance.
approvals increased in Tasmania by 13.6 per cent. In trend
“An increase in interest rates charged by banks will accelerate terms, total dwelling approvals in July increased by 4.5 per
cent in the Northern Territory and in the Australian Capital
Territory (12.2 per cent).
For further information please contact:
Tim Reardon, Principal Economist 0423 141 031
Shane Garrett, Senior Economist 0450 783 603

Hardware Australia | 11
South Australia Celebrates
Industry Excellence at the
SA Hardware Awards
The South Australian Hardware industry came together on the
2nd August to celebrate the Annula Hardware Industry Awards. Pinks

This years new venue, the Stamford Grand at Glengl, played Mitre 10
host to the over 100 attendees from all over South Australia for Winners
the Awards. Store of the
Announced on the night were the hotly contested store awards, year under
the supplier of the year categories, employee of the year, rising 2500sqm
star and the industry legend award.
The Store of the Year awards are judged via combination of
interviews and store visits across the key areas of business Glynde
performance, strategy, training, innovation, customer service,
Mitre 10
marketing and community engagement.
The 2018 Store Award winners were;
Store of the
2018 Hardware Store of the Year under 2500sqm year over
Pinks Mitre 10 2500sqm
2018 Hardware Store of the Year over 2500sqm
Glynde Mitre 10
2018 Trade Store of the Year Barossa
Mitre 10
Barossa Mitre 10
2018 Garden Department of the Year
Trade Store
McLaren Vale Mitre 10 of the Year
This years store winners receive a professionally written media
release to assist in maximising the promotion of their success
as well as coverage of the announcements in wider scale media
releases from Hardware Australia. McLaren Vale
Also awarded on the night were the Supplier of the Year award Mitre 10
categories with many of the industy’s top suppliers featuring. Winners
these awards are judged based on nominations from the stores
as to the best in each of the supplier categories. Garden
of the Year.
The 2018 Supplier of the Year winners are;

Hardware Australia | 12
2018 Building Products Supplier of the Year
Adelaide Brighton
2018 Garden Products Supplier of the Year
2018 Timber Supplier of the Year
2018 Paint Supplier of the Year
2018 Tools Supplier of the Year
Makita Australia
2018 Hardware Supplier of the Year
ITW Proline
2018 Electrical & Lighting Supplier of the Year
HPM Legrand
2018 bathroom Supplier of the Year
The overall supplier of the year with the most nominations
from stores across each of the supplier categories.
The 2018 Overall Supplier of the Year is Makita
The 2018 SA Hardware Awards individual awards
encompassed the Sales Rep of the Year, Employee of the 2 Rising Stars awards. This years 2018 Industry Rising
Year, Rising Star and the Hardware Industry Legend. Stars finalists were; Ben French - Barrow and bench
Mitre 10, Ammy Martin - Gunnersens, Alyssa Owen -
Sales Rep of the Year finalists were;
Adelaide Brighton Cement, Matthew Micale - Banner
Denise Collett from Yates, Maree Staehr from Selleys, David Mitre 10 Norwood, Thomas Roenfeldt - Banner Mitre 10
Horasio from James Hardie, Tim Gilbourne from ITW Norwood and Fraser Moore - Makita.
Proline, Luke Webb from Valspar/Sherwin Williams and
The 2018 SA Hardware Industry Rising Star’s were;
Mark Rowley from Spear & Jackson.
Fraser Moore - Makita and Thomas Roenfeldt - Banner
The SA Sales Rep of the Year 2018 went to Luke Webb from Mitre 10 Norwood. ( See picutres next page)
Valspar/ Sherwin Williams. Luke was humbled and surprised
The Rising Stars receive a trip to Melbourne for National
by the win, up against the other finalists, but pleased to know
Hardware Week in early 2019 inlcuding tours, training in
his hard work is recognised by his customers.
the Future leaders Program, 12 months mentoring and
The Employee of the Year category finalists were; special events throughout the week.. Congratulations to
Darryl Chaplin - Barrow & Bench Mitre 10, Kellie Mink both the SA Hardware Rising Stars and good luck for
- Banner Mitre 10 Norwood, Brett Joseph - Banner Mitre Melbourne.
10 Distribution Centre, Simon Beggs - Banner Mitre The highlight of the night sees the inducting of the
10 Millicent, Wandee Sabato -Banner Mitre 10 Glenelg, Hardware Industry Legend. This years legend joined
Anthony Butz - McLaren Vale Mitre 10, Lee Alty - Banner the industry in when he was 15 years old and has been
Mitre 10 Mt Barker and Rachel Newson - Banner Mitre 10 successful in building mulitple businesses throughout his
Naracoorte. career. He is also a huge community supporter with some
The Winner of the 2018 Employee of the Year is Rachel 35 years volunteering to the country fire bridge. The 2018
Newson - Banner Mitre 10 Naracoorte, unfortunately South Australian Hardware Industry Legend is Simon
Rachel couldnt attend the night so the award was accepted Henderson from Balhannah Mitre 10.
by Matthew Evins - Director, Banner Mitre 10. In his accepting the award, Simon recalled some of the
One of the key awards of the night is the Hardware Industry highlights of his time in the industry and the importance
Rising Star Award. This year this award had 6 finalists of the support from his wife Jodie and the all of the people
with the overall top two being so evenly matched that the he has worked with in the past 30 years. Congratulations
SA Committee took the unprecedented action to award to Simon Henderson as the 2018 Industry Legend.

