EDITION 1-2013
UNEKE FURNITURE
LOCAL COMPANY CREATING UNIQUE PIECES FOR YOUR HOME OR OFFICE
MASTER BUILDERS NATIONAL CONFERENCE IN CANBERRA 14-16 NOVEMBER
NEW BUILDING CODES FOR WINDOWS & BALUSTRADES
CHANGES TAKE EFFECT FROM 1 MAY
BUILDING AWARDS ENTRIES CLOSING SOON!
HAVE YOU GOT YOUR ENTRIES IN? CUT OFF 15 MARCH
MASTER BUILDERS ACT CENTENARY BOOK
YOUR CHANCE TO CONTRIBUTE
FRANKLIN CHARITY HOUSE
GOES TO AUCTION
Master Builders Members don’t pay full price.
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MASTER BUILDERS EXECUTIVE COUNCIL President – Simon Butt Treasurer – Frank Porreca Commercial Builders Council Chair – Valdis Luks Civil Contractors Council Chair – Andy Crompton
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National Construction Code
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Noisy Workplaces New legislation protects employees from noise-induced hearing loss.
Will you be ready for the changes. Effective 1 May 2013.
Residential Builders Council Chair – Frank Porreca Professional Consultants Council Chair – Hans Sommer Suppliers & Subcontractors Council Chair – Graciete Ferreira MASTER BUILDERS MANAGEMENT TEAM Executive Director – John Miller Deputy Executive Director – Jerry Howard Director Industrial Relations – Mike Baldwin Senior Management Accountant – Louise MacCallum
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MBA Centenary Book
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Tell us your stories. We are putting together a book about the Master Builders that built Canberra
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Building Awards
Uneke Furniture Local Business creates unique pieces for your home or office.
40 Molonglo Demonstration Precinct
Entries closing soon.
‘Scope’ at Coombs, an initiative of the Land Development Agency (LDA).
12 Prepare for your adjudication
16 Changes to Land Rent Scheme
Security of Payment legislation in the ACT has resolved $millions in disputes.
21 MBA National Conference
This year’s National Conference is in Canberra during November.
MBA Group Training Apprentice & Cadet Awards Date: Friday 22 March Where: Ainslie Football Club The MBA Group Training Apprentice & Cadet Awards is an opportunity for industry professionals and industry bodies to come together to support and recognise outstanding work by the current MBA Group Training apprentices and cadets.
Changes to coincide with the land release in Coombs.
22 Problems with the construction paradigm
Senior Manager – Marketing & Membership Services – David Leitch MASTER BUILDERS GROUP TRAINING General Manager – Wendy Tengstrom
Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyshwick ACT 2601 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au Advertising enquires Senior Manager - Marketing & Membership Services – David Leitch Tel: (02) 6175 5970 Mob: 0437 379 391 Email: dleitch@mba.org.au
Paradoxes and contradictions prevent the Act working optimally.
CCF Earth Awards Date: Friday 10 May Where: National Arboretum
The Earth Awards have the specific aim of recognising outstanding work in construction and environmental excellence which reflects development and use of the best technologies and practices by Australian civil contractors.
Master Builders & Cbus Excellence in Building Awards Date: Friday 28 June Where: National Convention Centre The Master Builders Excellence in Building Awards are largely regarded as the premier awards and networking event for the building and construction industry throughout Canberra and the surrounding region.
Main Cover Image: Uneke Furniture creating amazing pieces for the home or office. See p30-31 for more information.
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President's Message
President of Master Builders Association of the ACT, Simon Butt This year we go through our longest federal election campaign ever, just on seven months, and it is important for you to know as members that the MBA-ACT, primarily through the representations of our MBA National office, continue to develop and promote to the Federal Government a range of strategic policies and legislative reforms that support all sectors of the building and construction industry. Recent submissions have included a pre-budget paper addressing the need for good fiscal management, reductions in red tape, productivity enhancing reforms and the need for tax reform. This submission highlighted the
Proposed significant reductions in public service numbers here in the ACT must be offset by a commitment to providing a funded building and construction industry strategy for the ACT. Otherwise the wider Canberra economy, which has been resilient to date, could suffer a very poor outcome, potentially delaying any chance of an early recovery. At the local level MBA ACT continues its good working relationship with the newlook ACT Government focusing on the key issues of improving opportunities for local involvement in projects, improved
more importantly they need to ‘walk the walk’ to change the poor culture and attitudes and safety that prevail on too many sites. Safety is an issue that should be given the highest priority as part of a company’s management strategy and includes the need to reinforce the message that safety is everybody’s business. On a more positive note it is great to see the continuing good work being done by
Safety is an issue that should be given the highest priority as part of a company’s management strategy and includes the need to reinforce the message that safety is everybody’s business.. fact that a strong and vibrant building and construction industry supports the wellbeing of the community as a whole. Other representations to government have related to legislative reforms of the Fair Work Act, Modern Award Reviews, Building Codes and responding to industrial Wages claims amongst many others and all having significant impacts on our businesses. As we head into 2013 it is clear that we are still in the throes of the economic down-turn with the likelihood that recovery will be slow and take some time to kick in. It is therefore incumbent on whoever is the successful party in the September federal election that they have a strong commitment to a planned recovery strategy for our industry. It is not good enough that there is a focus just on cost-cutting, but that policies are developed to stimulate the local and national economy.
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planning, development and procurement processes, budget allocations and of course safety. And whilst we may not always get what we want the MBA does manage on many occasions to influence a sensible outcome for the benefit of our members. The MBA is currently involved in the ACT Government’s ‘Construction Safety Advisory Group’ (CSAG) and the MBA’s own committee is preparing its response to the ‘Getting Them Home Safely’ report. And it is still evident from on-going media reporting that there is a long way to go for the construction industry to turn around not only its safety performance, but also the incorrect perception that our industry is one that is driven solely by the profit motive. All contractors, head contractors and subcontractors, whether in the residential, civil or commercial sectors need to understand their obligations under the Work Health & Safety Act and
the team at MBA ACT as they manage the needs and competing interests of our membership. MBA Group Training has its new intake of apprentices on board for the 2013 year and has a significant program of high quality training for members, there are technical questions and issues aplenty as seen in the regular journals and magazines that the MBA issue, the IR team have their work cut-out for them as the current round of EBA negotiations continue and the on-going work of marketing and promotion of the many MBA events is in full swing. It certainly promises to be a busy year at the MBA and I for one am proud to be a part of such a successful organisation.
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Executive Director's Message
Executive Director of Master Builders Association of the ACT, John Miller LESS STUPIDITY – MORE INDIVIDUAL RESPONSIBILITY I like my local newsagents. They are fantastic, hard-working and honest people. They remind me of many of the good people in the building and construction industry. In fact, their son is an apprentice carpenter working his way through the industry at the moment. If he’s like his Mum and Dad, and from what I’ve seen he is, he will be a valuable contributor to this industry for many years. He won’t short change anyone who employs him; he’s been taught to accept responsibility and he hasn’t been wet-nursed to the point where he either can’t look after himself or folds when things get a bit tough.
Seriously, when is all of this going to stop? Do the people making these decisions really think they are saving the world? It must be a miracle of mankind we have survived so long without this type of intervention. It is way past time that an audit of some of this madness took place and we began to transfer responsibility back to individuals in their private and working lives. The comprehensive flogging of the ability for people to choose is a modern day phenomenon pervading through so many levels of society.
In a recent radio interview I was using the terrible situation on our roads to highlight the point that ultimately, far more often than not, it is erratic behaviour by individuals which is killing people in car accidents. We can have the best systems in place, better roads, safer cars, RBT, speed cameras and so on, but individuals not concentrating or driving erratically will shatter lives, their own or others. This example alone is why we need to pay far more attention to individual responsibility instead of inventing crass rules and fabricating stories designed to shift responsibility.
The comprehensive flogging of the ability for people to choose is a modern day phenomenon pervading through so many levels of society. My biggest fear for this young man and many like him is that they are being increasingly undermined by “the system”. In a rabid push by so many well meaning people, some may argue if they are well meaning, resilience, character and individual responsibility is being eroded at an alarming rate. “Don’t worry, we’ll protect you and if something happens there’s always someone else to blame.”
During a recent conversation with my newsagents the topic got on to what you can and can’t do anymore and the growing nanny state. Even the local newsagent is getting bogged down with reporting, particularly where they sell lottery tickets. We need reams of paperwork to deal with potential problem gamblers. Just up the road at the local primary school, a child celebrating a birthday can’t take a cake anymore to share with the class. You can pass on germs when you blow out the candles.
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The biggest concern for business most of all is that they are on the receiving end of this attack. Why? Simply, there are two standards in play one standard in your private life and one when you turn up for work. Of concern for all of us as citizens however, is a lot of the madness is creeping steadily into our private lives.
Individual behaviour can have so much impact on the lives of others. In a society where individuals are increasingly being wrapped in cotton wool, told they can’t do this and can’t do that, and then when they get into trouble that someone else is to blame and your shortcomings can be traced back to having dandruff as a child, is it any wonder a lot of people are putting their hands in the air and asking, “Why bother?”
If you have managed to get this far down in reading the article and wondering what it’s all about, it’s about any number of things. It’s about the safety debate in our industry at present; it’s about the loss of leadership and the will to just say “NO” to some of this stupidity; it’s about the frustration experienced by business owners and others; it’s about dumb decisions and it’s about marking the page and seeing if we can do much better in the future.
Our auditing services include: • CertifiCation, seCond party and internal audits for: - Safety - Quality - environment • aCt shared serviCes prequalifiCation • Whs legislation audits • high risk Work audits • fsC preparation & support • risk ManageMent audits • ire audits • Mobile plant audits • systeM gap analysis
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“CIC has engaged National Auditing Services to undertake WHS audits of the CIC project specific PSPs and relevant principal contractor’s safety plans. Darren has been invaluable in ensuring CIC implement and maintain its WHS requirements on its various sites around Australia. He approaches what can be a difficult issue, with pragmatism and enthusiasm and I certainly appreciate his assistance in helping me manage CIC’s WHS responsibilities.” - Lindsay Hunter Project Director Built Form
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In 2012 a dramatic increase in construction safety awareness found us all looking at what we can do to stem the serious incidents resulting in loss of life across our industry. Now in 2013 our industry has been dogged by more serious incidents resulting in regular media coverage. Regardless of your levels of systems we are offering a practical, professional approach to assessing your risk and compliance.
“Lahey Constructions engaged National Auditing Services (NAS) to undertake our triple certification audit (through Sustainable Certification) in January 2013. Lahey has been very pleased with the professionalism of NAS, the timeliness of reports and the standard of detailed feedback. We have no hesitation in recommending NAS for future work of this nature.”
Industrial Relations Message
Director Industrial Relations, Master Builders Association of the ACT, Mike Baldwin Members will recall that in these pages three years ago, I first warned of the dangers and pitfalls of sham contracting. Since then, I have consistently reinforced my concerns to both MBA members and the executive over this practice. In doing so I have sought to clearly define the distinction between legitimate contracting and otherwise. Unfortunately the issue remains a hot topic in our industry and more broadly, with the Federal Court now positing a strong view on the question of what constitutes an independent contractor or employee. In a recent decision, the Full Federal Court in
as Professor Andrew Stewart has noted: There does seem to be a fundamental difference, in a capitalist system, between running your own business and working for someone else’s. It is a distinction that has not only been articulated in these terms by the courts, but that most people in the community would implicitly understand and accept. 3 Whether a person is ‘running their own business’ (or merely working as an integral part of someone else’s) is a useful way for members to assess the validity of their contracting systems4. Where a person is
rates, paid leave and compulsory workers’ compensation etc. Where a member mistakenly characterises an employee as a contractor (even if at the employee’s request) they run the serious chance that, like ACE Insurance, they will have to back-pay minimum entitlements and face hefty fines.6 Assessing your contracting arrangements How should members determine whether their subcontracting arrangements are legitimate? One question will always be how much control the principal can in theory exercise over the worker. In a related way this will also require an examination of whether
Whether a worker is a contractor or an employee will often remain ambiguous and many such cases go to the High Court. truly working on their own account and at their own risk, federal and territory workplace relations policy has long recognised that such entrepreneurs should also bear the responsibility for insuring against workplace injuries, providing for their retirement, deducting tax, allowing themselves ‘leave’ etc.
the worker is required to provide personal service, or can subcontract their work, which goes to the core of the employment relationship. As Buchanan J notes in ACE Insurance, ‘the possibility for confusion about the character of the relationship can usually only arise... when personal service is, in fact, provided’. 7
Contractors and employees: a distinction in public policy and law
However, as Buchanan J emphasises in his leading judgment in ACE Insurance, the ‘basic (but often unstated) premise’ behind a contract of employment (as opposed to one of independence) is that ‘a contract of service [i.e. employment] requires discharge of duties by the personal service of the employee, whereas in a contract for services that is only one of the possibilities’5 (emphasis added). For while an employee is usually under a personal obligation to perform the work themselves and to follow the lawful and reasonable commands of their employer, a subcontractor is generally able to perform their assigned tasks in any manner they see fit, even by way of further subcontract.
