Master Builder NSW July - September 2021 by News Corp Custom Publishing

MASTER BUILDER Official Magazine of the Master Builders Association of NSW | Issue Three | July-September 2021

INDUSTRY REPORT:

DIGITALISING CONSTRUCTION

DIGITALISATION OF DESIGN AND CONSTRUCTION OF CLASS 2 BUILDINGS IN NEW SOUTH WALES PLUS: • WOMEN — SOLVING THE SKILLS SHORTAGE? • WHO GIVES A FAC? THE ROSSATO DECISION • MODERN SLAVERY — THE RE-EMERGENCE • SUICIDE PREVENTION

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CONTENTS

MASTER BUILDER Official Magazine of the Master Builders Association of NSW | Issue Three | July-September 2021

IN THIS ISSUE REGULARS

5 7 9 20 34 36 42 44 46 72 73 74

Contact List President’s Viewpoint Executive Director’s Viewpoint Women in Construction Legal

INDUSTRY REPORT:

WH&S

DIGITALISING CONSTRUCTION

Membership

DIGITALISATION OF DESIGN AND CONSTRUCTION OF CLASS 2 BUILDINGS IN NEW SOUTH WALES

Training

PLUS: • WOMEN — SOLVING THE SKILLS SHORTAGE? • WHO GIVES A FAC? THE ROSSATO DECISION • MODERN SLAVERY — THE RE-EMERGENCE • SUICIDE PREVENTION

Advertising Features New Products

According to a new report, the future of the New South Wales Class 2 construction industry is reliant on the maturing across the industry of the digitalisation of design and construction.

Diary Advertising Directory

FEATURES

10 Digitalising Construction

Industry Report on digitalisation of design and construction of Class 2 buildings in New South Wales

15 Hire More Women

The Rossato Decision and how it affects casual employment

Hiring more women will solve the skills shortage in the construction industry

21 Superannuation changes

How Master Builders came to the rescue of a member struggling against red tape

Published by

News Corp Australia is the exclusive Publishing Partner of the Master Builder magazine. ABN: 63 009 820 035 Phone: (07) 4690 9422 Website: www.newscorpaustralia.com

Suicide Prevention Suicide Prevention Gatekeepers Training Program

A Good News Story

Modern Slavery Hidden on site — managing modern slavery risks in construction

There have been recent changes made to superannuation the construction needs to know about

Who Gives a FAC?

2021 Excellence in Housing & Pool Awards — Preview Preview a selection of the entrants

Custom Publishing Manager: Erika Brayshaw 07 4690 9921 | M 0407 078 572 Erika.Brayshaw@news.com.au Custom Publishing Advertising: Mary-Ann Zammit 07 4690 9370 | M 0436 028 319 Mary-Ann.Zammit@news.com.au Editorial Coordinator: Josie Adams 07 4690 9454 | M 0437 819 696 Josie.Adams@news.com.au Graphic Designer: Jeff Brown Printed by: Greenridge Press

This publication is copyright. No part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means including electronic, mechanical, microcopying, photocopying, recording or otherwise without the permission of Master Builders Association of NSW or News Corp Australia. Disclaimer: Readers are advised that the Master Builders Association of NSW and the publisher cannot be held responsible for the accuracy of statements made in advertising and editorial; nor the quality of goods and services advertised.

Issue Three | July-September 2021 | MBA NSW

FINANCE & CAR BUYING

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CONTACTS MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES 52 Parramatta Road, Forest Lodge NSW 2037 | Private Bag 9, Broadway NSW 2007 Tel: 02 8586 3555 | Fax: 02 9660 3700 | Email: enquiries@mbansw.asn.au Website: www.mbansw.asn.au | ABN 96 550 042 906

HEAD OFFICE EXECUTIVE BOARD Simon Pilcher Robert Black Martin Patience Frank Mamasioulas Mick Banks Michael O’Donnell Colin Jewell

EXECUTIVE

Executive Director Executive Assistant

LEGAL

President Deputy President Immediate Past President Vice President Vice President Vice President Vice President

Head Solicitor Senior Solicitor Solicitor Legal and Administration Officer

CAREERS ADVISORY SERVICE Manager

EVENTS & BUSINESS DEVELOPMENT Brian Seidler Amanda de Vries

MASTER BUILDERS INSURANCE BROKERS

NSW State Manager Dele Omisore Business Development Manager (M, Tu, W) Leanne Farmer CORPORATE TEAM — GENERAL Senior Account Manager Edwina Lyall Account Executive Adam Myers Assistant Account Executive Connor Downes SME TEAM — GENERAL SME Team Leader (General) David Petkovski Senior Account Executive Alan Fraser Account Executive Barbara Sou Account Executive Hannah Collins Senior Account Executive Hilda Marfo Account Executive Michael Stubbs Account Executive Nicola Benson Account Executive Rezwan Rahman Assistant Account Executive Rosalie Carr-Lyall BUSINESS DEVELOPMENT TEAM — GENERAL Business Development Team Leader Patrick Rafferty Business Development Executive Harry Rankin Business Development Assistant Tom Bennett WARRANTY ELIGIBILITY TEAM Senior Account Executive (M, Tu, Th, F) Jayne Cornwell Assistant Account Executive Joe Baboolal Assistant Account Executive Sam Hu

MASTER BUILDERS FINANCIAL SERVICES

Manager, Finance & Car Buying Ogarit Kelley

MEMBER SERVICES

Manager Member Services Graham McGuiggan Membership Coordinator Paul Love Administration Coordinator Debralee Scarselletta Administration Assistant Felicia Suwito Marketing and Sales Support Jessica Martin Member Engagement Representative Clare Mayhew

8586 3503 8586 3507 8586 3519 0422 513 705 9296 6781 0466 777057 02 9296 6796 8586 3570 0412 806 700 8586 3594 0435 967 945 9296 6611 02 9296 6797 8586 3556 0466 626 323 9296 6717 0410 234 605 8586 3583 9296 6605 8586 3501 8586 3568 9296 6612 9296 6610 TBC 02 9296 6798 8586 3565 0481 906 275 9296 6609 0466 431 218 9296 6604 02 9296 6799 9296 6792 8586 3512 8586 3528 0414 919 194 1300 760 366 8586 3554 8586 3540 0413 306 556 8586 3545 8586 3572 8586 3520 8595 3515

EDUCATION AND SKILLS DEVELOPMENT

5 Burbank Place, Baulkham Hills NSW 2153

APPRENTICESHIP SERVICES Apprenticeship Services Manager

INDUSTRIAL RELATIONS AND SAFETY

Karen Kellock

Director Construction Peter Glover Workplace Relations Manager Cameron Spence Executive Officer Technical, Safety & Risk David Solomon Industrial Relations Officers Iain Jarman Matthew Gissane Joanna Psaros Safety Officers Luke Sammut Peter Murphy Technical/Safety Officer Bart Beezley Secretary – IR & Safety Beverly Glover IR Administration Officer Annette Gee Industry Sector Co-ordinator Tracey Van Breugel Government Projects & Programs Manager Omesh Jethwani

Robert Collings Hannah Shephard Jena Hallani Libby Molloy

Awards and Events Manager Awards Coordinator Events Administrator Events Administrator Events Administrator

Karen Kellock Amanda Kelly Susan Manning Janet Hood Jayne Collins Sophie Abbott

0458 234 735 8586 3504 8586 3506 9296 6613 8586 3524

OPERATIONS

Director Operations Craig Donovan 8586 3537 General Manager Education & Apprenticeships Jody McGann 8586 3589 ICT Manager Amanda Kernaghan 8586 3580 Communications Steven Swan 8586 3562 IT Support / Webmaster Alexander Ashley-Carrington 8586 3525 Sponsorship Relations Manager Haley Tibbetts 0412 980 829

FINANCE & ADMINISTRATION

Manager Finance & Administration Strebre Delovski Credit Control Manager Eric Milne Credit Officer Daniela Fraumeni Inventory & Administration Officer Treena Carter Accounts Payable Officer Bridget Delmore Accounts Supervisor Rose McGill Accounts Officer Bachar Mourad Reception #2 Charles Martin Room

8586 3508 8586 3509 8586 3567 8586 3527 8586 3510 8586 3511 8586 3530 8586 3526 8586 3546

REGIONAL OFFICES NEWCASTLE OFFICE

Level 1, 165 Lambton Road, Broadmeadow 4953 9400 or 9296 6777 NSW Regional & Division Manager Luke Reeves 9296 6775 Events Coordinator Andrea Cross 0418 770 630 Reception Eliza Sharpe 9296 6770 Safety Officer John McGhee 9296 6772 Regional Awards & Events Team Lead Rebeccah Kilmurray 9296 6776 MBA Insurance Services Business Development Manager – Warranty Leeanne Farmer 9296 6781 Account Executive — HWI Jayne Cornwell 9296 6792

NORTHERN REGIONS

2 Boeing Avenue, Ballina Regional Coordinator Bernadette Hayter Business Development Manager Alan Fraser Member Services Representative Marlee Hand

GOSFORD

Unit 7/4 Stockyard Place, West Gosford Member Services Representative Kerrie Bendeich

SOUTHERN REGIONS

8586 3588

Unit 1, 171 Princes Highway, Ulladulla Regional Coordinator Lynn Smith Member Services Representative Tracy Cooley

8586 3533

ALBURY/WODONGA

8586 3535 9296 6606 0405 526 715 8586 3552 8586 3502 8586 3573 8586 3529 8586 3522 8586 3607 0447 039 860 8586 3523 8586 3531 9296 6666 8586 3539

8586 3517 8586 3549 8586 3547 8586 3517

Regional Manager

Steve Donaghey

PORT MACQUARIE

Unit 3, 12 Jindalee Road, Port Macquarie Regional Coordinator Kerrie Clark

WOLLONGONG

66 Auburn St, Wollongong Regional Coordinator Lee Tanks Member Services Representative Ruth Billington

ORANGE

Level 1, 296-298 Summer St, Orange Regional Coordinator Katie Kidd

MATES IN CONSTRUCTION

Hotline

6681 4266 0428 412 784 0410 234 605 6681 4266 4323 4588 0403 128 682 4454 1955 0418 633 297 4454 1955 0487 067 678. 6581 4033 0409 180 301 4272 9409 0419 140 126 4272 9409 02 6362 6895 0458 243 976 8586 3575

Issue Three | July-September 2021 | MBA NSW

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PRESIDENT’S COMMENT

INTRODUCTION

From the President

Mates in Construction – we’re in it together

here is no doubt that the industry shut down and now some partial re-opening has created enormous challenges for our industry. What is also clear is that the mental distress and despair that these challenges have created are evident at every level of our industry. I thought it would be most appropriate to make members aware of a very unique program specifically aimed at the construction industry that deals with mental health and suicide prevention. I speak of the extraordinary program that Mates in Construction (MIC) undertakes in the building and construction industry, not only in NSW but across the nation. MIC supports building workers through creating a workplace community ‘of mates looking out for mates’. The program is based on the simple idea that mental health and suicide prevention is everyone’s business, and provides mechanisms to take an active role in improving the mental health and well-being of construction workers. MIC NSW commenced delivery of its new unique program in March 2013. In NSW alone over 55,000 construction workers have completed a general awareness training program, of these over 3,600 have been trained as connectors — those who can help identify the signs of distress and can refer those in

need for help. Further, 600 construction workers have undertaken Applied Suicide Intervention Skills Training courses. Mates in Construction has delivered training on 400 individual projects throughout NSW, as well as visiting many NSW regional centres and addressing their communities. It’s interesting when discussing these topics with those providing help at the coal face that during the pandemic certain trends can be identified which impact on the mental health of people in the construction industry. These include a combination of job loss or temporary stand down, being in lockdown, or the stress of not being able to return home, financial stress, relationship stress, and the impact of drug and alcohol misuse, possibly without external support networks. Interestingly however, the other side of this has been the experience of real care and friendship where people have genuinely wanted to connect with others and provide support to those less fortunate in the industry. Mates in Construction does a fabulous job in these most uncertain and testing times. Please look out for each other and also acknowledge the amazing work the team at Mates in Construction does for our industry on a daily basis. On a final note I would like to report that recently Mates in Construction was Internationally recognised by the World Health Organisation (WHO) as a global best practice resource.

Simon Pilcher MBA NSW President

Issue Three | July-September 2021 | MBA NSW

EXECUTIVE DIRECTOR’S COMMENT

INTRODUCTION

From the Executive Director

Workplace vaccinations and the law

s we go to print, the NSW Government has released its “Roadmap to Freedom”. The Roadmap sets out guidelines on how NSW will move to less restrictions, however the lifting of these restrictions are based on full community vaccination rates reaching a certain level. The current state of the law concerning workplace vaccinations places the onus on the employer to be able to show that a direction to receive a vaccination is a lawful and reasonable direction in all the circumstances. There may be instances where an employer can require a class of employees to be vaccinated. On 12 August 2021 the Fair Work Ombudsman (FWO) updated its advice concerning mandatory workplace vaccinations. The FWO advice is based on a four-tier category of employers. The four tiers are ranked according to what the FWO believes may be a differing ability (depending on the type of work done in each tier) for an employer to make a lawful direction for mandatory vaccination. The FWO advice does not provide any firm basis that can be followed. The FWO has placed a caveat on their guidance by stating that, “the question of whether a direction is reasonable will always be fact dependent and needs to be assessed on a case-by-case basis… Employers should get their own legal advice if they’re considering making coronavirus vaccinations mandatory in their workplace.”

In every employment contract in Australia, there is implied an ability for an employer to give an employee a lawful and reasonable direction and the employee has an obligation to follow such a direction, a failure to do so can be classified as misconduct. The question that follows then is, ‘is a direction to get a vaccine lawful and reasonable,’ the short answer is, ‘it depends on the circumstances’. In rare cases (such as Aged Care workers or NSW Health workers) there will be a law requiring the vaccination, in which case the employer is obliged to follow the law. In most cases however, the onus will be on the employer to be able to show that a direction to receive a vaccine is a lawful and reasonable direction. There is no relevant case law on this question. There is however a recent (May 2021) Fair Work Commission decision that gives some guidance. This decision indicates that in circumstances where it is an inherent aspect of an employee’s functions to have contact with vulnerable members of the community, there is good reason to think that an employer is within its rights to issue a direction to that employee to receive a Covid-19 vaccination. No doubt formal decisions in this area will shape the considerations of employers and employees alike. We will keep you updated.

