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Chambers Investment Planners Policy & Procedure Dealer Group Manual Policy & Procedures: Dealing with Adding products to APL Dealing with Finance Dealing with Insurance Dealing with Marketing Dealing with SOA fees & Commissions Human Resources: Recruitment Procedure Placing Job Advertisements Interview Questions Reference Checklist Appointment Letter Position Description Employee Details Form Job Description - Sales Job Description – Receptionist Performance Management Overview 2 4 5 6 7 9 11 13 15 16 22 23 24 25 26 1
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P&P - Dealer Manual

Nov 12, 2014

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Page 1: P&P - Dealer Manual

Chambers Investment Planners

Policy & ProcedureDealer Group Manual

Policy & Procedures:Dealing with Adding products to APLDealing with FinanceDealing with InsuranceDealing with MarketingDealing with SOA fees & Commissions

Human Resources:Recruitment Procedure Placing Job Advertisements Interview Questions Reference Checklist Appointment Letter Position Description Employee Details Form Job Description - Sales Job Description – Receptionist

Performance Management Overview Formal Reviews Counselling Procedure Sample letter – Formal counselling meeting Sample letter – Warning (and Final) letter Sample letter – Termination

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Policy & Procedure

ADDING PRODUCTS OR FUNDS TO THE APPROVED PRODUCT LIST (APL)

Aim: This procedure is an outline and guideline for approving products onto the APL for Chambers Investment Planners

Responsibility: General Manager

Purpose: The APL is set by the dealer group (Chambers Investment Planners) and is adjusted from time to time to allow for additions, subtractions and updates of managed funds, investment products and insurance products.

Advisers can only provide advice on products from the most current APL

Chambers will monitor all products on a monthly basis to make sure the APL remains current and should changes be require, all advisers will be notified via email. A copy of the most recent APL will also be posted on the website under ‘Adviser Lounge’.

Advisers will receive regular (and random) checks by the dealer group of products they are using. This could be conducted via commission statements, audit checks, file checks or an on site request.

This procedure has been established to have a set procedure that is easy to follow for advisers who want to request an additional fund or product to be added to the APL.

Action: Products that are not on the APL can be requested by the adviser to be added. This can be done by completing the attached Recommendation for Approval - Adding a Product form.

The Investment Committee will then consider the Recommendation and conduct their own research from Lonsec and discussion. The approach will be to consider the recommendation while protecting the dealer group and the adviser long-term risk. This criteria will be set by the Investment Committee.

If Investment Committee is happy with recommendation, they will get sign off and the product/fund to the APL. A summary will also be put together of the product by the Para-Planning department to be added into future SOA’s.

Once granted (if granted) all advisers will be notified that the product has been added to the APL and if applicable the cut off date for new funds. Dealer will also notify if this is a once off approval.

Notification will be in the form of email and the website will be updated to reflect the change with 24 hours. Advisers can then request SOA’s include this new product for their clients.

Costing: Nil

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Signed off_________________

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Recommendation for Approval – Adding a Product

Request for new product or fund to be added to Approved Product List

Name of Adviser:

Date:

Type of request:

Add new Managed FundAdd new ProductAdd new Insurance CompanyOther_________________________

Is this a once off product inclusion(i.e for one particular client) or is it for long-term inclusion?

Once off Long-term

Name of product/fund

Type of product (e.g. Aust share fund, agri, insurance, international etc..)

Reason for recommendation:

Cover areas such as:Applicable for what type of clients?You’re knowledge of the Provider?Your knowledge of management team?What are the risks?Previous returns?Expected returns (income & capital)?

Do you have a third party research report?If so, who?

Have you checked to see if there are more competitive products?Is a PDS available? If so, please email to us or let us know where we can get a copy?

Note: Please provide the above information as a minimum so that the Investment Committee can form an educated opinion. Without this information, the request will not be viewed.

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Policy & Procedure

DEALING WITH FINANCE FOR CLIENTS OF MEMBER FIRMS

Policy: There are two types of Finance:

Personal Finance (such as mortgages, investment loans etc..)

Commercial Finance (such as leasing, commercial premises, car etc..)

As a integral part of the Chambers Method of advice, clients are advised on their debts and cash-flow and often will require a re-finance of their Personal Finance debts. Therefore this offering is approved by the dealer group in accordance with the Approved Product List for finance providers.

Due to Commercial Finance being a different market and considered time consuming compared to our core market, this will not be offered as a service to clients of our Member Firms. We are happy for Member Firms to outsource this if they wish.

Responsibility: General Manager

Procedure: Personal Finance: A per the Policy & Procedures for Member Firms and implemented under the COIN workflow software.

Commercial Finance: Not applicable.

Reasons: There is more time and cost involved than the return from this type of business. Happy for Member Firms to refer it out to a third party who do this type of business.

When compared to the revenue generated form the Chambers Method business, it is not a profitable part of an investment advisers business.

