Canberra building news 1 - 2015 by Master Builders Association of the ACT

Edition 1-2015

Excellence in Building Awards turns 25

Boral CEO Mike Kane to address members on his fight with the CFMEU

Kirk Coningham announced as new MBA-ACT Executive Director

Next three Policy Papers ready to go

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Master Builders Executive Council President Valdis Luks Treasurer Frank Porreca National Board Representative Simon Butt Commercial Builders Council Chair Peter Naylor Civil Contractors Council Chair Andy Crompton

contents special feature

features

Select Custom Joinery

Gino Monteleone shows Master Builders ACT’s Jerry Howard through his exciting new home, and discusses his passion and philosophy of building and joinery.

MBA ACT releasing final Policy Papers - Safety, Build Quality, Education and Training

Progress Payments delays

forewords 8 10

p34

WHS Advisor’s Report

New Executive Director

cover photo

FWB&C Building Code advice

Better Building Services custom built home in North Weston an entry in this year’s Master Builders & Cbus Excellence in Building Awards

What cost to industry does the CFMEU cause?

news&events Introducing Kirk Coningham Master Builders new Executive Director

Work Health & Safety Advisor Philip Edwards

2015 sees a shift in strategy for FWBC

ACT Light Rail

National Update

The preferred consortia to be announced in March A look at industry news from around the country

Director Commercial Operations David Leitch Master Builders Group Training General Manager Wendy Tengstrom

© This publication is copyright. No part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means including electronic, mechanical photocopy, recording or otherwise without the permission of the Master Builders Association of the ACT. Disclaimer: readers are advised that the Master Builders Association of the ACT cannot be held responsible for the accuracy of statements made in advertising and editorial, nor the quality of the goods or services advertised. Opinions expressed throughout the publication are the contributors own and do not necessarily reflect the views or policy of the Master Builders Association of the ACT.

Executive Director’s Report IR Director’s Report

Director Industrial Relations & In-house Legal Counsel John Nikolic

Advertising enquires Director Commercial Operations David Leitch Tel: (02) 6175 5970 Mob: 0437 379 391 Email: dleitch@mba.org.au

Challenges for 2015

Master Builders Management team

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au

President’s Report

Local Industry Advocate a welcome initiative

Suppliers & Subcontractors Council Chair Graciete Ferreira

Senior Management Accountant Louise MacCallum

Meyer Vandenberg Lawyers outline a number of factors that contribute to this problem

Professional Consultants Council Chair Bryan Leeming

Deputy Executive Director Jerry Howard

Boral’s Chief Executive will visit Canberra in March to discuss the ongoing CFMEU blockade

Policy Papers 18

Residential Builders Council Chair (Acting) Marc Roland

Executive Director John Miller

Boral’s Mike Kane to visit Canberra 16

Consultation and Work Health & Safety legislation

editor’s note Occasionally you will hear discussion, mainly from cricket lovers that there have been more Prime Ministers of Australia than Captains of the Australian cricket team. Unfortunately, if you were betting on the test captains, it’s not true. Up to Michael Clarke we have had 43 Test Captains compared to 28 PMs. What has this got to do with the MBA? Not a great deal, but as we see the change over from John Miller to new executive director Kirk Coningham we can compare our list of Captains.

p34

of interest Mr. Fluffy pilot demolition program

De-laminating render issues

Goodman Law no.1 law firm in Aust.

ACT Government has confirmed five houses to be used in the pilot program

Meyer Vandenberg Lawyers provide advice regarding progress payments MBA Member Goodman Law named Number 1 in Australia’s 2014 Top 50 Law Firms

In the 51 years since 1964 (previous records are a bit sketchy), Kirk Coningham becomes only the tenth executive director of Master Builders ACT following some outstanding leaders and visionaries like David Andrew 1964-1980, David Dawes 19982007 and John Miller 2007-2015. As he starts a new phase for the Association, we wish Kirk well as the new leader of the ACT’s peak body for the building and construction industry, and we thank John for his service to the Industry.

Canberra Building News I edition 1-2015

foreword

president VALDIS LUKS

President’s Message The recent announcement by Chief Minister Andrew Barr regarding the establishment of the office of the Local Industry Advocate is a very welcome initiative. The creation of this role is very much in line with Master Builders ACT’s very strong focus on local industry participation in ACT Government procurement. The local industry participation theme has been at the centre of much of our dialogue with all members of the ACT Assembly since the release of our Procurement Policy paper in July last year. I commend the Chief Minister on this announcement and look forward to more positive news to support local industry as we try and deal with a continuing difficult economic environment. It is clear that for the Territory’s economic fortunes to be turned around, the private sector must be at the core of the Government’s

local participation. Our industry has many members affected by the Mr. Fluffy situation. To be able to work with the Asbestos Response Task Force and the community in resolving this difficult issue we can deliver a multiple of benefits beyond the priority of directly affected home owners having peace of mind. There is still a long row to hoe in terms of Mr. Fluffy and all other asbestos-related issues. It will be a significant part of both local and national debate for years to come as new information becomes available. Striking the right balance between what has been at times an unnecessary hysterical reaction fired by misinformation and ignorance and at the opposite end a lackadaisical approach by some who refuse to believe that handling asbestos needs a measured approach.

“It is pleasing to note the current discussions around local industry participation in the Mr. Fluffy clean up. This is a perfect example of where a local issue can be met with a local solution through local participation.” strategies. We have seen the shrinkage occurring in the Commonwealth Government and this is flowing through to the ACT both in terms of reduced employment and revenues. Now is the time to make sure that the well recognised engine room of the Australian economy is kicked into gear in the ACT, that being the private sector. Employment growth is vital to the future of our economy and this can’t be done in a vacuum of opportunity for local businesses. After the changes implemented by the Howard Government in the mid 90s we saw a rapid growth in the rise of private sector employment in Canberra and this translated to a very solid period of activity. No doubt there are some differences between that time almost two decades ago and now however, the evidence shows of what can happen when the private sector is given the right conditions to flourish. It is pleasing to note the current discussions around local industry participation in the Mr. Fluffy clean up. This is a perfect example of where a local issue can be met with a local solution through

Canberra Building News I edition 1-2015

In helping the community to learn more about asbestos and asbestos issues Master Builders ACT through MBA Group Training joined forces with AAC Environmental and Work Safe ACT to undertake a public Asbestos Awareness session at the National Convention Centre on Saturday 28th February. We see it as part of our responsibility in helping inform the community on what is a very contentious issue and one which is often sadly misunderstood in the absence of good information. The year is already shaping up as a very busy one. We see continued volatility at political and economic levels. In the ACT we need to see some turn around in our fortunes as we slip down the national ladder of economic performance. This will take a lot of hard work to see that slide arrested, but that brought the best out in us in the past and we are ready for the challenge again.

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executive director john miller

Executive Director’s Message We have had a torrid finish to 2014 and a fast start to 2015. The once well demarcated line between the end of one year and the start of the next is long gone. A 24/7 media cycle and the demands of business in a competitive environment have all but erased the once restful zone from the old year to the new. With new ACT Chief Minister, Andrew Barr, assuming the reins just prior to Christmas, we enter 2015 with a strong focus on activity that will kick start an ailing economy. The early signs are of a government turning to the private sector to provide the solutions to flagging Commonwealth outputs created by public sector job cuts and subsequent reductions in demand for office accommodation and housing. The Territory’s own financial pressures through Mr. Fluffy and a commitment to Light Rail are adding to the urgent need for private sector input. The climate needed for real private sector input needs to change. The industry can’t be locked out from housing supply, gouging of fees and charges must end, incentives must be attractive to ignite interest, and local business must be given opportunities to participate in major projects. The current lack of competition in bringing land to market in the ACT must be deeply disturbing for consumers wanting to see a semblance of affordability, particularly for stand-alone residential developments. The industry has been warning for a long time of the crisis building due to the lack of residential land supply. Multi-unit developments have consumed the market in the past few years. The trouble is that not everyone wants to live that lifestyle and choice is being ejected at the hands of expediency. Step one in the pursuit of economic recovery of the Territory must involve englobo land releases that will not only create competition to the benefit of consumers, but give confidence to builders that there is a sense of urgency as they seek to keep their businesses alive. The way in which land is controlled in the ACT is a retreat to a bygone era that has no place in today’s fast moving society. I did note in an earlier column here that the major beneficiaries in current land arrangements in the ACT would be the Googong and other cross-border developments. Fees and charges have continually been raised with the ACT Government as a serious show-stopper for activity. The growth in fees and charges associated with approvals is unsustainable and has caused a further upward spiral in the cost of housing. There is only so much the consumer can bear and if anyone thinks that those costs can continue to escalate without negative impacts then they are totally out of touch with the market. In recent years, we have witnessed some government charges for approvals rising by over 400% based on the pricing. This is a free kick based on spurious grounds to government coffers of applying charges against something over which it has no influence.

Enough has been written about the issues around Lease Variation Charges and Extension of Time costs. One can only hope that the realisation is of a need to act on the response (or lack of response) by industry and begin to implement a much fairer system that provides encouragement for all stakeholders; government, consumers and business. The economic pick-up won’t occur in the absence of well considered incentives. Needless to say, the ACT Government is currently actively engaged in the business of luring investment to the City. This is not going to occur without incentives that will mobilise the capital needed to make a turnaround possible. The Chief Minister has already signalled that he is ready to negotiate provided the terms and conditions are right. It would seem that the ACT economy is facing its biggest challenge since the arrival of John Howard at the Lodge in 1996. In the almost 20 years since that time, the local economy has been transformed substantially. That next transformation is now necessary. The last time around, the transformation of the ACT economy came about on the back of a rejuvenated private sector. It would seem that the current Chief Minister is fully cognizant of that situation and not only as a well credentialled figures and numbers person, he is also a keen student of history. Announcements regarding Access Canberra and a Local Industry Advocate are real manifestations that Andrew Barr is going to take a very hands-on approach to turning things around in the shortest possible timeframe. Getting local industry to work and quickly is critical. Making sure local business can play in the sandpit with everyone else is also an essential objective. If our local businesses aren’t working, aren’t employing and aren’t investing, then we are going to be dealing with further difficulties downstream. This makes the office of Local Industry Advocate vital as part of the recovery effort. It is clear that 2015 is going to be full of difficulty and will come with its sizeable share of challenges. There is no better time to get on the front foot than right now. Our future is going to be very much dictated by how the first couple of months play out. The pace of play will be vital and it would seem that the Chief Minister is acutely aware of this owing to his approach so far. The members of MBA-ACT and the broader business community are looking for that right climate to help make the difference. In signing off for the last time I would like to reiterate my message in the pre-Christmas edition and thank the many, many people who have contributed during my time as Executive Director. I am sure you will make my replacement, Kirk Coningham most welcome and give him the support needed to get the conditions right to get the industry working to its optimum. Farewell and good luck.