Brian Seidler MBA NSW Executive Director

Issue Three | July-September 2021 | MBA NSW

FEATURE BUILDING THE FUTURE

THE DIGITALISATION OF CONSTRUCTION

MBA NSW | Issue Three | July-September 2021

BUILDING THE FUTURE FEATURE

INDUSTRY REPORT ON DIGITALISATION OF DESIGN AND CONSTRUCTION OF CLASS 2 BUILDINGS IN NEW SOUTH WALES

INTRODUCTION

Stage

n August 2021, a most significant Industry Report on the digitalisation of Design and Construction of Class 2 Buildings in NSW was publically released.

In NSW, there is significant momentum to improve the quality of class 2 building construction. Aligned with the recommendations of Shergold and Weir (2018), NSW Government has pursued several reforms, including the passage of new legislation and the establishment of the Office of the Building Commissioner led by David Chandler OAM. The Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 passed by NSW Parliament in June 2020 were designed to restore public confidence in the residential apartment building industry through a range of levers. Further, the Design and Building Practitioners Act 2020 established new design and building documentation requirements to strengthen accountability. The Digitalisation of Construction research aimed to develop a strategic framework for digitalising class 2 building designs and as-built drawing declarations that facilitate a feasible and effective implementation. The report examines the state of digitalisation of the class 2 building sector in NSW. It reviews the state of digitalisation of design drawing practices employed by NSW design practitioners (“designers”) and, similarly, the state of digitalisation for as-built drawings (ABD) by NSW building practitioners (“builders”). This research sought to benchmark the state of digitalisation in class 2 building drawings throughout construction from inception through to completion. It also explores the levels of awareness, acceptance, and willingness of related organisations to undertake further digitalisation of their daily building design

Stage Level of digital maturity

The report is an outcome of research awarded to the Centre for Smart Modern Construction (c4SMC) by the Office of the NSW Building Commissioner (OBC) to investigate into the state of digitalisation of the class 2 building sector of the NSW construction industry and develop a strategic framework that facilitates the practicable and effective implementation and enhances industry capability to meet the requirements of the Design and Building Practitioners Act 2020.

Stage

Using basic technologies to improve business operations Examples: Internet connection, website and email

Figure 1.1

Using advanced technologies to improve business operations Examples: cloud computing, social media, e-commerce, Internet of Things (IoT) and big data analytics

Integrated use of digital technologies to transform business operations Examples: online platforms and automated supply chain management

Digital technologies and management capability enabling business transformation Examples: digital assets create new business models

Adoption / usage of digital technologies

and construction operations to propose a framework for the digitalisation of the sector.

internet of things (IoT) and big data analytics. At the advanced stages of digital maturity, organisations may shift from simply digitising business operations to combining digital technologies in innovative and transformative ways. Reaching digital maturity is a dynamic and evolving process requiring continual exploration of new ways to increase productivity and retain their competitive edge.

DIGITAL MATURITY IN THE AUSTRALIAN CONTEXT In Australia, the construction sector is not entirely using the potential of digital technologies (Chief-Economist 2017; Westerman, Bonnet & McAfee 2012). The level of investment in ICT and the state of management capabilities influence the state of digital maturity of organisations (Westerman, Bonnet & McAfee 2012). The Chief Economist (2017) proposed a digital maturity model that provides a template to model the state of the Australian construction industry (Figure 1.1).

This report presents the mapping of the state of digitalisation of the NSW class 2 building sector to this digital maturity model.

According to this framework, at the early stages of digital maturity, construction organisations may use basic technologies such as connectivity to the internet, having a website and using email to better communicate with stakeholders. At the middle stages of digital maturity, organisations may implement a more integrated, strategic approach to using digital technologies, such as the use of technology in advanced ways to improve their operations, i.e. cloud computing, social media, e-commerce,

Western Sydney University’s Centre for Smart Modern Construction (c4SMC), together with the Office of Building Commissioner NSW, released a landmark report on the digitalisation of the state’s construction industry. The ‘Digitalisation of Design and Construction of Class 2 Buildings in New South Wales’ report was formally launched at an online event on 24 August opened by Western Sydney University Vice-Chancellor and President, Professor Barney Glover AO. Co-chief investigator, Professor Srinath Perera, Director of c4SMC, said the study set out to

Issue Three | July-September 2021 | MBA NSW

FEATURE BUILDING THE FUTURE

review the status of digitalisation of multiunit, multi-storey residential buildings (class 2) and leveraged the digitisation expertise of the Centre – a leading industry-focused research hub.

• Micro, small-medium firms represent ninety-five per cent of the sector.

“For the first time, we have benchmarked the digitalisation of the construction sector in NSW, including the type of software and hardware used, amount of work done using digital processes and software, and the trajectory of moving forward in digitalising construction practices,” said Professor Perera.

• Fifty-one per cent of builders spend less than one per cent of average annual turnover on IT.

“As part of the report, we surveyed 347 designers and 195 builders on their technology use and needs with a further series of interviews with building designers, builders and software service providers representing small, medium and large companies.” A large proportion of the sample was registered members of peak industry bodies representing designers and builders, including the Building Designers Association of Australia (BDAA), Australian Institute of Architects (AIA), Association of Consulting Architects Australia (ACA), Housing Industry Association (HIA), Engineers Australia (EA) and Master Builders Association (Master Builders NSW). Key findings of the report included:

• Fifty-two per cent of the sector is at a basic level of digital maturity.

• Compared to the manufacturing sector, the construction sector has a significantly low investment in R&D investment. This indicates stagnantly low IT capabilities of the sector. • The digital capability of the workforce was predominantly supported by ad-hoc ‘on-the-job’ type training, with no specific structured training programmes. • ‘Achieving greater accuracy and trustworthiness’ is the top driver of digitalisation, while ‘high cost of IT’ is the biggest barrier identified by the research. COMPOSITION OF THE MARKET The research found that 80% of the designers and builders involved in class 2 construction are businesses with less than 20 employees. Designers were more likely to be employed in micro-level organisations (zero to four employees) (59%) as compared to builders

(44%). Across both players, only a small proportion (5%) were part of large organisations (over 200 employees). The experience of designers and builders tended to aggregate within two thresholds: 26% had up to five years of experience, and 36% had over 20 years of experience. This result highlighted the challenge of sustaining new businesses and the organisational maturity required to become an experienced operator. The turnover of businesses appeared to align with their size, with 67% of designers having annual turnovers of less than $1 million and 40% of builders having a turnover of less than $2 million. Investment in research and development (R&D) was low across the sample, with 15% of businesses having no investment at all and 39% investing less than 1% of turnover. Designers and builders tended to outsource IT services, with only 38% of businesses having in-house support. The digital capability of the workforce was predominantly supported by ad-hoc ‘on-thejob’ type training (47%), with no specific training occurring within around a third of businesses. The research also found that builders were twice as likely to have no specific digital training compared to designers.

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MBA NSW | Issue Three | July-September 2021

BUILDING THE FUTURE FEATURE

CURRENT DIGITAL CAPABILITIES

strengthening standards and contracts, enhanced use of digital platforms and more significant application of data and research.

A new strategic framework was developed to categorise the digital capabilities of the designers and builders, with four stages of increasing maturity: basic, advanced, smart and transformative. The research found that the majority of class 2 builders (57%) and designers (48%) are in a basic stage of digitalisation, either submitting PDF files that have been converted from a computer-aided design (CAD) platform or using two-dimensional CAD files. Around 42% of the sector was leaning towards mid-levels of maturity. However, less than one-third (29%) had reached a ‘smart’ capability equivalent to building information models (BIM). The three most popular design software packages were AutoCAD, Revit and Sketch-up, each indicating around 30% usage by designers and builders. KEY DRIVERS AND BARRIERS The research sought to understand the reasons why designers and builders were at their current level of digital maturity and identify the factors likely to support or hinder transformational change into the future. The top drivers of digitalisation were achieving greater accuracy and trustworthiness (70%), improving quality and standards (66%) and delivering on time, budget and quality (61%). In contrast, the top barriers were the cost of software and licenses (67%), the cost of hardware (57%) and inadequate design fees (55%). THE FUTURE STATE OF DIGITISATION Considering all of the responses, the research finds that based on the current state and reported drivers of change, it will likely take up to ten years before class 2 designers and builders reach a level of ‘smart’ digital maturity where advanced capabilities such as BIM and Digital Twins are widespread. Investment in training and capability building would likely be the most impactful enablers for a faster trajectory towards higher digital maturity, followed by work to reduce barriers related to costs and system interoperability supported by a common data environment. It is suggested that the strategic framework for digitalisation presented in this research could be adopted as a formal method of measuring and facilitating the progressive digitalisation of the sector. It may also benefit other jurisdictions

NSW Minister for Better Regulation and Innovation Kevin Anderson called the report a “baseline to move forward with the further digitalisation across the industry.”

to consider undertaking similar research to help produce a national view. CONSTRUCT NSW, DATA AND RESEARCH Construct NSW is the industry transformation strategy that the NSW Government is implementing to build industry capability and confidence in class 2 buildings. Pillar 6 of that strategy deploys research and quantitative data to inform policy and industry engagement. This digitalisation research expands on the strategy’s commitment to delivering change through evidence-based insights. The report recommends a four staged ‘Strategic Framework for Digitalisation of Design and Construction’ be adopted as a formal method of measuring and facilitating the progressive digitalisation of the sector in the future.

“Digitising the NSW building industry and moving away from analogue recordkeeping has high potential to deliver substantial public benefits through increased regulatory efficiency and improved industry productivity,” Mr Anderson said. “Digital platforms such as the NSW Planning Portal and the Strata Hub are creating an end-to-end record of buildings across their life; a fingerprint or DNA of that building through planning, construction, occupation and maintenance.” He pointed to the Design and Building Practitioners Act 2020, which requires designs and as-built drawings to be digital. Although, one of the report’s findings was that 41 per cent of builders surveyed said they knew very little about the act, and 19 per cent said they had not heard about it at all. NSW Minister for Finance and Small Business Damien Tudehope said the opportunities of digitisation went far beyond transferring an analogue design to a digital one.

The report suggests that although the sector is ready to engage in the journey of rapid digitalisation, the strategic framework provides a pathway that needs to be developed through discussions with the public sector and other agencies.

Minister Tudehope said startups working with the construction industry to develop products to enhance the work done by builders, designers, and engineers should be supported.

Professor Srinath Perera said, “As part of a framework, we’re calling for a Common Data Environment be developed for software related to building projects, with strategies to reduce hardware and software costs and facilitate interoperability of software and efficient data exchange enabling software migration.” Following the recommendations of Shergold and Weir (2018), the NSW Government legislated the Design and Building Practitioners Act 2020 to reform and enhance the regulation of the class 2 building industry. It also appointed the NSW Building Commissioner to execute the Construct NSW transformation strategy to improve the industry’s capabilities. The six pillar strategy includes establishing a customerfocused regulatory framework, risk profiles and ratings, improving skills and capability,

NSW Building Commissioner David Chandler added that the Digitalisation of Construction report is carried out to align with the Design and Building Practitioners Act 2020. Construction professionals are expected to refine their formal qualifications and become digital-ready to navigate this new landscape successfully. Furthermore, digital capabilities will be fundamental to fully grasp the construction 4.0 opportunities that are now evolving in the construction sector The report was co-authored by the co-chief investigator, Associate Professor Xiaohua Jin, and supported by Research Associate Marini Samaratunga and Doctoral Researcher Kasun Gunasekara. To download the report, visit www.nsw.gov. au/building-commissioner/how-digital-readyconstruction-industry

Issue Three | July-September 2021 | MBA NSW

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WOMEN IN CONSTRUCTION

Hiring more women will solve the skills shortages in the construction industry By Omesh Jethwani, Government Projects & Programs Manager

ith an increasing population comes more housing, commercial buildings, social spaces, and infrastructure. The Building and Construction Industry employs approximately 1,160,715 persons (Australian Bureau of Statistics seasonally adjusted data), accounting for 8.8 per cent of the total workforce. Over the past five years, despite employment in the industry increasing by 7.1 per cent, women currently represent 8.9 per cent of all current learners in trades and just 2.1 per cent of all learners studying a trade in the Building and Construction Industry. The Building and Construction Industry is the second most male-dominated industry after the mining industry. According to the Workplace Gender Equality Agency (WGEA), only 18.1% of its employees are female. Women comprise just 2.7% of chief executive officers, 15.1% of key management personnel and 13.0% of all managers. These figures are all far lower than the national average. The industry also has a low representation of women in management compared with representation across the industry: 13.0% compared to 18.1%. The traditionally masculine roles in the industry have continued to remain this way. Women comprise 4.0% of machinery operators and drivers, 15.3% labourers, and 3.1% technicians and trades. By contrast, they dominate the clerical positions, with women comprising 77.7% of clerical and administrative workers. According to statistca.com, the construction industry plays a significant economic role in Australia, producing around 9% of the country’s GDP. The value of activity in this industry alone amounted to $205 billion in 2019. The value of private-sector construction was significantly higher than the value of public sector construction. Combined, these sectors cover engineering construction work, nonresidential building, and residential building. Issue Three | July-September 2021 | MBA NSW

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WOMEN IN CONSTRUCTION

Engineering construction work, which encompasses infrastructure, was the most predominant of the three. During the first half of 2020, Australia’s construction industry was disrupted due to the coronavirus pandemic. The industry had seen a steady rise in employment since 2012, with the number of employees at around 1.18 million in 2020. In 2024, employment in the construction industry in Australia was forecasted to amount to 1.28 million people. Since the beginning of the COVID-19 pandemic, the Building and Construction Industry has continuously faced a persistent labour shortage, particularly among trades and other skilled worker classifications. The shortfall created substantial headaches for many building and construction companies, generating project delays in some cases and making it impractical to bid on specific projects in others. Despite evidence that a diversified workforce with gender balance will bring about higher productivity levels, improve diversity and inclusion and aids in employee retention, the industry has long struggled to attract the next generation of building trade apprentices. Female careers in the construction industry have remained shockingly low for decades due in large part to the discrimination that blocks women from entering and staying in the field. It will be doubly challenged to attract more women and female apprentices given enduring misconceptions about the work itself and the added demands and challenges women continuously face in such a maledominated market sector, from gender bias, underrepresentation, under-recognition, and discrimination. The predominant barrier is related to the perception of sexual harassment. Because the industry is male-dominated, women’s values become the industry’s standard, such as extensive working hours, competition amongst colleagues, and selfsufficiency. Other ongoing issues faced by women include: • slow career progression; • the lack of recognition and encouragement from supervisors; • difficulty in finding a balance between personal goals and professional goals; • negative perceptions of women capabilities; • absence of positive influences such as lack of mentors; • being restricted to clerical/administration

roles; • minimal recognition on project sites; • expectations to mimic males’ aggressive behaviours; • high-stress levels linking to career; • performing repetitive minor tasks; • undervalued and low potential for career advancement; • unfair judgement of training needs; and • misjudged on performance compared with male counterparts Understanding and alleviating the challenges mentioned above for women in the Building and Construction Industry will encourage more women to join the industry and advance their careers. The release of last year’s Bankwest Curtin Economics Centre/Workplace Gender Equality Agency 2020 (BCEC/WEGA) Gender Equity Insights Report proved beyond all doubt that the business case for gender equality is clear and compelling. A more gender-balanced leadership in an organisation delivers better company performance, greater productivity and greater profitability. It revealed a solid and convincing causal relationship between increasing the number of women in senior leadership and subsequent improvements in company performance.

