February / March 2012
The official magazine of Certified Builders Association of New Zealand Inc
CBANZ welcomes new Chief Executive Officer – Pg 5 Licensing: Site works v RBW and On site records – Pgs 8, 9 Building strengthening – Pg 22
INHOUSE Activity approved by the Registrar
Do you have to provide employee protective clothing? – Pg 36
New CBANZ website now live
As part of our CBANZ rebranding we have upgraded and revamped our website to reflect the new professional era. The new look and content make it clear what it means to be a Certified Builder and why the public can have confidence in our brand.
Easier for the public to understand and locate a Certified builder Improved search functions Updated, modern look
Reorganised to reflect the changing environment for the building industry in New Zealand. 2
Contents ToolTube – the CBANZ video channel
Pg 4
Meet our new Chief Executive Officer
pg 5
CBANZ Membership health check
pg 6,7
Licensing - Site works v RBW
pg 8
Licensing - Onsite records
pg 9
Make sure your documents say the same thing pg 12,13 – Geoff Hardy CBANZ Conference 2012
Pg 14
Licensing Roadshow
Pg 15
Guarantees and Insurances
pg 16,17
CBANZ founder shows Scottish hospitality
pg 18,19
ITaB news
pg 20,21
Building strengthening – PWC
pg 22
CBANZ merchandise
Pg 23
Campaign to prevent falls from height
Message from the Chairman Happy New Year to you all. The weather over Christmas for some was not good, but to have a break and enjoy family and friends made up for it. For those who missed the announcement in the last issue of inhouse we have appointed Mr Grant Florence as our Chief Executive Officer who took up the role on 5th December 2011. Grant brings a wealth of knowledge to this role and we all look forward to working with him. The economy is still very tight and will remain so for some time. Keep following leads, those putting in the extra effort will get the rewards.
pg 24,25
Helplines
pg 26
Licensed? Show it!
pg 29
IRD changes you need to know for April 2012
pg 30
Hunting & Fishing giveaway
pg 31
Get your own website – CBANZ can help
pg 32
Finding out about home performance
pg 34,35
Q&A The Law at Work – E2Law
pg 36,37
ON THE COVER CBANZ chairman Allan Shaw (right) welcomes new Chief Executive Officer Grant Florence to the Association.
The March 1st 2012 deadline, when the Licensed Building Practitioners (LBP) scheme comes into place, is close. By now you should all have a licence for those areas you will be working in. A Residential Building Consent stamped from 1st March 2012 will operate under the LBP scheme. Building Consents prior to this date will operate as per the current scheme. If you require a better understanding or need clarification go to the website www.dbh.govt.nz – all the information is there. Working outside the rules after 1st March 2012 will get you in hot water. It is great to see the LBP scheme coming in and for the consumer it is the start of having their home built by professional builders. To our members in Christchurch, the last thing you wanted at Christmas was another sizable earthquake. The workload is going to be large, but be cautious on contractual matters and insurance. Seek sound advice. To our Nelson members we are here with help and support. Contact Richard Merrifield.
Contact CBANZ
®
Farming House 102 - 104 Spring Street PO Box 13405, Tauranga Central, Tauranga 3141 Telephone 07 927 7720 Freephone 0800 CERTIFIED Facsimile 07 927 7721 Email editor@certified.co.nz Web www.certified.co.nz
The 14th CBANZ Conference is on 18th-19th May, so arrange your trip now. Come and meet our CEO and see a bit of Wellington. Allan Shaw, Chairman Board of Directors
3
ToolTube - the CBANZ Video Channel bringing business education into your home
Now available to gold card members, enter this link into your address bar/URL http://www.certified.co.nz/index.php/pi_pageid/199 and watch the first of several educational videos that we will be bringing you to make your lives easier. The video will be no more than 10 minutes long and not full of jargon. • The first will step you through filling out your licensing application through the qualified streamlined process. • The second video demonstrates the non qualified process for the site licence. • In the third video Jason McClintock gives an overview of life with licensing, preparing yourself for when the assessor calls and why you may wish to consider a site licence. CBANZ will keep you informed when more ToolTube become available.
4
association
news
Meet our new CBANZ Chief Executive Officer
Grant Florence Firstly a Happy New Year and I hope
Stay protected and cool this summer!
all our members had an enjoyable and restful Christmas break and
Grab a Certified Builders branded
were able to spend some time with
High Vis Polo – $30 each
family and friends.
• Lime and Navy colouring, • 100% polyester, • Great sun protection and
I am excited to have the opportunity to join the Certified Builders family and look forward to working with
vents to keep you cool in the
all our members and the team at
summer heat!
• Easy care and quick dry, • Comes with the CBANZ Logo
National Support Office. There are both exciting and
screenprinted on the chest
challenging times ahead for us all.
• Pocket reinforced with pen insert
A bit of background about me. Over the past two years I have
Call or email Millie T at
been chief executive of a member-
National Support Office
based not-for-profit organisation
ph 0800 237 843 ext 708 or
in the rescue/service sector. Prior to
email: millie.t@certified.co.nz
that I was involved in the building industry for over 20 years – initially in various senior leadership positions for a large home building company and subsequently owning my own company focusing on internet technology in the building sector. I have always enjoyed the building industry and, having been involved for a few years, have experienced many of the cycles the industry seems to go through. My attraction to the building industry is of course the people involved and also the fact that it is an industry that has
unique and pretty cool, especially since we as a nation treasure home ownership and our own personal homes. Over the next few months I hope to meet as many of you as possible (including at our Annual Conference in May 2012) and look forward to working with you all in the future.
a direct influence on how New
– Grant Florence
Zealanders live. This is, I think, fairly
Chief Executive Officer, CBANZ
5 5
Membership Health Check Certified Builders Association has a two step membership process:
Gold Card: • •
GC1 On wages or salary GC2 No longer actively building
This is a kindly reminder of your obligations as a member of the Certified Builders Association of New Zealand – whether you hold a Gold Card or Platinum Card.
These Gold Card categories have
House Inspections:
A sole Gold Card holder cannot invoice
•
GC3 Labour only to another builder
limited access to membership benefits, recognising you as a Trade Qualified Individual, not operating a business.
CBANZ does not permit the use of its
the public as the Association promotes
name or logo to be used in association
that all its members can offer the
with any house inspections.
Homefirst Guarantee, contracts and support tools as offered by the
Certified Builders Association. If you are found doing so you could be in breach of the Fair Trading Act and find yourself in hot water. The Association may also take action against you. There are no excuses for this, as every Gold Card holder has signed an acknowledgement of this requirement. If you wish to invoice the public you are expected to move up to the Platinum membership. If you find you may struggle to meet the required competency please ring Jason at National Support Office 0800 237 843 to discuss your circumstances.
Some insurance companies are asking for members to do earthquake assessments within the Canterbury Region, this is considered an assessment for damage purposes only under the condition of the engaged insurance company and not a pre purchase inspection. Please contact Jason in National Support Office to clarify terms, conditions and liability exposure associated with this.