What ACE Insurance reiterates is that whether a worker is a contractor or an employee is not something that can simply be decided between the parties, but rather a matter to be determined by (admittedly rather imprecise) principles of law. From a policy perspective,
Because employees are subject to an employer’s control and lack the independence of genuine contractors, successive governments have seen fit to protect them by imposing minimum standards of employment and other guarantees, such as minimum
Whether a worker is a contractor or an employee will often remain ambiguous and many such cases go to the High Court (which is where ACE Insurance will probably end up). The question remains something of a ‘smell-test’, or at least, if a worker smells like a contractor, then someone is bound to argue that they are one. The modern focus is a ‘multi-indicia’ approach, where various aspects of legitimate contracting arrangements are compared to the worker in question. This ends up with a kind of ‘shopping-list’ examination of the facts (see below). While none of the various indicia are necessarily determinative of the true nature of the relationship, they do assist in focussing-in on the central questions of control and whether a worker is really running their own business.
ACE Insurance Limited v Trifunovski1 again highlighted the dangers of mischaracterising employees as independent contractors, with the ruling leaving ACE Insurance with a $250,000 tab for five insurance agents’ annual and long service leave, accumulated since as early as 1998. Given the busyness of Fair Work Building and Construction (the artist formerly known as the ABCC), the CFMEU, and Shared Services Procurement (under the ACT Government’s IRE Scheme) in their triangulated crack-down on ‘sham contracting’2 (not to mention Master Builders’ many missives on this issue), members are no doubt well aware of the lawful distinction between contracts of service (employment) and contracts for services (independent contracting). At the very least, members should be aware that there is such a distinction, which from a riskmanagement perspective, they ought to heed.
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A genuine contractor will normally exhibit most of the following factors: •
be incorporated (it is more difficult for a
court to say that a corporation is an employee – although it can be done); •
be able to perform the work in any manner they see fit (as long as it is up to contractual standards) including by subcontracting their work to others (while employees normally have to provide personal service);
•
be liable to remedy any defects in their work;
•
are usually engaged for tasks for which they serve invoices, rather than being engaged for labour on hourly rates;
•
possess skills towards which they can build-up goodwill and trade with (there is no such thing as an independent-contractorlabourer!);
•
invest significantly in tools and equipment and usually provide their own materials; and
•
advertise, and work for others.
Of course, workers will often exhibit a mix of characteristics, which can make it hard to determine their proper status at law. Yet some cases are clear. The fact that a worker has an ABN does not mean that they are a contractor, and if members are engaging ABN labourers as contractors then they can expect to end up in court (and/or in The Canberra Times as ‘sham contracting capitalists’). Even in ambiguous cases, if there is any doubt, it is almost always prudent for the principal/employer to engage the workers as employees, usually on a casual basis. Further information For more information on independent contracting, members should refer to Master Builders’ Guide to Subcontracting: http://www.mba. org.au/publications/subcontracting/. The Australian Taxation Office also has a special ‘decision-tree’ tool for determining whether construction workers are bona fide independent contractors, which we strongly recommend members to use: http://calculators.ato.gov.au/scripts/axos/axos. asp?CONTEXT=&KBS=BC_SOWA.xr4&go=ok. Members should also feel free to contact Master Builders’ Industrial Relations Department if they have any queries about particular circumstances.
Footnotes 1 [2013] FCAFC 3 (25 January 2013): http://www.austlii.edu.au/au/cases/cth/ FCAFC/2013/3.html. 2 ‘Sham contracting’ is the intentional or reckless mischaracterisation of employees as contractors, which is unlawful under the Fair Work Act (2009) (Cth), section 357. Fines of up to $10,200 apply to individuals and $51,000 to corporations, per breach: Fair Work Act (2009) (Cth), section 539, Crimes Act 1914 (Cth), sections 4AA, 4B. 3 ‘Redefining Employment? Meeting the Challenge of Contract and Agency Labour’ (2002) 15 AJLL 1. 4 An approach emphasised by the High Court in Hollis v Vabu Pty Limited [2001] HCA 44; (2001) 207 CLR 21: http://www.austlii.edu.au/au/cases/cth/ HCA/2001/44.html. 5 [2013] FCAFC 3, at [38]. 6 Both for non-provision of minimum entitlements and sham contracting: Fair Work Act 2009 (Cth), section 44, 357, 539. See note 2 above. 7 [2013] FCAFC 3, at [38].
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Prepare today for your adjudication Security of Payment adjudication in the ACT has resolved $millions in disputes. In only three years, the success behind its introduction has been remarkable.
Some claimants have been entirely successful in recovering all of the amounts claimed. Others have been less successful. What factors may contribute to a successful adjudication outcome? At the outset it is worth emphasising that the purpose or object of the Act is to ensure that a person is entitled to receive and is able to recover progress payments if the person: •
undertakes to carry out construction work under certain construction contracts; or
•
undertakes to supply related goods and services under certain construction contracts.
This entitlement to a progress payment exists, whether or not a construction contract provides for progress payment. The party who has carried out construction work (or supplied related goods and services) is given a statutory right to a progress payment. The definition of a construction contract is very broad: “A contract or other arrangement under which one party undertakes to carry out construction work, or to supply related goods and services, for another party”. This definition includes not only formal contracts, but also “other arrangements”. The Act also applies to a construction contract whether written or oral, or partly written or partly oral. However, the Act does not apply to “a construction contract for carrying out residential building work if a resident owner is a party to the contract, to the extent that the contract relates to a building or part of a building where the resident owner intends to live”. Definition of “construction work” and “related goods and services” is also very broad. More information is available at www.adjudicate. com.au/ACT/act_definitions.php. If you intend to make a payment claim it is important that you identify, not only the work to which the payment claim relates, but also the amount claimed. Importantly, if you are making a claim under the Act
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then the payment claim should state that “This is a payment claim made under Building & Construction Industry (Security of Payment) Act 2009”. Prior to making the claim, give careful consideration as to how you can establish your entitlement, not only to a progress payment, but also to the specific amount claimed. Remember that if the other party rejects your claim (or schedules an amount less than you have claimed) and you decide to refer your claim to adjudication, then you must satisfy the adjudicator as to your entitlement of the claim and how the amount claimed is calculated. As the adjudicator will make his/her decision based only on the documents and written submissions. There won’t be a hearing or oral testimony. Therefore, the success of your claim will very much depend on the quality of your written submissions and the documentation you provide the adjudicator. Remember that the onus is upon the party making a particular assertion to satisfy the adjudicator regarding the correctness of a particular assertion or matter. Simply making an assertion, such as stating that you have carried out certain work, or that the work comprised of having spent 100 hours on site, does not prove an entitlement – you need to provide some form of written material substantiating such a claim (by, for example, providing copies of site diaries, work sheets etc.). Similarly, if your claim comprises of a variation to the original contract then you will need to provide material and / or written submissions demonstrating that the work you had carried out was additional to your original scope and that the value of the additional work claimed has been assessed in accordance with the terms of the contract. Ideally, it would enhance your case if you can provide a copy of any written variation order together with copies of time sheets, invoices of suppliers etc. If, however, the direction to carry out the variation was given verbally then you should set out the circumstances in which such direction was made, viz: who gave the direction, on what day etc.
If the other party has responded to your payment claim by way of a payment schedule and if the payment schedule states that the amount that the other party proposes to pay is less than the amount that you have claimed, then the Act requires that the other party sets out all the reasons for scheduling a lower amount. For example, it may be that the reason that the other party had given for rejecting the payment claim is that the claimed work was defective, or that the value of the amount claimed has not been properly assessed. Whatever the reason you should, when submitting your adjudication application, specifically respond to those reasons. If the other party alleges that your work is defective then you may wish to address this by providing photographs that clearly show that the works had been carried out in a workmanlike manner, or alternatively, you may wish to engage an independent industry expert to provide a written report endorsing the quality of your workmanship. Remember, if you do not address the reasons that the other party has given for rejecting your claim then the adjudicator may determine that you don’t disagree with the reasons and therefore your claim can’t succeed. So our message is that you should give careful consideration on how you can substantiate the progress payment claim you are making and whether you can provide the necessary documentation to support the entitlement of your claim, especially where the other party is contesting such entitlement. Spending time and money in ensuring that your case is presented in the best possible manner is money well spent. Finally, remember if you have any enquiries on the adjudication process then you can always contact Adjudicate Today on 1300 760297 or visit their website – www.adjudicate.com.au. Their staff provides free advice on how to comply with the security of payment legislation and there is no obligation. Until next time… John Murray
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www.adjudicate.com.au 13
Will you be ready for MAJOR changes to the National Construction Code from May 2013?
I recently attended a BCA 2013 information seminar at the National Convention Centre which explained the amendments to NCC Volumes One, Two and Three. What will these significant changes mean for you as industry practitioners? The NCC 2013 versions will take effect in the ACT from Wednesday, 1 May 2013 writes Jerry Howard.
Plans approved by the building certifier on or after this date will have to comply with NCC 2013. By far the most significant changes relate to balustrades and protection of window openings in habitable rooms and the adoption of AS4654 Waterproofing membranes Parts 1 & 2 for external above ground use. The adoption of these standards has been as a result of failures in waterproofing membranes. Protection of openable windows in habitable rooms The intent of the new corresponding controls is to limit the risk of a person (especially a young child) falling through an openable window. To this effect, where the floor below an openable window in these rooms is more than 2m above the surface beneath, openable windows are required to restrict passage of a 125mm test sphere using one of the following design solutions: 1. The window be designed such that any opening does not allow a 125 mm sphere to pass through (for example louvres). 2. The window be fitted with a fixed or dynamic device that is capable of restricting the window opening so it does not allow a 125 mm sphere to pass through and is difficult for a young child to operate. 3. The window be fitted with a screen that does not allow a 125mm sphere to pass through the screen. The screen must resist any horizontal forces of 250 N. (Fibreglass gauze screens would not be suitable). 14
4. A sliding window or a casement window fitted with a device that restricts the opening of the window so that a 125mm sphere may not pass through the opening. The restricting device must resist a 250 N force when directed against the window or in attempting to push a sliding window open. Alternatively an internal screen with similar parameters may be installed.
Clause 3.9.2.3(f)(ii)(C) allows a screen, or opening restricting device to be removed, unlocked or overridden in the event of a fire or other emergency to allow safe egress. In these situations the unlocking device must be child resistant. An 865 mm barrier (sill) would be required as well. A wall beneath an openable window can be considered as a barrier where an opening restricting device has been fitted, however such a wall must not permit a 125mm sphere to pass through it, and have any horizontal or near horizontal elements between 150mm and 760mm above the floor that facilitates climbing.
If the openable part of the window is at least 1.7 m above the floor, no further protection is required. The reference to ‘window’ is not in italics (and therefore is not a reference to the defined term) to also capture windows that may let in air but not light e.g. metal louvres. A metal louvre or openable panel would not fit the BCA definition of window, but should be subject to the window barrier provisions.
It is deemed possible for a person to fall through an openable window when a 125mm test sphere is able to pass through the window opening or where the window restricting device is not capable of resisting a horizontal action of 250 N.
Habitable room means a room used for normal domestic activities, and(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, family room and sunroom; but
(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, hallway, lobby, photographic darkroom, clothesdrying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods. Please note that special requirements also apply to the protection of openable windows in non-habitable rooms. Balustrades & other barrier construction For balconies, verandahs, decks, and the like, where the floor is less than 4 m above the surface beneath, the balustrade design can incorporate horizontal elements such as rails, wires, or ornate designs. However, where the floor is between 2m and 4m above the surface beneath and the balustrade or other barrier has horizontal
elements, the top rail may as an option be offset inwards, making it difficult for a child to climb. Examples of the offset requirements are illustrated in the diagrams below.
To lessen the risk of children climbing and falling from high balconies, decks etc (i.e. where the floor is more than 4m above the surface beneath), the option of offsetting is removed and the design must not incorporate climbable elements, i.e. horizontal or near horizontal elements between 150mm and 760mm.
The offset requirements do not apply to balustrades or barriers for stairways and ramps, including the landing between flights. However horizontal or near horizontal elements are restricted in balustrades and other barriers for stairways and ramps, where the stairway or ramp is more than 4m above the surface beneath.
The Master Builders is currently awaiting the final version of the NCC and when we have these in hand we will be providing further information and clarification on these rather complex issues.
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AntiDiscrimination Bill would create huge compliance cost
Changes to Land Rent Scheme
Master Builders Australia The building and construction industry is concerned the Government’s new Human Rights and Anti-Discrimination Bill could cost the industry millions of dollars if introduced. Master Builders Australia warns that if the Bill comes into effect, construction businesses will face massive costs to implement new workplace policies, train staff and complete due diligence to ensure compliance. Richard Calver, Legal Counsel and Acting Chief Executive Officer for Master Builders Australia said the Bill is vaguely expressed and could lead to an increase in disputes in the building and construction industry. “There are numerous compliance implications for business because the Bill creates a new definition of discrimination and reverses the burden of proof during the complaints process. “If the Bill comes into effect, businesses will be required to update or develop new policies with guidelines on acceptable behaviour when interacting with clients, customers, fellow employees at work and in so called ‘public life’. It becomes an even more slippery slope with the popularity of social media. “To avoid an increase in disputes under the new Bill, if it is brought into effect, businesses would need to invest to update company policies, train staff and complete due diligence processes.
“According to the Government’s Regulation Impact Statement, businesses may need to invest between $3,000 and $25,000 on policy updates and staff training to comply with the new Bill. “The potential compliance cost for the building and construction industry is between $600 million and $3.2 billion. The industry is experiencing a prolonged downturn in activity and simply cannot afford to incur these additional costs,” Mr Calver said. In its submission to the Senate Legal and Constitutional Affairs Committee on the Bill, Master Builders made 14 key recommendations to help clarify the Bill and reduce the compliance burden. “Master Builders supports the intention of the Bill – to consolidate and simply five different Acts, but the way the Bill is expressed would do just the opposite, that is, create further complexity. “As it stands, there is no upside to implementing the Bill. It is more confusing than the existing laws and could cost billions to comply with. Its basic drafting should be reconsidered,” Mr Calver said.