Appointing a female CEO, increasing the share of female key management personnel, and increasing female representation on its board led to increases in the market value of Australian ASX-listed companies. A company is also more likely to outperform its sector on three or more key profitability and performance metrics by taking the same actions. The findings of this BCEC report prove that gender equality is a commercial imperative and provides organisations with a competitive edge over their business rivals. With vaccinations underway and increased optimism about the prospects for construction in 2021, there is no better time for women to consider construction as a long-term career choice. From a competitive salary to a rewarding career, women represent an untapped potential to help fill the labour shortage. The growing presence of technology creates many new job opportunities that women may choose to excel in. There are managerial positions available such as project managers, supervisors, safety managers and more. Suppose building and construction companies are serious about reducing the industry’s skills shortages. In that case, they may want to start lobbying State and Commonwealth Governments for increased funding not only to empower women but to help train and invest in an advocacy campaign encouraging women Issue Three | July-September 2021 | MBA NSW

WOMEN IN CONSTRUCTION

that job opportunities exist in various fields in the Building and Construction Industry. On 29 April 2021, the NSW Government announced it would support 3,000 training places for women in trades to help boost female representation in construction, manufacturing, engineering, transport and logistics. The fee-free Built For Women training program will target women aged 16 to 24, female jobseekers, women at risk of unemployment and women in receipt of Commonwealth benefits. NSW Minister for Skills and Tertiary Education Geoff Lee said the program would help boost numbers of women working on building sites. “The Built For Women program is about attracting women to rewarding careers in trades industries that are experiencing skills shortages,” Mr Lee said. “There has never been a better time to reskill or up-skill and take advantage of the employment opportunities arising from the NSW Government’s record $107 billion infrastructure investment, which is creating hundreds of jobs.” “Growing housing developments, new road and infrastructure upgrades, as well as the

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MBA NSW | Issue Three | July-September 2021

WOMEN IN CONSTRUCTION

new Western Sydney airport, are creating skills demands in manufacturing, engineering and transport and logistics, providing an opportunity for women to increase their skills and participation in the industry.”

our industry offers. Women Building Australia is about making this happen by promoting the opportunities for women and employers and providing the information and support they need.

There are 154 full-qualifications and 408 part-qualifications available in construction under JobTrainer.

For more information, visit the Women Building Australia webpage (https://www. womenbuildingaustralia.com.au/)

NSW Minister for Women Bronnie Taylor said the Built For Women program would help close the gender gap present in the trades industry.

As we move into the postCOVID recovery phase, we must ensure that women’s workforce participation is not sidelined. Our economic recovery depends on women having equal access to secure full-time jobs. Women and men must have an equal opportunity to re-engage and participate in the workforce.

“The NSW Government is committed to increasing the number of women working in non-traditional trades,” Mrs Taylor said. “Whether you’re a female school leaver looking to pursue a career as an engineer or a woman looking to retrain as a construction worker – now is the perfect time to train and get started in the industry.” For more information, visit the Built for Women webpage (https://education.nsw.gov.au/skills-

nsw/built-for-women) or call 13 28 11. The Women Building Australia program aims to attract and support women to succeed in the Building and Construction Industry. Attracting the best workers regardless of their gender means our industry will benefit and evolve with new skills, ideas, and innovations. The business success of building businesses will be boosted, and more women can take advantage of the fantastic career and job opportunities

Employers have an essential role in making this happen by ensuring the momentum towards gender equality is sustained. Employers must keep their feet firmly planted on the pedal to drive better gender equality outcomes. It is suitable for business and integral to our economic recovery.

Issue Three | July-September 2021 | MBA NSW

WOMEN IN CONSTRUCTION

RISING TO THE TOP HOW WOMEN ARE CHANGING THE FACE OF THE CONSTRUCTION INDUSTRY

here are more women employed in the construction industry now than ever before. The industry is booming, and women want in on the action. How do you start a career in construction? For many women it begins with Master Builders Education and Skills. There are many diverse career opportunities in the industry including:

organisation.” “The course exceeded my expectations,” says Michelle. “Online delivery was great. I squeezed study around work and life. The course contained all expected Project Management content plus very comprehensive construction industry specific material.” This sets Master

Managers and Project Builders. You will learn to manage all aspects of construction projects including leading teams, scope and changes, human resources, planning, stakeholders, and more! Project Managers are in high demand and have career opportunities in: • Residential building projects • Commercial construction

• Starting your own business • Moving up the corporate ladder

• Fitouts, refurbishments and maintenance

• Taking over a family business

• Infrastructure projects

• Working on large government projects

• Property development projects • Landmark Government projects

• Providing maintenance and building services to the community

• Diverse and technical projects For more information go to our website: www.mbansw.asn.au/training/ diploma-project-managementonline

• Engineering and architecture A Master Builders Diploma of Project Management could be the starting point for your chosen construction career. In 2020-2021, five times the regular number of females enrolled in Master Builders NSW training programs. We are leading the way in helping women start a successful career in the building industry. “In our online classes, I notice the skills our female students have in many areas, particularly in project management and stakeholder management roles.” says Master Builders NSW trainer and assessor, Richard Landsdowne. “Some of their strengths are displayed in discussing concerns, resolving issues and removing roadblocks and obstacles effectively.”

WOMEN IN THE INDUSTRY SNAPSHOT

Diploma of Project Management graduate Michelle Stack.

Michelle Stack is a recent Master Builders NSW Diploma of Project Management graduate. A job offer as the Information Systems and Change Manager with Sydney-based Mono Constructions shifted her career into the construction industry. Previously working in IT, Mono Constructions saw her potential immediately. The Master Builders Diploma of Project Management gave Michelle the edge she needed to build her knowledge in construction. “I learnt skills specific to the industry. They complimented my existing business and information technology qualifications,” says Michelle. “Every day I learn something new in the construction industry. This diploma has helped me to better support the project management activities in our

Builders apart from other providers. Master Builders has the industry experience and expertise delivered in a concise online format. “Do it!” is Michelle’s advice. “You need to be in construction to do this course. You use two of your mid-rise construction projects for your assignments. If your organisation is using existing PM processes, the course will provide an excellent rounding out of your skills and you can definitely get through it within the 12 months. If you don’t already have good PM documentation and processes, it helps you build them out and get qualified at the same time. Be prepared to do the work though!” The Master Builders BSB51415 Diploma of Project Management online qualification is perfect for potential Construction Project

MBA NSW | Issue Three | July-September 2021

Out of all the apprentices employed by Master Builders NSW Apprenticeship Services, 5% are female. In the last year, the number of women entering the industry has doubled. 13.2% of the 367,588 employed in construction are female. Female employment in the construction industry has doubled since 2000, with the largest amount of growth in the last five years. (Source Master Builders Australia February 2021, ABS data). Master Builders Australia are a valuable resource to assist women in construction. The mentoring program, Women Building Australia, promotes opportunities for women and employers. It provides the information and support that they need. For more information go to the website Women Building Australia: https://masterbuilders.com.au/Resources/ Career-Centre/Women-Building-Australia Do you know a female who wants in a career in building and construction? Are you that female? Contact Master Builders Education and Skills today. Our team of training experts are here to help. Get set for building success. Contact Master Builders Education and Skills. Phone: (02) 8586 3588 Email: education@mbansw.asn.au

FINANCE

RECENT CHANGES TO SUPERANNUATION – WHAT YOU SHOULD KNOW

he superannuation industry in Australia is enormous. In the Your Future, Your Super paper released in October 2020, the Federal Treasurer estimated that the super system managed $3 trillion on behalf of 16 million Australians. In 2019 the Productivity Commission released the report from its 3 year comprehensive review of the super system. It found that structural problems in the system resulted in lower retirement balances for millions of members. Employees having multiple super accounts was one problem identified in the review. In many (and perhaps most) cases employees do not nominate a fund for their compulsory super contributions, so the employer contributes to its default super fund. As people change jobs, they can end up with multiple low-balance accounts all charging fees and insurance premiums. The Australian Taxation Office (ATO) has estimated that around 6 million multiple accounts are held by 4.4 million people, and over one third of multiple accounts are held by people aged 35 or younger. The Federal Government’s solution is to introduce the “stapling” of super funds to employees. A stapled super fund will generally be a super account which has received contributions for the employee in the past. From 1 November 2021, if a new employee does not nominate a super fund, the employer will need to log into the ATO online services to request the details of the employee’s stapled super fund. A tax agent can also do this for an employer. If the ATO advises that the employee does not have a stapled super fund, contributions can be paid into the employer’s

default fund. Note that contractors who are mainly paid for their labour are employees for super guarantee purposes. Another problem is that many people are disengaged from the super system because they feel it is complex and confusing, and they lack the ability to compare rival super products. Experience has shown that younger employees in particular tend to be focussed on establishing their career, buying a house, or starting a family — or perhaps all three — rather than considering their savings for retirement. Part of The Federal Government’s solution is to set up an online comparison tool which displays a quarterly updated table of MySuper products ranked by fees and investment returns. You can view the tool at https://www.ato.gov.au/ YourSuper-Comparison-Tool/ Another part of the solution is an annual benchmark performance test of all MySuper products to be conducted by the Australian Prudential Regulatory Authority (APRA). APRA released the results of its inaugural MySuper Product Performance Test on 31 August 2021. 76 MySuper products with at least five years of performance history were assessed, and 13 products — accounting for $56 billion in assets and 1 million member accounts — failed to meet the benchmark. Trustees of the failed products were required to write to their members advising them of the outcome of the performance test and providing details of the ATO’s YourSuper comparison tool. You can see the results at https://www.apra. gov.au/your-future-your-super-performance-test

The Association of Superannuation Funds of Australia (ASFA) has warned that super members should treat the results with “extreme caution”, arguing that the published results don’t tell members why and by how much their fund has failed the test, and that the benchmark does not take account of factors like risk, lifecycle or environmental, social and governance (ESG) screening considerations. There is also the old adage that “past performance is no indication of future performance”, and the funds which failed the test this year might have bright futures. Members of the funds which failed the test should certainly seek expert advice before moving their super balances, and Nexia’s team of investment advisers would be pleased to assist if desired. Nexia is a top-10 global accounting and advisory network. At Nexia Sydney we offer full service accounting solutions for small to medium enterprises, large private company groups, not-for-profit entities, subsidiaries of international companies, publicly listed companies and high net worth individuals and includes market leaders in many sectors of Australian business. When you choose Nexia, you get a more responsive, more personal, partner-led service. www.nexia.com.au

The nature of the performance test has been criticised by industry associations. Issue Three | July-September 2021 | MBA NSW

FEATURE

HOUSING

The Power of Influencing Change – By David Solomon

At Master Builders NSW, we strive to service our Members’ needs. It’s one of the pillars or core values that we stand by. Why wouldn’t we? If we didn’t, we would be an Association without them.

arlier this month, I was put into contact with a member who has a very innovative business model whereby you can hire a fully fitted out portable bathroom as a substitute during a house renovation. The business is called Backyard Bathrooms and is operated by a husband-and-wife team, Melissa and Alex. Melissa’s sister Wendy suffered a stroke some years ago and needed a more accessible needs-based living arrangement. Wendy bought an apartment in a suitable complex. The kitchen required replacing to suit Wendy’s mobility needs yet required to comply with the relevant codes, Standards and regulations. Melissa and Wendy engaged an Occupational Therapist prior to submitting what they thought were compliant concept drawings to the strata that managed the complex for subsequent approval. A slow and drawn-out trail of correspondence ensued for almost six months.

or moves out. Furthermore, enforcing that the scope of works, to form an attachment to the by-law in that it sufficiently describes the works in enough detail so that those works will be identifiable for future purposes of rectification to reinstate what was originally there.

They were advised that Stata legal requirements included a by-law to be drafted for the works. They engaged a lawyer to draft the by-law as required and submitted this to the strata manager. They were met with correspondence from the strata’s lawyer condemning their submission.

When I heard this for the first time, I was immediately angered and wanted to help our member in any way possible. When I advised Melissa and Wendy that I completed my trade as a furniture maker in Tasmania many years ago and was familiar with kitchen dimensions, they were slightly relieved. When I added that I was the chairman of a strata block of apartments and relatively au fait with the strata laws, you could hear their sigh of relief in their voices. I went on to add that in a former life, I used to be a General Foreman and a Site Manager before moving into a pure safety role and immersing myself in numerous Standards Australia committees; both Melissa and Wendy were delighted.

The strata lawyer suggested an amendment to the newly drafted by-law, which required the current owner (Wendy) to reinstate the kitchen works and return the kitchen cupboards to their original height, etc, if Wendy passes away

After much research and consultation with a private certifier, I contacted a furniture testing facility in Launceston Tasmania (FurntechAFRDI), which is an old contact of mine spanning some 30 years, for assurance that

MBA NSW | Issue Three | July-September 2021

the information I was about to provide was accurate. An examination of the relevant Standard1 while on the phone with my old colleague led me to identify, in particular, Appendix A Ergonomics (informative) and a section of the Standard A2 Working heights and A2.1 Standing a) for food preparation, that clearly articulated 850mm to 1000mm, as a suitable working height and that our interpretation was accurate. Bingo! This was the detail in print that I needed, coupled with all the other information, that would help our member form a response to submit to their strata in an attempt to overturn their decision not to approve Wendy’s renovation application. Upon contacting Melissa to let her know of the excellent news, Melissa advised me that her sister Wendy had broken her arm AGAIN, yes, for a second time, trying to reach beyond capability due to the kitchen not being userfriendly to her mobility needs. Spurred on to get a win for our member, I offered to proofread their application ahead of their submission. A few technical additions bolstered their plight, one I’d hoped they would win.

