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Ethics

Will Tabcorp breach retailers who do not self assess?

Tabcorp pays a business to send people to lottery outlets to check (audit) compliance with signage and other requirements.

Through Covid, Tabcorp suspended this service and instead asked (encouraged) retailers self assess. The company offered no compensation for this. Indeed, it was put as a polite request.

Retailers have told me they have been threatened with a breach by a Tabcorp representative if they do not complete the self assessment.

If true, this is the company using a heavy financial weapon against these businesses because the businesses have not done for Tabcorp, for no compensation, something that Tabcorp wants only for themselves.

This would be appalling and bullying behaviour.

Tabcorp preferences paperwork over sales, it preferences keeping small business retailers performing like circus monkeys with threats if they do not complete the circus performance routine exactly as Tabcorp demands.

You can have a small business retailer delivering net sales growth to Tabcorp and yet the company will issue bullying emails and threats of breach if the retailer does not do the act that Tabcorp demands.

Making financially harmful threats to small business owners in the middle of covid is appalling and bullying behaviour.

The harm of threats by Tabcorp against small business retailers have been considerable emotional, but the compare does not appear to care. It takes a toll at a difficult time, in the middle of Covid, with challenges in-store and in local communities, but Tabcorp and its people do not appear to care.

Tabcorp has been no help through Covid, it has offered no support. 

I get that there will be people at Tabcorp who will say he is just ranting against us as he usually does. They’d be right for there has been plenty to rant about when it comes to Tabcorp and its treatment of small business retailers. They screw up time and again, hurting businesses and those who run them. Indeed, the personal emotional cost I have seen has been considerable.

Frankly, I don’t personally care as I don’t have The Lott (Tabcorp) in my businesses and never will. I cannot and will not work with that company as their treatment of small business retailers is unprofessional, disrespectful and bullying.

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Ethics

News Corp. fails at newspaper delivery in central Queensland

As regional central Queensland newsagencies started to close yesterday afternoon, Saturday, some had not received their News Corp. newspapers for the day.

What a failure by News Corp.

There is no point delivering newspapers for sale after the Newsagency has closed.

What makes the News Corp. cock up worse is that some newsagencies get their papers by 7am while newsagencies 15 minutes away do not get theirs until hours later.

This is an appalling situation. What makes it work is that newsagents are finding it challenging to find anyone at News Corp. who accepts responsibility suability for the situation.

Newsagents have a right to be angry. News Corp. has stuffed this up. The changed implemented are their changes, months in the planning. No consultation., No listening to local experts.

What a mess.

What makes it worse is that News Corp. through its mismanagement is hurting small business newsagents. News Corp. It is adding to personal stress, an emotional toll, on these newsagency families and the communities they serve. Yet, no one in News Corp. is accepting responsibility.

Part of the problem appears to be News Corp.’s decision to not employ drivers. It wants people with an ABN, to be contracted. I wonder if this is a decision by the company to circumvent labour laws. If what I have heard about driving time is true, I can understand why you’d want to contract a business rather than hire someone. A 10 hour drive each day feels unsafe to me, but this is, I am told, what is being required by the company.

A newsagent colleague wrote this to a News Corp. executive, who washed their hands of responsibility in response:

What happened to all the conditions we signed up too, when we were interviewed all those years ago to be acceptable newsagents for your company.

You don’t hold yourself to the same standards.

This is not only, not acceptable to your loyal retailers, loyal customers but it is a huge health and safety risk to your contractors.

This should never have happened. This should have been sorted out before the closure of The Morning Bulletin and the closure of the Rockhampton Print site.

We are beyond angry at the appalling standard of service Newslimited is giving it’s long term retail partners, but not surprised.

News Corp. failed early on this and they have maintained their failure. It’s like they don’t care.

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Ethics

News UK cuts newsagent newspaper margins

Newsagents in the UK are angry that News UK has increased the newspaper cover price and cut newsagent margin. Better Retailing has the details:

The NFRN has said “enough is enough” on newspaper margin cuts after News UK increased the price of The Times, but introduced a 0.5% drop in percentage terms for retailers.

From today (6 July), the cover price of Monday-to-Friday editions of The Times have risen by 20p to £2, while the margin for retailers has dropped from 21.5% to 21%, bringing the margin in line with the title’s weekend editions.

Its weekend titles will also increase in price, with the Saturday edition rising 20p to £2.20 and The Sunday Times moving up to £3. However, margins will be maintained at 21%.

This is an appalling move by News UK and one that should capture the attention of Australian newsagents.