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In line with the Government’s election commitment, a security payment for the Land Rent Scheme will be introduced to coincide with the release of land in the Molonglo suburb of Coombs. The security payment is being introduced to discourage land speculation and make sure that land in new releases goes to those people who are genuinely interested in building a home.
The payment will assist in ensuring that Land Rent lessees are fully committed to building on their block and are aware of the financial implications associated with building a new home.
The security payment will count towards the first year of Land Rent payments, meaning there will be no additional administrative hurdles or extra costs incurred by genuine purchasers.
Households that are eligible for the discounted rate of Land Rent payments will also have a discounted rate for the security payment ensuring they are not disadvantaged by these changes.
The security payment will be $10,000 for standard Land Rent lessees and $2,000 for discounted Land Rent lessees.
This change took effect on 18 February 2013 and will not apply to people who already have appointments to purchase under the Land Rent Scheme and have signed contracts before 18 February 2013.
Source: www.andrewbarr.com.au/print/1163
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17
New legislation protects employees in noisy workplaces. From January 2012, new legislation under the ACT & NSW Work Health and Safety Act 2011 requires employers to test the hearing of at-risk employees at commencement and then every 2 years. This applies to anyone who uses hearing protection regularly. Failure to meet obligations carries a maximum penalty of $6,000 for individuals or $30,000 for body corporates. Noise-induced hearing loss
Hearing screening services
Prolonged exposure to noise can damage the hair cells in the inner ear. The damage can occur over months or years and can go undetected for long periods. One possible symptom of hearing loss is tinnitus, a ringing or buzzing in the ears produced by the brain compensating for silence in some frequency ranges. In rare cases the impact of the tinnitus can outweigh that of the underlying hearing loss and can lead to sleep deprivation, concentration problems or psychological trauma.
Brindabella Hearing & Speech Centre has a range of services to help you meet your legal obligations, manage your risk, and assist employees with hearing loss. In addition to their fully equipped clinic in Deakin, they have a vehicle-based mobile screening unit that can visit your workplace. Each employee takes about 15 minutes and receives an ear exam and a hearing test. Results are compiled into a comprehensive report for management, and employees can be provided with their results if desired.
Once noise thresholds are reached, even moderate increases in noise levels can have a dramatic impact on safe exposure levels. For example, guidelines indicate that noise levels of 85 dB can be tolerated for up to 8 hours, halving to just 4 hours if the noise level increases by a further 3 dB.
The qualified professionals at Brindabella Hearing & Speech Centre are trained in the latest diagnostic equipment and protocols. They have been conducting employee screening programs for employers such as Qantas Defense, the Australian Mint, and the AFP for years.
Noise meters are readily available and should be standard issue for safety officers in noisy environments.
Managing employer risks Hearing is crucial to communication, and miscommunication can lead to costly mistakes or injuries. It is not uncommon for disputes to stem from undiagnosed hearing loss when verbal instructions are missed or misunderstood. By understanding and discussing each employee’s hearing profile, strategies and controls can be implemented to reduce the risk and impact of miscommunication. New employees sometimes come to the job with existing hearing loss. Baselining their hearing serves to detect and mitigate risks and also protects the employer from future compensation claims where they are not at fault. Similarly, a regular screening program helps to manage compensation risks before they get out of hand and allows for preventative controls to be implemented where problems arise.
Brindabella Hearing & Speech Centre can also provide comprehensive ongoing support and treatment for employees who show a hearing loss, including the supply of hearing aids and tinnitus maskers.
Keep employees safe, happy & productive Employers can avoid the penalties and the potential negative publicity that can accompany getting caught out on your legal obligations. By implementing a robust hearing screening program, you can turn an insidious, unquantified risk into a positive, proactive safety feature of your organisation. Your employees – and the friends, colleagues and families they communicate with – will surely appreciate you for it.
Brindabella Hearing & Speech Centre 70 Kent St Deakin ACT 2600 Tel: (02) 6281 2311 Online: www.hearingandspeech.com.au
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LOCALLY OWNED, LOCALLY OPERATED
AUSTRALIAN APPRENTICESHIPS CENTRE! It is with great pride that RGT announces we have been awarded the Australian Apprenticeships Support Services tender for a further 2 years within the ACT. We are the largest and longest operating Australian Apprenticeships Centre (AAC) in the ACT with 14 years of local experience and knowledge. RGT have a dedicated team of C.A.R.E Business Consultants and Administration staff led by Stephanie Tarlinton –AAC Manager and Lisa Syrek –Business Development Manager and are here to assist you with your every need.
Call us 6241 2969 www.rgt.asn.au | info@rgt.asn.au
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THE MASTER BUILDERS THAT BUILT CANBERRA.
A feature publication to celebrate the Centenary of Canberra – tell us your story! The Master Builders Association is producing a special publication to celebrate the role of the building and construction industry in the development of Canberra. This publication will include over 500 photos and stories on the people and projects that have made Canberra what it is today. It will celebrate the past 87 years of local Master Builders history and look forward to the continuing role of the organisation in the growth of this city.
Master Builders is keen to gather your stories, photos and memorabilia of the construction in Canberra. On 11 February a number of MBA life members and past-presidents met to discuss the themes of the book and gather some stories for the book. There were some great stories shared. Do you recall the days when French onion soup was a standard part of the MBA dinner – served at midnight! Did you ever play in the annual Master Builders versus Master Pumbers golf day? Some of the topics suggested for consideration in the book include the creation of the Apprenticeship Scheme – the first in Australia; the introduction of the Fidelity Fund; changes to standards and conditions on construction sites over the years; immigration and its impact on our construction industry and the changing nature of development of new suburbs. The book will be peer reviewed by Mr Allan Foskett, well known Canberra Historian and author of On Solid Foundations – the building and construction of the Nation’s Capital 1920 – 1950 and will be launched in November during the MBA National Conference.
More Information Sponsorship opportunities are available, contact: David Leitch on 02 6175 5970. To contribute information to the book, contact: The Communication Link on 02 6226 8880 20
Main: The Mason Brothers of Queanbeyan Above: Home Affairs Department, Canberra Left: The Federal Territory
Master Builders Australia
National Conference to be held in CANBERRA in 2013 Celebrating the Centenary of our Nation’s Capital Save the dates 14 – 16 November 2013
®
The Master Builders National Conference, Building Australia is the premier leading industry event that attracts Master Builders and their partners from around Australia delivering a comprehensive program of keynote speakers on topics relevant to today’s building and construction industry, a building exhibition and an exciting social and partners program. The conference will be held at the newly refurbished Rydges Lakeside Hotel Canberra and take in iconic venues such the Australian War Memorial, for an offsite evening dinner and Parliament House, Great Hall for the National Awards Dinner. www.masterbuilders.com.au Images: Australian Capital Tourism, Master Builders Australia 2011 National Conference.
PLATINUM SPONSOR
By Wilhelm Harnisch, CEO Master Builders Australia
As we welcome in 2013, I am excited to announce that Building Australia – the biennial national Master Builders conference will be held in Canberra this year on 14 - 16 November at the newly refurbished Rydges Lakeside Hotel in the city’s centre. Building Australia will incorporate the Master Builders National Awards for Excellence in Building and Construction and is part of the celebrations of the centenary of our nation’s capital. The conference will feature high profile, inspirational speakers covering topics such as the industry’s outlook, economics, workplace relations, housing affordability and specialist tips for your business. Exhibitors will demonstrate the latest products and innovations to help you deliver better results for your clients. Delegates will also have the opportunity to go on inspection tours and see firsthand the latest in building design and developments of Canberra’s iconic projects. The National Excellence in Building and Construction Awards is always a night to remember and will be held at the Great Hall, Parliament House. The Building Australia conference in Canberra will be the perfect mix of business and pleasure, offering something for everyone. Networking and business opportunities will be complimented with an exciting partners’ programme and social opportunities. On Friday a special dinner hosted by Cbus will be held at the Australian War Memorial, ANZAC Hall, G for George Section with a sound and light show which promises to be a wonderful experience for delegates.
Building Australia
Canberra is a great location for a conference, but in 2013 there will be even more to do, as the Centenary of Canberra celebrations attract national and internationally renowned artists, entertainers and activities. The National Conference provides an opportunity to relax and get away from the daily grind and explore our Nation’s Capital. Canberra perfectly combines all the amenities of a big city, with the relaxing feel of a country getaway. You could sample the Capital Region’s award winning cool climate wineries, thriving café and restaurant culture, enjoy some boutique shopping, relax in the great outdoors, visit an international art exhibition at the National Gallery of Australia, or learn more about Australia’s history at Canberra’s National Museums. The 2013 Building Australia conference and National Awards ceremony promises to be invaluable for your business and rewarding for your social calendar and I look forward to welcoming Master Builders to Canberra. For more information or to register your details or book your place, visit www.masterbuilders.com.au/events/nationalconference 21
Problems with the construction Paradigm. Provided by Lovegrove Solicitors
It appears that there is something wrong with the construction paradigm in the Australian Capital Territory. The regulations have some paradoxes and contradictions that prevent the Building Act 2004 from operating optimally and holistically and there is evidence of a proliferation of serious construction defects and construction failures, particularly in the multi-unit development realms. There are too many accounts of serious water proofing issues in the ACT and the WH&S regime seems to be failing as evidenced by the recent spate of construction site deaths and injuries. Water Leak Claims: Our firm has firsthand knowledge of an escalation of leaky building claims. The water and leaking claims seem to emanate from a lax approach to water penetration rigor and the overlooking of elementary waterproof resilience construction techniques on the part of construction key actors and in particular developers. Astonishingly in a number of multi-unit developments there is a litany of balconies that fail to allow run off to trickle away or in the case of heavy rainfall cascade way from the window joinery. Balconies often exhibit the same gradient as the internal apartment floors in that they are flat with zero fall. Anyone with a semblance of an intellect knows that if the external balcony floor is the same level or gradient as the internal flooring, water will not migrate to external open space. I am informed that this phenomenon occurs because many contractors when they construct the high rise floors don’t provide any run off gradient on the balconies, nor do they construct any water barrier lip. It begs the question why is this elementary requirement overlooked as even the likes of I, a man who is the quintessential antithesis of the “handy man”, can see this. It also beggars belief that the BCA is not making it compulsory for construction of balcony lipping proximate to the window joinery or a gradient that allows for a fall. This is a very easy regulatory fix and it should be incorporated into the BCA with alacrity. Absent a descending gradient that runs way from the window and balcony joinery and absent the “lip” or step, water tends to accumulate, pond and “wash back” into the units. Hence that which I have observed, the manifestation of drenched carpets in some buildings and corrupted wood flooring. There is a surge in ACT litigation on account of the leaky balcony syndrome and this jurisdiction needs to be very careful that it does not encounter the maelstrom that graced New Zealand as leaky building syndrome. Another problem can be a lack of water resilient balcony tanking. One dispute we had when acting for a Melbourne body corporate concerned serious water penetration
22
emanating from leaking balconies. We issued legal proceedings by way of a class action comprising unit holders and the body corporate against the builder as the builder had failed to properly address the problem. The contractor had adopted a piecemeal/ band aid approach that consisted of applying a tar membrane which didn’t work. In the basement I recall a very handsome and elegant number of stalactites that had evolved from the water leakage issues. After having issued legal proceedings the contractor took us more seriously and in due course there was a settlement. The solution, albeit a costly one for the builder, was to install steel tanking into the balconies. This proved to be 100% successful. Water corrosion and penetration is a serious issue. It can cause concrete cancer, mildew, which generate airborne toxic spores, which in turn can cause asthma. It also corrupts timber, carpet, joinery and paint work which all leads to a collage of expense, aesthetic compromise and in some instances threat to health. Certification, Private certification and Pontius Pilate: Consumers are also complaining that private certifiers in this jurisdiction are adopting a Pontius Pilate approach to some matters of non-compliance. “Not my job” to check such matters is a typical quip. Maybe the Australian Capital Territory certifiers are relaxed because the ACT Building Act doesn’t allow them to issue the occupancy permits, unlike Victoria, the NT and NSW. The ACT is indeed in the awkward position where it is the Crown that issues the occupancy certificate, rather than the building surveyor. This means that the Crown to all intents and purposes is in the invidious position of being the defacto penultimate building surveyor. The ACT Building Act also has a peculiar little provision where it states that the Crown may have regard to a certifier’s certification. This is not remotely akin to a statutory immunity and to reiterate leaves the Crown with the unenviable, project by project, discretion of determining whether it will have regard to the private building surveyor’s certification, or alternatively whether it will not.