Canberra Building News I edition 1-2015

John

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foreword

director industrial relations john nikolic

The ‘price of doing business’ in the construction industry When working in the construction industry, one often hears resigned references to ‘the price of doing business’. The phrase broadly describes the cost of entering the market, but not on terms that would be recognised in many other industries. As Royal Commissioner Cole found during the 2002-2003 Royal Commission into the Building and Construction Industry, this industry is peculiar – it is one which ‘departs from the standards of commercial and industrial conduct exhibited in the rest of the Australian economy’. That peculiarity is partly a function of the fragmented management structure of the industry (whereby most work is undertaken by specialist subcontractors, but is managed by principal contractors with slim margins) and partly a function of the alleged willingness of unions, in particular the CFMEU, to engage in industrially-motivated workplace disruption. As Commissioner Cole found, employers know that ‘unless there is significant acceptance of union demands there will be continuous industrial disruption on other current and future projects’. The financial cost of such disruption is extremely high. For principal contractors, the intricately sequenced nature of modern construction work, coupled with large liquidated damages for even minor delays, makes the cost of the alleged disruption constraining to the point of negating free will. Similarly, subcontractors are loathe to become associated with ‘industrial risk’ by principal contractors (i.e. the alleged risk that the CFMEU will disrupt their worksites, causing delays and cost blow-outs on already expensive projects) as this might jeopardise their ability to tender for future work. As Commissioner Cole commented, this dynamic of market vulnerability for principal contractors and subcontractors alike places ‘enormous power in the hands of unions’ and enables them ‘to use that power to obtain otherwise unattainable outcomes’. Most importantly, it arguably institutionalises marketpreferences for CFMEU-approved companies – i.e. those that have ‘paid the price of doing business’. That price may vary, but allegedly includes requirements that an employer enter into a CFMEU enterprise agreement, hire CFMEU-nominated personnel, pay for CFMEU memberships and/or make donations to CFMEU entities.

Canberra Building News I edition 1-2015

The interim findings of the ongoing Heydon Royal Commission into Trade Union Corruption and Governance suggests that construction companies continue to be allegedly forced by the CFMEU to ‘pay a price’ for working in the construction industry, in potential breach of numerous industrial, competition and even criminal laws. In his December 2014 Interim Report, which contains a number of ‘case studies’ concerning the CFMEU, Commissioner Heydon found that the evidence received to date ‘raise[s] fundamental issues about the regulation of the building and construction industry, and the culture of wilful defiance of the law which appears to lie at the core of the CFMEU’. In one case study, Heydon found that the Secretary of the Queensland branch of the CFMEU ‘pursued a campaign against Smithbridge Group [a group of crane hire subcontractors] in order to force companies in that group to enter into enterprise agreements with the CFMEU’.1 Heydon detailed how the ‘deliberate and protracted campaign of industrial blackmail and extortion’ involved: CFMEU officials (i) dictating to [builders] … that Smithbridge Group be removed from their sites … and (ii) threatening to kill off Smithbridge Group through such action unless they signed the union’s form of enterprise agreement and arranged for all employees to become union members. Here is a flavour of the CFMEU’s ‘campaign’: … when [the builder] received the call that a union representative had shut down Gold Coast Cranes [a member of the Smithbridge Group] on site, he went down to the site and heard a union representative yelling and screaming, saying ‘fu**ing stop you c**ts, you’re not working, you’re not allowed on site, you don’t have an EBA so f**k off’ and ‘they have been banned from all sites in Brisbane and you will be next’. They said to [the builder]: ‘You can’t use Gold Coast Cranes, they haven’t signed an EBA. You need to use one of these companies [handing a list across]…’

Apart from the human rights costs of such alleged lawlessness (such as freedom of association, freedom to work and freedom from fear) there are obvious but often underestimated economic costs. On one level, there are the costs of pattern CFMEU enterprise agreements. Unsurprisingly, these provide for generous employee entitlements. However, they also direct funds to a variety of schemes which have little to do with employment, such as income protection schemes2, vocational training providers and even CFMEU charities. As the Heydon Royal Commission has found, these arrangements direct substantial monies towards the CFMEU. Yet there is a more significant cost to the alleged practices of the CFMEU than the inflated costs of its pattern enterprise agreements. As demonstrated by the Smithbridge Group case study, the CFMEU is allegedly willing to exclude competitors from the market, unless they accede to its demands. The alleged effect is a kind of union-approved cartel. Those within the cartel have inflated costs, by virtue of the CFMEU enterprise agreement. However, as the Independent Contractors of Australia have claimed: ‘it is the lack of competition in construction organized through the cartel that is the real cause of the cost excesses’: The real problem is that a cartel arrangement exists between large construction firms and construction unions that facilitates the suppression of smaller and/or alternative construction firms. This eliminates or restricts a truly competitive market for infrastructure construction from existing. 3 By dint of industrial muscle, emerging small-to-medium sized (and often more innovative) competitors are allegedly excluded from the market, unless they submit to CFMEU enterprise agreements with costs that may be unaffordable at their economy of scale. One does not need to be an economist to realize that the suppressed competition which would result from such practices would inflate construction costs – which the Independent Contractors of Australia estimate at some 20 to 30 per cent.

Consumer Commission (ACCC) for the alleged Boral black-ban (about which there is a further article in this edition of the Building News). However, there is a potentially darker side to these alleged practices. As Robert Gottliebsen has commented, the ACCC is not prosecuting the suppliers that have benefited from the Boral black-ban. However, he thinks that they should ‘consider themselves lucky’: …one day the ACCC might be able to prosecute building subcontractors who pay unions for the right to be able to tender for large projects. Remember, under the cartel-style arrangements between unions and big builders the unions approve which groups can be subcontractors. The enormous cash balances which exist in many unions makes me believe that there is at least at prima facie case that some subcontractors pay the unions for the right to be able to tender.5 The construction industry is crucial: it employs over one million people, generates approximately 9 per cent of Australia’s GDP and houses the nation. However, over the longer term, the market manipulation alleged in the sector is like a hand around its throat – gradually pushing up costs and slowly strangling growth, as projects become intolerably expensive and are indefinitely shelved. This is the established pattern of cartels: over the short to medium term, they produce super-profits, but over the long term, their inflated costs reduce demand, effectively starving the hand that feeds them. That is somewhat less true for services such as construction, for which demand is fairly price-insensitive – after all, people need houses and commercial spaces, and will generally pay for it, regardless of the price. Of course, that’s what makes reform of the construction industry an issue for everyone: the thing about the ‘price of doing business’ in the construction industry is that we all have to pay.

Inflated costs are in some cases immediately transparent. For example, consider the alleged CFMEU black-ban that has been in place on Boral’s products in the Melbourne CBD since 2012. As the Heydon Royal Commission has found4 builders ‘may have made an arrangement… [that they] would not acquire goods from Boral … and in return the CFMEU would allow and not delay construction at the [builders’] construction site[s]’. The immediate result was increased costs: the Heydon Royal Commission heard that Boral allegedly lost a regular customer to a competitor whose concrete was $8 more expensive per cubic metre than Boral’s. The CFMEU is now being prosecuted for secondary boycott activity by the Australian Competition and

The alleged black-ban was imposed following Boral’s refusal to comply with the CFMEU’s alleged demand that it cease supplying Grocon with concrete. The CFMEU is allegedly ‘at war’ with Grocon following a ‘bitter industrial dispute’ allegedly arising from Grocon’s refusal to employ CFMEU-nominated safety officer, leading to a four-day blockade of Grocon’s Meyer Emporium site: Grocon Constructions (Victoria) & Ors v Constructions, Forestry, Mining, and Energy Union & Ors [2013] VSC 275, at 100, 346. 2 “The ACCC’s action against the CFMEU is just the beginning” The Business Spectator, 20 November 2014 3 ‘ICA Submission to the Productivity Commission Inquiry into Public Infrastructure: Provision, Funding, Financing and Costs’, Independent Contractors Australia, February 2014. 1

Canberra Building News I edition 1-2015

foreword

Work Health & Safety advisor Philip Edwards

Work Health & Safety Advisor’s Message The Work Health and Safety Act 2011 (ACT) requires businesses (the PCBU) to consult with their workers about safety; however, there are no specific rules on how much consultation is required or how to make this as effective as possible. WorkSafe ACT has published two handbooks, Workplace Arrangements: A Quick Guide and Workplace Arrangements: A Detailed Guide which provide general information on consultation.

as a result of less than ideal work safety management on site. Of course, the control associated with high risk construction work must consulted. Remember, high risk construction work includes:

Consultation is important, not only to comply with health and safety legislation, but also to improve safety culture and a business’s safety management systems. The key is to incorporate consultation in the day-to-day activities as much as possible; but, if businesses fail to meet their duty to consult workers, they could face heavy penalties; up to $20,000 for an individual, or up to $100,000 for a business.

•

Businesses are required to consult workers when undertaking the following tasks:

• • • •

• •

hazard identification; risk assessment; implementing controls to eliminate or minimise risks; establishing procedures in relation to – • health and safety issues, • training and induction, • worker consultation, • health monitoring, and • monitoring workplace conditions, making changes to facilities, such as the bathroom or kitchen, which could affect the welfare of workers; and proposing changes that may affect workers’ health and safety.