Membership fees increase: You may recall that a motion was tabled at the Certified Builders Association of New Zealand Board meeting on 10 June 2011 regarding an increase in membership fees. This motion was passed by the Board and confirmed by members at the CBANZ AGM on 11 June 2011. Accordingly the membership subscription increases as set out on the page opposite has been adopted for 2012. These decisions by both the Board of Directors and at the AGM represent a small increase (for example $5 per year for a Gold Card Member) that is generally in line with inflation and will be held current for one year. We note there will be no increase on the Advertising Levy. – Jason McClintock, Operations Manager
6
Platinum Card:
and conduct their businesses on a
This allows you to promote yourself as
professional level.
a Certified Builder and have full access to the tools and benefits the Association
If you are finding things tough right
offers. Using the brand comes with
now rather than resigning membership
responsibility of conducting your
we do have a facility whereby you can
business activities to the highest level;
put your membership on hold for up to
this is consistent with our branding
a year. However at this point you lose all
refresh of good builder to great builder.
rights to membership and must remove
When a member steps below this
all branding. Failure to do so will result
mark it reflects on fellow members
in the Association taking legal action
who are passionate about their work
against this blatant breach of conditions.
CBANZ MEMBERSHIP FEES
– effective 1 January 2012
INDIVIDUAL MEMBERSHIP – Gold Card
(All prices GST inclusive)
Certified Carpenter – Wage & Salary – Actively Building Certified Carpenter – No Longer Actively Building Certified Carpenter – Labour Only or Contract – Actively Building (Not invoicing general public)
BUSINESS MEMBERSHIP – Platinum Card (incorporating Gold Card Membership) NOTE: A one-off joining fee of $100.00 applies to all Business Membership applications INCLUDES GOLD CARD MEMBERSHIP FEE (All prices inc GST) If your business turnover is under $75,000 If your business turnover is between $75,000 and $500,000 If your business turnover is between $500,000 and $1 million If your business turnover is between $1 million and $2 million If your business turnover is over $2 million If the owner or one of the owners of the Business is also the Gold Card holder then these subscriptions will apply.
ADVERTISING LEVY – Business Membership
Certified Builders Association of NZ Inc
Order now!
2012 Diaries
Stock running out
All Platinum (business) members will receive one FREE copy of the CBANZ® Diary. You are able to purchase further copies for your staff etc. Gold Card holders can also purchase a CBANZ® Diary. EXTRA DIARIES WILL COST
$15 inc GST and freight Please email Millie T to place your order millie.t@certified.co.nz or order online in the merchandise section
7
From the desk at Operations
Licensing
Site works vs RBW
By Jason McClintock Operations Manager Licensed Building Practitioner
All the trades involved within restricted
are happy to sign off and who will have
work will either need to be done or
to follow another path for compliance.
supervised by a Licensed Building
By doing so at this early stage means
Practitioner [LBP]. Not all of these trades
you will have all documents for CCC, non
will qualify for a licence and so some
compliance and CCC might be held up,
grey areas will need to be addressed. I’ll
costing you time and money.
demonstrate this through the example of construction to floor pour. RBW in this case involves structural integrity – the ability to resist vertical and horizontal loads and sub floor moisture management. The following trades may be involved...[includes but not limited to]
This supervisory work should not be a freebee, with it comes accountability and delivery of value. Under the definition of supervising you have to have a level of competency and be sure the works are carried out in accordance with the approved plans. You are now delivering
• Building set out
another service to your sub trades or non
• Footing excavations
licence holders.
• Steel placement • Waterproofing sub floor • Placement of engineered systems • Block work • Grout placement • Concrete placement • Pre-fabricated placement
Community of Craftsmen: Under the scope of RBW, here is a list of other trades who might require supervision under the Carpentry licence. [Includes but not limited to] • Footing/critical work set out
Of these trades how many can be done by someone that holds a carpentry
In the last issue of inhouse we looked at the definition of Restricted Building Work [RBW], supervising and the elements within residential construction that will affect your site operations. Check out the RBW road show in your area on pg 15.
In this article we will take RBW a step further and look at how this will affect you and your Community of Craftsmen on site.
8
licence or a block layers licence? The other trades fall within RBW but may not qualify for a carpentry licence e.g. concrete placers. While the Department of Building and Housing (DBH) would like the carpentry licence to supervise and sign off a memorandum demonstrating this, there might be situations where the carpentry licence holder may not wish to take this on board.
[surveying] • Footing excavations • On site structural steel fabrication/ placement • Concrete placing • Grout placement • Specialist cladding install • Window install [installed by others] • Frame erection [install by others] • Truss/rafter [install by others] • Site glazing • Garage door install • Fascia install
Unfortunately under the current Act
• Pre fabricated components [install]
there is no provision for any other means
• Skylights [install by others]
of sign off. However the carpentry
• Exterior painting
holder may request a producer statement
• Downpipes [install by specialist
from the non LBP eg concrete placer.
Site Booklet - LBP (see pg 9):
trade] • Bracing, diaphragm plaster board • Aerial install [envelop penetrations]
My suggestion is to follow the stepped guidance with this booklet to identify
CBANZ will keep you up to date on
the trades that will require supervision
changes and amendments through
and meet with them early in the
inhouse, the CBANZ website and the Site
programming phase to discuss who you
Booklet – LBP.
Onsite - Records This is when the rubber hits the road – with licensing, that is, just how it affects you on site.
document to assist practitioners on site.
Once we get a grip on licensing the site record booklet will shift to Building Act,
It is a “tick the box” method of
Construction Contracts Act compliance.
compliance so you can get on with the next job rather than spending time
Look out for the best practice tips for
chasing the paperwork required.
helpful hints. The first issue will be
In conjunction with the CBANZ national
available end of February followed by a
road show (see pg 15) currently rolling
This is a live document and will change
simplified version you can use to capture
out on Restricted Building Work, the
as the licensing system, Building Act and
compliance of your sub trades involved
Association has developed a guidance
direction from the DBH come to hand.
with LBP.
Tick the box:
• On the front cover you enter your LBP details, job and clients.
• One site booklet for each site currently on the go • Clarification on Restricted Building Work is given so you can establish
about advising of this
• Your local Council [BCA] is also
your Site Record booklet phone Jason
record will guide you through the
McClintock at National Support Office.
requirements. • Memoranda will need to be provided; timing of these will
current project
depend on your scope of work. The site guide will template these
Supervision is made clear with
requirements, with examples.
Restricted Building Work
Advice on who/when these need to
• Elements of work you might
If you require assistance filling in
getting its systems in line, your site
what areas of LBP will affect your • The term and expectation of
Card and Platinum Membership.
be supplied is given.
encounter but had not considered as part of Restricted Building Work • A schedule of trades involved with Restricted Building work is
You now have a complete record of LBP requirements for each site to store on file or cloud.
provided, not all of these will have a licence, some method of sign-off
To cover printing and postage there is
has to be considered and the timing
a fee of $10 for a pack of 5, each LBP
of this is important. Our site guide
on site will be required to supply a
will step you through this
memorandum for each project, either for
• The Homeowner has certain
doing RBW or supervising RBW.
obligations within the scheme, we provide suggestions on how to go
These site packs are available to Gold
9 9
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1
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Geoff Hardy is a specialist commercial lawyer in Auckland and also a member of the CBANZ Board.