Costing: Nil

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Signed off_________________

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Policy & Procedure

INSURANCES - DEALER GROUP PROCEDURE

Aim: This procedure is an outline and guideline for Member Firms to understand what the procedure is for Personal Insurances

Responsibility: General Manager

Expertise: Within this Procedure we refer to Adviser and Member Firm (MF) separately. This is because there are certain functions that must be action by an Adviser (an Authorised Representative – PS146 trained) and other functions that a support person from the Member Firm could process.

Action Steps: Member Firms (MF) are to only offer Personal Insurances to clients that they have already receive fees or commissions for (i.e. client has other business with MF). Due to time & cost, this service is not to be offered to clients ‘off the street’.

Adviser of MF are to gather client’s information via COIN data collection method or use the template Risk DCF available on the CIP website.

COIN – if MF using COIN they would follow the Policy & Procedures Manual for insurances.

Adviser will then get client to sign DCF and keep copy on file.

Member Firm will calculate appropriate levels of cover and research the appropriate insurance companies. This would be done either via COIN or their own Research provider (must be either Cannex, BOSS or Plantech which are three of the most used research tool services in Australia).

From the research, actual costings will be processed and a Risk SOA would be produced. Adviser to check the SOA and the research. Adviser presents SOA and gets signature on Authority to Proceed. MF will then complete application forms and submit to relevant insurance company.

MF will process any follow-up requirements for the business to be completed.

MF will receive higher split of 85%.

Costing: CIP – nilMF – research software only (if not using COIN)

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Signed off_________________

Page 7: P&P - Dealer Manual

Policy & Procedure

MARKETING MATERIAL AND SERVICES OFFERED TO MEMBER FIRMS

Policy: General marketing information such as templates, letters, flyers will be offered to all Member Firms and available via the Adviser Lounge on the dealer group’s website.

Special marketing requirements such as radio advertising scripts, subsidiary for seminar costs etc…will be on a Manager’s discretion

Responsibility: General Manager

Procedure: Any requests that Member Firms have for funding or marketing material that is not already provided via the website, must be in writing (via email) to the General Manager.

This should include actual costing of requirements and proof that research into pricing has been done.

The General Manager needs to then determine the possible revenue such a request could generate versus the outlay. The General Manager would then summarise this and present it to George Takla for sign off.

These types of requests will be considered favourably if the Member Firm has been a typical supporter of the Chambers Method in the past.

At this stage no maximum will be set. Reviewed on a case-by-case situation.

Reasons: Encourage Chambers Method style of business & reward those Member Firms that provide business back to Chambers.

Costing: Nil

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Signed off_________________

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Policy & Procedure

DEALING WITH SOA FEES AND COMMISSIONS

Aim: To have a clear and fair process in place for invoicing and payment of SOA fees and commissions so that advisers are aware of the steps involved and know what to expect.

Responsibility: General Manager

Policy: Advisers can request an SOA from the Para-planning department, upon completion of a DCF. Any fees for this SOA will be the responsibility of the Adviser to collect (any fees must be made payable to dealer for regulatory and PI reasons).

For all completed SOA’s by the Para planning department, each adviser will be billed from the next commission run. The amount of this fee will be predetermined by the Para planning department and be deducted from the commission run before any dealer or adviser splits. This is to cover for the time spent on preparing the SOA.

Should an adviser choose to charge the client more than the predetermined SOA fee, the balance will be paid to the adviser after normal dealer split (e.g. 30%).

The cost of preparing SOA’s will be charged regardless of whether the client proceeds with the adviser’s advice.

Should an adviser’s office prepare the SOA themselves (only applicable for Non-Chambers business), they can charge whatever they feel suitable for the time required. The fee must be payable to the dealer (or charged from within the investment). This SOA fee will be subject to the normal dealer split. Therefore an adviser will need to allow for the fact that a dealer split will be deducted.

Example 1: Adviser charges client $1000 SOA fee for a Chambers Method client and requests the Para planning department to prepare SOA for set fee of $550. After completion of SOA, adviser will be billed $550 at next commission run prior to dealer split. The balance of $450 will be paid back to adviser after 30% dealer split.

Example 2: Adviser charges client $1000 SOA fee for Non-Chambers business and prepares SOA within own office. Payment for this SOA fee must go via the dealer group. At next commission run, adviser will be paid the balance after 15% dealer split is deducted.

Procedure:Chambers Method: When adviser consults the client and completes DCF, they will explain the fee required to complete an SOA (this fee structure will be determined by the Para Planning Department and will vary depending on complexity).

The SOA request must go via the Para planning department. The adviser will request client to sign DCF before sending through to the Para Planning department. Without a signature, the SOA will not begin.

Non-Chambers clients: The adviser can choose to submit via the Para planning department or process in-house. Any fees for in-house processed SOA’s, must go via the dealer group, for regulatory and PI reasons.

Collecting fees: The invoice for a SOA will then be prepared by the adviser’s administration person. An adviser has the option to charge the client upon implementation or not at all, however for all SOA’s submitted to the Para Planning Department, the adviser will still be charged for the SOA regardless.

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At the end of each month, the Para Planning department will send a report of all completed SOA’s (along with the corresponding adviser) to the Commissions Department for processing.