It is not enough to simply react to incidents, or to complaints from workers or HSRs - take the lead, and don’t just rely on particular groups or individuals, such as safety committees or HSRs to be the only point of communication. The more paths businesses have in place for workers to raise safety issues and for businesses to educate workers on safe practices, the better. In the construction industry it is recognised businesses vary in size from small businesses with few workers to large businesses who have complex contractual arrangements with a range of other businesses. Consultation is important with the risks associated with construction work and potential for illness, injury and death 12

Canberra Building News I edition 1-2015

• •

• • •

• •

work that includes a risk of a person falling more than two metres from a height; work that involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure; work that involves, or is likely to involve the disturbance of asbestos; work that involves structural alterations or repairs that require temporary support to prevent collapse; work that is carried out in or near a shaft or trench; work that is carried out on or near – • pressurised gas distribution mains or piping, or • chemical, fuel or refrigerant lines, or • energised electrical installations or services; work that involves tilt-up or precast concrete; and work that is carried out in an area on site in which there is any movement of powered mobile plant.

Apart from high risk construction work, businesses must still continue to identify all other potential hazards on construction sites, and consult with workers allowing them to contribute to matters that may affect their health and safety. The requirement to consult is mandatory, irrespective of the size, cost or extent of the project. Residential sector builders perform work at different sites at the same time, and these sites change over time, with a number of businesses (i.e. sub-contractors) often working together on the same site. It is up to each business to make sure they consult with their own workers about health and safety. For principal contractors, this will mean their own workers but also anyone else who performs work for them (i.e. sub-contractors). This means more than one business will often have overlapping responsibilities for consulting an individual worker. Options under the Work Health and Safety Act 2011 (ACT) allow businesses to create joint work groups and consultation methods that cover all workers. For example, it is possible for all of the businesses on a single construction site (from the principal contractor down) to form a work group comprised of all of the workers on that site. The work group might then be represented by a health and safety committee.

ReachLocal is is the the best ReachLocal bestand and most cost way to most costeffective effective way generate new leads customers from to generate for your Google,Yahoo & Bing business Apart from health and safety committees, some other consultation methods businesses can use include:

• • • • • • •

implementing tool box talks or informal briefings at which safety concerns are discussed; setting up a suggestions box or email where concerns and feedback can be sent; conducting a survey of workers on safety; encouraging workers to become HSRs; implementing monthly safety awareness days; distributing weekly email safety bulletins; and setting up forums for safety issues to be raised and discussed.

Master Builders ACT is able to provide advice on consultation methods to suit your business and circumstances. For more information please contact Phil Edwards, Work Health & Safety Advisor, on (02) 6280 9119.

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Master Builders ACT’s new Executive Director: Kirk Coningham OAM has been announced as the new Executive Director for the Master Builders Association of the ACT

Master Builders Announces Appointmentof New Executive Director Valdis Luks, President of Master Builders ACT announced Kirk Coningham as the Association’s new Executive Director, following an extensive recruitment process that commenced in November last year. “We were very fortunate that John Miller gave five months’ notice when advising that his time at the helm would finish at the end of March 2015. This gave the MBA executive time to source the right person for what is an extremely important position in Canberra’s building & construction industry.” Valdis Luks said. Mr Coningham commences with Master Builders ACT in March and will bring skills and experience having served in senior positions in the public and private sectors, most recently in the commercial construction sector as Chief of Staff and Government and Industry Relations for the global Leightons Group. “Kirk understands the vital role Canberra’s building and construction industry plays in growing the economy and creating jobs in our community and the Board is looking forward to Kirk building on the work of John Miller and leading the Master Builders team of professionals to the next level as the voice of Canberra’s nearly $3 billion building and construction industry,” Mr. Luks said. Mr. Coningham said he was ‘thrilled’ to be the new leader of the ACT’s building and construction industry peak body as Master Builders moved from strength to strength and paid tribute to the departing John Miller. “John has done an outstanding job over the past eight years maintaining the position of Master Builders as the leading building industry voice on issues vital to the industry, the Canberra economy and the community,” he said. 14

Canberra Building News I edition 1-2015

“John’s leadership has seen Master Builders continue to lead in advocating measures to ease housing affordability pressures such as cutting ACT Government red and green tape. He has stood up for the skills and expertise of Canberra’s builders in the delivery of community infrastructure,” Kirk Coningham said. Mr Coningham joined Master Builders ACT President Valdis Luks in wishing John and his wife Cheryl the very best in their future endeavors. “I look forward to leading the Master Builders team with the support of the Board and key stakeholders to further enhance the value proposition for our members and for the community in which we work,” he said. About Kirk Coningham OAM: Kirk was raised in Canberra. He saw active service with the Army in Cambodia before working as a diplomat with DFAT, including a posting to Jakarta. He has also worked in leadership positions with the Australian Federal Police, the Commonwealth Public Service and the Australian Medical Association. Most recently Kirk worked as Chief of Staff to former Leighton CEO, Hamish Tyrwhitt, where he also led Government and Industry Relations for the global Leighton Group. Kirk has strong connections with the Canberra community and in the construction industry nationally. He is married to Penny (an interior designer) and has two adult children.

Fair Work Building & Construction. Building Code advice For the greater part of 2014, FWBC conducted voluntary audits under the 2013 Building Code. They were termed voluntary audits because the building and construction industry participants who were subject to the audit participated on a voluntary basis. For its part, where potential breaches of the Building Code were identified, FWBC undertook not to seek to impose any of the sanctions available to it under the provision of the 2013 Building Code. Rather, the participants were advised of any shortcomings identified during the audit and given the opportunity to correct them. 2015 sees a shift in strategy for FWBC. FWBC will be undertaking site visits, site inspections and audits against the 2013 Building Code but they will no longer be only in response to requests for voluntary audits. As a result, where breaches of the Building Code are identified through a visit, inspection or audit, sanctions may be sought. FWBC activity in this regard commenced in February 2015 and will primarily focus on sections 7 to 22 of the Building Code 2013. These sections include (but are not limited to) the following obligations: • • • • • • •

The engagement of persons who are eligible to work in Australia Workplace arrangements – the requirement for a subcontractor to have a particular workplace arrangement The payment of over-award payments Freedom of association Rights of entry Agreement making e.g. good faith bargaining Reporting requirements surrounding industrial action and general reporting requirements.

The focus of the visits, inspections and audits will be on the behaviour of persons at the site rather than being solely on the policies relating to the various obligations under the Building Code, ie the focus will be on conduct. In general, there may not be advance notice of our intention to conduct site visits and site inspections. Contractors are expected to be compliant with the Code at all times and not confined to those occasions when FWBC are on site. Audits on the other hand, will ordinarily be the subject of advance notice. At the time of initial contact, contractors will be requested to provide a range of documents in preparation for the audit. The methodology used in these audits will be substantially the same as that used during the voluntary audits. These audits may result in the imposition of a sanction against an industry participant. Where breaches of the Building Code are identified, the Director FWBC may recommend that a sanction be imposed on the offending industry participant. Sanctions can vary from a letter of caution up to the exclusion of a contractor from tendering for Commonwealth Government work for a maximum period of 12 months. Further details on the Building Code 2013 and the associated Guidelines are available at the FWBC website at www.fwbc.gov.au or by contacting FWBC on 1800 003 338.

Canberra Building News I edition 1-2015

Battling the Union: Boral Chief Executive Mike Kane is in an on-going battle with the CFMEU which is preventing his company from delivering concrete to building sites in Melbourne. Photo: Aggregateresearch.com

How militant unions exploit the legal system: Mike Kane CEO Boral visiting Canberra 31 March - Session with MBA members Boral Chief Executive Mike Kane, who is at the centre of a bitter on-going battle with the CFMEU which has prevented his company delivering concrete to Melbourne building sites, will outline his battles with the militant union to MBA members in Canberra. Mr Kane will address the MBA President’s Luncheon and a general members forum on 31 March in Canberra. He is expected to outline the implications of the CFMEU’s actions for the building industry nationally, including in Canberra. Mr Kane recently said the CFMEU’s “unlawful” secondary boycott against his company on Melbourne construction sites remains in place. Speaking after a directions hearing in the federal court proceedings lodged by the Australian Competition and Consumer Commission against the building union, Mr Kane said the boycott began in February 2013 and “remains in place to this day”. In the Federal Court case, the ACCC alleges that between February 2013 and April 2014, the CFMEU instructed shop stewards to ban the use of Boral concrete at commercial construction sites in Melbourne.

Canberra Building News I edition 1-2015

The ACCC also alleges that CFMEU officials tried to induce Boral to not supply to builder Grocon, with whom the CFMEU was having a bitter dispute. In the directions hearing in Melbourne in early February, Justice Middleton gave the CFMEU until March 20 to file its response and stuck by the schedule for the case to go to trial in September. Mr Kane welcomed the fact the trial date was not shifted. “Any further delay in this lengthy process would only further highlight the challenges of seeking effective redress for the CFMEU’s actions within the framework of our current legal system,’’ he said. Mr Kane has also said that new Victorian Labor Premier Daniel Andrews is rewarding “thugs and crooks” in the construction union by scrapping the state’s building watchdog. Kane said, “This is the Victorian government taking a stand on behalf of the thugs and the crooks who run the Victorian branch of the CFMEU construction arm.”

He said, “These guys have been held up for ridicule everywhere their story has been aired, in the Royal Commission, in the courts, but here we have a government that tosses out its watchdog in the face of obviously illegality. It is shocking and, frankly, I expected better.”

The then-opposition flagged before the state election last November that they will axe the Construction Code Compliance Unit and the Victorian building code. Former Victorian Premier Jeff Kennett recently criticised the Australian business community for not providing Mr Kane more support in his battle with the union. “Look at the public isolation Boral CEO Mike Kane is receiving when just trying to run his business and keep employees and shareholders employed and happy,” he wrote in as recent newspaper article. In July 2014 Mr Kane told the Royal Commission into Trade Unions that, despite getting an injunction against the CFMEU, Boral had been frozen out of construction in Melbourne. As the dispute over the Emporium project in Melbourne’s CBD escalated in 2012 between the CFMEU and Grocon, Boral was dragged in and told by the CFMEU to stop servicing Grocon sites. “This is a criminal conspiracy to

The boycott remains in place: “The boycott had continued and the company was no longer considered for jobs in Melbourne’s CBD because of union intimidation”.