Make sure all your contract documents say the same thing
Contact Geoff on 09 379 0700 geoff@madisonhardy.com. In some projects you provide additional
The building contract will generally be
documents, such as the completed tender
the one document that is clear, consistent
documents (if it’s a tender), the plans
and unambiguous, because it has been
and specifications (if it’s a design & build
written by specialist lawyers and has been
project), performance bonds, insurance
refined over the years with the benefit
policies, health & safety plans, and (if it is
of experience. If instead you use a home-
your responsibility) the code compliance
made one that you inherited from your
certificate. And once the Building Act
father’s business, or one that you have
is amended later this year, you will also
cobbled together over time based on trial
have to hand over various disclosure
and error, then it is going to put you at a
statements, checklists, and maintenance
significant disadvantage, for these three
manuals as well.
reasons:
The message I want to get across is the
What written documents do you typically give to your customer? The most common ones are your business card, promotional brochures, testimonials, your website, your quote or cost estimate, the letters, e-mails or faxes you send to your customer, the signed building contract, the Homefirst guarantee application, the building consent application, your invoices, payment claims and statements of account, records of any variations from the agreed scope of works, your producer statements, and the certificate of practical completion.
12
1. 2.
importance of making sure that your documents don’t all say different things or contradict each other. Why? Because
You always get what you pay for. It won’t have kept pace with the radical changes to the law that have
3.
occurred recently. It relies on the popular
they are all part of your contract with
misconception that short and simple
your customer, and you don’t want a
is best. It is best, but only for your
contract that is riddled with uncertainty.
customer’s lawyer. Because he or she can drive a truck through it. The
You only need to fall back on the
more words your building contract
contract when some disagreement arises,
has in it, the greater clarity it will
but that happens all too frequently these
provide when unexpected situations
days. And if you do need to resort to the
develop, and the less wriggle room it
contract to resolve the disagreement,
will allow for your opponents.
you want to make sure that it is clear and unambiguous. Why? Because any
However, bear in mind that the standard
confusion or ambiguity allows your
building contracts use “one-size-fits-all”
customer to argue for the interpretation
wording. Sometimes the project will
that suits them best, and it costs you
have special features that the standard
three times as much in legal fees to find
wording doesn’t cater for. For example
out what the answer is. Whereas if your
the client might be a bad credit risk (a
documents had been clear, consistent and
known “difficult” client or one based
unambiguous, there would have been no
overseas) so you need extra payment
room for argument, and you would have
protection. Or the job might involve
the upper hand.
remediation of a leaky building, in which case you need to carefully define
what you will and won’t be liable for.
in your quote or invoices, then at least
standard documentation to ensure their
Or you might be taking over someone
make sure that they mirror what the
terms of trade, certificates, warranties
else’s project half-way through, or only
formal building contract says.
or guarantees are consistent with them.
building up to a defined stage of (partial)
So what you end up with is one
completion. In all those cases you need
Some pro-active builders have additional
set of rules or promises in one set of
professional help to modify the wording
documents that they use either for
documents, and a completely different
of the building contract – otherwise
their own protection, or as a marketing
set in the other. A bit like the English
you will have one document saying one
gimmick. These may take the form of
and Maori versions of the Treaty of
thing, and another document saying
special “terms of trade” that a debt
Waitangi. The result? Confusion, expense,
another.
collector or management consultant has
delay, weakness, and a field day for your
persuaded them are an essential tool
customer’s lawyer.
It is very common for builders’ quotes or
for getting paid. Or they may have been
their invoices to contain a lot of payment
persuaded by marketing gurus to offer
I applaud the builders who try innovative
terms or other contractual provisions
certificates, warranties or guarantees
approaches to differentiate themselves
limiting their liability or giving them
that purport to give their customer some
from their competitors. But I applaud
extra protection. These provisions cover
additional rights or extra protection.
even more, those that take the trouble to ensure that all of their documents
the same ground that the building contract does, but they often say
All of these add-ons have some
are singing off the same song sheet, and
opposite things. This won’t achieve the
usefulness, but they can also come back
preaching the same message.
desired objective, and instead will just
to bite you. You can bet that the debt
introduce inconsistency and confusion,
collector, management consultant or
and therefore extra cost. If you must
marketing guru hasn’t been through
summarise your important terms of trade
your building contracts and other
DISCLAIMER: This article is not intended to be relied upon as legal advice.
13
Licensing hits the road ... The Certified Builders, Department of Building and Housing & Winstone Wallboards Road Show is under way – look for it in your area!
Restricted Building Work Seminars • Defining the RBW and how it will implicate on Licensing • Writing Memoranda: when and who does this go forward to These and other critical areas will be covered. Below is a list of all the dates and towns we will be presenting at over the coming seven weeks. 20th February Blenheim @ ITM
8th March Rotorua @ Waiariki IT
21st February Wellington @ PlaceMakers
12th March Auckland @ Mitre10 Mega Albany
22nd February Masterton @ ITM
13th March Auckland @ Mitre10 Mega Mt Wellington
27th February Palmerston North @ UCOL
14th March Auckland @ UNITEC Mount Albert
28th February New Plymouth @ New Plymouth
15th March Auckland @ Carters Papakura
Sport Fishing Club
19th March Kaitaia @ Northtec
29th February Taupo @ Taupo Cosmopolitan Club
20th March Kerikeri @ Carters
1st March Napier @ EIT
21st March Whangarei @ Northtec
5th March Gisborne @ ITM
22nd March Whitianga @ PlaceMakers
6th March Whakatane @ RSA
29th March Tauranga @ BOP Polytechnic
7th March Hamilton @ WINTEC All of these events start at 5.30pm exception Wellington where there is a 6pm start.
15
16
GUARANTEES & INSURANCES Statutory Liability Insurance This insurance policy provides protection to businesses for: • Defence costs associated with alleged breaches of the Building Act, Consumer Guarantees Act, Fair Trading Act, Privacy Act and most other statutes affecting commercial activities. The notable exceptions are police prosecutions and taxation legislation. • The costs of representation at an investigation or inquiry. • Any fine or cash penalty payable by the insured following conviction for an offence under the insured statutes, except under the Health & Safety in Employment Act, (as it is illegal to be able to insure for fines and penalties under this Act)
Contract Works Public Liability Errors & Omissions (E&O) Statutory & Employers Liability Tools
Public Liability insurance does not cover these, and you should seriously consider this liability cover. Give us a call to discuss if this will help you.
Vehicle House and Contents Boat Life / Income / Medical
TOOLS EXPLAINED: BELT SANDER: An electric sanding tool commonly used to convert minor touch-up jobs into major refinishing jobs.
If you would like to discuss any of these covers or get quotes, please phone us on 0800 237 843
PAPERWORK We’d like to take this opportunity to welcome new members to Certified Builders Association of NZ Inc. and thank members for your continued support of the Homefirst Builders Guarantee. We know some of you require our assistance in getting yet more paperwork done and we are only a phone call away if you have any queries. Everything you need is contained in the Guarantee booklet, and the best time to complete the Guarantee application is when you are completing the Building Contract with your client. All you need to do with your client is: • include the fee for the Guarantee as part of your quote • complete the application form Send the application form and supporting documents to us, and as long as it meets the Underwriters requirements, we will accept and your client will receive their Guarantee certificate.