The Commissions Department will deduct the appropriate charge from the adviser’s next commission run (e.g. Adviser requested 3 SOA’s at $550 each, during the month of August – then a deduction of $1,650 will be deducted from the September commission run).

This deduction of SOA fees with be processed prior to the dealer split.

All advisers will be sent a commission summary once payment has been processed.

Reasons: We want to make sure the Para Planning department does not run at a loss and they are not spending their time chasing fees. We also want the process of starting an SOA to be an easy one, without delays.

We understand that it is impractical for an adviser to request payment of SOA from a client on their first visit.

We want to have complete information provided to the Para Planning Department.

We want ease of collection of SOA fees and a setup that is fair for both. By having the fee deducted prior to dealer split, we are not disadvantaging the adviser twice.

We are providing the option for some advisers who want to process the SOA themselves.

Costing: Set fee for SOA’s to be determined by Para Planning Department.

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Signed off_________________

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HUMAN RESOURCES

Recruitment Procedure

Aim: To recruit the best person for the jobTo minimse staff turnoverTo thoroughly induct new employees

Responsibility: Director - Member Firm

Action Steps:

Identify skills required in role Prepare a defined job description (this should be done in conjunction with

your Business Mentor)

Write Job Decription (see ‘Outline for Job Advertising’) Highlight any relevant details, use attention grabbing headline, and include

plenty of adjectives (describing words).

Identify if you can first internally transfer Are there staff that may want to look at this position, looking for advancement

to further develop their skills and knowledge within the company?

Identify performance indicators This should be done in conjunction with Business Mentor

Place Job advertisement See ‘Outline – Placing Job Advertisements’ Look at www.seek.com.au, look at local & national papers, email colleges you

know to keep an eye out for possible candidates such as BDM and other contacts

Sort through Curriculum Vitae’s Find which applicant suit the performance criteria Look for how they have worded their CV and any errors Initially conduct a phone call to chat some more about their CV and fill in any

gaps that you may be unsure of If appropriate, organise an interview.

Interview applicants Use ‘Sample Interview Questions’ to conduct your interview This person could be representing your business, therefore look for

presentation, communication, skills on relevant software, knowledge in certain key areas

Salary and conditions should be mentioned at this interview

Filtering applicants After each interview, allow 5 minutes to make some notes on each CV as a

reminder Go through and narrow down to three possible candidates

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Recruitment Procedure

Arrange second interview Of the suitable candidates, organise for them to have an interview with person

they will be reporting to directly. Reconfirm salary and benefits of Company Gather feedback from these 2nd interviews Ask for permission to phone the Referees on their CV Make decision on best possible candidate

Applicant contact Phone successful candidate to offer the role, make mention of starting dates

and times and reconfirm salary package Only after successful candidate has accepted, then phone non-successful

candidates of outcome. This should be done in a very positive manner in case you need to fall back on them

Offer of Employment An Offer of Employment (see attached) should then be sent in the mail to

successful applicant. Organise for candidate to fax or drop off signed copy of Offer as soon as possible

Return of Offer Upon return of the Offer of Employment, if applicable, organise desk space,

stationary, email connection, internet connection, business cards, mobile phone, any other relevant tools or systems the employee may need.

Make sure the reporting line person has allowed time in their diary for training of the first week the employee starts.

Induction Process A thorough induction process integrates a new employee into the company

and ensures a more effective employee sooner. The new employee should be taken around a tour of the office, safety and risk management measures, meet & greet other staff and be given time with their reporting line managers

Structured Training In-house & external? In conjunction, you should organise appropriate training

for employee. Ulitise your network of fund managers and insurance companies.

Performance Management Applicable for sales orientated roles: A thorough discussion should be had

with employee about the Performance Measure and have each area explained. Have everything in writing and set the parameters upfront. “If it is not in writing, it wasn’t discussed”.

This would be done in conjunction with Business Mentor

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Recruitment Procedure

Outline - Placing Job Advertisements

Job title Give the position title

Ad Details

Introduction: In-force the main jobt description In-force the main selling points of the role Entice the candidate to read on down the page

Format: Make it sound inviting to prospective employees Detail the things most important to you and most appealing to the candidate first Present information in a logical order Use sub headings to make the details easy to read at a glance Consider listing key items with bullet points Ensure you have included keywords related to the role List secondary items such as visa obligations toward the end

Details: Salary and attractive perks Employer details Job location Work environment Your requirements:

Software knowledge Key skills Qualifications Professional membership Work history requirements Special skills – languages etc Include the facts and be descriptive

Contact details

Include name of contact, phone number, email address and maybe close date.

See over for Example

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Recruitment Procedure

Example

Para Planning Assistant

Planning experience preferred Excellent people skills Good salary depending on experience

We are one of Perth's most profitable financial planning firms and are expanding across Australia. We focus on wealth creation and advertise regularly on radio.  We require someone to support our Senior Para Planner in the preparation of Statements Of Advice and assisting our financial advisers. The role is full time and we would prefer someone with Para Planning experience. If you have used the COIN software, then that increases your chances of getting the role, but not essential. You will need to enjoy the fast pace of the financial planning industry and be prepared to learn from a leader in this industry. Good technical skills and knowledge of superannuation is desired, with education/studies in this field essential. Attention to detail is also important. You will also receive training on how we do things and be given responsibility within a short period of time that will build your profile. Career advancement is available. Salary range will vary depending on experience. We are currently looking at between $35k and $50k. If you are interested, please forward me your resume.

