NSW Food Authority Law Update: Local councils to regulate home-based food businesses from 1 July 2018

If you operate a food business that sells direct to the final customer notify your local council of your business and food activity details. 

If your business do not retail food direct to the customer (i.e. they sell to another party such as a cafe or restaurant to on-sell), they need to notify the NSW Food Authority of their business and food activity details. Go to: www.foodnotify.nsw.gov.au  

Are you unsure whether you operate a food business?

A food business is any food preparation, food storage or food distribution activity which handles food for sale, including not-for profit organisations offering in-kind rewards.  If the handling of food for sale occurs at an address which is also a domestic premise, there are special food safety issues to consider.

Obligations for food businesses

Like all food businesses, those based at home must comply with the relevant parts of the Food Standards Code, including:

•           Standard 3.2.2 Food Safety Practices and General Requirements

•           Standard 3.2.3 Food Premises and Equipment

•           Part 1.2 Labelling and other information requirements.

Before a food business can start operating, owners need to make sure the proposed activities are approved by their local council. Some councils may not approve operations involving high risk foods. 

Issues to consider for food businesses

Anyone in charge of a food business needs to identify food safety issues and implement measures to control risks.

Premises design and construction

Standards for flooring in kitchens and storerooms, and requirements relating to personal hygiene areas, need to be met such as adequate hand washing facilities which must be available. Check with the local council about what is acceptable.

They can also advise on zoning restrictions, development planning, construction and fit-out standards, waste disposal, environmental controls and any other local regulations.

Keep cold foods properly refrigerated

Adequate refrigeration capacity is essential to make sure that cold food remains safe. It is important to keep certain food such as meat, eggs and dairy under 5°C at all times, including during transport. 

Overloading domestic refrigerators and constantly opening the door means food takes longer to cool, or does not stay cold enough meaning harmful microorganisms have more chance to grow. Always use a fridge thermometer to check that your fridge is cold enough.

Cook food thoroughly

Cook food thoroughly without overloading the oven. Cool down cooked food as quickly as possible, e.g. refrigerate in small portions to allow proper cooling. Use a food thermometer to make sure what you are cooking reaches the required temperature.

Handle food hygienically

It is very important to keep ready-to eat food and raw food or ingredients separate. This means that food contact surfaces, utensils, containers, tea towels etc. should not be used for both raw and ready to-eat foods without being thoroughly cleaned in between.

Everyone who handles food for sale must have food safety skills and knowledge appropriate to their activities. Top of the list is proper hand washing, especially after using the toilet. Single-use towels are the safest way to dry hands as tea towels can transfer dangerous organisms between hands and food.

Young children, pets, and people who are sick should stay out of food preparation areas. Food must be protected from pests and vermin at all times, including raw ingredients.

Store food safely

Food containers and other containers should not be re-used if they are not rated for multiple use by the manufacturer. Some food containers can transfer harmful chemicals to food if not used correctly.

Product labelling

Labels of packaged foods must show: 

•           name of the food

•           manufacturer address details

•           the list of ingredients

•           ‘best before’ or ‘use-by’ date, as appropriate

•           batch numbering for traceability 

•           directions for use and storage

•           a Nutrition Information Panel (unless exempt)

•           the country of origin of the product and its ingredients

•           any other requirements of the Food Standards Code. 

There are also labelling restrictions to comply with, such as declaring ‘characterising ingredients’, making health claims in product marketing and other prohibitions 

Keep records

It’s a good idea to keep records of ingredients’ batches so these can be traced if an ingredient is recalled by another producer.

For further information on food safety tips, training and HACCP Manuals, call ISOsafe on 1300 789 132.

Townsville Café Owner Penalised $54,000 Over Failure To Pay Unfair Dismissal Compensation

A record penalty has been imposed against the former owner of a café, for ignoring a Fair Work Commission order to compensate an employee who was unfairly dismissed.

The business owner, who formerly owned and ran the café, has been penalised $9000 and his company has been penalised a further $45,000, in the Federal Circuit Court.

The $54,000 in penalties is a record for a Fair Work Ombudsman legal action against an employer for failing to comply with an order to pay unfair dismissal compensation.

The Fair Work Ombudsman reiterated that the Agency is prepared to use every tool at its disposal to ensure legal orders are complied with and justice is served.

The Fair Work Commission made an order requiring the company to pay $6200 compensation to an employee in 2016.

The Commission found the employee had been unfairly dismissed in 2015 after working at the café as an assistant and a manager.

The employee contacted the Fair Work Ombudsman seeking assistance after the compensation amount was not paid.

Fair Work Ombudsman Inspectors made several requests for the former business owner and his company to comply with the Commission’s order - but the former business owner refused to pay the amount ordered by the Commission, advising an Inspector that the worker would “get nothing out of me”.

