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.

ICA Board

ICA Past Presidents
Marie-Louise MacDonald (December 2007-November 2008)
Michael Kelson (April 2007-December 2007)
Angela MacRae (July 2005-April 2007)
Founding President: Bob Day (2001-July 2005)

Current Board 2010
The ICA Constitution requires the election of ten Board members, with four who are independent contractors, up to at least three who are company members, and up to three who are association members. The elected Board can then appoint an additional two members.

President

Norman Lacy has been President of ICA since November 2008 and a board member from the founding of ICA in 2000. He has been an independent contractor since 1991.

From 2000 until March 2009, Norman was the founding Executive Director of the Information Technology Contract & Recruitment Association. He was involved in the establishment of the Association, the development of its products and services and the ongoing management of its membership and revenue growth.

Mr Lacy has been involved in management (corporate and government) for the past 20 years. From 1998 to 2000, he was Managing Director of the Swish Group Limited, one of the early Internet professional service providers in Australia, where he established the company, and took it through to an ASX listing and expansion into Sydney, Canberra and Asian markets. Prior to this, he provided management services to a range of organisations including the Australian Computer Society, ACIL Australia and Monash Mt Eliza Business School.

In 1991, Mr Lacy established the China Australia Management Centre in Beijing on behalf of the Australian Government through AusAID. Previously, he had been Director of International Programs at the Australian Management College and Manager, Corporate Communication at IBIS - Deloitte, Haskins and Sells. During the early 1980s, he was the Minister of Educational Services and Minister for the Arts in Victoria.

Mr Lacy's areas of expertise are strategic management, organisational change techniques and leadership development. He holds a M.Sc in Management from Durham University Business School and a B.A (Hons.) from Monash University.


Executive Director

Ken Phillips is co-founder and Executive Director of Independent Contractors of Australia. Ken is an independent contractor operating as his own business, as a researcher, commentator and lobbyist, and consultant on workplace management issues.

Amongst his many activities, Ken is a published authority on independent contractor issues and directs research on related commercial and trade practices issues. His strongest interest is management issues and the development of internal and external relationship building for organizations. Within this framework he promotes the concept of 'markets in the firm'. Through his numerous articles in newspapers and think-tank and academic journals, Ken is known for approaching issues from outside normal perspectives and is frequently sought out for media comment.

Ken was ICA's representative at the 2003 and 2006 International Labour Organisation debate on the 'Scope of Employment Relationship.' (Click here for reports.) The ILO outcomes formed the conceptual basis for Australia's Independent Contractors Act.

Ken has published a book entitled Independence and the Death of Employment. Information about the book is available here.


Board members

Matthew Franceschini
Matthew Franceschini is Chief Executive Officer and Founder of Entity Solutions.

A background in recruitment, taxation, accounting and contractor management gives Matthew Franceschini a unique insight into the compliance and governance challenges organisations face when engaging Independent Professionals (IPros) on a contract basis.

After several years with the ATO and Adecco, the vision for Entity Solutions was born whilst Matthew was working for Icon Recruitment where he oversaw 130 contractors and 50 accounts.

Identifying a strong growth in the number of highly skilled, contract based professionals Entity Solutions was conceived as a means to provide services to this burgeoning workforce demographic. It soon became apparent that a market also existed for services to Australian enterprise, providing the means and know-how for corporations to engage with an increasing number of IPros in a risk free, well-governed and compliant manner.

As the CEO of Entity Solutions, Matthew is responsible for corporate governance and business strategy. He plays an active role in developing new business relationships and presenting to Federal Government on key areas of expertise, such as Migration and Australian Workplace Agreements and Reform.

Matthew holds a Bachelor in Economics from Monash University and is a qualified accountant and tax specialist. Matthew is a Director of the Independent Contractors of Australia, Co-Chairman of the Mates of Melbourne and a member of The Executive Connection (TEC).


Michael Moore
Michael Moore is a retired company director with a wide experience in business and the community.

For all of his business life, Michael was very much the entrepreneur. He built one of the largest privately owned poultry breeding business in Victoria before turning his expertise to genetic engineering technology in the cattle breeding industry, breaking new ground in embryo transfer technology. He perfected the DNA technology for animal identification now in use world-wide.

Michael had an active involvement as a director of several listed companies over two decades, first in retail then as a director of building societies.

He was a Councillor of Pakenham Shire and Shire President, a Melbourne City Councillor, committee member of the Melbourne Chamber of Commerce, advisor to government on agricultural issues and active in agricultural educational institutions, including TAFE.

Michael holds a Bachelor of Commerce and Honorary Bachelor of Business (Agricultural Management). He's been active in the horse racing industry and member of the Melbourne Cricket Club for 50 years.


Profiles for other members of the Board will be added in due course.