Building News 3-2015

EDITION 3-2015

GOVT ADOPTS RECOMMENDATIONS FROM MBA POLICY PAPERS

THE ROYAL COMMISSION A LOOK AT THE EVIDENCE SO FAR

Celebrating 25 YEARS OF EXCELLENCE

TREND WINDOWS

NEW DISPLAY CENTRE OPENS

Designed and made for Australian conditions Suppliers of quality 100% Australian-made steel building products • • • • • •

Roofing & Walling Rainwater Goods Structural Products Verandahs / Patios / Carports Home Improvements Accessories

02 6214 5200 www.lysaght.com

Get your home ready for outdoor living • Verandahs • Patios • Carports Enjoy outdoor living all year round while adding style and value to your home with the LYSAGHT Living Collection® range of verandahs, patios, carports and decks.

Made in Australia using COLORBOND® steel, every LYSAGHT Living Collection® structure is fully engineered to Australian standards. It won’t warp, chip or peel, is rot and termite resistant and comes backed by Australia’s BlueScope Steel.

Visit www.lysaghtlivingcollection.com.au or call 02 6214 5200 for further information.

LYSAGHT, LYSAGHT Living Collection, NEWS COLORBOND and BlueScope CANBERRA BUILDING I EDITION 3-2015are registered trade marks of BlueScope Steel Limited, ABN 16 000 011 058.

2

MY15 Amarok Core 4x4 Manual FROM

$38,990

DRIVEAWAY�

Bi-turbo diesel engine Rear diff lock 1,050kg payload ‡ Largest tray in the class

MY15 Amarok Highline 4x4 Manual FROM

$49,990

DRIVEAWAY *

Rear-view camera Stainless steel side steps and sports bar Satellite navigation

Find out more at vwoffers.com.au

Your Volkswagen Partner

Lennock Volkswagen 150 Melrose Drive, Phillip 17000563 Tel. 02 6282 2022 www.lennockvolkswagen.com.au Campaign Driveaway price of $38,990 is for all new and demonstrator MY15 Amarok Core 4x4 Manual vehicles, sold and delivered by 31/12/2015, while stocks last. *Campaign Driveaway price of $49,990 is for all new and demonstrator MY15 Amarok Highline 4x4 Manual vehicles, sold and delivered by 31/12/2015, while stocks last. ‡Payload is defined as the Gross Vehicle Mass (GVM) minus the Kerb Mass. Payload is the maximum combined weight of occupants, cargo, added structures and tow ball down weight (when towing). GVM must not be exceeded. ^*Options available for an additional cost. Not available in conjunction with any other offer. Volkswagen Group Australia reserves the right to change or extend this offer. Terms and conditions apply, see vwoffers.com.au. ^

Give your

property

more Every business constantly searches for ways to offer better value to their clients. As an enterprising organisation, we strive to deliver better results, faster through innovative property marketing strategies. Our goal is to help you make real estate your competitive business advantage and ensure your entire range of property needs are met. We provide integrated solutions across residential projects and land marketing, valuations, consultancy and the sale and lease of assets.

Contact us today to find out how we can deliver better results, faster colliers.com.au Call 1300 737 512 CANBERRA BUILDING NEWS I EDITION 3-2015

Accelerating success.

MASTER BUILDERS EXECUTIVE COUNCIL President Valdis Luks Treasurer Frank Porreca National Board Representative Simon Butt

CONTENTS FEATURES

SPECIAL FEATURE Trend Windows’ new Display Centre

32

Trend Windows have opened their redesigned Display Centre in Hume. For exciting new products for your next build, visit Trend Windows.

Building Awards celebrate 25 years 34 ActewAGL 50 100 years on and still powering ahead

p32

Residential Builders Council Chair (Acting) Marc Roland

FOREWORDS

Professional Consultants Council Chair Bryan Leeming

President’s Report Executive Director’s Report IR Director’s Report WHS Advisor’s Report

NEWS&EVENTS Royal Commission

14

COVER PHOTO

20

Another fantastic home in Canberra using Trend Windows’ products. Trend Windows have opened their re`designed Display Centre in Hume.

A look at what has proceeded at the Royal Commission into Trade Unions

Professional Development Week

Chief finanicial Officer Aaron Froud

The passing of a friend of the MBA

Vale Mike Raffety

22

Moncrieff Display Village is launched

26

Official turning of the sod ceremony

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

EDITOR’S NOTE On 13 November 2015 the ACT Chief Minister, Andrew Barr MLA will launch MBA-ACT’s latest Charity House project.

This project, in conjunction with the Land Development Agency and Renaissance Homes will see two beautiful homes designed by Alastair McCallum from AMC Architecture, built in Buxton Street Deakin and then auctioned to raise money for three organisations that help people with a disability.

MASTER BUILDERS GROUP TRAINING General Manager Wendy Tengstrom

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

12

Officers, under the Work Health and Safety Act

Master Builders ACT are holding a week of seminars and workshops in October

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

10

Time to break the pattern

Work Health & Safety Advisor Philip Edwards

Director Commercial Operations David Leitch

8

Say no to Thugs

MASTER BUILDERS MANAGEMENT TEAM

Director Industrial Relations & In-house Legal Counsel John Nikolic

6

Milestones

Suppliers & Subcontractors Council Chair Graciete Ferreira

Deputy Executive Director Michael Hopkins

14

A look at what has proceeded at the Royal Commission into Trade Unions We celebrate some of the winners from this year’s Excellence in Building Awards

Commercial Builders Council Chair Peter Naylor Civil Contractors Council Chair Andy Crompton

Executive Director Kirk Coningham OAM

Royal Commission

The past two charity house projects raised over $800,000 for the Canberra Community. This project, through the generosity and support of MBA members, will most likely raise more than one million dollars.

p28

OF INTEREST Non-Conforming Products

23

Industry calls for greater oversight of non-conforming products

Master Builders Policy Papers

24

If we knock on your door for support, please help, knowing that every dollar raised will benefit our community. If you would like to know more drop us a line at canberra@mba.org.au

Government Adopting Master Builders’ Policy Paper Recommendations

From ASBA to Certificate IV

28

MBA Group Training provides builders with the right path for professional development in the industry

CANBERRA BUILDING NEWS I EDITION 3-2015

5

foreword

PRESIDENT VALDIS LUKS

MILESTONES This year the Master Builders Association ACT celebrates its 90th year of service.

Those Councils are:

2014 saw the Association put together the first of five policy papers. These papers cover Procurement, Land and Planning, Education and Training, Building Quality and Safety. The first four papers have been released, with the Safety Policy Paper to be released shortly. It has been encouraging to see Government and industry leaders show a keen interest in these papers and wanting to engage with the Association in achieving agreed outcomes.

• • • • •

Some specific areas where we have made progress have been on V306; local content and support for this region in procurement, the setting up of the Building Regulation Advisory Committee and the creation of the role of an ACT Government Industry Advocate.

Over those 90 years it has grown from humble beginnings into an Association representing some 1200 members, covering five different Sector Councils.

Commercial Builders; Residential Builders; Civil Contractors; Subcontractors & Suppliers; and Professional Members.

The MBA ACT has a significant part to play in this region and because of the dedication, hard work and respect it has built up over its history it is a highly respected organisation. This position brings with it a responsibility to actively represent and advocate for our members.

In the short time I have been on the Executive I have constantly been impressed with the dedication shown by the leadership and staff and over the past few years there have been some significant milestones and outcomes achieved by the Association.

In 2011 the Association, with great support from some significant members celebrated the 10th Anniversary of the “Kids Assist” program. The program is still going strong and continues to support potentially vulnerable young people in our region.

In 2013 $582,000 was raised through the building of the “Franklin Charity House”. Over the past ten years the Association and its members have raised over $1,000,000 in support of a variety of charitable organisations.

In 2013, as part of the Centenary of Canberra, the Association produced the “Master Builders that Built Canberra” Book. Over 50 of our past and present members or associates contributed to the book with some of the contributors being multigenerational from a number of families.

6

CANBERRA BUILDING NEWS I EDITION 3-2015

2015 saw the 25th Excellence in Building Awards, noting that in 2013 the ACT had eight national awards winners. With a population of approximately 380,000 people in a country of some 23 million people, the ACT regularly holds its own at the National MBA Awards. An achievement this region should be very proud of.

2015 has also seen a number of our staff and members willing to have input into the current Royal Commission.

Hopefully this infectious attitude will spread and there will be some long term good come out of this exercise. These staff and members are to be commended for the courage and backbone they have shown.

This year has also seen a changing of the guard with Kirk Conningham coming on board as our Executive Director and Michael Hopkins taking on the Deputy Executive Director’s role. On behalf of the Executive I’m pleased to say this has been a seamless process. We have been able to maintain our momentum and commitment in representing our members and providing quality training.

It’s important to note that like any Association, we exist to represent and advocate on behalf of our members and as long as we have this as our primary focus I believe we will remain relevant to our industry.

Cbus has continued its run of strong returns over the 2014/15 financial year with the Growth (Cbus MySuper) investment option returning 10.05%.

cbus For super made simple, you can rely on

Cbus is the national industry super fund for the building, construction and allied industries, with over 726,000 members, 96,000 employers and manages over $31 billion in members’ funds.

We are focused on maximising the retirement outcomes of members, while providing an excellent super service for employers.

With over 30 years’ experience in super, we understand you want to offer a great super fund for your employees but need your super administration to be as easy as possible.

You can rely on Cbus to partner with you to meet your business’ super needs. We offer: ■■ local service and support ■■ SuperStream compliant online payment system ■■ access to other benefits for your business.

Call Cbus on 1300 361 784 or visit www.cbussuper.com.au

Cbus’ Trustee: United Super Pty Ltd ABN 46 006 261 623 AFSL 233792 Cbus ABN 75 493 363 262. Read the relevant Cbus Product Disclosure Statement to decide whether Cbus is right for you. Contact 1300 361 784 or visit www.cbussuper.com.au for a copy.

CANBERRA BUILDING NEWS I EDITION 3-2015

EXECUTIVE DIRECTOR KIRK CONINGHHAM OAM

SAY NO TO THUGS The politics of the Royal Commission into Trade Union Governance and Corruption are entirely irrelevant to us in the Territory’s building industry. Irrespective of views on the TURC’s formation or operation, the testimony of 50-plus honest, hardworking Canberrans can’t be dismissed as fabrication or grand conspiracy.

The transcripts read like a script from a mobster movie: bullying and intimidation, blackmail and coercion, price fixing and standovers; all delivered from a base of huge wealth and power.

Act 3 The corrupting influence of power leads to increasingly flagrant behaviour. The mob starts to believe the law no longer applies to them. Where they act outside of the law, they tell us the laws are wrong, not them.

An example of flagrant action in the Territory came to light when some 50 union members resigned in protest at the CFMEU office. Eight formwork subcontractors had been ordered to close their businesses and apply for work with one of two union compliant companies.

“Outside of Hollywood the local hero rarely wins. Building sector businesses on the union’s radar either comply or die. ” Act 1 opens with the thuggery of the standover men. Big, tough blokes demanding payment for memberships and Enterprise Bargaining Agreements to ‘protect’ the victim from crippling disruptions on worksites. Just like the shop owner paying protection money.

Most victims submit quietly. It’s easier to pay. The action really heats up when a local hero says ‘no’. But this bully has real power – sites are shut down, concrete pours are stopped, workers are intimidated, customers disappear and investors suddenly change their minds.

As in 1930s Chicago, authorities on the payroll turn a blind eye, putting their betrayal down to the challenges of a ‘tough neighbourhood’.

Act 2 draws us into a complex web of ‘legit’ entities, each of which extracts further payment from the victims before dispersing the cash to the ‘family’. The same men are behind every business and on every board, ruthlessly and relentlessly increasing their power.

This extends ever more deeply into the community: seizing control of legal gambling, leveraging the legal system, hoodwinking the media (goodfellas one and all), and building an impregnable political base to ensure they remain untouchable.

Outside of Hollywood the local hero rarely wins. Building sector businesses on the union’s radar usually either comply or die.

Once signed up the demands continue, from compulsory contributions to fixed prices, from signing up fictitious members to agreeing to EBAs un-seen by employees.

8

CANBERRA BUILDING NEWS I EDITION 3-2015

The union seemed genuinely shocked at the protest. There was no suggestion of wrong doing in the lead up, yet on the day of the protest the union suddenly launched a bevy of complaints about the subcontractors to the authorities as well as establishing the now shamefully predictable smokescreen of ‘safety’ concerns. It says much about the union’s sense of impunity that they chose to do this on the eve of the royal commission’s hearings in Canberra.

The final Act is yet to be written. It starts with putting the spotlight on abuses that are so brazen the authorities can no longer ignore. It continues with local heroes telling the truth (more people from the Territory’s industry gave evidence than all of the other jurisdictions combined).

Our final act can be written in two simple letters. When contagious courage delivers us to the point where everyone across our industry simply says ‘no’. We say ‘no’ to extortionate agreements, ‘no’ to demands to exclude people from our industry, ‘no’ to fixed prices, ‘no’ to being signed up against our wishes and ‘no’ to the compulsory payments that fund their political power base.

Importantly this Act delivers a ‘happy ever after’ for our entire community. In this version of our future we build a truly competitive industry. We also build the offices, apartments, bridges, roads, schools and hospitals and Canberra’s taxpayers no longer pay the union’s cut.

We now have a real chance, maybe our only chance, to stand united and re-write the script.

STAND OUT FROM THE

TRADE

PACK

NPR 2OO NPR 2OO

PREMIUM MEDIUM

Complete with an Isuzu specified 4500mm x 2122mm heavy-duty aluminium tray body • Two-piece, 303mm high drop-sides • Three-piece ladder rack (rear racks are removable) • Genuine Isuzu polished aluminium bullbar and genuine Isuzu 3500kg tow bar, incorporating 24v, 7 pin flat plug trailer wiring harness and chrome tow ball • Cornering lamps • 6-speed manual • Isuzu super clean Euro V SiTEC Series III 5.2 litre diesel engine • Satellite navigation • DAVE media system Premium features: • 6-speed AMT • Cab factory painted in silver • Lockable steel toolbox

CANBERRA ISUZU 16 Kendall Avenue, Queanbeyan, ACT 2620 Phone: (02) 6297 3862 www.canberratrucks.com.au Gear in tray not included. ISZ9921

CANBERRA BUILDING NEWS I EDITION 3-2015

DIRECTOR INDUSTRIAL RELATIONS JOHN NIKOLIC

TIME TO BREAK THE PATTERN During July 2015, the Canberra hearings of the Royal Commission into Trade Union Governance and Corruption finally exposed the ‘open secret’ of the construction industry – one known to virtually all inside it, but previously little understood by the public at large. The Canberra hearings were dominated by revelations of cash payments to win work and pricefixing. However, these are merely the outer expressions of a more everyday pattern of threats, demands and market manipulation which ripple throughout the commercial construction industry.