HOUSING FEATURE

A month passed before Melissa wrote to me thanking the MBA for all our help, advising that the strata had approved their submission. The next step is for their Occupational Therapist to submit an application with quotes etc to the NDIS for their approval. Melissa went on to say, “we could not have proceeded at all without the strata approval, and that was only possible with the MBA’s assistance. We would have had little to no chance of having strata allow this without incurring the considerable, unnecessary expense of the special clause in the extra by-law and having to return the unit to prerenovated state at a later date; thank you, MBA NSW”. After receiving such positive feedback, senior

management thought this story worthy of advising our broader Membership on some of the good things we do in the background for our Members. AS 4386:2018 [Current] Cabinetry in the built-in environment — Commercial and domestic. This Standard sets out requirements for the design, manufacture, and installation of cabinetry in the built environment covering kitchens and built-in furniture. 1

Author: David W Solomon Executive Officer Technical Safety & Risk Master Builders Association NSW Chairman Standards Australia Committee for OH&S Management SF-001 Chairman PwC Certification Accreditation Body External Advisory Board Head of Delegation Australia ISO TC283 Convenor ISO TC283 WG4 45004

Issue Three | July-September 2021 | MBA NSW

INDUSTRIAL RELATIONS

INDUSTRY CLARITY

The Rossato Decision – who gives a FAC? Master Builders NSW Workplace Relations Manager Cameron Spence discusses the latest High Court Case regarding casual employment.

Summary

n a welcome decision for all Australian employers, the High Court of Australia has provided some long-awaited clarity for employers on the often-confused question of the true status of casual employees, especially as to the ability of casuals to make claims for entitlements they had already been compensated for.

In a nutshell, the Rossato decision states that if there is no “Firm Advance Commitment” (FAC) flowing from the employer to the employee that the employment engagement will be ongoing, then that employee is a casual. Or more simply put, if the contract says the employee is a casual, then that is what they are. With the Rossato decision, the High Court of Australia have confirmed what most employers

MBA NSW | Issue Three | July-September 2021

have long (and rightly) believed to be the correct approach to determining an employee’s status, simply put, it is the contract of employment that is the decisive factor in establishing the status of an employee. The Rossato decision clears away years of confusing law, which stated that the contract wasn’t the key indicator and moreover that a casual employee may make claims that had no

INDUSTRY CLARITY

basis in the contract, even if they had already been compensated for the very entitlements they were trying to claim. Background MBA NSW members may be familiar the “Skene” case (Skene v WorkPac Pty Ltd (2018) 264 FCR 536) which put the question of casual employment front and center of Australian industrial law. That case concerned a casual worker (Paul Skene) who was employed by labour hire company WorkPac between 2010 and 2012 to work in coal mines. Throughout his employment, Mr. Skene was employed and paid as a casual. The relevant enterprise agreement included all-in rates of pay, with a higher all-in rate payable to casual employees (which Mr. Skene received for all his work). Mr. Skene was given 12-month rosters at the start of each year setting out the hours that he would work. After the termination of his employment, Mr. Skene made a claim for annual leave in accordance with the National Employment Standards in the Fair Work Act for the two-year period that he worked for WorkPac. The Full Court of the Federal Court (Justices Tracey, Bromberg and Rangiah) upheld Mr. Skene’s claim, notwithstanding that Mr. Skene had been employed and paid as a

casual. The Skene decision was a disaster for Australian employers who it was reported were facing up to $39 billion in casuals’ backpay claims based on the Skene decision. Government changes to the law and the Rossato decision In the wake of the Skene decision, the Federal Government made some welcome amendments to the law that involved a change to the Fair Work Act 2009 to define a casual employee, and also to make provisions in the Fair Work Regulations to enable employers to use payments already made to casual workers, which were clearly made in lieu of ongoing work entitlements (such as annual and personal leave) to offset any later claims if those workers were found to not in fact be casual employees. In short, the Government amendments were designed to prevent the double dipping scenario in which an employee could agree to a contract that clearly stated that he was a casual, take the 25% casual loading and then turn around at the end of the employment contract and still make a claim for the entitlements which he had already been compensated for.

INDUSTRIAL RELATIONS

These amendments while welcome, still left a class of claims which could be bought against employers. The Rossato case has fixed that. The result is that the common law definition of a casual now aligns closely with the statutory definition so that there is now far less scope for a casual employee to make a claim for ongoing entitlements that they were not entitled to receive and which they have been compensated for. The decision has been hailed by industry as a victory for common sense that permanently resolves the double-dip pay threat to the Australian economy. Following the decision, employers can now focus on creating jobs for employees, confident that they will not be hit by unwarranted back-pay claims. Recommendation The key take away for MBA NSW Members from this decision is to ensure that their contracts of employment for casual employees are up to date and clearly state that the employee is a casual and that there is no Firm Advance Commitment to the employee of ongoing work or entitlements such as paid annual leave or personal leave. MBA NSW can assist Members with their casual employment contracts on a fee for service basis.

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Issue Three | July-September 2021 | MBA NSW

INDUSTRIAL RELATIONS

PROTECTING THE VULNERABLE

Hidden on Site: Managing Modern Slavery Risks in Construction By Alison Rahill, Executive Officer, Anti-Slavery Taskforce, Catholic Archdiocese of Sydney

MBA NSW | Issue Three | July-September 2021

PROTECTING THE VULNERABLE

INDUSTRIAL RELATIONS

Issue Three | July-September 2021 | MBA NSW

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PROTECTING THE VULNERABLE

There are many risks to manage on a construction site.

ith the expansion of labour-hire and the temporary migrant workforce in recent years, an age-old risk has re-emerged in a new form. Slavery. To say that word in 2021 seems shocking and unbelievable. Sadly, modern slavery, as it’s now called, is a global phenomenon. The risks are real, and they’re rated as high in the construction sector. And because of recent Australian legislation, the risk of modern slavery is another risk Australian construction companies must manage. The Modern Slavery Act The Modern Slavery Act (2018) requires commercial and charitable entities with over $100 million annual consolidated revenue to prepare annual Modern Slavery Statements. The Act covers an estimated 3,000 businesses, including many of Australia’s major construction companies and property developers. Every year reporting entities under the Act have to prepare a Statement on their efforts to assess and address modern slavery risks in their operations and supply chains. These Statements are published online on the Commonwealth Modern Slavery Register, where anyone can search, review, and download them. The Hon. Jason Wood MP is responsible for leading the Australian Government’s response to modern slavery. In his role as Assistant Minister for Customs, Community Safety and Multicultural Affairs, Minister Wood has emphasised the positives of proactive engagement. “Taking action can strengthen the overall integrity and quality of your supply chains, improve your access to business opportunities, strengthen your relationship with workers and investors, and bring reputational rewards,” said Mr Wood. “Taking action, no matter how small it may seem, will help us to reduce the number of people working as modern-day slaves around the world. “Furthermore, entities that fail to take action can leave themselves exposed to reputational and legal risks.” Construction Sector Risks No business sets out to construct buildings using labour or materials made by people experiencing modern slavery.

INDUSTRIAL RELATIONS

But often, there’s not enough information to make informed decisions. The complex nature of construction operations and supply chains, including high subcontracting rates, means that people experiencing modern slavery can be “hidden in plain sight” – either on Australian construction sites or far away in other countries. Migrant workers engaged through subcontractors in the construction sector are more vulnerable to exploitation due to limited language skills, lack of understanding of work rights, shortterm contracts, fear of retaliation, and cultural issues. There are up to 100 indicators to look for when it comes to modern slavery. Workers who are living at the workplace. Workers who are being restricted from contacting or interacting with others. Workers who are fearful of others, who have no money or little food. All of these can be signs of an illegal, coercive relationship. It’s frighteningly easy for people to be recruited from overseas on false pretences and to find themselves in this situation, particularly when the carrot is the promise of better income to support their struggling family.

Building Links While the prospect of a more significant compliance workload may be daunting, there is good news for beleaguered building site managers.

Then there’s the risk associated with materials used in construction projects. Bricks, timber, stone, steel, tiles, and carpet carry high modern slavery risks, especially when imported from overseas. In this case, the risks include child labour. Even seafarers on the ships that carry goods to and from Australia are at risk of modern slavery. While modern slavery reporting obligations rest with Australia’s largest construction businesses (including investors), their due diligence is also expected to affect small to medium enterprises.

In the near future, procurement teams will be seeking information from their suppliers about how they are managing modern slavery risks and what measures they are taking to assess, address, monitor and report on risks in their extended supply chains. Modern slavery clauses are already being integrated into tender documents, policies, contract clauses, Codes of Conduct,

The Australian Government is funding a program called Building Links to raise awareness of the risks of modern slavery in the construction sector. The Building Links toolkit is designed to encourage reporting of potential risks and ‘near misses’.

Cascading Compliance

Large businesses are developing risk profiles of suppliers and spend categories that will inform their ongoing supplier engagement. So, SMEs will need to understand their lead contractors’ expectations around managing modern slavery risks.

questionnaires, and other reporting tools. Anti-slavery initiatives such as desktop and site audits, worker interviews and sector-wide campaigns are common practice in a number of overseas jurisdictions. They’re likely to happen here in Australia too.

The toolkit draws parallels in risk management between WHS and modern slavery, encouraging supervisors to:

• Identify risks of harm to people, assess and address them

• Ideally taking action before a risk becomes an incident • Encourage people to report ‘near misses’ — in WHS terms, a wobbly ladder, not a fall • Work on the assumption of ‘when we find it’ not ‘if we find it.’ The Building Links toolkit also gives participants a new lens on potential situations of forced labour — scenarios that many will have come across on building sites — that could have been cases of modern slavery in hindsight. Armed with an understanding of indicators of modern slavery unique to the construction Issue Three | July-September 2021 | MBA NSW

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PROTECTING THE VULNERABLE

sector — Building Links also provides a mechanism for industry participants to access confidential advice and support via a safe conversations app and an e-learning module accessible via smartphone.

Domus 8.7 can provide social services, crisis accommodation or emergency transport, and legal support such as migration advice.

There are posters with QR codes available to put up on building sites.

But as Minister Wood reminds everyone, this due diligence has an important purpose.

People who want to reach out can anonymise chats, similar to WhatsApp, with all contacts fully encrypted and untraceable. It is a safe way to have a conversation, get support and advice via Domus 8.7 — an independent organisation of modern slavery specialists working as an agency of the Catholic Archdiocese of Sydney. Understanding the signs “I have coordinated the Building Links program from its inception.” The biggest challenge we face is how to reach people experiencing labour exploitation when retaliation against workers who speak out isn’t just a threat, it’s a reality.

The fight against modern slavery is likely to be a long one.

“To put an end to this abhorrent crime, we all need to play a role in preventing modern slavery. The construction industry has a vital role to play,” said Mr Wood. “Over the past decades, we have seen the construction industry drive transformative change in areas like OH&S and environmental safeguards.

INDUSTRIAL RELATIONS

“We all need to work together to ensure we meet this next challenge on combating modern slavery. “Together, we can build a community free from modern slavery.” Building Links resources and a 7-minute online training video are free to all construction sector participants via: https://www.acan.org.au/modernslavery For information on Domus 8.7 https://www.acan.org.au/domus87 Commonwealth Modern Slavery Register https://modernslaveryregister.gov.au

INDICATORS OF MODERN SLAVERY A combination of these signs may indicate a person is in a situation of modern slavery:

It’s important to seek specialist advice about how to safely engage without making a situation worse for workers already in a difficult situation.

• living at the workplace or another place owned/controlled by their employer

In the construction sector, one complicating factor is the many layers of subcontracting. Workers may only be on site for a few days.

• confined or isolated in the workplace

That’s why Building Links trains site managers in the warning signs of modern slavery and equips them with the skills to respond to potential cases safely and effectively. It might be people experiencing overcrowded accommodation, or little to no pay, no access to cooking facilities, or no money to buy lunch. It can also be subtle things: like not making eye contact, or never asking questions or a sense of being controlled. Often, there’s an alpha controller of a small group of workers. Do these workers have freedom of their possessions? Are they in control of their own wallets and mobile phones? All of these are possible indicators.

• underpaid or not paid at all • excessive hours of work • restricted from contacting or interacting with others, controlled • subject to different or less favourable working conditions than other workers • unable to terminate their employment • servicing a debt to an employer, recruiter or a third party • subjected to, or threatened with, violence (including harm to self, other workers, family members) in connection with their employment • threatened with other detrimental actions such as arrest or deportation • identity documents held by an employer or third party • deceived about the nature and conditions of their employment • no contract, unfair contract or unable to understand the terms and conditions of their employment • not provided with any protective equipment or training • do not have permission to work or appear to be working in breach of visa conditions.

Issue Three | July-September 2021 | MBA NSW

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PROTECTING THE VULNERABLE

INDUSTRIAL RELATIONS

BUILDING LINKS

CONSTRUCTION INDUSTRY TOOLKIT Building Links – “who do you see on site?” This Building Links toolkit includes an online learning video and posters for the construction sector to help identify and respond to workers at risk of labour exploitation. Watch this 7 minute Building Links online learning video for site supervisors and project managers. Learn how and when to respond to situations like this:

Case study: A sub-contractor was exposed for charging illegal visa fees and underpaying wages to a group of migrant workers. The workers were promised good wages, board and lodging, but the company stopped paying wages after six weeks. With no wages, the workers became homeless and were forced to sleep on an office floor.

About Domus 8.7: Domus 8.7 provides confidential advice, access to specialist services and timely solutions. Domus 8.7 is an independent organisation that provides help for workers in situations of extreme labour exploitation. To speak with us directly call 02 9307 8464 OR Download the App 1. Use your smartphone camera to scan the QR code 2. Tap the prompt to download the Whispli app 3. Open the app, and follow the instructions to create your account 4. Click on the QR code again to chat with Domus 8.7 specialist staff

Property, Construction & Modern Slavery KPMG 2020

Speak up for Yourself or Others: Contacting Domus 8.7 is a way for anyone onsite to speak up anonymously and access expert advice without fear of making a situation worse.

