Queensland Small Business Champion Update

It is an important part of my job as Queensland Small Business Champion to advocate for the needs of small business, some of which are now more urgent than ever.

I believe it would have been impossible for all of the small business COVID-19 relief and economic stimulus packages released by both the federal government and state governments to precisely hit the mark, first time, every time.

There needed to be a level of experimentation, flexibility and fast learning. To have nailed it for absolutely everyone, on the first go was never going to happen. However, some gaps in support are now clearer, and how governments choose to respond over the coming weeks is critical for the survival of many small businesses.

We all got very little warning as the COVID-19 health restrictions were ramped up, which left a lot of small business owners with major cashflow shortages. Many businesses had no choice but to close altogether, leaving them suddenly without revenue, and no idea as to when that situation could change.

Cash and how it flows through a business is core to its survival.In a comparatively quick response, the Queensland government started with an early array of approaches, including payroll tax relief (initially a deferral, then a waiver) and the announcement of the business COVID-19 loan fund of $500m.

The Australian Government’s ATO PAYG cashflow boost was a likewise early response, and from what I hear is now in full swing with refunds already flowing into business bank accounts based on April BAS reporting. The JobKeeper payment scheme has seen enormous demand with enrolments for April being now expanded until 1 May. Some nuancing remains to be done around eligibility and assessment of economic loss/impact, but that is understandable – business is not a one-size-fits-all situation and the JobKeeper package is attempting to cater for diverse structures, inconsistent revenue cycles and different accounting methods of business.

So where are we now?

What remains as the urgent priorities for COVID-19 affected small businesses?

The conversations I am having with small businesses are all about cashflow. Specifically, the top two priorities are:

1. Finding money to pay for wages (and surviving until the JobKeeper payment kicks in); and
2. Rent.

I’ll start with wages

For those who are eligible, enrolling for JobKeeper as soon as possible is really important, not just for cashflow, but also because it may become a trigger for accessing rent relief.

I have received many emails and phone calls from businesses who can’t afford to pay their wages until the JobKeeper payment starts to come through in a month or so. It is especially alarming to also hear that some might opt out of JobKeeper altogether, because they can’t find a way to pay staff by 30 April (which triggers the first payment in May).

It needs to be understood that when a business is not trading at all, or not trading in the usual way –covering staff wages and other business costs can be impossible.

I’ve heard of some business owners taking jobs stacking shelves at Coles at night, just to get some money in the door. I’ve even heard some owners have sought early access to their own superannuation to cover their staff costs. Others maxed out their credit cards, the list goes on. And I hear mixed stories of how receptive the banks are really being.

Some state governments have introduced small business cashflow grants up to $10,000 to cover wages, rent or other operational costs. This certainly fulfils an urgent need and I am not surprised to hear these grants have been well utilised.

The Queensland Government COVID-19 Job Support Loans administered by QRIDA promise welcome cashflow relief. The loan terms are highly attractive, better than what can be secured elsewhere, which is why the fund has been so popular. Over $350m has already flowed out. That is positive news, and well done to QRIDA for that. However, that also means the $500m loan fund is almost gone. Initially described as open until September 2020, the demand was such that the loan fund had to close a week ago for new applications – leaving many unable to access urgent working capital.

Early intervention and getting on top of cashflow problems quickly is key to business survival.

Other options need to be explored to address this gap, and urgently.

On 23 April 2020, the federal Treasurer announced the CBA, NAB, Westpac and ANZ banks agreed to establish dedicated hotlines for their customers to call to receive the bridging finance necessary to pay their staff ahead of receiving the Job Keeper Payment.

Shifting responsibility onto the banks is one approach to take. I haven’t yet heard how effective this option has been in reality. The hotline numbers are as follows:
  • CBA: 13 26 07
  • ANZ: 1800 571 123
  • NAB: 1800 JOBKEEPER
  • Westpac: 1300 731 073 and Westpac’s subsidiaries;
  • St George: 1300 730 196
  • Bank of Melbourne: 1300 784 873
  • Bank SA: 1300 669 472
According to the Treasurer’s announcement, the banks have also agreed to bring to the front of the queue all bridging finance applications. We shall see.

The second key challenge is rent, and how to pay it when the business is generating no or little income.