Homefirst Builders Guarantee Carpentry Labour Only Guarantee Commercial Defects Guarantee Kitset Guarantee Watertight (Reclad) Warranty Subcontractors Payment Guarantee
… and as the saying goes “The first time is always the worst.” If you have any question please phone Kim or Keryl on 0800 237 843.
17 17
CBANZ founder shows
NEW
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CBANZ founder Craig Wilkinson had heard through the grapevine that some CBANZ members were heading to the UK on their OE and they were hoping to find some work over there. Craig has been living in Scotland for the past few years working on an estate with his wife Sheryl. The travellers were Sam Fielden and a couple of his friends. Craig had known Sam for some years – he is Craig’s brother in-law Grant Fielden’s nephew. He also new Sam had served his time with CBANZ member Howard Harnett Builders in Whangarei so he jumped at the chance to offer them work on the estate where he now works in Scotland The job they were coming over for was to convert a
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bit and they were to start a loft conversion on the main
was able to offer them 3 to 4 months work. When they arrived in Scotland the work situation had changed a house which I think was a bit of a shock to the system as they were covered in 200 year old dust every day and
WHERE STYLE MEETS DURABILITY
pulling down 900mm thick stone walls, says Craig. Since then Sam and Michael (aka Cheese) Pilkington
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have added a bedroom and kitchen to the shooting cottage, built a shepherd’s hut, tried shooting driven pheasants, travelled a bit around Europe and have just started on the job they came over for – only 8 months after they arrived in May 2011. The third person of the trio Michelle Boyce-Bacon has found work in Edinburgh so they seemed to be settled in quite well. We had a great Christmas together but sadly could not supply them with the White Christmas we had the previous two years.
Michael and Sam at a trade shout - Scottish style!
travelling Kiwi builders some Scottish hospitality
ABOVE: Kiwis still know how to celebrate being together at Christmas - even in Scotland. RIGHT: Sam with his impressive contribution to the festive meal - apple pie – yes, builders can make anything!
ABOUT THE TRAVELLERS: Sam Fielden and Michael Pilkington (a.k.a Cheese) both served their time at Harnett Building Co. working on high end projects. One project in Waipu tested Sam as foreman to his best. Michael being his right hand man stood up to the plate in support. There were a couple of things that tested their patience (architect) and a wee mishap. The client's wife was looking through the project one day and being awestruck at the work took a step backwards and fell into the water feature. Sam Fielden, Michelle Boyce-Bacon and Michael Pilkington take a break in Edinburgh.
These boys are now doing very well in Edinburgh and we wish them well. – Howard Harnett, HE HARNETT BUILDING CO LTD
ABOVE: Michael, Daniel the spaniel, Craig, Sam and Robin the plumber on a shoot at Rosebery Estate. RIGHT: Sam and Michael’s first job on the estate in Scotland is a loft conversion.
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Credit where credit’s due ... Acknowledging our ITaB expertise ITaB aims to address the acknowledged decline in the skill base within New Zealand building and construction industry and combine the best of the current framework of a competency-
Completion Certificates
Congratulating our new graduates
based training programme with the practicial on-the-job training that existed before 1992. Our ITaB programme is available throughout New Zealand, it may be longer than other apprenticeships but gives the apprentice a better range of skills to complete a competent job. It’s superior training in all respects. We would like to acknowledge the commitment of those providers and tutors.
Lucas Coburn CPIT James Young CPIT Tim Ward NMIT
Robin Storey 0272 558 952 rstorey@northtec.ac.nz Unitec (Auckland) lfifita@unitec.ac.nz
MIT (Manukau) Rex Harrison 0275 687 284 rex.harrison@manukau.ac.nz WINTEC (Waikato) Peter Orchard 07 834 8800 peter.orchard@wintec.ac.nz BOPP (Bay of Plenty) Philip Grimmer 027 252 7005 philip.grimmer@boppoly.ac.nz Waiariki (Rotorua) Mike Fogarty 021 531 454 mike.fogarty@waiariki.ac.nz UCOL (Manawatu) Dave Freeman 021 506 843 d.freebairn@ucol.ac.nz EIT (Hawke’s Bay) Shane Sigglekow 027 660 1136 ssigglekow@eit.ac.nz WELTEC (Wellington) Tana Phillips 027 300 7687 tana.phillips@weltec.ac.nz NMIT (Nelson/Marlbourough) Steve McIntyre 027 277 6938 smcintyre@nmit.ac.nz CPIT (Canterbury) Rachel Butcher 021 287 6085 rachel.butcher@cpit.ac.nz SIT (Southland/Otago) Mike Grumball 03 211 2699 mike.grumball@sit.ac.nz
ITaB would also like to acknowledge the support and commitment from all our ITaB apprentice employers who are CBANZ members and others. If you are considering taking on an apprentice through ITaB programme our training providers work alongside the employer to support the range of required training. All ITaB apprentice employment contracts are now free of charge, if you would like to update that ITaB apprentice employment contract or if you are interested in taking on an apprentice, contact Lisa – ITaB Administrator at National Support Office for more details, Ph 0800 482 284.
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Apprentices on Completion of Apprenticeship Carpentry
Brent Christie NMIT
Northec (Northland)
Leni Fifita 021 649 411
ITaB would like to congratulate the following
David Richards NMIT Farran Inglis NMIT Ryan Bombay CPIT Brett Forman CPIT Jonathan Arndt CPIT Joseph Smith CPIT Mark MacKenzie CPIT Lance Vincent CPIT Samuel Thomson CPIT Shane Tooley CPIT Peter Blakely CPIT Quentin Creba CPIT Cameron Dixon CPIT Hamish Buxton-Blue CPIT Edward Moore CPIT Gary Muff CPIT Darren Pokaia CPIT Alexander Todd CPIT Michael Wilson CPIT CPIT – Christchurch Polytechnic Institute of Technology – Canterbury Region NMIT – Nelson Marlborough Institute of Technology – Nelson Region Congratulation on the completion of Apprenticeship in Carpentry, proudly supported by the Apprentice employers, Polytechnic’s and Tutors and ITaB.
.
From your co-ordinator
Well here we go into a new year. I would
support for the ITaB programme and to
like to wish everybody a fantastic 2012
raise the awareness to all our members.
and may it be a prosperous one for not only finances but for family as well.
The other exciting news is that we are about to start our 2012 Apprentice of
I am about to embark on a National Road
the Year Challenge to find the best
Show with the Department of Building
apprentice within our ITaB programme.
and Housing (DBH) and Winstone Wallboards who are once again showing
The support we are receiving for this
us their continued support.
challenge is amazing. ITM will be supplying the materials for the challenge
The Road Show is all about the Restricted
and we will be using local branches
Building Works, letting everybody know
where possible for each regional event.
about the complexities involved so that we can all start using our licences
Also Winstone Wallboards and DeWalt
correctly as of 1st March.
will be supplying prizes for the grand finals to be held in Wellington at the
Feel free to invite your apprentices
CBANZ Annual Conference.
and any other builder you may know, whether a member or not. ITaB Co-ordinator Dion Tapper
So come on guys, come on out and see the Road Show when we are in your
We are also using this as an opportunity
region and support Certified Builders.
to hold some of the seminars at universities and polytechs to show our
See you on the road!