Hardware Australia | 13
The 2018 South Australian Hardware Industry Awards was a
great success. The event is also an opportunity to raise money
for the Make A Wish foundation with the silent auction during
the night. South Australian events have been supporting Make
A Wish for the many years.
Thank you to the generous support of the event sponsors. We
encourage you to support those companies who are supporting
you and your industry.

(Above) Rising Star Winner Fraser Moore - Makita

(below) Thomas Roenfeldt - Banner Mitre 10

2018 SA Hardware Industry Legend

- Simon Henderson

Hardware Australia | 14
Hardware Australia | 15
Hardware Australia | 16
New South Wales Hardware
Industry Legends and Awards
The 17th August saw the NSW Hardware Industry Legends
and Awards Luncheon held in the exclusive Member Pavilion
at the Sydney Cricket Ground (SCG).
This is the 10th year of the event and with the room almost
bursting at the seams the hardware industry came together
to celebrate and acknowledge achievements in the industry.
Special guest speaker for the day saw the return of Kerry
O’Keeffe to the event, having previously been involved
many years ago. Kerry was his ever hysterical self having
everyone in stitches during his address.
The event is reportedly one of the best events so far, so if
you weren’t lucky enough to be there, sorry but you missed
The awards announced as part of the event saw the winning
stores being;
Hardware Store of the Year - under 2500sqm
Cameron’s H Hardware
Hardware Store of the Year - over 2500sqm
Johnson’s Mitre 10 Mona Vale
Trade Store of the Year
Pulbrook Trade - Bowral
Garden Department of the Year
Gubbins Home Hardware Moss Vale
Congratulations to all of the store finalists and winners. As
part of the prizes for winning stores, they receive a media
release to assist them in maximising the promotion of their
The Awards also recognise the relationships between stores
and suppliers working together to ensure strong independents