“On the construction sites in Melbourne the law doesn’t apply. The law is applied by the CFMEU,” he said. “It’s much more insidious than stopping trucks at the gate, which is how it started. It’s now a case where we just can’t, we just can’t win any bids. ” - Mike Kane interfere in the marketplace and to stop our ability to supply our customers,” Mr Kane told the Royal Commission. “It’s blackmail. It’s blackmail by any other definition that I’ve ever heard of, and it’s been effective.” He told the Commission that a team of Boral managers met with the CFMEU’s Victorian secretary John Setka in April 2013, who said the union was at war with Grocon and the war involved choking off Boral’s concrete industry. “When this so-called war ended, he would be at the seat of splitting up the spoils of that war and would determine the market share of Boral in the Melbourne market,” Mr Kane said. Boral said when the company continued to supply Grocon sites the union then imposed a black ban on it. Despite obtaining injunctions against the CFMEU to stop the secondary boycotts of its products, Mr Kane told the Royal Commission the boycott had continued and the company was no longer considered for jobs in Melbourne’s CBD because of union intimidation.

He said Boral had complained to the Australian Competition and Consumer Commission, the Fair Work Commission and the media to no avail. The conspiracy relied on the complicity of rival firms who take work from Boral and contractors whose businesses may go under if their main source of income dries up. “The only solution that I know is that the law has to provide a remedy, and currently it can’t,” he said. The CFMEU national construction secretary Dave Noonan said after Mr Kane’s Royal Commission appearance that Boral had legal options if it feels the law is being broken. At a building industry conference in September Mr Kane commented, “Shame on us for allowing this to go on. “Shame on us for not banding together to put an end to this sordid blot on an industry that stands for all that is good in Australia.” He estimated Boral had been denied access to more than 20 big construction projects in Melbourne and had lost $10 million in earnings and legal fees over the previous year.

Canberra Building News I edition 1-2015

Master Builders ACT Policy Papers Driving the business and industry agenda is first order business for MBA-ACT. The Executive Committee determined in the lead up to the next ACT Election in October 2016 we needed to make sure all

sides of politics were fully aware of our priorities that will help create the city and region we all want. To put our position on the table, it was agreed that a suite of policy papers needed to be developed with clearly articulated action agendas.

Canberra Building News I edition 1-2015

“ The subject of the policy papers were a straight forward

reflection of member research conducted over previous years. They build on the feedback to questions asked about “What are the important issues impacting on your business?” The common feedback was about safety, local opportunity and red-tape, industry reputation relating to building quality and training, planning, project delays and the concentration of land development by government. Last year we commenced writing the first of five policy papers. The topics of the five policy papers are:

• • • • •

Procurement Land and Planning Building Quality Safety Education and Training

“Early impacts of the policy papers included changing thresholds in procurement and a sharpened focus on local industry participation”

Carriage of the policy papers is through small sub-groups with two Executive Committee members having responsibility for each policy paper and the action agenda. The final three papers, Building Quality, Safety and Education and Training will all be released by the end of March. These papers will be forming our agenda as we meet with current Assembly members and all aspirants for next year’s ACT election. Members are urged to familiarise themselves with the papers and pick up the policy objectives in your discussions with key stakeholders. The papers can be found at: http://www.mba.org.au/media_room/submissions/ continues overleaf ››

The first two papers, Procurement and Land and Planning, were released mid-year and have involved significant discussions with politicians and senior bureaucrats. Early impacts of the policy papers included changing thresholds in procurement and a sharpened focus on local industry participation. The local industry participation drive has been supported by recent government announcements around the appointment of a Local Industry Advocate.

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While still in final stages of development the substance of the three remaining Policy Papers have been set. Below are some of the key points from each Policy Paper.

Building Quality Policy Paper The Nation’s Capital, is home to some of Australia’s most iconic buildings and civil projects such as: Parliament House, The Australian War Memorial, The High Court of Australia, The National Library, The National Gallery and Telstra Tower. Canberra will continue to grow and these magnificent examples of building quality will also need on-going quality maintenance. Master Builders ACT has a very rich and distinct background in building quality and an on-going need to maintain the ACT Building Quality for the National best interest. The aim of Master Builders ACT’s Building Quality policy is to continue to lead the way in maintaining and enhancing the quality requirements associated with being a member of the Master Builders. To achieve and maintain Master Builders ACT quality standards, critical evaluation, ongoing innovation and commitment to improve the building quality process and stakeholder management is required to be continually reviewed and enhanced by the Master Builders Association, and asking members: 1. Actively participate in MBA ACT seminars 2. Contribute to quality reviews 3. Bring forward better technologies to improve building quality for trial 4. Bring forward better methodologies and practices to improve building quality for trial 5. Help to innovate our local industry 6. Adhere to the MBA ACT Quality Policy 7. Hand down knowledge to the next generation builder Quality measures have traditionally been: time, cost and aesthetic finish. Corporate Social Responsibility (CSR) and ethical service are factors commonly mentioned in recent years but have in fact been associated for centuries with Master Builder’s projects and their Association.

Safety Policy Paper The objective of this policy is to combine the collective membership’s resources to help the members and the broader industry create a work environment that allows the best chance of people returning home in the same or better condition than they arrived.

Canberra Building News I edition 1-2015

We know we have achieved this when: 1. Safety is seen as an opportunity and is a collaborative and positive experience 2. Safety is the foundation for achieving productivity and quality 3. Safety is an integral part of the skills, knowledge and culture obtained through construction industry education 4. Every person understands that there are risks which they can influence and have control over and that they can be actively involved in its management 5. Safety is not used to drive unrelated agenda 6. Workplace Health and Safety is always at the forefront in terms of issues within the industry and our pursuit to continually lift standards to ensure the safety and well-being of workers is an ongoing one.

Education and training Policy Paper The Education and Training Policy Paper is designed to focus and engage industry, government and community stakeholders on the critical debate and actions required to successfully deliver vital training and continuing professional development for the ACT building and construction sector.

Education and Training Policy Document Together, the Master Builders ACT and MBA Group Training objective is to “professionalise” the ACT building and construction industry by: 1. Providing quality education, training and mentoring with clear career pathways visible at all times 2. Supporting men and women seeking career entry into the building and construction industry and related professions 3. Enabling industry training commencement through quality school-based programs, 4. Ensuring an apprenticeship system that is relevant and contemporary 5. Delivering Certificate and Diploma courses that meet industry demands 6. Collaborating with the University of Canberra to continue evolve and promote the Bachelor of Building and Construction Management tertiary accredited degree 7. Innovating and developing programs for mature age entrants or practicing industry professionals requiring specialised education and training 8. Continuing commitment to a rigorous assessment for recognition of prior learning (RPL), for existing skills and enabling higher qualification attainment. MBA Group Training has developed a model of success which focuses on supporting the individual learner. The education and training program, especially for apprentices and new industry entrants, provides a wide range of supporting services. This learner focused approach achieves educational and professional development goals needed for longer term success in day-to-day industry practice.

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“Canberrans and visitors to the capital are now one step closer to achieving a modern, frequent and accessible light rail system.” Simon Corbell (Minister for Capital Metro)

Canberra Light Rail shortlist Capital Metro will decide in March its short list for the preferred consortia to design, construct and operate Canberra’s light rail project from the City to Gungahlin. Capital Metro, the ACT Government’s light rail agency, announced in December that four private sector consortia had submitted Expressions of Interest for the project. Members of the four consortia are listed below.

Canberra Metro

ACTivate

Connecting Canberra

CANGO

Pacific Partnerships PTY LTD (lead respondent)

Downer EDI Works (lead respondent)

Capella Capital (lead respondent)

Macquarie Capital Group Ltd (lead respondent)

Mitsubishi Corp

Plenary Origination (lead respondent)

TransDev Australasia

Obrascon Huarte Lain SA (OHL)

Aberdeen Infrastructure Investments No 4 LTD

Bombardier Transportation Australia (lead respondent)

Alstom Transport Australia

SMRT International PTE LTD

John Holland

Keolis Downer (lead respondent)

Acciona Infrastructure Australia

UGL Rail Services

DB International GMBH

Keolis SA

Acciona Concesiones SL

Siemens Ltd

Leighton Contractors

Parsons Brinckerhoff Australia

Coleman Rail

CAF

Aurecon Australasia

Bank of Tokyo

Cox Architecture

Mitsubishi

Itochu Australia Partners Group AG

Capital Metro said shortlisting would occur in March 2015, with the successful consortium engaged and work commencing in 2016. Minister for Capital Metro, Simon Corbell said, “It is pleasing to see so many nationally and internationally respected companies are interested in becoming involved in this important project for the national capital. It is also expected

Canberra Building News I edition 1-2015

that many companies from our local region will be associated with the four consortia. “Canberrans and visitors to the capital are now one step closer to achieving a modern, frequent and accessible light rail system. I look forward to the next stages of procurement and delivery for this important city shaping project for Canberra,” Mr Corbell said.

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Wood Master Gino Monteloene of Select Custom Joinery is in every sense, a Master in Wood. The technology used and quality of the build in his new home is set to give it incredible energy efficiency. Jerry howard visited gino to discuss the build, and his passion for joinery.

JH: How did you get into the joinery trade? GM: for as long as I can remember, I liked making things. I was good at craft at school, I was 12 years old when I decided woodworking was a good profession. I did work experience for a small furniture making workshop, and was offered an apprenticeship in furniture making / Cabinetmaking. I started my apprenticeship the day after finishing year 10, in 1988. JH: Robyn is the Office Manager for the business. Can you describe how her influence has helped the business? GM: Robyn is a lot more than the Office manager. Robyn liaises with clients, manages appointments, chases materials, looks after staff, undertakes the marketing and other admin and will often be the happy and enthusiastic voice on the other end of the phone. Robyn keeps SCJ running smoothly behind the scenes.