While the cash (or often cheque) payments to former ACT CFMEU lead organiser Mr Halafihi Kivalu grabbed the headlines, the more important story is the anti-competitive pattern of behaviour apparently engaged in by the ACT CFMEU, and its reflection in the broader commercial practices of builders and subcontractors. It is time to break that pattern.

Throughout the Canberra hearings, subcontractors repeatedly testified that various union officials threatened to exclude them from the market if they did not meet union demands, ranging from pattern ACT CFMEU enterprise agreements, payment for union memberships (even where employees did not wish to join) and donations. In other words, while the ‘price’ demanded by various ACT CFMEU officials differed, the alleged threat used to extract it was the same: meet it or get out of town. It is that threat (not the demand) which led to the arrest of both Mr Kivalu (who extorted cash payments) and current CFMEU organiser Jonny Lomax (who extracted a signature to an enterprise agreement) on charges of criminal blackmail. The reality is that Mr Kivalu, just like Mr Lomax and others, was acting within an established pattern of behaviour apparently endorsed by the union as its central operating tactic: extracting demands via threats to livelihoods.

Given the apparent power of the ACT CFMEU to actually induce builders to cease using black-banned contractors, usually via a mixture of site disruption, interference with clients and slander, as well as verbal and physical intimidation, one can easily imagine that it is but a small

10

CANBERRA BUILDING NEWS I EDITION 3-2015

step for ACT CFMEU organisers to ask subcontractors more explicit ‘prices’, such as those paid to Mr Kivalu.

However, this cuts both ways: it is also a small step for builders and subcontractors to see the ACT CFMEU as a ready-made vehicle to manipulate the market in their favour. If contractors were to band together to exclude competition without the involvement of the union, it would be clear to all that they were engaging in an explicitly criminal enterprise of cartel creation. The presence of the ACT CFMEU as an entity apparently willing to engage in market exclusion makes that practice so much easier: it is something that participating contractors can simply acquiesce to.

The pattern of alleged threats and demands made by the ACT CFMEU leads to the creation of union co-ordinated construction cartels, which tends to entrench the grip of major construction corporations. While hard to calculate, this is generally considered to artificially inflate construction costs by approximately 30 per cent, not only because of the rents extracted by the ACT CFMEU, but more significantly due to reduced competition by emerging small to medium size businesses, which cannot afford to meet union demands and are excluded from the market.

In the short-term, this can be a boon to builders, under contracts which award them fees based on a percentage of total costs. However, over the longer-term, the market is starved of new entrants and costs continue to inflate, driving down demand for construction services. Union ‘approved’ companies also suffer, as rivals which said ‘no’ to union demands are able to outcompete them. This latter prospect would appear to be why the Royal Commission heard that the ACT CFMEU allegedly directed concreting and scaffolding subcontractors to fix their charge out rates to builders, with the union apparently promising to ‘hammer… and run out of town’ any company that quoted under that price.

If the industry itself does not break that pattern, it can expect to be broken. Where contractors have made payments to win work, they too should expect to be paid a visit by the Australian Federal Police, unless they can prove

that they were forced to make the payment. Similarly, the Australian Competition and Consumer Commission has created a taskforce to investigate market-sharing and pricefixing arrangements in the ACT, where once again, the only real defence is that a contractors (and the builders they tender to) were forced into the arrangement.

That of course begs the question about how much force the CFMEU can really apply. The answer is very little, if builders refuse to take ‘procurement advice’ from the union and contractors rely on their legal remedies against tender-discrimination based on union-affiliation (which is actionable under industrial, competition and criminal laws, as well as prohibited under Commonwealth government procurement guidelines).

Unfortunately, it is the ability of the ACT CFMEU to influence builders’ tendering practices which enables the union to leverage its demands from subcontractors. For example, consider Mr Medwhat Eleisawy of MDS Tiling’s explanation to the Royal Commission about why he made payments to Mr Kivalu: ‘because I think I have no choice … every single job in Canberra … the builder will not let any trade contractor without approval by Union, that’s the market, so we tried to get some work’.

The pattern whereby subcontractors seek union approval, and builders seek to utilise approved contractors, must be broken. Luckily, as demonstrated by the 50-plus witnesses before the Royal Commission, contractors and builders are learning that it can be.

Consider the testimony of Mr Troy Armstrong, from Claw Constructions, who was allegedly told by ACT CFMEU official Mr Anthony Vitler that he had to sign the union enterprise agreement, as ‘this is the way the industry is going … we will take control of the jobs… we will soon be telling you which ones you can and can’t go on’ and that if he didn’t come to an agreement (including ‘other options’ such as paying for union memberships and donations) then the union ‘will kick you off sites’. When Mr Armstrong said that, as a small business, he could not afford the union demands, Mr Vitler allegedly said he didn’t ‘give a f*#k about small businesses’.

Within days, Mr Vitler and Mr Kivalu had visited a site that Mr Armstrong’s company was working on, and allegedly told the builder (Delorco Constructions) that Claw Constructions is ‘not CFMEU approved and … is not to work on this site… we have found you Class 1 [Form] that is CFMEU approved to take the job over’ (as emerged during the Canberra hearings, Class 1 Form had achieved union approved status by repeatedly signing the ACT CFMEU enterprise agreement and paying for union memberships, as well as making payments to Mr Kivalu). Thankfully, Delorco Constructions refused to participate in a black-ban against Claw Constructions, and the subcontractor refused to meet the demands made by the ACT CFMEU. When another builder (Claxton Constructions) later said that it would bow to union pressure to terminate Claw Construction’s contract, the subcontractor’s threat to sue the builder for damages led the builder to have second thoughts, as the law of the jungle (where force prevails) was replaced with the rule of law.

The exposure created by the Royal Commission hearings is the first step towards restoring the rule of law in the construction industry, but only the first step. Our criminal, competition and industrial laws are designed to disrupt patterns of corruption, by creating a space in which businesses can compete, free from unlawful interference and intimidation, and freely associate with unions (rather than being forced to). However, they are a poor shield if builders and subcontractors are willing to pick them up and, when wielded by regulators, are a sword that can cut both ways. In the space that the inquiry has created, builders and subcontractors must find the moral and commercial courage to not only say ‘no’ to corruption, but take the next step of actually relying on their legal remedies to fight it.

CANBERRA BUILDING NEWS I EDITION 3-2015

11

WORK HEALTH & SAFETY ADVISOR PHILIP EDWARDS

OFFICERS, UNDER THE WORK HEALTH AND SAFETY ACT Being an officer of a business carries responsibilities and the health and safety obligations are very important. The health and safety commitment and leadership from the top level of a business is important to its health and safety outcomes.

An officer must ensure their business has arrangements in place to comply with its health and safety obligations. It is an officer’s duty to exercise due diligence to ensure their business meets its obligations under the Work Health and Safety Act 2011 (ACT). The due diligence elements required of an officer include1 :

• • • • • •

acquire and keep up to date knowledge of health and safety matters; gain an understanding of the operations of the business and the hazards and risks involved; ensure appropriate resources and processes are provided to enable hazards to be identified and risks to be eliminated or minimised; make sure information regarding incidents, hazards and risks is received and the information is responded to in a timely way; make certain the business has, and implements, processes for complying with any legal duty or obligation; and ensure processes are verified, monitored and reviewed.

The above points are not extensive, but do form part of an integrated system for ensuring business compliance.

The general belief is officer duties are reserved for directors, company secretaries and individuals who make major decisions that affect the business; but when is an individual involved enough in the business to be an officer?

In June, the ACT Industrial Magistrates Court delivered the first judgment in interpreting the meaning of “officer” under the Work Health and Safety Act 2011 (ACT).

1 2

12

McKie v Al-Hasani and Kenoss Contractors Pty Ltd (in liq) 2 In March 2012, a truck driver was killed when the “bucket of his truck” contacted overhead powerlines above a site which was used by Kenoss as a temporary store for materials on a project.

Evidence was presented at the case the site was considered dangerous because of the overhead powerlines above it. The site was fenced but not locked and had a sign on the fence, “CONSTRUCTION SITE, KEEP OUT”; but there were no warning signs for the overhead powerlines.

There was also evidence presented Mr Al-Hasani was aware of the risks associated with the powerlines above the site. At the time of the incident, Mr Al-Hasani was employed as an engineer, and was also managing a number of other projects for Kenoss.

There was further evidence presented that safety concerns were raised with the site foreman; however, control for fixing those concerns fell to Kenoss management, which included Mr Al-Hasani (and Kenoss’ General Manager).

Following the incident Kenoss was charged under section 32 of the Work Health and Safety Act 2011 (ACT) for failing to comply with a health and safety duty; and Mr Al-Hasani was charged under section 27 of the Work Health and Safety Act 2011 (ACT) for failing to exercise due diligence to ensure Kenoss complied with its WHS obligations and duties.

Kenoss Industrial Magistrate Walker found Kenoss had breached its health and safety duty by failing to take adequate measures to address the risk posed by the power lines above the site.

Kenoss was found to have a health and safety duty to those who visited its sites, including subcontractors, such as the truck driver killed.

http://www.safeworkaustralia.gov.au/sites/swa/about/publications/pages/interpretive-guideline-section-27 http://www.courts.act.gov.au/magistrates/judgment/view/8939/title/mckie-v-al-hasani-and-kenoss

CANBERRA BUILDING NEWS I EDITION 3-2015

The Magistrate found that there were a number of relatively simple measures which could have been implemented to eliminate or minimise the risks associated with the powerlines above the site, e.g., Kenoss could have turned power off to the site if a delivery was required to be made, or limited access to the site by securing the fence.

It was noted Kenoss had directed contractors not to use the site; but it was held that this in itself was not enough to discharge its health and safety obligations.

The Magistrate fined Kemoss $1.1 million. The maximum penalty is $1.5 million.

In handing down sentence, the Magistrate found the offence had not been the worst case scenario, “it is certainly towards the high end”.

ones which affected either the whole or a substantial part of Kenoss’ business.

The Magistrate found this position was supported by the fact Mr Al-Hasani was not responsible for hiring and firing workers, did not have authority to commit company funds without approval, and did not have direction over the type of projects tendered for by Kenoss and did not sign off on the tenders for projects that were sought by the company.

There was no evidence as to matters such as who determined the corporate structure or who established any of Kenoss’ policies, and it was not apparent whether Mr Al-Hasani attended board meetings or met any of the company’s legal obligations.

The Magistrate was not satisfied beyond reasonable doubt that Mr Al-Hasani’s role was more than operational.

Kenoss is in liquidation and did not appear at the hearing.

Mr Al-Hasani

Lessons learnt

However, Chief Industrial Magistrate Walker found the prosecution had not established Mr Al-Hasani, as the project manager was an officer because there was there is “no evidence that he made, or participated in making, decisions which affected the whole, or a substantial part of the business of the corporation, other than his concession of that effect without context”.

To be an “officer” under the Work Health and Safety Act 2011 (ACT), the decisions which a worker makes, or participates in making, must be of an organisational nature and affect the wider “context” of the business; however, the decision in relation to Mr Al-Hasani should not be viewed as an indication that project managers are ‘off the hook’ when it comes to having officer’s duties or indeed duties more generally under the Work Health and Safety Act 2011 (ACT).

From the evidence presented the Magistrate agreed Mr Al-Hasani had not exercised due diligence to ensure Kenoss complied with its health and safety obligations and duties; however, she ruled that he was under no obligation to do so under the Work Health and Safety Act 2011 (ACT), because he was not an “officer” of the company.

She noted “the interpretation of the concept of an officer should to be viewed through the prism of the organisation as a whole rather than a particular function in which the individual was engaged”.

It was found that while Mr Al-Hasani had an important role managing particular large scale projects being undertaken

by Kenoss, his role was less significant considering the wider organisational structure of the company, which included a separate development business in another corporate entity.

Mr Al-Hasani agreed he participated in making decisions, which affected Kenoss’ business. The Magistrate found there was “clear limits on his participation delineated by his role as project manager as detailed in his responses in crossexamination”.

While Mr Al-Hasani was responsible for the delivery of specific contracts entered into by Kenoss, the Magistrate was not satisfied this alone demonstrated he had sufficient control of the company, and the decisions which he did make were

Managers should consider what steps are currently taken to ensure the company in which they work complies with its health and safety obligations and duties on a project, and any additional steps that can be made to satisfy the due diligence to be exercised by an officer, and who in the company is best placed to ensure the company complies with its health and safety obligations and duties.

Whether a management employee is an officer obliged to meet the higher duties under the legislation will always depend on the nature and size of the business. All employee also have obligations under the Work Health and Safety Act 2011 (ACT) to ensure the safety of others, regardless of their seniority.

ROYAL COMMISS

During four weeks of hearings – three weeks of scheduled hearings in Canberra and a further week of unscheduled hearings in Sydney – the Trade Union Royal Commission heard a litany of explosive allegations from the building industry and others – including the Australian Federal Police – of extortion, blackmail, bribery, price-fixing and intimidation inflicted on the Canberra building industry by the CFMEU.

The Royal Commission into trade union governance and corruption heard repeated evidence from different sections of the building industry about how the CFMEU has forced them through intimidation, thuggery and threats of market exclusion to sign union-approved enterprise bargaining agreements, agree to CFMEU-approved work rates, pay for union memberships and meet other demands.

Much of the evidence that was related to the Royal Commission was known – at least in general terms – to many in the ACT building industry. In a survey of MBA members before the Royal Commission started hearings, 58 per cent of respondents said they had received threats from the CFMEU to exclude them

14

CANBERRA BUILDING NEWS I EDITION 3-2015

from the market if they did not agree to the CFMEU’s pattern EBA, 32 per cent had been asked to make ‘donations’ to the CFMEU or related business entities in exchange for ‘industrial peace’ and 7 per cent had been asked for outright bribes.

But this was unknown to the larger ACT public, most of whom did not believe that such criminal activity and thuggery existed under their noses, in one of Canberra’s largest industries.

