ACAPMA Daily COVID-19 Roundup | as at 17:00 6/4/2020

                                           Daily COVID-19 Roundup  |  as at 17:00   06/04/2020

This is a short message to capture the items of change and interest for businesses in the downstream petroleum industry in light of the COVID-19 situation.   

Pro Tip: Make sure you go all the way to the bottom for todays fun fact.

This message has been sent to the Principle for each business as per the ACAPMA Member Register.  Please feel free to forward through your business as required.

Follow ACAPMA on LinkedIn for articles and resources as they are released;  https://au.linkedin.com/company/australasian-convenience-and-petroleum-marketers-association-acapma-

  Whats New - Changes and Items of Interest

• SA Proposes to blame Service Station operators if their staff get COVID-19

In a simply terrifying piece of draft legislation that will be put before parliament this week, SA is proposing to create a situation where any employee being diagnosed with COVID-19, who is employed by (among a select list of other businesses) service stations, will be legally said to have caught the disease at work, no matter where they actually caught it…and as such are entitled to have the situation covered by WorkCover (including full benefits of pain and suffering compensation).  In a complete departure from the entirety of the Australian legal system the burden of proof will be reversed, so that the business will have to prove that the employee didn’t get COVID-19 from work, instead of the other way around.  This perverse situation is despite the fact that the evidence clearly shows almost all cases are due to overseas transmission or direct contact with someone who caught the disease overseas.  This very short piece of draft legislation could have ramifications that reach well past South Australia, well past the current COVID-19 crisis and well past the Workers Compensation system.  This is something that ACAPMA is active in advocating around (very active!!!!) and will keep all members informed on.

• JobKeeper Subsidy – will there be agreement?

Over the weekend and into today the media frenzy over the final form of the JobKeeper Subsidy continues.  The detail will be clear by Wednesday when the bill is put before parliament, until then there is much constructive and rigorous discussion over its content.  While it is clear that there are areas of concern and difference, and those are being rigorously explored, ACAPMA has been involved in detailed high level discussions, negotiations and planning sessions overnight and throughout the day today, all of which have been focused on the progression of the JobKeeper Subsidy program and the continued operation of businesses facing this crisis…so for now we are confident in saying, don’t believe the hype, the program is not dead in the water, it is just subject to rigorous, but constructive debate.  The fine detail around how the program will work are still unclear, however they are getting clearer, and as soon as there are concrete answers we will circulate to all members.  For now though THE BIG MESSAGE IS… REGISTER YOUR BUSINESS FOR THE SUBSIDY NOW – see; https://acapmag.com.au/2020/03/wage-subsidy-what-you-need-to-know/ for more information and to register

• Roadhouse Dining – The Saga Continues…States are urgently moving, resolution expected early next week

Over the weekend and into today discussions with the States have continued on this matter and while each State is on a different timeline due to their internal operations and pressures, it is expected that we will be able to finally put this issue to bed today or tomorrow in all jurisdictions.  The difference in response has been astounding, with some States urgently circulating information to enforcement agencies instructing them to accept the National Exemption while awaiting the State Exemption.  In other States enforcement agencies acknowledge the National Exemption yet persist to physically remove drivers and issue threats of massive fines to the sites.  This has been a frustrating process in the extreme but it will pass and we will be able to get on with business.  Remember in the mean time if ordered by the police or other enforcement agencies to remove tables – comply and then contact ACAPMA with the site address and the enforcement officer details if possible and we will escalate it.  For more on the Roadhouse Disaster and the public response see; https://acapmag.com.au/2020/04/road-safety-risk-as-state-governments-drag-feet-on-roadhouse-exemption/.  For more on the heightened social distancing and cleaning requirements for roadhouses dining open areas, see; https://acapmag.com.au/2020/03/roadhouses-open-for-dine-inagain/ for more information and posters

  Q & A with ACAPMA

New Questions…

Q:  Our business is considering offering driveway service.  What should we be considering before implementing this move?