Unitec on the road with ITaB Unitec in Auckland is putting the promotion of ITaB carpentry apprenticeships on the road with their striking new sign-written ute vehicle.
Top support for Annual Apprentice Challenge competition Once again we have great industry support
the 21 day adventure the apprentice challenge
for our Annual Apprentice Challenge.
winner will experience all the outdoor elements
Winstone Wallboards have come on board
and activities that Outward Bound has to
offering a Classic Outward Bound course for
offer. It includes sailing, kayaking, bush and
first prize.
navigation skills. This adventure is valued at over $3750.00.
The classic Outward Bound experience for
So, this year the apprentice challenge is just the
18-26-year-olds is exactly that – classic! Over
beginning ...
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Building strengthening work is not performed, the council will not
to be seen how generous the IRD would be
renew its building WOF next year meaning
in accepting such arguments as they have
that the building will not be able to be
strongly contested such claims in the past.
tenanted. Where strengthening work is required Before we look at the tax implications
to retain rental or other income, you
of the building strengthening work, let’s
should take professional advice on the
consider the wider implications for the
deductibility of the expenditure and
Steve Brocklebank provides general
building owner. The value of the building
remember that taking a deduction that
business, accounting and tax advice
is reduced if the work is not performed as
the IRD disagree with can be costly as
for PricewaterhouseCoopers.
the rental income stream would cease. In
interest and penalties may be charged
the current market, an untenanted building
and the disputes resolution process is very
requiring $1m in structural work to bring
expensive (you would be doing very well
it up to code would be very difficult to
to get change from $100,000 to advance
sell without significant discounting. On
a case to the lowest Court, the Tax Review
the other hand the value is not necessarily
Authority).
Steve can be contacted on Ph 03 470 3615 or 027 433 6025 email steve.j.brocklebank@nz.pwc.com
increased if it is performed as the rents are unlikely to increase materially. Therefore
A change to the depreciation rules as a
spending the $1m on strengthening
result of the Christchurch quakes allows for
effectively does little more than protect the
a building to be written off giving rise to a
current value.
depreciation loss where the building or the neighbourhood of the building is damaged
As you will be well aware, the events of the past few years have accelerated local Council’s requirements to strengthen old buildings (especially in the Wellington region) and changes to the building code are on the horizon. With many older buildings requiring significant expenditure to remain up to code, we will consider some of the tax issues and wider considerations of such strengthening.
What if the building was only worth $4m,
by a natural event resulting in the building
but required $1m in strengthening? In
being useless for deriving income and
absence of any government assistance or
being demolished or abandoned for later
tax incentives, would you even consider
demolition. This new rule does not extend
performing the work? This brings us onto
to a building being demolished because it
the tax implications.
is uneconomic to bring it up to code as it requires damage by a natural event.
At present, there are no specific tax rules relating to earthquake strengthening.
There is a lot of lobbying going on from
Instead, general principles relating to
affected industry groups and the legal
“capital” vs. “revenue” apply. These
and tax community for the Government
principles have been laid down through
to make changes to the deductibility or
case law and I am sad to report that as the
depreciation rules. A review of these rules
law currently stands will result in a finding
is not on the IRD’s latest work programme,
of non-deductible capital expenditure in
but we expect that changes will eventually
almost all cases.
be made. As a side note, an updated policy
As buildings structures are no longer
on repairs and maintenance expenditure
depreciable, the general treatment of
is due out any day, and it may include
strengthening work as capital is of real
some comments on earthquake related
concern to businesses as the expenditure
expenditure.
would be “black hole” expenditure. In other words, no tax deduction could ever
Assuming that changes will eventually be
be claimed for the amount. This would
made, the question will be what form those
have a significant impact on the viability of
changes will take. My personal opinion
some businesses.
is that earthquake strengthening would become depreciable as this would spread
Let’s start the discussion by creating some
Where the strengthening is required
the deductions for the expenditure over a
context. Let’s say you own a multi-storey
to retain an income stream (like in our
long period (perhaps as much as 50 years).
building in central Wellington with ground
example where the building is a rental
If the expenditure became deductible
floor retail and office space on the upper
property and the local council will not
upfront, the cost to the tax base would be
floors. The building cost $12m a few years
give it a WOF without the work being
too high in a period where tax revenues
ago and has an annual rental yield of $1m
performed), there is some scope to argue
are already down due to subdued economic
(gross). The building was built in the 1940s
that the amount is revenue in nature and
activity and this would delay the countries
so requires $1m in strengthening. If this
therefore deductible, although it remains
return to surpluses.
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Around the regions CBANZ members, ITaB apprentices, tutors and industry representatives have been getting together for learning and socialising around the country.
At a Builders Breakfast supported by ITM and Carters at Wairakei Institute of Technology in Taupo, local builders and students got together and enjoy a BBQ in December. ABOVE LEFT: Rodney and Dean from ITM, Murray and Smiley from Carters man the barbies.
This Builders Training night was held at EIT in Napier with discussion focusing on Apprenticeship training.
Market yourself and your company! Make sure you’re covered – even if the
your company name or logo just like Digby
sun’s not shining it can still do damage!
Toothill did? Digby chose to place the
Grab one of these awesome caps for
CBANZ logo on the back of his caps.
just $20. Price includes the CBANZ Logo embroidered on the front of the cap: • 100% Cotton
• Velcro closure
Why not get your caps embroidered with
Contact Millie T at National Support office and she will organise it for you! Contact Millie T ph 07 927 7720 or email millie.t@certified.co.nz
New campaign to prevent falls from height By Francois Barton, Harm Reduction Programme Manager, Department of Labour
The human and financial toll of falls from height in construction are simply too high. Serious harm notifications to the Department of Labour from the construction sector show more than 50% of falls are from less than three metres and approximately 70% are
from ladders and roofs. The cost of falls from height in construction has been estimated at $24 million a year.
there’s simply nothing in place at all.
That’s why the Department has launched
contractual relationship with a principal.
a three-year harm reduction campaign on
The evidence also tells us that it’s builders, roofers, electrical workers, painters and decorators who are the most likely to fall from height and get seriously hurt. And they’ll often have a
working safely at height.
This sobering picture is why the
Evidence tells us that construction
information they need to work safely
workers are getting seriously injured and killed in falls from height for a number of reasons: the wrong safety gear is selected, the gear isn’t up to standard, the gear hasn’t been set up properly or
Department is ensuring everyone has the at height – principals, contractors, subcontractors, employers and workers. Everyone is responsible for preventing falls on a construction site. The Department is reminding everyone to think about the hazard of working at height – before the job starts, when it’s kicking off, and when the work is under way. It’s about spelling out the need to select the most effective controls for managing the height hazard, starting with elimination (do you need to be up there at all?), then isolation (edge protection, scaffolding and only then minimisation (fall restraints, ladders). It’s also about underlining the importance of people having the skills and supervision to work safely. The Department’s campaign will deliver simple and practical resources for how to work safely with ladders, and how to work safely on single-storey roofs. We’ll also be reminding principals that they have a
critical and active role to request, assess
We will also find firms and clients that
18-year-old apprentice from breaking his
and monitor how their contractors are
see fall prevention as simply smart
back while painting a new house – left
working at height.
business. We know there are businesses
unable to walk properly – or play rugby
investing in good systems and approaches
with his mates.