They only became aware because the presence of the Royal Commission in Canberra gave a handful of courageous builders and contractors the protection they needed to break the cone of silence which has allowed the CFMEU’s alleged intimidation, manipulation of the industry and price fixing to continue.

The paper noted that “In an opening statement to the Canberra hearings, the commission’s barrister, Jeremy Stoljar said the evidence would “paint a disturbing picture of the conduct of the CFMEU in the ACT: alleged corrupt payments, standover and intimidation tactics, and the apparent establishment and promotion of cartels for key trades”.

The AFR said, “Stoljar has delivered on his promises, at times in quite spectacular fashion. Most notably, former CFMEU organiser and local Labor Party branch president Halafihi Kivalu was arrested and charged with blackmail after evidence he allegedly extorted tens of thousands of dollars from Canberra contractors”

In many cases they acknowledged they had been forced to submit to the CFMEU’s demands – including payments of bribes – to stay in business.

At the end of the Canberra hearings the respected Australian Financial Review reported, “A month ago, business figures were complaining the Royal Commission hadn’t uncovered much. That criticism has now stopped. On Thursday the Australian Competition and Consumer Commission, which enforces anti-pricefixing laws, said it will use a special unit to investigate the CFMEU’s behaviour in Canberra.”

After the hearings Master Builders ACT Director of Industrial Relations John Nikolic said “the distortions of the industry and price-fixing imposed by the CFMEU in Canberra have important implications for the competitiveness of the building industry in Canberra and should be examined by the ACCC.” Above: Master Builders ACT Director of Industrial Relations John Nikolic during the Canberra Hearings

“Those contractors who refuse to sign an EBA experience intimidation and disruption of sites, so that in the end builders stop using them. Those who agree have inflated costs, by virtue of the union EBA (which directs money to various union-affiliated entities) and the other unlawful on-costs, such as demands for payment for union memberships and apparently ‘donations’. However, the greater cost is caused by the reduction in competition, all of which is ultimately borne by the Canberra community.”

“This is not just a tough union negotiating hard for its members,” Mr Nikolic said.

“This is an organisation with unrestrained power which is causing damage to the ACT economy and to ordinary people.”

Mr Nikolic told the Royal Commission the effect of the CFMEU’s conduct in the Canberra building industry is that emerging small businesses are eliminated from the market: “Emerging small-tomedium sized competitors are … excluded from the market, unless they submit to

labour costs [under union EBAs] that may be unaffordable at their economy of scale. One does not need to be an economist to realise that the suppressed competition which would result from such practices (along with the economic costs of disruption) would inflate construction costs, stifle the innovation of new entrants and restrict growth.”

ION CONCRETERS, SCAFFOLDERS AND FORMWORKERS The Trade Union Royal Commission heard repeated evidence from different sections of the building industry about how the CFMEU had forced them through intimidation and thuggery to sign union-approved enterprise bargaining agreements (EBAs) and to agree to CFMEU-approved work rates.

Bernardo Da Silva a former director of Rovera Scaffolding when asked by counsel assisting the Commission why he agreed to sign up said, “Look, if we didn’t, if we get pushed to a corner, they will make it hard for you on any projects in the future. Give you a bad name, ‘Don’t use’ - maybe go around the builders saying recommending to use someone else or finding safety issues for an excuse to get on to sites.”

In the context of discussions of how the businesses would compete with the set prices for scaffolding work in Canberra, scaffolders were allegedly told they should pay a $10,000 ‘bond’ to a CFMEU-controlled ‘kitty’ as a guarantee they would not undercut agreed scaffolding rates.

The director of Claw Constructions, Troy Armstrong, was allegedly told by an ACT CFMEU official that he had to sign the EBA, as ‘this is the way the industry is going … we will take control of the jobs… we will soon be telling you which ones you can and can’t go on’ and that if he didn’t come to an agreement (including ‘other options’ such as paying for union memberships and donations) then the union ‘will kick you off sites’. When Mr Armstrong said that, as a small business, he could not afford the union demands, Mr Vitler allegedly said he didn’t ‘give a f*#k about small businesses’. Within days, Mr Vitler and Mr Kivalu had visited a site that Mr Armstrong’s company was working on,

“This is the way the industry is going … we will take control of the jobs… we will soon be telling you which ones you can and can’t go on” - Troy Armstrong on threats made to his company

Evidence from scaffolders about directions from the CFMEU to sign EBAs and fix charge-out prices in order to operate in the ACT building industry followed evidence of similar CFMEU coercion of concreters. Witnesses from the scaffolding sector of the industry told the Royal Commission how they had been intimidated into signing CFMEU-approved EBAs so as to be allowed to continue to operate in the ACT building industry.

and allegedly told the builder (Delorco Constructions) that Claw Constructions is ‘not CFMEU approved and … is not to work on this site…”.

CANBERRA BUILDING NEWS I EDITION 3-2015

15

ROYAL COMMISSION ARRESTS

CFMEU’S ABUSE OF SAFETY

A former CFMEU official, a current official and an associate of the former official were all arrested during the Royal Commission’s Canberra hearings:

Testimony highlighted the manipulation of safety issues by the CFMEU to gain control of building sites in Canberra.

Builder Sam De Lorenzo, owner of Delorco Pty Ltd told the inquiry the CFMEU sought to present a distorted picture of safety issues and Australian Federal Police Detective Sergeant Mark Battye said he believed CFMEU organiser John Lomax was behaving in a threatening and intimidating manner when he was called to a building site in Fyshwick, and that his ‘right of entry’ permit did not allow him to behave in this way.

16

•

Former CFMEU official ‘Fihi’ Kivalu was arrested on blackmail charges (pictured above) after giving evidence to the Commission. Counsel assisting the commission, Jeremey Stoljar, alleged Mr Kivalu demanded bribes from ACT builders in return for work. Formwork contractor Elias Taleb gave evidence he was forced to pay Kivalu $135,000 in instalments for access to the Canberra construction market. Kivalu admitted to the inquiry that he accepted only $60,000 from Mr Taleb. The commission also heard an expletive-laden phone call recording, in which Kivalu demanded more cash from Mr Taleb. Builder John Domitrovic told the commission he paid $30,000 to Mr Kivalu and was instructed to make the cheques out to Mr Kivalu’s wife.

•

CFMEU organiser and former Canberra Raiders John Lomax was charged with making an unwarranted demand with menace over a pay deal last year. Mr Lomax had been listed to give evidence to the Royal Commission but is yet to do so. He was released on watch-house bail and will face the ACT Magistrates Court.

•

Tu’ungafasi Manase was arrested and charged for giving false evidence to the Royal Commission. He appeared before the Canberra Magistrates Court and pleaded not guilty to perjury. Mr Manase is an associate of Fihi Kivalu.

•

On 25 August 2015, the ACT CFMEU’s offices were raided by the Australian Federal Police, with more than 10,000 electronic and hard-copy documents retrieved in a search that lasted 13 hours, covering computers, roof cavities and safes.

CANBERRA BUILDING NEWS I EDITION 3-2015

“LEVERAGING ‘SAFETY’ IN THE PURSUIT OF COMMERCIAL OR INDUSTRIAL ISSUES … IS SIMPLY UNFORGIVABLE IN AN INDUSTRY AS INHERENTLY DANGEROUS AS OURS. THIS EVIDENCE REINFORCES SERIOUS CONCERNS THAT ‘SAFETY’ IS ROUTINELY USED AS AN EXCUSE TO DISRUPT WORKSITES TO SECURE UNION ENTERPRISE BARGAINING AGREEMENTS” - Executive Director of Master Builders Kirk Coningham Detective Sergeant Battye told the inquiry of being called to a construction site at Fyshwick where Lomax and another CFMEU official Jason O’Mara were present and threatening those on the site. Asked by counsel if, after talking the builder Darrell Leemhuis and CFMEU officials, any specific safety issue was raised, he said “not one.” This was despite previous attempts by union officials to stop a concrete pour on the grounds that it was unsafe, prior to the police officer’s arrival.

He said that Mr Leemhuis told him workers on the site were being intimidated and that this had been reported on police radio and by another police officer present. “My job was to make it safe and having those people removed from the job, that was my objective at the time.” When the union next met with Mr Leemhuis, a few days after the incident, the CFMEU did not raise safety concerns. Instead, it directed the builder to sign a CFMEU enterprise agreement and gave the builder a list of CFMEU ‘approved’ concreters to use.

Above: CFMEU Union members protest against the CFMEU at their offices in Dickson, where membership cards were thrown to the ground.

Executive Director of Master Builders ACT Kirk Coningham said after the hearings that: “leveraging ‘safety’ in the pursuit of commercial or industrial issues … is simply unforgivable in an industry as inherently dangerous as ours. This evidence reinforces serious concerns that ‘safety’ is routinely used as an excuse to disrupt worksites to secure union enterprise bargaining agreements. When businesses relent to the intimidation and sign up, all of the pressing ‘safety’ concerns miraculously disappear,” Mr Coningham said.

“Despite improvements in the ACT industry’s safety record, there is still more improvement needed” he said. “The best safety outcomes are achieved when everyone [is] involved but trust is not possible under the cloud of intimidation and threats created by the CFMEU”.

CFMEU-ASSOCIATED ENTITIES Master Builders ACT Director of Industrial Relations John Nikolic told the Royal Commission that most elements of CFMEU pattern EBAs were non-negotiable including requirements that employers make payments to CFMEUassociated entities: “from which it receives significant funds, such as union-affiliated charities, union-affiliated trading organisations, redundancy trust funds, income protection insurance schemes which the CFMEU-affiliated training organisation gets a commission from.”

Senior counsel assisting the commission Sarah McNaughton outlined a complex structure of interlocking entities controlled by senior staff of the ACT CFMEU and The Tradies Group. She said the ACT Construction, Forestry, Mining and Energy Union collected almost $1.2 million off the back of its EBAs in 2013 and 2014 – from compulsory training, charity and income protection clauses.

CANBERRA BUILDING NEWS I EDITION 3-2015

ROYAL COMMISSION

“The commission will be inquiring into questions involving conflicts of interest, lack of transparency and possible third line forcing,” Ms McNaughton said.

was told “As a result of their influence, unless I had my boys joined up as members, I would struggle to win any work in Canberra,” Mr Daish said.

Ms McNaughton said Construction, Employment, Training Welfare Ltd as trustee for Creative Safety Initiatives Trust [CETW/CSI] had fingers in many pies. “As a result of clauses in the EBA CETW/CSI receives money for training, management fees [of $200,000 a year] from Construction Charitable Works Pty Ltd and promoters fees [of $200,000 a year] from the JLT [income protection] trust scheme,” she said.

In addition to the intimidation and union standover tactics used to force employers to sign union-determined EBAs and pay CFMEU membership, the inquiry was also told that building workers were denied the opportunity to vote on whether to accept the agreements in the scaffolding sector, with allegations that approval forms lodged with the Fair Work Commission may have been forged.

“The question arises as to whether the setting up of complex structures in relation to training, contribution to a charity and income protection was done deliberately to hide the CFMEU’s involvement,” she said.

CFMEU secretary Dean Hall was a director of many of the associated entities. Mr Hall told the Commission the arrangements had not been devised to hide the union’s stranglehold on training or the money it took from the charity fund or the income protection trust.

FORCED UNION MEMBERSHIP The Royal Commission heard evidence from numerous contractors who were allegedly forced to pay CFMEU membership for unwilling or non-existent employees to avoid being forced from the industry.

HD Projects director Clyde Daish told the Commission that in 2010 he was forced to pay the CFMEU $3674.20 in membership fees for 12 “ghost” employees who did not exist after CFMEU officials disrupted his worksite for half a day.

He had between six and eight staff working on the site at the time and all or most were members of the CFMEU in NSW. But when he tried to explain that to union organiser Halafihi Kivalu, he was told, “You need to pay anyway. I’ll just make up 12 names.” He said no membership forms were filled out for the 12 “ghost” members. “It was invented, from what I understand, just to get that portion of money into the ACT branch.” He agreed to pay because the worksite had come to a halt and it seemed “a fairly easy way” to move forward. He

ACCC AND PRICE FIXING Near the end of the Canberra hearings the Australian Competition and Consumer Commission announced it would investigate allegations the CFMEU’s standover tactics had created cartel conduct in Canberra’s construction industry.

The ACCC said it was aware of “serious allegations and evidence” presented to the Royal Commission.

ACCC chairman Rod Sims said the alleged conduct mainly concerned the ACT’s concreting and scaffolding industries.

“Cartel conduct such as price fixing, anti-competitive agreements and attempts to bring about collusive arrangements are matters of grave concern to the ACCC,” he said.

“The ACCC will be looking closely at the allegations. Our inquires will be conducted by the specialist team we have recently established to look at similar allegations in the construction industry arising from the Royal Commission into Trade Union Governance and Corruption.”

Under the Competition and Consumer Act there are civil and criminal penalties for cartel conduct.

The ACCC said it did not generally comment on its investigations but “considered it was appropriate in this case due to the public nature of the allegations”.

Mr Sims urged anyone with information about the allegations to call 9230 3894 or email cartelimmunity@accc.gov.au

Keeping it real by keeping it local

Construction Hire Range:

now that’s an

> Electric Scissor Lifts > Knuckle Booms > Stick Booms > Rough Terrain Scissor Lifts > Electric & Hybrid Booms > Mast Lifts > Material Handling > Aluminium Scaffolds

Asset Construction Hire has now expanded into the Material Handling market, with a range of new products. The latest additions are due to their customer focussed approach of listening to what the problems are and sourcing the right solutions.

Warehousing solutions include 1.8 and 2.5 ton Komatsu fork lifts,

Walkie Reaches and Electric Pallet Jacks.

Rough Terrain Forklifts Manitou 2.5 ton buggy forklifts are the

solution for hard to operate surfaces.

Telescopic Handlers available for long term & short term hire with

a range covering 2.5, 3 ton and 4 ton machines.