You can’t be half Pregnant and the Crown’s Crown of Thorns: The piecemeal role of the certifier in the ACT and the ambiguous position of the Crown in issuing the occupancy permit is problematic. Certifiers may well be getting “a get out of jail card” by not being able to issue occupant permits. It then begs the question of what to they really do if they are not determining whether the building is fit for occupation. Furthermore if the power to issue occupancy permits is vested with the Crown, then pity the Crown. Why? Because the Crown may well end up copping major liabilities that it did not fashion. Instead it becomes the dumping ground for construction failure accountabilities. There is also an inherent conflict of interests as it is the Crown that registers and disciplines errant certifiers and yet it is the Crown that may have regard to private certifier verification. The Crown is in a vexed position in relying upon certification carried out by the very same community that it disciplines or more problematically in certain instances may have disciplined. The Crowns position is tantamount to a Crown of Thorns. Treasury would be well advised to expand the budget for additional contingent liabilities for defective buildings. Anecdotally everything is pointing towards a major surge in construction litigation in the ACT. The alternative is to amend the Building Act and get rid of the half pregnant approach. This would entail the total privatisation of the certification, but it would also entail the beefing up of enforcement and accountability regulations for building certifiers, because as it stands the powers are fairly insipid and have to date not been applied with much bite. As the American Prohibition era of the thirties revealed you can have all the laws in the world but unless government is prepared to fund and resource the potent enforcement of those laws then the laws tend to be ignored.
www.lovegrovesolicitors.com.au
Drew
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23
Construction Apprenticeship Mentoring Scheme (CAMS).
by Master Builders
The Construction Apprenticeship Mentoring Scheme has now been operating for over four months with mentors and apprentices coming together. Apprentice Engagement Officer, Malcolm Beer introduces some of the mentors. Volunteer Mentor –Trent O’Sullivan Director, CTR Pacific
Volunteer Mentor- Warren Ahrens General Manager PBS Homes The construction apprenticeship Mentoring Scheme would like to introduce Trent O’Sullivan. Trent is a familiar face in the construction industry in the ACT. He is Director of CTR Pacific: “largest brick and blocklaying company in the region”.
Master Builders was able to sit down with Trent and talk about apprentices and what drew him to be a volunteer Mentor in the scheme. I basically just want to be able to pass on the knowledge that I have accumulated over a number of years. The passing on of information to young people and apprentices is the key to the success of the Building and Construction Industry. I believe that CAMS mentoring gives Apprentices clearer career paths and realistic expectations of the future. Getting the best out of Apprentices is critical and they wont get that without extra support and drive.
“The passing on of information to young people and apprentices is the key to the success of the Building and Construction Industry”. Trent spent 20 years on the tools and worked his way through an apprenticeship. He has worked hard over the years to build his business to where it is today. In recent time Trent has been working on innovative ways to streamline contracting and safety procedures on commercial sites. He along with his partners has been busy developing ‘Trade Up’ which will utilise a cloud based database for contractors. Trent described it as an “automated Project Management system “. The software is very innovative and allows contractors to refer back to safety documents and contract information on site at any time which will improve efficiency and productivity.
ONLINE RESOURCE
by Master Builders
A-Link website is an online resource for apprentices in the Building & Construction Industry. A-Link is a new website that has been rolled out at a national level through the Construction Apprenticeship Mentoring Scheme. On the website apprentices can access career pathway information, special offers from selected partners, videos that will assist in their development plus more. www.alinkact.com.au 24
Warren is a valued member of the Master Builders, as well as helping the Master Builders Association of the ACT with the Kids Assist program. Over the years he has volunteered to guide apprentices in their pursuit of a successful career in the building industry.
“I want to help and support young people as they progress in their own careers”. What do you hope to achieve in the Mentoring Scheme? Share knowledge, a chance to give young people support, keep their feet well planted and their heads out of the clouds. I want to help and support young people as they progress in their own careers. Volunteer Mentor- Brenton Wells Future Building Brenton is one of our younger mentors; he is a recent Apprentice of the Year winner and WorldSkills competitor. He has worked predominately for Brett Lentfer but recently started contracting. Brenton understands how demanding it can be as an apprentice and the pressures that apprentices can be under. He wants to help out the guys coming through and give them the best chance at success in a tough industry. Over the past month mentors have been getting matched with apprentices. The meetings have been very productive and the reaction from apprentices has been very positive. They have been able to set goals for the 12 month mentoring period. Some of the goals involve learning about the workings of a construction business. Also many have asked about budgeting and finance so our mentors will be working through processes to get them up to speed on this.
WORKFORCE
WITHOUT THE ADMINISTRATION
Consider the advantages of becoming a Host Employer & the benefits to you.
Master Builders Group Training invoices for the actual hours the apprentice, trainee or cadet works on the job. You are not invoiced for Public Holidays, annual leave, sick leave, RDO and training days. Master Builders Group Training is responsible for all administration of wages, Workers Compensation, long service leave and superannuation. Master Builders Group Training employs field officers to assist you with hosting the apprentices, trainees or cadets. If you directly employ your own apprentice Master Builders can provide the training required. There are benefits for the industry including opportunities for apprentices, trainees and cadets, on site learning opportunities and contributing to skilling the future construction industry.
MBA Group Training Ltd.
1 Iron Knob Street, Fyshwick ACT 2609 I PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6280 9119 Fax: (02) 6280 9118 Email: training@mba.org.au Web: www.mba.org.au 25
The history of asbestos makes being AWARE important to those in the industry. Asbestos in Ancient Times The word “asbestos” comes from the Greek meaning “inextinguishable.” Most likely, records indicate, the first asbestos mine was located in Greece on the island of Euvoia and was established sometime around the first century A.D. However, even the early Greeks recognised that not everything about asbestos was good. Greek geographer Strabo and the Roman naturalist Pliny the Elder both noted a penchant for “sickness of the lungs” in the slaves that wove asbestos into cloth or mined the mineral. However, most of early civilisation found myriad uses for this “miracle” product. Historians note that during the times of the Holy Roman Empire, asbestos was already being used in building materials, thanks to
The railroad industry was among the first to make extensive use of asbestos and asbestoscontaining products, and because the railroad industry was growing in leaps and bounds, the need for more asbestos grew. Railroad engineers began to use asbestos materials to line refrigeration units, boxcars, and cabooses and the material was found to be especially useful as insulation for pipes, boilers, and fireboxes in that era’s steam locomotives. The shipyard industry wasn’t far behind. Shipbuilders made extensive use of the material as well, not unlike the railroad. Some typical uses included insulation for steam pipes, boilers, hot water pipes, and incinerators. In fact, asbestos was so widely used aboard ships that those who worked in the industry are among the most
also be found in stucco, drywall tape, gaskets, cement pipes, rain gutters, plaster, putty, caulk, and a host of other building products. Schools and theatres even boasted asbestos curtains, considered to be safer than other standard fabrics because of its strength and heat resistance. When the use of asbestos was at its highest probably in the 1940s to 1970s - an estimated 3,000 products made use of its unique properties. You could find asbestos in hair dryers, irons and ironing board covers, toasters, coffee pots, and electric blankets. Because asbestos is also found in vermiculite or talc, trace amounts could also be detected in cosmetics and powders as well as fertiliser and potting soils.
L IA R E T A M S U O D R A Z A DANGER - H its strength and fire-resistant properties. It was also used in women’s clothing and other textiles. It is said that Romans would throw their asbestos tablecloths and napkins into the fire to clean them. The result, of course, was a perfectly intact cloth that was free of stains! It is also noted that the Egyptians used asbestos cloth to wrap their dead and other civilisations chose the material to fashion suits of armor. Asbestos was also used by lessthan-honest merchants who made crosses from the mineral and sold them as pieces of Christ’s cross, due to the fact that the asbestos gave off a worn, weathered-wood appearance.
The Industrial Revolution The Industrial Revolution presented a huge boom for the asbestos industry. Factories were opening everywhere and new uses for the miracle mineral were being devised on a regular basis. Commercial asbestos mines sprang up in the late 1800s and entrepreneurs recognised that asbestos could perhaps make them rich. 26
affected by asbestos-related diseases such as mesothelioma and asbestosis. Shipbuilding became especially dangerous during war time, when the industry was at its peak and literally millions worked building and repairing ships.
The Twentieth Century As automobiles became popular in the early years of the 20th century, that industry also latched on to asbestos. In cars, the magical mineral was used in brake pads and shoes, and in clutch plates, all classified as “friction” products. Asbestos was also used for the brakes in the new-fangled elevators that graced America’s growing crop of skyscrapers. By far, however, it was the building industry that gave asbestos its largest boost. Everyone, of course, wanted their homes and offices to be safe and warm, so fire-resistant asbestos seemed like the perfect product for those purposes. Asbestos was soon to be found everywhere in homes and commercial buildings. It was used as wall insulation, for floor and ceiling tiles, in exterior siding, and in roofing tar and shingles. Asbestos could
The warnings and regulations of the 1970s and beyond put an end to much of the industry, but countries remain where chrysotile asbestos is still mined and exported. Though there’s relatively little chance of experiencing the degree of exposure that many suffered in the 20th century, the risk is still there; in older buildings, imported auto products, and in places where natural deposits of the mineral are commonplace.
For more information on Asbestos Awareness Training contact MBA Group Training. MBA Group Training 1 Iron Knob Street, Fyshwick ACT 2609 Tel: 02 6280 9119 Fax: 02 6280 9118 Email: training@mba.org.au
Asbestos removal control plan for demolition, alterations and additions. Construction Note 1301
The requirement for an asbestos removal control plan helps to ensure adequate levels of protection for the general public and construction workers in relation to personal safety and legal liability Construction Note 1301 regarding asbestos removal.
JANUARY 2013
Asbestos removal control plan for demolition, alterations and additions
The Environment and Sustainable Directorate’s The requirement for anDevelopment asbestos removal control plan Construction Audit Team has found a significant number helps to ensure adequate levels of protectionoffor the building approvals for demolition, alterations and additions general public and construction workers in relation to demonstrate non-compliance with section 26(2)(c) of the Building Act 2004. personal safety and legal liability regarding asbestos
Use the diagram to determine if an asbestos removal Usefollowing the following diagram to determine if an asbestos control plan (ARCP) is required to be submitted as part of the removal control plan (ARCP) is required to be submitted building approval documentation for demolition, alterations and as part of the building approval documentation for additions.
demolition, alterations and additions.
removal.
The Building Act 2004 section 26(2)(c) requires that:
The Environment Sustainable Development On application for a buildingand approval the application must be accompanied by an asbestos removal control plan if the building: Directorate’s Construction Audit Team has found a number of building approvals for demolition, • is a class significant 1, class 2, class 3 or class 4 building, or an associated class 10 building and alterations and additions demonstrate non-compliance withbefore, section of the Building 2004. • was erected or26(2)(c) the construction startedAct before 1985.
NO
YES
The Construction Occupations Registrar advises certifiers NOT The Building Act 2004 section 26(2)(c) requires that: to issue building approvals for relevant buildings if there is no asbestos removal control plan. so willapproval result in athe breach of On application forDoing a building application the Construction Occupations (Licensing) Act 2004. Note:
must be accompanied by an asbestos removal control plan if the building:
Is the building a class 1, 2, 3, 4 or an associated class 10?
NO
The requirement for an asbestos removal control plan can be • is a class instrument: 1, class 2, class 3 or class 4 building, or an found in the disallowable
Did any of the Building work occur before 1985?
YES
associated class 10 building and
Building (Asbestos code – asbestos removal control plan) • 2006 was erected before, or the construction started Determination
before 1985.
www.legislation.act.gov.au/di/2006-174/current/pdf/2006-174.pdf
The Construction Occupations Registrar advises certifiers NOT to issue building approvals for relevant buildings if there is no asbestos removal control plan. Doing so will result in a breach of the Construction Occupations
ARCP not required to form part of the building approval
ARCP required to form part of the building approval 27
Hot Jobs for 2013. Article by Jim Roy, Business Director of Hays in Canberra
Surveyors, Project Managers and Contract Administrators are among the candidates in hottest demand in the construction industry as we welcome 2013, according to the latest Hays Quarterly Report.
The Report, out now and covering January to March 2013, shows that there are clearly pockets of shortages for specific skills.
Whilst these skills are in hot demand, employers remain cautious about hiring candidates that appear to have moved around too often and they are also being very specific with their requirements, being more demanding about core and soft skills.
Employers want candidates with a proven and stable background, and some are willing to wait to find the exact match. In terms of long-term solutions some employers are interested in candidates that can take a step up to fill a role rather than have someone more senior take a step back.
But when Hays finds the right candidate employers are moving fast to snap them up.
Candidates in the construction industry are now also expected to be able to demonstrate a broad skill set and be prepared to take on extra responsibility to give them a competitive edge.
Where employers cannot appoint permanently, they are increasingly looking at other solutions. We are seeing the increased use of temporary workers in the construction industry.
Meanwhile, 2013 is poised to be a stronger start to the year for the construction industry. A number of large scale projects are to be awarded in some states which will pull resources from other areas of the market. As project pipelines are finalised permanent recruitment will rise and companies would
28
rather add value and experience to their work force and strengthen their culture rather than staff specifically on a project basis which was a trend in the latter half of 2012.
According to the Hays Quarterly Report for January to March 2013, demand is highest for the following skilled professionals:
Hays Construction Senior Contract Administrators, General Foremen/women, Project Engineers, Estimators and Fit-Out Project Managers There is an abundance of senior-level candidates on the market with a wealth of experience. The higher salary packages are the first to be looked at when the market tightens. As delivery teams are being run lean in reaction to the market, candidates must be able to demonstrate a broad skill set and be prepared to take on extra duties to give them a competitive edge. Estimators and Senior Contracts Administrators are always in high demand, especially candidates with established local networks. Utilising those networks can add a lot of value to a project at the pre-construction phase. Surveyors As new projects are coming on line in various industries, candidates in surveying are in demand. Supervisors and Safety Officers More safety professionals are needed people to oversee the workforce in the construction sector. Supervisors are particularly needed in civil, construction and mechanical disciplines.
Electrical PM A shallow candidate pool here means a need to bring in candidates interstate for new projects including residential developments and commercial projects. Estimators New companies coming into the market need local estimators to keep tenders competitive.