The importance of identifying the hazard of working at height and selecting effective controls is undeniable, it makes sense. It’s also the law. That’s why later this year the Department will start targeted enforcement activities. Our inspectors will be visiting construction sites across the country where we suspect corners are being cut. We will be out and about to make sure firms are taking their ethical, social and legal responsibilities seriously. This will include working up the chain of command to look at the role played by principals.
to ensuring people don’t fall while working at height and get seriously
It’s about ensuring a 50-year-old
injured or killed.
construction manager – who’s been in the business for years – uses edge protection
The Department is committed to working
and isn’t left with serious head injuries
with sector associations, trade groups and
when he falls from the roof.
industry leaders to recognise, promote and support productive and safe work
Everyone has a role to play in health
practices.
and safety in the workplace – in every industry. Work together to identify
A practical example of this commitment
hazards in the workplace - ensure
is the work we’ve been doing alongside
everyone is properly trained and
representatives from the construction
supervised and able to identify and
sector to develop best practice guidelines.
evaluate the hazard of working at height.
The Best Practice Guidelines for Working
The Department has more information
at Height in New Zealand are now being
available www.dol.govt.nz/prevent-falls/
finalised, after we received a number
including information about the Health
of submissions to the draft guidelines
and Safety in Employment Act and how it
during January.
applies to workplaces. You can also call the Department’s Contact Centre on 0800
This campaign aims to reduce the number
20 90 20 if you have specific questions or
of people falling from height while
concerns about your workplace.
they work and the impact of this on our communities. That means preventing an
Falls from height in construction are preventable. Doing nothing is not an option.
2525 25
5
free
helplines
Contracts
Employment
For help with contracts issues contact Peter Degerholm at Calderglen
Advice on any employment-related issue
Associates. Phone sessions are limited
is available from specialist Tauranga law
to 20 minutes and written questions
firm, Employment & Environment Law.
must be kept brief though they
Danny Jacobson and Trudy Marshall will
may include relevant extracts from
assess the employment issue and give
documents.
general guidance on the best options in
Danny Jacobson
phone sessions of approx 5-10 minutes. It Peter Degerholm Ph 04 587 0061 or 021 307 232 Fax 04 587 0062
Peter Degerholm
is not intended as a substitute for formal employment/legal advice. You must identify yourself as a CBANZ member
email peter@calderglen.co.nz
and any information you disclose will be treated with confidence.
Business-related legal issues
Trudy Marshall
Ph 07 928 0529 or 021 857 529 email trudy@e2law.co.nz web www.e2law.co.nz
For advice on business-related legal issues, Auckland commercial law firm Madison Hardy is offering a free service to CBANZ members. It will only cost you the price of the phone call. Free advice sessions are
Geoff Hardy
limited to 20 minutes. Experienced lawyer, and CBANZ director Geoff Hardy and junior lawyer Gagan
For general business, accounting or tax
Tangri will answer your queries, during
issues you can contact Steve Brocklebank
business hours. Geoff Hardy Ph 09 379 0700 Gagan Tangri Ph 09 970 9567
General business, accounting or tax of PricewaterhouseCoopers. Phone sessions are limited to 10 minutes at
Gagan Tangri
Steve Brocklebank
first, and emails should be kept to the point. You must identify yourself as a CBANZ member and any information you disclose will be treated with confidence.
Insurance
Steve Brocklebank Ph 03 470 3615 or 027 433 6025
For advice on any insurance-related issue
email steve.j.brocklebank@nz.pwc.com
contact Jim Rickard at CBA Insurances. If you have your own broker they should be your first point of contact. However, Jim is happy to help with any claims problems
Jim Rickard
and with any general question about what cover you should have as a builder. Ph. 07 579 6259 or 0274 505 528 Email jim@certified.co.nz
It’s your call!... 26 26 26
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Licensed? Show it! Certified Builders can now supply you with a suite of LBP stickers for:
invoices
letterheads vehicles
business cards
envelopes windows
Stickers are available in the black/white version or the green/white version of the LBP logo.
LBP Stickers
Window stickers (150mm round)
Stamp size stickers for use on
Green/white version
Black/white version
$3.50 each
$3.50 each
$7.50 per sheet (40 per sheet)
$7.50 per sheet (40 per sheet)
business cards, invoices, letterheads, envelopes etc (25mm round)
Please note: LBP stickers will be supplied only to those of you who are current Licensed Building Practitioners and this will be strictly regulated. Special thanks to Tauranga member Blair Arrowsmith for the inspiration and ideas for the LBP stickers.
29
April 2012 changes: What employers need to know Do you have an employee with a student loan? Do you make superannuation
ESCT changes
contributions for your employee? There
As announced in Budget 2011, the
are a number of changes under way
employer superannuation contribution
regarding student loans and employer
tax (ESCT) exemption that applied
superannuation contribution tax (ESCT),
to employer superannuation
and some of the changes will impact on
contributions made to KiwiSaver and/
you as an employer.
or Complying Funds will be removed
contributions are being paid to a defined benefit fund. If your contributions are not being paid to a defined benefit fund then the ESCT will need to be calculated:
o at the employee’s marginal rate, or o you can treat their employer contribution as salary or wages
from 1 April 2012. If you’re making
and tax them through PAYE (with
In both cases, you will need to upgrade
a contribution to your employees’
the agreement of the employee).
your software by 1 April 2012 if you
KiwiSaver scheme or a complying
use a payroll package. Inland Revenue
fund, then all your superannuation
We’ll be updating the online PAYE
is working with software developer
contributions will be liable for ESCT.
calculator to reflect the changes. We’re currently working with payroll software
companies to amend their payroll and related products to enable these changes.
The way ESCT is calculated has
providers to get the rates updated to
also changed. From 1 April 2012,
payroll software packages.
Here Inland Revenue explains the key
the flat rate option of 33% can no
facts so you can be prepared.
longer be used unless the employer
Student loans changes The Government has enacted the Student Loan Scheme Act 2011 to improve the way student loans are managed, repaid, and administered. While these changes are designed to make life easier for borrowers, employers must also be aware of what’s happening. An employee may have new requirements that you’ll need to take into account when you do the payroll. Here’s what you need to know. All the student loan changes described below take effect from April 2012. Pay period repayment obligations Generally borrowers must use the ‘SL’ repayment code. Borrowers earning over the pay period repayment threshold, eg $367 a week, must make student loan repayments. You’ll need to deduct student loan repayments from your employee’s salary or wage as is current practice. The standard student loan deductions you make from your employee’s salary or wages are generally treated as their repayment obligation, unless there’s an over- or under-deduction. Make sure your deductions are correct and properly identified on your EMS. A full-time student may qualify for an exemption from deductions. Please see ‘Repayment deduction exemption’.