> Truck Mount Booms > Spider Knuckle Lifts > Towable Booms > Towable Scissors > Lighting Towers > Generators > Compressors > Rollers > Glass Handling > Plant Equipment > Site Facilities

Asset Key Qualities: 3 Quality Technical Advice for Equipment Requirements 3 Highly Presented Equipment 3 Mechanically Reliable and Safe Equipment 3 Responsive Delivery Service 3 Streamlined Administrative Services Walkie Reach

2.5 Folk Lift

2.5 Ton Buggy Folk LIft

2.5 Folk Lift with Rotator

3 Local and Personalised Service

2.5 Ton Telescopic Handler

“Let us be an asset to your business”

1300 361 383

www.assethire.com.au

PROFESSIONAL DEVELOPMENT WEEK AT THE MBA MONDAY 19 - FRIDAY 23 OCTOBER

In an ever-changing industry it is crucial that relevant professional development training be provided to ensure that the industry needs are up to date with new technology and materials.

Master Builders ACT views this event as an opportunity to provide a broad range of workshops which are aligned with training opportunities and defined areas that require quality improvement. This includes re-equipping the industry to meet the demands of an economy in recovery mode and addressing the underpinning and undiminished issues of skill deficiencies and shortages.

PROFESSIONAL DEVELOPMENT WEEK IS SPONSORED BY

Canberra Austbrokers Canberra are the major sponsor for this event, and have been providing general insurance services to the MBA and their membership for over 15 years

Master Builders ACT is proud to take a lead role in this event and to create a program for the building and construction industry that will demonstrate current information on quality, technical skills, leadership, time management and a range of niche interest areas.

In 2015, our focus for this event will be on achieving high quality in building and construction via innovation and the use of new technology and products. Details for the event are as follows:

Date: Cost: Time: Venue: Objectives:

20

19 – 23 October 2015 Free to MBA ACT members Various workshops running between 8am – 6pm each day Master Builders Headquarters and Skill Centre, Fyshwick Promotion of quality in building and construction industry, promotion of the importance of continuous training and professional development, encouraging excellent business practices and leadership throughout the industry, educating industry members of innovative solutions, as well as new technology, products and materials.

CANBERRA BUILDING NEWS I EDITION 3-2015

THE SESSIONS Building defects: Five great ways to make sure your building leaks and your boss gets sued.

Canberra has some of the worst cases of defective buildings in Australia and leaks are the No. 1 cause of disputes. One set of units in Canberra had $18 million of defect repairs carried out within 10 years of completion. Building Licensees, Owners of Construction companies and Architecture practices are being sued.

In this session we will look at real cases from recent legal matters and you will learn:

• • • •

why this has happened and how to prevent it happening to you. why builders are being held liable for other professionals’ work. why the 20 year warranty won’t help. what are the expected changes in legislation in the ACT.

Leadership skills: MBA Future Leaders Group (attendance by invitation) This session will prepare business owners and bosses to see that by structuring their leadership and how they approach problems, their job becomes easier and reduces wasted time, effort and money.

Attendees will be exposed to five areas, including planning and decision-making they must think about in order to gain clarity around what they want to achieve in their business and how to achieve it by simplifying their challenges and helping their team to support their vision.

Insider Tips for Government Tendering Liana Westcott, Special Counsel, Russell Kennedy Lawyers Drawing on her extensive experience of advising Commonwealth government clients on their procurement activities, Liana offers a unique insight to what goes on behind the closed doors of the tender evaluation room. This session will answer some of the most frequently asked questions about government tendering: Is there any discretion to accept a late tender? How important is

price? Why does the work always seem to go to the same companies? It will also offer some practical tips on avoiding the things that most annoy evaluation committees and making sure your tender has the best chance of success.

Managing your response to a Coroner’s Investigation Victor Harcourt, Principal, Russell Kennedy Lawyers Victor Harcourt will lead a practical discussion about how you manage your organisation’s response to a Coroner’s Investigation, including your rights and responsibilities. They will inform you about recent reforms to the Coroners Act that allow the Coroner and police to establish a Coronial Investigation Scene on your premises. The changes have also reformed the operation of the privilege against self-incrimination in the Coroner’s Court. Victor will lead you through these reforms.

Victor is a Principal of Russell Kennedy and a senior litigator. He has acted in numerous coronial inquests and has an in-depth knowledge of this jurisdiction.

Time Management/Communication With busy schedules and continuous deadlines, being able to schedule your day and work effectively is an essential skill to have. In the seminar, Judy Gleeson will be taking you through skills that will improve personal time management.

Also Judy will be running a seminar on 360 communication skills. You will learn how to communicate with a variety of different people; including how to identify the type of person you are communicating with and how to best communicate with different types as well as effective listening skills.

Getting your contract paid Alisa Taylor, Partner from Meyer Vandenberg Lawyers, will speak to members about best-practice contract administration. The purpose of this seminar is to warn members about the common mistakes that can cause payment disputes, provide assistance

to members in avoiding those disputes, and help members manage disputes so they do not end up in court. Alisa will also provide members with tactics for protecting themselves as much as possible in the event that a project does go bad. This seminar will cover both residential and commercial contracts, and will cover security of payment and other dispute resolution processes.

Safety October is national safety month. Helping members become better informed on current issues and topics, a panel of experts from WorkSafe ACT, GIO, Russell Kennedy Lawyers and Konket will each give a short presentation base on their field of knowledge followed up an open question and answer discussion.

In this session Andrew Klein, Principal, Russell Kennedy Lawyers will provide an overview and refresher of the duties of organisations, managers and individual workers under the Work Health and Safety Act 2015 in the context of the construction industry. Andrew will then discuss, in practical terms, the critical issues that managers need to be aware of, and to ensure their workers are aware of, in responding to a serious incident occurring on a work-site, including: how to be proactive in preparing to respond, dealing with affected employees and best practice in dealing with regulators.

GIO will also be presenting a seminar on Workers Compensation.

Risk, Law and the Construction Practitioner “How risks are addressed in legislation and what this means for practicing engineers” Due to the success of this workshop in June we are holding it again. You will be provided with an appreciation and understanding of the risks and legal responsibility in design, documentation, inspection, certification and construction so essential for today’s practitioner in the building, construction and related industries.

CANBERRA BUILDING NEWS I EDITION 3-2015

21

VALE - MIKE RAFFETY 16 JUNE 1942 – 29 JUNE 2015 Mike Raffety was a most valued member and friend of the MBA and was the Chairperson of our Commercial Sector and member of the MBA Executive for almost 10 years.

Mike’s loss will be greatly felt by the local building and construction industry.

Mike held the position of Commercial Builders Council Chairperson from the mid 1980’s to the mid 1990’s and was also a member of the Master Builders Association of the ACT Executive and Peak Council during this time. He continued his association with the MBA and often gave of his time as a Commercial Sector judge for the MBA Excellence in Building Awards.

Mike began his construction career in Australia working for Leighton Contractors the 1970’s. He had engaged in several projects with Leightons that led to a posting in remote Indonesia for an Industrial project. A challenging project that was executed to ensure that all works could be rapidly completed and he and his family could return to Australia to take up the position of Leighton’s Canberra Building Manager.

In that time with Leighton Contractors he completed projects as the French Australian School at Telopea Park, Griffith Ex-servicemen’s Club, and the East German Embassy along with several others.

22

CANBERRA BUILDING NEWS I EDITION 3-2015

While finishing works at the Bruce Stadium Upgrade project, Mike put into action his dream of starting a new building business specialising in Project and Construction management.

Mike founded the company Integrated Construction Management Services (currently known as IQON) in 1984 and remained at the helm until his retirement in 2001.

In 1993 Integrated Construction Management Services won Project of the Year for the National Memorial to the Australian Vietnam Forces in Anzac Parade and in 2003 won Project of the Year for the Radford College Chapel, Forecourt and Reception Building in Bruce.

In 2002 ICMS received a commendation at the Master Builders Australia national awards for National Environment and Energy Building Efficiency – Commercial Projects valued under $10 million for the Wesley Uniting Church.

Mike was known as a great technical communicator he didn’t just say it….he did it.

The Executive and staff of the Master Builders Association of the ACT express sincere sympathy to Raffety family on the sad news of Mike’s passing.

INDUSTRY CALLS FOR GREATER OVERSIGHT OF NON-COMPLYING PRODUCTS The days when builders could trust that when building products arrive on site, they were suitable for the job at hand, are unfortunately behind us. The range of products now available; the interest of home owners to supply their own building products; and the increase in building products being imported to Australia, are all factors which have led to an increase in non-conforming products (NCPs) in the building industry.

A recent example of NCPs in Australia is Infinity electrical cable. The ACCC have launched an awareness campaign about the dangers posed by faulty electrical cabling products.

In August 2014, Infinity electrical cables were recalled by 18 electrical retailers and wholesalers due to safety concerns. In the ACT 162 kilometres of cable was installed between 2011 and 2013.

The incidence of NCPs in the building industry is more common than just electrical cable. According to industry surveys:

•

•

• •

where builders had come across an NCP, 81 per cent had obtained the NCP from a large building products retailer or from specialist construction industry suppliers in Australia; NCPs were most commonly found in plumbing and drainage products (22 per cent of cases), and in metal fixing and in electrical products (both at 18 per cent of cases: MBQ, 2014:1 and 3); 92 per cent of firms reported the presence of NCPs in their building supply chains; and, 45 per cent of firms reported lost revenue, reduced profits and/or lower employment levels as a result of NCPs (AIG 2014: 6)

(source: Master Builders Australia submission to the Senate Economics Reference Committee, August 2015).

To address the growing incidence of NCPs, the Senate Economics Reference Committee has initiated a public inquiry into the nature, incidence and impact of NCPs in the building supply chain. Recently, Master Builders Australia (in consultation with MBA ACT), made a submission to the committee.

The main recommendations in the Master Builders submission are: 1. Master Builders does not come to this inquiry merely to highlight the nature and extent of the problem of NCPs in the building supply chain.

2. Rather, while the submission recognises the nature and extent of the problem, our emphasis is on identifying practical, workable solutions. These include:

• • • • • • •

greater consumer and industry awareness; stronger consumer and industry decision-making; strengthening the existing Codemark Scheme; expanded oversight of Product Certification; enhanced confidential reporting; refocusing the ACCC and making the regulatory environment clearer; and, reducing variations to the National Construction Code.

3. While we discuss each of these solutions under separate sub-sections, they should not be regarded as mutually exclusive, and can (and indeed, should) be considered as complementary elements of a broader package of solutions to the NCP problem in the building supply chain.

4. At the same time, a key element in ensuring trust relationships are strengthened must be greater clarity and transparency in the roles and responsibilities of key players at different stages of the design and construction process.

5. In this context, there is a general responsibility for everyone in the building supply chain to make sure the products specified and brought to market comply with Australian regulatory requirements. Accordingly,

• • • •

architects, engineers and similar professionals need to be more disciplined in specifying designs and products; suppliers need to be more diligent in ensuring the products they provide/ sell conform with Australian regulations; building certifiers need to have greater authority to reject suspect design and/or products; and, builders and tradespeople need to be alert to the potential presence of NCPs in the building supply chain, practicing the golden rule of “if in doubt, check it out”.

Master Builders welcomes recognition by authorities of the seriousness that NCPs pose to the building industry, and for the safety of the community. It is vital that building products comply with Australian Standards and regulations regardless of their point of origin, so that trust can be restored.

Master Builders will continue to update members on this growing threat to our local industry.

MORE INFORMATION For more information about the Infinity cable recall visit www.accc.gov.au/update/infinity-cable-recall-act-nowbefore-its-too-late For consumer enquiries about rights and obligations please visit the ACT Office of Fair Trading web site - www.ors.act. gov.au/community/fair_trading To view a copy of the Master Builders Australia submission visit www.aph.gov.au/Parliamentary_Business/ Committees/Senate/Economics/Non-conforming_ products/Submissions

CANBERRA BUILDING NEWS I EDITION 3-2015

23

GOVERNMENT ADOPTING MASTER BUILDERS’ POLICY PAPER RECOMMENDATIONS IN THE LEAD UP TO THE NEXT ACT ELECTION IN OCTOBER 2016, MASTER BUILDERS ACT WANTED TO MAKE SURE ALL SIDES OF POLITICS WERE FULLY AWARE OF OUR PRIORITIES THAT WILL HELP CREATE THE CITY AND REGION WE ALL WANT. TO ACHIEVE THIS OUR POSITION WOULD BE CLEARLY ARTICULATED VIA A SUITE OF POLICY PAPERS. The subject of the policy papers were a straight forward reflection of member research conducted over previous years. They build on the feedback to questions asked about “What are the important issues impacting on your business?”

The topics of the five policy papers are: • • • • •

Procurement – released in May 2014 Land and Planning – released in July 2014 Education and Training – released in April 2015 Building Quality – released in May 2015 Safety – to be released in October 2015

During July 2015 two significant Government announcements were welcomed that directly relate to Master Builders ACT policy papers – Land and Planning, and Building Quality.

On 3 July Chief Minister Andrew Barr’s announcement that the ACT Government will establish a new Building Regulation Advisory Committee to ensure industry views are considered in proposed changes to regulations affecting the construction industry.

Building and construction industry is a key engine of growth in the ACT economy and a well targeted, efficient and effective regulation will deliver better quality outcomes and lower building costs, both important factors for the community. This is important to ensure the industry continues to deliver productivity, growth and jobs.

Master Builders ACT’s executive director Kirk Coningham said he hoped the committee would deliver a more cooperative approach to building regulation. “It saves the community a lot of angst across government, across industry and across consumers when you have sensible regulation that is addressed by industry before it is put in place,” Mr Coningham said. “We all get an opportunity to have a look and see what actually works from an industry perspective and have that input before government makes final decisions.”

24

CANBERRA BUILDING NEWS I EDITION 3-2015

Chief Minister Andrew Barr made the announcement of the new advisory committee at a Master Builders ACT President’s Luncheon attended by key stakeholders from the ACT building and construction sector. Mr Barr said the committee would help the ACT government work collaboratively with businesses to make sure laws and regulations did not restrict innovation or business development. It is expected to hold its first meeting later this year.

On 29 July at the Commencement of Construction ceremony for the Moncrieff Display Village, Minister for Planning, Mick Gentleman announced a review of the single residential code dealing with solar set-backs, within the Territory Plan introduced under Variation 306.

Master Builders ACT has been asking the ACT government to amend the contentious Variation 306 believing the immediate result would lead to higher building costs and poor building outcomes.

Minister Gentleman said when referring to the Moncrieff Display Village’s project objectives that the ACT Government’s aims were similar to that of Master Builders ACT, in promoting innovation in design, sustainability and liveable housing initiatives.