We Protect Your Identity: Using the app helps you share information without telling us who you are.

antislavery@sydneycatholic.org tel +61 2 9307 8464 acan.org.au/domus87

You have choice and control. Issue Three | July-September 2021 | MBA NSW

LEGAL

Cooler heads will prevail — Tribunal finds that direct notice of termination of a home building contract is not required

t is not uncommon in home building projects for disputes to occur during the project in relation to the quality of the work carried out by the builder and in turn, a claim for outstanding money by the builder often results. Inevitably, this can lead to the contract coming to an end by way of abandonment, termination or repudiation if the parties do not resolve their differences. If the matter proceeds to a Court or Tribunal, the first issue to be determined is: • whether the contract is still on foot; • whether the contract has been terminated; and • if the contract has been terminated, whether the termination was valid. The answers to these questions will dictate the parties’ entitlement to claim damages (and the types of damages) and ultimately, the outcome of any legal proceedings. In an ideal world, the terminating party would issue a notice of breach or default under the contract, which would result in a termination of

the contract if the breaches or defaults are not remedied. Building cases are rarely this clear cut and more often than not, the Courts and Tribunals have to consider the conduct and communication between the parties in order to ascertain whether the contract is still on foot, or whether it has been terminated validly or otherwise. In a recent case in the NSW Civil & Administrative Tribunal (Tribunal) the Tribunal dealt with this very issue of termination of a home building contract by the Owners in the absence of any direct notice to the Builder and also considered what communication or conduct would give rise to a finding that the contract was no longer on foot. The first Tribunal determination 1. The Owners entered into a home building contract with the Builder to carry out renovations at their property in Frenchs Forest (Site). 2. Disputes arose during the course of the Project in which the Builder and

MBA NSW | Issue Three | July-September 2021

the Owners were having regular heated arguments in relation to the works carried out by the Builder. 3. After one of the final arguments, the Builder ceased carrying out the building works at the Site and removed all of his tools and materials. 4. In the first instance, the Tribunal found that the Builder abandoned the Site before completing the building works and thereby repudiated the contract. 5. The Owners made a claim against the Builder under the Home Building Act 1989 (NSW) (HBA Act) for costs to complete the building works by another builder as a consequence of the Builder’s repudiation of the contract and its termination by the Owners. 6. The Tribunal held that even though the Builder had repudiated the contract, the contract still remained on foot because the Tribunal was not satisfied that the Owners had terminated the contract by accepting

LEGAL

the repudiation of the Builder. 7. The Tribunal found that there was no evidence relied upon by the Owners that they accepted the Builder’s repudiation by their conduct of engaging another builder and further, there was no evidence that the Builder knew that the Owners were engaging another builder. 8. The Tribunal decided against the Owners and concluded that the Owners had not established that the Builder had breached the contract by reason of the incomplete works and determined that the Owners had not suffered any loss in relation to their claim for the costs of completion of the works by another builder. 9. The Tribunal ordered that the Builder was only liable to pay the Owners the sum of $34,954.80 for overpayments for variations and defects and not the costs of completion. The Appeal 10. The Owners appealed the determination on the basis that the Tribunal was wrong in failing to find that the contract had been terminated. 11. The Appeal Panel upheld the Owners’ appeal and found that the Tribunal did

determine this issue incorrectly. 12. The Appeal Panel said that the Owners’ commencement of the proceedings and service of their claim on the basis of termination for breach can be regarded as communication of the Owners’ acceptance of the Builder’s repudiation and subsequent termination. Quantum of damages The Appeal Panel then went onto assess the amount of damages. The Appeal Panel decided against the Builder and assessed the damages owing by the Builder to the Owners in the amount of $187,280.24 (which included the costs of completion) plus the Owners’ costs. What does this mean for residential builders? • contracts need to be terminated carefully as the Courts and Tribunals will consider any communication or conduct between the parties in determining whether a contract has been terminated in the absence of any written notices or communication; • in this case, the Builder ceasing work and removing its tools and materials without any other communication was sufficient to

demonstrate the Builder’s repudiation of the contract which the Owners accepted in the commencement of the legal proceedings and in their pleadings also filed in the legal proceedings; • builders need to be mindful that any conduct or communication that demonstrates an intention to no longer be bound by the contract would amount to a repudiation without necessarily obtaining any notice of the owner’s acceptance until well after the fact; • what follows from this is that if the contract is not validly terminated it can affect the parties’ entitlements to damages breach of contract; • by way of example, if the owner terminates the contract, the builder would need to prove that the termination was wrongful in order to claim any loss of profits, demobilisation costs and loss of wages etc; and • obtain legal advice before terminating a contract is key. Stefanie Dunnicliff | Senior Associate Bradbury Legal stefanie@bradburylegal.com.au www.bradburylegal.com.au

EFFORTLESS, BEAUTIFUL LIVING

Issue Three | July-September 2021 | MBA NSW

WORKPLACE, HEALTH & SAFETY

LIFE ON THE JOB

Conversations about life, health and safety: Social supports for young construction workers What is the project about? The Master Builders Association (New South Wales) is currently partnering with researchers from RMIT University and the Australian National University, and the New South Wales Government Centre for Work Health and Safety in a project examining the best way for construction firms to provide healthy, safe and supportive workplaces for young construction workers, particularly apprentices. This work is being funded by icare NSW under the Injury Prevention in Construction (IPIC) initiative. The work is focused on improving communication between supervisors and construction apprentices in relation to workplace safety, health and wellbeing. This is important because young workers experience a disproportionately high frequency of workplace injury, and the risk of workplace injuries is further elevated when young workers enter the construction industry (Safe Work Australia, 2013). In addition, construction apprentices are a high-risk group for psychological distress and poor mental health (Pidd et al., 2017; Ross et al., 2020). As the planners, organisers, and facilitators of daily work activities, supervisors play a key role in providing practical guidance and demonstrating healthy and safe ways of working, role modelling good behaviour and acting as mentors to apprentices as they progress through their training. Supervisor support has been identified as being critical

to young workers’ health and safety at work. Yet, international research suggests that young workers are sometimes hesitant to ask questions or raise concerns about workplace health and safety because they perceive that their voice may not be heard or acted upon by their supervisors (Tucker et al., 2014). Young workers are more likely to engage proactively in workplace health and safety activities when they have a supervisor who is approachable and who they feel comfortable talking to (Zierold, 2017). The availability of social support from supervisors and others in the workplace is also important for apprentices’ mental health and wellbeing (Buchanan et al., 2016).

What have we done so far? During the project’s first year, 41 interviews were conducted (30 with apprentices and 11 with supervisors from training employer organisations). The data was analysed to: • understand the way that supervisors and apprentices talk about life, health and safety, • identify the characteristics of supportive interaction and supervision of apprentices, and • identify organisational or context-related drivers of conversation failure.

What did we find? The interview findings identified traits and behaviours associated with open and

MBA NSW | Issue Three | July-September 2021

supportive communication between apprentices and their supervisors. These are shown in Figure 1. Apprentices indicated they are comfortable talking openly about work health and safety when their supervisors are approachable, adopt a participative management style, are good at listening and respond quickly when apprentices request help. “You’re never made to feel bad about anything. Like I said, on top of that, if you’re at work and you have any concerns, or you need them to come down and explain a job, or what things do, they’re always — if it’s not straight away —they’re only minutes away.” Apprentices are also more likely to engage in work health and safety-related communication when they feel they have a good baseline level of health and safety knowledge (often learned at TAFE) and are confident and assertive. “I’ve got all — like confined space training and things like that, that I’ve been asked to do tasks, and I haven’t been like pressured into it. It’s more just me saying, ‘Well yeah, I’ll do it, but you just need to make sure that all the correct gear’s here.’” Emotional intelligence, that is “the ability to monitor one’s own and others’ feelings and emotions, to discriminate among them and to use this information to guide one’s thinking and actions” (Salovey & Mayer, 1990, p. 189),

LIFE ON THE JOB

WORKPLACE, HEALTH & SAFETY

impacts (Hogh et al., 2005). The interviews revealed that female apprentices are often the targets of on-site banter. While female apprentices join in with this banter and accept it as an inevitable part of working in the construction industry, the sex-based nature of worksite humour can have the effect of ‘othering’ female apprentices (Watts, 2007). “Well, it was... it was kind of bad, but if you don’t have a sense of humour with the boys in this industry, you generally will not get along with them. Like they will somewhat hurt you, like rattle you in a way, but then at the same time you’re like, ‘I’m going to hear this for the rest of my life from other people.’” — female apprentice

What are the next steps?

Figure 1: Characteristics of effective communication and social support was important for both apprentices and their supervisors. Some supervisors explained that if they observe changes in apprentices’ mood or behaviour, they initiate a conversation to make sure that the apprentice is okay. Some apprentices appreciated supervisors’ concern and emotional support, while others preferred not to talk about personal issues with their supervisors. Supervisors identified the importance of being sensitive and respectful of apprentices’ preferences in relation to discussing personal matters that may be affecting them. “So, if I can see there’s something wrong, and I think that might be — something mightn’t be right — I’ll ask them, ‘Is everything okay? You know, you’re not your usual self.’ I won’t push ‘em, but I’ll definitely ask because, at the end of the day, I’d rather ask the question than not ask the question. Some say, ‘Yeah, I’m fine’, but some will open up.” “I went into a bit of a depression stage a few years back, and he was always there for me, and with work, he was very understanding; he knew that I could get back to my best, so he was — yeah, I could talk to all that’s — about that stuff with him… He was just — if I needed time to myself at work, he allowed me to have that, and he was — if I needed to start later/finish later, he was happy to accommodate working around myself, which was really good at the time.” Some supervisors draw on their own personal experiences to empathise with apprentices when they become aware that an apprentice is experiencing personal difficulties. “…a kid with a divorce, my parents are divorced as well actually. And I sort of, ah,

used some of my life experiences. He was going through a very similar situation — as what I did at the same age, and I just sort of gave him my perspective on what happened to me when my parents got divorced.” Positive and supportive supervisor-apprentice communication is characterised by respect and civility. The results were mixed in relation to the extent that supervision is respectful. Some apprentices described their supervisors as being patient, non-judgemental and willing to take time showing them how to perform a task even if this took several demonstrations. However, other apprentices had observed workers being yelled if they made a mistake. Incivility and verbal aggression (yelling) were also reported in another recent study of Australian apprentices, which linked such experiences to mental ill-health and apprentices’ failure to complete their apprenticeship (Einboden et al., 2021). “…usually if I’ve made a mistake, he’ll come along and say, ‘Oh, look, like, that’s... that’s not right. This is the way to do it’ and coaches me through it… like, he’s... he’s pretty calm. He just goes like, ‘you’ve done it wrong. You’ll need to redo it.” Banter and joking are deeply ingrained features of worksite communication. Humour can relieve stress and create social cohesion in a workplace (Romero & Cruthirds, 2006). However, in some instances, teasing can be seen as funny by one person while being hurtful to others. The apprentices dismissed humour as ‘just a bit of banter’ and suggested that, even if it is taken too far, it is not intended to make people feel bad and can be resolved by explaining it was ‘just a joke’. However, research shows that, even when no harm is intended, mildly aggressive humour (including teasing) can produce negative mental health

The interview findings will be used to inform the design and delivery of a development program focused on the characteristics of supportive and positive supervisor-apprentice communication. This program aims to improve the quality of communication between construction apprentices and their supervisors in the construction industry of New South Wales in ways that better protect apprentices’ health and safety at work and in life outside work. In the project’s next stage, the communication program will be delivered to the Master Builders Association (NSW) cohort of apprentices and a smaller sample of supervisors. The program’s impact in improving the quality of apprenticesupervisor communication about life, health and safety will be evaluated. References Einboden, R., Choi, I., Ryan, R., Petrie, K., Johnston, D., Harvey, S., Glozier, N., Wray, A. & Deady, M. (2021). ‘Having a thick skin is essential’: mental health challenges for young apprentices in Australia. Journal of Youth Studies 24,(3), 355-371. Hogh, A., Henriksson, M. E. & Burr, H. (2005), A 5-year follow-up study of aggression at work and psychological health, International Journal of Behavioral Medicine, 12(4), 256-265. Pidd, K., Duraisingam, V., Roche, A., & Trifonoff, A. (2017). Young construction workers: substance use, mental health, and workplace psychosocial factors. Advances in Dual Diagnosis, 10(4), 155-168. Romero, E. J., & Cruthirds, K. W. (2006). The use of humor in the workplace. Academy of Management Perspectives, 20(2), 58-69. Ross, V., Wardhani, R., & Kõlves, K. (2020). The impact of workplace bullying on mental health and suicidality in Queensland construction industry apprentices. Australian Institute for Suicide Research and Prevention, Griffith University. Safe Work Australia (2013). Work-related injuries experienced by young workers in Australia, 2009–10. Canberra: Safe Work Australia Salovey, P., & Mayer, J. D. (1990). Emotional intelligence. Imagination, cognition and personality, 9(3), 185-211. Tucker, S., Diekrager, D., Turner, N., & Kelloway, E. K. (2014). Work-related injury underreporting among young workers: Prevalence, gender differences, and explanations for underreporting. Journal of Safety Research, 50, 67-73 Watts, J. (2007). Can’t take a joke? Humour as resistance, refuge and exclusion in a highly gendered workplace. Feminism & Psychology, 17(2), 259-266. Zierold, K. M. (2017). Youth doing dangerous tasks: Supervision matters. American Journal of Industrial Medicine, 60(9), 789-797.

Issue Three | July-September 2021 | MBA NSW

WORKPLACE, HEALTH & SAFETY

Suicide Prevention Gatekeepers Training Program By Omesh Jethwani, Government Projects & Programs Manager

aster Builders NSW Gatekeepers Program facilitated safeTALK and Applied Suicide Prevention Intervention Skills Training (ASIST) workshops in partnership with Mates in Construction NSW (Mates). The NSW Ministry of Health funded the two-year Program. safeTALK is a half-day face to face course that trains participants to identify people at risk of suicide, engage with them and connect them to resources to help them. ASIST is a two-day interactive workshop in suicide first-aid. ASIST teaches participants to recognise when someone may be at risk of suicide and work with them to create a plan to support their immediate safety. Master Builders Gatekeepers Program targeted the following cohorts: • young apprentices; • support staff (business trainees, new entrants); and • apprentice mentors (Supervisors, Project Managers, etc.) • others working in or connected to the Building & Construction Industry For the financial year 2020-2021, there were 76 safeTALK training workshops and four ASIST training workshops delivered around NSW. The majority of the training workshops were delivered in the Sydney Metropolitan area. In contrast, several training workshops were delivered in regional NSW, including Albury, Armadale, Central Coast, Dubbo, Newcastle,

Port Macquarie, Ulladulla and Wagga Wagga. Since the Program’s rollout from February 2020 to June 2021, 1,451 participants employed in the Building and Construction Industry have completed the Suicide Prevention Gatekeepers Training Program. The breakdown includes 1,383 participants for safeTALK and 68 participants for ASIST training workshops. In addition, the total includes 777 building and construction trade apprentices and 33 NSW TAFE Teachers from the Western Sydney region. Furthermore, Master Builders NSW is pleased to advise that 25 of its employees have completed the safeTALK training workshops. Two employees from the Safety Department have completed the two-day ASIST training workshops.

would be willing to offer help. • 80% of participants strongly agreed that if their workmates were going through a difficult time feeling upset or thinking about suicide, they would know how to connect them to appropriate help. • 87% of participants intend to tell others that they will benefit from safeTALK training. • 82% of participants said they were either well prepared or mostly prepared to talk directly and openly to a person about their thoughts of suicide. Congratulations to ALL the building and construction participants who had supported the funding Program and are now recognised as Suicide Prevention Gatekeepers for the Building and Construction Industry.

