MB NSW Magazine April-May 2016 by arkmedia4217

Official Magazine of the Master Builders Association of NSW | Issue Two | April/May 2016

INTERACTIVE COVER Scan image to view interactive content.

THE FUTURE OF SAFETY: AUGMENTED REALITY SEE PAGE 19 TO UNVEIL A NEW DIMENSION OF SAFETY

 MANAGING POOR PERFORMERS PAGE Page 34  THE PERILS OF TERMINATING BUILDING CONTRACTS Page 36

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CO NT ENT S

IN THIS ISSUE: REGULARS Contact List

President’s Viewpoint

Executive Director’s Viewpoint

Newsbrief 8 Regional Roundup

COVER STORY Augmented Reality Interactive Working at Heights Experience Initiative, Made Easy! 19 APPRENTICESHIP

The Women of Bower Projects CULTURAL DIVERSITY

Calling all Aboriginal Contractors Cultural Diversity and Equality INDUSTRIAL RELATIONS

Bringing back the ABCC Tax Rules when Paying Car Allowances EMAIL: peter.shepherd@crowtherblayne.com.au

Managing Poor Performers

ADVERTISING SALES: Liam Daly, Paul Baird, Peter Shepherd, Rose Delosreyes, Scott Sharples, Trish Riley

LEGAL

When Mitigation Becomes Repudiation: The Perils Of Terminating Building Contracts

EDITOR: Samantha Regan LAYOUT: Michelle Triana GRAPHIC DESIGN TEAM: Andrew Crabb, Danny McGirr INTERACTIVE COVER BY: Pro-Visual Publishing PRODUCTION: Brooke Travers

MEMBERSHIP

PROCUREMENT

Mastering Social Procurement: Aboriginal Participation In Construction (APIC) Policy

PRINT: Newstyle

TRAINING

DISTRIBUTION: Newstyle

Significant Changes in Civil Construction Training

CONTACT DETAILS PO Box 824 Surfers Paradise QLD 4217 TEL: 1800 222 757 FAX: 1800 063 151 EMAIL: publications@crowtherblayne.com.au WEB: www.crowtherblayne.com.au

Making the Most of your Master Builders Membership

WOMEN IN CONSTRUCTION

Female Tradie WORKPLACE HEALTH & SAFETY

Drug and Alcohol Testing

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Disclaimer: The Publisher and the Master Builders Association of NSW, their employees and agents take no responsibility for any inaccuracies or omissions. The opinions are those of the contributors and not necessarily of the Publishers nor of the Association. No warranty is given and no liability is accepted. Products and Services appearing in Master Builder are not necessarily endorsed by the Publisher or the Association. While every care has been taken during production, the publisher(s) do not accept any liability for errors or omissions that may have occurred.

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CO NTA CT LI S T

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

OPERATIONS Director Operations Government Projects & Programs Manager Communications IT Systems Manager IT Support/Webmaster

EXECUTIVE BOARD Ross Mitchell Martin Patience Paul Maginnity Simon Pilcher Chris Calderbank-Park Mike O’Donnell Jeffrey Cork

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

FINANCE & ADMINISTRATION

EXECUTIVE Executive Director Executive Assistant

8586 3566 8586 3528 8586 3565 8586 3541 8586 3512

Ogarit Kelley

0414 919 194 1300 760 366

Graham McGuiggan Paul Love Mark Shearwood Joan Ah-Hen Samantha Bell Susie Bell

8586 3554 8586 3540 0413 306 556 8586 3520 8586 3515 8586 3572 8586 3581

8586 3588 8586 3557

Unit 7/4 Stockyard Place, West Gosford NSW 2250 Tel: Director Housing Peter Meredith Member Services Representative Zoe Gardiner

8586 3588 1300 884 315

SOUTHERN REGIONS

Karen Kellock Perry Wynn Maria-Luisa Branezac Laura Atwell Lance Hapeta Paulo Atienza Ben Mitchell Frank Luppino Donna Seidler

8586 3538 8586 3533 8586 3536 8586 3542 8586 3550 0423 025 380 0412 499 754 0401 998 853 0413 316 407

Peter Meredith

4323 4588

Unit 3, 12 Jindalee Road, Port Macquarie NSW 2444 Tel: Member Services Representative Kerrie Clark

Robert Collings Hannah Shephard Daniel Schwebel

8586 3517 8586 3517 8586 3517

WOLLONGONG

Peter Glover David Solomon Rod Grace Nicholas Arends Iain Jarman Chris Schultz Leon Lenzo Annette Gee Beverly Glover

8586 3535 8586 3552 8586 3574 8586 3573 8586 3502 8586 3522 8586 3524 8586 3531 8586 3523

Susan Manning Helen Harris Amanda Kelly Juliet Pratley

8586 3506 8586 3564 8586 3504 0421 050 395

LEGAL Head Solicitor Solicitor Legal Assistant

INDUSTRIAL RELATIONS AND SAFETY Director Construction Executive Officer Safety Industrial Relations Officers Safety Officer Trainee Safety Officer IR Administration Officer Secretary

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EVENTS & BUSINESS DEVELOPMENT Awards Coordinator Assistant Awards Coordinators Special Projects Officer Business Development Manager

RECEPTION Receptionist

REGIONAL OFFICES NEWCASTLE OFFICE Level 1, 165 Lambton Road, Broadmeadow NSW 2292 Tel: Hunter Region Manager Len Blakeney Office Administrator Trish Dillon Receptionist Ashley O’Brien Industrial Relations Officers Ben Ziolkowski Safety Officer John McGhee Trade Events & Divisional Coordinator Haley Tibbetts Membership Representative Luke Reeves Events and Training Coordinator Kerri Richards MBA Insurance Services - Newcastle Leeanne Farmer

4953 9400 4979 0101 4979 0103 4953 9400 4979 0107 4979 0112 4979 0106 4979 0109 4979 0105 0466 777 057

NORTHERN REGIONS Shop 1, 97 Tamar Street, Ballina NSW 2478 Tel: Regional Coordinator Member Services Representative

Graham Marchant Marlee Rudgley

6681 4266 0428 412 784

Unit 1, 171 Princes Highway, Ulladulla NSW 2539 Tel: Regional Coordinator Lynn Smith Member Services Representative Debbie McDonald

4323 4588 0412 694 001

4454 1955 0418 633 297 4454 1955

ALBURY/WODONGA 35 Hovell Street, Wodonga VIC 3690 Tel: Regional Manager Office Manager Administration Assistant

Steve Donaghey Lesley Donaghey Pauline Meade

6058 2000 0402 044 075 6058 2000 6058 2000

PORT MACQUARIE

HOUSING Director Housing

8586 3526 8586 3530 8586 3546

GOSFORD

APPRENTICESHIP SERVICES Apprenticeship Services Manager Apprenticeship Services Coordinator Apprenticeship Payroll Supervisor Apprenticeship Payroll Officer Apprenticeship Field Officer Apprenticeship Field Officer Apprenticeship Field Officer Apprenticeship Field Officer Apprenticeship Mentor

8586 3555 8586 3555

Daniel Vine Jayne Pan Joel Beater Bill Korakis Leeanne Farmer

TRAINING Education Centre MBA Skill Recognition Centre

Joanne Papageorge Daniela Fraumeni

8586 3519 0412 806 700 8586 3556 8586 3501 8586 3583 8586 3568 0466 770 910

NORWEST EDUCATION CENTRE 5 Burbank Place, Baulkham Hills NSW 2153 Reception Executive Office

8586 3508 8586 3511 8586 3509 8586 3567 8586 3527 8586 3510

Luke Hueston Edwina Lyall Aravinda Mathuran Adam Myers Dele Omisore Linda Thomson Adam Fawcett

MEMBER SERVICES Manager Member Services Membership Coordinator Membership Representative Member Services - Administration Member Services - Administration Member Services - Administration

Arthur Johnson Strebre Delovski Leon Kopcikas Frank Chevell Rheannon Vea Vea Bridget Delmore Sebastian Aguilera

8586 3503 8586 3507

MASTER BUILDERS FINANCIAL SERVICES Broker

Director Finance & Administration Manager Finance & Administration Credit Control Manager Credit Officer Inventory & Property Administration Officer Accounts Payable Officer Assistant Accountant Reception #2 Fishbowl #2 Charles Martin Room

Brian Seidler Amanda de Vries

MBA INSURANCE SERVICES State Manager Senior Account Manager Account Executive - General Authorised Representative - Capital & Construction Risk Managers Pty Limited Account Executive - Warranty Account Executive - Warranty National Business Development Manager (Surety) Business Development Manager (NSW)

Craig Donovan 8586 3537 Omesh Jethwani 8586 3539 Steven Swan 8586 3562 Amanda Kernaghan 8586 3580 Alexander Ashley-Carrington 8586 3525

Unit 3, 29-35 Princes Highway, Unanderra NSW 2526 Tel: Regional Coordinator Michael Hart Member Services Representative Ruth Billington

6581 4033 6581 4033

4272 9409 0419 140 126 4272 9409

ORANGE Level 1, 296-298 Summer St, Orange NSW 2800 Tel: Fax: Mob Regional Coordinator Chris Dunn

02 6362 6895 02 6369 0390 0458 243 976

MATES IN CONSTRUCTION Hotline:

8586 3575

L EL E N T R O S S MITC H SI D E PR

There are many issues which will shape our industry over the next 10 – 15 years including: • Demographic change • Training of the future workforce • Technological changes • Government policies • Market While I can’t comment now on each matter raised, I can make some interesting observations. Demographic Change The report indicates a national population of just under 30 million people by 2030 – an annual average increase of 1.4%. Current interstate migration patterns suggest that Sydney and Melbourne’s population will increase. This previously benefited Western Australia. Australia will also age. This will cause: • change in the construction outcome for the economy • a different built environment on the demand side • an older construction workplace on the supply side This means more retirement living and leisure, community and personal care and the more general task of better equipping the built environment for an older population. On the supply side, our study sees the next generation of construction workers as older, better trained and more expensive than previous construction workers. Older because the entire workforce will be better trained, both because of regulatory changes around skill levels, and older also because longer careers will mean greater retraining needs over time. Workers will be more expensive to employ because of their higher training, as well as the impact of the resources boom on construction wages. The distinguishing characteristics of the construction workforce will change over time. The rising use of technology will reduce the need for physical strength and encourage more women into the industry.

Training A good training system is essential to ensure that the construction industry has an adequate supply of skilled workers. Yet, the number of people enrolling in construction related apprenticeships has fallen since 2011. Completion rates are also low. Many industry representatives think the current training system is inflexible and has not kept pace with industry needs. Despite the current construction boom and record workforce participation, the total number of people enrolled in VET undertaking an apprenticeship or traineeship was 20% lower in 2014 compared to 2011. Technological Changes The internet, smart devices and mobile applications have changed how we do things in the construction industry. Mobility and communications happen in real time, helping the flow of information in the construction process. Building Information Modelling (BIM), 3D printing and prefabrication are likely to lead to some replacement of labour with capital. Other things equal, that suggests fewer workers, and more ‘machines’. Prefabrication and 3D printing are much less labour intensive. Different skill sets will take over traditional construction methods. There will also be more interest in offshore construction and sourcing skills offshore. Looking ahead, the environment for the building and construction sector does contain risks. While today’s interest rates are at record lows, we believe that the coming decade will see a return to higher rates. However, we predict that over the next 15 years there will be a need for 3.3 million dwelling commencements in Australia. Non-residential building is also expected to maintain its share of the broader community. We will soon advise all members when the key Strategic Review will be released.

Ross Mitchell MBA/NSW PRESIDENT

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Australia can also expect a proliferation of high-rise apartment buildings in key cities.

Living close to the city in a detached house will become much harder financially for many. This trend is already appearing.

P RES I DENT ’S VI EW P OI NT

In an upcoming Master Builders Strategic Review of the Building & Construction Industry, we identify the key issues and challenges for our industry in the next 15 years.

I UT

DIR

E CTO R B RIA

EXECUT I VE DI RECT OR’S VI EW P O I NT

Members may recall that late last year we reported in Master Builder that the Federal Government had mandated drug and alcohol testing for the building and construction industry. This testing will apply on all Commonwealth Funded Projects worth over $5M.

The Federal Government introduced this requirement by amending the Building Code 2013. This means employers who tender for Federal Government funded work must have a Fitness for Work Policy in place, which provides for drug and alcohol testing. We also reported that the Regulator responsible for the enforcing of the Code (Fair Work Building and Construction (FWBC)) would be taking a staged approach to the implementation of the Fitness for Work Policy. In the first stage, the FWBC has focused on assisting industry to introduce the policy through education, providing information and helping contractors to understand the implications of the policy. In the second stage, the FWBC conducted site audits with a view to providing feedback to principal contractors on their compliance with the policy and assisting them with voluntary rectification to achieve compliance.

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In the third stage, which commenced in February 2016, the FWBC will conduct audits to ascertain whether the Fitness for Work Policy is being implemented. The audits will include requiring contractors to provide evidence that demonstrates: • testing is being undertaken on a random basis; • testing is being undertaken at least monthly; • testing is being conducted on the minimum number of required personnel; • that the required substances are being tested for; • testing is being conducted using an objective medical testing method; and • testing is being conducted by the head contractor and not being pushed down to the sub-contractors.

In the event that issues/breaches are identified, correspondence will be sent to the company outlining the issues or alleged breaches and seeking the company’s response with an opportunity (where possible) for the matter to be rectified. It should be noted that on some occasions breaches that are considered to be of a serious nature cannot be voluntarily rectified. The new requirements introduce higher workplace safety standards for construction sites by ensuring that all building contractors covered by the Building Code have workplace health, safety and rehabilitation system that includes detail of how they will manage drugs and alcohol in the workplace. In effect, this means that all construction projects that have at least $5 million of Commonwealth funding are required to have a Fitness for Work Policy that includes drug and alcohol testing for those on site undertaking building work. FWBC has been working collaboratively with industry to ensure contractors are aware of their rights and obligations in relation to drug and alcohol testing on sites. So far feedback on this process has been positive and the agency looks forward to working with the industry to ensure the new requirements are implemented as seamlessly as possible. Members should contact the Association’s Industrial Relations Department or Safety Department if further information or assistance is required regarding this matter.

Brian Seidler EXECUTIVE DIRECTOR

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WORKPLACE RELATIONS FEDERAL COURT SLAMS CFMEU FOR SHEER THUGGERY Members are advised that in a recent judgment by Federal Circuit Court Judge Vasta determined that the behaviour by CFMEU Official Scott Vink on the Pacific Fair Shopping Centre redevelopment was designed to reinforce the notion that nonunion membership would not be tolerated. Mr Vink removed workers’ personal belongings, including lunches in a refrigerator, from a shed on the site. When approached by the site’s health and safety manager, Mr Vink launched into an obscenity-laced tirade, claiming workers who were not CFMEU members were not allowed to keep their lunch in site fridges. He padlocked the site shed preventing access by workers. An audio file of the exchange, obtained by the FWBC, included Mr Vink saying: “Get out of the shed, you scab”; “you’re a f---in’ piece of s--t mate, that’s what you are”, and “what did I just say mate? Get this s--t out of the f---in’ shed. Don’t make it any worse.” Their employer, subcontractor Frankipile Australia, had to send the workers to a nearby shopping centre to eat their lunch. In his judgment, Judge Vasta said the aggressive, intimidating and flagrant conduct by Mr Vink was designed to give the impression that union membership carried benefits and non-members were disadvantaged. He said it was “hard to imagine a more blatant single breach” of the Fair Work Act. “To my mind, when one is talking about a single breach, the behaviour does not get much worse than the present case,” the judge said. He said there was great need for general and specific deterrence in this case.

