Charter of Contractual Fairness
On 1 July we launched our Charter of Contractual Fairness

We have heavily drawn the principles of contract fairness from the new consumer unfair contract protections laws. If it's fair for consumers, it's fair for small business people - the self-employed and independent contractors.

We are currently writing to Australian corporations asking them to commit to contract fairness in their dealings with small business people.
Election Face-off 2010
Here's how the 2 sides currently shape up for small business/self employed people! (10 July 2010)
Gillard's ALP

So far, they've told us "here's what we've done!"

Started a superannuation clearing house
Begun a small business online inquiry service
Established a Small Business Advisory Committee
New liability contract guidelines for government procurement
National Business Name Registration
A new guide for self-employed people
Abbott's Coalition
They've announced the first part of "here's what we're going to do!"

• A dedicated Small Business Minister who will be in Cabinet
• A new Small Business Ombudsman to handle and resolve small business complaints about the federal government
The extension of consumer unfair contract protections to small business people
Retention of the current self-employed (PSI) tax laws
Stop small business red tape on Paid Parental Leave
• Mr Abbott's and Mr Billson's joint press release
What we've been asking for
The extension of consumer unfair contract protections to small business people

• Retention of the current self-employed (PSI) tax laws. Our letter to the PM (28 May 2010)

Failure to fix unfair business contracts
ICA says "extend unfair contract protections for consumers to small business".

New laws:
Legislation #1 (March 2010)
Legislation #2 (June 2010)

Here's our summary of the situation.
How the legislation defines unfair contract terms.
Why small business people should have TPA protections from unfair contracts.
We need an answer on tax, please
We've made it quite clear that self-employed (PSI) tax should not be changed.

We've written to the PM for an answer, but we do not yet have a reply.

Tony Abbott has been clear. NO change!
Industry/Retail super funds must come out
The Cooper Review into superannuation says the big funds are not disclosing enough and must be forced to do so. This is vital. See Chapter 4.

Here's why workers' money is at risk if disclosure is not enforced.
Look after your retirement
The Cooper Review of superannuation says Self Managed Super Funds are good and need little change to existing arrangements. This is welcome. See Chapter 8.

The Report also seems to have stopped the attack against SMSF's.
Stand Up for Your (Contract) Rights!
We're monitoring contracts in general and promoting good contracts in particular. For example:
Another bad contract (Jun 2010)
One of the worst contracts we've seen (Jan 2010)
'Tom' versus DEEWR (Nov 2009)
But a positive development from government
Ken Phillips comments
And some interesting discussions
Central Banks on Debt
Since mid-May, central banks have been worried about sovereign debt. Click here for a list of useful links and summaries.
Problems with Phoenix companies
Two ICA members' tell their stories
ATO information on reporting suspect activity.

Govt's attempts to do something:
ICA comment

Newspaper comment:
The Australian
The Age/Sydney Morning Herald
Business Spectator

What 'Tom' thinks
What 'Jim' thinks
Dick Davies Writes...
"...the human fabric of the workplace precedes in importance that of technology!"
Dick Davies prods us to think about management, independence and motivation. Click here.
Stop Sham Contracts!
ICA supports the prevention of sham contracts. We monitor what's happening with them:
One person's story
Successful FWO prosecution (Dec 2009)
Info from Fair Work Ombudsman (July 2009)
First sham contract prosecution: ICA summary
Make a complaint to FWO
Business Spectator article
Read the debate
... Unquote
The Pessimists' Economic Views
(Posted January 2010)
We've brought together some pessimistic views about economics and likely economic trends in 2010:
US toxic loans
'US as sick as Greece'
Ken Phillips's summary
An 'IMF' perspective
Predicting 2010
Government debt a giant ponzi scheme?


Click to enlarge.

Ken Phillips on the debt equation


Watching Goldman Sachs
Rolling Stone magazine has blown the lid on Goldman Sachs:
Article 1 [July 2009]
Article 2 [April 2010]
Article 3 [May 2010]
Tax burden: UK versus Australia
Just as the UK is moving toward more sensible small business (contractor) tax laws, in Australia we're having to defend the progress we've made.
Laughing lawyers
You'll be amazed by the 'slips' that some lawyers make in court.




