The Minister went on to say “I also understand that there is a wide variety of views on how to achieve these objectives therefore I have asked the environment and planning directorate to review the current solar access provisions in the territory plan” Minister Gentleman said, he was keen to capture the full range of views and ideas on solar access and has asked the environment and planning directorate to consult with industry, professional organisations and the community as part of that review.

“I also understand that there is a wide variety of views on how to achieve these objectives therefore I have asked the environment and planning directorate to review the current solar access provisions in the territory plan.” - Minister Gentleman MLA

The Master Builders Policy Paper can be viewed at www.mba.org.au/media_room/ submissions

WORK HEALTH & SAFETY AUDIT The Benefits The two key benefits of an audit are compliance testing and continuous improvement. Work Health and Safety (WHS) audits check whether work practices conform to the WHS Management System (compliance) and helps to identify system weaknesses (continuous improvement).

This enables an organisation to build a proactive safety culture, derive WHS Management System benefits and manage legal compliance risks.

WHS audits are also necessary in light of the dynamic nature of construction work practices and risks.

National Auditing Services (NAS) can provide various auditing and inspection services and has recently introduced electronic recording and reporting tools.

An overview of the various site inspection and audit services NAS provides is outlined below.

We would be happy to meet with you to discuss your inspection and audit needs and provide a demonstration of our ‘active assurance’ inspection and auditing tool, providing instant reporting on compliance and WHS performance to our valued clients.

Work Health & Safety Compliance Compliance/Verification audits

Test compliance with legal obligations and whether work practices follow the WHS plan policies and procedures (verification).

Management system WHS audit

Combination of validation and verification audits covering general WHS matters usually performed annually and should be conducted at both strategic and operational levels.

Audits on specific topics

e.g. High Risk Work, Hazardous Substances.

Plant technical audit

Review of all plant and processes conducted by specialists.

Site Technical audit

Covers all work of a specified type and conducted at predetermined intervals involving workers and specialists.

Validation audit

Focuses on WHS design (e.g. appropriate monitoring systems are in place).

Certifications

Internal or 2nd party audits

•

• • •

• • •

Safety – AS/NZ 4801, ISO 18001, SafetyMAP Advanced Environment (ISO 14001) Quality (ISO 9001) CCF

Using our audit tools Using your system audit tools Against Australian, Government, client or system standards/expectations

Government Prequalification Schemes • • •

ACT Pre-qualification Audits NSW Pre-qualification Audits FSC Audit Preparation and Support

Calll (02) 6239 7322 or 0410 855 827

www.audits.net.au

PLANNING MINISTER LAUNCHES MBA’S MONCRIEFF DISPLAY VILLAGE

Below: Planning Minister Mick Gentleman MLA, Meegan Fitzharris MLA (Member for Molonglo) and Kirk Coningham OAM turn the first sod.

On 29 July 2015, Planning Minister, Mick Gentleman MLA, turned the first sod at the Moncrieff Display Village, and construction started on the 12 lot village the next day.

Scheduled to open in March 2016 the village will showcase the latest living ideas from Master Builders ACT’s leading builders and designers.

Executive Director of MBA ACT, Kirk Coningham, said the village would provide consumers with a fun and rewarding hands on experience of the best in modern housing design and construction.

“The village is also a great example of what can be achieved when government and industry work in true partnership,” Mr Coningham said.

Referring to the Moncrieff Display Village’s project objectives, Minister Gentleman said the ACT Government’s aims were similar to that of Master Builders ACT, in promoting innovation in design, sustainability and liveable housing initiatives. “Key government strategic priorities for 2015/16 include economic growth, enhancing liveability, suburban renewal as well as promoting sustainability. This does demonstrate the building industry as represented by the MBA here today and the ACT Government are aiming at achieving similar objectives and aiming to achieve the same results.”

Moncrieff is being developed by the Land Development Agency and will include up to 2,200 dwellings, a Group Centre, community facilities, parks and playground areas.

This exciting new community will comprise a mixture of single residential, medium and high density multi-unit developments.

The Moncrieff Display Village offers a unique opportunity for suppliers, manufactures and professional services to join with our leading builders to provide the inspiration potential home owners are looking for. Dubbed the Preferred Partners Program we are delighted to welcome our first four partners - Riteway Curtains, Canberra Hire, Rivoland Tiles and Scyon Walls & Floors.

MONCRIEF F DI SP L AY V IL L AGE BUIL DER S ACHIEVE HOMES -------------------------------APA HOMES -------------------------------ELEVATED LIVING -------------------------------GJ GARDNER HOMES -------------------------------GRACIOUS LIVING CONSTRUCTIONS -------------------------------J & F HOMES CANBERRA BUILDING NEWS I EDITION 3-2015

MCDONALD JONES HOMES -------------------------------MBS HOUSING -------------------------------RAM CONSTRUCTIONS -------------------------------RAWSON HOMES -------------------------------RENAISSANCE HOMES -------------------------------SEKISUI HOUSE

Reverse Logos

Use the logo with the ACC tag where possible

If the ACC type is too small to be legible use version without it.

Use the walls only logo when referring to clad products only and the range reference to floor would be odd.

Supplying products for many MBA winning projects | Architects requests are welcome | Quality service Specialists in large & small format pavers:

CMYK / .eps

Facebook “f ” Logo

CMYK / .eps

Find us on Facebook.

• • • • • • • •

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

MBA SUPPLIER OF THE YEAR 2011

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

Capabilities  Construction Setout Surveys  Contour & Detail Surveys  Land Subdivisions  Unit & Strata Plans  Identification Surveys  Boundary Marking  NLA Sublease Plans  UAV Aerial Mapping  3D Digital Terrain Models  3D Scanning

Our Knowledge and Experience Results in Innovative Approaches and Successful Projects

Residential & Commercial

● (02) 62807243 ● info@4Dsurveying.com.au ● www.4Dsurveying.com.au

MATTHEW MEISEL-DENNIS BEGAN IN THE BUILDING AND CONSTRUCTION INDUSTRY AS A SCHOOL BASED APPRENTICE WITH MBA GROUP TRAINING. HE IS NOW WORKING TOWARD HIS CERTIFICATE IV IN BUILDING AND CONSTRUCTION. MBA Group Training Apprentices at the MBA Skills Centre in Fyshwick

FROM SCHOOL BASED APPRENTICESHIP THROUGH TO CERTIFICATE IV IN BUILDING & CONSTRUCTION Hi Matthew, Could you tell us how you got involved with MBA Group Training?

I first got involved with MBA Group Training when I was in year 11. My mum found the school based apprenticeship online and talked me into applying for it.

Could you talk about your experience as an ASBA student?

I knew in year 10 that I wanted to do a trade. So my mum was looking online and found the Master Builder’s ASBA program. It was great to learn a trade while I finished school. The program let me try a trade while I was still at school, instead of starting a trade once I finished school then realising it might not be for me. My dad also did his apprenticeship with the Master Builders as a brickie when he was younger. So he recommended them.

I really enjoyed my time as an ASBA student. I learned a lot of new things and made some new friends. MBA Group Training got me in with Bovis Lend Lease – who let me work with nearly every trade that was on the building site and some of the management of the projects. I got to work with some of the best foremen in the ACT. Can you expand on the progression you have gone through in terms of qualifications and workplace experience – From ASBA to Cert IV? My first and second year with Bovis Lend Lease, I worked on residential buildings. I also got to work with a stone mason for three months, and on some decks and pergolas.

As a third year, I worked on Anzac Park West on a large refit where I did a lot of defects. This is where I would go through and spot flaws – paint marks, dirty carpet, things missing, all before signoff.

28

CANBERRA BUILDING NEWS I EDITION 3-2015

After that I worked on the new building at 4 National Circuit.

I started with the excavation crew, then worked pouring the slab. I learned to read all different types of plans. Once the building topped-off, I finished my apprenticeships and was offered a leading hand role with Bovis Lend Lease. After that I was running up to 30 bricklayers and worked with them for 7 months.

“MBA Group Training got me in with Bovis Lend Lease – who let me work with nearly every trade that was on the building site and some of the management of the projects.” - MATTHEW MEISEL-DENNIS Then I took a couple of months off to travel. It was hard to get a job when I got back. I ended up working at Bunnings for a few months and then got a job at Communities@ Work as a maintenance officer. Communities@Work offered to help me started my Certificate IV in Building and Construction (Building).

I’m now working on special projects for Communities@ Work and hope to get my builder’s licence soon.

What are your plans for the future - industry wise.

I’m planning to start off doing some granny flats and see how that goes.

ra

W

e

ri

ion

Au

st

lia

id

st Di

t bu

SEEARS W O R KW E A R MSA AuthoriSed deAler

Master Builders 2010 Supplier of the Year Winner Canberra’s largest workwear outlet.

Your one stop workwear and safety shop.

Full range of: > Harnesses > First aid kits > Safety equipment > Protective clothing

> Corporate and trade uniforms > Wide range of protective gear > Workwear for all trades

Order now Trade and Master Builder member discounts apply

SEEARS

02 6280 4111

W O R KW E A R

www.seearsworkwear.com.au

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

CANBERRA BUILDING NEWS I EDITION 3-2015

MULTI-USE STRUCTURE HELPING TRAINERS AND APPRENTICES WORK BETTER

MBA GROUP TRAINING APPRENTICE TAKES ON THE WORLD - AND WINS

MBA GROUP TRAINING HAVE BUILT A NEW STRUCTURE IN THE TRAINING YARD AT THE MASTER BUILDERS SKILLS CENTRE IN FYSHWICK. THIS STRUCTURE WILL PROVIDE APPRENTICES WITH A VARIETY OF SKILLS, WHILST ALSO BEING MORE EFFICIENT IN THE USE OF MATERIALS.

Paul Bailey, a 41 year old 2nd year apprentice carpenter studies under Richard Flint at MBA Group Training and works for J & J Interiors.

In his spare time Paul is an instructor for a not for profit Taekwondo school in Barton.

MBA Group Training’s Malcolm Beer with the new structure, and inset, being put to good use with plastering and painting skills by a Year 10 school based class from the Kids Assist program.

Ways that the new structure will benefit MBA Group Training:

•

It also provides a more open plan working zone which is less cramped also allowing better interaction between apprentices and trainers.

•

The area has a replaceable stud wall design allowing MBA Group Training to re-purpose used materials in the walls.

When carpenters install baths it requires the notching out of studs, being able to flip studs and use them more than once allows the re-use of material from other training, which is more efficient and will save a great amount in material costs in the long term.

•

The new structure also helps the MBA Group Training become a more sustainable and environmentally friendly workplace.

•

The area will be used for the training of timber internal lining, fix- out, frame and fit wet areas, waterproofing training and school based plastering and painting.

•

It creates more efficient training methods, allowing trainers to focus on key skills.

On the 4th of July, Paul and three other representatives from Canberra helped form a tightly bonded team of eighteen for the 2015 Unified International Taekwondo World Championships in London.

The news from the UITF World Championships in London could hardly be better! The Australian Representative Team was announced as the Winning World Champion Team, bringing home 64 medals.

The Canberra contingent brought home ten medals in total.

Paul Bailey helping with the metal tally, bringing home three Gold medals of his own for the Veterans Male Team in Patterns, Power Breaking and Special Technique Divisions.

It doesn’t stop with London. Next year, (along with a chosen few from Australia) Paul will be heading to South Korea for promotion where he will test for his 4th Degree, which will see him become an International Instructor.

In August 2017, the U-ITF World Championships will be held in Argentina and he will be training hard again for selection for the Australian Team. This means travelling up and down the east coast competing in each state to accumulate points to help him secure a position on the Australian team.

Paul and the Canberra team are currently seeking minor or major sponsorship to assist with their journey to the next World Championships in 2017. If you would like to contribute or receive a sponsorship proposal please contact Paul via email. p.i.bailey@hotmail.com

Strong business foundations are built on quality insurance advice As the preferred broker of the Master Builders Association, let Austbrokers Canberra provide your business with specialist advice and local knowledge for all your insurance needs.

As a leading national insurance brokerage, with a base in the heart of Canberra, your business can benefit from the expert knowledge of our local team, as well as the national bargaining power Austbrokers Canberra offers.

Having helped MBA members for over 15 years, our brokers understand the needs of your industry. We also understand the importance of maintaining the right cover for the right price.

We can help you with:  Professional Indemnity Insurance

 Construction Insurance  Earthmoving, Quarrying, Plant and Machinery  Business Insurance  Workers Compensation (NSW & ACT)

 Commercial Motor Fleet  Public, Professional and Directors Liability  NSW Home Warranty

Talk to us today to ensure your needs are adequately covered.

P (02) 6140 8100 | www.austbrokerscanberra.com.au |

@AustbrokersCBR

Ausbrokers Canberra Pty Ltd. ABN 36 123 669 992 | AFS Licence No 476373

NEW TREND SHOWROOM NOW OUT NOW

Trend thermAL can help you achieve a 6-star energy rating in Canberra. See the full range at our new showroom. Look through our brand new Quantum Architectural Series brochure, too.

MADE FOR CANBERRA. Our new Trend showroom was planned from the start to give builders what they want in Canberra. To help you achieve a 6-star energy rating, Trend thermAL® offers one of the lowest heat transfer U-value ratings (2.1) at a much lower cost than comparable products. For bushfire country, Trend Xtreme® has been tested by the CSIRO to withstand temperatures up to 40KWm2 (BAL-40) of heat flux. Trend SoundMizer® lets you specify glazing options to minimise sound transmission.

We can tell you about these and all the other Trend products – just ask when you call in to Trend at Hume.

Trend Windows & Doors: 74 Sheppard Street, Hume. Mon-Fri 8.30am-4.30pm CANBERRA BUILDING NEWS I EDITION 3-2015

TRD0066_MBA|Tibet

OPEN FOR BUSINESS AT HUME

THE FINISH YOU WANT. In June this year, Trend opened its brand new powder coating facility to give our windows and doors the highest quality finish in 17 different designer colours. Whatever your needs, the helpful staff at the new Trend showroom are on hand with advice, brochures and specifications and a no obligation quote. Please call in soon or go to trendwindows.com.au for more info on Trend.

Saturday 9am-12pm Ph: 6260 1266

25

YEA

CANBERRA BUILDING NEWS I EDITION 3-2015

EARS

Over 1,400 guests attended the Master Builders and Cbus Excellence in Building Awards this year.

CELEBRATING 25 YEARS AT THE INDUSTRY’S

Ni ght Nights OF

National Convention Centre, Canberra

The 25th Anniversary of the Master Builders and Cbus Excellence in Building Awards was celebrated on Friday 26 June at the National Convention Centre in Canberra.