A P R I L / M AY 2 0 1 6

“It would be apt to describe the behaviour of [Mr Vink] as sheer thuggery. Such thuggery has no place in the Australian workplace. Contraventions of the FW Act that involve such thuggery cannot be tolerated”. He said the CFMEU “does have an unenviable history of breaching the FW Act”.

WORKPLACE RELATIONS “It seems to treat being caught conducting such breaches as the present one simply as occupational hazards in the way in, which they conduct their business,” he said. “There has been no apology for such appalling behaviour”. He ordered Mr Vink to pay a $9000 penalty and for the CFMEU to pay $48,000. Fair Work Building and Construction director, Nigel Hadgkiss, said while the agency was pleased with the result, it was disappointing that such behaviour continued on building sites. “Behaviour designed to intimidate, harass and bully workers into joining the CFMEU ought to be condemned by all building industry participants, including the union itself,” he said.

WORKPLACE RELATIONS BILL TO RE-ESTABLISH ABCC REFERRED TO INQUIRY…FOR THE THIRD TIME Bills to re-establish the ABCC (the Building and Construction Industry (Improving Productivity) Bill 2013 [No.2] and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No.2]) were introduced into Parliament on 2 February. They both passed the House of Representatives before moving into the Senate where a debate on the question of referral to a Committee inquiry took place. Regrettably, the Senate voted to refer the Bills to the Education and Employment Legislation Committee.

“Under the Fair Work Act, workers must be able to decide to join, or not join a union without facing this type of abhorrent action.”

As the Committee is only due to release its inquiry report on March 15, a vote on the future of the ABCC has been delayed. Master Builders is disappointed with this outcome and this will be the third time the exact same Bills have been the subject of an inquiry by the same Committee.

Employment Minister Michaelia Cash and employers are likely to seize on the judgment as further evidence why the Senate should support the Australian Building and Construction Commission Bill.

It is expected that the Government will seek to vote on the Bills before the Senate in the week beginning 18 April. If this does not occur as expected, it will act as a double dissolution trigger for an early election.

CHARGES LAID BY FWBC AGAINST UNION OFFICIAL FOR ABUSE OF WHS INSPECTOR

Master Builders has been invited to make a submission to the inquiry and will continue to argue that the re-establishment of the ABCC is essential for the sector and the community.

A union official has been charged and will face the Federal Court for allegedly abusing a WorkSafe Victoria inspector after he refused to close a construction site in Castlemaine, Victoria. This case, if proven, will be a further example of union officials seeking to cause disruption on site under the guise of Work Health and Safety. It has been alleged that, after the union official provided the site manager notice of a suspected safety contravention, a WorkSafe inspector visited the site and issued two improvement notices but refused to shut it down. As a result, it is alleged that the union official hurled obscene abuse at the inspector and accused him of being in the “back pocket” of the site manager. The FWBC then laid charges under s 500 of the Fair Work Act 2009 (Cth), alleging that the union official intentionally hindered the inspector. Master Builders will continue to monitor the outcome of the case.

FINAL REPORT OF THE PRODUCTIVITY REVIEW OF FAIR WORK LAWS – ROUNDTABLE WITH MINISTER FOR EMPLOYMENT The recommendations and findings in the report of the Report Productivity Commission Review of the Fair Work Laws will be the subject of a roundtable discussion with the Minister for Employment. Master Builders Australia has accepted an invitation to participate in the roundtable. Participants have been asked to nominate their top three priorities to improve the Fair Work laws and Master Builders are consulting with members to establish a position.

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NEW S BRI EF

WORK HEALTH AND SAFETY REVIEW OF HIGH RISK WORK LICENSING AND TRAINING Safe Work Australia (SWA) is currently conducting a review of the occupations currently classified as High Risk Work (HRW) under the model Work Health Safety (WHS) Regulations. As part of this review, seven classes were identified as not potentially meeting the ‘regulatory intervention’ benchmark under the model WHS Regulations warranting regulatory licensing intervention. The occupational classifications under review are: • Derick Crane • Portal Boom Crane • Bridge and Gantry Crane • Materials Hoist • Reach Stacker • Order-picking Forklift Truck; and • Reciprocating Steam Engine. Master Builders compiled feedback as to whether the above classifications should retain their high risk status and provided these as a submission on the matter to SWA. In addition, SWA sought preliminary comment on training and assessment issues for HRW and asbestos licensing, as part of a broader review of the quality of training for HRW. Master Builders also provided feedback to SWA on whether or not the existing licensing and training framework is adequate.

LEGAL AND CONTRACTS INFINITY CABLE RECALL UPDATE – ACCC ISSUES NEW WARNING ON OBLIGATIONS OF BUILDERS

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Master Builders recently attended the Infinity Cable Stakeholders teleconference convened by the ACCC. At the teleconference, the ACCC reported that the progress of the recall continued at a slow but steady pace with a total of 1537km of cable either remediated, scheduled to be remediated or recovered from stores. This figure constitutes 39% of properties identified as containing the cable. The ACCC has vowed to continue pursuit of the recall until the vast majority of the cable is either remediated or accounted for. The ACCC is also of the view that builders or electricians who do not take appropriate steps to report to the supplier where the cables have been installed, or fail to contact

LEGAL AND CONTRACTS home owners about the recall, can be issued with rectification orders, prosecuted or suffer other penalties if the cables left in situ cause property damage, personal injury or loss of life. The ACCC also stated that attempting to contact owners about the presence of the cabling may also not be enough and in the event of owners avoiding contact from contractors or remediation, builders and electricians have an obligation to alert the relevant State or Territory electrical regulator. The bulletin that outlines the ACCC’s position on the obligations of builders and electricians under the recall can be found via this link https://www.accc.gov.au/publications/haveyou-installed-any-recalled-infinity-cables-inthe-last-six-years Shaun Schmitke, National Director Industrial Relations shaun.schmitke@masterbuilders.com.au

HOUSING HOUSING MOBILITY Higher income households appear more likely to move home than their lower income counterparts. New figures from the Australian Bureau of Statistics report nearly one-half (49 %) of those in the highest income quintile (the top 20 % of income earners) have moved home in the previous five years. At the other end of the income spectrum, 36 % of households in the lowest quintile (the bottom 20 % of income earners) moved over the same period. Households living in flats or apartments were far more likely to move home (71 %) during the previous five years than those living in terrace/townhouses (57 %) or separate houses (35 %).

HOUSING PREFERENCES Quality of life and social experiences are more important determinants than housing affordability amongst young people in their decision on where to live. A new survey by the National Australia Bank (NAB) has found young people rate highly factors such as good local shopping, having friends in the local community, and having parks and garden nearby. By comparison, they attached lesser importance to having access to affordable housing. Brent Davis, National Director Industry Policy brent.davis@masterbuilders.com.au

HOUSING FEDERAL BUDGET SUBMISSION Master Builders has provided the Federal Government with our Pre-Budget submission setting out our priorities for the 2016/17 Federal Budget. Key policy themes addressed in the submission range across taxation, housing affordability, workplace productivity and skills, regulation reform, infrastructure and immigration. If members would like any additional information on any aspect of the submission, or the policy issues discussed, please do not hesitate to contact the Master Builders National Office on (02) 6202 8888.

RENTAL YIELDS Rental yields on residential properties are expected to remain fairly much unchanged across most of the major capital cities over 2016, according to forecasts from CoreLogic, a consultancy. The strongest rental yields are predicted to occur in Hobart (at 5.5 %) and Darwin (5.2 %), while more moderate results are likely in Sydney (3.4 %) and Melbourne (3.2 %). On a national-average basis, the yield on residential rental properties is expected to be around 3.4 % in 2016, little changed on the 3.5 % recorded last calendar year.

FOREIGN INVESTMENT Foreign investors appear to be dominating the purchase of inner ring sites with the potential for redevelopment into higher density living. An analysis by Knight Frank, a consultancy, has found foreign investors accounted for just under 63 % of the $4.6 billion of such sales in the year to August 2015. The highest rate of foreign investor activity was in Perth (where they accounted for 65 % of such purchases), with the lowest being in Melbourne (at just under 48 %).

DEMOGRAPHY Australia’s immigration intake continues to slow, growing by just 1.4 % in the year to June 2015. Victoria experienced the strongest growth rate in immigration (up 1.7 %) with NSW and the ACT following (both sitting on the national average). By contrast, South Australia and the Northern Territory shared the lowest rate of immigration growth (at just 0.4 %). The 1.4 % annual growth rate is well down on the peak of 2.2 % per annum recorded in the year to December 2008. Traditionally, immigration has accounted for more than one-half of housing demand in Australia, so swings in the immigration intake have important implications for the building and construction industry.

TRAINING

GOVERNMENT INVITES SUBMISSIONS TO VET ASSESSMENT REVIEW

Senator the Hon Simon Birmingham, remains Minister for Education and Training and Senator the Hon Richard Colbeck, remains Minister for Tourism and International Education.

The Government has recently called for submissions to its review into improving quality in VET assessment. At the 20 November 2015 meeting of the COAG Industry and Skills Council it was agreed the Australian Government Minister for Vocational Education and Skills, the Hon Luke Hartsuyker MP, consult with VET stakeholders and all jurisdictions on reform options to improve assessment in VET. Priority areas for investigation are approaches to strengthening the skills of VET trainers and assessors, consideration of improved validation of assessment, including potential for greater industry involvement, and options for tougher regulatory interventions. To support this consultation process, the Quality of assessment in vocational education and training – Discussion Paper has been released to seek stakeholder views on reforms to improve the conduct of assessment in VET. The paper is informed by the deliberations of the Training and Assessment Working Group and responses to the paper will inform the Working Group’s advice to the Minister on options to improve assessment in VET. The Minister will then report back for the COAG Industry and Skills Council’s further consideration on actions to be taken. The Government invites a response to the paper, available on the department’s website at www.education.gov.au/improving-qualityassessment-vet. Master Builders will prepare a submission on behalf of members. Robert Wilson, National Director Workforce Development Training Robert.wilson@masterbuilders.com.au

PRIME MINISTER ANNOUNCES NEW MINISTER FOR VOCATIONAL EDUCATION AND SKILLS On 13 February 2016, the Prime Minister, the Hon Malcolm Turnbull, announced his Ministry reshuffle.

CONSTRUCTION APPRENTICE NUMBERS A STAND OUT IN LATEST NCVER REPORT According to latest data from the National Centre for Vocational Education Research (NCVER), all apprenticeships and traineeships commencements decreased by 8.8% to 175 900 while completions decreased by 21.5%, to 127,200. However, the report revealed a positive result for the construction industry, including: • Construction, Plumbing & Services is the most used Training Package in the National Training System with 48,900 students currently in training; • 4,900 commencements in the construction, plumbing and services training package in the September 2015 quarter – more than any other training package; • In 12 months ending 30 September 2015, 24,300 commencements in construction trades, which is just shy of the record pf commencements set in 2008. In fact, construction training saw commencements increase by 28% during the year. Master Builders is working with the Australian Government though our Towards 2020 Apprenticeship policy to grow the number of construction apprentices and improve the quality of training delivery across the system.

TECHNICAL

DISRUPTIVE TECHNOLOGY Human Condition Safety (HCS) is a spin-out of Human Condition Labs, a research and development lab that uses technology to create solutions that have substantial and positive social impact. HCS’s technology--including wearable devices, artificial intelligence, building information modelling and cloud computing-creates an ecosystem that keeps workers safer in the industries in which they face the most physical risk. Human Condition Safety (HCS) is creating a suite of tools that helps workers and their managers prevent injuries before they happen. Incorporating wearable devices, artificial intelligence, building information modelling and cloud computing, the product suite is designed for the industries that hold the highest risk for workers, including manufacturing, energy, warehousing and distribution, and construction. WEARABLE TECHNOLOGY - Advanced fused sensor technology disappears into traditional safety clothing enabling workers and employers to run the safest job sites possible and develop deep insights about safety and efficiency. ARTIFICIAL INTELLIGENCE - Software that learns from past events and can identify safety issues in real-time as well as predicting future events. What can be prevented right now, and what can be prevented in the future? BIM INTEGRATION - To bring the virtual and physical world together. As an Autodesk development partner, the technology can be integrated with existing BIM workflows.

The ABCB is currently undertaking a scoping study project on condensation in residential buildings. A survey was released with the objective of gathering evidence and feedback on the extent of condensation problems and the likely causes, as well as gaining an understanding of industry’s capacity to manage condensation risks in new residential buildings.

HCS conducted its first pilot project at New York’s Jacob K. Javits Convention Center in Q2 of 2015, and currently is in its second pilot project at Citi Field ballpark. HCS will continue to conduct pilots in multiple locations and with various industries throughout 2016. These pilots are realworld trials to identify leading indicators of potential injuries, and to demonstrate how HCS’s technology creates measureable improvements to reduce the frequency and severity of work-related injuries

Should you wish to participate in the survey, please follow this link: www.surveymonkey.com/r/HK2JBWF

Benjamin Moseley, National Director – Building Regulations and Standards, ben.moseley@masterbuilders.com.au

ABCB CONDENSATION SURVEY

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In relation to the Education and Training portfolio, Senator the Hon Scott Ryan, has been appointed as Minister for Vocational Education and Skills. Senator Ryan replaces the Hon Luke Hartsuyker MP as Minister for Vocational Education and Skills.

The new Ministry was sworn in by the GovernorGeneral on Thursday 18 February 2016.

TECHNICAL

NEW S BRI EF

TRAINING

NEW S BRI EF

TECHNICAL CLIMATE CHANGE ROUNDTABLE MEETING WITH MINISTER GREG HUNT

PROPOSAL TO REVIEW AS4299 – NOT SUPPORTED BY INDUSTRY

Master Builders Australia participated in the Round Table meeting chaired by Minister Hunt.

The proposal to review AS4299 - Adaptable Housing has not been supported by Standards Australia at present because of the lack of response by the housing industry.