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Over- and under-deductions
More information: www.ird.govt.nz/changes
coming year, even if they earn more than
Borrowers who have significant over-
$367 a week from time to time. If your
deductions can ask us for a refund,
employee qualifies for the exemption,
or they can put the extra repayments
they can apply for this through our
towards their loan.
online services from March 2012. They’ll present you with the RDE certificate,
If there’s a significant under-deduction,
authorising you to stop making student
we’ll ask the borrower and their
loan deductions for the period covered.
employer to make additional deductions
Please take the RDE certificate and file it
from the employee’s salary or wage to
with your records.
catch up this under-deduction. If your employee is in this situation, we’ll tell you
Secondary employment
how much the catch-up deductions will
Borrowers who have more than one job
be. Please use the repayment code ‘SLCIR’
can apply to us for a special deduction rate
to identify these extra repayments in your
for their secondary jobs if they expect to
employer monthly schedule.
earn less than the pay-period repayment threshold (eg, $367 a week) from their
The student loan system is designed to
main job, but their total earnings will be
help borrowers repay their loan ‘as they
greater than the pay-period repayment
go’ so please make sure you’re deducting
threshold. They need to review their
the right amounts every payday – not too
estimated earnings every quarter.
much and not too little. If your employee qualifies, they can apply Voluntary repayments
for the reduced rate through our online
A borrower wanting to pay more towards
services from March 2012. They’ll present
their loan can ask you to make additional
you with the special deduction rate (SDR)
deductions from their salary or wage.
certificate showing the rate of student
Please identify these additional deductions
loan deductions you’ll need to take
in your employer monthly schedule by
from the employee’s salary or wage for
using the repayment code ‘SLBOR’.
the period covered. Please take the SDR certificate and file it with your records.
Repayment deduction exemption Full-time students can apply for a ‘repayment deduction exemption’ (RDE) if they expect to earn less than the annual repayment threshold ($19,084) over the
See more at: www.ird.govt.nz/studentloans
Builders Brag Page Send us in your hunting & fishing pics and we’ll reward those that get published on this page with a Hunting & Fishing New Zealand Fleece Gutbusta Bush Shirt valued at $39.99.
Send photos to: Builders Brag Page PO Box 4472 Palmerston North
Or email in hi-res to erin@huntingandfishing.co.nz (be sure and identify clearly that you are sending an entry for the Certified Builders Brag Page as well as your full contact details!)
Please note photos submitted must be from a CBANZ or ITaB member or a company affliated with Certified Builders.
Jon Fox, manager of Kerikeri Hunting & Fishing NZ with a 9kg kingi caught on a pirate jig with a Daiwa Barra / Bayrunner combo in January 2012!
32 stores nationwide Ph: 0800 486 834 (0800 HUNT FISH) Shop online or register for catalogues www.huntingandfishing.co.nz 31
In
3
easy steps
you can have youR very own 4-page website
just $695 (+ GST)
Take a look at one of the websites we have created www.reliabuilt.co.nz What they wanted: The Reliabuilt team specified a clean and user friendly website with major emphasis on their past projects.
Job Build: The home page was designed to draw the browser’s attention directly to Reliabuilt’s past projects, with easy viewing without leaving the home page.
Job Outcome: A vibrant 4-page website with a Team page to build confidence in the browser and lots of great quality images of past projects to sell their services and prove their experience.
Get a Website ... and your business can be on display 24 hours a day, 7 days a week, 365 days a year! To find out how ... Contact Eve ph 0800 CERTIFIED or email eve@certified.co.nz
Don’t forget our CBANZ Fisher & Paykel partnership Just a reminder that we still have a relationship with Fisher & Paykel – bringing our members some very competitive discounts on the full range of Fisher & Paykel and Elba by Fisher & Paykel and now Haier appliances. For more information contact Millie at National Support Office ph 07 927 7720 or millie.t@certified.co.nz
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Finding out about home performance By Andrea Blackmore, Beacon Pathway Inc
Whether your clients are building a new home or renovating their existing home, it is always a good time to talk to them about improving their home’s performance – making it warmer, drier, healthier, more energy and water efficient, and cheaper to run. Even though achieving good performance is based on simple concepts, putting it all together can be complex. And the hardest thing for most people is to find independent information to work out what to do.
Verney Ryan assesses ceiling insulation for a Homestar assessment.
some building knowledge – designers,
advice individualised to your particular
builders, tradespeople – and gives more
situation.
technical detail on how to achieve the desired results. The great feature of
Some councils offer an Eco Design
Level is that it links into the wealth of
Advisor service. Eco Design Advisors
Fortunately, there are some free
information for builders on the BRANZ
provide free, independent, face-to-
resources at your fingertips to help
website and will take you straight to
face advice on sustainable building
guide you and your clients to good
advisory bulletins, guides and research.
and renovation options. It’s not just for homeowners - designers, building
decisions. For those renovating older homes –
contractors and developers can use the
For a start, the Department of Building
villas, bungalows, art deco, 1940s-60s
service too.
and Housing’s Smarter Homes website
or 1970s – BRANZ’s Renovate website
(www.smarterhomes.org.nz) is a good
(www.renovate.org.nz) is the place to
You can get feedback on plans or have
basic place to send your clients for an
go. It pulls together information and
an Eco Design Advisor visit an existing
overview of the issues involved. It gives
advice relevant to the issues that you
home. Their advice covers insulation,
a broad picture of the elements which
face in improving the performance of
double glazing, ventilation, hot water
contribute to home performance, from
these older homes (for example, the
systems, heating, energy efficiency,
designing for the sun, insulation and
lack of roof space for installing ceiling
draught proofing, moisture control,
double glazing, to ventilation, energy
insulation in art deco houses). Again, the
rainwater tanks, greywater reuse and
efficiency, water conservation, and
Renovate website is aimed at those with
water efficiency.
healthy materials .
some technical knowledge already.
Complementing Smarter Homes is
These sites all give general advice which
Auckland, Hamilton, Palmerston North,
the Level website (www.level.org.
you can apply to the project in hand but
Kapiti Coast, Hutt City and Nelson.
nz). It is aimed more at those with
there are a couple of places to go to get
Check the Eco Design Advisor website
1
Eco Design Advisors currently operate in
1 This website is currently being updated.
34 34
(www.ecodesignadvisor.org.nz) or your
and performance of your home. The
local council for up-to-date contact
advantage of working with a Homestar
details.
Practitioner is that they can guide you
About Beacon Pathway
to maximise the performance of your Finally, the new Homestar™ website
new home or renovation – and your
(www.homestar.org.nz) offers more than
Homestar rating.
just a rating of a home’s performance.
Beacon Pathway is committed to the transformation of New Zealand’s homes and
Using their free online rating tool, you
There are lots of things to consider
can generate a list of recommendations
when planning a new home or major
make them higher performing,
on how you can improve your home’s
renovation, and incorporating good
more adaptable, resilient
performance – you can then prioritise
design and features early on can avoid
this according to costs or outcomes.
costly alterations later on. These
Alternatively, you can pay to work with a
resources are here to help you and your
research and a collaborative
Homestar Practitioner.
clients. Best of all, they are based on the
approach to creating change.
neighbourhoods, working to
and affordable through demonstration projects, robust
latest research and they are not linked These industry professionals have been
to any particular products – you can rely
trained and accredited to provide
on the independence of their advice.
advice on home design and features
Make the most of them.
that contribute to the comfort, health
Members of Beacon Pathway Incorporated include EECA, Christchurch City Council, Certified Builders, New Zealand Steel, Insulpro, Resene, and Fletcher Aluminium. For further information about Beacon Pathway visit www. beaconpathway.co.nz.