Hays Construction – Public Sector Project Managers and Project Coordinators Supporting the project managers as above, these candidates are the most sought in the public sector because they are needed to run fit-out and building projects as budgets permit. Project Coordinators are also sought to support the managers. Facilities Managers and Facilities Coordinators In consistent demand, Facilities Managers are required to run churn, relocation and general maintenance projects. Facilities Coordinators are also used by corporate employers to manage day-to-day maintenance issues. Maintenance Supervisors (NSW specific) A newer area within the Social Housing arena, demand for these candidates is on the increase in assets by the housing providers as part of a NSW reallocation scheme. For the full Hays Quarterly Report, go to www.hays.com.au/report
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COVER FEATURE
Right: Pieces by Uneke Furniture. Lockheed Martin Offices in Kingston.
A Uneke Experience. Uneke Furniture , this month’s Building News’ featured business is a Canberra and district institution: its high quality furniture and joinery is well known throughout the region and universally highly regarded.
Ever since we have been in our new home we have received countless comments about the beautiful furniture, and we have Dan, Gerry and their team to thank for that.
- John and Debbie Katsanevakis, Creative Building Group
Uneke’s reputation rests not only on the individualised, high quality furniture pieces which it manufactures, but also on the ‘Uneke’ service it offers its customers.
A customer survey found that 85 per cent of Uneke’s customers had previously bought furniture from Uneke or had been recommended by someone who had.
For instance, customers have frequently asked Uneke to resurface and re-polish solid timber furniture bought from the company more than 20 years ago, so that the items are restored to a finish as good as the day they were bought. Uneke is possibly the only retail furniture retail store in Australia that offers this service!
Uneke provides their customers the experience of having something made especially for them; something which is entirely individual and which will be treasured to be handed on to future generations.
Uneke is owned by partners Gerry Olah and Dan Power. Gerry Olah established Uneke in Canberra 1982 after working alongside his
Uneke Furniture is proud to be associated with the Master Builders Association of the ACT as a new member. Uneke looks forward to their future association with the MBA and is excited at the new opportunities to work with Master Builders members on their projects. Uneke Furniture has already been proudly associated with many of Canberra’s awardwinning projects. The company’s furniture was featured in Creative Building Services 2012 House of the Year in the Master Builders Excellence in Building Awards, which was furnished with Uneke’s crafted items. Uneke has also furnished commercial and executive premises including the Lockheed Martin NexGen centre, which was a finalist in the 2012 Master Builders Awards. Uneke specialises in manufacture from Australian solid timbers and veneers, as well as manufacturing using painted and lacquer finishes. Uneke has on display a wide variety of suites and styles designed by their own award winning staff, and is also able to manufacture items from designs provided by clients and to turn them into items with a special significance for clients.
Above: Gerry and Dan working on a piece at the Bungendore workshop. Below: Lockheed Martin Offices.
father in Batemans Bay. Dan, a former best CIT 1st, 2nd and 3rd year apprentice and C.I.T Institute Medal winner, joined Uneke in 1999 and became a partner in the business in 2002. After 30 years in the ACT, Uneke Furniture is definitely not your normal furniture store. Its services cover every aspect of quality furniture manufacture from design, to manufacturing and retailing of free standing timber furniture. Uneke’s customers include the children of previous Uneke customers who have been particularly fond of an item that Uneke built for their parents.
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Whether a domestic item such as a custom entertainment unit, a timber bedroom suite, or dining table made from the same timber as the flooring, or furniture for a commercial environment such as a conference table, solid timber bench top or a custom entrance door, Uneke has every aspect of timber manufacturing and furnishing covered. Uneke can accommodate client requirements including modifying a showroom-design to fit in a particular area, making a particular piece in a style to match their client’s existing furniture, or developing a simple idea into a finished product which meets their client’s needs. Uneke’s 500 square metre showroom on the corner of Barrier and Pirie Streets in Fyshwick has been the envy of interior designers and domestic end-users for decades.
a built in TV unit (Cover picture), a four metre dining table, bedroom furniture and coffee tables. Uneke Furniture’s attention to detail; customer service and the workmanship were again excellent. Ever since we have been in our new home we have received countless comments about the beautiful furniture in our home, and we have Dan, Gerry and their team to thank for that. We highly recommend Uneke Furniture for any furniture requirements you may have be they large or small.
Uneke Furniture’s workshop is situated at Bungendore, with over 1000 square metres of floor space. The workshop employs around 14 full-time staff. They have a wealth of experience and expertise in the manufacturing of timber products, as is demonstrated by their apprentices’ record of winning the gold medal in the Worldskills trade competition five times in the last 15 years. The quality of Uneke’s timbers is perhaps evidence by the fact that sawdust from some of their quality Australian hardwood products is
sought by local producers of smoked goods.
Uneke’s design flexibility, manufacturing expertise and customer service combined with the latest furniture hardware and superior quality timber materials has enabled the company to reach a level of top quality production designs, while retaining the ability to customise furniture to perfectly suit their clients’ requirements. Uneke offers a full 10 year guarantee on all their products. Their quality products and long record serving the ACT and district community provide reassurance to clients that their special furniture items have been made made right here in the Canberra region, and they can come back in the future and get something made up to match it perfectly. Order to delivery for a custom-made item is around 4-6 weeks, no longer and often shorter
than the delivery time on most imported items. However purchasing from Uneke is more cost-effective with clients getting something manufactured locally in the Canberra district, from quality Australian products, and to every requirement the client desires. Uneke’s showroom is open from 10 am to 5 pm Monday to Friday for all enquiries including Custom designs, and from 9 am to 4 pm Saturdays, when at least two of their furniture designers and makers from the factory are present to answer any client’s technical questions, to design custom-made furniture and
provide advice and on the spot quotes for more complex and difficult items.
Uneke has received high praise from many clients. John and Debbie Katsanevakis of the Creative Building Group said: We commissioned Uneke Furniture in 1995 to furnish our home - their customer service and the quality of workmanship was excellent. When we were building our new home in 2010 we did not hesitate to contact Uneke Furniture to assist us with all our furniture requirements. We worked closely with Dan Power for over a year to finalise the designs and materials for the furniture we required. Dan and his team designed a number of bespoke furniture pieces for us which included
Above: The Bungendore workshop. Dan with a selection of pieces ready for assembly. The Fyshwick showroom. Contact Information Showroom Units 7 and 8 “Centrecourt” Corner Barrier and Pirie Streets Fyshwick 2609 Ph: 02 6280 4050 Fax: 02 6239 2022
www.unekefurniture.com Factory 43 King St Bungendore 2621 Ph: (02) 6238 1503 Fax: (02) 6238 168 31
No duty of care owed by builders to subsequent owners for defects: Watch this space. A recent NSW Supreme Court decision, Owners Corporation Strata Plan 72535 v Brookfield Multiplex1, (‘Brookfield’) has turned the tables on the duty of care owed by builders to owners corporations – and potentially all subsequent owners – of residential properties in negligence claims. Although it is yet to be seen whether it will be followed in the ACT and other jurisdictions, the decision has caused substantial ripples throughout the construction industry.
It is never open to subsequent owners of a building (including owners corporations) to sue the builder for breach of contract, because they were not a party to the building contract. Claims by subsequent owners against builders for latent defects are therefore brought either as claims for breach of statutory warranties or, if the warranty period has expired (in the ACT, after 2 years from completion for non-structural defects and 6 years for structural defects), under the tort of negligence. A claim in negligence amounts to an allegation that the builder owed a duty to take care, and breached that duty.
The question for builders has always been: to whom is the duty owed? Following a controversial High Court decision in the mid-1990s, Bryan v Maloney2 builders owed a duty of care not only to the person for whom they built the building but also to subsequent owners. This decision had significant implications as actions for negligence can be brought up to six years after the damage is suffered, being the date the defect is discovered or discoverable by reasonable diligence. Contractual claims and claims under the statutory warranties have a much shorter limitation period (generally, 6 years from the date the work is completed). Accordingly, following Bryan v Maloney, potential liability to subsequent purchasers became a significant issue, and not only for builders but also for others in the construction industry including architects and engineers. The case has been criticised heavily for, in effect, creating liability for an indeterminate amount for an indeterminate time to an indeterminate class of people.
In recent years the Bryan v Maloney principle has been progressively restricted. Following Fangrove Pty Ltd v Tod Group Holdings3 the duty was held not to be applicable to commercial buildings. In Woolcock Street Investments Pty Ltd v CDG Pty Ltd4 the view became not whether the building was residential or commercial but instead, whether there was the requisite vulnerability of the subsequent owner – with the court finding that in circumstances of a sale between sophisticated parties the purchaser could adequately protect itself by requiring warranties from the vendor and did not need the protection of a duty of care. In practical terms, this means in most commercial property cases there will be no duty of care owed by the builder to subsequent owners.
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1 [2012] NSWSC 712 2 (1995) 182 CLR 609 3 [1999] 2 Qd R 236 4 (2004) 216 CLR 515
In Brookfield, the court went one step further and found that an owners corporation was not vulnerable because, amongst other factors, the legislature had provided for a comprehensive warranty scheme for subsequent owners. Although the facts relate specifically to the vulnerability of the owners corporation, the principles arguably extend to all subsequent owners where statutory warranties apply. Although the case does not expressly deal with the instance where statutory warranties did apply but have since expired, it is difficult to rationalise a duty to take care to prevent loss to only those persons who might own the building after the end of the warranty period, and not those persons who would own it prior to then.
Implications for builders The effect of Brookfield is that, at least wherever statutory warranties are available, owners corporations of residential properties in NSW are now unable to sue builders for negligence. Although courts in the ACT and the rest of Australia are not strictly bound by the decision, they would nonetheless find it highly persuasive. It also seems likely that the principle will be extended to all buildings where statutory warranties apply, not just unit developments.
It is therefore now more important than ever that any claims be brought within the applicable warranty period.
Builders or owners involved in actual or anticipated disputes regarding defects should therefore seek advice early before formulating a strategy for dealing with claims. The specialist construction dispute resolution team at Meyer Vandenberg can help you understand your likely exposure to, or right to recover for, these sorts of claims, both now and into the future. For more information or assistance, please contact: Alisa Taylor Building and Construction Dispute Resolution | Senior Associate (02) 6279 4388 | alisa.taylor@meyervandenberg.com.au Kimberly Moore Building and Construction Dispute Resolution | Senior Lawyer (02) 6279 4339 | kimberly.moore@meyervandenberg.com.au Jonathan Devenish Building and Construction Dispute Resolution | Lawyer (02) 6279 4432 | jonathan.devenish@meyervandenberg.com.au Tessa Dignam Building and Construction Dispute Resolution | Lawyer (02) 6279 4478 | tessa.dignam@meyervandenberg.com.au
WE KNOW CANBERRA – IT’S PEOPLE, BUSINESS AND GOVERNMENT Level 3, 1 Farrell Place, Canberra City ACT 2601 Australia T +61 2 6279 4444 | F +61 2 6279 4455 | W meyervandenberg.com.au 33
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The Master Builders and Cbus Excellence in Building Awards will be held on Friday, 28 June 2013 at the National Convention Centre Canberra. But to be eligible to win you need to enter by Friday 15 March. Highly recognised as the industry’s most glamorous night of nights, the Awards highlight Canberra’s best in building and construction from our region’s residential builders, commercial builders, civil contractors, architects, designers, sub-contractors, suppliers and associated professionals. As evident by examples below.
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Want to join in on the celebration and be entertained by a celebrity MC and live entertainment? Book a seat amongst the glitz and glamour today but hurry – tickets are selling fast with over 750 people already reserving their place at this year’s Master Builders and Cbus Excellence in Building Awards. For further enquiries please visit www.mba.org.au or contact Emma Rice, Event Coordinator on: Tel: 6175 5968 or erice@mba.org.au
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Here is a sample of entries into this year’s awards.
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Residential Category Classic Constructions
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Commercial Category GE Shaw
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Kitchen Design & Construction OFM Joinery and Archetec Interiors 03 01
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ReachLocal is the best and most cost effective way to generate leads for your business ReachLocal Delivers Results!
We can help you reach 97%* of the places your customers search and track results of your campaign. ReachLocal’s “Platform” is the only technology in the Search Engine Marketing arena that can literally quantify and qualify your cost per lead plus gauge your *Neilsen/NetRatings 2008-09 Return on Investment.
Canberra Toyota is proud to announce all MBA members receive a Gold Fleet Discount.
We now offer all MBA members a Gold Fleet Discount. You now have the opportunity to grab a great deal on a new car and help the organisation at the same time. For every new or used car purchased from Canberra Toyota or Lexus, we will donate $200 to “The Master Builders Skills Centre” Building Fund.
Plus all car buyers receive: •
The best possible deal (fleet rates!)
•
FREE Rear ladder rack for all ‘tradies’*
•
FREE Rewards Program
•
FREE 8 YEAR/175,000KM Mechanical Protection Plan+
MORE INFORMATION CONTACT Russell Fisher, Corporate Sales Manager p. 02 6222 1916 m. 0405 115 133 e. Russell.Fisher@canberratoyota.com.au NB: Please bring copy of this advert in for reference purposes. *suitable for Hilux cab chassis models only + 5 year Canberra Toyota MP plan in addition to 3 year Factory warranty.
ReachLocal is the best and most cost effective way to generate leads for your Exclusive Offer for Master Builders Members. business Mention this offer and we will waive $220 setup Exclusive fee and reduceOffer management fees to 10%. for Master ReachLocal Delivers Results! Builders Members. We can help you reach 97%* of the places your customers search and track results of your campaign. ReachLocal’s Mention this offer and we will “Platform” is the only waive $220 fee and reduce IN G technology in the set-up Search LI N E M A R K ET N O W O N K WE Enginemanagement Marketing arena fees to 10%. that can literally quantify Simon Farrell for a free demonstration andCall qualify your cost per lead plus gaugeon your 0423 378916 *Neilsen/NetRatings 2008-09 Return on Investment.