The hall was transformed into a magical winter wonderland from giant snowflakes hung from the ceiling to white trees covered in snow and jewels.

The 2015 Master Builders & Cbus Excellence in Building Awards celebrated the incredible work completed in the past 12 months by Civil Contractors, Commercial and Residential builders, Subcontractor and Professional Consultants across the ACT and surrounding regions. The high calibre of this years awards was seen through both the winners of the evening and also the record number of Judges Commendations.

Canberra’s community is continually being shaped and moulded by the building industry, we could see this through the award winning projects including school and university buildings, road and suburb developments, restaurants and museums and the office and houses that will support the growth and development of the people living here.

As the National Awards approach, 27 of Canberra’s finalists will represent the industry and we wish all those the best of luck including; Select Structures, Construction Control, Built Pty Ltd, Hindmarsh Construction (Australia), Renaissance Homes and Eclipse Building Solutions to name a few.

For the past three years Cbus has been the principal partner in the awards. We thank them for their continued support to both the night and their contribution to Canberra and the region. Their contribution to the industry and the lives of people reaches right across Australia as one of this country’s leading industry superannuation funds.

Cbus and the Master Builders Association of the ACT congratulate all winners and finalists. Executive Director, Kirk Coningham’s clear message on the night was to celebrate success, but while celebrating with peers, friends and competitors to also think about potential partners. “There is no project, no matter how large, that is beyond the scope of our own home grown industry. The best results for our community are not always delivered through healthy competition.

Sometimes the bigger projects demand cooperation across our industry. We do excellence in all things – it’s time we also sought to deliver excellence in collaboration and partnerships”.

CANBERRA BUILDING NEWS I EDITION 3-2015

CANBERRA BUILDING NEWS I EDITION 3-2015

The Master Builders Fidelity Fund was established in 2002 to protect the interests of both consumers and builders in the ACT. For Builders, the Master Builders Fidelity Fund provides financial certainty as money held by the Fund remains in the ACT. It is securely invested and used for the betterment of the ACT builders and consumers and is therefore not subjected to the vagaries of international markets and events.

The Fidelity Fund issues Fidelity Certificates which provide consumer protection for owners of new homes and those making significant changes to homes. The Certificates protect the owner during construction and for up to six years from the date of practical completion.

Master Builders members receive reduced premium rates and we also offer special discounts for volume users of the Fidelity Fund. For more information contact the Master Builders Fidelity Fund.

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

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

PHONE

6175 9600

Your One Stop Concrete Shop

Pre-mix Concrete | Concrete Pumping | Steel Supplies | Concrete Supplies & Accessories

www.elvingroup.com.au

Mitchell Depot - 7 Cheney Pl Mitchell CANBERRA : Hume Depot - 15 Alderson St Hume BUILDING NEWS I EDITION 3-2015

Entertainment

Guests were treated to an amazing performance by legendary Australian rocker, Daryl Braithwaite and his band. A few songs during the night and a set after the awards got the crowd up and on their feet for a bit of dancing some good, some bad!

38

CANBERRA BUILDING NEWS I EDITION 3-2015

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

CONSTRUCTION CONTROL win second Project of the Year award in three years.

First female project manager to win project of the year Nadine O’Keeffe has a strong passion for working in the construction industry. Her excitement and enthusiasm is poured into every project and The Snow Centre for Studies in the Asian Century is a shining example of this.

“I was completely shocked and surprised when we won.

It was great to take the time to look back over everything that we had achieved and celebrate the outcome as a team.”

“Everyone is so extremely proud of the project. The whole team, from the designers and subcontractors to the school community and the Snow Foundation, are so happy to be part of something so impressive.”

Initially starting out as an Architect, Nadine has designed projects all over Canberra, Australia and overseas. 13 years ago she began her career with Construction Control and has worked on projects at the airport, retail and office fit-outs and new construction and at Canberra Girls’ Grammar School.

Nadine started developing the project at Canberra Grammar School, leading a team that worked very closely with the client. Several discussions with Principal Dr Justin Garrick led to a brief and vision that focused on a building that would enliven the school Foundation, had a focus on Asian studies and softened the transition between high school and university.

Nadine said “Involving the students and staff in the project enabled the school community to feel involved and connected to the project.”

“Things are always changing on site. Every day there are new experiences and challenges that occur. It was great to share this with the school and show them how a project like this comes together”.

As an inspiring example for women in the industry, Nadine has a firm belief in sharing her knowledge and teaching the next generation. “I think it’s important that there is more exposure for women in the industry. But I also think it is important that we pass on our knowledge to those who are starting out in the industry.”

Above: The Construction Control team receive their award on the night.

Main: The Snow Centre for Education in the Asian Century at Canberra Grammar

“It’s important that people asks questions, that they take the steps to understand the whole process. It’s an exciting industry to work in and there is a great energy.”

The Snow Centre for Studies in the Asian Century is a spectacular building and won Buildings $5-$20 million as well as Project of the Year.

CANBERRA BUILDING NEWS I EDITION 3-2015

39

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

A dream house for a dream team.

Starting in early 2010 Livi and Jennifer from Select Structure set out to build their dream home. Set at the foothills of the Tinderry Mountain range, Tutto Bene is a stunning example of sustainable design and a work of pure love.

where he broke 10 ribs, fractured his spine and suffered a collapsed lung spending several weeks in hospital recovering.

Tutto Bene was winner of House of the Year, Custom Built Home 250m2 - 350m2 and residential sustainable construction.

“After four and a half years of construction it is great to visually see our furniture and belongings in place, rather than imaging them.

“We had a good idea throughout the construction of how the house was going to feel, but we really think it has exceeded our expectations. Our house is a celebration every day. We literally share our love for it each day” says Jennifer.

With surroundings as beautiful as they are, Select Structure incorporated untouched areas of natural bush into the landscape design as well as being inspired by the natural bush for the external colour choice. “It was a given that we capture the view from all aspects of the house with plenty of glazing.”

The story of the house extends internationally with the doors of the house travelling all the way from Italy. The front door was knowingly, but secretly removed from the derelict military camp in 2009 when they were living in Livi’s dads house across the road from the camp in Bane, Trieste Italy. Several of the local village men, including Livi’s dad, Livi’s uncle, and the camp care-taker quietly and stealth-like wheeled the door home on an old homemade trolley. While Jennifer stood ‘guard’ to ensure no other village residence caught them.

However the journey to success was not all smooth sailing. In November 2011, Livi had a serious accident

40

CANBERRA BUILDING NEWS I EDITION 3-2015

“We are incredibly proud of our house and of each other and our achievements. It was a huge project. We worked as a team throughout, bouncing ideas off each other, not without some arguments, mind you. We both agreed that we would not move in until the house was 100% finished.

We kept to that agreement, and it was worth it.”

Our house is a celebration every day says Jennifer

Miele keeps your vision pure.

With clean lines and futuristic design, Miele appliances communicate your project’s commitment to combining beautiful design with a real commitment to sustainability.

Miele 3D CAD Model Library Miele has created an online library of files of the Miele product range for use in architectural drawings, renders and fly throughs. Accessible to your firm via www.mielebim.com.au Contact Miele’s specialist Project Division, a dedicated team of industry specialists, or call into any of our Miele Centers to view and discuss our impeccable fleet design range of ovens, rangehoods, microwave combi ovens, cooktops, plate warmers, steam ovens, coffee machines, dishwashers and refrigeration.

German engineered and tested to the equivalent of 20 years’ usage.

TRP MI 6091

Terms and Conditions apply. Visit www.miele20years.com.au

VIC 9765 7436 NSW 8977 4235 QLD 3632 2471 SA 8352 9532 WA 9286 7835 NZ 573 1269 www.miele-project-business.com.au CANBERRA BUILDING NEWS I EDITION 3-2015

41

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

BUILT awarded for their work at the Australian War Memorial. fitout of the space in preparation for the Centenary of the First World War” said Joe Tonkovic who also received Project Manager of the Year for this project.

“Working to six key stages allowed for us to work harmoniously with conservators working on the dioramas.”

The process involved thorough planning and care to ensure each of the treasures were displayed within a Gallery that possesses the highest quality for future generations to visit.

When you create a space that is going to be significant not only to the client that hired you but also to thousands of other people, it makes a project particularly rewarding.

For the team at Built, working at the Australian War Memorial was a truly rewarding experience.

“We delivered the project in two stages. Firstly completing sensitive heritage refurbishment work and secondly the

ECLIPESE BUILDING SOLUTIONS win subcontractor of the year

Eclipse Building Solutions is founded on experience, efficiency and service. Their team covers all building and carpentry needs, specialising in exterior facades and commercial fit outs. Eclipse works closely with their clients and is happy to offer expert advice on each project.

Servicing the entire Canberra Community and surrounds, Eclipse delivers work of excellence and completed projects on time and on budget. Licensed for all forms of construction, Eclipse is committed to the highest standards of workmanship and customer service.

42

CANBERRA BUILDING NEWS I EDITION 3-2015

“It takes a great deal of faith to hand over arguably the nation’s most iconic heritage listed building within which resides its ‘soul” - War Memorial Director, Dr Brendan Nelson “The emotional attachment of Australians to the Australian War Memorial is intense” says Director Brendan Nelson.

“Our confidence in Built was well placed. The company managed every aspect of the major primary works with unsurpassed professionalism”.

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

A surprise for TERRY RING, Professional of the Year Architects Ring and Associates have been designing homes and buildings for Canberra since 1991. They have extensive awards winning experience in complex residential and domestic projects as well as commercial projects and multi-unit developments.

The pursuit of design excellence is the principal aim of Architects Ring and Associates. This is achieved through responsive design, technical understanding and comprehensive project development, to ensure the competent resolution of difficult design problems.

“Site constraints and challenges are opportunities to develop and create innovative design solutions. Each client and each project is unique” says Terry.

“The award was unexpected and winning it brought back the great memories of 1997 when we won our first Master Builders Award. It was such an honour to win an award that highlighted my career and relationships I have developed with builders over the years” said Terry Ring.

Architects Ring and Associates’ designs aim to be function and cost efficient, maintaining excellent standards, in accordance with budget, time and quality expectations.

“The MBA has been really great for myself and my career.

Having projects recognised and displayed in magazines, has given our business great recognition and prestige”.

Professional of the Year

“It’s been a great pleasure being involved with the building industry over the last 24 years and I am very grateful to MBA for awarding me with the Prestigious award ”Professional of the Year” on their monumental 25th Anniversary.”

-Terry Ring 2/59 Wentworth Avenue Kingston ACT 2604 PO Box 3299 Manuka ACT 2603 Phone: 02 6239 7177 Fax: 02 6239 7100 Email: araa@araa.com.au Web: www.araa.com.au

MBA 2015 AWARD WINNERS:

P R O F E S S I O N A L O F T H E Y E A R - T E R RY R I N G

We would like to thank the builders, suppliers and clients for their ongoing support.

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

CHAPMAN BUILT renovation takes first place for remodelling under $150,000 Chapman Built is a family owned construction company specialising in residential construction of Canberra homes, including knock-down-rebuilds and extensions. Chapman Built is dedicated to providing the highest quality building services. The company comprises a father and son team, Peter and Luke Chapman. Peter and Luke have worked together to build the business into a recognised leader in the fields of knock-down-rebuild, extension and renovation of Canberra homes.

“We believe that building the relationship between client and builder during the project is as important as the build project itself. Chapman Built will always have a single point of contact for each project so that the client know who to call to discuss any part of the job. Regular and effective communication between the builder and the client is central to our process” says Luke.

result of redefining the space within to create a modern, light and spacious place to call home. Renovating the opening living space with a modern kitchen and laundry and improved access to the rear courtyard changed the space and the feel for the home owners.

“We love our ‘new home’ so much. Every day I wake up and head out into the kitchen I feel like I’m on holiday – it’s made a real difference to our enjoyment of our home and to our lifestyle. They turned our little, poky, dark house into a thing of beauty and everything was done to the highest standard” said owners Gina and Anthony.

“After all the stories we had heard in the past from friends about renovating, we were relieved and very pleasantly surprised at how much effort they put into reducing our inconvenience, and we were also very grateful for their reliability. When they said something would happen, it happened; when they said they’d be coming around, they did; when we called them, they called back; and when we had questions they answered them fully and knowledgeably.”

A major renovation project in Holder illustrated this strong relationship between client and builder as well as the

Providing excellence in residential extensions, renovations and custom built new homes in Canberra and surrounding regions.

WINNER 2015

Master Builders Remodelling less than $150,000

0408 681 941

chapmanbuilt.com.au 44

CANBERRA BUILDING NEWS I EDITION 3-2015

CRMB PTY LTD trading as Chapman Built ABN: 18145 503 386 ACT LIC: 2011 1321

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

GUIDELINE ACT celebrates another year of success with three wins subcontractors, suppliers, employees, government representatives and the community at large.

Established for over 25 years as part of the local community, Guideline ACT values strong long term relationships with its employees, clients, subcontractors and suppliers. The primary objective of Guideline ACT is to deliver projects to its clients that are to a high standard of quality, in the most cost effective manner, within time constraints at the same time recognising the need for good environmental planning, the effect on the community at large and the health and welfare of its employees.

Previously winning for Civil- WHS, Guideline ACT was awarded Civil – Bridgework for the Holden’s Creek Bridge and Underpass at chainage 14370 on John Gorton Drive as well as Civil- Hydraulics for the Bulk Water Offtake built for the Googong Township.

Guideline ACT is committed to the highest professional standards of quality, care and conduct and applies these standards in its relationships with clients, consultants,

BORAL a deserving winner of Supplier of the Year as they celebrate a milestone iconic projects including the National Portrait Gallery and the Australian Tax Office. Boral are also suppliers for Wayfarer, Canberra’s next tallest building and the bridges over the Molonglo river on the Majura Parkway project.

With the corporate values of excellence, integrity, collaboration and endurance Boral supplies and supports the Master Builders and its members.

Boral Construction Materials has been a valued member of Master Builders ACT for 45 years. Their support has been welcome, and continues, including sponsorship of the Excellence in Building Awards since the first one in 1991, 19 of the 25 years as naming rights sponsor.