Canberra Building News I edition 1-2015

JH: You mentioned that you won’t manufacture from certain products in your workshop. How did you come to this rule? GM: With a background in furniture making, I wanted to work more with timber and natural materials, than the board products we were using. I was also concerned about the levels of formaldehyde, chemicals and the dust that we were being exposed to in manufacturing the products. Over time, we experimented using plywood, recycled timber and bamboo and found there were people who wanted something different, but the industry was set in its ways. Over time, we decided to specialise in using only solid, natural materials and we have found a niche people want.

JH: How many apprentices do you employ? Are they also taking on your philosophy as a joiner?

JH: You seem to have a real craftsman’s philosophy when it comes to your trade. Is this something you picked up through your training, or has it developed over time? GM: It has certainly developed over time. A lot of people are skilled in our trade. Unfortunately they are not given the opportunity to exercise their skill because they don’t believe people are willing to pay for the quality. It has taken a long time to develop procedures and techniques to be able to develop a reputation for always delivering a high quality product.

JH: You seem to have a real craftsman’s philosophy when it comes to your trade. Is this something you picked up through your training, or has it developed over time? GM: Our clientele are after something

GM: We employ a workshop supervisor (Phil), A fourth year apprentice (Craig), and a second year apprentice (Tom). They are all exceptional craftsman. We encourage them to share my philosophy of “nothing is perfect, and it can always be made better”. Therefore, training and learning is happening every day for us. Phil and Craig have both won awards for their work.

different. Some people know they would like timber or plywood or bamboo; others, may want sustainability or high quality. The overwhelming factor is they want something more than what they have seen elsewhere. Article continues overleaf -

Masters in Wood Gino Monteleone in the Select Custom Joinery Workshop at Wallaroo.

“We encourage them (staff) to share my philosophy of “nothing is perfect, and it can always be made better”. Therefore, training and learning is happening every day for us. Phil and Craig have both won awards for their work”.

Canberra Building News I edition 1-2015

the

Wood Master

JH: From my conversation with Robyn and yourself, you both have very strong principles on sustainability. Have these principles developed over time, or have they been engrained in your DNA? GM: We are both very conscious of the materialistic society we live in. We are part of an industry where 33% of kitchens renovations are within 11-15 years of the previous kitchen being built (HIA Kitchens and Bathrooms Report – Past Growth and Future Propects Feb 2014). Certainly, our outlook has come from our upbringing as well as our life experiences. Having both come from families who have experienced the Depression, war rations and the feeling of utter despair when there is not enough food on the table – we were taught to make do, be creative and to “buy the best you can afford and make it last”. Over time, we’ve developed our own thoughts and ideas about what being sustainable means for us - and our path has evolved from there.

JH: Can you tell me about some of the energy efficiency features of the home you are building. GM: Robyn and I are building a home that we hope will have very low energy consumption in the Canberra region. We disregarded the energy star rating 26

Canberra Building News I edition 1-2015

Dream Home: Gino and Jerry approach the build site. The Murrumbidgee River can be seen in the distance.

because we believe in Canberra that air permeability in a house is a large loss of energy, and the energy star rating system doesn’t take that into account. So we set about building it to a PassivHaus standard, which integrates low air permeability, heat recovery ventilation, low thermal bridging, good insulation, and passive solar gains. These aren’t ground breaking ideas, but it does take more thought in the design and build process and in Australia building to PassivHaus standard is still fairly rare, so access to materials to build to this standard is limited.

JH: You mentioned you salvaged some bricks from your old school for the build? Can you tell me how that came to be? GM: We happened to be a subcontractor to supply some bamboo cabinets and solid timber benches to the new woodworking building at Daramalan College. The demolition was also starting on the original woodworking buildings. I sought permission to salvage some of the Canberra red bricks, so we used them for a couple of walls in the house we are building. I had some good memories of double period woodworking last thing on a Friday afternoon in those rooms.

JH: You craft doors from the reclaimed wood? Can you expand on this? GM: We prefer to use recycled and salvaged timbers over new timbers when we can. We purchased some Blakeley’s redgum from a local farmer who had milled some dead trees. The red gum has a lot of feature in it such as gum vein and rather than treat the features as defects, we have utilised it to its advantages. The features in the timber create a unique look – every piece is different – and we’ve been able to use more of the timber this way, rather than discarding the pieces with the feature.

JH: Tell me about the sliding door in the living area and the hardware that you sourced. GM: I designed and built Lift and Slide doors in the living area as we have a wonderful view of the Murrumbidgee

“These aren’t ground breaking ideas, but it does take more thought in the design and build process and in Australia building to PassivHaus standard is still fairly rare, so access to materials to build to this standard is limited. ”

Select Custom Joinery P 02 6230 9414 F 02 6230 9415 www.selectcustomjoinery.com.au

This page: Inspecting wood in the drying room, The roof which was lifted into place, One of Gino’s clocks, The 5m sliding door built by Gino with hardware imported from Germany.

River we wanted to be able to see. As the house windows are triple glazed and we are conscious of air leaks in the house, we needed doors that would meet the same standards. There was nothing equivalent in Australia to meet the standards. I sourced the hardware from Germany – it took about 12 months to source as it had to be specially imported. I built the frames from solid casuarina and used triple glazed glass – the opening is 5 metres with a 2.5m sliding sash that weighs about 300kg.

JH: I understand that you build clocks for a hobby. Can you tell me a little about this? GM: The clocks I build are pieces of furniture and when I design and build a piece of furniture, a kitchen or a clock, I like to use the construction of the piece as a feature, rather than hide the making of the piece. With clocks, I like to see the mechanical movements, so I design my clocks around being able to see the movement. Once we are in the house, I’ll design a grandfather clock; a contemporary grandfather clock for a modern environment.

Canberra Building News I edition 1-2015

Mr Fluffy Pilot Demolition Program will Review Effectiveness of Current Legislation Pilot demonstrations involving the demolition of probably five ‘Mr Fluffy’ affected properties are now expected to begin in March.

The ACT Government has also said it will publish an official list of the 1021 Canberra homes contaminated by loose-fill asbestos in June this year.

The general media has previously reported that the pilot demolitions were to begin in January.

The Government announced the planned release of the details in June because of concerns that an earlier release of the information might jeopardise the Commonwealth Government’s concessional ‘Mr Fluffy’ loan granted in October 2014. Loan arrangements have yet to be finalised.

In discussions with Master Builders ACT, the ACT Government has confirmed that it is likely that five houses will be used for the demolition pilot program, but the precise number has not been decided. The pilot program will demolish some typical forms of houses expected to be encountered during the full demolition phase: small stand-alone houses on timber floor frames; houses that have had extensive renovation; or houses that are close to adjoining properties.

The $1 billion loan will allow the ACT Government to buy back and demolish the properties contaminated by ‘Mr Fluffy’ asbestos insulation between 1968 and 1978. The latest response from the Asbestos Response Taskforce to requests for the list to be published confirmed the loan agreement is yet to be signed and negotiations with the Commonwealth were continuing. ACT Chief Minister Andrew Barr confirmed the week of 30 June was the most appropriate time as it would allow homeowners time to consider the government’s buyback scheme. The affected residents have until the end of June to opt into the scheme and the government has not ruled out compulsory acquisition of properties after this time. Mr Barr said he hoped to secure the loan within the next few weeks. “My preference is for that loan to be secured and for a significant component of the scheme to be completed before we make public a list,” he said.

The pilot program will also test the procurement model that has been proposed, as the demolitions will occur under new ACT legislation which has only been in place since 1 January. The legislation includes new requirements dealing with friable asbestos and the associated issues with safely managing and monitoring the removal of this product. The pilot program will also review the effectiveness of the current legislation, including codes of practice and any lessons that may be learned to refine the legislation. The pilot will involve all of the key industry players and include an extensive communication strategy which is being developed, including regular video monitoring of each phase from the initial asbestos assessment and investigation through to the strip-out of the residences and the actual demolition of the residence. In view of the complexity of the tasks associated with the demolition of 1,021 residences and the subsequent site remediation, it is hoped that that useful lessons can be learned from the pilot program. These will give the building industry and the Government the opportunity to review processes and to provide certainty for neighbours in properties adjoining ‘Mr Fluffy’ houses and those in the suburbs that may have concerns about demolition waste containing asbestos passing through their suburbs.

Canberra Building News I edition 1-2015

“There’s an important distinction between those that need to know, such as tradespeople and those associated with emergency services, and those who might be interested to know in the broader community. “I appreciate there’s a great deal of interest, but my primary concern is for the privacy of those affected households.” ACT Chief Minister Andrew Barr said while the federal government had committed to providing the loan the final details of the agreement were still under negotiation. According to the Asbestos Response Task Force at 13 February, of the 1021 ‘Mr Fluffy’ houses:

• • • •

397 homeowners have accepted the Taskforce offer 72 houses are owned by ACT Government 849 buyback applications have been returned by homeowners to commence valuations 610 letters of offer have been sent to homeowners by the Taskforce

The Taskforce said the multi-million-dollar buyback and demolition scheme was on target to purchase 75 per cent of the 1,021 affected houses by the end of the financial year.

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Are you worried about your final progress payment?

No… should I be? Alisa Taylor - Meyer Vandenberg Lawyers

We are seeing more and more residential builders struggling to recover their final progress payment. There are a number of factors that contribute to this problem, including: •

The owners have underestimated the true cost of the job once variations or provisional sums are taken into account, and they have literally run out of money.

•

The owners and the builder disagree about the meaning of ‘practical completion’, with the owner expecting all minor defects rectified before the final amount is paid.

•

The owners are worried that the builder will not return to fix future defects that emerge during the defects liability period, and want to keep the last progress payment as security.

•

Sometimes the fact that there will be a dispute becomes obvious during the course of the project. But sometimes there is no indication that the last progress claim will be a problem, until the due date comes and it is just not paid.

“ 30

“The owners have underestimated the true cost of the job once variations or provisional sums are taken into account, and they have literally run out of money.” - Just one of the factors that can contribute to builders struggling to recover their final progress payment

Canberra Building News I edition 1-2015

What can I do?

•

There are a number of pro-active steps that you can take to protect yourself. Not all will be necessary or suitable for your situation, but they are worth contemplating before you enter into your next contract.

•

Make sure the owners have sufficient money from the outset

Of course, there is a risk that it will never be paid, but the risk of losing $2,000 or $5,000 may, depending on how frequently it occurs, be better than the risk of losing an entire progress payment.