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Partners in Prevention Function. In August 2011, the ACT Government launched the ACT Prevention of Violence against women and their children Strategy demonstrating their commitment to creating a community where Women and Children will live free from the fear of violence in the ACT.
Employment is a key pathway for women to leave a violent relationship providing them with financial security and the ability to maintain their home and standards of living. The inaugural Partners in Prevention Function held on 26 November 2012 at the National Press Club encouraged business, community and government leaders to discuss and brainstorm strategies to address violence against women in the ACT.
This Strategy builds on the ACT Government’s commitment to nurture a culture that respects the rights of women and children to live free from fear and the experience of violence. It emphasises the need to work collaboratively to address the causes and consequences of violence against women and children, because women and children subjected to violence need to be supported to continue to contribute to our community and to reach their potential. There are strong links between gender equity and violence against women. Traditional gender roles and attitudes, whether held by women or men, are associated with greater acceptance of violence against women, while attitudes of gender equality are associated with less acceptance of violence. (VicHealth 2009, Two Steps forward, one step back: Community attitudes to violence against women). We know that violence against women is recognised as one of the most widespread, yet hidden, forms of human rights abuse in our community. The prevention of violence against women requires a whole of community approach, requiring each and every one of us to make a concerted effort to look at how we can be part of the solution to prevent violence against women. One in three Australian women will, in their lifetime, report being a victim of physical violence and almost one in five will report being a victim of sexual violence. Domestic violence costs the Australian economy $13.6 billion per annum. Of that the economic costs of family violence to businesses and corporations in Australia are estimated at over $1.5 billion per annum. An associated cost to employers is the loss of productivity, misuse of resources, high absenteeism and staff turnover. A happy, valued and stable workforce is far more cost effective than one that does not feel supported.
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The MC was Ms Virginia Haussegger, ABC Journalist with key note speakers, Mr Andrew O’Keefe, Chairman, White Ribbon Foundation and Ms Maree O’Neale, 2012 ACT Barnardo’s Mother of the Year. Ms O’Neale shared her experiences of domestic violence and her struggles to regain her sense of self. A local media production company, Bearcage produced a film clip highlighting that violence against women is happening in our community and has significant impacts. A copy of the film clip is available on the Women ACT website at www.women.act.gou.au. Over 170 notable Canberrans, including representatives from the Master Builders Association attended showing their support and the strong role they play in influencing the behaviour of individuals and groups within their organisation. With this in mind the focus of the function was not on discussing perpetrators or victims, but on how people can make a difference in their workplace, industry or community to raise awareness of the issue. Gathering people at tables according to their area of work provided the opportunity to look at current activities and potential opportunities within their workplace or organisation addressing the issue of violence against women. There generally seemed to be low levels of understanding of the impact of domestic violence in workplace. The Master Builders Association hosted a table at the function. Participants from the building industry engaged in a robust discussion generating a range of ideas that could be implemented in their workplaces across the ACT. The building industry remains a male dominated industry and participants acknowledged the importance of ensuring that behaviour in the workplace is respectful broadly, and specifically respectful toward women.
The building industry remains a male dominated industry and participants acknowledged the importance of ensuring that behaviour in the workplace is respectful broadly, and specifically respectful toward women.
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Twenty tables from a broad range of industries discussed potential opportunities and current activities within their workplace or organisation to address the issue of violence against women. A range of suggestions were discussed including: •
foster respect for self, family, workmates and link work safety to home safety;
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encourage all men to become White Ribbon Ambassadors;
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participate in events such as White Ribbon Day;
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hold events in 2013 to address issues of violence against women and children and host events that raises money and awareness of domestic violence;
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develop a whole of Canberra awareness program on domestic violence and develop strong links with agencies who work in this space;
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incorporate awareness and understanding of domestic violence into mandatory training for new and existing staff; and
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use existing technology (intranet, wallpaper, and toolbox) to raise awareness and get the message out that violence is not acceptable.
Creating and participating in public dialogue, speaking out against violence and modelling respectful relationships is important, and this has been achieved predominantly through the Partners in Prevention Function. Canberra community, business and government leaders with influence demonstrated their commitment to working together to stop violence against women and children in the ACT and the function was a catalyst for some and an opportunity for others to build on existing work.
Healthier Work ACT. What’s it all about?
Healthier Work are now accepting applications for the ACT Small Business Workplace Health and Wellbeing Incentive Program. The Incentive Program aims to support small businesses in the ACT to kick start health and wellbeing initiatives in their workplace or to extend and add value to existing health and wellbeing programs. The Incentives Program will provide funding to organisations for activities that promote healthy lifestyle choices for ACT workers by targeting the following key health areas: • Increased physical activity • Healthier eating • Smoking reduction/cessation • Improved social and emotional wellbeing • Reduction of harmful alcohol consumption Funding is available for ACT workplaces with up to 50 employees, in the private and community sectors. Depending on the number of employees, workplaces can apply for funding of $1,000, $3,000 or $5,000. To be eligible for funding, applicants must have had a visit from a Healthier Work Industry Advisor within six months prior to the date of applying. Contact Healthier Work to arrange a visit. Applications for the program close on Friday 12 April 2013. Visit www.healthierwork.act.gov.au for the full terms and conditions and details on how to apply.
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National Update Master Builders backs Building Code disallowance Master Builders Australia has welcomed the federal Coalition’s move to disallow the new Building Code 2013 which has been implemented by the Gillard Government without consultation.
The Code was made public by Industrial Relations Minister Bill Shorten on the afternoon of 30 January, just 32 hours before it took effect on 1 February 2013. Wilhelm Harnisch, Chief Executive Officer of Master Builders Australia said, “No consultation occurred on this significant legislative instrument.”
Mr Harnisch said the code was forced on the industry without consultation and contains provisions that create a significant compliance headache without a material benefit or improvement to productivity. “For construction companies, the concern is they may not be compliant and could miss out on Government funded work while questions about the Code go unanswered.
“Despite the Government’s assurance that the Code does not create new compliance processes, sections six and 18 set out new requirements. These new requirements are inconsistent with section 228 of the Fair Work Act dealing with good faith bargaining. They must be clarified urgently or better still, withdrawn as they are solely in the code to defeat State based codes.”
The Code requires that Commonwealth-funded projects have effective plans and procedures in place to deal with industrial disputes and occupational health and safety issues, to comply with the Fair Work Act and other relevant laws, and to report actual or threatened industrial action to the Director of Fair Work Building Industry Inspectorate.
Shadow Workplace Relations Minister Senator Eric Abetz, who moved the disallowance motion sees it as an attack on Victoria’s Construction Code and similar moves planned by the NSW Government.
If the disallowance motion is accepted by the Senate or is left unresolved, the code will cease to be in force.
Mr Harnisch said, “Master Builders supports the disallowance motion tabled today by the Coalition. We urge the Government to withdraw the Code announced in January and work with the industry to develop a code which enhances the certainty and productivity of the industry.”
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Unions seek one third increase in building apprentices’ wages Trade unions including the CFMEU and ACTU have applied to the Fair Work Commission for a 33 per cent increase in building and construction industry apprentices’ wages.
The application, due to be heard by the Commission in March, would increase the minimum wage first year apprentices under the Building and Construction Industry Award to $423.66, compared to the current $317.75 per week.
The CFMEU has made a joint application to Fair Work Australia, with the ACTU, AMWU and CEPU, for the increase.
The application seeks to increase the minimum wage of a first year apprentice to 60 per cent of the trade rate.
The full bench of the Fair Work Commission is due to begin hearings into the review of wages and conditions for apprentices, trainees and juniors at the start of March. The case is being heard as part of the two-yearly review of the Modern Awards system which came into operation in 2010.
The Unions argue that current apprenticeship wages are too low and this is a key factor in explaining why apprenticeship completion rates are as low as 50 per cent.
Master Builders will argue that job losses will result – up to a quarter of all apprentices in the industry – if the union’s wage claim is granted.
Wage subsidies suspended
Paid parental leave changes
The Gillard government has put a five-month “pause” until July on its wage subsidy scheme for long-term unemployed people because the program has been overwhelmed by demand.
Legislation passed by parliament in 2012 has extended paid parental leave entitlements to fathers and partners from 1 January 2013.
The Wage Connect subsidy has been available for jobseekers who have been unemployed for two years or longer. It provides a subsidy roughly equivalent to the Newstart Allowance and is generally payable during the first six months of employment -- or for 12 months on a pro-rata basis in the case of jobseekers working parttime.
The Wage Connect scheme, which came into effect in January last year, has proved to be so popular the government has closed the books on the scheme until 1 July . The government has committed $86 million over the next four years for funding but this is not enough to meet demand.
The scheme provides for a maximum of 10,000 annual wage subsidies and 35,000 subsidies over the four years for which funding has been provided.
The Department of Employment and Workplace Relations said the Employment Pathway Fund remains available for a broad range of assistance to job seekers to get the right training and other support to help them find and keep a job. The DES Wage Subsidy Scheme, which offers $1500 over 13 weeks, continues to be available. Providers are encouraged to access these schemes.
The Government has also advised that businesses which hire matureaged workers are eligible to for the new $1000 bonus under the ‘Experience+ Jobs’ scheme. The bonus is available to any business that provides employment opportunities to job seekers aged 50 years and above.
‘Dad and Partner Pay’ under the Paid Parental Leave Scheme took effect from 1 January 2013. The scheme applies to fathers or partners (including same-sex partners) who are caring for a baby or who adopt a child from 1 January 2013.
Eligible working fathers or partners are entitled to two weeks government funded pay at the national minimum wage: currently $606 per week before tax.
Employers do not have to process any payments. But the Government advises business-owners should be aware that employees are entitled to request leave under the ’ Dad and Partner Pay’ arrangement. To be eligible a person must be the: •
biological father of the child
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partner of the birth mother
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adopting parent
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partner of the adopting parent
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parent in a surrogacy arrangement
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partner of a parent in a surrogacy arrangement, or
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same-sex partner of the birth mother, biological father or the adopting parent.
And must: •
provide care for a child born or adopted from 1 January 2013
The payment aims to:
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be an Australian resident
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increase mature-age participation in the workforce
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meet the work test, which requires they have worked for:
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address negative attitudes to mature-aged people
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encourage employers to recognise the wealth of knowledge and experience that mature-aged people can bring to business.
There are 2500 Experience+ Jobs bonuses available each financial year until 2016. The bonus applies to employees 50 years or more who start work after 1 July 2012.
•
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at least 10 of the 13 months before the date your Dad and Partner Pay period starts, and
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at least 330 hours in that 10 month period (just over a day a week), with no more than an eight week gap between two consecutive working days
be on unpaid leave or not working during their Dad and Partner Pay period.
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02. ALT BRANDMARK FOR SMALL USE
Opportunity for builders to be part of a demonstration precinct in Molonglo.
CIRCLE This version of the brandmark is for use in small format material. The difference being the tagline is larger and therefore more readable.
‘Scope’ at Coombs, an initiative of the Land Development Agency
(LDA), is proposed to showcase sustainable living and design excellence. It aims to demonstrate to the community and industry how to produce attractive, liveable and sustainable residential housing on small blocks. The LDA will shortly be calling for Expressions of Interest from builders to participate in this exciting project. The first stage of ‘Scope’ at Coombs is a 1.6ha development of 76 dwellings with a mix of individual abutting dwellings and terrace apartments. The precinct is designed around five urban courts which provide space and facilities which will complement compact living. The site is opposite the proposed Coombs neighbourhood park, Coombs local shops and very close to a proposed school and major transport corridor. One of the key objectives of the precinct is to provide a high quality, affordable residential estate, which exhibits design excellence. Tait Waddington has been engaged by the LDA to develop a Master Plan and Estate Development Plan for the precinct and is also the coordinating architect for the project. Philip Leeson Architects and Melinda Dodson Architects have been engaged to develop Development Application level designs for the project. The housing will achieve a minimum seven star Energy Efficiency Rating and will be constructed to optimise sustainability and affordable living. The LDA will be seeking development approval for the housing and the estate early in 2013.
At all times the proportions of the typography to the circle MUST be retained.
FILENAME: 02_SCOPE_CIRCLE_BLACK
Minimum size: 40mm wide
FILENAME: 02_SCOPE_CIRCLE_WHITE
interest and track record in delivering well constructed, innovative and energy efficient homes. 56 House and Land Packages (abutting dwellings on single residential blocks) will be offered to builders on Put and Call Options in lots of 5-14 blocks. Much like the LDA’s OwnPlace program, homebuyers will sign a contract with the LDA for the land and a separate contract with a builder for construction. This will potentially remove the need for builders to fund the upfront cost of purchasing of land. Five small Multi Unit sites with four terrace-apartments on each site will be sold directly to builders with delayed settlement so they can on-sell the terrace-apartments ‘off-the-plan’. The Request for Expressions of Interest is expected to be released in March 2013 and will be notified through The Canberra Times and the LDA website www.lda.act.gov.au An MBA members alert will also be issued.
The Request for EOIs represents an exciting opportunity for the private construction sector to participate with the LDA for the detailed design, sale and construction of the innovative and sustainable houses within ‘Scope’ at Coombs. The LDA intends to select builders who have an
Images 01-Landscape Master Plan by Tait Waddington 02-Artist impression - Terrace apartments by Phillip Leeson Architects. 03-Artist impression - Aerial perspective courts 4 & 5 by Melinda Dodson Architects 04-Preliminary typical section by Melinda Dodson Architects 05-Preliminary floor plans by Melinda Dodson Architects
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Land Development Agency to sell largest development parcel in ACT’s history. The Land Development Agency (LDA) is releasing the first suburb in Stage 2 of Molonglo Valley, Denman Prospect, as an englobo parcel.