The margin percentage cut and the cover price increase play on each other to intensify the financial hit to retailers including small business newsagents.

News Corp. in Australia is on a mission to cut operating costs and improve their own financial position as much as possible. Newsagents have seen this through the change in treatment of margin in recent years, closing of newspapers, changes to distribution arrangements and more.

UK newsagents are known for being strong and swift to act when they are wronged. I expect there will be considerable push back against the News UK move.

News UK is not alone in having on cover price and retailer margin in the UK:

Newspaper retailers can make their decisions as to what they stock. I know of newsagents who have decided to not stock newspapers because of the declining percentage of gross profit and because of declining sales. One I spoke to recently said that even though customers ask about papers almost daily, not offering reduced a key personal stress point for them.

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Ethics

What is it with big businesses and communication?

On top of corona challenges, small business newsagents are confronted by channel-specific challenges right now because News Corp., Tabcorp, Ovato and others are letting them down on basic business communication.

Ovato made magazine distribution changes in NSW/ACT and even this morning there are newsagents unsure of when magazines will arrive and where they will be delivered.

News Corp. closed papers and changed distribution arrangements and there are Queensland newsagents a week on still not getting papers until close to lunchtime.

Big supplier businesses need to do better if they are genuinely interested in small business retailer business. I suspect their major customers, like the supermarkets, will have received better and more regular communication.

If their comms is anything to go by, they don’t value small business newsagent business in the medium to long term. Maybe that is the message.

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Ethics

News Corp regional newspaper deliveries are a mess

I doubt we will get papers today.

They don’t care about regional Queensland.

It’s a joke.

News Corp. Is killing our newspaper sales.

Plenty of newsagents in Queensland are angry at botched and late deliveries by News Corp. Hearing about late and entirely missed deliveries from regional newsagents, in towns where a paper with local news still matters, is heartbreaking. Customers are angry too.

This is the last time I try and buy a paper at the newsagents.

Haven’t you paid your bills. (On seeing no newspapers)

I came all the way into town to buy a paper. It’s 10am. (Yelled)

One newsagent contacted News Corp. to discuss the delivery route, to try and get papers to their shop before 11 each morning and the News Corp. response was could you create a new route for us to follow because you know the area better than us. This might have been a reasonable position if the company was preparing for the changes. It is unacceptable from the company after their changes, controlled by them, have been implemented.

By any measure, what News Corp. is doing with regional newspaper delivery in Queensland is a mess. Regional and rural locations are missing out, and, from what I can tell, the company cares less.

It’s like they want this to fail.

I wonder if the newsagent who said this is right.

The reality is that newsagents make too little from newspapers to invest time in resolving the problems caused by the News Corp. newspaper distribution changes. Some have questioned whether quitting papers altogether is what they should do rather than putting up with the mess created by News Corp. This is not made up, there are newsagents discussing this.

What a mess by News Corp., a company that invests heavily through various platforms telling Australians and Australian governments what to do. Here they have demonstrated inability to properly and professionally manage their own backyard.

News Corp. controlled the decision making and the timing of implementation. The closure of regional papers and the merging of limited local news in remaining times are decisions the company made. It has only itself to blame for the mess, the anger of customers and the utter frustration of newsagents.

The company needs to urgently resolve the situation and to considerably improve its communication lines for retail and distribution newsagents. Again, that this is being asked for after the implementation of the changes is core.

What a mess.

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Ethics

Small business retailers on the mixed messages about the future of cash in Australia

Aussie media outlets are reporting that the future of cash is challenged in Australia following the surge in cashless transactions. These stories were strong early in this corona world and then they landed away. This week, the cashless stories have bounced back with several media outlets reporting on this. Here are some of the stories:

Small business retailers talk of mixed messages about cashless. Many talk of customers who are happy with cashless, prefer cashless but who demand cash when people paid a lottery prize. In several cases told to me this week, the same customers who preferred to pay using a card were angry when told that a business didn’t have the hundreds of dollars for lottery prizes because they had not gone to the bank to get more cash.

The challenge is that cash in provided lottery retailers with a cash float for prize payouts. Today, plenty of lottery retailers are having to go to the bank to withdraw cash to cover small prizes. This situation is worse when a lottery game jackpots and the prize passes $20M. The higher the prize the higher the draw on cash for small prize payouts.

Tabcorp is being no help here. The company appears disinterested in supporting small business retailers with a refund to card option being available where a business does not have the cash.