All participants enrolled in the Master Builders Young Gatekeepers Program had to complete pre-training and post-training surveys as part of the training criteria. The information below shows the results of the survey that the participants completed.

Master Builders NSW would like to take this opportunity to thank the team from Mates in Construction NSW, Brad Parker, Natalie Hunt, Heather Drew, Kayte Wilson and Mark Rafferty, for their ongoing support in the rollout of the Master Builders NSW Gatekeepers Program.

• 81% of participants strongly agreed that talking openly about suicide can prevent suicide. • 78% of participants strongly agreed that if their workmates were going through a difficult time feeling upset or thinking of suicide, they would notice.

Master Builders NSW will recommence the Suicide Prevention Gatekeepers Training workshops once the NSW COVID-19 restrictions are lifted. Master Builders NSW members and their employees will be updated and notified via an e-circular of the upcoming dates.

• 84% of participants strongly agreed that if their workmates were going through a difficult time feeling upset or thinking of suicide, they

For further enquiries, contact Omesh Jethwani, Government Projects & Programs Manager, on 02 8586 3539.

MBA NSW | Issue Three | July-September 2021

WORKPLACE, HEALTH & SAFETY

safeTALK – Participants Post-Training Surveys Talking openly about suicide can prevent suicide 11

134

94 No Answer

748

313

Strongly Disagree Disagree Maybe Agree Strongly Agree

If my workmate was going through a difficult time feeling upset or thinking about suicide, I think I would notice 475

141

5 134

12 No Answer Strongly Disagree Disagree

542

Maybe Agree Strongly Agree

Issue Three | July-September 2021 | MBA NSW

WORKPLACE, HEALTH & SAFETY

safeTALK – Participants Post-Training Surveys If my mate was going through a difficult time feeling upset or was thinking about suicide, I would be willing to offer help 5 148

3 51 No Answer 268

Strongly Disagree Disagree

834

Maybe Agree Strongly Agree

If my workmate was going through a difficult time feeling upset or thinking about suicide, I would know how to connect him/her to appropriate help 151 643

610 87

No Answer Strongly Disagree 412

Disagree Maybe Agree Strongly Agree

MBA NSW | Issue Three | July-September 2021

WORKPLACE, HEALTH & SAFETY

safeTALK – Participants Post-Training Surveys My current worksite supports good mental health and well-being 14

154 519

37 187

No Answer Strongly Disagree Disagree Maybe Agree

398

Strongly Agree

If I was going through a difficult time, feeling upset, or was thinking about suicide, I would be willing to seek help 161 598

16 156

25 No Answer Strongly Disagree Disagree

353

Maybe Agree Strongly Agree

Issue Three | July-September 2021 | MBA NSW

MEMBERSHIP

MBA NSW | Issue Three | July-September 2021

MEMBERSHIP

KEEPING MEMBERS UP-TO-DATE IN A CONSTANTLY CHANGING WORLD

t the time of publication, the Member Services team (over the past 12 weeks) have contacted more than 3,400 members and other industry participants to check in on their personal welfare and to provide advice and support where needed.

This includes updated COVID-19 site signage, site shut down and reopening checklists, Master Builders Insurance Brokers - temporary shutdown insurance checklists for sites and Best Practice Guide for Building & Construction — COVID-19.

These conversations have supported members to connect with information and advice on issues like:

For the month of August, we have provided members FREE access to eContracts, which will be extended for the months of September and October. We will also provide members with FREE (2 per member) updated COVID-19 site signage for this period.

• Rules and restrictions by local LGA’s • Authorised workers and site restrictions • Site - social distancing and hygiene • Travel and transport to sites • Contracts and Insurance, to name just a few. We are continuously updating members with updates on NSW Government Public Health Orders, which in most instances are being circulated seven days a week. With our ever-changing industry environment, we are updating marketing materials to support our members demonstrate to their clients that they are operating with the highest standards in adhering to social distancing and hygiene.

Orders, refer to our website for all the latest updates on our member events. Master Builders understand that some members are strained financially and as such we have not passed on increased operating costs to members for the past 2 financial years. We are also providing members when requested extended payment terms for subscription renewals if required. It is also appropriate to remind members of our member only discounts to help reduce costs on fuel, communications, and the huge savings on purchasing new vehicles at discounted and fleet pricing.

At present we are developing a new series of online webcasts to further assist and educate members on new legislation and technical support. Our previously communicated dates for our face-to-face CPD Seminars have now been *rescheduled as follows:

As local government area’s restrictions are relaxed we will no doubt have more challenges to overcome, and you will have the peace of mind knowing that our team of industry specialists will be ready to work with you providing advice, tools and support to assist your business.

• Port Macquarie - Tuesday 26 October 2021 • Liverpool - Wednesday 3 November 2021 • Manly - Wednesday 17 November 2021 • Rosehill - Wednesday 1 December 2021

Any members that need our support or advice please contact us on 02 8586 3555 or email membership@mbansw.asn.au.

* These dates could be subject to further change depending on revised Public Health

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BUILDING SUPPLIES AND TRUSS & FRAME Issue Three | July-September 2021 | MBA NSW

TRAINING

UPSKILLING COURSES

Don’t miss out on NSW Government subsidies* APPLY NOW! *This training is subsidised by the NSW Government. Subject to availability and eligibility criteria.

TRAINING

EDUCATION AND SKILLS DEVELOPMENT Upskill today and future-proof your career. Industry licence qualifications and workshops are now available online. For builders, gaining your CPD points has never been easier! We provide Covid safe learning with online interactive tutorials and classroom training with safe social distancing measures in place. We also provide customised workforce training solutions to suit your business needs. Training is offered at our Master Builders Education Centre in Norwest and our regional offices in Newcastle, Ballina, Wollongong, Port Macquarie, Gosford, Ulladulla, Orange, and Albury.

Our training programs include: • Builder and trade licence pathways • Online qualifications • Recognition of Prior Learning • Online continuing professional development • Work health and safety training

Search mbansw.asn.au/training

MBA NSW | Issue Three | July-September 2021

UPSKILLING COURSES TRAINING

Qualifications and Licence Pathway Programs CPC40110 Certificate IV in Building and Construction (Building)

CPC30611 Certificate III in Painting and Decorating

CPC50210 Diploma of Building and Construction (Building)

Kitchen, Bathrooms, and Laundry Renovation

CPC30211 Certificate III in Carpentry

CPC30318 Certificate III in Concreting

CPC31411 Certificate III in Construction Waterproofing

MSF31113 Certificate III in Cabinet Making

CPC30111 Certificate III in Bricklaying and Blocklaying

BSB51415 Diploma of Project Management

Safety Training and Industry Courses First Aid

Remove Non-Friable Asbestos

Internal Waterproofing — Industry Best Practice

General Construction Induction (White Card)

Supervise Asbestos Removal

External Waterproofing – Industry Best Practice

Manual Handling

Asbestos Awareness

Work Safely at Heights

Professional Development Workshops Contracts Workshop Keys to Property Development

Complying Development Introduction to Security of Payment Act

Pre-Purchase Inspection Report Writing Understanding BASIX

Contracts and Disputes

Managing Finance

Tenders and Contractual Arrangements

Site Management

Quality and Risk Management

Processes and Personnel

Project Planning

Building Profitability

Waterproofing for Builders

Project Cost Control

Builders Quantities and Estimating

Supervision

The Features of AAC Panels

Mental Health in Construction

For further course information including course fees, visit our website www.mbansw.asn.au/training Contact the Education and Skills department on 02 8586 3588 or education@mbansw.asn.au REGISTER YOUR INTEREST: www.mbansw.asn.au/make-training-enquiry RTO ID: 6163 Issue Three | July-September 2021 | MBA NSW

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You should read the Employer Handbook, Cbus Industry Superannuation Product Disclosure Statement (PDS) and other relevant documentation to decide whether Cbus is right for you. Call 1300 361 784 or visit www.cbussuper.com.au Cbus’ Trustee: United Super Pty Ltd ABN 46 006 261 623 AFSL 233792 Cbus ABN 75 493 363 262.

ADVERTISING FEATURE

REGULATION CHANGES ARE REINFORCING THE NEED FOR AIR-VOID FREE CONCRETE WALLS MBA members are no doubt aware of the concerns the NSW Building Commissioner’s Office has around quality assurance in regards to installation matters.

achieve adequate concrete compaction. This is critical as air-voids in concrete elements are significantly costly to rectify and can impact fire rating levels, structural capacity, waterproofing and acoustics. These are the reasons why SCC has fast become the preferred concrete mix by design engineers and concrete suppliers.

here are great concerns in the industry about the presence of air voids within concrete walls formed with conventional formwork and permanent formworks (consisting polymer, fibre-cement or Besser block faces). The good news is that the use of selfcompacting concrete (SCC) offers solutions to the questions — have you used the right concrete mix? Have you added water to the supplied mix? Have you vibrated the concrete? Do you have air-voids and segregation?

Permanent formwork manufacturer Dincel have tested their products with SCC, with results demonstrating air-void/segregation free walls without the need for any vibration. The tests included 3m tall Dincel 155 and Dincel 200 walls. In addition to this, a 5.2m tall Dincel 275 wall was tested which incorporated two layers of N24 vertical and horizontal bars in one portion and also closed tie reinforcement in another (replicating column detailing) in order to impose significant steel congestion within the formwork. Even with this reinforcement, solid compacted concrete within the formwork was verified following an inspection of core holes and removal of the polymer skin. The use of SCC is possible with Dincel formwork due to the patented ‘snap-lock’ joints which are able to handle the high pressures exerted by SCC.

Self-Compacting Concrete (SCC) is a unique type of concrete mix that does not require vibration (and does not allow for the adding of water on site), in order to achieve compaction and air-void / segregation free elements. It consists of specialty admixtures such as superplasticisers and stabilisers in order to dramatically increase flow and workability without causing segregation, loss in strength or undue shrinkage. This is considered by some as a game changer for vertical concrete elements. It has a ‘set and forget’ approach, where there is no reliance on the labourer or concreter to carry out the correct vibration technique in order to Scan QR Code to watch the Dincel + SCC Test

Before using SCC in your next project, it is important to check that the formwork manufacturer has tested the use of SCC with their systems. In addition, providing sufficient bracing for the formwork is imperative due to the high amount of pressure exerted by SCC. SCC can solve the industries air-void related concerns and it is expected to become much more prevalent as time goes on.

SCC pre pour test.

Core test.

Heavy reinforcing. The use of SCC has great potential to change the industry. Consider SCC and tested systems such as Dincel on your next project for air-void and defect free walls.

Scan QR Code to watch Dincel + SCC in action at the new Sydney International Speedway

1300 DINCEL www.dincel.com.au

Issue Three | July-September 2021 | MBA NSW

BETTER BUILDING TECHNOLOGY

ADVERTISING FEATURE

Save time, labour and money with advanced cladding technology The new generation of Magnesium Oxide cladding can save 50% on material and labour costs while offering peace-of-mind to property owners.

New technology

or many trades in the building and construction industry, the change from plasterboard and CFC cannot come quickly enough. Citing deficiencies in exterior weather capability, to the multiple layers required for some fire walls, costs can additionally blowout, with many of these materials requiring expensive and specialised tools for application and installation.

Variable uses

MgSO4 2025 plus

Planked type (16mm TG) decking meets the maximum bush fire rating BAL FZ at surprisingly economic rates with costs from $20 per m2. Firecrunch K Clad range products in

The New, K-Type generation of NATA labstested Magnesium Oxide cladding (MgSO4) by FireCrunch is the answer to most forms of internal and external fast fix cladding. It is lighter weight, can be used on a variety of timber framing and light weight steel. It is installed easily requiring less labour and can be used as a fire wall offering a total fire block at lower costs for high FRL. Plus — it is 10 times stronger than plaster board, is hi impact, and is impervious to termites. High quality surface finish While the earlier types of MgSO4 board were effective protection from fire, they often had a poor surface finish and a tendency to absorb moisture if not properly sealed.

Through new technology, FireCrunch has achieved high loadbearing on light weight gauge frames (55kN) NATA CSIRO- tested and compliant, verified fire-proof building products, while offering high-quality, double-slurry surfaces and giving a first-class finish. It can be used as underlay flooring (19mm TG), tile backers, shower bases and once primer- sealed, can be painted with normal water- based paints, texture paints or renders. External weather board fire proof products

MgSO4 offer top fire performance from NATA, CSIRO and Resolute Labs. High FRL to 120 minutes and over MgSO4 cladding will handle up to FRL 90/90/90 (NATA Labs tested) with a single sheet each side of a 90mm cavity frame.(requires two layers of 16mm Fyrchek with all additional freight weight, crane up, site handling and labour installation where the real costs are saved. Firecrunch has endured real-time bush fire simulation tests and full-scale NATA CSIRO furnace tests at 1000. To BAL FZ and well over to FRL 120/120/120.

MgSO4 is regularly recommended by architects, K-WALL, -K-FLOOR, -K CLAD, specifiers and QS/ -K-DECK, -K-WALL, -K-ROOF surveyors, and fire eliminates 14 different engineers and certifiers. types of cladding in one NATA ENVIRONMENTAL labs-tested product. BENEFITS Fire, water, flooding, acoustics, finish, FireCrunch contributes impact, bacteria, mould, termites, 95% less Co2 than providing long term virtual zero plasterboard and does not maintenance cladding destroy millions of oxygengenerating Co2 absorbing trees to make cheap paper-lined plaster board. Firecrunch is suitable for fire separation walls in high-rise residential and commercial construction and for bushfire BAL FZ and flood-prone areas and is available to clients Australia-wide. Contact: 1300 933 102 or support@firecrunch.com.au Issue Three | July-September 2021 | MBA NSW

The Lysaght Professionals website is the complete technical resource for the building professional. The site contains detailed product, compliance and installation information for the complete LYSAGHT® steel building products range.