•

Be vigilant with documentation for variations and extensions of time Owners cannot budget for costs that they did not expect. If you follow the contract process for variations and extensions, you will be giving the owners as much warning as possible of increases in costs and ensuring that they can afford them. You may think that you have gotten away with not complying with the variation notice provisions because the owners have paid without complaint. However it is likely that payment was made from a limited pool of money, in which case problems will arise in the later stages.

•

Practical completion Never, ever, ever hand over the keys until you are paid! MBA ACT’s contract sets out a process for achieving practical completion, and you should follow it, to the letter.

•

Use a trust account or joint account If the owners are funding (rather than a bank), it is possible to set up a joint account to hold the contract sum while the work is being undertaken. At least then the money is set aside for the project. If a dispute arises about a progress payment, consider negotiating with the owners for them to pay the last payment into a trust account to be released once all defects are fixed. Most legal firms (including us) would be happy to facilitate this arrangement for you.

•

Consider getting security In cases where you have large exposure (for example, ordering expensive materials such as customised windows) consider asking for a bank guarantee or monies to be deposited into a trust account as security for payment. Where you want the right to hold security for in-scope works, it needs to be documented up front as part of the contract. However, where the large exposure arises as part of a variation, consider making your acceptance of the variation conditional on security being provided.

MBA ACT’s contract gives you the right to ask for evidence of the owners’ capacity to pay for the work. This entitlement exists at the commencement of the contract (i.e. capacity to pay the contract price), and every time a variation is requested (i.e. capacity to pay the cost of that variation). By insisting on getting this evidence, you are not only protecting yourself but also assisting the owners to manage their budget for the work.

•

Offering a smaller retention could alleviate these concerns

•

Lodge a caveat MBA ACT’s contract (in the ACT only – not NSW) gives you the right to lodge a caveat. Whilst a caveat does not entitle you to sell the land, it does mean the owners cannot sell without your consent, and, if the owners’ bank steps in to sell it, any money left over after the bank satisfies its debt must be given to you to satisfy your claim before any is paid to the owner. You can, however, be liable for damages if you lodge a caveat without reasonable cause. We can generally provide you with advice and assist you with the lodgement process for less than $1,000, including the caveat lodgement fee.

Some of these steps require adding special conditions to the standard terms of the contract. If you are interested in discussing how to implement any of these options, or would like assistance in understanding any of the existing rights and obligations under your contracts, the expert construction team at Meyer Vandenberg would be happy to assist.

For more Information please contact: Alisa Taylor, Partner Construction Litigation Team Call: (02) 6279 4388 email: alisa.taylor@meyervandenberg.com.au

Consider offering security Retentions or other security are rare in residential projects, and MBA ACT’s contract does not propose any kind of security for the owners. However in our experience many disputes about final progress payments arise because the owners are not confident that the builder will return to rectify defects, and are not prepared to let go of their only leverage. Builders in such circumstances find that their entire last payment becomes an unofficial retention. Canberra Building News I edition 1-2015

Behind the scenes of

Canberra’s Growing Asset As a driving force in construction equipment hire in the ACT region, Asset Construction Hire (ACH) prides itself on the quality of equipment and services it provides as well as its highly specialised and trained staff. “Our people are completely committed to providing the best customer service possible,” says company director and co-founder Darrell Leemhuis. “Even more than offering the extensive range of equipment that we do – over 250 elevated work platforms plus an expanding range of plant hire equipment – we employ skilled people who have a wealth of experience across many areas of this industry.” Certainly those team members are some of Asset Construction Hire’s best advocates. Manager Hunter Cocks, who oversees all operations including setting the future business direction and procuring capital assets, says he thoroughly enjoys working for what is essentially a family business with a well-established history in the Canberra region. “Being part of a team that has been able to develop a business from scratch to become a market leader within a short period of time has been terrific.”

designed machines and software in the industry.” Fellow Mechanic, Thomas Hebblewhite believes it’s all about providing quality service and supporting the customers.

“I have a total of 18 years in the hire industry and my aim is to continue to build “Our team is professional and friendly. my client base with the quality plant and We’re a local business and it’s about equipment at my disposal,” says Graham. giving back to the local community as For Trevor it’s about providing a level of well.” customer service above and beyond that Charged with everything from cleaning the which is expected. equipment to completing on-site service

“You can have all the equipment a client needs, but you also have to have the expertise and skill that ensures they don’t need to solve the problem – that’s what we’re here to do.” This company ethic extends to the staff involved in the care and service of the equipment itself. Senior Mechanic Trevor Scott, responsible for all logistical movements of the machinery as well as its maintenance and repair and with 17 years experience behind him, says the focus on professional development across the company is second to none.

Account Managers Graham Wilson and Trevor Moore, who’s primary roles encompass customer management and business development, suggest watching “From a professional point of view, it’s the business continue to grow is one of great to have the opportunity to learn the elements which similarly give them the about, maintain and repair the latest most satisfaction.

deliveries, Adam Hall couldn’t agree more. “The diversity of the job is great – completing different tasks on multiple work sites means things are always changing. I also get a real enjoyment from meeting different customers and experiencing the different aspects of the construction industry. “Being able to undertake further training programs to enhance my skill levels is also a real benefit and another advantage of working for a family-owned mid-sized company like Asset”. 2015 has seen staff numbers grow. New to the team is Office Administrator, Shauna Levers, who previously worked for national companies but is now looking forward to working in a city the size of Canberra and the close customer interaction that ACH has set up. Also new to the team is full-time mechanic, Daniel Gower, who is keen to add the specialised field of Elevated Work Platform into his portfolio. For Darrell Leemhuis, the company’s ongoing commitment to the highest levels of service are paramount. “We’re proud of what we do and the industry we work within and will continue to set as high a standard as we can. That’s why we’re also really pleased to be involved with the MBA Awards, which recognise and acknowledge the work and services of those in the building and construction sector.”

ACH team (l-r); Hunter Cocks, Daniel Gower, Trevor Scott, Thomas Hebblewhite, Shauna Levers, Trevor Moore, abscent - Graham Wilson and Adam Hall.

www.assethire.com.au

Canberra Building News I edition 1-2015

MBA Group Training

provides continual learning opportunities through industry training and education services. Safe work practices within the industry are a priority with the Master Builders and expert advice is available in a range of areas including occupational health and safety requirements, industry codes of practice, education and training.

working at heights The aim of this course is to provide participants with information, tuition and activities that will enable them to identify, assess and safely work above 1.5 metres with fall protection where required.

Objectives • •

certificate iv in building MBA Group Training conduct the Certificate IV in Building and Construction (Building) at the Master Builders Skills Centre in Fyshwick. The course contains six modules that make up the Builders Licence Course. Modules include Estimating & Stock Control, Construction Principles, Occupational Health and Safety, Supervision Site and Environmental Administration, Contracts & Legal Obligations.

ASBESTOS AWARENESS The aim of this course is to provide participants with an awareness of the hazards and health effects of asbestos and its possible location in ACT homes and the community. Under the current Work Health and Safety ACT an employer must provide information and training to protect all persons from risks to their health and safety arising from their work.

Objectives • • •

Understanding the risks, health hazards and effects of asbestos. Identify Asbestos Containing Materials (ACMs) & their location in a building Manage the correct procedure for the reporting of asbestos.

•

Identify work area requirements ; and Follow OH&S Policies & Procedures and identify relevant OH&S legislation, regulations and standards covering Fall protection equipment; Identify approved methods of moving tools and equipment to minimise potential to falling objects.

apply traffic control plans This course provides training for staff that are required to set up and work with Traffic Control Plans (TCP). Note: This course does not qualify participants to select or modify existing TCPs or control traffic with a Stop/Slow bat.

Objectives • • •

• •

Identify safety implications of traffic control at road works and personal responsibilities. Set up and close down traffic control devices according to a nominated traffic control plan, to OH&S and legislative requirements. Check, clean and store equipment on completion of work. Operate a 2-way radio effectively.

For more information about training opportunities contact MBA Group Training: T 02 6280 9119 F 02 6280 9118 E training@mba.org.au www.mba.org.au/training

Jerry Howard - Deputy Executive Director

De-laminating render: A complete lack of bond strength has resulted in render delamination as shown in the above photo. Are these render grade bricks? And is the render thickness also an issue?

De-laminating render The de-laminating render depicted in the photograph above clearly indicates loss of bond strength. This can be attributed to a number of factors as outlined below. The thickness of the render coat can also have an impact on the render de-laminating. Unfortunately, the cost associated with re-doing this render will far outweigh the initial costs of providing a splash coat to ensure a strong mechanical bond as outlined below.

Certain categories of clay bricks/blocks having a comparatively high IRA will absorb considerable amounts of moisture at the interface. While these instances are the extremes, the result is nevertheless similar; hydration or strength development of the cement binder is not complete. As a result, the cement at the interface often appears in the render failure as a soft powdery layer. Therefore, the type of background and the treatment provided to each type will significantly affect the quality of the adhesion of the render.

General The characteristics of substrates impinge greatly on the performance properties of render. In view of the wide range of substrates, factors such as bond and bond mechanisms, still remain the more salient factors of render application. Bond Mechanisms Chemical/Physical Bond: Occurs when the substrate takes moisture from the render and mixes with finely ground cement particles, resulting in the development of a crystalline growth developing. These cement particles, together with the cement present at the interface, must rely upon the continued presence of moisture to facilitate hydration and subsequent bond strength development. Thus, the absorption characteristic of the background material, and in particular the â&#x20AC;&#x2DC;Initial Rate of Absorptionâ&#x20AC;&#x2122; (IRA) are of great importance. Substrates of a very dense nature such as highstrength concrete will have very little suction therefore a very low IRA permitting only minor ingress of moisture and fines from the render. 34

Canberra Building News I edition 1-2015

Mechanical Bond: A factor directly correlated to the roughness of texture apparent on the surface of the background. Smooth surfaces will offer no or minor mechanical bond, whilst textured surfaces will provide a better mechanical key, generally related to the degree of texture. As an example, raked joints to brickwork achieves a high degree of mechanical bond as do scabbled surfaces. Render grade or grooved bricks also provide an excellent key for render. Initial Rate of Absorption (IRA): The suction between the render and background is a critical initial factor to ensure sufficient water is retained at the interface for cement hydration. This also applies to the prevention of excessive loss of moisture from the body of the render; namely, rapid drying which will result in various forms of early age cracking. The use of a splash coat at a ratio of 1:2 or 3 cement to coarse sand, mixed into a creamy slurry, thrown onto the substrate, producing a rough texture, followed by moist curing for three days. Curing is essential, as the splash coat may dry-out too rapidly, providing only limited hydration properties. This will result in a weak crumbling surface incapable of performing as a base for subsequent coats.