With bank branches closing in plenty of smaller regional towns, the cost of having cash for lottery payouts in this world were is used less is problematic for some lottery retailers.

The disconnect between some businesses and among some considers about cashless makes it a topic worthy of deeper analysis. I think too many news reports on this topic so far this year have been shallow. A deeper dive is needed and along the way companies like Tabcorp need to engage as they have not, so far on this, been small business retailer friendly.

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EFTPOS fees

It’s as if Tabcorp just realised that Covid was a thing

Tabcorp contacted retailers a week ago advising (requiring) that they, retailers, put up a Tabcorp poster about Covid and social distancing.

What makes this hilarious and frustrating is that engaged retailers did this in March, three months ago. Better still, they used federal government issued signs and followed the federal government outlined guidelines and protocols.

Now, here is Tabcorp, late to the party, telling retailers what to do and doing do in the usual heavy-handed Tabcorp approach that left retailers wondering if they would be breached it they did not do what Tabcorp did and, instead, followed the approach recommended by the federal government. While the company did eventually clarify this was not a requirement, their useless communication left people wondering for a few days.

That Tabcorp would even think they should write to retailers about this in June is nuts, stupid and time wasting for retailers. But, hey, it’s Tabcorp.

While I get there will be some petals in Tabcorp who think this post is unfair. The facts are the facts. This is an own-goal by the company, something they could have easily avoided.

It is lottery retailers who have delivered the best commercial outcomes for Tabcorp over the course of Covid. Maybe some respect and appreciation is in order, instead of their usual big stick

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Ethics

Australian news outlets run spin on the story of news and tax

The AFR had a crack at Facebook today about their tax paid in Australia.

Facebook Australia was paid nearly $674 million by local advertisers using its platform in 2019, but it trimmed its income tax bill to a little under $17 million through a reselling arrangement that minimised its profits to $22.7 million.

Tax is 2.5% of Facebook revenue whereas tax is 1.76% of revenue for News Corp according to ATO data reported by Michael West: News Australia Holdings revenue over 5 years = $13.9B, taxable income = $246M, tax = zero. Source ATO corporate tax data, as reported by @MichaelWestBiz.

Yes, I get the AFR story is because of the Facebook data being just released. For me, the broader context is interesting.

Our tax system is broken. Tax systems around the world are broken. These massive companies that have the ear of politicians fail to be social responsible tax citizens.

By all means the Nine papers can report about tax paid. However, good journalism would see them report more completely and accurately.

While I am no economist, I wonder about a mechanism of capturing a small percentage of money leaving any Australian bank account. That way, businesses paying Facebook, Google, Twitter and others  for ads make the tax contribution they fail to make. Likewise, people paying News Corp. for a subscription make a small tax contribution covering what their structure facilitates them minimises.

Our economy needs tax dollars to fund healthcare, education and infrastructure. tax is another area where small business does heavy lifting.

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Ethics

What will happen with China, will it impact the supply chain?

Australian shoppers are keen for Australian made – more so now than at any time I can recall.

Suppliers of Australian made products to newsagents, and all retailers, need to ensure that their products pitch this and that they support this with in-store collateral like shelf talkers.

Since COVID hit and more so in recent weeks as tensions with China have escalated in Australia and even in the last week as democracy in Hong Kong has come under attack from Beijing, Australian shoppers and retailers are more wary of China sourced product.

Will this be a long term concern? It’s hard to say. It is, however, enough of a concern in my view that I expect some suppliers are actively working on adjustments to their supply chain so as to not be impacted by anti China sentiments.

I have been discussing the situation with several newsagents and some suppliers and feel that it is Beijing’s moves against Hong Kong that represent the most significant risk to the commercial viability of China sourced products.

Does this mean newsagents don’t want to source products from China? No. However, it does mean that it is of concern and that means it should be on the minds of suppliers.

In my view, what is happening in Hong Kong showcases suppression of long-standing, well established democracy. If Beijing continues on its current path, I expect to see the world respond. This is why I hope suppliers of products sourced from China have alternatives in development so that supply is not impacted.

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Ethics

Is News Corp. using Airtasker to check up on Chemist Warehouse?

Check out this ad from Airstaker:

Here is a listing of similar ads:

I heard of the same listing on Airtasker being run interstate too.

Someone is keen to know how newspapers are being displayed in unnamed pharmacies. Chemist Warehouse is the only pharmacy group selling newspapers as far as I am aware. It’s a new relationship between News Corp. and Chemist warehouse, which I wrote about here.