Darren JosephGeneral ManagerAny enquires, contact myself on (08) 9321 3200Email: [email protected]

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Recruitment Procedure

Sample Interview Questions

Manager Role: Can you give examples of how you have kept your staff focused in the past? Have you had to manage sales targets? If so, what methods do you use to try

and obtain these targets? How have dealt with staff conflict in the past? If so, how did you approach

this? Have you had to remove staff in previous roles and if so, how did you go

about this? How do you think others would explain your leadership and management

style? How do you manage your time? Can you give examples of when you have been under intensive time pressure

and how have you dealt with this? Have you had to deal with advisers in the past? If so, can you give an

example of some success that you had with them? Have you had any failures with advisers? If so, how did you handle this and

what steps did you take to resolve the issue?

Sales Role:

What are your views about working in a commission only role? What income range are you aiming for in the first year? And what about by year three? How many working hours a week do feel would be necessary to reach your

target income levels? How do you motivate yourself? How do you manage your time and appointments? How would you rate your organisation ability? How would you rate your efficiency ability? What kind of people do you find it hardest to work with? Provide some examples of how you deal with work related stress? What drives you? (e.g. money, family, recognition, self fulfilment etc…) Are you prepared to undertake further training? What personal achievements are you most proud of? Are there any reasons why your working capabilities may be restricted in the

future? (e.g. family commitments, health, travel etc..) Do you get more excited about hitting your own personal targets, or betting

others within your company/organisation?

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Recruitment Procedure

Administrative Role:

Why does this industry interest you? What are you career aspirations for the newt two years? How do you prioritise your workload? Have you had an excellent customer experience, when purchasing something

in the past? Explain why you rate this so high? In the past when you have made a mistake, what were your steps to try a nd

correct this? What do you think has been your greatest career achievement so far? How would you rate your organisation ability? How would you rate your efficiency ability? What kind of people do you find it hardest to work with? Provide some examples of how you deal with work related stress? What drives you? (e.g. money, family, recognition, self fulfilment etc…) Are you prepared to undertake further training? What personal achievements are you most proud of? Are there any reasons why your working capabilities may be restricted in the

future? (e.g. family commitments, health, travel etc..)

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Recruitment Procedure

Reference Check - StandardCandidate Name:

Referee’s Name:

Referee’s position:

Company:

Date conducted:

Conducted by Consultant:

Telephone no:

Left message?

Consultant must read to referee BEFORE commencing & obtain authorisation:

Please note that in accordance with the Privacy Amendment (Private Sector) Act 2000, candidates can now obtain private information held and obtained by us if they choose to do so, which could include the details about to be disclosed in this reference check.

1. Are you happy to proceed on this basis?

2. Do we have your permission to disclose these details to potential employers on behalf of the candidate?

Yes / No

Yes / No

Position held:

Tenure:

Referee’s relationship to candidate?

Description of Main Duties:

Reported to?

How would you rate their honesty and integrity?

People skills with clients?

People skills with other professionals?

How would you rate their business skills?

How would you describe their ability to meet deadlines & work under pressure?

How would you rate their punctuality?

Have you ever had any concern with his treatment of clients?

Verbal communication skills?

What would you say are their main strengths?

Is there anything else we should know?

Other comments:

Thank you for your time.

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Recruitment Procedure

Sample Appointment Letter

Date

NameAddressSUBURB STATE 9999

Dear Name

Offer of employment – Position description

We are pleased to confirm our offer to you to join Name of company Pty Ltd. (Company) in the position of Position description. The terms and conditions of your employment are set out below.This letter of employment is intended to create a legally binding employment contract between you and the Company. The terms and conditions set out in this letter will apply once you sign the attached copy of this letter and return it to the Company. Please read this letter carefully.

Commencement and durationYour employment with the Company will commence on Date Month Year and will continue until your employment is terminated in accordance with this agreement.

Terms and conditionsThis letter of employment and the attachments to it together with any Company policies and procedures that may exist from time to time represent the sole and only terms and conditions relating to your employment with the Company. A variation to these terms and conditions may be made by the Company on not less than one month’s notice to you and, with the exception of remuneration, will be by mutual agreement.You are expected to observe and abide by all Company policies and procedures in place from time to time including any Company’s Code of Conduct.

Duties and responsibilitiesDuties and responsibilitiesThe basic duties and responsibilities you are required to fulfil include but are not limited to those in the attached position description (see Annexure - “Position Description”). These duties and responsibilities may be varied as necessary by the Company.The Company may require you to carry out other duties within your competence, skill and training.Performance of dutiesIn the performance of your duties you must:(a) promote the interests of the Company and its related companies (Group);(b) use your best endeavours to protect and promote the activities and reputation

of the Group; (c) refrain from acting in conflict with the interests of the Group;

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(d) to the best of your knowledge and abilities, perform the duties assigned to you to the satisfaction of the Company.