This year marks the 25th anniversary of the Master Builders and Cbus Excellence in Building Awards Highly recognised as the industry’s most glamorous night of nights, the Awards highlight Canberra’s best in building and construction from our regions residential builders, commercial builders, civil contractors, architects, designers, subcontractors, suppliers and associated professionals. Key dates Final Date for Submissions : 13 March 2015 Judging Period : 2 April – 8 May 2015 Awards Evening : Friday 26 June 2015 National Convention Centre, Canberra, 31 Constitution Ave Canberra ACT

For more information visit www.mba.org.au/events/buildingawards2015 or contact Elissa Campbell, Events Coordinator Tel: 02 6175 5968 or ecampbell@mba.org.au Naming Rights Sponsor

Major Sponsor

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Supporting Sponsor

Goodman Law named Number 1 in Australia’s 2014 Top 50 Law Firms “Top 50 Law Firms is committed to ensuring the efforts of small to medium and large law firms in Australia are recognised, and are given the opportunity to grow and succeed,” explained James Vickery, founder of Top 50 Law Firms and CEO of I Know IT, specialists in IT solutions for legal firms. The Top 50 Law Firms website showcases law firms in Australia for their high standards, legal expertise and dedicated service, as nominated and voted for by the public. Goodman Law featured in the Top 50 Law Firms in Australia in both 2012 and 2013. Receiving the Number 1 vote in 2014 illustrates dedication to continued excellence. Steven Gavagna, Principal Director of Goodman Law, acknowledged the significance of such an award. “It is an outstanding outcome for us to have been recognised for our standards and expertise”, said Steven. “Being voted Number 1 by the public is an exciting tribute to the staff at Goodman Law, who work so hard in creating excellent results and having fantastic relationships with their clients.”

As a small to medium law firm in Canberra focusing on building and construction law, commercial law, property and conveyancing, the award is a great boost. “We know from the significant number of clients that return to us, as well as recommending us to their friends and colleagues, that we have a strength in our community,” said Steven. “To be recognised as being outstanding among all Australian Law firms is a great honour”. Steven reflected on winning the Master Builders ‘Professional of the Year’ in 2012. “The ‘Professional of the Year’ award was a genuine peak for me as an individual. I have really enjoyed assisting the Master Builders and the members because I am passionate about the building industry in Canberra,” he said. “By contrast, the number one position in the ‘Top 50 Law Firms’ shows that the entire Goodman Law business is consistently warmly regarded by clients and associates, and for that I am equally grateful and really delighted for the rest of our staff.” Steven can be reached at Goodman Law on 6206 9900 or by email at admin@goodmanlaw.com.au

Canberra Building News I edition 1-2015

The Master Builders Association of the ACT now on Facebook. Posting on a regular basis, our Facebook page is your key to staying informed with all the latest information on training, events, industrial relations, WHS and much more. You can like us @ Facebook.com/MasterBuildersACT

the 2015 CCF Earth Awards Excellence in Civil Construction The CCF Earth Awards are the most prestigious awards in civil infrastructure and have the specific aim of recognising excellence and innovation in the fields of construction, environmental and project management. Final Date for Submissions/Entries close Friday 13 March 2015 Judging Period 7 April â&#x20AC;&#x201C; 9 April 2015 Awards Evening Friday 8 May 2015 Canberra Rex Hotel, 150 Northbourne Avenue Braddon ACT For more information visit www.ibiawards.com/earthawards/enter-2015-ccf-state-awards/ or contact Elissa Campbell, Events Coordinator Tel: 02 6175 5968 or ecampbell@mba.org.au

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Commercial & residential Small & large quantities Dry stack retaining walls Masonry blocks Step treads Concrete curbs Fence posts Plus more

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40 Dacre St Mitchell ACT 2911 | P 02 6242 7033 F 02 6242 7040 | E binkmit@bigpond.net.au | www.binkcement.com.au

BSB41412 Certificate IV in Work Health and Safety May Session Enrolling Now!

Mick Peterson and Associates (RTO #40713) have been working in the Health and Safety field for over 25 years and have the qualifications and experience to assist your business.

Who should undertake this training?

 Managers or Directors or a member of their team. Recent changes to Work Health Safety laws place great emphasis

on demonstrating due diligence in managing health and safety. Significant penalties now apply to individuals.  People who have Work Health Safety as a part of their duties or who wish to move into this field of work.  Businesses that want a competitive edge when responding to tenders.

The course fee (normally $2500) is heavily discounted for people working in the construction industry at a cost of $1500. For further information ring Mick Peterson 02 6161 1119 or 0421 076 822

Mba group training working at heights The aim of this course is to provide participants with information, tuition and activities that will enable them to identify, assess and safely work above 1.5 metres with fall protection where required.

Objectives

Shower screens Glass Splashbacks Mirrors cut to size Glass replacement Security doors & screens Sliding wardrobe doors & internals Crimsafe doors & screens

6241 7688

Fax: 6241 3688 26 Sandford Street, Mitchell. ACT

•

Identify work area requirements ; and

•

Follow OH&S Policies & Procedures and identify relevant OH&S legislation, regulations and standards covering

•

fall protection equipment; Identify approved methods of moving tools and equipment to minimise potential to falling objects.

For information about further training opportunities contact MBA Group Training: T 02 6280 9119 F 02 6280 9118 E training@mba.org.au www.mba.org.au/training

National update

A Snapshot of industry news from around the country

Hiring Intentions Rise with Looming Housing Boom The latest national survey of building and construction shows more jobs are set to be created by the industry in 2015 as building activity continues to strengthen and confidence in the sector grows. “Master Builders Australia’s National Survey of Building and Construction shows employer hiring intentions rose in the December quarter 2014 to their highest level since before the Global Financial Crisis (GFC) as builders indicate their intentions to hire more staff and sub-contractors,” Peter Jones, Chief Economist of Master Builders Australia said.

“The industry is on track to provide more job opportunities for young people as the index measuring builders’ intentions to take on apprentices lifted in the December quarter to a seven year high,” he said. “The Survey has good news for young people as the index measuring builders’ intentions to employ apprentices rising to its highest level in seven years and a third of respondents planning to put on more apprentices in the next six months,” Peter Jones said. “It’s a clear and positive signal that the building and construction industry is creating more jobs and career opportunities in one of the nation’s key growth industries”

years and now approaching pre-GFC levels” “The profitability of building firms rose to record the best result in nearly four years and the benefits should flow through to the wider economy as the Survey also recorded a marked improvement in builders’ intentions to invest in plant and equipment” “However, while the Survey reinforces Master Builders’ forecast strong growth for residential building in 2015, conditions in the commercial construction sector have some way to go before they could be described as healthy” “Improvement in commercial construction is expected, but a return of business confidence in the sector is essential for a sustained upturn” “Master Builders, in its Pre-Budget Submission, will ask for a more pragmatic Budget repair strategy to ensure that business confidence is not undermined,” Peter Jones said.

Report Reinforces Importance of a Shared Commitment to Safety Safe Work Australia’s report Work Health & Safety Perceptions, Construction Industry reinforces the importance of employers, employees and contractors having a shared commitment to improving safety on building sites.

“To ensure the increased demand for apprentices translates to the best outcomes for the industry and young people, Master Builders reinforces the need for new thinking by the Government to enable builders and education providers to enhance pathways from school to apprenticeships”

“The report provides a valuable snapshot to assist the industry to better understand the range of issues that impact on safety,” Wilhelm Harnisch CEO of Master Builders Australia said.

“Confidence in the building and construction industry continues to grow with the Survey recording a sharp rise in expected building activity to the highest level in seven years,” Peter Jones said.

“The report confirms that the building and construction industry takes safety extremely seriously and highlights where the focus needs to be for safety outcomes to continue to improve,” he said.

“The Survey indicates builders see significantly higher industry activity coming in the next six months which is translating into increased confidence in their own business prospects which have been trending up over the past two

“Eliminating the use of alcohol and drugs is an important example as is increasing awareness that improving safety must be a responsibility shared by both employers and employees,” Wilhelm Harnisch said.

Canberra Building News I edition 1-2015

“Master Builders will continue working with Safe Work Australia, the Federal Safety Commissioner and the industry to fine tune work health and safety practices to enhance safety”

Master Builders Australia has warned regulators and importers to be vigilant against the rising tide of Chinese products containing asbestos, declaring that the response needs to be multi-layered.

“It should be noted that Safe Work Australia has identified the construction industry along with many other industries where safety outcomes can be improved”

Master Builders Australia chief executive Wilhelm Harnisch said the issue of asbestos-laced products from China was “critical’’ for the industry and that rising levels of foreign trade posed serious challenges for the community.

“While the Report is based on a limited sample of industry respondents and its findings ‘are only indicative and not conclusive’, it nevertheless shows where the industry is doing well in continuing to improve safety and where there is room for improvement,” Wilhelm Harnisch said.

Master Builders Backs RBA Governor’s Housing Affordability Call Master Builders Australia backs call by Reserve Bank Governor Glenn Stevens for measures to ensure that first home buyers are not locked out of the housing market. “The nation has an obligation to ensure that home ownership remains an achievable aspiration for first home buyers,” Wilhelm Harnisch CEO of Master Builders Australia said. “To meet this responsibility we must build an adequate supply of new housing to exert downward pressure on house prices and to ensure that the intergenerational home ownership gap does not widen for first home buyers”

He said there were also problems with foreign-sourced steel, glass and electrical cables. The industry, as well as importers and exporters, needed to be aware that countries such as China were responsible for a significant slice of the world’s asbestos production. The Australian newspaper reported on 24 February that consumers were being exposed to a booming trade in Chinese products laced with asbestos, affecting the building, vehicle, mining and retail sectors. The Abbott government has conceded it is unable to guarantee that Chinese imports do not contain asbestos but believes it is aware of — and covering off — the worst of the risks. Mr Harnisch said awareness needed to be raised across the private sector and government about the risks. “This is a critical issue for the building industry,’’ he said. “Here’s an opportunity to nip this in the bud.’’