Boral produces and distributes a broad range of construction materials and cement throughout Australia and these construction materials can be seen in many of the ACT’s

CANBERRA BUILDING NEWS I EDITION 3-2015

45

Industry’s Night of Nights - Celebrating 25 years 2015 Master Builders and Cbus Excellence in Building Awards

RELIABUILT Brings to life the architects home and office the shell of the duplex, the internal spaces were completely redesigned.

The architect for the project was the also the owner (who runs his architectural practice from home) subsequently, the finish quality had to be of the highest standard as it would be testament to both the architect’s design skills and the builder’s quality of work for all future clients.

The original building completely covered the full width of the block and nearly the entire site. Reliabuilt worked alongside the architect to transform the home, keeping

“While focus was placed on the entry of the house to create something different and special, the kitchen and stairs were seen as both the heart and central focus of the house internally, so a lot of time and care was taken to ensure these areas were things of function but also beauty” said the architect.

“the kitchen and stairs were seen as both the heart and central focus of the house”.

Precise plastering for people’s perception James Turrell was delighted to open the exhibition in Canberra, “I am very happy with the quality of the construction and how the exhibition turned out.”

The complex installations needed to be created so that a person viewing the work was unable to determine where the space begins or ends. This meant that the plastering had no corners or points of reference. The finish of the work had to be perfect and to a miniscule tolerance, from framing through to setting.

Canberra Commercial Contractors ACT specialise in contract building and fitout work including day labour, building maintenance, miscellaneous works and contracts, general carpentry and plasterworks. When the team set out to create the James Turrell art space at the National Gallery of Australia in just eight weeks, they were attempting a feat that had not been undertaken in Australia before.

46

CANBERRA BUILDING NEWS I EDITION 3-2015

Quality ACT & NSW licensed Builder Specialising in: • Custom Designs • Extensions & Remodelling • New Homes • Knockdown/Rebuild • Renovations • Outdoor Entertaining Areas

Not sure where to start?

Give Warrick a call to discuss your future project on 0410 697 709 ACT Licence No: 2008505 | NSW Licence No: 222482C | ACN: 130920900 | ABN: 99 849 437 307

WINNER 2010

HIA ACT/Southern NSW Region Renovation/Addition Project $350,000 to $450,000

MBA WINNER 2010 Home Remodelling more than $300,000

MBA MERIT 2011 Custom Built Homes $300,000 to $600,000

MBA WINNER 2015 Home Remodelling more than $450,000

You Can Reli On Us!

PO Box 495 Hall ACT 2618 P: 02 6230 9526 F: 02 6230 9528 M: 0410 697 709 E: reliabuilt@y7mail.com

Murray Armour’s father (centre) receives the award on Murray’s behalf. Pictured with MBA Group Training’s Wendy Tengstrom, Steve Monkhouse, Cathy Deschamps and MBA ACT Executive Director Kirk Coningham OAM

MBA GROUP TRAINING APPRENTICE AWARDED CONSTRUCTION INDUSTRY TRAINING COUNCIL’S GRADUATING APPRENTICE OF 2015 MBA Group Training Apprentice of the Year Murray Armour has received the award for CITC 2015 Outstanding Apprentice of the Year.

This award recognises the most outstanding apprentice in the Australian Capital Territory over the past twelve months.

Attended by more than 360 guests the event provides an opportunity to share industry successes and reward outstanding performances by local graduating construction industry apprentices. The event also highlights the significant role the construction industry plays in not only the local economy but also its contribution to youth and the general community.

The Master Builders congratulates Murray on this much deserved achievement.

Murray Armour receives the MBA Group Training Apprentice of the Year award at the 2015 Master Builders and Cbus Excellence in Building Awards in June.

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

48

CANBERRA BUILDING NEWS I EDITION 3-2015

RTO NO. 88163

Geoff Comfort

PROFESSIONAL PHOTOGRAPHY 2015 ACT AIPP Professional Photographer of the Year

Award winning photography for award winning builders www.geoffcomfort.com P 02 6286 1688

/

M 0411 268 146

/

E geoff@geoffcomfort.com

Geoff would like to congratulate all MBA Award winners and finalists

Supporting our community: ActewAGL recently provided the ‘Give Me Five for Kids’ foundation with $20,000

100 YEARS ON AND STILL POWERING AHEAD POLITICAL ICON KING O’MALLEY CHAMPIONED THE IDEA OF THE KINGSTON POWER STATION DECLARING ELECTRICITY SHOULD BE THE CHIEF ENERGY SOURCE FOR THE CITY. INITIALLY, IT WAS RECOMMENDED CANBERRA HAVE A POWER STATION AND DISTRIBUTION NETWORK SUITABLE FOR A CITY OF 25,000.

ON 2 JULY 1915 THE KINGSTON POWER STATION WAS FIRST SWITCHED ON. By 1922, the first electricity meter was installed and in 1924 the iconic Power Station whistle was installed to mark the division of the workday.

Yarralumla resident Alan Kelly said the whistle could be heard far and wide.

“The sound, well it wasn’t ear piercing or anything,” Mr Kelly said. “But gee whiz, it had plenty of volume in it. You could hear it all over bloody Canberra.”

As Canberra began to grow, so did we and in 1927 around 300 premises and 120 streetlights were supplied with power from the Kingston Power Station.

During the 1930s Canberra’s essential infrastructure was being built. Poles were raised by horse drawn pole raisers until 1938 while holes were sunk by hand. In 1938 a second electricity plant became operational at Burrinjuck.

By 1956 the Canberra electricity network supplied 9,327 domestic electricity customers and 1,964 commercial customers while the service workers made their way around to Canberra homes during the 1960s in the iconic Volkswagen Kombi vans.

50

CANBERRA BUILDING NEWS I EDITION 2-2015

On the 1 July 1963 the ACT Electricity Authority (ACTEA) was created as a corporate body and took ownership and control of the ACT’s electricity distribution network from the Department of the Interior.

In February 1969 Electricity House at 221 London Circuit was officially opened. ActewAGL employee Noelene Coulon, who’s been with the organisation for almost 50 years, recalled how differently some tasks were completed back then.

“When I was the filing clerk, I used the embossing machine,” she said. “It was a square metal plate which had a little ball on it with the alphabet and you would turn it to the letter you needed and press it down. When someone applied for power,

“The sound, well it wasn’t ear piercing or anything,” Mr Kelly said. “But gee whiz, it had plenty of volume in it. You could hear it all over bloody Canberra.”

Above from left to right: The horrific January 2003 bushfires proved the greatest challenge for the organisation, the historic Kingston Power Station, Service workers used to make their way to jobs in the iconic Volkswagen Kombi vans

you would use this plate to put their name on the bill and the address of where they were moving to.”

By 29 July 1980 full scale construction began on Canberra’s natural gas pipeline network. Natural gas replaced oil in heating large commercial and residential buildings.

On 1 July 1988 the ACT’s water supply and sewage services were amalgamated and ACTEA began trading as the ACT Electricity and Water Authority (ACTEW). And in 1989 the ACTEW board approved the construction of a new southern services centre at Tuggeranong, a northern services centre located at Mitchell and a corporate services centre in Fyshwick.

ActewAGL’s Metering, Servicing and Streets

Lighting Manager Stephen Mudford recalled the day the Mitchell depot opened with a slight hitch.

“We got told that we’re moving into the depot and so we moved in our trucks over the weekend,” he said. “We arrived at Mitchell on the Monday and we couldn’t get into the place, nobody’s card worked so we all got the day off.”

Perhaps the biggest structural change occurred on the 3 October 2000 when ACTEW Corporation formed a joint partnership with AGL Energy, creating Australia’s first multi utility to offer electricity, water, wastewater and natural gas in one organisation. The partnership was named ActewAGL. More success followed and in June 2002 ActewAGL became the first organisation in Australia to successfully install a two-piece 12.5 metre steel electricity pole by helicopter.

However, it was the horrific January 2003 bushfires that proved the greatest challenge for the organisation. Within nine days of the 2003 Canberra bushfires, less than 80 Canberra homes remained without services despite 960 poles being destroyed or severely damaged.

ActewAGL staff completed a year’s work in those nine days to restore essential services.

To support our community who were affected by the bushfires, ActewAGL and WIN TV hosted a Bushfire Recovery Appeal Telethon. $300,000 was raised during the telethon. ActewAGL donated an additional $250,000 to the Bushfire Recovery Appeal.

Today, ActewAGL retail supplies 195,571 domestic electricity and 134,637 domestic gas customers.

ActewAGL CEO Michael Costello concluded “I would like to set it on the path to another 100 years of success in serving the people of this city, as it has for the last 100.”

Participants receive training in Removal of Asbestos at MBA Group Training’s custom built facility in Fyshwick.

REMOVAL OF

ASBESTOS WITH MBA GROUP TRAINING

MBA Group Training, in partnership with Viable Training, offer Asbestos Removal Training at the Master Builders Skills Centre in Fyshwick. This training is required under the Work Health and Safety Regulations 2011 for any person that will be undertaking the removal of asbestos containing materials (ACMs) or renewal of an existing removalist licence. It is also important to remember that the ‘10m² rule’ in the ACT no longer exists after recent changes to the Building Regulations 2008.

CPCCDE3015A Remove friable asbestos

To meet demand for the newly announced ‘Mr Fluffy’ program and an increase in demand for the removal of non-friable asbestos the following three courses are currently being offered. These courses may also be beneficial for licensed builders who undertake work on residential sites to save time and costs in waiting for an appropriately licensed removalist.

CPCCBC4051A Supervise asbestos removal

CPCCDE3014A Remove non-friable asbestos Completion of this course provides participants with the knowledge and skills required to remove non-friable asbestos containing material (ACM). The course content includes preparing, containing and removing nonfriable ACM and knowledge of the decontamination and disposal requirements. The course content also covers new legislative requirements and the differences between ACT and NSW jurisdictions.

52

CANBERRA BUILDING NEWS I EDITION 3-2015

This course provides participants with the knowledge and skills required to remove friable asbestos containing material (ACM). The course content includes preparing, encapsulating and removing friable ACM and knowledge of what and how to complete compliance documentation in accordance with regulatory requirements. It provides knowledge of the legislated decontamination and disposal requirements in the ACT to participants.

This course provides participants with the knowledge and skills required to supervise the removal process for friable and non-friable asbestos containing material (ACM). The course expands on planning for and supervising the removal process, including preparing the work area and the work site, using safe and compliant removal practices, maintaining safety procedures and supervising the decontamination and removal processes as required under ACT legislation. ACT legislation requires that a supervisor be present during the removal process, it is also a prerequisite to have obtained the relevant asbestos removal qualification prior to undertaking this course.

For further information on booking dates and course information please contact Cecilee Miller on 6175 5957 or cmiller@mba.org.au T 02 6280 9119 F 02 6280 9118 E training@mba.org.au www.mba.org.au/training

RTO NO. 88163

call: 0455 544 380 PROGRAMME D R A W E R R E D R BUIL ASK ABOUT OU OFFER* N O % 5 2 O T P SU WITH DISCOUNT

• • • • • • ✓ ■

We Use Biflex Ultra Chemicals Ten Year Guarantee Professionally Applied At The Correct Rate To Australian Standard AS3660.1 Fully Insured Licensed For ACT & NSW Friendly, Professional Service Internal & External General Insect Spray Treatment $175 + GST

nstruction o C a r r e b n a C In 25 Years Complaint e n O t u o h it W y Industr

*Offer expires 1st October 2017

CANBERRA BUILDING NEWS I EDITION 3-2015

MASTER BUILDERS CANBERRA HOME BUILDING CARAVAN TOURISM 4WD AND CAMPING SHOW Master Builders ACT will this year be the presenting partner for the 2015 Canberra Home Building Caravan Tourism 4WD and Camping Show. Our involvement includes the opportunity for members to be a part of a nine stand section in the Budawang Pavilion at the show.

The Home Show is staged annually by the Royal National Capital Agricultural Society and is Canberra’s largest consumer trade show that attracts an average attendance of 23,000 visitors with a record 25,617 visitors attending in 2013. The Home Show features innovative products and services to the consumer. Over the past two years the visiting consumers of the Home Show have been asking for a greater number of home, building and renovation exhibits, services and products.

Master Builders ACT will be featured as presenting partner on the Home show website and social media run by the RNCAS. We will be given the opportunity to cross promote our message through the Home Show’s digital platforms and we receive logo and name recognition as presenting partner in TV advertisements on WIN TV and Prime Television. This year the 32 page glossy colour Show Guide will appear in the Canberra Weekly, in which we have eight pages to promote our involvement in the Show. The Show Guide will potentially reach over 100,000 of Canberra’s population. The Show Guide will be published as a feature in the Canberra Weekly on 15 October 2015 and extra copies will also be available at the gate during the show.

54

CANBERRA BUILDING NEWS I EDITION 3-2015

Stand Holders participating are;

• • • • • • • • •

Master Builders Association of the ACT Branco Boilers & Engineering MLK Building Group & Pink Diamond Landscapes Smith & Sons Renovations & Extensions TP Dynamics James Hardie Bluescope Lysaght Panel Home Concepts GJ Gardner Homes ACT

Established 1964

FIFTH EDITION

HUMAN RESOURCES MANUAL UPDATED The building and construction industry is extremely complex. Not only do employers need to contend with the complicated process of building and its numerous laws and regulations, but they are responsible for the day to day management of their employees.

The Manual is regularly updated, with recent changes to the template contracts and visa options.

Further information If members require further information about the Manual or would like to purchase a copy, please contact the Industrial Relations Department on (02) 6247 2099.

People management is a job in itself, and no employer can be fully prepared for every workplace relations issue that may arise. That’s why the Master Builders Association of the ACT has created this Human Resources Manual.