The former business owner and his company paid the worker the outstanding unfair dismissal compensation owing to her only after the Fair Work Ombudsman commenced legal action.

The Fair Work Ombudsman has commenced legal action against several employers over the past six years for failing to pay unfair dismissal compensation ordered by the Fair Work Commission.

The previous largest penalties of nearly $50,000 were secured against a Melbourne based company and its director in 2014 for failing to pay $2200 compensation.

Are you finding it difficult to comply with Fair Work requirements?
ISOsafe offer Fair Work support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.
 

Painting Contractor Certification Program (PCCP) Accreditation Help

Whether you’re a start-up or well established business sometimes you need expert guidance. You need to move forward with a well thought through plan. Perhaps you don’t have the internal expertise, perhaps you don’t have the bandwidth, or perhaps you just want a second opinion? ISOsafe are PCCP and APAS experts. We helped dozens of businesses gain PCCP and APAS

How we help:
Devise a strategic plan for your PCCP or APAS project;
Cost-effective fixed priced advice;
Tried and proved methodology; and
Fast-tracked APAS or PCCP certificate for your business.

Best results are often attained by conducting our work onsite, in person. This allows us to immerse ourselves in your business and your culture.

What you can expect:
Highly experienced consultants. While our consultants come highly experienced they are also constantly training, keeping at the forefront of industry advances and the latest thinking;
Actionable. Our advice is not some pipe dream, it’s an achievable action plan of next steps;
Independent. We do not partner with nor are a reseller of any third party platform or service. We receive no leads or kick backs from any product or service we recommend. We work for you and you alone;
Confidential. We do not share what we’ve done for you with any other business; and
Cost effective. Structured service ensuring your project is managed on schedule and on budget.

Contact ISOsafe today to find out how we can help your business with PCCP or APAS accreditation.
 

A Massage Parlour Operator “too busy and lazy” To Keep Records Has Been Fined $43,200

The operator of a number of massage parlours in Adelaide who said he was “too busy and lazy” to keep proper records has been penalised for contraventions of record-keeping and pay slip laws, following legal action by the Fair Work Ombudsman.

The penalties, imposed in the South Australian Employment Court, are the result of legal action by the Fair Work Ombudsman.

The Fair Work Ombudsman audited the business owners massage parlours in 2016 as part of unannounced visits to 19 massage shops in Hobart and Adelaide, which were conducted in response to concerns of non-compliance in the sector.

However, the operator responded by advising that the records requested by the Fair Work inspector were not kept and that staff were not issued with pay slips.

In an email to a Fair Work inspector, the business owner stated that “During the past few years, I did not do the records and other things properly, because I am too busy and lazy”.

The contraventions occurred despite the Fair Work Ombudsman having previously put the business owner on notice, during investigations in 2012 and 2014, of the need to comply with record-keeping and pay slip obligations under the Fair Work Act.

Deputy President Michael Ardlie found that the contraventions were “serious”, and said “Proper record keeping and the provision of pay slips is essential to ensure there is compliance with workplace laws.”

“The failure to maintain relevant records frustrated the investigation process. Further, it is not known whether employees of the respondent suffered any specific monetary loss or entitlements in the absence of relevant records.”

We Help You Keep Records and Comply With Workplace Laws
ISOsafe offer Fair Work support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.
 

Perth Security Company Caught Underpaying Security Guards Cops $81,000 In Penalties

A Perth security company has been penalised in Court for underpaying its guards more than $200,000.

A penalty of $81,270 has been imposed against the Rockingham-based security company in the Federal Court, as a result of legal action by the Fair Work Ombudsman.

In addition to the penalty, the company has back-paid 22 security guards a total of $205,408 it underpaid them between December, 2014 and January, 2016.

Underpayments of individual workers ranged from $227 to $20,174.

The Fair Work Ombudsman discovered the underpayments when it conducted a self-initiated audit of the company in 2015 as part of proactive campaign in Perth’s southern suburbs.

Fair Work inspectors found that the guards - including 13 who performed permanent night work - were paid flat hourly rates of between $21.50 and $24 for static guard work and $25 for patrol work.

This led to the guards being underpaid their minimum hourly rates, casual loadings, overtime pay and penalty rates for night, weekend and public holiday work under the Security Services Industry Award.

In his judgment on the matter, Justice Michael Barker dismissed the company’s submission that it thought paying flat rates above lawful minimum rates for ordinary hours would counteract the different rates of pay for other periods as “at best, a misunderstanding of the law, but a lame excuse”.

Justice Barker accepted that there may have been no blatant design to circumvent the law but found that there was no real excuse for the contraventions, which occurred without any regard for the award requirements.

Justice Barker also ordered the company to commission workplace relations training for its managers.

The company back-paid the guards after the Fair Work Ombudsman commenced legal action.

Are You Looking For Workplace Relations Training For Your Managers?
ISOsafe offer Fair Work support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.