Meeting included a briefing on the outcomes of the Paris climate change conference and an update on the Government’s climate change policies. At the meeting other industry associations were quick to try and blame global warming on the existing residential stock in Australia, citing not high enough mandatory energy efficiency requirements to new and existing houses. The National Energy Productivity Plan was spruiked by the same associations as the answer to global warming. Minister Hunt informed the Round Table that Minister Frydenberg and himself, were forming a working group on Energy Efficiency to work out the architecture of the implementation of the NEPP. Master Builders Australia have been asked to join this working group. During the round table, the Master Builders’ logical and common sense approach, that it is not the building fabric, rather the occupant’s lifestyle and behavioural choices, that affects energy consumption of the household, was championed. Master Builders Australia communicated to Minister Hunt that education and motivation of the household in the simple process on how to reduce energy use, will see the greatest result in the shortest time. Subsequent to the meeting, Master Builders Australia has begun working and developing two new policies on; 1. Energy Efficient Affordable Housing 2. Energy Efficiency in the Home

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TECHNICAL

These will be developed along the following principles; • Educate consumers to the cost of use • Change consumer behaviour in the home • Incentives / Concessions to build with both renewable and storable energy • Technology advancement • Deregulation • Urban consolidation rather than urban sprawl

Master Builders Australia responded to a request from the Australian Network for Universal Housing Design (ANUHD) to support the review for this standard. Master Builder’s response is that the industry, through Liveable Housing, is seeking a nonmandatory way for the voluntary adoption of design guidelines for making housing more accessible for people with a range of disabilities. Master Builders Australia has been very involved in promoting the adoption of the Livable Housing guidelines. Master Builders CEO is a director of Livable Housing and has been since its inception. This reflects the commitment of Master Builders to the greater adoption of the Livable Housing guidelines Master Builders’ position is to actively support Livable Housing and promotion of its guidelines on a voluntary basis.

NON-CONFORMING PRODUCTS Master Builders Australia is continuing its advocacy and lobbying of this important and high profile issue with CEO Wilhelm Harnisch appeared before the Senate Inquiry into NCPs (which was established at the instigation of cross bench Senator Nick Xenophon in 2015) on Monday 15 February 2016. Master Builders Australia referred to its main recommendations made in its 5 August 2015 Submission to the Senate Economic Reference Committee Inquiry into NonConforming Building Products. • Greater consumer and industry awareness (see Section 7.5); • Stronger consumer and industry decision-making (see Section 7.6); • Strengthening the existing Codemark Scheme (see Section 7.7); • Expanded oversight of Product Certification (see Section 7.8); • Enhanced confidential reporting (see Section 7.9); • Refocusing the ACCC and making the regulatory environment clearer (see Section 7.10); and, • Reducing variations to the National Construction Code (see Section 7.11).

TECHNICAL CONSTRUCTION APPRENTICE NUMBERS A STAND OUT IN LATEST NCVER REPORT According to latest data from the National Centre for Vocational Education Research (NCVER), all apprenticeships and traineeships commencements decreased by 8.8% to 175 900 while completions decreased by 21.5%, to 127 200. However, the report revealed a positive result for the construction industry, including: • Construction, Plumbing & Services is the most used Training Package in the National Training System with 48,900 students currently in training; • 4,900 commencements in the construction, plumbing and services training package in the September 2015 quarter – more than any other training package; • In 12 months ending 30 September 2015, 24,300 commencements in construction trades, which is just shy of the record pf commencements set in 2008. In fact, construction training saw commencements increase by 28% during the year. Master Builders is working with the Australian Government though our Towards 2020 Apprenticeship policy to grow the number of construction apprentices and improve the quality of training delivery across the system.

EVENTS MASTER BUILDERS NATIONAL CONFERENCE AND NATIONAL AWARDS Master Builders Australia’s 2015 National Conference and Awards was held at Jupiters Gold Coast in November and has been hailed an outstanding success delivering a balanced and rewarding program. The ‘Building Australia’ theme focused on leadership and assisting members in continuing to grow their business whilst developing and maintaining strong leadership attributes within their business ethos. Delegates’ and sponsors’ feedback has been very encouraging with a post conference survey rating their overall experience at 8.4 out of 10.

Are your showers ticking time bombs? Despite builders best efforts, leaking showers are consistently listed in the BSA’s top ten defects. Sadly, sometimes this is due to substandard workmanship, but most of the time it is the design of the shower itself which is creating the potential for disaster. Most contractors are at a complete loss as to why, but detailed testing has shown how, by the action of expansion and contraction, water is “pumped” along glue cavities to escape the shower enclosure, no matter how well it is water-proofed. The best way to prevent the problem is to seal the screen directly to the membrane, and NOT to the tiles. Waterstop Streamline provides: •

Positive connection between screen and membrane

•

Maximises ﬂoor area

•

Provides a template for following trades

•

Ensures correct fall to waste

•

Complies with and exceeds AS3740

•

Modern, cost effective, one-piece design

•

20 different shapes and sizes

•

Minimum change for maximum beneﬁts

My business has expanded rapidly since we star ted using the Waterstop Streamline ho b and I now have tilers recommending the Waterstop Streamline system – and me – to othe r bu ilders. Everyone that uses it loves it.

Mr Fred Medd ings, Managin g Director Watertight Austr alia (Water-proo fers)

Remove the doubt. Fit Waterstop Streamline ... and forget about leaking showers.

Water escapes shower enclosure

Water path

Bed

Hobbed shower

Tile

Screen ‘sealed’ to tiles with silicon Tile

Bed

Mr Glen Whitehead, Managing Direct or BJM Developments

Water escapes shower enclosure

Membrane

Waterstop Streamline Screen ‘sealed’ to tiles with silicon

Screen

Rebated or flow-through shower

By using Waterstop Streamline I know the shower will be perfect every time. It has to be, because this prod uct is designed to dictate placemen t of all of the other components to make up a complete shower. It’s virtu ally impossible to stuff it up.

Water path

Streamline

Screen Screen sealed to membrane with silicone

Keyway to trap liquid membrane

Tile Tile height gauge

Tile Hob

Bed

Bathroom floor tile height optional Substrate

Bed Membrane

For more information, visit www.waterstopstreamline.com.au Phone 07 5426 3700 • Fax 07 5426 3711 • Email sales@gleda.com.au

WATE12057

Membrane

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BANJO BUSINESS AWARDS WINNERS Congratulations to the below MBA members who were awarded Banjo Business Awards at the gala dinner and awards night held on Friday 12th February 2016. The Banjo Business Awards aim to encourage and celebrate local business and to recognise the important contribution they make to the well-being and growth of our city. Photos courtesy of the Central Western Daily and photographer Jude Keogh.

Luke Knight and Kal Smith of L-Con Building and Construction accept the Banjo Business Award for Excellence in Construction and Trade from Gary Holway (left). Photo: Jude Keogh

Green Homes Australia builder Jason Hopkins (right) accepts the Banjo Business Award for Excellence in Sustainability from Graham Gentles. Photo: Jude Keogh

Peter O’Brien (right) of Peter O’Brien Constructions accepts the People’s Choice Award for Outstanding Tradie from Orange Business Chamber president Tony Healey. Photo: Jude Keogh

MBA CENTRAL WEST GOLF DAY MBA Central West division held the Brendon Sturgeon Memorial Building Picnic Golf Day again this year on Friday 19 February. 96 players attended Wentworth Golf Club Orange, to contend for the major prize of 2 barbeques, donated by Tilston’s Building Exhibition Centre, which were won by Matthew Wright and Kieren Gentles (middle and right). 2nd Prize, 2 prize packs donated by Tate’s Quality Building Supplies, was won by John

McDonald and Kingsley Nash. Shane Morris and Mark Jasprizza won jackets, eskies, stubby holders and other promotional gear donated by golf day sponsors for their 3rd place effort. All players received prizes on the day including 2 Makita drills, won by Brock Duncan and Chris Holmes, and a timber picnic table donated by Westruss, was won by Brian Turner.

Thanks to the generosity of the players, a donation of $1000 was raised for Give me 5 for Kids.

The Central West division would like to thank our major sponsors for their ongoing support:

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We would also like to thank the following local businesses for their generosity in supporting the day:

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ON SITE AT HARVEY NORMAN COMMERCIAL Harvey Norman Commercial recently hosted our Division Information Night. This was attended by lots of familiar faces and some very welcome new ones. The newly renovated showroom covers over 700 square meters. This is the largest appointment only trade showroom on the Central Coast. Members were free to view the thousands of products available and to talk to some of the suppliers and staff.

Members enjoying the showroom

Adam Munkman talking to a supplier

Matthew Harvey

Matthew Harvey and Bruce Webb

Everyone enjoyed plenty of home-made food and refreshments. One lucky member walked away with a fantastic Nespresso machine which was kindly donated by Harvey Norman Commercial. Scott Rathgen joined us from Wyong Council. He gave an interesting talk about upcoming building projects in the local area, and an update on building certification. Scott stayed busy answering questions from many of the members.

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Zoe Gardiner Title: Member Services Representative

REG I O NA L ROUNDUP

SAFE WORK NSW BREAKFAST FORUM The relationship between Master Builders and SafeWork NSW (previously known as WorkCover NSW) is very important. Site Safety is a priority in the construction industry.

Our SafeWork breakfasts are the perfect opportunity to talk to the SafeWork inspectors. You can ask questions without inviting them onto your jobsite and having an unwanted site inspection. SafeWork NSW want to prevent workplace accidents and are happy to offer their advice rather than do spot inspections and issue fines.

Our February SafeWork NSW breakfast was at the Port Macquarie office and started with a tasty bacon and egg roll with a cuppa. We then moved into the Training Room for a presentation from Rod Allan from SafeWork NSW and Garry Morris from Essential Energy. The main focus of their presentation was “working near overhead power lines”. This was followed by an open forum where attendees were encouraged to ask questions. For attending this free event, attendees received 1 CPD Point. It also entitled attendees to a $500.00 rebate from SafeWork NSW. This can be claimed on the purchase of any eligible safety equipment. It is open to sole traders or small businesses with up to 50 full time employees.

We look forward to seeing you at our next SafeWork Breakfast, so you can be on top of your workplace safety. Kerrie Clark Member Services Representative

Members at the SafeWork Breakfast at MBA Port Macquarie Office

SOUTHERN REGIONS Southern Regions Building Awards 2016 Entries for the Southern Regions Building Awards will close Friday 1st April and judging by Jim Greenshields, Ross Meredith and Bruce Cohern will commence Monday 11th April Gala Presentation Night will be held Saturday 18th June at Ulladulla Civic Centre commencing at 6pm followed by live entertainment with Comedian Marty Fields and music by Hipnosis. Invitations to this major event will be sent early May. For further information, please call Lynn Smith 4454 1955. Women in construction Lynn Smith, Southern Regions Manger has been meeting with ladies on the far south coast in Merimbula since 2007. These meetings are attended by Wives and Partners of Members in this region where we discuss all current matters and mainly the networking is so great to see amongst the ladies.

The Women in Construction meeting held in Merimbula on 2nd March

The feedback has always been really positive and they cannot wait until the next Meetings which are held every 3 months prior to an Industry Update which is held in the evening.

P OR T MA CQUARIE - SOUTHERN REGION S

The Port Macquarie office aims to hold at least two SafeWork Breakfast Forums per year. The purpose of these breakfasts is to prevent workplace accidents. Our members are made aware of potential problems on building sites and how accidents can be prevented. It also helps keep our members up to date with any changes in the regulations and requirements.

Teresa Townsend

If Ladies are interested, we are looking at organising these Meetings in our other areas.

New staff member for Ulladulla We would like to introduce new MBA Staff Member Teresa Townsend who commenced with the MBA in February as Member Services Representative.

We held our first Meeting in Campbelltown in February which was a great success, the ladies say they received so much information.

Teresa will be assisting Lynn Smith to assist in providing the best services for our Regional Members.

We also have Guest Speakers attending as well.

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MASTER BUILDERS ASSOCIATION

2016 EXCELLENCE IN BUILDING AWARDS NEWCASTLE

HOUSING ENTRY FORM

COMMERCIAL ENTRY FORM

NEWCA S T LE

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2016 EXCELLENCE IN BUILDING AWARDS NEWCASTLE ENTRIES ARE NOW OPEN

Closing Date: Friday 6 May 2016

KEY DATES: Entries close Judging Gala Event Entertainment

6 May 2016 13 June – 24 June 2016 9 September 2016 at Wests New Lambton, Starlight Room Comedian - Marty Fields and 70’s Rock Band - “Dragon”

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To download entry forms, please visit: http://bit.ly/newcastleawards

CO VER FEAT URE

Photo: Steven Swan

AUGMENTED REALITY INTERACTIVE WORKING AT HEIGHTS EXPERIENCE INITIATIVE, MADE EASY!

Master Builders NSW recently launched its Working at Heights Initiative supported by SafeWork NSW. The initiative was launched on Friday 19 February 2016 by Mr Peter Dunphy PSM, Executive Director – SafeWork NSW. Master Builders’ Augmented Reality Interactive Working at Heights Experience Initiative is particularly designed to reach younger workers in the industry who may lack the necessary experience when working at heights. Workers under 25 years of age account for 20 percent of work related injuries. In order to engage with younger workers, Master Builders has used the medium of Augmented Reality (AR) to convey the working at heights safety message.

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In order to experience the Master Builders augmented reality safety initiative, simply download the ProViS AR app and scroll to the MBA NSW icon. Point your device’s camera at the elements on the poster, which then launches the relevant content, module or Code

COVER FEAT URE Photo: Steven Swan

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of Practice. Features include a number of graphic falling from heights scenarios and 360 degree immersion experience on a building site that serves to outline potential hazards and drive engagement in the training process. Literally hundreds of pages of information and image can then be accessed. Mr John Hutchings ProVisual CEO, has worked tirelessly and closely with the MBA NSW in the development of the (AR) experience that includes the use of Computer Generated Image (CGI) technology at the MBA launch. John delivered an interactive presentation on the content of the poster and the numerous windows and pathways that the interactive poster can offer. The experience

is accessed via platformed based technology that enables the content to be changed almost instantaneously, allowing the provider to upload content as it happens.

his own experience drawing the focus to the importance of and the serious nature of working at heights, faced everyday within the Building and Construction Industry.

Ashley Schulz 2015 MBA Apprentice of the year displayed how easy the AR experience was to use, by connecting her own smartphone to the app, projecting her selected pathway through the AR poster to the audience via two large screens. This further supported the ease with which the app can be used.

Master Builders Association of New South Wales would like to thank all those involved with the development, delivery, coordination and attendance at the event, which was a resounding success in a bid to raise working at heights awareness to the younger Building and Construction Industry workforce, through technology they use every day.

Motivational Speaker, David Crawford, Spinal Cord Injuries Australia, Team Safe Coordinator, delivered an inspirational presentation captivating the audienceâ&#x20AC;&#x2122;s attention with

David Solomon, Executive Officer Safety, MBA NSW

CO VER FEAT URE

Photos: Steven Swan

INTERACT WITH THE FRONT COVER The front cover of this magazine has hidden interactive capabilities. Follow these three easy steps to experience Augmented Reality.

1. Download the free Pro-Vis AR app from the Apple store or Google Play. 2. Open the Pro-Vis AR app and scroll across to find the MBA icon.

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3. Once loaded, use your smart device to scan over the magazine cover to view interactive content.

COVER FEAT URE

Master Builders Association of NSW Working At Heights Interactive Initiative Scan Here

Scan Here More than 600 workers fall from a height each year.

DOWNLOAD THE APP AND INTERACT WITH THIS GUIDE

Don’t fall for it.