Whoever Andrew V, the poster of the task, is, they must have put plenty of tasks on the gig economy platform as they have 1,749 reviews.

If this is News Corp., is this a new model for checking non retailers? Also, is there an issue with the Chemist Warehouse relationship when it comes to newspaper placement in-store.

It’s low-ball pricing: $12 to go to the pharmacy, buy a paper, take photos and answer questions about what you saw. The offered $12 includes the cost of the paper.

A merchandiser visit to a store for as little as 15 minutes costs between $35 and $50 from what I am told by companies using such services. The $10 for labour offered by this Airtasker poster is low-ball by this measure.

I guess a question is, are any suppliers taking a similar approach with checking on other retailers, like newsagents.

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Ethics

Shopping centres charging for marketing when there is none? You betcha!

Marketing is an expensive part of outgoings charged by major centre landlords to its tenants.

Imaging how small business retailers feel about being charged through this COVID-19 situation with no marketing services being delivered.

What a scam! But, they will get away with it as they always do. They have deep pockets and good lawyers.

So yes, there are major landlords charging marketing fees with no services being provided whatsoever while at the same time not charging anything to big name retailers who closed their doors to sit out the lockdown.

It sucks and provides yet another example of the awfulness of being an indie retailer in an Australian shopping mall.

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Ethics

Tabcorp tells retailers they are important – but actions don’t match words

Check out what Tabcorp sent their retailers this week. Yep, they sent this to retailers who are feeling ripped off by this company that absolutely does push online over in-store and pays retailers an offensively small sum for support growing Tabcorp’s online revenue.

Retailers won’t complain publicly because they fear Tabcorp. I don’t care as I don’t have lotteries in my shop.

Here’s the Tabcorp ‘fantasy fiction’ note in full:

Retailer Fast Update – The importance that retail plays within broader marketing channels
COVID-19 has impacted us all in many ways, and as we navigate our way through this uncertain time, rest assured the initiatives we have implemented, support all our channels, including retail.
You may be hearing a lot of talk about customers going online; however, retail sales during these uncertain times have been strong and steady. It is also important to remember the Lott’s omni-channel marketing strategy focuses on the customer and their experience so they can engage with our brand regardless of the channel. Customers, therefore, value their experience rather than a particular single channel, such as online.
Initiatives retailers have taken, such as driving loyalty through our Membership Program and supporting Pay In-store payments (excluding SA) reduce barriers. These initiatives also create the foundation so we can continue to interact with customers, and they can continue to engage with our brand. This helps ensure customers remain connected and have a consistent experience even if they move between channels during this pandemic or during a retailer’s temporary closure.
Retail is core to our omni-channel strategy and will continue to be into the future. Testament to this are the initiatives listed below which continue to support our retail channel. So, while you may hear a lot of talk about a customer going online, rest-assured the efforts you have made to support the Lott’s omni-channel strategy during these times are of benefit. While you might be seeing fewer customers around, those omni-customers will continue to have fun engaging with our brand, looking forward to returning when their favourite retailer reopens.

Actions speak louder than words.

Tabcorp is not fair or transparent with retailers on their much-hyped omnichannel bonus. It’s a flawed approach offering a disrespectful amount to retailers to compensate for then Tabcorp demand that retailers actively promote online.

The Tabcorp TV advertising does mention retail, however, it does not promote it. Listen to the ads carefully, they have been cleverly produced to punch online and the app with retail mentioned briefly as a lead in.

In my opinion, Tabcorp has failed its retailers through COVID-19 but they will not speak up because of threats from the company that come with financial penalty.

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Ethics

Shame on News Corp.

The handling by News Corp of the Dean Laidley story over the last 24 hours has been dreadful. Even now, this afternoon, they have run this story about a police office being stood down and above the headline they have one of the images that resulted in the standing down of the officer.

This is disgusting gutter stuff from a publisher that has made publishing such stuff an art.

Is there anyone with power at News Corp who understands mental health challenges and how to respect those facing such? It appears not.

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Ethics

Tabcorp misses an opportunity to respect and support its retailers

Tabcorp last week wrote to retailers asking that they self-assess as the company was not putting its assessment team in the field. This team usually visits outlets to judge them on their look at the time they visit. The judgements can have dire business impacts if they are bad. Tabcorp appears to place more value on appearance, often to odd criteria, over actual sales performance. The assessments cause considerable anxiety.