Responsibility to the CompanyIn addition to the specific duties outlined in the Position Description, you are also required to:(a) comply with all lawful directions and instructions given to you by the

Company;(b) act in an ethical and professional manner; and(c) keep up to date with developments in your field of work.

Reporting and sectionYou will report directly to Supervisor Name and you will be based at the Company’s premises in Location.

RemunerationTotal remunerationYour base salary is $00,000 plus 9% superannuation contribution. You base salary will be reviewed after the Probation Period with the view of an increase.Payment of remunerationYour base salary will be paid Frequency of pay by direct electronic transfer to your nominated bank account.Superannuation contributionsThe Company will make superannuation contributions (as part of your total remuneration) on your behalf in accordance with legislative requirements. Remuneration reviewsYour total remuneration may be reviewed on a annual basis, with your first review at the end of your Probationary Period.

Probationary periodYour employment is subject to the satisfactory completion of a three-month probationary period. During the three-month probationary period either party may terminate your employment by giving two weeks’ notice or payment in lieu of notice.If you are appointed to a permanent position, your employment will continue until terminated in accordance with the terms and conditions set out in this letter.

HoursThe Company’s usual daily hours of work are 8.30am to 5.00pm, Monday to Friday with one hour for lunch. However, commencing and/or finishing times may vary to meet the operational needs of the business.

Leave entitlementsPublic holidays, annual leave and long service leave(a) You will be entitled to public holidays, annual leave and long service leave in

accordance with the applicable legislation.(b) Your 20 days of annual leave accrues pro rata on a weekly basis and must be

taken at a time mutually agreed between you and the Company, or failing agreement as directed by the Company on at least two weeks’ notice.

(c) Subject to any statutory provision, the Company may require you to take any significant accrued leave entitlement. Annual leave may generally accrue to a maximum of 30 working days. You may be directed to take leave that accumulates over and above 30 working days at the discretion of the Managing Director.

(d) Long service leave must be taken at a time mutually agreed between you and the Company, or failing agreement as directed by the Company on at least two weeks’ notice.

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Sick and carer’s leave(a) You will be entitled to ten days paid sick or carer’s leave for each full year of

completed service. (b) You must, if required by the Company, provide written evidence to the

reasonable satisfaction of the Company that any absence was due to illness or in voluntary injury.

(c) Your sick leave entitlement accrues on a pro rata basis and is cumulative from year to year but is not paid out on termination.

Other leaveYou will be entitled to bereavement leave, parental leave and other approved leave in accordance with the Company’s polices as amended from time to time.

Training and developmentThe Company is committed to ensuring all staff develop their skills and knowledge in order to benefit staff themselves and the Company. In addition, you will have the opportunity to attend external training courses if deemed appropriate and approved by the Company.

Occupational Health and SafetyAs an employer, the Company accepts its obligation to provide a safe working environment and to protect the health of its staff within the Company's premises. As an employee, you have an obligation to comply with and promote our Occupational Health and Safety policies.

Confidentiality Your obligationsYou must:(a) keep any Confidential Information secret and confidential, except to the extent

that you are required by law to disclose it;(b) take all reasonable and necessary precautions to maintain the secrecy and

prevent the disclosure of any Confidential Information; and(c) not, except in the ordinary and proper course of employment with the

Company, disclose Confidential Information to any third party without the prior written consent of the board of the Company.

Confidential InformationConfidential Information means; any information in respect of the Company or the Company’s business (including, but not limited to, any idea, concept, process or know-how) which is not in the public domain (other than as a result of a breach of the Company’s confidence) which:(a) comes to your notice in the course of your employment; or(b) is generated by you in the course of performing your obligations.Notify the CompanyYou must immediately notify the Company of any suspected or actual unauthorised use, copying or disclosure of Confidential Information.

Intellectual propertyOwnershipSubject to any express written agreement to the contrary, all intellectual property created by you in the course of your employment with the Company automatically vests in the Company.AssistanceYou must do all things necessary or desirable to vest in the Company ownership of any intellectual property created by you in the course of your employment with the Company.

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Disclosure inventionsYou must disclose to the Company any discovery, invention, secret process, system or improvement made or discovered by you during the course of your employment with the Company in connection with or in any way affecting or relating to the Company’s business or capable of being used or adapted for use by the Company or in connection with its business.

Moral rightsYou consent to all or any acts or omissions by or on behalf of the Group (whether occurring before or after this consent is given) which infringe or may infringe any of your moral rights under Part IX of the Copyright Act 1968 (Cth) in relation any works or other subject matter created or developed by you during your employment. You acknowledge that the consent given is not based on any representation by the Company or anyone else about the use of these works or other subject matter.

TerminationTermination with noticeYour employment may be terminated at any time by either party giving one month’s written notice to the other, or by payment in lieu of notice.

The period of notice is increased by one week if you are over forty-five years old and have completed at least two years continuous service with the Company.