Residential HOW TO ASSESS THE RISK A risk assessment will help you determine: –

What could happen if a fall did occur and how likely it is to happen

–

How severe a risk is -whether any existing control measures are effective

–

What action you should take to control the risk

–

How urgently the action needs to be taken

Commercial Scan Here

You must identify all locations and tasks that could cause injury due to a fall. This includes access to the areas where work is to be carried out. Tasks that need particular attention are those carried out: – On any structure or plant being constructed or installed, demolished or dismantled, inspected, tested, repaired or cleaned – On a fragile surface (for example, cement sheeting roofs, rusty metal roofs, fibreglass sheeting roofs and skylights) – On a potentially unstable surface (for example, areas where there is potential for ground collapse) – Using equipment to work at the elevated level (for example, when using elevating work platforms or portable ladders) – On a sloping or slippery surface where it is difficult for people to maintain their balance (for

SAFE USE OF LADDERS

example, on glazed tiles)

Ladders are primarily a means of access and egress. Many falls take place

– Near an unprotected open edge (for example, near incomplete stairwells) - near a hole, shaft

when people are working from ladders. In addition, when using a ladder:

or pit into which a worker could fall (for example, trenches, lift shafts or service pits). BARRIERS Barriers (or edge protection) to prevent a person falling over edges and into holes should be provided on relevant parts of a solid construction. The barrier should be designed and constructed to withstand the force of someone falling against it. Edge protection should consist of guard rails, solid balustrades or other structural components. The top of the guard rail or component should be between 900 mm and 1100 mm above the working surface. If a guard rail system is used, it should also have mid-rails and toe boards or wire mesh infill panels. If access is required to equipment (for example, a hoist) it should be protected with gates, safety chains or other means to prevent a person falling. PROTECTION OF OPENINGS AND HOLES Holes, penetrations and openings through which a person could fall should be made safe immediately after being formed. If a cover is used as a control measure, it must be made of a material that is strong enough to prevent

The working width and movement is limited.

–

The time involved in moving and setting up ladders is often

underestimated when planning work. – The working position on ladders is often uncomfortable (the need to stretch sideways, work above shoulder height and stand on narrow rungs for a long time) and may cause musculoskeletal disorders. For these reasons, you should consider whether an elevating work platform or scaffolding would be safer and more efficient. They should only be used as a working platform for light work of short duration that can be carried out safely on the ladder. Ladders should have a load rating of at least 120 kg and be manufactured for industrial use. Any ladder used at a workplace must be set up on a solid and stable surface, and set up so as to prevent the ladder from slipping. Single and extension ladders can be prevented from slipping by placing ladders at a slope of 4:1, and setting up stepladders in the fully opened position and securing ladders at the top or bottom, or if necessary, at both ends.

persons or objects falling through and must be securely fixed to prevent any

LADDER MAINTENANCE

dislodgement or accidental removal.

Ladders should be regularly inspected by a competent person in accordance with the manufacturer’s recommendations. Ladders with any of the following

Preventing falls in housing construction code of practice July 2014.

Scan Here

–

faults must be replaced or repaired: –

Fibreglass stiles cracked, chipped or severely faded with fibres exposed

–

Timber stiles warped, splintered, cracked or bruised

–

Metal stiles twisted, bent, kinked, crushed or with cracked welds or

damaged feet – Rungs, steps, treads or top plates that are missing, worn, damaged or loose – Tie rods missing, broken or loose – Ropes, braces, or brackets that are missing, broken or worn – Timber members that are covered with opaque paint or other treatment that could disguise faults in the timber – Missing, loose, bent or worn fasteners, ie rivets, bolts and

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pins – Worn or damaged feet, including non-slip material.

Managing the risk of falls at workplaces code of practice July 2015

MBA Poster_Mag2.indd 1

11/04/2016 10:36 am

A P P RENT I CES HI P

Photo:Steven Swan

THE WOMEN OF BOWER PROJECTS Karen Kellock, MBA Apprenticeship Manager speaks with Ben Thomson and Jamelle Saade of Bower Projects, along with new MBA apprentice, Raecene McGregor, the Building and Construction Industry After only a short conversation with Ben Thomson, you are left with the strong impression that Bower Projects value women in their business. When asked why he felt so strongly about having women at all levels of the business, he answers simply, “Women bring diversity and creativity – they look at things differently and bring different opinions to any situation”

“What makes me good at my job is the way I work with people” Jamelle said it was hard when she first started out, “I had no experience and I went into this career with a blindfold on, but it was the different people and environment that made the difference. I’m still learning everyday” I asked her what it’s like working for Bower Projects: “Bower Projects is unique. I’m part of a team and the level of respect I receive from Ben, Adrian Banks and the rest of the team make me want to be more involved. There’s no feeling of exclusion. They are like family” Jamelle shared with me a piece of advice given to her when she first started out as a Construction Management Cadet – ‘Don’t try to

be a man, and don’t be too girly either. Find your space in the middle’ “I’ve seen some women struggle in this industry, as they swear, yell and scream, trying to fit in by ‘being rough and acting like a man’. You need to remember that you are still a woman and need to present yourself in a proper manner. I don’t try to be someone I’m not, on a day to day basis – I am myself and that’s what has made me successful” Bower Projects have committed to taking on apprentices through Master Builders Apprenticeship Service. Jamie Austin-Lean started with Bower Projects on completion of the Master Builders Pre Apprenticeship Program on 12 October 2015.

“Women bring diversity and creativity – they look at things differently and bring different opinions to any situation”

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Ben speaks incredibly highly of Jamelle Saade, Project Engineer on Bower’s ‘Windsor Garden Project’ at Baulkham Hills. Jamelle is a young woman who has worked with reputable builders in the past and started with Bower Projects in 2015. She was runner up Master Builders Association Cadet of the Year in 2012 and after speaking with her for a short time, you don’t need to be a genius to know this young woman has found her place in the industry. Her role involves liaising with architects and engineers, sub-contractors, local council and of course, the client.

She’s involved in design co-ordination and development and tells me that there’s nothing she hates about her job.

A P P RENT I CES HI P Ben Thomson (left), Raecene McGregor, Jamelle Saade and Karen Kellock. Photo: Steven Swan

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Their new apprentice, Raecene McGregor, starts on Tuesday 24 February 2016. When Raecene left school, she originally wanted to be a Flight Attendant. It was a family friend who asked her to help out building some decks. During this time, he recognized her capability and suitability for the building industry and advised her to talk to MBA about a Carpentry Apprenticeship. Having completed the MBA Pre Apprenticeship Program on 12 February 2016, Raecene was offered a placement with Bower Projects. Raecene has a lot to learn and Bower Projects are more than willing to support her throughout her apprenticeship.

this attitude by allocating the apprentices to work on safety at the commencement of their employment. Raecene will spend a good deal of her time initially working with the Safety Officer. Raecene will learn to recognize what is unsafe and what needs to be done to make it safe. From there she will learn the terminology and the trades on site. She will have a mentor/ buddy to work with and will have someone with her at all times. The most important thing Bower aims for is to keep the apprentice safe and how to communicate with those she works with. Ben advises Raecene “If we communicate properly, we can get the best out of people and we are doing our job properly”

Ben Thomson explains to me how Bower plan to do this: “Our apprenticeship Program guides the apprentices through the industry by providing them the opportunity to learn the various facets of construction. Bower’s main priority on site is safety and we enforce

These two ladies are not the only women within the Bower Projects family. The list of positions currently held by women is impressive, they include: Reception, Accounts, Chief Financial Officer, Project Engineer, HR/ Strategist, Hoist Operator, Traffic Controller,

Construction Management Cadet, Front End Design Manager, Project Manager and now, Carpentry Apprentice. Ben is clear about the need for women in the building and construction industry, to maintain equality of gender within the business and industry. Bower Projects are always looking for great people and are unashamedly recruiting women into their ranks. Ben Thomson and I are about to embark on a round of High School visits to let the female leaders of tomorrow know that there are businesses out there waiting for them, and the opportunities are endless.

CULT URA L DI VERS I T Y

CALLING ALL ABORIGINAL CONTRACTORS Master Builders NSW has signed an Industry Based Agreement with the NSW Government and one of its primary objectives is to promote opportunities for Aboriginal contractors in the building and construction industry. Master Builder NSW is developing a list of builders and subcontractors that have at least equal or greater than 50% Aboriginal ownership.

Government construction projects that are required to comply with NSW Government policy for Aboriginal Participation in Construction (APIC). This policy encourages the use of Aboriginal contractors and Aboriginal employment and education in the construction industry.

The list of Aboriginal contractors will be made available to interested builders and contractors.

Eligible contractors who would like to be included in the Aboriginal contractors list should complete the registration form here http://bit.ly/1SVHPsD

The list of Aboriginal contractors will be available to head contractors on NSW

Omesh Jethwani Government Projects & Programs Manager

SWITCH

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CULT URA L DI VERS I T Y

CULTURAL DIVERSITY AND EQUALITY “Our ability to reach unity in diversity will be the beauty and the test of our civilisation” Mahatma Gandhi Omesh Jethwani, Government Projects & Programs Manager interviewed Ian Bridger, Director of Across Culture on the importance of adopting and embracing cultural diversity and equality. Tell us about the inception of Across Culture? Across Culture (AC) evolved from my previous business, Bridgeway Barnes and Associates (BBA). BBA was a training/consulting business. Prior to BBA I had been working in the employment sector for a number of years. During this time I observed that the issue regarding Indigenous employment was less around Indigenous people not wanting to work or organisations not wanting to employ Indigenous Australians, but more about organisations not being able to retain Indigenous people. So although BBA was doing well, I didn’t feel that I was working where my passion lies; working with Diverse Cultures and in this case Indigenous culture. So together with my current Indigenous business partner, Mark Spinks, we looked at what was working in regards to retention.

If the customer requests cultural knowledge that has the potential to be implemented in the workplace or they want to move beyond cultural awareness towards cultural competence then I get involved. I often deliver this type of training with an Indigenous trainer.

What we discovered was that mentoring was a key success factor in the retention of Aboriginal workers but we also saw that there was no real quality standards around mentoring and in fact people were mentoring without a real understanding of what mentoring entailed.

In addition to my work with AC I teach at undergraduate and post graduate level; Approaches to Cultural Diversity, Managing in Ambiguity and Change, Society and Culture in an Organisational Context as well as units such as Organisational Behaviour.

To address this issue Across Culture, which at that stage was known as Bridgeway Barnes and Associates, developed its first Certificate IV in Mentoring Diverse Groups. Mark became a business partner and we rebranded to Across Culture.

Given my background I am able to draw on tools and frameworks, which allow organisations to understand culture from a worldview and an organisational perspective. What is often overlooked, is that we don’t have only 2 cultures interacting in the workplace at any one time, overarching everything is organisational culture. We need to bring organisational culture into the discussion. Then if we want to take it a step further management styles are also part of the jigsaw puzzle.

So our entry into the market really was through our Certificate IV in Mentoring Diverse Groups, this qualification has now been superseded by our new qualification 10571NAT Certificate IV in Workplace Mentoring.

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heart of the learning outcome then we have a number of Aboriginal trainers who deliver the training. I don’t believe it is appropriate for me or that I have the knowledge or experience to deliver this type of training.

As a non-Aboriginal Australian, how did the Aboriginal community react to you delivering their 100+ years culture? It really depends on what our customer wants. If they are requesting traditional Cultural Awareness training where the history and traditions of Indigenous Australians is at the

So as you can see it’s not a matter of simply understanding Indigenous traditions, values and history and empathising with the past and ongoing trauma, there’s a lot more to it, fortunately the people I have worked with have provided me with some great feedback, for example in my last work shop 3 of the comments from people who had already

participated in traditional cultural awareness training were; • Totally changed my approach to working with Indigenous people • It was a real eye opener and I will recommend it highly to others • I will be reviewing existing policies So in answer to your question I have been very well received because I also help Indigenous Australians to understand white Anglo Saxon Australian culture and workplace culture. Many of my Indigenous participants have stated that it’s a light bulb moment for them. We need to be looking at culture from a broader perspective and endeavouring to understand all cultures in a manner that allows us to compare and measure culture against culture. Only then can we begin to look for solutions and build bridges. What is cultural diversity and why is it so important in this day and age? It has been said that Culture is the 2nd most difficult word in the English Language to define. In 1953 there were 163 different definitions of culture however for myself I like the simple definition of Cultural Diversity from the Oxford Dictionary; ‘The existence of a variety of cultural or ethnic groups within a society’ or if we are talking about organisations ‘within organisations’. In terms of the importance of cultural diversity within the workforce, we currently have a skills and labour shortage globally. The number of international migrants continues to grow. For example, in 1996, Stephen Cranby (1996) estimated that international migration resulted in 125 million people living in countries not of

The Sydney Morning Herald was quoted as saying ‘cultural competence is not just a nice to have skill anymore’. Imagine turning up to an interview and explaining that you were culturally competent. You would stand out. There needs to be a lot more work done to promote the importance of cultural competence in the work place.

their birth. In 2005, the International Integration and Refugee Association estimated 190 million international migrants, about three per cent of global population. Business is becoming more competitive as overseas businesses access local markets. The ability of organisations to understand other cultures and thereby access these markets, attract labour and skills is of paramount importance. Those organisations that have a culturally diverse workforce have a competitive advantage. With input from their diverse employee base they can understand different markets and products, what different cultures value and how to attract them to their labour force. Why do you think racism persist in Australia despite the country’s commitment to cultural diversity and equality? Unfortunately racism is alive and well, my thoughts on this are that as a nation we are not culturally educated. By that I mean we just don’t understand culture, we don’t even understand our own culture let alone anyone else’s. If we’re serious about cultural diversity and equality we need to invest in it where it counts. For example, I know there seems to be a lot of money being invested in Indigenous programs but it’s still not reaching the ground. Despite all the talk about Indigenous employment programs the employment figures from the Closing the Gap report are dismal and speak volumes.

In your personal opinion, do you think the building and construction industry will eventually adopt a system of social equilibrium? Those who do will gain a competitive advantage, those who don’t may not survive. Do you think the scope and delivery of the Aboriginal cultural workshops should be accommodated to the needs of the industries? Yes I do. Businesses must survive and make money as a loss of jobs means a lose/lose situation for everyone. This will look different depending on the individual situation. I believe we need to move beyond cultural awareness towards cultural competence. In my view they are very different. Majority of employees being registered to attend Aboriginal cultural workshops are born and raised in Australia. They have studied Aboriginal history and culture. Why should they have to be encouraged to attend and how can they benefit from the various cultural workshops? From a purely business perspective many organisations must be seen to be running cultural awareness programs to be able to win tenders. So they should attend if they want their organisation to win more work.

I would like to see organisations develop a cultural strategy that assists them to become culturally competent. The strategy would start with a cultural audit which would then determine who is actually culturally aware. Once this has been completed we move on to build cultural competence.

CULT URA L DI VERS I T Y

Naturally I would like a different approach. I would like businesses and employees to understand the business and personal benefits of becoming culturally competent and attend for those reasons.