Rather than taking the opportunity to say something along the lines of – hey retailers, stay safe and well, we are giving everyone a gold stay assessment this round, you’re all 100% in our view. We appreciate you and hope this small step by us demonstrates the respect we have for you as front line retailers – Tabcorp asked retailers to do the assessments themselves:

Subject: COVID-19 Interim Measures – Compliance Self-Assessments 

Hi Retailer, 

Thank you for your ongoing commitment. COVID-19 has impacted us all in many ways, and as we navigate our way through this uncertain time, we must continue to be nimble and adaptive in the way we operate, support you to maximise sales, and meet our regulatory obligations. This is essential to help ensure we continue to protect our business whilst continuing to operate and deliver the best customer experience possible. 

The environment in which we operate in is complex with a lot of different rules and regulations, compliance to these regulations is core to our integrity in providing exciting games customer know and love. However, with COVID-19 the way we monitor compliance needs to adapt. As such, we have been working on alternative ways to ensure compliance monitoring continues and incorporates the additional COVID-19 requirements. 

From Friday 1st May 2020, we will be introducing a Compliance Self-Assessment to outlets who have not yet been Site Surveyed in Cycle 3 (Monday 2 March 2020 to Sunday 28 June 2020). The Compliance Self-Assessment will be sent to selected outlets each week via an email and link from retailcompliance@tabcorp.com. This assessment will temporarily replace Site Surveys for an interim period. 

The Compliance Self-Assessment will take approximately 10 minutes to complete and, we will be asking outlets to upload a series of photos of their lottery outlet only. Further details on how to do this will be shared via a Training Manual when you receive the Compliance Self-Assessment. 

All Products Outlet Photos Required 

1. Outlet Customer Capacity Customer Notice 

2. Social Distancing Stand Here sign 

3. Responsible Play sign 

4. Internal point-of-sale posters, as per your weekly POS Plan. 

5. Instant Scratch-Its Dispenser point-of-sale, as per your weekly POS Plan. 

6. External blade 

7. Free standing Lucky Lotteries Cat stand (if applicable) 

8. Street stand (if applicable) 

9. Syndicate board 

10. Writing bench (including brochures, coupons and draw slips) 

11. Customer Ticket Checker 

12. Responsible Play Guide folder 

What a dumb and selfish move by this big business supplier against small business retailers who are already in tough situations.

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Ethics

FFS! News Corp. puts papers in 100 Chemist Warehouse outlets

News Corp has announced that it is putting its papers into 100 Chemist Warehouse shops. Here is their media release.

News Corp Australia and Chemist Warehouse have joined forces to make trusted newspapers available to customers during the coronavirus pandemic.

From this week, 100 Chemist Warehouse stores across New South Wales, Victoria, Queensland and South Australia will become a point of sale for News Corp’s metro mastheads, The Daily Telegraph, Herald Sun, The Courier Mail and The Advertiser.

Pharmacies as well as news brands have both seen consumer demand surge in the past two months, as Australians stock up on wellbeing products and turn to trusted sources for information and analysis on the crisis.

Lou Barrett, managing director of national sales for News Corp Australia said: “We’re always looking for new ways to assist our clients and their customers and given we’ve seen a spike in audience demand for our products, it makes perfect sense to have them available for sale in Chemist Warehouse stores.”

Lia Heim, group marketing manager at Chemist Warehouse said: “As an essential service ourselves, the ability to provide our customers with another essential service within our stores, that being trusted newspapers, means that shoppers can minimise their travel within the local community whilst remaining updated and informed.”

The initiative will operate on a trial basis until July and, pending the result, may be extended to 400 stores nationwide.

Newsagents are wondering is the News Corp move to sell papers through Chemist Warehouse is a move by the company to break away from these local family businesses. It certainly looks that way. That said, I suspect them move is News Corp. working with a valuable, long-term, advertising partner.

Given the Chemist Warehouse model, look for free papers to be offered when shoppers spend above a certain amount, like News Corp regularly runs in supermarkets. These campaigns hurt local newsagency over the counter sales.

Regardless of the reason, the News Corp decision will hurt small business newsagents emotionally and, possibly, financially, and this is bad news for the channel.

What do I think? I think this move sucks. There is nothing good about it for newsagents. The move by News is socially irresponsible right now.

Our channel has been a good and faithful servant of News Corp for decades. Putting up with cuts to margin and watching as they preference supermarkets with sweet deals.

It seems to me that News Corp. does not care for our channel.

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Ethics

GOOD NEWS: Small business landlords support small business

Here are examples of small business landlords supporting small business retailers, including newsagents, with rent relief.