Has China peaked too soon?


For Australia, there's a lot riding on the assumption that substantial Chinese economic growth is assured. The continuing mining boom and its associated massive investment surge is heavily built around a belief that China will continue its three decade spectacular growth well into the future.

If that belief proves false, Australia's comparative healthy economic circumstances could change dramatically. That's why last week's warning from the Financial Times' bureau chief in China, Geoff Dyer, is worth more than a second glance.

Dyer assessed the Chinese property market as being in high bubble territory.

He likened the Chinese residential market to that of Dubai suggesting the recent Dubai crash is set to repeat in China. The Chinese optimists counter this by pointing to the huge urbanisation still to happen in China. Under this view 400 million Chinese could move to the cities in the next two decades guaranteeing demand for large-scale residential development.

However, if a less glowing analysis of China by Pivot Capital is accurate, the Chinese urbanisation process is actually close to complete. Pivot's analysis puts a range of assumptions about China into the 'myth' category.

Chinese statisticians assess urbanisation differently to most other countries. Cities and towns that the US and Australia would consider urban would be discounted in China as being 'non-urban' because of comparative low population densities. Brisbane (1.9 million people) and Houston Texas (2.2 million) are not urbanised according to the Chinese definition.

Pivot cites the example of Songxia a 'village' of 110,000 people and producing most of the world's umbrellas, being categorised as non-urban. If this same approach were applied to Europe, large numbers of significant industrial centres would be excluded. Adjusting for these definitional differences, Pivot's analysis is that the potential urbanisation still to occur in China is modest.

In addition, Chinese residential stock is not, as is generally assumed, of a low standard. Consequently the demand for residential upgrading is exaggerated.

And on industrialisation, Pivot says the Chinese process is almost complete.

Infrastructure development is advanced to the stage where excesses are becoming a norm. Road infrastructure is near parity (in terms of size) to the US, but China only has one-sixth the number of cars. Local governments are having trouble spending on infrastructure to the extent demanded of them by Beijing. One instrumentality tore down and rebuilt a raised highway to ensure their spending target was met.

Rail transport has room to grow. China has large population concentrations in and between big cities making high-speed passenger rail viable. Even so, new lines are being built to 'nowhere' and the additional infrastructure needed or planned is not large enough to counter the pull-back in other areas.

Pivot's point is that large sums are already being spent on projects with marginal or dubious return. Such uneconomic return on investment cannot and will not continue. Pivot's analysis predicts that China's capital spending cannot be sustained and (alarmingly) will collapse in 2010.

The firm provides evidence that Chinese credit expansion has reached a similar level to that which existed in pre-crisis Japan in 1991 and in the USA in 2008. The predicted slowdown will have similar ramifications to those of the US sub-prime collapse.

Further, the Chinese consumer is not and cannot power a new growth surge. Chinese private consumption accounts for about 33 per cent of GDP. Compare that with most developed economies, where the figure is about 70 per cent. Chinese private consumption will grow, but must achieve an incredible 20 to 30 per cent real growth over the next two years for overall real growth in GDP to reach 10 per cent.

Pivot says this is not possible. Post-war US growth rarely exceeded 10 per cent. Japans' post-war reconstruction, private consumption growth peaked at 12 per cent in 1961. In the decade to 2007, China's private consumption growth averaged 8.2 per cent. This is likely to drop. Unemployment is believed to be at least double that of the officially reported 4.3 per cent and household income (as a ratio of GDP) has declined 20 per cent over the last decade.

The analysis concludes that Chinese overall growth will be around 5-6 per cent for the foreseeable future. In ordinary times, this is impressive. But it's not nearly enough to power the world out of its economic slump.

If Pivot's Chinese economic myth-busting is accurate, many of Australia's optimistic economic assumptions going forward are likewise challenged. It seems 2010 will tell the truth.



From the Business Spectator, January 2010.


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