A:  The decision to offer driveway service may seem like a no-brainer, but there are general and COVID-19 implications that the business should give consideration to;

• Workers Compensation
• The business should check its Workers Compensation policy to ensure that it is covered for Driveway service.  ACAPMA understands that for some Workers Compensation Policies specifically exclude (or otherwise require the notification of an intention to use) driveway attendants delivering driveway service.
• Personal Protective Equipment
• Which ordinarily would include; High Vis Vest and Gloves, and would arguably include consideration for; shoe allowance (due to drips and drops causing damage) and breathing protection (due to fumes).
• In the case of COVID-19 it would be very fair to argue that driveway attendants should be provided with; breathing and eye protection.  It is understood that full particulate masks can be difficult (impossible) to access, in their absence the risk management approach should be; to provide cloth masks (homemade if necessary) for work on the forecourt, in addition to a roster that allows for respite from fumes (for example 15mins on the forecourt, 15mins in store – rotating with another employee)
• Employee Payment
• The employees who are employed as console operators, will need to be paid as such, even when they are doing driveway attendant work.  The slight change to work tasks is not allowed to change the pay rate.  For new staff that are specifically employed as driveway attendants, they can be paid at the driveway attendant rate, ONLY if that is all they do.  If they are also working instore and authorising the console, then they will need to be classified as a ‘driveway attendant authorising the console’ and therefore paid at the R4 Console Operator rate
• Shop Sales
• The offer of driveway service can result in customers not leaving their cars and therefore a loss in shop sales.  This can be managed in a couple of ways;
• encouraging customers to park and visit the shop
• encouraging customers to park and another driveway attendant will take their order and gather the items from the store
• having customers place orders prior to filling and having another driveway attendant gather the items from the store
• The approach will need to take into account, the number of pumps, the number of waiting bays/parking spots and the general level of activity on the site (is it likely that customers waiting at the pumps is likely to result in other customers driving past due to nowhere to fill up)
• Customer Payment
• The processing of customer payment is another concern.  While there are multiple portable payment devices, the business has to ensure that it is managing the risk of electronic devices on the forecourt.  This means ensuring that such devices are protected from vapour entering the battery and electrical componentry. 
• This would include the charging or docking station of the payment terminal – which may make a traditional (swipe/insert/keypad) device impractical. 
• It is noted that the modern “square” type payment devices are able to be placed into a sealed plastic bag (or double bag) that can address the vapour concern.  The charging of same would need to be done instore (or out of the hazardous zone around the pumps)…so ideally two or more payment terminal options would be rotated. 
• It is noted that the traditional movable pos (swipe/insert/keypad) styles could also be used in this fashion (charged instore and then double bagged and used only for Tap and Pay)….but that customers need to be clearly aware of the payment limitations PRIOR to fill up. 
• At the least signage would be required – “Full Driveway Service – stay in your car, we will fill for you, and get your items from instore and you can pay in your car.  Note cash or card (TAP ONLY) payments are available in car, all other payments will need to be made instore)”

Open questions still waiting for answers or expansion
(we will fold these answers into the Whats New section as soon as we have an answer, but will keep here in the mean time)…

Q:  Will the JobKeeper Subsidy apply to Student Visa Holders? 

A:  At this point the subsidy only is available to; staff that are an Australian citizen, the holder of a permanent visa, a Protected Special Category Visa Holder, a non-protected Special Category Visa Holder who has been residing continually in Australia for 10 years or more, or a Special Category (Subclass 444) Visa Holder.  ACAPMA is actively pursuing proposals to bolster support for this staff group, further detail to follow as appropriate.

Q:  Will the JobKeeper Subsidy count as wages for Workers Compensation?

A:  ACAPMA has received this question and has escalated to Treasury, we anticipate an answer shortly and will communicate once received.  This question will remain in the Q & A section in the coming days until answered.

Q:  Will the JobKeeper Subsidy count as revenue for the business?

A:  ACAPMA has received this question and has escalated to Treasury, we anticipate an answer shortly and will communicate once received.  This question will remain in the Q & A section in the coming days until answered.

Q:  Will the JobKeeper Subsidy count as payroll for payroll tax?  (Noting that there has been a deferral of payroll tax liability in most jurisdictions, but it will still need to be paid)

A:  ACAPMA has received this question and has escalated to Treasury, we anticipate an answer shortly and will communicate once received.  This question will remain in the Q & A section in the coming days until answered.