Where the Company wishes to terminate your employment and a notice period is required, the Company may make a payment to you in lieu of all or part of this period. This payment will be based on your base salary.Immediate terminationThe Company may terminate your employment immediately if you:(a) you have been given three warnings for performance related issues (b) commit any act which may detrimentally affect the Group including, but not

limited to, an act of dishonesty, fraud, wilful disobedience, misconduct, negligence or breach of duty;

(c) wilfully, persistently or materially breach this contract and do not remedy the breach within fourteen days after receipt of written notice from the Company specifying the breach;

(d) refuse or neglect to comply with any lawful direction given to you by the Company or any other person duly authorised by the Company;

(e) breach your confidentiality or intellectual property obligations under this contract;

(f) commit any act of bankruptcy or compound with creditors; (g) are convicted of a criminal offence and sentenced to imprisonment; or(h) are of unsound mind or become liable to be dealt with under any law relating

to mental health. Suspension(a) If it is alleged that you have engaged in conduct of a type referred to in clause

15.2 above or, if in the reasonable opinion of the Company the circumstances warrant:(1) the Company may appoint a person to conduct any investigation it

thinks fit into the allegations or the relevant circumstances;(2) you must attend the offices of the Company or elsewhere and give

information, explanation or other assistance to the person conducting the investigation, as directed by the Company; and

(3) during the whole or part of a period of investigation, the Company may, in its sole discretion, suspend you with pay for a period:(A) to be in the sole discretion of the Company, but not exceeding

four weeks; and

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(B) during which the Company is not obliged to provide you with work and you are not required to perform your duties.

Termination because of illnessThe Company may terminate your employment on the terms it thinks fit if you:(a) become incapacitated by illness or accident for an accumulated period of

three months in any twelve month period; or(b) are advised by an independent medical officer that your health has

deteriorated to a degree that it is advisable for you to leave the Company.Obligations on terminationOn termination of your employment, you must return to the Company all tangible property of the Company or any related body corporate including, but not limited to, all books, documents, papers, materials, computers, computer records, credit cards, cars and keys held by you or under your control.

Protection of the Company’s interestsRestrictionsOn termination of your employment, you represent and warrant that you will not, during the period of three months after termination of the employment:(a) anywhere within Australia directly or indirectly in any capacity (whether as

principal, agent, partner, employee, shareholder, unit holder, joint venturer, director, trustee, beneficiary, manager, consultant or adviser) carry on, advise, provide services to or be engaged, concerned or interested in or associated with any business or activity which is competitive with any business carried on by the Company or any of its related bodies corporate at the date of termination of the employment;

(b) canvass, solicit or endeavour to entice away from the Company any person who or which at any time during the Executive’s employment with the Company or at the date of termination of this agreement was or is a client or customer of or supplier to the Group or in the habit of dealing with the Group;

(c) solicit, interfere with or endeavour to entice away any employee of the Group; or

(d) counsel, procure or otherwise assist any person to do any of the acts referred to in clauses (b) and (c) above.

AcknowledgementsYou acknowledge that each of the above covenants are reasonable and necessary to protect the goodwill of the Company. You agree with the Company that they will operate to the maximum extent possible. If for any reason these restraints are void, the restraints will apply with the modifications necessary to make them effective.

Other employment, businesses and gifts(a) Whilst you are an employee of the Company you may not engage in other

income generating employment or business interests without the prior written consent of the Company.

(b) This does not prevent you holding shares in companies listed on any recognised stock exchange.

(c) Unless a disclosure has been made to the Company and you have complied with all directions of the Company, you must not have any direct, or indirect financial interest in any business, partnership, corporation or organisation that in the opinion of the Company would potentially or in any way compromise the performance of your obligations to the Group.

(d) You must not accept any payment or other benefit as an inducement or reward for any act in connection with the business of the Group.

Industrial instrumentsIf at any time an industrial instrument (including, without limitation, an award) applies to this employment agreement, you agree that (to the extent permitted by law):

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(a) the remuneration expressed in Clause 5 - Remuneration is in full compensation of all award, statutory or enterprise bargaining agreement entitlements and no entitlement to overtime, loadings, benefits, salary, wages, allowances, extra hours of work, travelling, training, work performed on a public holiday or benefit (howsoever phrased) will apply to your employment without the written consent of the Company; and

(b) the relevant industrial instrument applies to the employment as a matter of law only and does not form part of this agreement.

GeneralThis letter of offer supersedes all prior agreements, understandings, representations, and negotiations, whether written or verbal in respect of your employment with the Company and all previous agreements you may have had with the Company.Would you please also:(a) complete and return the enclosed Banking and Employee Details Form;(b) complete and sign the attached Tax File Number Declaration Form.Please return all documents to me marked Private and Confidential to the address below.

We hope you do join us and we think we can offer you a great future in a growth industry. Please call me if you have any queries. We look forward to working with you.

Kind regards

NamePositionCompanyAddressAddressPhone

Enc

I Employee name accept employment with the Company on the terms and conditions set out in this letter dated Date of Letter of which this is the last page.