Organisations need to move beyond cultural awareness, we need to learn to work more productively with Indigenous employees, communicate more constructively, we need to learn how to manage and lead Indigenous staff more effectively. In one of my workshops we discuss how Australian Aboriginal people come from a collective culture, that is they value family and the extended family foremost while Anglo Australians come from what is called an individualistic culture which values ‘me’ and my immediate family first. I’m talking generally here, but what we have to then think about is how does this cultural dimension influence how we work together, how we manage and supervise and what motivates Indigenous staff. In a few words, how do you think the various generations view cultural diversity and equality:(Note: The generation age breakdown has been taken from McCrindle “Generations Defined: 50 Years of Change over 5 Generations”)

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Can discrimination and intolerance be stopped by legislation, or does each person have to overcome their individual prejudice, or both? We need to address these issues through legislation, education and presenting to the Australian people a sound business case of why we need to change. There is no silver bullet; we need to fight discrimination through every avenue.

CULT URA L DI VERS I T Y

They don’t always get it right and neither do I, but if I reflect back on a national project with a Government Department that contained some disgruntled participants it was the ability of the trainer to empathise with the participant, to stop and listen to their view and in some cases create healthy discussion within the group. We have often found their peers will answer many of their questions. We don’t have any prescribed process; we have more of an approach and trust in the ability and experience of our trainers to manage difficult customers.

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My experience is it differs from regional to metro centres and how well travelled a person is but in general terms:a. Builders (1925 - 1945; Aged 70s - 80s) Quite narrow, don’t like to change, they believe that cultural groups must do it our way as our way is the only way while at the same time they are more philosophical about the issue. Possibly due to the life cycle. b. Baby Boomers (1946 - 1964; A ged 50s - 60s) Narrow as well, not as philosophical, blame the government for losing jobs because of multiculturalism c. Generation X (1965 - 1979; Aged 30s - 40s) Broader acceptance, normally more travelled, educated and experienced however there is still an underlying sentiment of ‘do it our way’. d. Generation Y aka Millennials (1980 1994; Aged 20s - early 30s) Still broader acceptance again, more travelled and educated. They have an increased desire to understand differences and question the status quo of ‘white Australia’. It’s not cool not to accept others culture. e. Generation Z (1995 – 2010; Aged kids – teens) Acceptance and in fact it is unusual for them not to have friends who are from a diverse cultural group. They have a hunger to learn about other cultures. They can see where previous generations have made huge mistakes so we have a lot to learn from other cultures. f. Generation Alpha (2011 onwards) No judgement To date, how has the delivery of Aboriginal cultural awareness workshops helped organisations in cultural diversity and equality? You don’t always have the opportunity to get feedback once you have delivered training and a few months have passed however if I use Qantas as an example our intervention has resulted in an 80% increased retention rate of Indigenous trainees.

Some comments from other organisations have been; • Very practical and applicable in the real world. • I have become more conscious of my interactions with my Indigenous employees and listening skills in particular. • I am more aware of the role of my team in advocating within the wider organisation. • I will be implementing culturally safe change management process in next 12 months • I will be driving change within my workplace and personal/professional practice to a place of inclusivity and cultural competence How do you deal with employees that have the “I know it all” attitude to disgruntled employees who were pressured by their employers to attend the Aboriginal cultural awareness workshop? The honest truth is you are not going to be able to please everyone, some people have already made up their minds and you can’t reason with the unreasonable. However when we engage our contract trainers, we look for people who are experienced and have a natural understanding of Emotional Intelligence. That is; they are able to manage their own emotions and the emotions of others.

Naturally we also have a feedback form and take comments very seriously; this has enabled us to improve on our approach. Although Across Culture has 11 different courses, it shares the same main theme and topic. Can you give us some examples on the differences? All of our courses have come about through feedback from individuals and organisations. We don’t have listed all of our products as many have been designed specifically for organisations. The main theme is to move organisations beyond cultural awareness towards cultural competence. We build the cultural capability of organisations so that they can work more effectively with other cultures. To be able to build cultural capability/ competence we need to focus on different areas of the business and employee roles. So for example we work with managers and supervisors to increase their knowledge and skills or we may work with staff to build more effective cross cultural teams. In some instances we develop mentor strategies and/or a team of mentors to address particular areas of the business such as increasing the retention rate of Indigenous

We like to talk with our customers to see where they would like it delivered. In remote NT we delivered a mentoring course outside on a basketball court. We have delivered nationally. A breakdown as per industry There seems to be more acceptance in the customer service and the humanities sectors. We have done some work in the engineering market however there doesn’t seem to be a great deal of uptake in the building industry. The common response I get is, ‘no money in the budget’. employees or to transfer knowledge, build leadership and management skills within a cultural context. In some instance governance training may be required however we approach governance with a cultural ‘flavour’. Our ‘Work and Culture’ workshops were developed for people who gained ‘fly in fly out’ positions in the mines. We would work with them to help them to understand some of the issues, how their lives may change in terms of changing social networks, financial management and what it may mean for their families. This is all done within a cultural context. These workshops have now be customised to suit those commencing employment for the first time or are long term unemployed. What are some the common questions asked by the participants in the workshops? • How do we apply cultural awareness in the workplace? • As a supervisor what can or what shouldn’t I do? • How do I engage with an Indigenous employee? • How can I make an Aboriginal employee feel less isolated? • What can I do to motivate an Aboriginal employee? • Why do Aboriginal people go to so many funerals? • What can I do about an Aboriginal employee being late for work? • How do I explain to my other workers why I have to give Aboriginal people time off to attend funerals?

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Share with us one of Across’ Culture’s greatest outcome and achievements. Winning the Supply Nation ‘Up and Coming Supplier of the Year’ award in 2015. The award was given for the culmination of a number of projects.

What makes Across Culture so unique and different in the way it delivers its cultural courses in comparison to the other 100 cultural organisations? We apply our 3 key pillars of success to every project. • Cultural Knowledge -moving beyond Cultural Awareness towards Cultural Competency • Learning and Development - the application of knowledge in a meaningful way • Organisation Learning and Change embedding the knowledge within organisations

CULT URA L DI VERS I T Y

How are the classes delivered, how often, in class, off site, where in NSW etc.? The workshops are delivered face to face; the work has been increasing to about a project a month.

I NDUS T RI A L RELAT I O NS

BRINGING BACK THE ABCC

In Master Builder’s occasional column for our politicians, WA Senator and Minister for Employment, Michaelia Cash, reiterates the Government’s stance on law and order in the building industry. As Minister for Employment I understand the importance of the building and construction industry to Australians and the economy and confirm the Turnbull Government’s commitment to reestablishing the Australian Building and Construction Commission.

comply with their legal obligations in respect to workers’ entitlements and safety, and only those contractors that are not hampered by inefficient and antiquated practices, are able to win taxpayer funded work. It is the responsibility of the Government to ensure that taxpayer funded construction projects are delivered safely, lawfully and on time and on budget.

Finally, I commend the efforts of Master Builders and its members to improve safety in your workplaces, and encourage you to continually work towards becoming an ever safer industry. Michaelia Cash Minister for Employment

The Government’s goal in re-establishing the ABCC is to address the fundamental problem of the culture and the mindset that exists within the construction industry and to re-introduce respect for the rule of law. You will be aware that the ABCC was successful in starting to change the culture in the industry before Labor irresponsibly abolished the Commission. When there is an effective regulator who enforces laws with meaningful penalties, people think twice before breaking the law. As soon as the ABCC was abolished, the improvements in culture were lost almost immediately. The sustainability and success of the predominantly small and medium businesses in the construction industry cannot be understated. This sector is a key driver of the economy and an important source of jobs growth. For too long, however, this industry has been beset by a culture in which blatant unlawful conduct has been, reluctantly or otherwise, accepted as the industrial norm. This mindset has been allowed to develop because there has not been a meaningful consequence for doing the wrong thing. This state of affairs cannot be allowed to continue. If there was anyone who was still honestly in two minds about the extent of unlawful conduct in this industry or what needs to be done to address it, the disturbing case studies examined by the Heydon Royal Commission are further examples that the argument for the ABCC has been made beyond any reasonable doubt.

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As Minister for Employment, my immediate priority for 2016 is to re-establish the ABCC so we can, once again, change the mindset that complying with industrial laws in the construction industry is merely optional. It is not. I also take this opportunity to reiterate the Government’s commitment to a strong, modern and effective Building Code that will ensure that only those contractors who strictly

SAVE THE DATE: 8TH JUNE 2016 The next MBA NSW Top 50 Builders Luncheon will have the Hon Michaelia Cash MP as special guest speaker. The Minister will discuss the future of industrial relations in the Australian Building and Construction Industry and IR policy implications for contractors. CHECK THE MASTER BUILDERS WEBSITE FOR FURTHER DETAILS.

I NDUS T RI A L RELAT I O NS

TAX RULES WHEN PAYING CAR ALLOWANCES Members are reminded that from 1 July 2015 and for tax returns for the current year, the methods of claiming car expense tax deductions have changed.

The Tax Commissioner will set the rate for future income years. Previously, rates were set based on the engine size of the car and whether the car had a rotary or non-rotary engine.

This means that businesses which pay their employees a car allowance may need to withhold tax on the amount they pay over 66 cents per kilometre.

Members should be aware the Australian Tax Office (ATO) set the approved Pay-As-You-Go (PAYG) withholding rate for cents per kilometre car allowances at 66 cents per kilometre from1 July 2015. Members should withhold from any amount above 66 cents for all future payments of a car allowance.

Prior to 1 July 2015, there were four methods for claiming car expenses: 1. Cents per kilometre – capped at 5,000 business kilometres; 2. Logbook – unlimited kilometres; 3. 12% of original value of the vehicle; and 4. One-third of actual expenses.

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The last two methods have been abolished leaving the cents per kilometre method and the logbook method as the only two available. We will now examine the detail of the two remaining methods. The Cents Per Kilometre Method The cents per kilometre method has been simplified to use a standard rate of 66 cents per kilometre for the 2015 -2016 income year, irrespective of the engine size of the car.

Failure to do so may result in the Employee having a tax liability when they lodge their tax return. In addition, the ATO has said employers who have paid a car allowance at a higher rate should discuss with their employees if they want them to increase the withholding amount for the remainder of the financial year to cover the shortfall. Taxpayers using the cents per kilometre method of claiming car expenses don’t need written evidence but they need to be able to show how they worked out their business kilometres. For example by producing diary records of work related trips.

The Logbook Method The logbook method may result in a higher claim, but there are more hurdles to jump through than before. Under this method, the claim is based on the business-use percentage of the expenses for the car. Expenses include running costs and decline in value but not capital costs, such as the purchase price of the car, the principal on any money borrowed to buy it and any improvement costs. To work out the business-use percentage, a taxpayer will need a logbook and the odometer readings for the logbook period. The logbook period is a minimum continuous period of 12 weeks. Fuel and oil costs can be claimed based on either actual receipts or the taxpayer can estimate the expenses based on odometer records that show readings from the start and the end of the period they had the car during the year. Written evidence is needed for all other expenses for the car.

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I NDUS T RI A L RELAT I O NS

MANAGING POOR PERFORMERS NSW Director Construction – Peter Glover, discusses some practical tips on managing employee poor performance.

PERFORMANCE MEETING

Managing poorly performing employees is often considered to be a complex issue, fraught with uncertainty and difficult conversations. What is a reasonable opportunity for improvement? When should a support person be offered? Should warnings be given, and if so, how many? All too often nothing is done until the employee’s poor performance reaches a critical point.

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However, members are advised that managing poor performing employees need not always be overly difficult. With some advance preparation and good documentation, your business will be in the best possible position to help if all else fails, to move towards disciplinary action and possible dismissal. In order to help your business effectively manage poor performing employees engaged by your organisation, the following guidance is provided: • Be sure to promptly address poor performance. The longer poor performance is allowed to continue, the harder it can be to address. • Plan ahead before performance discussions and know exactly what you are seeking to achieve through the discussion. • Identify the specific problem or problems and consider whether there are any organisational factors affecting the employee’s poor performance. For example: 。Is the employee clear on what their role is? 。Is it a case of inadequate training or supervision? 。Does the employee have access to the right information or tools to properly perform the job? 。Are there medical, personal or family factors involved? 。Is there interpersonal conflict present that is contributing to the poor performance?

• Make sure you have an understanding of the industrial relations framework you are operating within, including the employment contract, position description, policies and procedures, and any applicable modern award or enterprise agreement and ensure all requirements are followed or met. • Ensure that the employee is notified in advance of all performance meetings, preferably in writing and given them the opportunity to have a support person present. • Remain professional and dispassionate in performance discussions and clearly communicate to the employee: 。What the problem is with specific examples 。Why it is a problem 。How it impacts the work place; and 。What needs to be done by the employee to improve their performance • Work together with the employee to devise a solution and a reasonable timeframe for achieving it. You are more likely to achieve buy-in from an employee who has contributed to the situation. • Clearly identify the manner in which the business will monitor performance, including follow-up dates and goals and always advise the employee (verbally and in writing) of what will happen if there is no improvement. • Monitor the employee’s progress at regular agreed intervals, and continue to record examples of any ongoing issues. • Remember there are different levels of escalation for performance issues and the appropriate action will depend on the circumstances of each case. Options include counselling, training and written warnings up to dismissal for serious cases. While a “three strikes” warning system is commonly considered mandatory in all cases, this is misconceived.

•

Unless your contract of employment, enterprise agreement, policy or procedure provides for this, three warnings are not a general legal requirement and may not be appropriate in the particular circumstance. Take detailed notes or arrange a notetaker during performance discussions, and always send a confirmation email or letter to the employee confirming what was discussed and agreed on. Consider training on dealing with poor performance and conducting difficult conversations. Managers are often promoted based on their broad skill set and value to the business, and may require assistance in developing these crucial skills. Members are also advised not to wait until annual performance review time to raise important performance issues. Addressing issues as they arise can help stop the problem from getting worse and avoids surprises during performance review time. Do not try and wait for the ‘perfect time’ to bring up performance issues – there will never be one. Addressing poor performance will involve challenging discussions, but those discussions are much easier where there is a single issue to deal with rather than a persistent pattern of behaviour. Do not try to simply rely on your memory alone, even in relation to informal discussions. Document everything in case it is needed later on.

Members are also advised that Master Builders’ Industrial Relations Department can provide advice on managing poor performing employees as well as representation before the Fair Work Commission on such matters.

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LEG A L

WHEN MITIGATION BECOMES REPUDIATION: THE PERILS OF TERMINATING BUILDING CONTRACTS In brief - Consider risk of mitigatory conduct and seek professional advice Principal seeks to terminate contract in residential building dispute The case concerned a residential building dispute. The appellant (“the Contractor”) had entered into a building contract with the respondents (“the Principal”) to carry out building works under a standard Master Builders Association style contract.

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Andrew Murray

A decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales, delivered on 12 February 2016, is a timely reminder of how easily an act of mitigation can be construed as an act of repudiation. While the “one must mitigate one’s loss” mantra is so ingrained in the minds of principals, contractors and practitioners alike, careful consideration should be given to how intentions are communicated when terminating a contract.