I should be clear at the outset. I have been contacted by nearly as many worried landlords as I have tenants. Governments must be mindful there are two parties to a lease, and many landlords are small businesses or families too.

So far these are the most-asked questions coming through to me:
  • Does the national commercial leasing code of conduct apply in Queensland, even before Queensland has finalised its legislative implementation?
  • How can I demonstrate the degree of financial impact on my business from COVID-19?
  • If I have had to completely close because of the COVID-19 health restrictions – shouldn’t that be enough to prove I am not making any money?
  • What level of detail is fair for a landlord to ask a tenant to disclose, in order to demonstrate financial loss or impact?
  • What do I do if my landlord / tenant refuses to communicate with me?What happens if we can’t reach an agreement?
  • Should I pay whatever rent I can afford until we can sort it out?

The Western Australian government has announced it will offer eligible landlords payment of three months’ rent, if they fully waive, or agree to fully waive rent and outgoings for COVID-19 affected small business tenants. I have to say, that sounds very appealing.

On 22 April 2020, it was announced in parliament that the Queensland government is appointing a Queensland Small Business Commissioner, who will be taking an active role in helping small businesses affected by COVID-19 by providing information and support including retail leasing advice and dispute mediation.

The Queensland regulations which implement the terms of the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19 are currently being drafted. I would encourage the Queensland Government to make those regulations very clear and simple, in particular how a tenant can demonstrate financial impact by COVID-19.

In the meantime, based on some useful content published by the Australian Small Business & Family Enterprise Ombudsman and other of my interstate colleagues, here are some suggested considerations for those tenants and landlords working out a way forward:

Tenants - What should I do if I can’t afford to pay my rent?
  • First step - it is important to apply for all of the relevant COVID-19 support that your business is eligible for. If you need help working out what your business is eligible for, then please call the Queensland Government small business support line: 1300654687, or use the assistance finder. I keep a regularly updated list of support packages in this article on LinkedIn which you might find useful to check.
  • Work out your estimated income and plan how much you can afford to pay in rent, taking into account other financial supports you may have.
  • Keep paying what rent you can afford.
  • Contact your landlord (directly or via your property manager) as soon as possible and try to reach agreement on rent relief (a reduction in rent and/or rent deferral). While Queensland’s implementation of the mandatory code of conduct is being finalised, you can still attempt to negotiate based on these principles in the meantime. The Australian Small Business and Family Enterprise Ombudsman offers tips for resolving your own dispute.
  • If agreement is reached, document what has been agreed to in writing.
  • If agreement cannot be reached, either party can contact the Australian Small Business and Family Enterprise Ombudsman for more support OR can can apply to QCAT or the Courts for a decision (i.e. to have their dispute determined). The recently announced Queensland Small Business Commission is still in the process of being established. Leasing advice and mediation services will be made available as soon as the Commission is established and open.
Landlords - What should I do if my tenant has stopped paying rent or indicated they can’t pay the whole amount?
  • Work out what rent reduction is possible in your financial position.
  • Take into account other supports you might have access to e.g. mortgage relief from your bank or land tax reductions (see additional FAQs below).
  • Contact your tenant to find out more about their circumstances.
  • While Queensland’s implementation of the mandatory code of conduct is being finalised, you can still attempt to negotiate based on these principles in the meantime. The Australian Small Business and Family Enterprise Ombudsman offers tips for resolving your own dispute.
  • If agreement is reached, document what has been agreed to in writing.
  • If agreement cannot be reached, either party can contact the Australian Small Business and Family Enterprise Ombudsman for more support OR can can apply to QCAT or the Courts for a decision (i.e. to have their dispute determined). The recently announced Queensland Small Business Commission is still in the process of being established. Leasing advice and mediation services will be made available as soon as the Commission is established and open.
Landlords - Am I entitled to a land tax rebate if I provide rent relief to my tenants?
  • Yes, if your tenant’s ability to pay their normal rent is affected by COVID-19 and you provide rent relief of an amount at least commensurate with the land tax rebate, you will be entitled to a land tax rebate.
Landlords - Should I contact my bank if I have a mortgage?
  • Landlords that provide rental relief to tenants should approach their lender about mortgage payment deferral (evidence of mortgage payment deferral may be needed at mediation).
Maree Adshead
Queensland Small Business Champion


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