This is the third suburb to be released in Molonglo Valley with more than 600 blocks already sold in the first two estates, Wright and Coombs.
The Denman Prospect englobo site is approximately half the area of the designated suburb. It is approximately 107ha with development potential for up to 1,700 residential dwellings. The englobo parcel is adjacent to the proposed public school and Molonglo Valley Group Centre and includes its own Local Centre.
This will be the biggest single land release in the LDA’s history, providing an excellent opportunity for land developers in Australia.
Denman Prospect sits between the existing town centres of Woden, Weston Creek and Belconnen. The site is predominantly north facing and provides excellent access via arterial roads to the Canberra CBD and other major town centres.
Colliers International has been appointed as the sales agent and the auction will be held on Thursday 9 May 2013. For more information visit www.molonglovalley.com.au
The suburb is also close to popular outdoor recreational areas such as Stromlo Forest Park, the Molonglo River Corridor and the National Arboretum Canberra.
This will be the biggest single land release in the LDA’s history, providing an excellent opportunity for land developers in Australia.
Molonglo Valley
DenMan prospeCt
Canberra CbD 41 Image is indicative only
COAG abandons construction inquiry. The Council of Australian Governments has abandoned its much- anticipated inquiry into costs in the building and construction industry, after an apparent impasse between the Commonwealth and Victorian Governments over who should chair the inquiry. The COAG inquiry was established last year at the urging of the Victorian Government. It was due to report by July 2013, but has already missed an initial deadline. The Federal Government has made no official announcement in relation to the termination of the inquiry but a spokeswoman for Victorian Premier Ted Baillieu was quoted by The Australian as saying the Commonwealth had walked away from the inquiry. “It would appear that the Prime Minister has abandoned the COAG agreement for the construction costs and productivity inquiry,” she said. “It would appear that the Commonwealth have put this important national issue in the too-hard basket.”
The inquiry was established last year by the Prime Minister, state premiers and territory chief ministers to review the costs,
Acting Chief Executive Officer of Master Builders Australia, Richard Calver, said the review had the potential to deliver an action agenda for tackling unnecessary cost pressures. “It’s a missed opportunity to review the inefficient development taxes, charges and levies and red tape that slow down the industry. “Master Builders will work with all levels of Government to provide assistance which could help to resurrect the review and contribute to delivering positive outcomes,” Mr Calver said. Ai Group chief executive Innes Willox said the decision to shelve the panel review had disappointed industry and amounted to a lost opportunity. Mr Willox said a fully functioning inquiry would have shed light on the extent of the problems facing business as well as providing an opportunity to deal with flaws in the system.
It would appear that the Commonwealth have put this important national issue in the too-hard basket. competitiveness and productivity challenges in the commercial, civil and large-scale residential construction industry. Issues to be examined included:
•
Regulation of the building industry and cross-border issues;
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The impact of taxes, duties and developer charges on overall construction costs;
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Labour costs, skills and workplace relations; and
According to The Australian, the Baillieu government and Canberra had been at war over the issue for a year, with Mr Baillieu claiming there was a lack of federal willpower for the inquiry.
•
The role played by industrial relations.
The Commonwealth had backed Mirvac chairman James MacKenzie to run the construction industry review panel, despite strong opposition from Victoria. Victoria had claimed Mr MacKenzie was conflicted due to his position with Mirvac and privately believed he was too close to Labor, a claim denied by Mr MacKenzie’s supporters.
The scrapping of the inquiry was strongly criticised by business and industry groups including Master Builders Australia.
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Business Council of Australia chief executive Jennifer Westacott said the inquiry should go ahead with a strong, independent panel and chair. “It’s essential to get to the bottom of what is making it so expensive to deliver projects in Australia, as we run the risk that investors will go elsewhere and the community will not get the investment nor the infrastructure we want and need,” Ms Westacott said.
The Australian Construction Industry Forum Executive Director Peter Barda said, “It’s a pity that COAG couldn’t get this piece of its program right.”
Mr MacKenzie was a former head of Victoria’s workplace insurance scheme under the previous state Labor government. He was chairman of the Victorian Transport Accident Commission and Victorian WorkCover Authority. He previously held senior executive positions with ANZ Banking Group, Norwich Union and Standard Chartered Bank.
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What is a QR Code?
Changes to Master Builders ACT Home Building Contract. Master Builders is soon to release a revamped ACT Home Building Contract (Contract). The Contract, which is one of the most popular for residential construction in the ACT, was last updated in 2011. Since it was first drafted it has been favoured by builders and owners alike for its simplicity and fairness, with very few disputes resulting in litigation.
You may have heard that QR codes are set to become the ‘next big thing’ – but what is a QR code? QR or quick response codes are two-dimensional barcodes that can be read using a smartphone or dedicated QR reading device. The codes link directly to text, emails, websites, phone numbers or other information. QR codes are huge in Japan and across East Asia, and are quickly becoming common in Australia. Soon you’ll see QR codes on product packaging, shop displays, printed and billboard advertisements, as well as in emails and on websites. The scope for QR codes is vast, particularly in marketing and advertising products, brands, services and anything else you can think of.
The Contract contains some important changes, which both new and long-term users should be aware of. These changes include: •
a new dispute resolution mechanism which utilises some of the prompt and effective mechanisms of the Building and Construction (Security of Payment) Act 2009 (ACT) (SOP Act) (which does not apply to disputes between home-owners and builders) by allowing for conflicts to be referred to an Authorised Nominating Authority (as recognised under the SOP Act) which will then nominate an appropriate adjudicator to determine the dispute quickly (clauses 30-32);
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a new mechanism to deal with potential abuses of Contract Price increases via Provisional Sums (i.e. estimates for aspects of building works which cannot be entirely foreseen or accurately costed at the time of entering into the Contract) so that the Builder’s Margin (i.e. profit) will only be able to be applied to automatic increases under the Provisional Sum mechanism up to 10% of the Contract Price (clause 19(b)(v)); and
•
clarification that any extension of time under clause 15 will extend both the Completion Period and the Date of Practical Completion, to confirm that the builder will not be subject to liquidated damages for such extensions of time.
Why should I use QR codes? Around half of us now own a smartphone and we’re becoming increasingly reliant on mobile devices. Typing URLs and other data on a tiny keyboard on your smartphone or tablet is not very efficient. QR codes give you a shortcut around that problem and can be easily integrated with various services.
How do I scan a QR code? If you have a smartphone (like an iPhone, Android or Blackberry) or tablet, simply download a barcode scanner application (app) such as RedLaser or QR Scanner. The app will use your phone’s camera to scan the barcode and automatically load the encoded data for you. Plus most of these apps are completely FREE.
Try the code above. It takes you to Master Builders ACT website. 44
The Contract has also been reviewed for a range of recent legislative changes, such as under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) (assessing the Contract for its ‘fairness’ to both parties) and the Personal Properties Securities Act 2009 (Cth). It has also been analysed and amended where necessary to enhance its simplicity, readability and general user-friendliness. The 2013 Contract will be on sale from mid May either on Disc or from the Master Builders Information Centre, for $16.50 per contract in hardcopy for member’s or $33.00 for non-members. Please note that as the Contract is copyright to Master Builders, a fee is required for each use of the digital Contract.
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te rg.au for the result. i s n o h .o c 2nd Mar nklincharityhouse
y a d www.fra r k c u e h t C ction Sa Pitt St, Franklin
Auodgeroo Ave & Marie Cnr O
The Franklin Charity House Built for hopes and drea ms Five local Canberra Charities are set to benefit from the foresight, planning and generosity of a group of Canberra businesses, after the Franklin Charity House goes to auction on Saturday, 2 March. The Franklin Charity House project is the result of a partnership between the Master Builders Association of the ACT, the Land Development Agency, and a local award winning builder, Classic Constructions. Designed by Guy Mahony from Mahony Designs the house build was led by Classic Constructions, renowned for their quality and service. The construction of the Franklin Charity House has been a fine example of the ACT building & construction industry coming together to support the local community. More than 90 companies have generously come on board to supply the labour and materials for the construction of the four bedroom home. The outstanding contributions of these companies will greatly add to the proceeds from the auction, providing hope for the future of the ACT homeless and disadvantaged. The house is set to become a benchmark in residential construction. The two storey, double garage, 248sqm home features a seven
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star EER that is achieved by clever orientation on the block and the home’s modern slab construction, combined with the use of double glazed windows and extensive insulation. With its sleek design and modern features, the Franklin Charity House will provide the ideal setting for entertaining family and friends. A delightful undercover alfresco area has a built-in barbecue and is surrounded by a large backyard with landscaping by Easycare Landscaping. The Franklin Charity House is located in a quite suburban street with city views to the south and is close to public transport and schools. Other features of the house include two 4000 litre rainwater tanks, quality blinds throughout and a video intercom system to the front door. The five charities that will benefit from the proceeds of the Franklin Charity House are YWCA of Canberra, YouthCARE Canberra, the Canberra Men’s Centre, Toora Women and Innana Inc. Each of these charities work to provide services to specific members of the Canberra community who are either homeless or in danger of becoming homeless and includes young people, older men and women and women and children escaping from domestic violence.
While this group has not traditionally called on services, the demand for such supported rental accommodation in the ACT is growing. Evidence suggests this will become a considerable issue in the ACT and across Australia due to the ageing population, tightening eligibility for public housing, and the increasing inaccessibility of the private rental market.
The accommodation will soon house five residents, who will each have their own bedroom, sitting room, kitchenette and bathroom, while sharing a larger kitchen and two living spaces. Once the property is occupied, the tenants will be provided with a supportive tenancy program facilitated by the YWCA’s Housing and Social Inclusion Unit.
“Funding received through the Franklin Charity House project has assisted us to be able to achieve this goal�
Above: The Franklin Charity House will be auctioned on Saturday 2nd March through Independent Property Group, Gungahlin.
The YWCA has a new home thanks to the assistance of the Franklin Charity House.
Funding received through the Franklin Charity House project has assisted us to be able to achieve this goal of becoming an affordable housing provider in Canberra, and we gratefully acknowledge the Master Builders Association of the ACT, the ACT Land Development Agency and all the builders and local businesses who have contributed to this magnificent project.
The YWCA of Canberra believes that affordable housing initiatives are a key way to reducing homelessness, and we fully endorse the work occurring in this area locally. We have been working to identify ways that we can be part of the solution, and our own work on affordable housing is progressing solidly. One of our strategic directions is to ensure women and their families have access to the conditions and resources they need to lead healthy lives: food, shelter, education, income, a sustainable environment, social justice and community cohesion. We also work towards the goal of communities that are safe and connected.
We have just completed the redevelopment of a property, originally purchased by our organisation in the 1970s, which will become a group house for older single women who have insufficient superannuation, savings or income to enter the rental market, but are nonetheless ineligible for public housing.
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Thank you to the following organisations who helped build the Franklin Charity House. This important community project would not have been possible without your support & generosity. •
A Murray & Sons
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Capital Insulation
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Greenlines Gardenware
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Regency Screens
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AC Blue Pty Limited
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CB Richard Ellis Canberra
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GWA Doors & Access Systems
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Rent a Fence
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ACT Recycling
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Classic Constructions
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Herzog Steel
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Rivoland Tiles
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ACT Waterproofing
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Classic Excavations
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Hewatt Earthworks
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Rovera Scaffolding (ACT)
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Adbri Masonry
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Classic Tiling
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Holy Sheet
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Scaffad Australia
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All Homes
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Coates Hire
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iiNet
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Scinergy
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Amber Tiles
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Complete Fix Set Plaster
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Independent Property Group
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Simeco Electrical
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Amey Bros
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Cool Green Horticulture
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James Hardie Australia
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Sky Fencing
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Argus Security
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Corinthian Doors
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Jason Marble & Granite
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South Coast Stairs
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Artistic Concrete
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Corkhill Bros Sales
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Land Development Agency
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Southern Innovations
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Austbrokers Canberra
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Cre8ive
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Leader Security
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Stoddart Canberra
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Austral Bricks
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CRT Building Products
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Lincoln Sentry
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Stone Henge
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Barresi Painters
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Cube Furniture
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Luminous Photography
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Tank Works
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Blue Scope Steel
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Dan & Dan Forestry
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Screencraft
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The Good Guys (Tuggeranong)
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Borg Polytec
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Dawe Constructions
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M & S Kitchens
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Thirlston Floor Coverings
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Branco Boilers & Engineering
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Designs By Mahony
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M & S Surveyors
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TransACT
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Burning Log Megastore
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Domayne
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Master Builders Association ACT
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Trend Windows & Doors
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Caesarstone
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Easycare Landscapes
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Mainbuilt Constructions
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Urban Contractors
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Canberra FM Radio
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Eclipse Carpentry
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MBA Fidelity Fund
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W R Engineering
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Canberra Sand & Gravel
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Enviropest
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Melinda Boag Design
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Water Land
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Canberra Times
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Ern Smith Building Supplies
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Meyer Vandenberg Lawyers
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Watson Blinds & Awnings
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Canturf
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Euro Contractors
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Monaro Mix Specified Concrete
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Wattyl Paint
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Capital Balustrading
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Evatt Cleaning
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OPTEON Property Group
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Vision Photography
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Capital Cranes
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Fast Reo
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Palmers TV
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Yass Nursery
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Capital Gas Works
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GLU
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Paragon Printers
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Win TV
(AUST)
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Master Builders television campaign on WIN!