DESIGN AND INSTALLATION MANUALS:

PRODUCT LITERATURE:

Detailed technical manuals for all the products in the LYSAGHT® range.

A complete range of LYSAGHT® product brochures for your reference and client discussions

PRODUCT ADVISORY BULLETINS:

CASE STUDIES:

A growing range of easy-to-read fact sheets covering a range of specification, design and installation topics.

Explore a range of projects incorporating LYSAGHT® building products.

NCC COMPLIANCE STATEMENTS: To support your own design and approval submissions Lysaght has a suite of NCC Compliance bulletins covering the complete LYSAGHT® product range.

For more on the Professional’s Resource, visit:

PROFESSIONALS.LYSAGHT.COM

LYSAGHT. THE PROFESSIONALS’ CHOICE product and product brand names are registered trademarks and ™ product and product brand names are trademarks of BlueScope Steel Limited trading as Lysaght. The LYSAGHT® range of products is exclusively made by or for BlueScope Steel Limited trading as Lysaght. © BlueScope Steel Limited August 2021 ABN 16 000 011 058. All rights reserved.

ADVERTISING FEATURE

Lysaght VENT-A-ROOF® — easy installation and no moving parts —

here’s no doubting the benefits of roof ventilation, especially in a country like Australia with our extremely hot summers, and in some states, year-round heat. Just a few days of moderate to high temperatures can result in heat build-up, and that becomes trapped in the roof cavity as the sun beats down, while warm air from inside the house also rises. Flicking the switch to the aircon is usually the first course of action when the temperature rises, but it’s not the best one. Running air conditioning for long periods isn’t cheap, and for those with ducted systems — which are often routed through ceiling spaces — efficiency is lost because the cool air moving through the ducting ends up cooling the ceiling cavity rather than just the living spaces. Good ventilation is also needed in the cooler months when humid air can get caught in roof cavities — if there’s no escape, it gradually turns to liquid, clinging to timber trusses and moistening insulation and plaster, which can lead to damage. What if there was an easy-to-install system that could help to cool roof cavities leading to a cooler building in summer, while also providing airflow during lower temperatures to minimise condensation? It would be even better if it was a ‘passive’ solution, that didn’t need energy to do the job. The concept of passive ventilation isn’t new with a number of systems available on the market. None though are quite like Lysaght VENT-A-ROOF®. VENT-A-ROOF® is a concealed roof ventilation

system that uses the power of natural airflow to ventilate residential, commercial and light industrial buildings with metal rooves. It’s installed under traditional ridges, hips and barges, making it extremely versatile while not leaving rooflines with ugly bolt-on systems. Plus, because VENT-A-ROOF® has no moving parts, it’s completely silent. “VENT-A-ROOF® uses the same principles as other natural ventilation systems. As the roof space heats, hot air is drawn towards the highest natural point and expelled through the VENT-A-ROOF® integrated louvre and down the pan creating a passive, natural and continuous flow of air,” Lysaght National Specification Manager, Tony Jamieson, explained. “At the same time, any positive airflow across the ridge of the roof creates a negative pressure which pulls air out from the ridge vent and brings in fresh air from intake vents in the eaves or below. Basically the two thermal effects create a continuous flow of air, allowing cool air into the roof space and extracting hot air.” According to Tony, another benefit for building owners – and installers — is that the two-piece VENT-A-ROOF® system is cost effective to install and much easier to fit than a comparable ventilation system, plus needs little to no maintenance. “Installers will really appreciate the fact that unlike products such as wind-driven rotary ventilation systems, VENT-A-ROOF® doesn’t need any penetrations of the roof — this avoids leaks, maintenance issues and call-backs. It also means a faster install because there’s no

need for flashings,” he said. As with all Lysaght products, builders and installers can rest easy knowing that VENT-AROOF® has been developed for demanding Australian conditions and extensively tested here. The system is BAL and cyclone-rated, meets ‘Form 15’ compliance and is compliant with 2019 NCC ventilation requirements. For strength and durability, the external facing components of VENT-A-ROOF® are made from 0.4mm Next Generation ZINCALUME® steel and are also available in all COLORBOND® steel colours, making the system not only effective but providing perfect integration within the roof for a clean look. VENT-A-ROOF® is available nationally from all Lysaght branches or visit lysaght.com/vent-a-roof

Issue Three | July-September 2021 | MBA NSW

IN09 Inlay Mould

MAKING INTERIORS

r a l u c a t c e Sp

IN09 Inlay Mould CR99 Chair Rail

SK56 Skirting

Make your Interior Spectacular with finely crafted Intrim Timber Mouldings. Create feature wall panels, Wainscoting, Coffered ceilings or frame your doors and windows with stylish architraves and matching skirting. Available in a large range of designs, sizes, materials and finishes.

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LIAN OW RA D NE

AUS T

Get more inspiration from our website gallery, order free samples, request a quote or make an enquiry and let us help you create your dream home.

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intrimmouldings.com.au 1800 622 081

ADVERTISING FEATURE

THE PERFECT TIMBER MOULDINGS FOR QUALITY HOME BUILDERS

emand for designer choices in new home builds and renovations has never been higher with customers looking to emulate styles from their favourite social media house flippers, interior designers or TV show. This has been a challenge for many builders who find efficiencies in offering a relatively standard package, but are now looking to adapt their offering and ensure they are keeping pace with these trends and market demands. This is where Intrim Group are helping home builders with the Essentials range of skirting and architraves, in addition to the Intrim range of upgrade options to meet the demand for these stylish finishes. Providing their clients with a choice to create their own visual masterpiece in their new home’s interior with taller skirting, wider architraves and a profile design that enhances their chosen interior style. Taller and more decorative skirting boards along with wider architraves deliver an elegance and sense of luxury missing from standard trims. They also provide visual balance for rooms with taller ceilings, and create a welcoming entrance way to a house. Not only are customers looking for premium skirting and architraves, but they are also looking for wall & ceiling features such as VJ Board and decorative lining boards like Intrim’s new Cavetto Wall. Wainscoting, coffered ceilings and decorative timber moulding finishes on kitchens, feature walls and more are all on trend and in high demand. Timber mouldings have never been so popular and are a large feature of the hugely popular Hamptons style, through to modern, coastal, and country farmhouse. Customers are now demanding this level of finish and options in premium homes and are investing in bigger, bolder and more impactive timber mouldings. Intrim are supporting builders through selecting bespoke ranges for their unique project, providing marketing materials such as brochures, samples for their colour selection rooms and collaborative marketing initiatives and more. As an Australian-owned timber moulding specialist manufacturing locally, Intrim are able to lead the market for product design,

production, service and quality. Offering products in sizes that are designed for builders such as up to 5.4m lengths on VJ Board Pro to provide a no-joins finish. Investing in state-of-the-art machinery and processes means they can provide fast and high-quality timber mouldings to their clients nationwide. Intrim have displays and people on the ground in Sydney, Melbourne and Brisbane guarantee four days from order to dispatch for unprimed, and six days for primed profiles. “Our products are delivered on site when you need them, as we understand meeting your deadlines is of utmost importance” said Fred Quinsey, CEO & founder. A major game changer for builders is the recently launched exclusive Fast Trim, an idea developed by former chippy CEO Fred. “This revolutionary system of pre-scribed skirting and pre-mitred architraves save an additional 40%-55% of the fix out time. The quality is far superior for a machine scribe versus hand scribe. We understand time is money at the closing stages of the project,

and Fast Trim delivers significant labour and cost savings right when you need it.” Fred continued. It’s no wonder Fast Trim has sparked significant interest with home builders since its launch earlier in the year. There has never been a better time to explore the opportunities that Intrim timber mouldings provide — from the Essentials Collection to the Intrim Upgrade options for skirting, architraves, wall panelling, VJ and timber mouldings. To learn more visit intrimmouldings.com.au or call 1800 622 081. If you would like more information about this topic, please call Jenny Brown, Head of Marketing on 0414 882 982 or email jenny.brown@intrimgroup.com.au Intrim was founded in 1993 by the Quinsey family in Picton and has grown to become one of Australia’s leaders in finely crafted quality timber mouldings, skirting, architraves & handrails for residential homes and commercial buildings. Australian owned and operated, we are committed to manufacturing locally, supporting our local community through job creation and investing in state-of-the-art equipment and processes. Innovation, reducing environmental impact, helping customers make their interiors spectacular are what drives us. We love to share our customers projects using Intrim Mouldings on our website Gallery and Instagram, Facebook, LinkedIn . Find out more at www.intrimmouldings.com.au

Issue Three | July-September 2021 | MBA NSW

SHANDYING...

YOU WOULDN’T STAND FOR IT WITH YOUR BEER… SO WHY STAND FOR IT WITH YOUR STEEL?

Are you getting what you ordered? (and what you PAID for?) Does ALL of the steel you’re receiving comply with the right Standards? The problem of mixed supply (or as it’s more commonly known, ‘shandying’) can have serious consequences – even if you’re specifying construction steels to meet Australian and New Zealand Standards. Shandying can occur when conforming supply is ordered, but only a portion of the product supplied is sourced from ACRS Certified suppliers (and the rest is sourced from somewhere else). Using non ACRS Certified steel can leave you with non-compliant construction steel... and the risks that come with that. By providing effective continuous review of both the manufacturer and the fabricator/processor, ACRS 2-stage steel certification scheme and the new ACRS traceability scheme play a major role in reducing the risk of shandying on your project. Talk to us TODAY about how ACRS Certification gives you confidence in your steel supply.

www.steelcertification.com

Ph: (02) 9965 7216 | E: info@steelcertification.com ABN: 40 096 692 545

ACRS - Independent, Expert Third Party Certification & Verification of Reinforcing, Prestressing and Structural Steels for Compliance with Australian and New Zealand Standards

ADVERTISING FEATURE

COMPLIANCE MADE EASY Pre-qualification of ACRS steel makes compliance with AS/NZS Standards easy

he significant growth in major infrastructure and construction projects which has occurred over the past 18 months — together with the associated growth in demand for construction materials — have also resulted in an increased chance of inferior products and materials finding their way onto construction sites in place of materials which conform with the relevant Australian and New Zealand Standards. As such, matters relating to product conformity and certification of construction materials such as structural and reinforcing steels to Australian and New Zealand Standards is perhaps now more important than ever before. Ensuring that the steel being used throughout all stages of construction or fabrication conform with all relevant Australian and New Zealand Standards and Building Codes — irrespective of their country of origin — is paramount. After all, these Standards have been considered and developed to ensure that buildings and other structures are not only ‘fit for purpose’, but are also capable of meeting their design life requirements. Unfortunately, in this day and age, it’s simply not enough to think that just because steel has been ordered to an Australian or New Zealand Standard that the delivered product will automatically conform with that Standard and be fit for purpose. Increasingly, this is not the case. In fact, there are some instances where even though the materials have been specified and ordered to an Australian Standard, the materials that arrive are non-conforming. The product may meet the Standard; it may be supplied with documents for “an equivalent Standard” (but which Standard and is it really equivalent?) or it

may not meet any Standard at all. Importantly, whether this non-conformance is an intentional act of deception or ‘counterfeiting’ on behalf of the materials supplier, the builder or the contractor; or simply a matter of non-conformance through lack of correct process or an innocent misunderstanding of what constitutes conformance with Australian Standards, is effectively a moot point. Using non-conforming building materials carries a high risk of ‘built-in’ failure — and the results can be disastrous. Independent, expert, third-party certification The only way to be truly sure that the materials being used conform fully with the appropriate Australian and New Zealand Standards and are fit for purpose, is through independent, expert third party certification with ongoing validation. ACRS provides a fully independent, expert assessment and certification to AS/ NZS Standards for both Australian and internationally sourced construction steels, including reinforcing steels, structural steels and prestressing steels. ACRS steel is pre-qualified. The manufacturers and processors have already demonstrated compliance with the relevant Australian and New Zealand Standards. By using ACRS certified construction steels, builders and contractors can be confident that they are getting the AS/NZS compliant materials that they ordered, and engineers and building certifiers can be confident that the steel meets the requirements of the Building Codes and associated Standards and is fully traceable from the point of manufacture to the point of delivery. All ACRS certification personnel are fully-

qualified metallurgists and engineers with many years of direct experience in manufacture, processing, or design and construction of the steel materials they certify. In addition to factory production control audits and independent testing, the ACRS scheme provides regular review and analysis of all products manufactured and supplied by the certified supplier. All testing is observed and verified by independent NATA test laboratories, and all processes, including the use of traceability tags, are audited. The ACRS scheme operates as a verificationbased system modelled on international bestpractice standards. Where some certification systems might accept the suppliers’ own quality management systems certification and test reporting without further checking, ACRS doesn’t. ACRS assessors independently select the samples for testing during the audit to prevent any chance of “cherry picking” by the supplier. It then manages the subsequent verification process though independent qualified laboratories selected by ACRS, not the supplier. The process is further bolstered by ACRS conformity checking on the suppliers’ raw production data, which is undertaken every three months. ACRS certification makes checking for compliance with the relevant Australian and New Zealand Standards easy. It demonstrates independently and expertly that the supplier consistently meets the Standards stated on the certificate. For more information please email ACRS at: info@steelcertification.com or visit the website: www.steelcertification.com

Issue Three | July-September 2021 | MBA NSW

Leaders in Thermal & Architectural Building Solutions

BUILDING EASIER

ADVERTISING FEATURE

Higher NCC compliance levels Higher NCC compliance levels for building products took effect from 1st July 2021

hanges to the National Construction Code (NCC) 2019 Amendment 1 came into effect on 1st July 2021 which formalise the Performance Solution process.

Satisfy (DTS) Provisions, the scheme permits a CodeMarkTM Certificate to attest the compliance of a building product with relevant Performance Requirements of the BCA.

Using CodeMarkTM accredited products will save time in developing performance solutions for residential, commercial and industrial projects.

CodeMarkTM simplifies the Performance Solution process, as the Conformity Body who issued the certificate has undertaken analysis to demonstrate the products meets nominated Performance Requirements.