35 35
Q&A – the law at work A: Danny Jacobson & Trudy Marshall e2Law — Employment & Environment Law
Unless otherwise specifically
agreements. Such a clause provides
provided for contractually in your
for the ending of contractual
employment agreements, you do
obligations owed by the parties to
have a legal obligation to provide
an employment agreement if an
paid work for your employees.
unexpected serious event occurs
We would need to review your
which is beyond the control of the
employment agreements to see
employer and which impacts on
whether you have either or both of
the employment relationship (such
the following clauses:
as fire, flood, storm, earthquake, explosion, terrorism and the like).
• A “no work, no pay” clause, which is common in the building industry and other trades. Such
PROTECTIVE CLOTHING AND EQUIPMENT
a clause makes it clear that if an employer cannot offer work for
The following questions have arisen in
worksites where it is compulsory
wages are payable for the period
to wear safety boots. We require
of time that work is unavailable.
our staff to supply their own safety
The clause may even contemplate
boots at their own cost. One of our
that you may not be able to give
staff is saying that he has spoken to
any notice of a no work, no pay
the Department of Labour and that
situation arising.
it is our obligation to provide the
• A “days/hours of work” clause
cases in which e2Law has recently been
increase or reduce the ordinary hours of work either on a temporary basis, or permanently,
FLEXIBILITY IN A DOWNTURN OR DISASTER
following consultation with the affected employees.
We are a small building business
If you do not have either of these
which is currently suffering a real
clauses, you will not be able to put
downturn in work. We expect this
your staff off work without pay
to be temporary as in the past we
unless they specifically agree to this
have always been very busy in the
arrangement or are prepared to use
first half of the year. We want to
up any annual leave owing.
retain our staff in the expectation
The Christchurch earthquakes and
we will need them over that period,
more recently the Rena grounding
but cannot afford to pay them in
and oil and container spillages in
the meantime. Can we advise our
Tauranga have also highlighted
full time staff that they are on a
unexpected consequences for
period of leave without pay for the
employers and employees. We
next 2 to 3 weeks on the basis we
are recommending that employers
have no work so cannot pay them?
should consider including a “force majeure” clause in employment
36 36
safety boots. Is this correct?
which provides for you to
involved:
Q:
Q: Our building business operates on
reasons beyond its control, no
A:
Yes, it is correct. Section 10 of the Health and Safety in Employment Act 1992 requires that an employer provide, make accessible to, and ensure the use of by employees of suitable clothing and equipment to protect them from harm. The section specifically states that an employer will not comply with that obligation by paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment; or by requiring an employee to provide his or her own protective clothing or equipment as a precondition of employment or as a term or condition in an employment agreement. However, an employee is able to genuinely and voluntarily
choose to provide his or her own protective clothing for reasons of his or her comfort or convenience, but the employer must still be satisfied that the protective clothing is suitable. An employee who has chosen to provide his or her own protective clothing can, after giving reasonable notice to the employer, choose that the employer provide protective clothing instead of providing it himself or herself.
Trudy Marshall and Danny Jacobson are Partners at Employment & Environment Law, Barristers and Solicitors, Tauranga. They operate our Employment Helpline for CBANZ members: ph 07 928 0529. They have also previously produced a Guide for Employers in the Construction Industry which CBANZ can send out to members on request. (The above is by its nature general, and is not intended to be a substitute for legal advice).
37
FrameMaster-Li™ Driving Evolution The world’s number one framing nailer just got a whole lot better, with the
charging life and prevents disengaged
entire BRANZ appraised Paslode D-Head
batteries dropping from the tool.
and RounDrive nail range. Just look for our orange Impulse nail packs to
Two Battery Offer
know you have the right nails for your
FrameMaster-Li™.
release of the new Paslode Impulse
FrameMaster-Li
™
. With advanced
A great new offer for the
Lithium-Ion battery technology and
FrameMaster-Li™ tool is that it will
improved depth of drive adjustment the
now come with two batteries as standard.
Paslode FrameMaster-Li is the ™
next driving evolution of the world’s most popular framing nailer. The new FrameMaster-Li
includes
some serious upgrades and our engineers have designed the next generation with the New Zealand trade professional in mind.
Superior Lithium-Ion Battery Technology The FrameMaster-Li
™
New Tool Free Depth of Drive
uses cutting-
selection on the job site.
Quality As the new standard Impulse tool
Professional carpenters have long ™
Our handy
site guide will also help you with nail
appreciated our tool free depth of drive adjustment. The FrameMaster-Li
™
from Paslode the FrameMaster-
Li™ is packed with all of the high performance features that you know
delivers another knock-out improvement
plus a few extra tricks to make your
with an innovative solution to make
job easier. We hope you agree with us
changing the depth of drive a whole lot
that the refined engineering, supported
easier. A new “pinch-grip” depth of drive
by decades of experience and global
adjuster makes changing drive depth for
leadership in power nailing means that
different timbers, nails and applications
FrameMaster-Li™ will be the
easier and smoother. Our designers didn’t forget our existing
choice for our next generation of builders as well as seasoned trade professionals.
edge Lithium-Ion battery technology.
FrameMaster® tool owners either. The
This new battery system is the result
new pinch-grip depth of drive adjuster
of a revolutionary advance in high
can be retro-fitted onto traditional
shock resistant technology that ensures
FrameMaster tools1�so that our existing
maximum performance in a lightweight
FrameMaster builders can also enjoy
FrameMaster-Li™ is another
power pack. The more compact 7.4 Volt
some new benefits.
legend in the making, bringing state of
Lithium-Ion battery packs a real punch. Each charge drives 6,000 shots – 50% more than traditional Nickel-Cadmium technology. Battery charge time has been slashed in half to ensure a full charge in just 1-hour. Charging life has also been extended up to 5-times longer, but if you find yourself in a tough spot a 2-minute charge will deliver an impressive 200 shots to get you through.
our flagship
Framing Nailer
is the addition of an On / Off battery position. This allows the battery to be disengaged but remain secure on-board
New Zealand Unique 90mm Nailer
and technology. The Paslode
New Zealand building professional.
The challenging construction environment in New Zealand mandates that the core fastener for timber structural framing applications is a
Paslode® … Connect with Powerful Ideas
90mm nail. In other countries different timber types and construction methods dictate a shorter standard nail and tools accommodate our 90mm nail. Paslode has specially engineered the New Zealand
FrameMaster-Li™ to work with our
Don’t forget to register your tool online or contact Paslode. www.paslode.co.nz
ph 09 477 3000
unique 90mm nail.
when the tool is not in use. This has
The FrameMaster-Li™ is also
the added benefit of increasing battery
designed exclusively for use with our
38
improvements in design, performance
the art nail driving technology to the
from those markets are not designed to
Another popular innovation taken from
Driving evolution is here with
1. Note this does not retro-fit to nailer models prior to the Paslode FrameMaster.