___________________________________________________________________Signed: Date

___________________________________________________________________Witness: Date

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Annexure

Position Description – Position name

Summary

The Position Name plays a critical role at Name of Company with regard to supporting the Department name and working closely with Supervisor.

You will report directly to Supervisor who is responsible for your training, education and progress. Your performance will be assessed by Supervisor and discussed with Company name at the end of you Probation Period and at your annual reviews.

Job Roles:

The Position Name primary roles fall into broad categories:

Key tasks 1 Key tasks 2 Key tasks 3 Key tasks 4 Key tasks 5 Key tasks 6

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Recruitment Procedure

Sample Employee Details Form

Employees Details

Home Address ______________________________________________________

___________________________________________________________________

Home Phone _____________________ Mobile ____________________________

Start Date __________________ Probation Period End date ___________________

Reports to:___________________________________________________________

Staff responsible for #: _________ Position ________________________________

Tax File Number______/_____/_______ Award/Comm Rate __________________

Bank Details

Bank _________________________ BSB ______________________

Account # __________________________________________________________

Superannuation Company

Superannuation Co. ________________________ Member Policy # ____________

Address __________________________________ Phone ___________________

Emergency Contacts

Emergency Contact ______________________ PhoneEmergency Contact ______________________ Phone

Notes

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Sample Job Description – Sales Manager

KPI Measurement

Reports To: Licensee & Directors

Primary Duties: Recruit and select would-be productive advisers. Implement recruiting marketing plan. Induct and train would-be sales representatives. Coach and develop sales team. Create department / recruiting business plan. Manage staff within department on a day-to-day basis. Access training needs and action relevant training. Create marketing tactics. Provide assistance to staff where required and requested Review referral business and sources To ensure communication, understanding and conformance to company direction,

plans and budgets. To create and support team culture. To refine and develop all office policies and procedures.. To achieve the above objectives as a minimum. To attend all sales, and business meetings. Represent the office to the general public in a professional manner. Conduct performance review meetings and participate in performance review

procedures. Identify and record all non-conformances and suggestions for improvement.

Qualifications & Experience: You must be PS146 A current unsuspended ‘C’ class drivers license.

Skill Requirements: Professional Selling Negotiation Marketing skills an advantage Relevant software if applicable Written and verbal skills People management Business management

Ongoing Professional Development:You must attend relevant accredited training every year to ensure the required continuing professional development points are accumulated.

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Sample Job Description – Receptionist

KPI Measurement

Reports To: Licensee & Directors

Primary Duties: To work within stated policies, values and procedures. To greet everyone so as to make them feel important and valued. To receive & accurately record all telephone and personal contact with the office in a

professional, courteous and friendly manner. To ensure all telephone & personal contact details are received by the appropriate

person within one hour of contact to the office. To accurately and efficiently process all emails. To arrange all outgoing mail and couriers. To maintain the appearance of the reception area, windows, meeting rooms and

kitchen. To keep all printers, fax and photocopier stocked. To obtain all mail daily from the Post Office, to process all office mail and deliver mail

daily. To prepare and control all procedures relating to customer service, sales department

and property management. To cut out all ads placed by Company, updating advertising materials. To manage priorities & notify the Licensee or Directors of all priority conflicts. Typing of the office correspondence. To prepare marketing materials for sales department.

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Performance Management - Overview

Aim: To promote a result focused, active, loyal team

Responsibility: Director, Licensee and staff

Action

Performance management systems are designed so that employees are clear about the requirements of their role how their role contributes to the business, the relative importance of the components of their job and specific measures of their performance for which they are accountable.

Performance management is a whole work system that begins when a job is defined and ends when the employee leaves the company.

Performance management is the process of creating a work environment in which employees are enabled to perform to the best of their abilities.

It is vital that management is trained in the use of the performance management system, whether manual or electronic and employees need to understand and appreciate the value of performance management.

By setting specific goals the employee is more than likely to perform at a higher level and by enlisting the employees participation

Frequent performance feedback and follow up is vital to maintain the integrity of the process

Confidentially is essential to ensure the employee trusts the process and provides the environment required for them to open up and express their concerns, ideas and desires.

By clearly outlining what the company expects of the employee and how the company will measure this provides the opportunity for the employee to succeed. By failing to identify or poorly defining, disadvantages the employee and only creates resentment in the employee down the track when the company is trying to make them accountable.

A clearly defined job description along with Key Performance Indicators and method of measurement will be provided to each and every employee including working Directors and Licensee.

Recognition

Chambers Investment Planners believes an integral part of the performance management process is recognition. Listed are some of the recognition opportunities:

End of month meetings During the review process Yearly Administrators Award (awarded to any team member who has been

outstanding in the process of conducting their duties, who has gone the extra mile)

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Performance Management – Formal Reviews

Management Position

Conducted on a monthly basis at the end of the month

The previous month is reviewed, appointments, activity, systems, goals according to business plan, K.P.I’s are reviewed and goals are set for the coming month along with the methods to achieve these goals.

The manager is advised to meet with the licensee or director at anytime during the month if any assistance/guidance is required or if the manager wishes to discuss any progress or challenges.

Each year future growth or direction sought by the manager is discussed at length and ways are discussed as to how the employer may assist the employee in their attainment.