Q:  If staff are terminated, for poor performance or abandonment, do they still get the JobKeeper Subsidy?

A:  Unlikely.  The answer is unclear at the moment in terms of the mechanics of how the business would notify the ATO and if claim-back would be required.  ACAPMA is seeking further clarification on this now, but it is unlikely that payment will continue as the point of the subsidy is to for people keeping their jobs.  ACAPMA has received this question and has escalated to Treasury, we anticipate an answer shortly and will communicate once received.  This question will remain in the Q & A section in the coming days until answered.

Q:  I am unsure about whether my business is eligible to register for the new JobKeeper Subsidy payment given my revenue fall is not at 30% but it likely to be. Should I register?

A:  YES ! Even is your revenue has not yet fallen by 30% in the past month (relative to March last year) but you expect the April or May revenues will fall by 30% over the comparative month last year, then you should apply now. There is a simple rule here. If in doubt register now anyway. This will ensure that you receive the regular updates on eligibility and progressive details about how the scheme will work.

Q:  With the JobKeeper Subsidy if an employee has other jobs (like a casual that is working for several businesses) which company claims and pays the subsidy?

A:  This is a current detailed area of consideration by the Australian Treasury Office. Because the whole process works through the Australian Taxation system, casual or part time employees working in multiple jobs will only be able to claim the payment once. And that employer will most likely be the one for which the employee has claimed the tax-free threshold. All businesses who are eligible for the Job Keeper payments need only register with the ATO and the ATO will provide detailed advice in all of these cases prior to payments being made in the first week of May.

   ACAPMA Consolidated COVID-19 Articles and Resources (updated daily)

EMPLOYMENT

• For general information on the situation and the implications for employing staff, including new sections on Payments and Leave, and considerations around business downturn see; https://acapmag.com.au/2020/03/hr-highlight-managing-covid19-risk-in-the-workplace/

OPERATIONS

• For information and resources on Keeping Customers and Staff Safe instore from a practical standpoint see; https://acapmag.com.au/2020/03/hr-highlight-covid-19-keeping-customers-and-staff-safe/
• For practical guidance on achieving Social Distancing in Retail, including guides and posters see; https://acapmag.com.au/2020/03/safe-distancing-in-retail-maximum-vs-practical-limits-and-communications-to-customers/
• For practical guidance on Roadhouses and the exemptions to allow Dine In for Heavy Vehicle Drivers, including guides and posters see; https://acapmag.com.au/2020/03/roadhouses-open-for-dine-inagain/

BORDER CLOSURES

• For information on Boarder Closures see; https://acapmag.com.au/2020/03/border-restrictions-what-you-need-to-know/

BUSINESS RELIEF MEASURES

• For information on the raft of support measures available to businesses, including the Job keeper Wage Subsidy see; https://acapmag.com.au/2020/03/wage-subsidy-what-you-need-to-know/
• For the one stop list of all COVID-19 Business Support Measures, including links and information see the ACAPMA COVID-19 Business Assistance Quick Reference Guide.pdf – ACAPMA Members can request a copy of the Guide by emailing employment@acapma.com.au .

HAVE QUESTIONS?

Email employment@acapma.com.au and we will get you answers and fold those answers into these consolidated articles

STAY UP TO DATE

   Follow ACAPMA on LinkedIn, so you get the daily updates - https://au.linkedin.com/company/australasian-convenience-and-petroleum-marketers-association-acapma-

We look forward to a time when we will not have to send out these daily updates, but for now the situation is changing so rapidly that these updates are seen as necessary to ensure that Members are updated.  If you would like to be removed from the update list please reply to this email and request removal.

   A fun fact to end today;

                         The Eiffel Tower is up to 6 inches taller in the summer…

   (as we all try to keep our spirits up I will be accepting your jokes and fun facts – prizes to those who bring a joke I haven’t heard before) 

Stay safe everyone – long distance hugs and high fives for you all! 

E

Should you require any further information or assistance please do not hesitate to contact me.

Kindest Regards

Elisha Radwanowski