During January 2013 Master Builders ACT launched its new corporate video and commenced airing a series of television commercials. The corporate video was made specifically for the Master Builders web site to showcase our Association’s wide range of services to industry. The television commercials promote the wide range of training opportunities with MBA Group Training, the Commonwealth Apprenticeship Mentoring Scheme (CAMS), apprenticeships and hosting and the ‘Is your builder a Master Builder’ theme.
Benefits for Master Builders and members: • • • • • •
increase awareness of the Association and services reminding customers the brand is trustworthy establish professionalism and confidence improve the image and traffic to our website bringing young people into the industry, and strengthening the partnership with the Federal Government via the CAMS program
If you would like to view the commercials and the MBA Corporate Video please visit the Master Builders ACT YouTube channel.
www.youtube.com/user/TheMasterbuildersact
Is your builder a Master Builder? 50
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
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Direct +61 2 6280 5477 | Fax +61 2 6280 7561 Cnr Lyell & Newcastle Streets Fyshwick ACT 2609 PO Box 727, FYSHWICK ACT 2609 paul.lawton@abcbr.com.au | www.abcbr.com.au Austbrokers Canberra Pty Ltd is a Corporate Authorised Representative of Austbrokers Sydney Pty Ltd AFS Licence 244244
Canberra
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Building and construction – a profession, not an occupation. Working in building and construction historically is seen as an occupation rather than a profession. Though this perception is changing the Australian Institute of Building (AIB) is continuing to position building and construction as a profession bound by a code of ethics (similar to professions such as medicine, engineering, law) that is focused on high standards, value for money and consumer protection.
Currently these principles are not always reflected in the general public opinion of builders.
The AIB is working closely with Federal and State Governments and higher education providers to protect the discipline of building in tertiary institutions, improve national education standards and gain legislative backing through national licencing. The AIB is also working closely with industry organisations such as the Master Builders Association. The Executive Director of Master Builders WA Micheal McLean says the AIB plays an important role in our industry for the individual building professional by enhancing our professional status, and fostering a culture of leadership, learning and continued professional development.
Brookfield Multiplex’s Regional Director Jon Stone says it is evident in the complexity of the structure we are building today that the modern builder is a professional in a specialised industry and cited the Fiona Stanley Hospital construction project as a good example of a large complex project currently being built and delivered on time within budget.
As a major course accrediting organisation, the AIB is very active in both Sate and Federal government’s education reform agenda to ensure alignment of course accreditation requirements and discipline standards with national licensing that will ensure higher standards, quality and enhanced consumer protection.
The WA Building Commission’s Commissioner, Peter Gow said membership of the AIB is a pathway to becoming a registered building practitioner and that recognition as a Chartered Building Professional aligns with the top tiers of other professions, such as Engineers, Architects and Building Surveyors.
The AIB’s Chief Executive Robert Hunt says its strategic approach is a closer relationship between industry and higher education institutions work collaboratively and add value to the building industry profession and our community.
“ it is evident in the complexity of the structure we are building today that the modern builder is a professional in a specialised industry” - Brookfield Multiplex’s Regional Director Jon Stone
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THE
BOTTOM LINE Mark McCabe. The head of WorkSafe ACT holds two titles - the Senior Director WorkSafe ACT and the ACT Work Safety Commissioner. In 2005, Mark took up a position as manager of the Workplace Injury Performance unit within the Chief Minister’s Department’s Office of Industrial Relations where he had a coordination role in relation to the management of workplace health issues for the whole of the ACT public sector. In February 2008 Mark was appointed as the ACT Work Safety Commissioner. In May 2010 Mark was appointed as the head of Workcover, which was then rebranded as WorkSafe ACT. Mark continues to also be the ACT Work Safety Commissioner. We asked Mark for his views on the state of safety in the building industry in the ACT.
HOW DO YOU SEE AN INCREASED INSPECTORATE RESULTING FROM THE GETTING HOME SAFELY REPORT WORKING TO IMPROVE SAFETY? WILL IT BE MAINLY STICK OR COOPERATION AND COLLABORATION?
My view, should we receive the extra resources recommended in the report, is that they should be used primarily for proactive [as opposed to reactive] inspections. While there will always be an element of collaboration and education to any inspection, the primary goal here is to be out and about, looking for possible contraventions of the legislation, before accidents happen, rather than assessing what went wrong after the event. Effective regulation depends on three elements being in place: 1. Stakeholders must know what they have to do to comply with legislative requirements. 2. There must be a reasonable chance that they will get ‘caught’ if they are doing the wrong thing. 3. There must be a reasonable chance that there will be a consequence if they do get caught. These extra resources will strengthen WorkSafe ACT’s capacity in relation to number two above.
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DO YOU FEEL THAT THERE IS THE POTENTIAL TO DEVELOP A SET OF MORE MEANINGFUL DATA THAT ALL STAKEHOLDERS IN THE LOCAL INDUSTRY CAN ACCEPT AND SEEK TO USE AS A BENCHMARK FOR IMPROVEMENT? I think the data that is being used is meaningful and does not need to be changed. I also believe that if stakeholders looked at what the data is, rather than what it is telling us, they would see that it is a meaningful and fair way of assessing performance. The data that has been used is data that has been in the public domain for many years. It is compiled by the national body, Safe Work Australia, and enables states and territories to benchmark their performance against other jurisdictions. This is an important criteria for any data that is chosen to measure the industry’s performance. The data is based on workers’ compensation claims which involve a week or more off work. It does not include journeys to or from work. The data is sourced from workers compensation data provided by local insurers. The criteria that should be used for a reasonable data set should be that the data has a reasonable level of accuracy and that it enables us to benchmark ourselves against other jurisdictions. This data set achieves that.
THE GETTING HOME SAFELY REPORT DISCUSSES THE ISSUE OF CULTURE QUITE EXTENSIVELY. WHERE DO YOU SEE THE BIGGEST POTENTIAL EXISTS TO IMPROVE CULTURE ACROSS OUR BUILDING AND CONSTRUCTION SITES?
Probably the biggest cultural barrier that I see in the local industry is the culture which dissuades workers and supervisors from discussing safety in an open manner. Many workers report that they are not prepared to be seen as a person who is speaking out about safety. Unfortunately this kind of culture grows from at least two issues: 1. a belief that because someone raises a safety concern the only way to address it will be to slow down the job and/or spend more money 2. A deficiency amongst supervisors and middle managers in both communication skills and the appropriate way to identify and assess potential safety risks. These are barriers that we must work to overcome. Safety concerns are not always well-founded. When they are well-founded, the solutions are often much easier than is feared.
Canberra building news edition 3 - 2011
THE GETTING HOME SAFELY REPORT ALSO SPEAKS OF THE NEED FOR INDUSTRY ASSOCIATIONS TO LEAD THE DEVELOPMENT OF CLEAR FRAMEWORKS FOR THE MANAGEMENT OF SAFETY IN THE ACT. WHAT MEANING DO YOU GIVE TO THE TERM ‘CLEAR FRAMEWORK’? By clear frameworks, the report’s authors meant clear industry guidance [that is, guidance from those who participate in and understand the needs on the ground] as to how to go about meeting safety obligations given the varying sizes and complexities of businesses in the industry. While the larger companies have the resources to have dedicated safety managers, sometimes with teams of support staff, at the other end of the scale, a small builder will never have a dedicated safety manager. A clear framework would set out guidelines for how a small builder might go about meeting his safety obligations, given the resources available to him. The framework should recommend at what point in a company’s growth should they consider adopting a safety management system that is AS4801 accredited. At what point is it reasonable to consider having a dedicated safety manager. The framework might also set out some guidance for managing some of the more common risks that are likely to be encountered.
Multi-purpose training & Meeting facilities, tailored for you… and near you!
This sort of guidance is provided by many industry bodies and would be invaluable to the local construction industry.
IN YOUR ROLE, DO YOU FEEL THAT THERE IS A COMMON LINK RELATING WORKPLACE INCIDENTS TO THE SKILLS OF THE OPERATIVES? I think that the most common cause of serious workplace incidents is that the company concerned has good paper systems, such as Safe Work Method Statements, for managing risks, but that too much of the resources available has gone into preparation of the paperwork and too little into doing what can reasonably be done to ensure workers are following those practices on the job. In the worst examples, it is hard not to believe that there is little or no commitment to following the procedures – they are simply there to show an auditor or a WorkSafe ACT inspector, not for use in the real world. The Bottom Line is quite often the procedures outlined in the paperwork are good ones. Companies need to focus on the more important aspect of such procedures, however – making sure they are followed and have meaning in the real world.
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. 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
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In the picture!
Who’s making news this issue
John Hindmarsh
Awarded an AM for services to construction John Hindmarsh was honoured to be a recipient of an Order of Australia Award for his strong commitment to construction and business. Since he has lived and worked in Canberra for 40 years, watching it grow and develop into one of the world’s most liveable cities, receiving an Award on Australia Day in Canberra’s Centenary year made it doubly enjoyable. John Hindmarsh has been actively involved in the construction business in Canberra, and now Australia-wide, for over 30 years and was President of the Master Builders Association of the ACT from 1983 to 1986. He was also one of the original promoters of the Canberra Business Council, holds a Life Service Certificate from the Australian Institute of Building and is an Adjunct Professor at the University of Canberra where he actively supported the reintroduction of the Building and Construction Management Course. In addition to John’s long commitment to the MBA, he has developed a sound relationship with the arts administration area through his role as Chairman of the National Gallery of Australia and a member of its Council along with his recent appointment as Chairman of the Canberra Facilities Corporation, which includes management of the Canberra Theatre and Museum and Gallery.
James Hibberson
Rivoland Tiles - Married during the Canberra bushfires of 2003 10 years ago James Hibberson was preparing to get married. On that day Canberra was burning as bushfires raged to the south. The ceremony was to take place just after lunch, and with the help of a police escort, guests arrived safely to witness the nuptials. As rings were exchanged the sky glowed red in the background, people became increasingly concerned with the situation and guests started leaving to make sure of their safety.
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After making it to the airport on their way to Vanuatu, James and his new bride flew out of Canberra and looked back over the hills of the city. “It looked like a huge mushroom cloud” James said. The fires were filling the sky with smoke and red embers. Many Canberrans would agree with James - “It was an unforgettable day”.
Mark commented “I have really enjoyed my time delivering innovative developments for Canberra’s more experienced citizens, it has been extremely rewarding to see the positive changes it has made to so many residents lives. APP has recognised the needs within this sector and this opportunity will allow me to assist many more clients. APP’s vast project management capabilities and national presence will ensure that we can service our client’s needs within the growing aged care and retirement living sector. I look forward to the future challenges”.
Stuart Fagan
Wilde and Woollard Consultants Stuart Fagan has recently retired after 24 years as a quantity surveyor with Wilde and Woollard Consultants in Canberra.
Richard Flint
MBA Group Training Richard Flint is MBA Group Training’s newest Carpentry Trainer. After a meeting with Jerry Howard in December 2006 Richard emigrated to Australia in 2007 to work for Classic Constructions. He started his life in Australia staying with his sister in law, just prior to the arrival of his wife and son in August 2007. Now, 5 ½ years on, Richard has settled in Macgregor which is home and the next stage of the family’s life journey is to become Australian Citizens.
Mark Glew
Joins APP Corporation After 8 years at Goodwin Aged Care Services and more than 16 years in the Canberra development industry Mark Glew has moved to APP Corporation as Project Director for Aged Care & Retirement Living. Mark will be based in Newcastle but capable of servicing all APP Clients.
After training in the UK and stints in South Africa and the Middle East, Stuart joined Wilde and Woollard’s Canberra office in 1989. He became an Associate Director in 1996 and Director in 1998. He also served on the Wilde and Woollard National Executive for 2012. Stuart was well known throughout the local construction industry, concentrating on the project delivery side. His skills in negotiating, honed in the Middle East, always provided an advantage to his clients in obtaining the most favourable outcome. Like many good Canberrans, he is retiring to the Coast where he intends to spend his time fishing and travelling. Stuart has been an integral part of the Wilde and Woollard’s Canberra Management Team and we wish him well in his retirement.
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BUILDING FOR The
FUTURe
From Left to Right: Jim Hanrahan, Peter Berents, John Miller, Rod Mitton, Tony Holland, Fred Marr, John Hindmarsh AM, Ross Barrett OAM, John Hailey, Paul Murphy, John Haskins AM, Mike Raffety, David Dawes, Simon Butt
The Master Builders Skills Centre Building Fund has been established for the benefit of non profit organisations for the acquisition, construction or maintenance of buildings for building and construction training.
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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Past Presidents, Life Members, & Honorary Members Thursday 6 December 2012 Sponsored by Village Building
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Village Building can cater to all of your home ownership needs.... For over 24 years Village Building has been developing award winning residential communities in the ACT, NSW and QLD producing over 12,000 lots and 3,000 homes. You will find Village Building communities in sought after suburbs located in close proximity to key amenities such as public transport, schools, employment and services and you will notice they include an abundance of parks and recreational spaces for residents to enjoy. We place great emphasis on the communities we create so you’ll feel comfortable investing in a Village Building community. For more information contact a Village Building sales consultant today.
ParkView at Jacka
Franklin: U25, Nexus, Flemington Rd, Franklin 10am - 4pm, Mon, Fri, Sat & Sun
6242 5999
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Jacka: Lawrenson Circuit, Jacka 10am - 4pm, Mon, Fri, Sat & Sun
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