Certain team meetings also form part of the performance management process.

The Business Mentor or Licensee conducts the review.

Administrative Staff

Conducted after the first three months of employment to determine if employee is to be retained and then conducted quarterly.

Initially the year’s goals are broken down to smaller monthly goals. Methods of achievement are formulated. The goals –v- actual and the employee’s K.P.I’s are then reviewed at the quarterly meeting. Depending on the goals to be achieved it may be necessary to meet formally more frequently.

Staff would also like to participate in team meetings where department and individual performance is discussed and reviewed.

Employee is encouraged to approach the Licensee at anytime to discuss progress or challenges.

Each year future growth or direction sought by the employee is discussed at length and ways are discussed as to how the employer may assist the employee in their attainment.

The Manager & relevant supervisor if applicable, conducts review.

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Record Keeping

All assessments/reviews are filed on the employee’s personal file held in the Licensee’s Office.

Previous assessments are reviewed at the time of review in the presence of the employee to monitor improvement or show areas requiring attention. In the case of sales consultants and property managers the monthly sales and listing figures and year to date figures are also reviewed.

The employee is encouraged at all times to actively participate in the review process.

The company sees this as a positive experience for both the employee and the company.

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Performance Counselling Procedure

Aim: The aim of this procedure is to ensure employees receive regular feedback both formally and informally, coaching and future direction from their Employer

When: A performance issue arises

Responsibility: Employer, Directors

Action:

Once the Employer becomes aware of a work performance issue, they need to arrange a performance counselling meeting with the team member.

Prior to meeting: Gather evidence of employee’s unsatisfactory performance Review any relevant employment policies Review employees personal file Compile a list of concerns form the most serious to the least serious

Initial Meeting with employee: Consider whether either party wishes to have a third party at the meeting Ensure all details of the meeting are recorded Clearly outline issues to the employee Provide employee opportunity and time to respond to all issues Ask employee if there are any external factors which may impact on their

performance Consider if there is a need for additional training or coaching in certain areas Discuss and agree on an action plan fro improvements Agree on a reasonable timeframe Warn the employee of the consequences of failure to improve their

performance

After the meeting: Make any further file notes immediately after meeting File note all discussions and plan of attack and provide copy to employee Request employee to read through and if agree, sign a copy to be placed on

file

Improvement shown: After the agreed timeframe, the employee and employer should meet again to

discuss progress. If work performance have improved, no further action required.

No Improvement shown: After the agreed timeframe, the employee and employer should meet again to

discuss progress. If work performance has NOT improved then the above is repeated with a written letter saying that this is their second warning. The employer needs to notify to the employee that this office provides a three warning process before termination is taken.

Repeat the above steps and outline the requirements and need for additional training.

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Final Warning: After the second warning and the agreed time frame has elapsed, the

employer should conduct a follow-up meeting. If improvement has been made then there is no need for additional warnings.

If there is no improvement, then the employer has the option to demote the employee to another area or terminate their employment.

Termination: Should the employer decide to terminate the employee, then a letter must be

given to the employee on the day they are told of their termination.

The letter should specify the reasons for termination, warnings and dates for each reason and the amount of accrued money paid to them

The date of termination needs to comply with their employment contract

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Sample Letter – Confirming formal performance counselling meeting

Date

Name of EmployeeAddressSUBURB STATE POSTCODE

Dear (employee)

I refer to our meeting on the (Date). At the meeting we identified the areas where your performance can be improved, particularly (state nature of issue).

We are committed to assisting you to improve your performance so we have agreed on the following action plan during our meeting, which is designed to help you to improve.

(insert agreed measures/actions plan)

We have agreed to meet again on the (insert date of next meeting). If there has not been a significant improvement in your performance by (insert date) then formal work improvement procedures may be commenced.

If at anytime you have any questions amount this letter or the course of action, please contact me to discuss further.

Regards

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Sample Letter – Warning (and Final Warning) letter

Date

Name of EmployeeAddressSUBURB STATE POSTCODE

Dear (employee)

This correspondence is to confirm the continued assessment of you position with (company). Despite previous discussions about your capacity and role, your work performance remain unacceptable.

(outline areas where conduct and performance has still not match what was agreed upon)

Within 48 hours, we request that you provide a satisfactory personal action plan to address the above issues.

If the above action plan is agreed, then we will meet again in two weeks and should your performance still be unsatisfactory, we will issue a Final Warning.

If at anytime you have any questions amount this letter or the course of action, please contact me to discuss further.

Regards

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Sample Letter – Termination letter

Date

Name of EmployeeAddressSUBURB STATE POSTCODE

Dear (employee)

Re: Termination of Employment

It is with regret that we advise you of our decision to terminate your employment with (company name) forthwith.

This decision was only made after extensive discussions with yourself and the appropriate Directors.

It is based upon your unacceptable conduct/capacity/performance which was raised with you in the:

Warning Letters (dated)

Final Warning Letter (dated)

I enclose a cheque for any outstanding entitlements.

You are required of course, to return all company property by (insert date)

Regards

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