Hardware Australia | 17
survive. Thus the supplier awards are an important part of
the event.
Suppliers awarded on the day for being the best in their
categories as nominated by stores were;
Supplier of the Year – Building Products Category
Cement Australia
Supplier of the Year - Garden & Outdoor Products Category
Supplier of the Year - Hardware Category
ITW Proline Cement Australia celebrate as
2018 Building Category Supplier of the Year
Supplier of the Year - Paint Category
Supplier of the Year - Tools Category
Makita Australia
Supplier of the Year - Timber Category
Supplier of the Year - Electrical & Lighting Category
HPM Legrand Australia
Supplier of the Year - Bathroom Category
Linkware The Makita Australia team take out
Overall Supplier of the Year, which is the supplier who NSW Supplier of the Year
receives the most nominations from stores across all
categories, was awarded to Makita Australia. In accepting
the award Shane McMullen - National Key Accounts
Manager Makita acknowledged the hard work that the team
in NSW had been doing this year especially.
The next awards were the individual awards with ;
Sales Rep of the Year : Finalists were; Dylan Rae - Makita,
Brad Williams - Dulux, Lisa Cupitt - Bremick, Scott Kellett
- Ames, Ryan Covier - ITI Australia, Daniel David - Meyer
Timber, Warren Paull - Bremick, Trevor Joyce - Ox Group
The Winner of NSW Sales Rep of the Year was Brad NSW Sales Rep of the Year
Williams - Dulux. Brad Williams - Dulux
Employee of the Year: Finalists were; Paul Pedron - Petrie’s
Mitre 10 Mudgee, Mark Bennett - HR King & Son’s Home
Hardware, Monica Wright - Petrie’s Mitre 10 Bathurst,
Nathan Bennett - HR King & Son’s Home Hardware,
Matthew Rombouts - Bungendore Rural Supplies
2018 New South Wales Employee of the Year winner is
Paul Pedron - Petrie’s Mitre 10 Mudgee
Rising Star Award: Finalists were; Christina Le -Bremick,
Andrew King - HR King & Son’s, Josh Holzheimer - Petrie’s
Mitre 10 and Russell King - HR King & Son’s.
The 2018 NSW Hardware Industry Rising Star is Josh
Holzheimer from Petrie’s Mitre 10. Employee of the Year Finalists with Winner
The Rising Star winner receives a trip to Melbourne for Paul Pedron - Petries Mitre 10 Mudgee
National Hardware Week in early 2019. Included in the
Hardware Australia | 18
week are industry tours, training in the Future Leaders Industry
Program, sponsors dinners and the National Hardware Awards
at the MCG.
Congratulations to Josh and good luck for Melbourne in 2019
The ultimate award of the event is the inducting of the Hardware
Industry Legend for 2018. The years legend has hardware in
his veins with some 63 years in the industry. He built his first
hardware store in 1955 which he ran 40 years with his late sister.
Now is his 90’s the legend for 2018 is Ron Taffa from Taffa’s
Mitre 10. Accepting the award was Ron’s son Anthony who read
a speech prepared in Ron’s words. He recalled the highs and lows Rising Star Finalists with Winner Josh
of the industry with countless changes over the 63 years but he Holzheimer
has always had the passion and it is as strong today as it was when
he began his career.
Congratulations to Ron Taffa as the 2018 NSW Hardware
Industry Legend.
This years event was one of the best events yet and enjoyed by all
who attended. Thank you to all of the generous sponsors. If the
event continues to grow as it has been, you’ll have to be quick to
book your seats next year or you’ll miss out.
Please support the companies who sponsor these events as they
support you and your industry.
Johnson Bros Mitre 10 Monavale
- Winner Store of the Year over 2500sqm

Rising Star Finalists with Winner Josh

Gubbins Home Timber & Hardware
- Winner Garden Centre of the Year

Pulbrook Trade - Bowral

- Winner Trade Store of the Year

Hardware Australia | 19
Hardware Australia | 20
Hardware Australia | 21
Hardware Qualification uptake
growing across the country.
The exciting news is that the Hardware Certificate program
continues to expand across the country with interest and
enrolments coming in from all states.
Now is the time to upskill your workforce and build their
13 Units completed in under
professionalism via the industry qualification. 18 months
The program has been specifically designed by industry to
meet the needs of the hardware with three elective specialty
areas of hardware, timber and nursery available. 8 Core Units + 5 Electives
The course encompasses 8 core units with a further 5
electives which can be chosen from the 3 streams.
For example someone working within the garden centre of Choose from specialist areas
your hardware business may choose to specialise their study
in the nursery/garden stream, similarly the timber stream in Hardware, Timber or
will suit those specialising in the timber yard.
The program incorporates a range of flexible delivery
methods that allow students to progress more rapidly if they
choose to with the support and teaching accompaning.
Full Fees (without any subsidy)
This varied approach is also designed to allow the program
to be delivered into remote locations and stores utilising $2650 (no gst)
technology to enhance the learning experience.
Enrolments are available now, Government funding and
subsidies may be available depending on your locations
and the participant(s). These will be discussed during the
enrolment process.

For further information or to enrol any

of your staff please contact Hardware
Australia on 1800 44 55 22 or email

Hardware Australia | 22
Going from Strength to Strength
It is with great excitement that WIH launches it’s newsletter this
coming month, with the first issue packed full of information, profiles
and interesting topics. The newsletter is aimed at keeping WIH
members and the industry up to date with WIH activities and what is
happening in your industry and in your area.
In February WIH held our first face-to-face committee meeting. It
was a great opportunity for the Committee to meet face to face and to
get to know each other, other than via teleconferences. The meeting
also provided a “think tank” for the future of WIH and what they
want to achieve.
So what can you expect from your WIH membership?
·National and State based events
·Facebook Group for discussion, mentoring and support
.Seasonal newsletters
·Webinars with topics that range from; real life stories, managing
assault in the workplace, how to apply for positions.
Make sure you look out for the e-newsletter in your email box soon
or it will be available via the WIH Face Book page.