  1. 2 months rent free, April and May, without being asked.
  2. 1 month rent free and 50% off for May and June, without being asked.
  3. 75% off for six months, after one request for help.
  4. 50% off for 3 months, after one request.
  5. A 100% credit for March, 50% off April and 25% off May, after one request.
  6. 50% off for 3 months, after one request.
  7. 2 months rent free, after visiting the shop a week ago and seeing it and the street empty.
  8. No rent increase, which was due as per the lease from May, and a discount of 33% for the next for months, after one request.
  9. 25% off for April, with no request, and then 50% off for the next 3 months after being given the revenue figures for the business.
  10. 2 months rent free, 2 months half price and 2 months 25% off, after one request and a phone call to discuss.

In each case, the landlords and tenants have acted respectfully and cooperatively. Indeed, most landlords have gone beyond what has been sought through the mandatory national code as put in place by the national cabinet.

This is great news.

Well done small business landlords. They have come through for small business retailers in timely and genuinely helpful ways.

The 10 stories above are only some I have heard of. They are representative though. There are small business high street retailers happy today to have the landlord they have, appreciating their support and the relief it provides.

Many landlords of small business retail tenancies are small business owners themselves with only 1, 2 or a few commercial properties in their portfolio. Many acted before state or territory governments moved on taxes and other costs. This is small business helping small business.

We talk about heroes these days, the health front line team members, cleaners, teachers, drivers and others keeping the economy running. I’d attach that label to the landlords who are supporting small business retailers, especially those in essential businesses. The landlord actions through rent reductions and other help is wonderful to see, and appreciated.

There are wonderful people in Australia who are helping in everyday ways, often beyond their capacity.  Some of these small business landlords are in that group. Thank you!

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Ethics

A retail tenancy win for small business in WA

Great news out of WA tonight with the state government announcing 3 months rent free for SMEs that have experiences a 30% decline in turnover. It is backdated to start from March 1, 2020. The government is providing landlords terrific financial support if they waive rent for 3 months for SMEs. The landlords have an excellent incentive because of this.

This is an excellent result from the WA government, a government that continues to deliver terrific results for small business retailers.

NOTE: the 3 months rent free is exactly what ALNA and all the newsagency marketing groups have been agitating for and suggested members write to politicians about.

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Ethics

If you are selling face masks or hand sanitiser…

If you are selling face masks or hand sanitiser, my suggestions are that you ensure product quality and that you charge a price reflective of public service.

Basic face masks at $5.50 each and 60ml of hand sanitiser for $12.99, which was available in one newsagency yesterday, reflect price gouging given that the masks can be bought wholesale for under a dollar and 60ml of hand sanitiser for $2.50.

Price gouging is a bad look for the retailer and the channel of which they are part.

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Ethics

SME retailers can’t carry the extraordinary cost of government COVID-19 decisions

Small business retailers have been left to carry an unfair burden through COVID-19.

The rent relief offered by the national cabinet’s mandatory code of conduct is too little, too late. I suspect it will send many small business retailers to the wall.

We need an urgent federal government funding of 100% of rent for 3 months. Otherwise, the economic impact will be devastating.

I say this based on how landlords are reacting and based on the experiences of several retailers as put to me. Here is one example I heard of yesterday. While the numbers change between stories, the situation itself does not change.

One shop in a major centre in NSW is down 75%. Revenue is $25,000 a week with a GP of 15% given the product mix, plenty of the revenue is lotteries. That is a GP of $3,750.00.

Wages sit at net $500 a week after you allow for JobKeeper. Rent for the business is $8,750.00 a week and the landlord has made it clear they will waive no more than $2,187.50 of that. The landlord has also required this retailer provide certified management accounts 2 years of P&Ls, tax returns, certified current revenue data, a personal assets and liabilities list and details of all grants and other COVID-19 related benefits tapped into by the business and its owner.

The business has a deficit of $3,312.50.

The business has an overdraft maced at $200,000. Their bank is reluctant to lend more as there are no assets to back this.

The owners have three maxed out credit cards and $10,000.00 in the bank.

Their latest BAS will release some welcome funds. However, the amount buys a week or two, no more.

This is a good business, which usually sold plenty of unique, high-margin, items. Through no fault of the owners, foot traffic has collapsed, leaving only low margin traffic visiting and even that is declining further this week.

With governments pumping truckloads of cash into private hospitals, media outlets, airlines and other businesses impacted, they are yet to pump any cash directly into retail. The mandatory code of conduct sees some state / territory tax waivers flow, but not much.

