AUSTRALIAN Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell said she remains committed to eliminating non-financial covenants in small business loans under $5 million despite NAB executives today re-stating their opposition to the reform.

Speaking after the House Economics Committee concluded the first of its latest round of bank hearings with executives from NAB, Ms Carnell said the bank’s unwillingness to make changes to the way they treat small businesses who are consistently making their loan repayments, is unacceptable.

“As I reiterated during Senate Estimates yesterday, for the banks to be able to default small business loans when people are compliant financially, is simply not a reasonable approach,” Ms Carnell said. 

“NAB pushed back on that today, indicating there are risks associated with removing such clauses, and that doing so would put up the costs of the loans.  That’s not the feedback we’ve had from experts.  Remember the banks already put a premium on top of small business loans to take into account a higher level of risk, so you can’t have it both ways; you can’t have a contract that allows the banks to move all the risk to the borrower, while also having a higher interest rate.

“Our recommendations in this area – indeed all of our recommendations – are not unreasonable; these are not new issues, these are not unrealistic expectations. In fact, many of our recommendations have been supported by various other inquiries and reviews.

“NAB today indicated that they supported the ‘vast majority’ of our recommendations, including giving consideration to implementing 90 day notice periods, as well as providing simple plain English contracts.  I certainly welcome this response, but so far it’s only lip-service; I want to see these changes in place sooner rather than later.

“Our recommendations are do-able and do-able quickly; most importantly, the recommendations we’ve come up with will make a significant difference in the lives of small business borrowers, so we really need to see action now,” she said.

Ms Carnell also restated the importance of amending the definition of a small business loan facility to $5 million; a move also backed by David Murray and Phil Khoury in their respective inquiries.

“Small businesses are the engine room of the Australian economy; these businesses are growing all the time, with more and more now falling outside the existing $1 million definition, so reform in this area is vital if we’re to support growth in this sector,” Ms Carnell said.

“The banks say they’re ‘making banking better’, but I’m afraid there’s still a lot more work to be done to prove there’s any real substance behind the PR slogan,” she said.

www.asbfeo.gov.au

ends

AUSTRALIAN Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell has used an Estimates hearing to once again call on the banks to implement the changes outlined in the ASBFEO bank loans inquiry report as quickly as possible, in order to establish balance in the relationship between financial lenders and their small business customers.

“(There have been) 17 inquiries from various perspectives since the GFC; 40 recommendations that have been repeated in various forms over that period of time, and very, very little movement from the banks in a range of things from really important issues, down to things you would have thought the banks would have picked up on by now,” Ms Carnell told the hearing.

“It shows the level of the lack of action by the banks on these things, that have been brought up time and time again,” she said.

When asked about the impact of current banking practices on the small businesses examined as part of the ASBFEO inquiry, Ms Carnell said that many were now bankrupt.

“There are people who used to be running successful businesses living in garages; we got a pretty good view of what actually happened in a range of these cases and the impact is huge.” Ms Carnell said.

“In a good number of the cases these were people who hadn’t missed a payment on their loan; so they weren’t in financial default, the default came as a result of non-financial default.

“The community believes – and small businesses believe – that if you pay the amount you’re supposed to pay every month and you don’t break any of the standard rules, that should be all you’re required to do, so for the banks to be able to default small businesses when people are compliant financially, we don’t think that’s a reasonable approach.

“Remember small businesses don’t have in-house lawyers and have little-to-no capacity to negotiate these contracts, so we believe that getting rid of non-financial covenants for loans under $5 million is really important for small businesses to be able to get on with the job of growing their businesses.

“We tried to come up with a group of recommendations that would make a difference to small business. 

“We’ve tried hard to make them do-able and do-able quickly, because we haven’t come up with any hugely new recommendations.

“I want them (the banks) to go with all of them,” she said.

Ms Carnell also reinforced her commitment to providing six monthly updates on the banks’ progress in implementing the ASBFEO recommendations.

www.asbfeo.gov.au

ends

QUEENSLAND Resources Council Chief Executive, Ian Macfarlane, today applauded the decision by MMG to transfer its Century zinc mine in north west Queensland to Century Mine Rehabilitation Project Pty Ltd as a clear and practical example of MMG’s commitment to the environment and the local economy.

“I congratulate MMG on its decision to transfer the mine with not only a focus on reviving the region’s economy but also to the benefit of the environment,” Mr Macfarlane said.

“It provides a new economic opportunity for the mine while also supporting a dedicated rehabilitation plan.”

The announcement is a win win for rehabilitation and the region – the mine will be given a new life with substantial zinc still to be extracted while the rehabilitation plan will be in place for the end of the mine’s life.

www.qrc.org.au

ends

AUSTRALIA’s resource employers have launched a 2017 workplace relations campaign focusing on ‘Five Urgent Reforms’, and is first calling on the Turnbull Government to take action on Labor’s excessive and costly union workplace entry laws.

“AMMA’s members across the national resource industry are deeply concerned that our parliament appears unable or unwilling to address fundamental problems in our workplace relations system,” Steve Knott, chief executive of AMMA, said.

“Reform priorities identified in 2016 by more than 100 leading resource companies – a highly representative cross section of an industry directly and indirectly employing around 1.1 million Australians - are yet to be acted upon or even debated.

“This is despite many of these reforms lining up with changes recommended by the Productivity Commission, and Australia’s deteriorating economic and employment conditions highlighting the urgent need for political action.”

The five reform priorities identified by AMMA's members and forming its 2017 campaign are:

1. Restore balance to union workplace entry laws;
2. Focus enterprise bargaining on employment matters;
3. Expand agreement making options for employers and employees;
4. Return to balanced termination of service laws, where a valid reason exists; and
5. Replace the Fair Work Commission with modern, balanced institutions.

On the first priority, AMMA has released an animated video and written to key senators and members of parliament, highlighting the absurd costs, delays, productivity impacts and safety issues associated with the thousands of site entry requests resource employers now receive each year.

“When Labor’s Fair Work Act gave union officials and recruiters almost unlimited rights to enter worksites, the number of visits sky-rocketed to thousands. One project received 17 visits in just 24 hours, while another received more than 300 in 90 days,” Mr Knott said.

“We are even seeing union recruiters target employees in their lunchrooms and resource employers expected to cop the costs and disruptions associated with union visits to remote projects.

“The resource sector needs the government to take action and address these well-documented concerns.  Our 2017 campaign will build public awareness by simplifying the practical impacts our unbalanced, prehistoric workplace relations system has on Australian employers every day.
“KPMG research indicated that if these five priorities were addressed, the benefits through the resources sector alone would be a $30.9 billion boost to national GDP and 36,000 additional jobs.

“Our nation can no longer afford to send these jobs and economic benefits overseas. It’s time to get the balance right in our workplace regulation.”

ends