Disputes arose regarding the rate of progress, the scope of the work to be performed and the difference between the value of work carried out and the amount of the contract sum remaining to be paid. Solicitors were engaged and voluminous correspondence ensued. On 26 July 2013, the Contractor suspended building work by reason of an alleged failure on the part of the Principal to pay an outstanding invoice of $27,000. A mediation was held, but was unsuccessful. By solicitors’ letter dated 13 September 2013, the Principal advised the Contractor that it had grounds to terminate the contract because, amongst other things, the Contractor had failed to proceed with the works with due diligence and in a competent manner and had wrongfully suspended the works.

By letter dated 16 September 2013, the Contractor’s solicitors addressed issues of scope of the outstanding works and made a settlement proposal. Principal and Contractor both claim wrongful repudiation of the contract In their response dated 17 September 2013, the Principal’s solicitors wrote the following fateful words: …For the reasons set out in our letter of 13 September 2013, our clients must mitigate their losses and intend to proceed to terminate the Contract… Our clients are presently seeking quotations for the completion of the works. Upon receipt of an acceptable quotation, they will terminate the Contract and engage a new contractor to complete the works. We are not instructed as to when that will occur but we understand that those discussions are well underway… In the intervening period and until such time as our client terminates the Contract, we invite a reply to this letter. We urge your client to act promptly.

The decision referred to but omitted to provide detailed consideration to the second basis of termination. Ultimately, this omission was held to constitute an error of law that enlivened the Contractor’s right of appeal. Appeal Panel finds that Principal’s letter showed intention not to be bound by the contract The Appeal Panel of the Tribunal allowed the appeal and found that the Principal’s conduct, as evidenced by its letter of 17 September 2013, demonstrated an intention not to be bound by the contract. In doing so, the Appeal Panel relied upon a number of authorities, including the statement of Fullagar J in Carr v J.A. Berriman Pty Limited (1953) 89 CLR 327 at 351, in which his Honour found that the following factual scenario constituted repudiatory conduct on the part of the owner: No response was made by the Contractor to the Principal’s letter of 17 September 2013 and, on 26 September 2013, the Principal’s solicitors again invited a response, asserting an accrued right to terminate the contract but concluding: If your clients have anything to say to our clients before the Contract is terminated, please advise promptly. Our clients otherwise reserve their rights – whether under the Contract or at law. Ultimately, it was the Contractor, and not the Principal, who brought about the termination of the contract. By letter dated 20 October 2013, the Contractor asserted that the Principal had “indicated an intention not to be bound by the Contract”, as evidenced by the failure to pay the sum of $27,000 within time and the statement that “they intend to terminate the Contract and retain persons unknown to complete the building works”. The Contractor characterised this conduct as wrongful repudiation of the contract and purported to terminate the contract as a consequence. In typical manner, the Principal subsequently alleged that the Contractor’s manner of termination was itself unlawful and amounted to a repudiation of the contract. Each party applied to the Tribunal for damages.

The Appeal Panel found that, viewed objectively, the Principal’s letter of 17 September 2013 “manifested an intention to terminate the contract once the respondents had received quotations from others for the completion of the work” - a process evidently already embarked upon by the Principal – and was not expressed to be conditional upon anything other than receipt of an acceptable quotation. The finding that the Principal was entitled to payment of damages was quashed and the whole matter remitted to the originally constituted Tribunal to determine the outstanding issues of quantum. Courts may consider issuing requests for tender as showing intention to repudiate contract Lest it be said that the decision of the Appeal Panel in this case turned entirely upon an unfortunately worded solicitors’ letter and is not of general application, consider the following (not infrequent) scenario: • a principal becomes aware that it may shortly have a right to terminate a construction contract with its head contractor, whether

In the hands of the incumbent head contractor, such request for tender may well, depending upon its terms, have every bit of evidentiary force as the Principal’s letter of 17 September 2013 in this case and permit that head contractor, despite any substantial breaches of its own, to contend that the principal has itself repudiated the head contract, entitling the head contractor to the payment of damages.

Seek professional advice when considering terminating a contract Whilst the desire to mitigate loss in the face of unfortunate circumstances is understandable and, in most cases, rewarded by legal doctrine, in some situations mitigatory conduct can expose a principal to significant risk. The same considerations apply equally to head contractors when dealing with subcontractors. That is not to say that a principal or head contractor can never invite quotations for work being performed by an incumbent builder – the key lies in the manner in which the invitation is communicated. When faced with prospects of terminating a contract, all parties should proceed with utmost care and seek professional advice as to the potential consequences of their actions. Andrew Murray is a lawyer in the construction and engineering team at Colin Biggers & Paisley, email asm@cbp.com.au.

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Tribunal finds Contractor’s termination invalid At first instance, the Tribunal found in favour of the Principal, concluding that the progress claim for the sum of $27,000 (the non-payment of which was relied upon by the Contractor

It is in this state of affairs that the building owner announces that he has engaged another contractor to carry out a large part of the work comprised in the contract. A reasonable man could hardly draw any other inference than that the building owner does not intend to take the contract seriously, that he is prepared to carry out his part of the contract only if any and when it suits him.

by reason of the likely insolvency of the head contractor or the commission of substantial breaches of contract • the right to terminate accrues only after an event that appears imminent but has not yet taken place (such as an admission of insolvency or the appointment of an administrator, receiver or liquidator) or the completion of contractual machinery (such as a show cause process) • the principal, understandably, wishes to mitigate the loss and damage it will suffer if the termination event occurs and shorten the period of time before a suitable replacement head contractor is engaged • whilst awaiting the occurrence of the trigger for termination, the Principal issues a request for tender to the market (or a selection of potential head contractors) for work which includes the incomplete works the subject of the existing head contract

LEG A L

as part of its purported termination right) had not been validly issued with the effect that the Contractor’s termination on 20 October 2013 was invalid.

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MAKING THE MOST OF YOUR MASTER BUILDERS MEMBERSHIP Make sure you get the most value out of your annual membership by using all the discounts, products and services available only to MBA members. You could save yourself more than the cost of your annual subscription - here’s how.

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There are significant savings to be had by tapping into your member-only exclusive discounts offered by some of Australia’s biggest brands in telecommunication, software and motoring. Some of these suppliers include Telstra, Toyota, Caltex StarCard and Avis. Please see our website for full details of these, and all member-only discounts. We also provide a large range of contracts, site signage, technical manuals, business forms and companions, protective and professional clothing, first aid kits and much more. The above products and discounts coupled with our range of professional advice and

services from our dedicated legal, work health safety, industrial relations, training, apprenticeship, events and building awards, insurance, financial services and member services departments provide a very comprehensive service for those in the construction industry. Let’s now take a closer look at one of our most frequently used service departments Legal. The legal department assists with• Contract selection and special conditions advice • Contract interpretation, and advice on specific contract provisions. • Contract variations • Letters of demand and correspondence e.g. debt recovery • Drafting legal documents e.g. deeds of release • Dispute resolution - informal and formal proceedings

• Guidance in contract administration and other legally binding documents • Advice on Security of Payments Act 1999 (NSW) and the Home Building Act 1989 (NSW) These are just some of the most frequently used legal services. If you require legal advice why not speak to one of our lawyers. They may save you time and unnecessary expense. If you have any questions regarding our service offerings please contact Member Services on (02) 8586 3515 or email us at membership@mbansw.asn.au Graham McGuiggan Manager Member Services

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P RO CUREM ENT

MASTERING SOCIAL PROCUREMENT: ABORIGINAL PARTICIPATION IN CONSTRUCTION (APIC) POLICY “It takes 10,000 hours to become a master at something”- Malcolm Gladwell We often forget that it takes time, the courage to fail, persistence and leadership to master anything new. Ten thousand hours in working days are about 4 years. Becoming masters in Aboriginal participation will not be an overnight story. It will take time to achieve the outcomes of enabling Aboriginal people to actively influence and fully participate in social, economic and cultural life. As the business community, we have a key role to play to directly broaden opportunities for Aboriginal training, employment and business and indirectly influence an increase in school attendance and retention. Mastering social procurement is no different to mastering a building or construction project. You do have to start with what you want to achieve, where you want to get in the end. Social procurement will require you to plan, design,

pilot, build and review your social procurement requirements in the same way as you manage any construction or building project.

coming up with an excuse why not to do social procurement, will cost your organisation more in time and money than getting it done.

Construction and building projects always have deadlines. Seldom ever do you have the luxury of 10,000 hours to become a master. You are slave to delivering your project safely, on time, on budget and to the specification. When a project is delayed, it is always the contractor’s fault.

Successful projects are the ones where the effort is taken at the front end of the project. It takes courage and ongoing demonstrated leadership to achieve the outcome. I think it will take 10,000 hours before you can claim to have mastered social procurement.

But...we all know that not everything in a project is critical path. Much can be done outside of the high risk and critical path areas.

How to master social procurement? The following 5 steps are recommended to assist with social procurement: 1. Plan The outcome from your planning will be the development of your Aboriginal Participation Plan (APP). However, I would like to stress the importance of engaging with the right partners long before any project commences.

The targets are modest and achievable. For 2016, it requires a maximum investment of $15,000 in every $1,000,000. On the longer term, it means a maximum of $50,000 for every $1,000,000. I don’t want to be rude but

ABORIGINAL PARTICIPATION IN CONSTRUCTION

DELIVERING POSITIVE SOCIAL PROCUREMENT

CATEGORY 1

Project Primarily directed at Aboriginal Communities

1st MAY 2015

1st JULY 2016

LONG TERM

Indicative minimun target of 1.5%

Mandatory minimun target of 1.5%

Mandatory minimun target of 5%

APP REQUIRED WITHIN 60 DAYS OF CONTRACT AWARD

CATEGORY 2

Projects over $10 million

Indicative minimun target of 1.5%

Mandatory minimun target of 1.5%

Mandatory minimun target of 4%

APP REQUIRED WITHIN 60 DAYS OF CONTRACT AWARD

A P R I L / M AY 2 0 1 6

CATEGORY 3

Projects over $1 million, less than $10 million

Indicative minimun target of 1.5% APP RECOMMENDED

Mandatory minimun target of 1.5%

Mandatory minimun target of 3%

APP REQUIRED WITHIN 60 DAYS OF CONTRACT AWARD

2. Design Similar to any project, you will work through the different options available. It needs to consider the pathways (yes, this is a journey not a once-off contract requirement) to increase Aboriginal opportunities for: • training; • employment; and • the provision of services and goods. It works to start with including experienced Aboriginal companies in the process but it is easy enough to start with non-critical path areas.

The social procurement process will take more time and will require a different mindset and different way of contracting. Therefore it will need to be included in the design process. 3. Pilot The concept of piloting is well known and works well in the building and construction industry. It provides the opportunity to test, evaluate and redesign. It fits perfectly in social procurement. Work on a pilot scale, test and evaluate and be prepared to redesign. Don’t stop at the pilot and realise that as the journey progresses that the pilots will become larger. 4. Build The goals allow business to start small and grow their social procurement. It is an ongoing process. Social procurement is a social investment. Similar to any investment, it will take time, nurture and sometimes it will have to change direction. It is important to think as a visionary but keep your feet on the grounded and remain real and practical; taking one step at a time forward aiming towards where you want to get to in the end. 5. Review Rome was not build in a day. Yet Rome became an empire. Why did Rome fall? The Caesars lost sight of the end. The process of review and learning lessons is a key part of a successful project and to measure how we are going towards achieving our goals and mastering social procurement.

P RO CUREMENT

When we engage with Aboriginal partners we must be willing to actively listen and earn trust. Did you know that there are more than 580 NSW registered building and construction suppliers registered on Supply Nation – and they have previous experience? There is another 50 vendors registered without experience. The 580 vendors do not include any ancillary vendors that can provide the low hanging fruit such as warehouse personnel, rags, office products, PPE and stationary. There are many different vendors registered with Supply Nation.

It is also a good time to celebrate success. The more we find reason to celebrate the successes, even small ones, the more we will encourage those who need just that extra little nudge to be able to participate. Social procurement creates an opportunity to build a bridge between Aboriginal and nonAboriginal people. I respectfully leave you with Elder Nelson’s words: “No one accepts being told what to do, what is going to happen to their families, homes – land and water, cultural sites of significance, or how to live your life. So it is important to engage with community, including leaders, Elders and the community people themselves.” Please note: The views and opinions expressed in this article are those of the author specifically and do not necessarily represent any official policy or position.

A P R I L / M AY 2 0 1 6

Celia Jordaan Principal Consultant Ichiban Commercial Solutions Pty Ltd

T RA I NI NG

SIGNIFICANT CHANGES IN CIVIL CONSTRUCTION TRAINING The landscape of training for civil construction has shifted in recent months. Apprenticeships and Traineeships: On 29th February, 2016, Training Services NSW (a part of the NSW Department of Industry) announced a re-structure of traineeships in the Civil Construction sector. Previously, qualifications in the civil construction area were offered under a traineeship for the following job or project roles: • Bituminous Surfacing • Bridge Construction and Maintenance • Pipe Laying • Road Construction and Maintenance • Tunnel Construction • Timber Bridge Construction and Maintenance

Master Builders Training Department is pleased to offer on-the-job apprenticeship and traineeship delivery in the following qualifications within the civil construction area: • RII30815 Certificate III in Civil Construction Plant Operations • RII30913 Certificate III in Civil Construction

Those working in these areas are now considered an apprentice and must be treated as such under the Building and Construction General On-Site Award 2010.

Training for these qualifications is flexible in its schedule so that the impact on your business is minimised. Your projects will not be delayed by the time that our trainer/assessor is on site with your trainees and apprentices.

For those working in Road Marking or Traffic Management, they remain a traineeship opportunity.

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These are significant changes in the employment conditions and training delivery for both new and existing employees in the civil construction industry. As an employer, it is important to ensure that you have reviewed the Award and have made relevant changes to employment conditions. Competency Based Progression now applies to all those who are enrolled into an apprenticeship, which includes those who have transitioned from being a trainee to an apprentice. The qualifications delivered as apprenticeships are now a three (3) year term, while traineeships remain as a two (2) year period.

These qualifications are delivered with a mixture of on-the-job training and self-paced study. Participants will gain vital skills and knowledge to work safely and effectively in the civil construction sector, including the operation of plant and machinery, where relevant.

Contact our Education Centre today to enquire about these apprenticeships and traineeships for your staff. Call 02 8586 3588. You can also speak with the Master Builders Apprenticeship Services department about employing apprentices and trainees for your Organisation. Call 02 8586 3533 for more details. Earthmoving / Plant Courses: Undoubtedly, one of the biggest risks in a civil construction setting is the safe and effective use of heavy plant and machinery. While the operation of civil plant has not been a SafeWork licensing requirement for a few years now, anyone who is going to be operating plant must be trained on its safe use prior to operating on site.

It is highly recommended, and required by some principal contractors, that plant operators undergo a Verification of Competency (VOC) assessment on an annual or project basis. VOC is a process that can be delivered on site, where an MBA trainer/ assessor can attend your work site to assess the competency and quality of your plant operators. This can help to identify any bad habits that the operator may have picked up and correct them. Having your operators undertake VOC programs can also assist in reducing your maintenance and insurance costs, as you are ensuring that your company is meeting its obligations of providing ongoing training, supervision and professional development for your employees. Master Builders is able to offer training programs and VOC services for the following items of plant: • Backhoe • Excavator • Front End Loader • Skid Steer You may undertake courses for an individual item or a combination of these machines. Contact our Education Centre today to enrol into a course of your choice. Call 02 8586 3588. Darin Grace Training Manager

Are your quantities adding up?