Only an immediate payment of 100% of rent for 3 months buys the time needed to understand the complexity of the situation. Without it, businesses like the example above will collapse, impacting not only the owners but all who rely on the business.

There is urgent concern among SME retailers that politicians do not understand the critical situation they face.

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Ethics

Landlords demand secrecy from SME tenants as they continue to push back on the MANDATORY CODE OF CONDUCT SME COMMERCIAL LEASING PRINCIPLES DURING COVID-19

Small business retailers can’t take a break in dealing with landlords over the collapse of retail traffic in shopping centres. Yesterday, several retailers told me that in addition to demands for extraordinary business and personal financial data, the landlords are demanding a signed confidentiality agreement.

Two requests I have seen make it clear that a signed confidentiality agreement is required before any discussions can proceed. This is despite existing leases covering confidentiality requirements.

It makes no sense that landlords are demanding more paperwork when they have a lease in place covering these requirements.

Every day this drags on is a day closer to small retail businesses going to the wall.

The behaviour of many shopping centre landlords in Australia is appalling. Their approach to dealing with the mandatory code as agreed by the national cabinet makes a mockery of the decisions by state and federal governments. The landlords are demonstrating that they are a law unto themselves.

On top of extraordinary demands for personal and business financial information, some landlords are refusing to put anything in writing, demanding that the matters are discussed. I suspect this is so there is no record of the discussions.

Shopping centres, major shopping centres, are empty. People are not visiting. This is not due to the retailers. The retailers should not have to bear the costs of their tenancy if the centre is not delivering the people expected to be in the centre in the usual course of business.

Governments have to step in here and help address what is now a crisis for independent small business retailers because the landlords are acting, together it seems, agains these most vulnerable retailers.

This is why I support an immediate three months rent free arrangement – to provide time for politicians to actually understand the problem and to realise that their decisions so far, while made with the best intent, have disadvantaged small business retailers and pushed SME retail to the brink of collapse … because of appalling behaviour of shopping centre landlords.

While it sounds melodramatic, this is a crisis for many families around Australia. It has been made a crisis by the landlords and their disinterest in fair resolution of the situation brought about through no fault of SME tenants yet for which SME tenants are having to carry the majority of the financial cost.

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Ethics

How small business retail tenancy landlords are ignoring the national cabinet’s MANDATORY CODE OF CONDUCT SME COMMERCIAL LEASING PRINCIPLES DURING COVID-19

More and more landlords are pressuring independent small business retailers to provide information prior to them considering negotiating rent relief.

It appears to be that these landlords are doing everything possible to delay agreeing to any offer.

There appears to be a co-ordinated campaign by landlords to slow access to relief to small business tenants. Here is an example of communication I have seen from a national real estate company sent to all tenants in a small shopping centre.

The landlord is sympathetic to the impacts of COVID-19 and echo the Prime Minister’s comments that Landlord’s and Tenants need to work together during this unprecedented time. 

Following the announcement from the Prime Minister and National Cabinet on 7 April 2020, there has been further clarity on the proposed amendments to legislation and the now released Mandatory Code of Conduct. 

As stressed by the Prime Minister, tenants are still obligated to honour their leases and its terms throughout this period. The landlord is committed to providing an equitable solution, but we expect tenants to respond in kind. 

The landlord is willing to provide support to retailers so all parties can emerge from the current challenging environment. We would recommend that all tenants have the following information prepared, so we can move quickly on any responses and support all retailers in a proportionate and equitable manner. 

  • • Evidence that the business has made application for the “Job Keeper” assistance and has a turnover of less than $50 million (in which case the mandatory code will apply); 
  • • A statement of financial position, outlining income, expenses, assets and liabilities (preferably audited or certified by a chartered accountant), as at 31st March 2020; 
  • • Year to date and recent financial year financial statements for the impacted tenancy 
  • • FY’19 and year to date FY’20 P&L 
  • • Balance Sheet; 
  • • Sales turnover history for 24 months to March 2020 by a Certified Accountant 
  • • Documented evidence of their application and acceptance for assistance from the ATO, State Govt, Federal Govt. and Franchisor where applicable. 
  • • Report from an accountant or financial advisor with evidence that the business has experienced a substantial reduction in its ability to pay rent due to the impacts of COVID- 19; 
  • • Summary of major debt obligations and whether any repayment holiday has been offered by the financier; 
  • • Other relevant information depending on the nature of the business, for 
  • instance, evidence of a decline in sales or loss of clients/projects and the consequential anticipated turnover for the current quarter, which shows how circumstances have changed as a result of COVID-19 since 1 March 2020; 
  • • What arrangements are currently in place for the ongoing operation of the business, such as work from home arrangements and whether staff have been stood down; and 
  • • Whether the tenant holds business interruption insurance that covers the payment of rent and outgoings and if the circumstances for a claim on that insurance have been triggered. 
  • • Business Plan looking forward as to actions planned post lockdown and beyond. 