Upcoming State Events:

SA/ NT 21st of September 2018 - 6.30pm
Uleybury Wines, 719 Uley Rd, Uleybury
$25 per head (includes welcome drink on arrival and finger food)
This is a social event - Partners and friends welcome.
RSVP to amanda@malvernmitre10.com.au by 14th of September
Thursday 4 October 2018
7:00am – 9:00am Registration from 6:45am Peninsula, Central Pier,
161 Harbour Esplanade, Docklands VIC 3008

Hardware Australia | 23
Federal Court Throws
Employment into a Spin
August 28, 2018 Term Employee Terms & Conditions misconduct, Mr Skene was removed
of Employment”. from the Rio Tinto site and thereafter
By Alex Millman and Lindsay Carroll,
did not work for WorkPac again.
NRA Legal Around June 2010, Mr Skene sought
a ‘fly in, fly out’ position at a suitable On the termination of his employment,
In a decision handed down on 16
mine site, and located a position for a Mr Skene was not paid any money as
August 2018, the Full Court of the
dump truck operator at a mine operated accrued but unused annual leave. He
Federal Court of Australia has thrown
by Rio Tinto in Clermont, central subsequently brought proceedings
casual employment, and the efficacy of
Queensland advertised by WorkPac. against WorkPac to recover this
its use, into a tailspin.
Mr Skene applied for this position, and
In a case which is likely to be appealed
was informed that if he was successful The decision at first instance
to the High Court by the employer,
in obtaining the position, he would after
the Full Court held that an employee At trial before Judge Jarrett of the
a probationary period of three months
who was described by his employer Federal Circuit Court, His Honour
be made a permanent employee.
as a “casual” was, in fact, not a casual concluded that Mr Skene was a
employee at all, and therefore entitled Mr Skene was successful in obtaining permanent employee for the purposes
to annual leave payments. the position and was provided with a of the annual leave provisions in the
Notice of Offer. The Notice of Offer Fair Work Act 2009 (Cth) by virtue of
WorkPac Pty Ltd v Skene [2018]
provided for a 38 hour week plus the nature of his pattern of work.
reasonable additional hours, and made
Although Mr Skene’s contract for the
The facts no reference to this engagement being
Rio Tinto site did not expressly state
Mr Paul Skene was employed by casual in nature.
that he was a permanent employee,
WorkPac Pty Ltd (WorkPac) as a dump On 20 July 2010 Mr Skene commenced the provision for 38 hours per week,
truck operator at a coal mine in central work at the Rio Tinto site. the absence of any reference to the
Queensland operated by Anglo Coal engagement being casual, and the
Mr Skene continued to work for
from 19 April 2010 to 17 July 2010. regularity of the engagement all pointed
WorkPac at the Rio Tinto mine for the
Prior to commencing this engagement, towards Mr Skene being a permanent
rest of 2010. In January 2011 WorkPac
he was given a “Notice of Offer of employee.
provided him with a 12-month roster,
Casual Employment”, and he executed
and did so again in January 2012. In However, His Honour also concluded
a document titled “Casual or Fixed
April 2012, following allegations of that Mr Skene was a casual employee