“Master Builders Pre-Budget Submission calls for reforms to increase the housing supply and improve affordability without negatively impacting the Budget, such as providing competition payments to state and local governments to undertake genuine structural reforms that result in more efficient building approvals and land release processes,” Wilhelm Harnisch said.

He said the Australian Competition & Consumer Commission should be closely examining the developments to ensure that cheap and dangerous imports did not become a fact of life. Australian Manufacturing Workers Union national secretary Paul Bastian said the union favoured tighter and better regulation to ensure there wasn’t a spread of asbestosrelated illness. He said the extent of asbestos products in goods including plasterboard, gaskets and brakes meant that Australian law was failing. “It really makes a mockery of our ban; this is a substance which is lethal. It kills,’’ he said.

“Reducing charges imposed on ‘brownfield’ developments will encourage more medium and high density housing close to existing transport and other community infrastructure”

Mr Bastian said exporters and importers needed to take responsibility and to ensure, to the best of their abilities, that goods were free of asbestos.

“Master Builders Pre-Budget also calls for the adoption of an Eight Point Affordability Plan to tackle other supply side constraints that unnecessarily holds up the release of more land for greenfield housing developments,” Wilhelm Harnisch said.

Part of the challenge facing industry is that detecting asbestos can be difficult. Customs officials target suspicious cargo but are widely known to suffer from a lack of resources.

Canberra Building News I edition 1-2015

Civil Construction training



with MBA Group Training

Certificate III in Civil Construction. Assessment conducted by Orbus3 RTO NO. 40761

MBA Group Training is offering current industry workers, with a minimum of seven (7) years relevant experience, an opportunity to gain a nationally recognised qualification in Pipelaying. Pipelayers install underground pipes on major infrastructure projects such as highways, dams and the drainage of airfields and sub-divisions. The pipes may be constructed from reinforced concrete, steel or plastic and are used for stormwater, sewerage, water supply and gas pipelines that may extend many hundreds of kilometres. Workplace tasks generally include: •

Reading site specific plans and specifications and performing measurements and calculations

•

Preparing and installing various sizes and types of pipe e.g concrete, steel & plastic

•

Road Construction and Maintenance

Plant operations

Pipelaying

Locating, Constructing and Installing concrete structures associated with pipe laying – gully pits, culverts etc signs

MBA Group Training is offering current industry workers, with a minimum of seven (7) years relevant experience, an opportunity to gain a nationally recognised qualification in plant operations. This qualification also meets the licensing requirements for NSW. Plant operators are responsible for the operating and day to day maintenance of specialised plant and machinery. Workplace tasks generally include: •

•

Loading, unloading and preparation of machinery for the day’s operation including cleaning, lubricating and refuelling Reading plans and specifications and identifying location of underground services Operation of equipment, including attachments, in accordance with site safety and environmental requirements.

Operation of equipment, including attachments, in accordance with site safety and environmental requirements.

For information about this training contact MBA Group Training

T 02 6280 9119 F 02 6280 9118 E training@mba.org.au www.mba.org.au/training

MBA Group Training is offering current industry workers, with a minimum of seven (7) years relevant experience, an opportunity to gain a nationally recognised qualification in road construction and maintenance. Road construction and maintenance workers operate specialised plant and machinery during the construction and maintenance of roads. Workplace tasks generally include: •

Reading site specific plans and specifications and performing measurements and calculations

•

Spreading, levelling and compaction of materials to form roads and footpaths to the required heights

•

Carrying out minor repairs to potholes and damaged surfaces including concrete work

•

Maintaining traffic management and setting up and installing road barriers and signs

•

General roadside maintenance including repairs to signs and guideposts.

Canberra building news edition 3 - 2011

Multi-purpose training & Meeting facilities, tailored for you… and near you!

When you need room for a business meeting or a training program, there is always a professional solution in the Master Builders ACT training facility located next to the DFO in Fyshwick. We offer rooms of various sizes, from comfortable one-on-one interview rooms, training and meeting rooms accommodating up to 60 people, or for that very special meeting the Master Builders ACT Boardroom is also available for hire. Your guests will not have to find or pay for parking as our site has 120 free car parking spaces.

Improve your skills and professional development with the following courses: •

Wet Area Waterproofing

•

Computer Software

•

Confined Space Training

•

ACT Work Safety Representative

Open Cable Registration

•

Optical Fibre Cabling

•

Traffic Control Management

•

Work Safely at Heights

•

Cert IV Project Management

Business Administration and Management

•

Testing and Tagging of electrical equipment

•

Computerised Accounting

•

ACT Construction Induction Card

• Senior First Aid (Level 2)

The above courses are examples of courses for which the Training Fund Authority may reimburse a percentage of the training cost (conditions apply).

With flexible room lay-outs and seating arrangements, choose classroom, theatre or boardroom style. The dedicated Master Builders staff are trained to ensure your event is a success.

For further information contact, Master Builders Group Training - (02) 6280 9119

Always a highlight on the Presidentâ&#x20AC;&#x2122;s Luncheons calendar is the Life Members, past Presidents and Executive Directors luncheon. For the 2014 luncheon we were so glad to see many well-known faces from the past who served the Master Builders over many decades. During the luncheon special guest John Mackay AM spoke of his 20 years in the Canberra business community, his role with several major businesses, charities and community organisations and his story told in a book written by Graham Downie a former Canberra Times journalist.

Pictured from left to right: Frank Gillingham, Nigel Ford, Jim Hanrahan, Trevor Rodgers, Rod Mitton, Fred Marr, John Hailey, John Miller, Gracie Ferreira, Simon Butt, Valdis Luks, John Mackay AM, John Hindmarsh AM, John Haskins AM, Mike Raffety, Charlie Hancock, Col Alexander OAM, Paul Murphy, Bryan Leeming

Thursday 4 December Sponsored by Village Building

Thursday 5 February Sponsored by AAC Environmental

Peter Naylor Andrew Kefford Arthur Watson

Master Builders ACT Asbestos Response Taskforce AAC Environmental

Canberra Building News I edition 1-2015

Tuesday 24 February Sponsored by Village Building

Valdis Luks David Dawes Bob Winnel AM

Master Builders ACT Land and Planning Directorate Village Building

BUILDING FOR The

FUTURe Master Builders Skills Centre Building Fund has been established and will be used exclusively for the benefit of non profit organisations for the acquisition, construction or maintenance of buildings for building and construction training.

MBSCBF

The Trustee is seeking financial contributions and other gifts for the Building Fund from Master Builders members and the public. The primary objective of the Fund is to purchase land and pay for construction where there are definite plans to construct a building to be used as a school by non-profit organisations for the training of apprentices and others in the building and construction industry and any other industry as the Trustee may decide from time to time. To make a tax deductible contribution to Master Builders Skills Centre Building Fund please contact Master Builders Association of the ACT.

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 | PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au

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As a member of the MBA , Lennock VW helped me save $8,000 on my new VW Amarok*

How much are you paying? Danny from AM & DM Roofing Contractors / Smartfix saved $8,000* on his new VW Amarok by using his membership discount at Lennock VW. Are you getting the most out of your membership with the Master Builders?

Contact Rick Davis at Lennock VW and find out what savings you can make. lennock Volkswagen 150 Melrose Drive, Phillip 17000028 Tel. 02 6282 2022 www.lennock.com.au

* Discount may vary on make of vehicle

Find out how much you can save with our corporate partners. Visit www.mba.org.au for more information.

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Canberra 46

Canberra Building News I edition 1-2015

The Master Builders Fidelity Fund was established in 2002 to protect the interests of both consumers and builders in the ACT. For Builders, the Master Builders Fidelity Fund provides financial certainty as money held by the Fund remains in the ACT. It is securely invested and used for the betterment of the ACT builders and consumers and is therefore not subjected to the vagaries of international markets and events. The Fidelity Fund issues Fidelity Certificates which provide consumer protection for owners of new homes and those making significant changes to homes. The Certificates protect the owner during construction and for up to six years from the date of practical completion. Master Builders members receive reduced premium rates and we also offer special discounts for volume users of the Fidelity Fund. For more information contact the Master Builders Fidelity Fund.

Go online and find the cover that is right for you. www.mba.org.au/fidelity_fund

Master Builders Fidelity Fund 1 Iron Knob St, Fyshwick ACT 2609 | PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6175 5995 Fax: (02) 6257 8349 Email: mbff@mba.org.au Web: www.mba.org.au

Images: courtesy Gold Coast Tourism

BUILDING AUSTRALIA Master Builders Australia National Conference & Awards

Save the date — Gold Coast,12-14 November 2015

You’re invited to join Master Builders from around Australia to be part of the most exciting and rewarding building Industry Event in 2015! The Master Builders biennial National Conference will be held 12-14 November 2015 at Jupiters Hotel Convention Centre Broadbeach Gold Coast, a fully appointed one stop conference venue with over 540 superbly appointed accommodation rooms with easy access to beaches, restaurants, shopping centres, Theme Parks and attractions. The National Conference ‘Building Australia’ will deliver a comprehensive program of high profile speakers that will examine the building industry outlook and topics relevant to today’s building and construction industry. The conference includes a fully incorporated partners program, an exhibition and an exciting social program.

PLATINUM SPONSOR

Canberra Building News I edition 1-2015 conference ad act half.indd 1

1/08/2014 9:40:28 AM

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SEEARS W O R KW E A R MSA AuthoriSed deAler

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SEEARS

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W O R KW E A R

www.seearsworkwear.com.au

60 Barrier Street Fyshwick ACT Tel: 02 6280 4111 Fax: 02 6280 9111