We thank you for your understanding during this difficult and unprecedent time. 

The code of conduct is clear. Plenty of the information being requested by this real estate agent is not covered by the code. Worse still, plenty of what they are requesting will require small business retailers to spend unnecessarily to provide the information.

Take the supply of turnover data. Most shopping centre retailers provide turnover data monthly. To now ask for certified data, which will cost more, is nonsense. It’s like the landlords say they do not trust the data they have bene receiving for years.

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Ethics

How some retail landlords are misbehaving in dealing with COVID-19 relief requests from tenants

Here is a list of information requested by some retail tenancy landlords, including some shopping centre landlords where tenants have registered for JobKeeper, advised they qualify for JobKeeper and provided retail turnover data (in the usual format supplied to the landlord) showing declines of between 30% and 75%. Landlords have asked for information prior to opening discussions on rent.

Note: the list is not from the one landlord.

  1. Business bank statements for the last 2 years.
  2. Personal bank statements for the last 2 years for all business owners.
  3. Tax returns for the last 2 years, certified by your accountant.
  4. BAS statements for the last 2 years.
  5. A personal assets list for each owner or shareholder for the business.
  6. A full stock listing showing age and value of all stock.
  7. A list of all other businesses you own.
  8. A list of all other retail tenancies you have.
  9. Details of all state and federal government COVID-19 related funding and or grants you have applied for.

In my view, landlords have no right to this information. The CODE OF CONDUCT agreed by the national cabinet is clear. If a business applies and meets the criteria for JobKeeper, their lease falls within the details of the code.

The only data points that matters are comparative revenue. This can be provided in the form that has been used for years with most landlords. Their request for it in a different form is not part of the done. Indeed, I suggest that any such request is outside the good faith  goals of the code.

I think it is critical that retailers advise state and federal politicians when their landlords seek information outside the code, like any of the information on the above list. At the time of advising politicians, I also suggest advising the office of federal small business and family enterprise ombudsman, the shopping centre council of Australia, the treasurer, prime minister, premier / chief minister, local small business commissioner as well as your local council.

Landlords and tenants have clear obligations under the code. From what I am seeing, too many landlords are misbehaving in their requests for information. I doubt this is due to ignorance. I think it is to create a barrier to providing financial relief to tenants. If it continues, more retail businesses will close for good.

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Ethics

Some retail landlords are ignoring the national cabinet’s code of conduct

It is disappointing seeing some landlords ignoring the code of conduct agreed by the national cabinet. I have seen information requests from individual landlords and big business landlords asking retail tenants for all manner of information outside what is covered in then national code.

  • One claimed that the tenant was not a small business, even though it clearly is.
  • One asked for accountant certified P&L.
  • Another asked for details of all state and federal support received by the business before they would even enhtertain a discussion.
  • One asked for personal financial details.
  • One asked for the details of every employee and the JobKeeper amount the business would receive by employee.

These are some examples of what landlords are asking for.

The code: NATIONAL CABINET MANDATORY CODE OF CONDUCT – SME COMMERCIAL LEASING PRINCIPLES DURING COVID-19 is very simple. The obligation on tenants and landlords straightforward.

It is frustrating seeing landlords abuse the process by seeking information that is not relevant, not any of their business.

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Ethics

Linfox owned Armaguard misrepresents federal cabinet retail leasing code to pressure small business retailers for a rent deal

The massive Armaguard organisation, owned by Linfox, has written to small business retailers demanding they not pay rent for ATMs they have installed in shopfronts for April through September this year. Here is the first page of a letter they sent:

In my opinion, this letter misrepresents the position of state and federal governments.

The federal cabinet’s retail tenancy code of conduct is for SMEs, small to medium enterprises. Linfox does not qualify.

Further, they offer no justification for their claim, there is no evidence of a slow down of use or traffic. The federal cabinet’s code specifically lays out what is needed to support a claim. For example, a claimant needs to qualify for JobKeeper.

I wonder what Lindsey Fox thinks about this attack from his business on small business newsagents.

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Ethics