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Hardware Australia | 24
for the purposes of the relevant enterprise him he was a casual employee when he Factors indicating the absence of a firm
agreement, as he had been informed at commenced work with them in April advance commitment as to the duration
the commencement of his employment 2010 should be the end of the matter. of the employee’s employment included
with WorkPac in April 2010 that he was a irregular work patterns, uncertainty,
However, Mr Skene argued that this
casual employee. discontinuity, intermittency of work
clause in the enterprise agreement simply
and unpredictability.
This therefore meant that whilst Mr Skene required the employer to tell him his
was entitled to annual leave under the correct employment status, as determined The Full Court emphasised that these
terms of the Fair Work Act 2009 (Cth), by an objective assessment of the facts. It factors did not need to be present in all
he was not entitled to the 20% annual did not grant WorkPac the right to elect circumstances in order for a person to
leave loading provided for in the relevant the status of a worker. be a casual employee, so long as there
enterprise agreement. was no firm advance commitment by
The Full Court ultimately held in favour
the employer to the engagement of the
His Honour ordered that WorkPac pay of Mr Skene. The enterprise agreement
Mr Skene annual leave, but not annual did not define what constituted casual
leave loading, that he would have accrued employment, and therefore determined The Full Court noted that a stipulation
in his employment with WorkPac, but that it must necessarily be the same as that in a contract, enterprise agreement
declined to impose pecuniary penalties within the Fair Work Act 2009 (Cth). or modern award that an employee
for the consequential breach of the Act. is engaged on a casual basis, or the
Moreover, the enterprise agreement
payment of a casual loading, may be a
The appeal merely required WorkPac to ‘inform’ the
factor to be taken into account when
Mr Skene as to whether he was a casual
Both WorkPac and Mr Skene appealed making this assessment, but ultimately
employee; it did not give WorkPac the
the original decision. the question was a balancing exercise
express right to elect whether he was a
WorkPac appealed on the basis that Judge casual employee. for the courts.
Jarrett was wrong to classify Mr Skene Applying these principles, the Full
In addition, the Full Court considered
as a permanent employee, and therefore Court determined that Mr Skene was
it wrong to suggest that just because
wrong to order the payment of annual a permanent employee under both
WorkPac had, in April 2010, told Mr Skene
leave. the Fair Work Act 2009 (Cth) and the
that he was a casual employee forever
Mr Skene appealed on the basis that prevented him from being anything other relevant enterprise agreement. The
Judge Jarrett was wrong to classify him than a casual employee. Such a position question of additional compensation
as a casual employee under the relevant failed to take into account the prospect payable to Mr Skene, and the imposition
enterprise agreement, and consequently of any changes in the nature of the of pecuniary penalties, we remitted
wrong in the amount of annual leave employment relationship, and potentially back to the Federal Circuit Court.
ordered to be paid to him. He also argued allowed for an employer to dictate terms The fallout
that Judge Jarrett was wrong to not of employment that did not reflect the
This case may have significant
impose pecuniary penalties on WorkPac. reality of the situation.
consequences across all industries, but
The approach of the Full Court The ‘essence of casualness’ most significantly in retail, fast food
The Full Court conducted an exhaustive The Full Court went to great lengths to and hospitality where the rate of casual
review of the case law and substantially try and extract a concrete meaning of employment is above average.
agreed with Judge Jarrett’s decision. ‘casual employment’ from the Fair Work Whilst to a degree the case necessarily
However, the Full Court held that Judge Act 2009 (Cth). This required a great deal turns on its own facts, the rationale of
Jarrett was wrong when he classed Mr of case analysis as, alarmingly, the Fair the Full Court in its decision means that
Skene as a casual employee for the Work Act 2009 (Cth) does not define if a casual employee has some kind of
purposes of the enterprise agreement. casual employment. firm advance commitment to ongoing
employment, then that employee may
The enterprise agreement, like the Fair The Full Court determined that, in the
not be a ‘casual’ employee for the
Work Act 2009 (Cth), did not define absence of a definition, the nature of a
purposes of the National Employment
casual employment, but simply provided particular individual’s employment needs
for the existence of casual employees to be assessed according to objective
and required the employer to inform the indicia, not simply the say-so of any party This would mean that such an employee
employee of their status (full-time, part- to the employment relationship. is entitled to notice of termination
time or casual) at the commencement of or pay in lieu, redundancy pay, annual
The “essence of casualness”, the Full
their employment. leave, sick leave, and other entitlements
Court determined from the case law,
typically reserved only for non-casual
WorkPac contended that, because the was the absence of a firm advance employees.
enterprise agreement required it to tell commitment as to the duration of the
Mr Skene whether he was full-time, part- employee’s employment. Administrative convenience means
time or casual, the fact that they had told that, in many businesses in the retail

Hardware Australia | 25
and fast food sectors, casual employees HA/NRA is working with other industry particular risk to claims under the
are engaged with a reasonable degree groups to determine an effective means National Employment Standards.
of regularity from week to week, and forward from this decision, including
HA/NRA’s team of dedicated
lobbying government for changes to the
generally with a reasonable assurance that, employment law specialists can help
barring any valid reason for dismissal, Fair Work Act 2009 (Cth) to clarify the
you to understand more about this case
they will continue to be employed. position of casual employees. However,
and how it may affect your business.
with a Federal election looming in the
The law around unfair dismissals also We can also help you review your
not-too-distant future, it is unlikely that
means that casual employees are generally current employment practices to
any such amendment will occur in the
assured of roughly the same number identify areas of risk and advise on
near future.
and pattern of hours each week, lest strategies to minimise any potential
the employer end up in the Fair Work In the immediate term, employers should damage.
Commission in a case of ‘constructive’ review their employment arrangements
dismissal. and identify any casual employees whose To find out more, call
working arrangements may present a 1800 44 55 22 .

Hardware Australia | 26
Business Planning from
a Legal View
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Effective planning will save you and
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MODULE 1 Topics include:
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Hardware Australia | 31
Hardware Hotline 1800 44 55 22
Hardware Australia | 32