In general, the NCC sets out what is allowable and arguably more importantly what is not an allowable building practice. The introduction of A2.2(4) is one measure that will assist in ensuring higher levels of compliance with the NCC. The introduction of A2.2(4) is a way of formalising the Performance Solution process. It identifies the process and documentation required in order to develop Performance Solutions. The process demonstrates clear expectations, better information to end users and a greater auditing ability through improved record keeping and documentation. However, this stringency could be challenging given the increased level of documentation. One ready-made solution is CodeMarkTM. The CodeMarkTM Certification Scheme is a voluntary third-party certification scheme for building products that provides a method for verifying that a building product meets the nominated requirements of the Building Code of Australia (BCA). As well as allowing a certificate to attest compliance with relevant Deemed-to-

As a manufacturer of innovative building products, the Bondor® Metecno® Group gained its first CodeMarkTM Certificate in April 2013. Since then, the Group has witnessed an increasing demand for CodeMarkTM certified products, which provide the most stringent form of “Evidence of Suitability” under the BCA, and is top of the list for a possible hierarchy of evidence to be introduced in 2022. The process of obtaining and maintaining a CodeMarkTM certificate is not easy, nor can it be fast tracked. This reassures the building industry of the suppliers’ commitment to ensuring better compliance with Australian regulations. Bondor® Metecno® has 13 CodeMarkTM certificates for its products with each certificate covering several properties such as structural, fire, energy efficiency and weatherability. The process involves undertaking detailed technical reviews of: • Product technical information and specifications

• Product test results by accredited laboratories • Independent assessments or appraisals • The product’s scope of use, • Relevant BCA provisions to be covered. The certification process also involves regular and ongoing • Audits of the Manufacturing facility • Audits of any identified Critical Components • Installation and Construction Site Audits • Review of Technical Documentation & CodeMarkTM Certificate by an Unrestricted Building Certifier (UBC) • Suppliers Declarations, Technical Specifications & Supply Chain control • Regulatory oversight by ABCB & JAS-ANZ (The Joint Accreditation System of Australia and New Zealand). When a CodeMarkTM Certificate is used to demonstrate compliance with a Performance Requirement, a lot of the hard work has already been done. Using the right product with the right Code of Compliance (CoC) can save a massive amount of time in the process. Bondor® Metecno® have the largest CoC range covering insulated walling and roofing sandwich panels in residential and commercial and industrial applications. Find out more at http://bondor.com.au/codemark.

Issue Three | July-September 2021 | MBA NSW

Beautiful. Natural. Sustainable. Australian.

The new FABPREFAB Head Office with CLT supplied by Responsible Wood-certified XLam Australia

You can be assured that wood carrying the Responsible Wood mark has come from certiﬁed Australian forests that are sustainably managed to the highest global standards.

responsiblewood.org.au

BUILDING THE INDUSTRY

ADVERTISING FEATURE

XLam CLT: natural, healthy choice for pre-fab firm’s workplace environment MODULAR building company Fabprefab has decked out its NSW central coast warehouse with XLam’s Responsible Wood-certified Cross Laminated Timber (CLT) product to form the structural material of the floor, walls, and roof – all while using it to provide a mezzanine level for the building.

abprefab’s building product choice reflects the value of XLam CLT application and the increased demand to build using sustainably-sourced solutions. Locally grown and manufactured, the timber meets the Australian standard for Sustainable Forest Management, a prerequisite for Responsible Wood certification. XLam Australia’s technical sales engineer for NSW Sean Bull explains the advantage of certification: “XLam Australia has implemented Responsible Wood chain-of-custody certification to support responsible and sustainable forest management in Australia. This includes ensuring that all XLam Australia manufacturing sites are chain-of-custody certified, meaning that all certified products from these sites can be traced from renewable pine plantation through to distribution.” Fabprefab assembles modules and fitout at its Somersby warehouse using XLam CLT as the structural material for floors, walls and roofs. “To create a comfortable and sustainable office that reflects the materials and values we use in our prefabrication business we wanted a sustainable product that creates a healthy environment so CLT was the natural choice,” Fabprefab construction manager Ed Callanan said. Sean Bull talks with Fabprefab about the project. XLam: Why did you choose XLam CLT to build the office areas? Fabprefab: To create a comfortable and sustainable office that reflects the materials and values we use in our prefabrication

business. CLT is a very sustainable product that creates a healthy workplace environment. The speed in which CLT can be assembled provides increased efficiencies of production, ensuring we meet client demand in an improved timeframe compared to conventional construction methods.

Designed by Trias Architect, Fabprefab decked out its NSW central coast warehouse with XLam’s Responsible Wood-certified Cross Laminated Timber (CLT) product to form the structural material of the floor, walls, and roof.

XLam: Utilising XLam CLT, how fast was the office construction and fitout? Fabprefab: With the ability of XLam to provide large format, full-height CTL panels in ground and first-floor CLT installation along with associated structural steel, three people to finish the job in one day day. The flat and consistent CLT surface allowed for a very simple fitout, which was completed within two weeks. XLam: What is the feedback from the workers in the space? Fabprefab: Everyone loves the new healthy environment saying they enjoy the space, the look, the smell and the feel of CLT. XLam: What other advantages has the use of XLam CLT provided? Fabprefab: Our clients are able to experience a ‘mass timber space’ – a ‘first’ for many of them – who reacted extremely positively. CLT offcuts were repurposed and have been used to make the office furniture, including upholstered couches, coffee hub and boardroom table. • XLam and Fabprefab would like to credit contributions from others involved with the project: Trias Architects; Cook and Rose Engineers; and Clinton Weaver, photographer.

XLam Australia manufacturing sites are Responsible Wood certified, meaning that all certified products from these sites can be traced from renewable Australian pine plantation through to distribution

Issue Three | July-September 2021 | MBA NSW

MBA CAR BUYING SERVICE HUGE SAVINGS IN TIME AND EFFORT

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ADVERTISING FEATURE

SRIA members make Australia’s building industry trustworthy, safe and sustainable

he Steel Reinforcement Institute of Australia supports reinforcing steel quality and capability in Australia’s building and construction industry. We provide technical support and advice to Engineers, Designers, Builders, Suppliers and Students interested in understanding the benefits and applications of reinforcing steel in concrete. Our nine processor members, Active Steel, ARC, AUSREO, BESTBAR, Bianco Reinforcing, InfraBuild, Mesh & Bar, Neumann Steel and Wire Industries, reduce your risk by supplying REO with these benefits: Quality Guaranteed • JAS-ANZ accredited 3rd Party Processor Certificates to guarantee their just-in time processed bar and mesh supply conforms to AS/NZS 4671, AS 3600, and AS 5100.5. Experience • All members have over 20 years’ experience and cumulatively draw on 330 years of industry knowledge. Australian Manufacturing and Jobs • Employ 4,500 Australians who take pride in their workmanship. Safety Leadership • Safe truck loading and unloading procedures adopted by all members through National Safety Group initiatives. Digital Engineering and Automation

The material of choice for our Built Environment Reinforced concrete is typically known for its cost efficiency and speed of construction. But it is these proven added benefits that make it Australia’s preferred method of construction. Durable • Reinforced concrete structures are proven to last. For example, Australia’s first reinforced concrete structure, Johnstons Creek Sewer Aqueduct, stands strong today, 126 years after it was built and with minimal maintenance over the years. Safe • It is the safest building material because it is non-combustible, which is a primary driver for its adoption and development in Australia. Versatile • Designers have freedom to create architecturally expressive, warm, open, monolithic structures and shapes. Sustainable • Steel reinforcement has 96% recycled steel content through electric arc furnace and 72% including basic oxygen steelmaking. • Because of reinforced concrete’s durability, many older reinforced concrete structures can be repurposed, avoiding the need for unsustainable replacement.

• Continuous technological innovation, including 3D CAD steel detailing and automated manufacturing equipment to reduce waste.

SCAN THE QR CODE TO WATCH:

Benefits of SRIA Membership

Benefits of Reinforced Concrete

Learn how 4,500 Australians contribute to a safe and quality certified supply chain.

Discover why reinforced concrete is the material of choice for Australia’s built environment.

Duration: 4 minutes

Duration: 3.5 minutes Issue Three | July-September 2021 | MBA NSW

AWARDS / EVENTS

Looking forward to our prestigious 2021 Excellence in Housing & Pool Awards — delayed but not forgotten — ~ HERE’S A SNEEK PEAK ~

MEET OUR 2021 YOUNG BUILDER OF THE YEAR NOMINATIONS – Celebrating the Future of our Industry The MBA is pleased to present this year’s Young Builder’s. The Young Builder of the year award was established to encourage and acknowledge the next generation of builders entering the industry. The judges have been most impressed with the Young Builder nominations this year and are blown away with the exceptional quality of building. Check out our awards Instagram: https://www.instagram.com/mbaawardsnsw/

MBA NSW | Issue Three | July-September 2021

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Allcastle Homes

Beechwood Homes Issue Three | July-September 2021 | MBA NSW

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Better Built Homes

Contemporary Homes

MBA NSW | Issue Three | July-September 2021

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Eagle Homes

Eden Brae Homes Issue Three | July-September 2021 | MBA NSW

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Fairmont Homes NSW

Firstyle Homes

admin@grates2go.com.au

www.grates2go.com.au 66

MBA NSW | Issue Three | July-September 2021

Office: 02 4571 1530

ARANTEED

Custom Manufactured Solid Brass Drainage Channel

YEARS

ARANTEED

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Fowler Homes

Hall & Hart Homes Issue Three | July-September 2021 | MBA NSW

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Marksman Homes

Terefil® Used to Fill Redundant Stormwater Pipe Underneath Home When a local council was upgrading its ageing stormwater network, a reinforced concrete pipe was found to be running directly underneath a residential property. The pipe beneath the home was 40m long x 375mm wide. As it was impossible to remove the pipe without demolishing the home, the pipe needed to be filled with a structural fill material before being abandoned to prevent future issues from occurring. Mainmark commenced the project, working closely with council to arrange the necessary preliminary requirements such as securing the pipe end plates and installing breathers and injection fittings, before decommissioning the 40m stormwater pipe. Mainmark injected approximately 5m3 of Terefil, a proprietary lightweight cementitious grout, into the section of pipe that was to be abandoned.

MBA NSW | Issue Three | July-September 2021

Terefil is a highly flowable polymer modified cementitious grout that can be easily pumped over very long distances, making it an ideal solution for this site. The use of Terefil allowed the council to complete the pipe abandonment work without the need for expensive excavation or creating any disruption to the homeowner. The project was successfully completed in a single day and within budget, to the council’s completed satisfaction.

For an obligation free, expert opinion contact us

1800 623 312 www.mainmark.com Mainmark Ground Engineering Pty Ltd NSW Building Licence No. 288848C

Scan to learn more about Terefil

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

Masterton Homes

Modernview Homes Issue Three | July-September 2021 | MBA NSW

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards DISPLAY HOMES For your viewing pleasure for what’s coming up, here is a selection of DISPLAY HOMES showcasing the superb quality of submissions this year.

McDonald Jones

MOJO Homes

Thrive Homes

Tempo Living

MBA NSW | Issue Three | July-September 2021

AWARDS / EVENTS

2021 Excellence in Housing & Pool Awards ADAPTIVE RE-USE Nominations For your viewing pleasure for what’s coming up, here’s a selection showcasing the superb quality of submissions for this category. Burmah Constructions: before & after

Traders in Purple: before & after

SQ Projects: before & after

Jackel Constructions: before & after

Issue Three | July-September 2021 | MBA NSW

WHAT’S NEW

GOT A NEW OR INNOVATIVE PRODUCT OR SERVICE?

PROMOTE IT HERE. Phone Lauren for more information (07) 4690 9360 0408 507 809 lauren.alsemgeest@news.com.au

MBA NSW | Issue Three | July-September 2021

DIARY DATES

AGM

Diary Dates

NOTICE OF ANNUAL GENERAL MEETING FOR 2021

Revised Dates for the 2021 CPD Series! Tuesday, 14th December 2021 @ 3.00PM Agenda Please visit mbansw.asn.au/ cpdseries for more information. 1.0 Attendance and Apologies

Due to the continuing uncertainty around social gatherings, dates and venues may be subject to change.

2.0 Minutes of Previous Meeting (8 December 2020) 3.0 President’s Report 4.0 Presentation of MBA/NSW Audited Accounts 2020/21 5.0 General business

6.0

Close of Annual General Meeting

Due to current COVID restrictions, the 2021 AGM will be live streamed. A watch online link will be sent to all members.

CPD Seminars Port Macquarie Liverpool Manly Rosehill

Tuesday 26 October Wednesday 3 November Wednesday 17 November Wednesday 1 December

2021 2021 2021 2021

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• GC21 Cooperative based Contracting (Versions: NSW, ACT, SA, Bespoke) • MW21 Minor Works Contract Management • Conflict Resolution • Alternative Dispute Resolution • Project Startup: Workshops & Meetings

CPD POINTS NSW BUILDERS LICENSE

CONSTRUCTIVITY Consultancy Training Facilitation Solutions for the Construction Sector

www.constructivity.com.au training@constructivity.com.au m: 0409 368 180

Issue Three | July-September 2021 | MBA NSW

ADVERTISING DIRECTORY

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MBA NSW | Issue Three | July-September 2021

ADVERTISING DIRECTORY

Our 21 metre crane trucks get you your building or landscape supplies, when you need it, where you need it! Brookvale & Taren Point I www.bcsands.com.au

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Issue Three | July-September 2021 | MBA NSW

Two easy ways to certify reinforcing steel on site

Around 140,000 tonnes of steel reinforcement is supplied in our

METHOD ONE

Check if the steel was supplied by an SRIA processor member

market each year from unknown

All 9 SRIA processor members hold current

origins. If ‘uncertified’ steel is

JAS-ANZ accredited 3rd Party Processor

supplied on one of your projects

Certificates (ACRS) proving their bar and mesh conforms to AS/NZS 4671, AS 3600, and AS 5100.5.

then there is a high risk the reinforced concrete element may not perform. Even though design drawings might specify AS/NZS

METHOD TWO

Ask for a 3rd Party Processor Certificate BEFORE the concrete is placed

4671 Steel for the reinforcement

If the steel was supplied by a non-SRIA member,

of concrete, it’s difficult to prove

then ask the concreter to provide you with the

conformance once the steel is

supplier’s JAS-ANZ accredited 3rd Party Processor

fixed and the concrete is placed.

Certificate to ensure product conformance.

SCAN H ERE

DON’T TAKE THE RISK OF USING NON-CONFORMING STEEL REINFORCEMENT

Scan the QR Code to see if your REO supplier is an SRIA member

sria.com.au/3rd-party-certificates

Master Builder NSW July - September 2021

Articles inside

Modern Slavery

A Good News Story

Superannuation changes

Hire More Women