Get the latest release

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W OMEN I N CONS T RUCT I O N

FEMALE TRADIE “You may encounter many defeats, but you must not be defeated. In fact, it may be necessary to encounter the defeats, so you can know who you are, what you can rise from, how you can still come out of it” Maya Angelou

A P R I L / M AY 2 0 1 6

Omesh Jethwani, Government Projects & Programs Manager interviewed Penny Petridis, a carpenter and metal fabricator on her career journey in the building and construction industry. So how did you begin your career in the building & construction industry? In 1992 I enrolled into my first trade - Metal Fabrication Engineering. In the first two years I held a position building structures of cars such

as hot rods and custom cars before moving on to more of the building side of things in the last two years of my apprenticeship. I worked on many metal projects, including the restoration of The Tall Ship James Craig and the Cape Bowling Green Lighthouse that stand at the maritime museum after which I slowly started to dabble in the construction of buildings which was incredibly exciting.

However, I was involved in a car accident and broke my leg in several places which, caused me to have a break from the heavy trade work for some time. It wasn’t until 2009 – after a 10 year absence from tools - that my sister convinced me to do my trade in carpentry. She was completing her Diploma in Building and Construction at the time and was building her own home. Just the thought of being able to get back in the trade sector excited me.

Do you think there has been an improvement of women intake in the building & construction industry? A very slight improvement. As I mentioned, I did have a 10-year break between trades and when I returned to the industry I was so shocked to see that there wasn’t a big increase of women at all. I could understand if there weren’t many in the metal and fabrication side of things because I must say that’s a pretty tough trade. But carpentry?! Sheesh! I know women love woodwork! How many carpenters do you know? I am pretty sure most of you would say none or - at the most - one. Even those in the industry including many builders - are shocked to see me when I turn up on site. What about plumbers? How many female plumbers do you know and electricians? Well I don’t even know one. I am shocked and don’t understand it and that is why my vision and inspiration is to do everything in my power to help change that. A couple of months ago, you placed an advertisement on Gumtree for a female apprentice. Tell us more about it. A couple of months ago, I placed an advertisement on Gumtree looking for apprentices. Unfortunately, my advertisement got removed and banned from the site under the Discrimination Act. It didn’t take me long to enrol in TAFE and land a job working for a family business operated by Brian and Craig in building and maintenance. I spent a few years there doing various building works but wanted to concentrate more on the carpentry work which was the beginning of my first business venture – Deck’d Out

Recently you had a market stall at Sydney’s Gay and Mardi Gras Fair Day - Tell us more about it? Yes, after my little issue with Gumtree I needed to find another way to just reach out to women for many reasons. Firstly, yes my business is growing and I needed people to work with me so we could service all of our customers. However, I just wanted to put myself out there to use my experience and contacts to be a support for anyone interested in getting involved.

This is why I feel like I need to do something about this. This is too big for me to leave unnoticed. This is why I ran my stall at fair day, to be the support and create a network. It was a huge success and I am so excited and proud to be a part of what I feel will be a shift in women’s’ participation in the industry. You have recently introduced the use of a power tools workshop for women. Tell us about your workshop. There is a massive amount of interest in women wanting to get their hands on some tools. We have introduced our workshops, as there isn’t much out there in regards to gaining skills. To date, how many workshops have you delivered and how many women have completed the workshop program? We are currently setting up the workshop and aim to have it running by April 2nd. We are based in Marrickville and will be holding woodworking classes on Saturdays and building and maintenance repair work on Tuesday nights. For more information log on to our website www.femaletradie.com.au Is your workshop funded by the State or Commonwealth government? No, unfortunately it is not. We applied for a grant last year but unfortunately, we were at the tail end of the funding and we just missed out. To date have you received any sponsorship from building suppliers who share the same vision as you? No at the moment we have not received any sponsorship, but we would be ever so grateful for any tools or materials that could help fund this project. Lucky enough Harry from ”My Real Estate Needs“ has looked after us with our workshop to get us started which has been amazing but now we just need to fit it out. Omesh Jethwani Government Projects & Programs Manager

A P R I L / M AY 2 0 1 6

When and why did you decide to start up your business named Female Tradie? In 2014 I wanted to expand from just building decks and move on to larger building projects. This is how Female Tradie came about. I knew there weren’t many female tradies out there and just wanted to keep it simple for those looking to get any work done.

I responded to Gumtree advising them that Female Tradie is a registered business name and I was advertising for apprentices looking for work. I had my business logo on the image and they were not having a bar of it.

I have people stopping me in the street asking me for guidance of where they can get started in finding work in the industry or even asking me to teach them as they want to be able to fix up their own homes. I get smiles and waves from so many when they see me driving around in my van.

W O MEN I N CONS T RUCT I ON

With the ongoing heated debates on gender equality and diversity, what are your personal views? I believe there are always going to be those who oppose or don’t understand other people’s choices as we all grew up differently and hold different sets of values. At the end of the day, it is not something that I think about and therefore, it does not stop me chasing my dreams and goals.

WORK P LA CE HEA LT H & S A FET Y

DRUG AND ALCOHOL TESTING

A P R I L / M AY 2 0 1 6

The Building code requirement from 16th October 2015 will have a significant impact for construction sites. Although this is only mandatory for Commonwealth funded sites or where there is Commonwealth funding over the identified cap, the implementation for “fitness for work” within the building industry is occurring. Recent statistics indicate that the construction industry has the third highest use of substance abuse at 22.9% and construction workers are at one of the highest risks of alcohol use. The Australian Drug Foundation (ADF) estimates drugs and alcohol cost businesses $6 billion a year in loss of productivity and absenteeism.

A drug test is described as a technical analysis of a biological specimen – usually urine or oral fluid /saliva. This sample is then used to determine the presence or absence of specified parent drugs or their metabolites. The Standard drugs tested for include: • Amphetamines (e.g. Dexamphetamine, Ecstasy, ADHD medication) • Methamphetamine (e.g. ice, speed) • Cocaine (e.g. Coke, crack) • THC (e.g. Marijuana, hash) • Opiates (e.g. Morphine and codeine) • Benzodiazepines (e.g. Xanax, Valium, Diazepam

The drug tests have pre-determined cut-off levels of the substances to be detected as documented by the Australian Standards AS/NZS 4308-2008 and AS/NZS 4760-2006. These levels have been designated by Australian standards and have been determined at the level a “person is unfit for duty under the influence of a drug”. For employers, there are three fundamental components that need to be implemented: • Fit for work Policy and procedures • Provide Drug awareness training • Implement Drug and alcohol testing

W O RK P LA CE HEA LT H & S A FET Y

Please call Mend on 1300 176 774 who can assist with the development of your drug and alcohol Policy and procedures, provide training and testing on site. Fiona Curdie-Evans Managing Director, Mend

A P R I L / M AY 2 0 1 6

There are legal requirements to meet minimum thresholds for random testing within Building code on federally funded sites, which is approximately 10% of the workers on site. In implementing random drug testing the business need to consider a number of factors: • Which sites will be tested? • What drug testing method will be used? • Who is the workforce? • Percentage of workforce to be tested? • The mechanising to manage preliminary positive results and chain of custody process? • Provision of training • How will you manage and support your workers if a confirmed positive result

FEAT URE

Software –

Finding the Right System for Your Business There are many factors to consider when purchasing business management software. Here are some tips to help you make a better, more informed decision. The good news – it’s easier than you think.

In a world becoming increasingly overrun with generic, one size fits all solutions, it is essential that when you make a decision about the system that is going to support your growth over the next 5 – 10 years that you choose carefully, and wisely. There are many traps out there, ready to snare the unsuspecting buyer. When purchasing Business Management Software, you should plan for the future. It is not a wise decision to look for a solution for where your business is currently – if you do, you will very quickly find that you have to throw good money after bad just to play catch up. It is, therefore, wise to base any decision on where you envisage your business to be in the future – and will support your business as it continues to grow. You are not just buying software – it’s not a stagnant one-off purchase – you are investing in a business partner, a team of people who will support your business, grow your business; and ensure your business prospers. Get this wrong and it could be a very costly, time-consuming mistake.

A P R I L / M AY 2 0 1 6

The following are some tips to help you find the right solution for your business. Involve your team early Before you do anything, and I really mean ANYTHING – ask for feedback from your team. Don’t forget that many staff have the WIIFM (What’s in it for Me?) attitude. If you find a solution that you are happy with – then you may be the only person who uses it. Getting feedback, and input from your team will give

them ownership, and a commitment to change, before you spend any money on a product you have to force or coerce your staff to embrace. Analyse your current system What do you like about your current system? What works and what doesn’t? What in your current systems causes you the most pain? What features does your current system lack? What if you don’t have a system? What happens to your family, you employees, and your clients; if all your knowledge, all your projects, your pricing, is all in your head, and you get hit by a bus tomorrow? Would your business survive without you? Establish a ‘must have’ and ‘nice to have’ list At this stage you shouldn’t even be considering features – think big picture first. Consider the following as a first step… • Scalability – How will the software grow as your business grows? • Security – How secure is my data, and can I set security levels for different user groups? • Support – How quickly will I get help, and where is the support situated? • Ease of Use – How intuitive is the software? How steep is the learning curve? • Implementation – How long before your team can utilise the software? • Who owns the Software? – If you stop paying subscription fees, can you still access your data? Are you leasing access to a system? If the data is cloud-based; who owns the data?

• Corporate Values – Make sure that you know what business values are important to you so that you can look for them in your software provider. If your values and ethics aren’t a match now – will they be a match in the future? • Once you have the big picture sorted out, now look at the features. • What do you need the system to do? • Is a fully integrated CRM, Estimating, Project Management, Scheduling, Accounting and Payroll system the answer? • Do you have existing systems you want to keep and need to integrate? • Is remote access important to the future of my business? If it is – then what platforms/ operating systems are supported? • Who needs to access the system and how many people can access the system at once? How easy is it to purchase additional licences? Can you purchase additional short time licences to cover you at the really busy times? Once you have created a list of features separate it into two categories – ‘must have’ and ‘nice to have’. Your ‘must have’ list should be short and outline the features that are absolutely necessary for your business, taking into account your future growth. The ‘nice to have’ list can be broader and features should be listed in order of priority, encompassing all of the capabilities that will make running your business easier.

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FEAT URE Clarify your budget Set a budget and allow for other expenses, such as an upgrade of your existing hardware, network, and remote access solutions. Also consider: • Will you be able to use the device out of the box, or will it require customisation? • What are the ongoing maintenance expenses? Reduce your options – make a first cut Once you have your ‘must have’ and ‘nice to have’ lists and a budget, you can shortlist your options. Evaluate the available options and eliminate those that lack the features you need, leaving just two or three products that have a highquality customer support, a solid track record, and a broad user base. Evaluate the options From the remaining options, determine which products deliver the most ‘nice to have’ features.

A P R I L / M AY 2 0 1 6

Are there add-ons that you can purchase at a later date as you need them? If you don’t need scheduling now – but you will in the future, is that an option that can be added later on? Choose your finalists – make a final cut! Book a demonstration. See the system in operation. Get a feel for how the system will work in your business. Once again – involve your team. Involve ALL the decision makers.

Make sure you are happy with the system before you buy it. Book a second and a third demo. Book as many as you need to be sure you are making an informed, educated decision. If that’s a problem for the software sales team, before you’ve handed over the cash – imagine what it’s going to be like getting help when you need it from the support team! Plan the transition To avoid issues and downtime as much as possible, take the time to plan the transition to the new system. Know how long the system is going to implement. Break the transition into small steps and take it one step at a time. Expect teething problems. Schedule training early – ignorance breeds fear. Make sure your team knows what is happening each step of the way. Be transparent. Get that commitment to change early. For example: • Avoid implementing new software during your busy times • Allow for system redundancy to ensure that none of your data is lost during the transition. If you are changing your accounting software – consider running the old system until the end of the financial year so that end of year close is not overcomplicated. Start the new year fresh in the new system. There are a lot of examples of new systems jumpstarting an organisation and being the catalyst for huge growth – you can only build a home with the right tools. Better tools should

mean you build better homes. But often the reverse can happen. Buy the wrong tool, one that’s too complicated to use, or doesn’t complement the way you build and you have trouble with a capital “T”. All too often decisions about software are based on uninformed recommendations or rushed evaluations, trying to find a quick solution to an immediate problem. Decisions are often based more on the need to act quickly than educated, considered choice. On the other hand, some people identify the need to change, and are unable to commit to it – no matter how much they evaluate a system and know in their hearts that it is the right decision. This is usually due to fear. Fear of change. Fear of making the wrong decision. Fear of the economy. Fear of the future. Don’t let fear cloud your decision. If you have truly identified the need to change – then change is what you need to do. Failing to make a decision can be as detrimental to your business as making the wrong decision. In some cases, it might even be worse. In summary – evaluate your current system. Define your needs. Learn about the available options, thoroughly assess their suitability to your needs and prepare your team to make the most of them. Finding the right business management system and setting it up to support, not inhibit, your workflow is a matter of finding something that really fits your business and your team. Ask questions – expect answers. Make an informed decision, and sit back happy in the knowledge that your business has the correct system in place to support you now and grow with you into the future.

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FEAT URE

SHOWCASING THE BEST Metal Roofing and Cladding Association of Australia “Awards of Excellence 2015” showcases the skills of Contractor members. The following award entries were entered in the building categories of single residential, multiple residential, commercial, industrial and public works. The projects included new buildings as well as refurbishments

Some of the roofing and cladding products used in the entries included: Colorbond® steel roofing and cladding, Twinwall® polycarbonate sheet roofing, Spotted Gum Hardwood cladding, Vitrapanel® CRC Cladding, Kingspan Roofing, Mill Finished Zinc roofing and cladding, Ampelite Skylight roofing, Ampelite gel coated cladding, Azure cassette system cladding.

The diversity shown in the range of buildings showcases the quality and skills of the Contractors using a wide range of roofing and cladding materials and products.

SELECTED EXAMPLES OF THE WINNING PROJECTS:

COLORBOND® CGI STEEL HOUSE ROOF

TWINWALL® CURVED POLYCARBONATE SHEET SWIMMING POOL ROOF

An extremely large residential roof required attention to detail making sure batten layout, material dimensions and all fixing details.

A complex project replacing existing materials over a swimming pool on the roof of a 30 storey building.

A P R I L / M AY 2 0 1 6

ROOFING MATERIAL: COLORBOND® PROJECT: HOUSE ROOF IN KENTHURST ROOFING CONTRACTOR: METAL MASTERS HOME IMPROVEMENTS

ROOFING MATERIAL: TWINWALL® PROJECT: ONE DARLING HARBOUR ROOFING CONTRACTOR: RED 8 ROOFING

FEAT URE COLORBOND® CUSTOM ORB® PANEL RIB LINER AND CFC CLADDING

VM ZINC HOUSE ROOF

All cladding materials were backed with panel rib to form an air-tight dust free cladding.

The existing roof was straightened after the removal of the existing tile roof. High attention to detail with special hand tools used to dress the seams.

COLORBOND® SPEED DECK 700 ULTRA SCHOOL ROOF

AMPELITE POLYESTER ROOFING AND CLADDING

CLADDING MATERIAL: COLORBOND® STEEL AND SPOTTED GUM HARDWOOD PROJECT: BEGA HOSPITAL CLADDING CONTRACTOR: AXIS METAL ROOFING

ROOFING MATERIAL: COLORBOND® PROJECT: DUNLEA CENTRE ENGADINE ROOFING CONTRACTOR: SPACKMAN AND KENTWELL ROOFING

To provide as much serviceable floor area in a restricted land space required in a complex roof with numerous hips and valleys that were both functionally and visually pleasing.

ROOFING MATERIAL: AMPELITE WEB GLASS PREMIUM GEL COAT SKYLIGHT CLADDING MATERIAL: AMPELITE GSM POLYESTER GEL COATED SUPER SIX AND METALLIC FINISH PROJECT: SYDNEY BOATHOUSE ROOFING AND CLADDING CONTRACTOR: IDEAL METAL ROOFING

The design resulted in a bright natural light building. The Cladding product was designed between the Contractor and the architect in conjunction with the manufacturer.

AZURE CASSTTE PANEL CLADDING

COLORBOND® CUSTOM ORB ROOFING AND CLADDING

The Azure cassette panels offer excellent waterproofing via pressure equalisation, acoustic benefits, thermal performance and cyclone protection.

The project had the challenge of constrained boundaries and the design resulted in many tight internal and external corner sections.

CLADDING MATERIAL: AZURE PANEL PROJECT: MACKAY HOSPITAL CONTRACTOR: LANGTON ROOFING AND CONSTRUCTIONS

A P R I L / M AY 2 0 1 6

ROOFING MATERIAL: VM ZINC QUARTS STANDING SEAM ROOFING PROJECT: POINT PIPER HOUSE ROOFING CONTRACTOR: STERLAND ROOFING

ROOFING AND CLADDING MATERIAL: COLORBOND® STEEL PROJECT: BARDEN RIDGE FIRE STATION CONTRACTOR: ROOF TEK ROOFING

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AUSTRALIA’S LEADING NOISE CONTROL COMPANY FOR SALE $189,750.00

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A great opportunity for a Master Builder to easily slide into the highly profitable and growing noise control market. Peace & Quiet is a well known company name with recognised material brand names, acoustic engineer tested systems and thousands of successful projects.

• Reulatory Framework • NCC Volume One • NCC Volume Two • NCC Volume Three

• Using Performance • Access Provisions • Using the NCC • Energy Efficiency

Go to www.peaceandquiet.net.au The business offered for sale includes; • Unique and registered company name with considerable goodwill. • Registered brand names for a broad range of acoustic products and formulae, many unique, • Design drawings, Spec sheets, marketing information and registered logos, • Large significant customer base including repeat customers.

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The owner is prepared to stay on for a reasonable period to facilitate handover and provide assistance if required.

For all the details of this great opportunity email: rrl.booker@bigpond.com

ACCREDITATION FOR CONTRACTORS’ SAFET, QUALITY AND ENVIRONMENTAL MANAGEMENT SYSTEMS Members are advised that Master Builders Association of NSW is a Federally Registered Organisation under the Fair Work Act 2009 and is therefore able to provide ACCREDITATION for contractors’ Safety, Quality and Environmental Management Systems under NSW Government Guidelines. Additionally, the MBA Safety Department staff are certified Exemplar Global Lead Auditors who are accredited with JAS-ANZ. Contractors seeking ACCREDITATION of their Management Systems are required to meet the following NSW Government Guideline requirements; • NSW Government WHS Management Systems and Auditing Guidelines 5th edition, September 2013 (Updated May 2014) • NSW Government Quality Management Systems Guidelines for Construction, 15 August 2013 • NSW Government Environmental Management Systems Guidelines 3rd Edition, August 2013 (Updated 30 May 2014) Should members have any further enquires regarding these new products, please do not hesitate to contact the MBA Safety Department on

02 8586 3555

FEAT URE

Green Roofs and Walls

A P R I L / M AY 2 0 1 6

From the turf roofs of Viking dwellings in Scandinavia to the ‘hanging gardens’ of ancient Babylon, green roofs have a history reaching back thousands of years. Modern green roofs and walls are building elements designed to support living vegetation in order to improve a building’s performance. Also known as ‘living’ roofs and walls, they are emerging as additions to the palette of construction techniques for creating healthy, ecologically responsible buildings.

• • • •

reduced and slowed storm water runoff capture of gaseous and particulate pollutants alleviation of urban heat island effects increased biodiversity

There is also the potential for green roofs to provide carbon sequestration. Many of these benefits also apply to green walls.

Green walls are external or internal vertical building elements that support a cover of vegetation rooted either in stacked pots or growing mats. Green roofs are an accepted part of modern building in Europe where some cities and governments have mandated their use. The Austrian city of Linz, for example, requires green roofs on all new residential and commercial buildings with rooftops larger than 100m2, and German green roof building has been encouraged by the Federal Nature Protection Act, the Building Code and statelevel nature protection statutes. Australian examples are less common but in 2007 a national organization was formed to promote green roofs, and Brisbane City Council included green roofs in its proposed action plan for dealing with climate change. Earth-sheltered houses have green roofs by design, and anyone who has grown climbers across a vertical trellis has had some experience in creating green walls. The growing interest in green roof and wall construction has been encouraged by the increasing availability of technologies that make their construction easier and more economical.

Green roofs are sometimes referred to as the ‘fifth façade’. Each of the two kinds of green roof – intensive and extensive – is appropriate for different purposes. The intensive roof is typically much heavier, supports more substantial vegetation and is much more expensive that ‘extensive’ roofs, which are often light enough to be retrofitted to existing buildings without the need to upgrade their structural capabilities. NOTE: detailed info on extensive and intensive characteristics. Green Roofs can look like anything from a lawn to a forest. Extensive green roofs that use a thin layer of growing medium to support ground cover plants with short roots are generally designed with building performance in mind rather than aesthetic concerns. Sloping and curved extensive green roofs may be seen from ground level.

Intensive roofs can support quite substantial, highly visible vegetation, cascading over the sides of the building or as shrubs and trees rising above the roofline. These landscaped ‘roof gardens’ can radically change a building’s roofline. Green roofs and external green walls (which can be small and incidental or large and dramatic) extend the scope for creating pleasant urban environments by introducing plants and greenery that are visually restful or refreshing. Proven therapeutic effects include increased productivity and reduced absenteeism.

FEAT URE

A green roof is a surface, flat or pitched, that is planted partially or completely with vegetation and a growing medium over a waterproof membrane. They may be ‘extensive’ and have a thin growing medium (up to 200mm deep) with ‘groundcover’ vegetation, or ‘intensive’ and have soil over 200mm deep supporting vegetation up to the size of trees.

Indoor greening can be an extension of the green wall concept or can include the creation of indoor planters as integral parts of the house. Green walls make it possible to have lots of greenery without using too much floor space. Imagine walking into a room with plants covering one or more wall surfaces – living greenery on vertical surfaces can create quite striking effects. Green wall systems range from arrangements of planting pots on layers of custom shelving to sophisticated vertical layers of growing medium, geotextiles and purpose-made containers. Depending on the size of the wall, large or small plants can be used and the result can be manicured and elegant or wild and funky.

Green roofs and walls have become common features in illustrations of modern architectural and urban design proposals but their implementation remains limited by perceptions of high costs and questions over their utility. A changing climate and increasing demands for high levels of environmental performance are likely to see these arguments continue to shift in their favour. Green roofs can be particularly effective in denser, more urban environments, where they can compensate for the loss of productive landscape at ground level. Examples range from herbs growing on a 2m2 bicycle shed roof, to vegetables growing on a 558m2 organic rooftop farm in New York. ‘Green wall’ techniques can be used on homes in suburban settings as part of aesthetic enhancement, to improve the overall climate responsiveness of individual dwellings, and even to treat waste water.

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A P R I L / M AY 2 0 1 6

The benefits of green roofs include: • longer roof lifespan • improved sound insulation • reduced heating and cooling requirements

SUITABLE FILTER FABRIC (A44)

FEAT URE

Green walls can humidify and oxygenate the air and, depending on the plant species, further improve indoor air quality by acting as filters, trapping dust and absorbing pollutants such as volatile organic compounds that may be given off by carpets, furniture, paints, adhesives and sealants. Insulation Green roofs may or may not include an insulating layer in addition to the soil and vegetation, but even without such a layer they provide significant thermal insulation and shading for the building. Overall insulation values depend on the type and thickness of the growing medium, and the type and extent of the vegetation. There is little available documentation for R-values; they would, in any case, vary according to the degree of saturation of the growing medium. In Australia, the energy benefits of green roofs, are most pronounced in their ability to reduce summer cooling demands. Their contribution to insulating and shading buildings can help significantly in reducing energy consumption and carbon pollution. It is difficult however, to obtain accredited insulation values for green roof construction. For specifying and code compliance purposes, thermal insulation standards should be met by conventional means with the additional insulation value of a green roof regarded as a bonus. Green walls can be retrofitted to existing homes to reduce the heat load on facades. The simplest kind is a trellis set with a gap between it and its supporting wall to create shade from vegetation with passive cooling from transpiration of the vegetation as well as convection of heat passing up through the gap. In warmer weather, green walls act like green roofs by reducing the surface temperature of a conventional wall through evapotranspiration and shading. Walls that use irrigation and hydroponic techniques provide additional cooling though evaporation.

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The direct solar exposure of windows and walls can also be reduced from shading from vegetation which might grow directly on wall surfaces, or be free-standing or supported by trellises. Deciduous vegetation (bioshading) reduces cooling demands by limiting solar gain in the summer while allowing daylight in during winter. The insulating and low thermal absorption properties of green roofs reduce the urban heat island effect.

Sound Insulation In busy urban settings the acoustically absorbent nature of soil and vegetation of green roofs can insulate against the noise of heavy vehicles like trains, trams, buses, and trucks. One office building under the flight path of an international airport, planted with a mixture of indigenous grasses and wildflowers, helped to achieve reductions in noise levels of up to 50 decibels. Durability and moisture resistance Green roofs can extend the life of their supporting structure and substrates. By preventing direct solar impact on waterproofing membranes, a green roof protects against damage from ultraviolet radiation and from constant heating and cooling of the membrane. A vegetated roof can extend the life of a conventional roof by at least 20 years and reduce regular maintenance costs. Similar benefits derive from using green walls that add an extra ‘skin’ of protection to a building. Green roofs should be designed to last at least 50 years. Replacement of any components of green roofs can be relatively costly so key structural considerations include: • longevity of the structure • appropriate drainage • waterproofing Fire resistance The soil used in green roof construction is fire resistant. The different kinds of vegetation that might be found on a green roof range from shallow-rooted succulents, which burn poorly and offer good fire resistance, to more substantial plants on intensive roofs that can include shrubs and trees. Although dry vegetation can present a hazard, the amount of dry vegetation on an extensive roof is unlikely to support more than low-intensity fires. The capacity of any rooftop vegetation to support ongoing conflagration is limited and a green roof can be expected to have good fire resistance, particularly if it is vegetated with succulents or when the growing medium is saturated. Sustainability Green roofs and walls contribute towards a wide range of sustainable development objectives, including: • storm water management • climate change mitigation and adaption • conservation and enhancement of biodiversity.

Retention and binding of contaminants (bird droppings or atmospheric pollution) can help remove harmful pollution from runoff into aquatic ecosystems. The potential for food production on green roofs is being actively investigated in Australia. Led by Central Queensland University, research includes using urban organic wastes via vermiculture for production of vegetables and development of urban rooftop ‘microfarms’. Researchers at the Welsh School of Architecture, Cardiff University, concluded that green roofs and walls could cool the local climate around a building in a city by 3.6 – 11.3degrees Celsius and the hotter the climate, the greater the cooling effect. By lowering ambient roof temperatures, green roofs enable solar panels mounted over them to operate more efficiently, with energy outputs up to 15% more than panels on asphalt or gravel covered roofs. Electromagnetic radiation can be reduced by more than 99% with a 100mm substrate depth. Habitat can be created to increase biodiversity and attract wildlife including rare or migratory birds. Encouraging birds, butterflies and bees has been a significant aspect of some overseas suburban green roofs, while a large vehicle manufacturer has a bee farm on the 4ha green roof above one of its factories. Green roofs can reduce the costs of dealing with the nationwide increase in peak rainfall events associated with climate change in Australia by retaining storm water and slowing rainfall runoff. Student research at the University of Queensland has shown runoff reductions of up to 42% achieved with only 100mm of soil planted with moderate growth turf; as the soil depth and vegetation water use is increased, so does retention capacity. Article kindly provided by Paul Downton

DAT ES FO R YOUR DI A RY

2016 DIVISION Central Coast

Far South Coast

04 May, 01 Jun, 06 Jul, 03 Aug, 07 Sep, 05 Oct, 02 Nov 22 Mar, 26 Apr, 24 May, 28 Jun, 26 Jul, 23 Aug, 27 Sep, 25 Oct, 22 Nov 26 May, 25 Aug, 24 Nov

Hume

01 Jun, 03 Aug, 05 Oct

Hunter

05 Apr, 28 Jun, 27 Sep, 22 Nov

Illawarra

05 May, 02 Jun, 07 Jul, 04 Aug, 01 Sep, 06 Oct, 03 Nov 17 May, 19 Jul, 20 Sep, 15 Nov

Eastern Suburbs

Inner West Manly Warringah Manning / Great Lakes

12 May, 09 Jun, 14 Jul, 11 Aug, 08 Sep, 13 Oct, 10 Nov 23 Oct, 10 May, 27 Jul, 11 Oct

Mid North Coast

16 May

New England

23 May

North Coast

17 May,

Northern Suburbs

21 Apr, 19 May, 16 Jun, 21 Jul, 15 Aug,18 Aug, 20 Oct, 17 Nov 11 May, 27 Jul, 12 Oct

Oxley Parramatta Cumberland Snowy Mountains South Coast / Shoal

20 Apr, 18 May, 15 Jun, 20 Jul, 17 Aug, 21 Sep, 19 Oct, 16 Nov 25 May, 24 Aug, 23 Nov

St George

20 Apr, 18 May, 15 Jun, 20 Jul, 17 Aug, 21 Sep, 19 Oct, 16 Nov 10 May, 14 Jun, 12 Jul, 09 Aug, 13 Sep, 11 Oct, 08 Nov 19 Apr, 21 Jun, 16 Aug, 18 Oct

Tweed

18 May

Southern Highlands

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T HE WAY W E W ERE A P R I L / M AY 2 0 1 6

WHAT THE MBA SAID BUILDING STRUCTURES ON THE MOON IN 1959

DI RECT O RY A ND W HAT ’S NEW