The Human Resources Manual provides employers in the building and construction industry with practical guidance about employment laws. The Manual includes information regarding: • • • • • • •

recruitment; induction; record keeping; discrimination and bullying in the workplace; dealing with unions; performance management and redundancy; and termination of employment.

r Employers fo ts fi e n e B l to increase orkforce and Financia more skilled w a p lo T. ve AC de e th to in is Employ an Australian Apprentice in the following certificate III trades in 2015 • Solid Plastering • Wall and Ceiling Lining

• Refrigeration and Air Conditioning

• Wall and Floor Tiling

• Painting and Decorating

• Roof Tiling

• Metal Fabrication -

• Bricklaying/Blocklaying

Light and Heavy

• Glass and Glazing For further information please call Michael Doyle—Industry Liaison Officer on 6262 5630 or email: mdoyle@trainingfund.com.au

entives Apprentices of providing inc for Australian The objective opportunities oviding the g in in tra d an Authority is pr t Training Fund the employmen ry ove st ab du e In th n io truct st apprentice in ing and Cons ploy a 1 year em The ACT Build ho w s er oy ing for empl following fund .* 15 20 in prenticeship* s trade t date of the ap

men the commence p* months af ter e re th apprenticeshi 00 ,0 • $2 months of the 12 r an st de fir un e 15 th 20 of er st De ce mb completion st Ja nu ary – 31 • $2 ,0 00 on encing from 1 ntices, co first year appre * Applicable to ng. ini Tra of t ac ACT Contr

mm

ali igenous Austr available for Ind g may also be a disabilit y. din th wi fun n al rso ion pe Addit and a ional vocation in a non-tradit

the Trainin nisation (GTO), . p Training Orga host employer ployer is a Grou the em d an the O ere GT Note: Wh d between the equally divide are s tive en inc

ans, women

g Fund Autho

rity

trainingfund.com.au

2015 PLATINUM SPONSOR

ANNUAL CHARITY GOLF DAY IN SUPPORT OF THE TARA COSTIGAN FOUNDATION MONDAY 16 NOVEMBER 2015, FEDERAL GOLF CLUB, RED HILL The purpose of the Tara Costigan Foundation is fundraising to provide victims with their own Tara’s Angels (personal case-workers) for a period of up to two years. By connecting and coordinating vital services, Tara’s Angels work with individuals and families to help them secure appropriate housing, financial stability, regain their confidence, courage, self-belief and independence. Tara’s Angels support victims to begin again, create safe homes and build new lives.

The format for the day will be four man Ambrose with a shot gun start at 7.30am and 12.30pm. The early starters will have egg and bacon rolls supplied between 6.30am and 7.30am. After the morning field finishes we have a BBQ lunch and presentation (the afternoon guests are also able to enjoy the BBQ lunch in the bar area). When the afternoon field finishes we will have a cocktail function, charity auction and presentation of trophies, Mega Raffle and wrapping up about 7.00pm.

Some of last year’s winners at the 2014 post golf function

www.

BINK PAVERS

.com.au

Fundraising activities – Charity Auction and Mega Raffle.

Contact Kalli at the MBA on ph: 6175 5997 for further information on how to help or to make a booking for players.

2015 GOLD SPONSORS

Bink Cement Products. Since 1961 40 Dacre st Mitchell A.C.T 62427033

www.

BINK PAVERS

.com.au

Bink Cement Products. Since 1961 40 Dacre st Mitchell A.C.T 62427033

www.

2015 DRINKS SPONSOR 56

CANBERRA BUILDING NEWS I EDITION 1-2015 3-2015

2015 BBQ SPONSOR

BINK PAVERS.com.au

2015 SUPPORTING SPONSOR Bink Cement Products. Since 1961 40 Dacre st Mitchell A.C.T 62427033

CUT AND PAST LOGOS

EVEN BIGGER BANG FOR BUCK WITH YOUR CALTEX STARCARD Take advantage of our exclusive deal with Caltex. Master Builders’ members can now save 3.5¢/ltr off unleaded fuel and 4¢/ltr off diesel fuel with their Caltex StarCard.

Further benefits include: •

Reduced paperwork with easy to read ATO approved invoices

•

Access to over 2,000 participating fuel outlets Australia-wide

•

More control over the purchases allowed on each card

•

Online tracking of vehicle spending and maintenance

•

PIN security and odometer reading on every card

•

Access to Caltex Customer Support Centre for lost/stolen cards

•

Option for roadside assistance

•

Direct debit payments and 51 days interest-free credit

CARDS START AT JUST $2.20 EACH PER MONTH. Apply today, call 08 6247 2099 or visit www.mba.org.au Caltex StarCard.

Perhaps the best trade tool you can own!

Shop fittings | flat pack kitchens | wardrobes | vanities Laundries | outdoor kitchens | office furniture ●

Custom made flat packs

●

Experienced kitchen designer

●

CAB master design system

●

Custom made joinery & installation

●

Quick turnaround on supply

1B, 15 Sheppard Street Hume ACT | P 6260 1339 | F 6260 1423CANBERRA | E act_bcs@bigpond.net.au BUILDING NEWS I EDITION 3-2015

NATIONAL UPDATE THE COMMUNITY LOOKS TO SENATE TO SUPPORT THE ABCC Communities will be the beneficiaries if the Senate decides to vote to reestablish the Australian Building and Construction Commission (ABCC) next week.

“The effect of the bill is to ask the building unions, particularly the CFMEU, to behave like normal people,” Wilhelm Harnisch CEO of Master Builders Australia said.

“Voting to restore the ABCC would single out such behaviour as unacceptable, and not unfairly single out a union. All that is being asked for is for building union officials to behave like normal people,” Wilhelm Harnisch said.

“What is unfair, is that communities miss out on more class rooms, more hospital beds, more childcare places because the CFMEU and its officials refuse to behave normally,” he said.

“The damaging evidence of intimidation and coercion presented to the Royal Commission into trade union governance and corruption shows that the building unions, particularly the CFMEU, are out of step with the community’s expectations about how union officials should behave,” he said.

“Master Builders calls on the Senate to stand behind their communities and champion their interests by supporting the Government’s bills to reestablish the ABCC,” Wilhelm Harnisch said.

“The CFMEU’s actions have been found to rob the community by making taxpayer funded projects more costly, resulting in less class-rooms, less hospital beds and less childcare places,” Wilhelm Harnisch said.

NON-RESIDENTIAL CONSTRUCTION BACK IN NEGATIVE TERRITORY

“The Senate must look beyond the industrial relations arguments being put by the building unions. The ABCC is about asking building unions to behave normally and in line with community expectations; it’s about improving workers’ rights and it’s about improving safety on building sites,” he said.

“The proper role of unions in advocating workers’ rights and safety is not contested, but building unions are not above the law and the community has a right to expect their elected representatives to act when building union behaviour causes the community to suffer,” Wilhelm Harnisch said.

58

A SNAPSHOT OF INDUSTRY NEWS FROM AROUND THE COUNTRY

Conditions in the commercial construction sector have fallen back into negative territory according to the latest Master Builders National Survey of Building and Construction.

“Despite earlier optimism, the latest survey shows that the anticipated recovery in commercial construction has failed to materialise,” Peter Jones, Chief Economist of Master Builders Australia said.

“In the June quarter the index measuring current conditions in the non-residential building sector fell to 46.1 which has reversed the confidence present in the December 2014 and March 2015 quarters,” he said.

“In no other industry are ordinary people, when going about their daily work, confronted by overt aggression, denigration and bullying that building union officials regard as legitimate tools of their trade,” he said.

“The index measuring expectations about future activity also dropped back for the second successive quarter as caution about the wider economy and fragile business confidence kept a lid on investment,” Peter Jones said.

“In no other industry are small business people routinely intimidated and coerced by the threatening behaviour of building union officials,” Wilhelm Harnisch said.

ACCIDENT MAKE UP PAY – IT’S BACK

“In no other industry are women subjected to building union aggression and abuse. Behaviour that is not tolerated in the home or any other workplace,” he said.

On 18 August 2015, a Fair Work Commission Full Bench handed down a decision which will re-introduce accident make-up pay into the modern building awards from 15

CANBERRA BUILDING NEWS I EDITION 3-2015

October 2015. Whilst Master Builders was successful in having accident make-up pay clauses in the On Site and Joinery Awards knocked out on 31 December 2014, this latest round of litigation re-inserts that entitlement and will provide workers with accident make up pay for 26 weeks.

Accident make up pay is the difference between the rate of pay earned if a worker had continued to perform the duties being performed immediately before the occurrence of a compensable injury and the sum of the amount of weekly compensation received by the worker under workers compensation. There will be further proceedings to settle the words of the new provision.

PRODUCTIVITY COMMISSION’S DRAFT REPORT ON WORKPLACE RELATIONS DOES NOT GO FAR ENOUGH As reported in the last CEO Update, on 4 August 2015, the Productivity Commission released its draft report on the Australian workplace relations framework. The draft report recommends a number of sensible changes to the current landscape, although it is likely that some of the recommendations will be controversial and the ACTU has already said that “the Productivity Commission Inquiry was called by the Abbott Government in order to cut penalty rates, the minimum wage and rights at work” a matter they confirmed on the release of the draft report.

The Australian Government intends to use the Productivity Commission’s report to develop its workplace relations policy to take to the next election so it will have political currency. The report has been labelled by many commentators as “sensible” or setting out what might be politically possible.

This element of the report reinforces Master Builders’ initial reaction: that in not calling for a radical overhaul of the general workplace system the draft report is out of step with the findings of its own report on the building and construction industry’s workplace relations in the Public Infrastructure inquiry.

The report’s pursuit of the “middle ground” shows the distance between what are mainstream workplace relations values that are generally adopted and the values that are applied in the building and construction industry.

That point will be emphasised in our submission on the draft report. The National Industrial Relations Advisory Committee will meet in Melbourne on 7 September 2015 in order to workshop Master Builders’ response.

HOUSE DESIGN COPYRIGHT UNDER THE SPOTLIGHT Recently the Supreme Court of Queensland made an order for extensive alterations to be made to an upmarket North Queensland property when it was held that the home had infringed upon the copyright of another property that had already been built in the same estate.

In Coles v Dormer & Ors [2015] QSC 224, the court was asked to consider whether a house in an exclusive subdivision of Port Douglas, had breached the copyright of another in the same neighbourhood after its owners claimed the house was a copy of their own home. The original property, designed by an architect and in conjunction with its original owners, was constructed with a number of unique design features and was sold to the claimant. Having missed out on purchasing the property, the under bidders of the sale then commissioned the same builder to construct a similar home within a few streets of the original property. When the claimant became aware that the home was under construction, he approached the original architect and paid him to obtain copyright of the plans of his home. The Court found that the second property had “extensive and significant points of replication and similarity” to that of the claimant and as a result of the work being protected by copyright owned by him, the defendants had infringed that copyright. The substantial reproduction was not only limited to the floorplan but also to the façade of the home. Finding in favour of the claimant, the Supreme Court then ordered for the second property to undergo significant alterations, including removing and replacing part of the roof, a number of windows and external stone features.

It should be noted that for a design to be protected by copyright, it does not need to be registered. Copyright is automatically generated upon creation of the works. The general rule is that the author or creator (in this case the architect) of the work is its owner, however; that ownership can be assigned by agreement (on this occasion to the claimant).

The case illustrates the dangers of using the designs of others without permission to do so. It also demonstrates that if the Court finds a home’s design has been copied, not only is it possible for a potential claimant to seek compensation, but that the Court can also order the works to be substantially altered at the cost of the person in breach of the copyright.

CANBERRA BUILDING NEWS I EDITION 3-2015

59

MBA GROUP TRAINING

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

MANUAL HANDLING Manual Handling injuries account for around 40% of all accident statistics in the workplace. In order to reduce injuries and workers compensation costs, it is essential to practise correct manual handling techniques. The aim of this training course is to provide participants with the knowledge and skills necessary to identify potential hazards, understand the associated risks and implement control measures to minimise their risks.

Content • • • •

Terminology Acute and Chronic Injuries Hazards and Risks Control Measures

BULLYING & HARASSMENT Workplace bullying is a serious matter that affects approximately two thirds of Australian Workers. Bullying in the workplace can lead to serious psychological and/ or physical health problems. This course aims to create awareness of the problems and their solutions.

Content • • • • •

Understanding the problem Work safety legislation Risk factors Reporting Responding to bullying

HEALTH & SAFETY REPRESENTATIVE TRAINING The introduction of the Work Health and Safety Act 2011 places a duty on all Persons Conducting Businesses or Undertakings (PCBUs), regardless of size, to develop a consultative arrangement on all matters that directly affect work safety. Part of this process includes the establishment of Health and Safety Representatives (HSRs) and Health and Safety Committees (HSCs).

Master Builders has developed an extensive and practical program to train Health and Safety Representatives for the building industry in compliance with the Act. This course is approved by the ACT Work Health and Safety Commissioner.

For more information about training opportunities contact MBA Group Training: T 02 6280 9119 F 02 6280 9118 E training@mba.org.au www.mba.org.au/training 60

CANBERRA BUILDING NEWS I EDITION 3-2015

RTO NO. 88163

CANBERRA BUILDING NEWS I EDITION 2-2015

MASTER BUILDERS

CORPO

RA

PARTNER

MA S T E R B U

ERS

TE

LD

I

DON’T PAY FULL PRICE

As a member of the MBA , Lennock VW helped Manteena’s staff save on their Lennock VW fleet

How much are you paying?

The staff from Manteena saved on their fleet of Amaroks by using their membership discount at Lennock VW. Are you getting the most out of your membership with the Master Builders?

Contact Hugo and the team at Lennock VW and find out what savings you can make.

Lennock Volkswagen 150 Melrose Drive, Phillip 17000028 Tel. 02 6282 2022 www.lennock.com.au

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

Lennock

Canberra

CANBERRA BUILDING NEWS I EDITION 3-2015

61

Valdis Luks Andrew Barr MLA Bob Winnel AM

BOARDROOM ST YLE

CLASSROOM STYLE

T E C H N O LO G Y

Master Builders ACT Chief Minister of the ACT Village Building Co.

Thursday 30 July Sponsored by RAM Living

Valdis Luks Natalie Howson

Anthony Obrien

T H E AT R E S T Y L E

Master Builders ACT Community Services Directorate RAM Living

Thursday 6 August Sponsored by Clayton Utz

Nigel Hadgkiss Jennifer Wyborn

Andy Crompton

Fair Work Building Commission Clayton Utz Master Builders ACT Wednesday 12 August Sponsored by Village Building Co.

David Nicol Bob Winnel AM Kathy Leigh Stephen Wise

Under Treasurer Village Building Co. ACT Head of Service Master Builders ACT Tuesday 18 August Sponsored by Village Building Co.

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 Canberra Outlet Centre 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.

Valdis Luks Alistair Coe MLA Jeremy Hanson MLA Bob Winnel AM

Master Builders ACT Deputy Leader of the Opposition Leader of the Opposition Village Building Co.

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

CANBERRA BUILDING NEWS EDITION 3 - 2011

Thursday 2 July Sponsored by Village Building Co.

MULTI-PURPOSE TRAINING & MEETING FACILITIES, TAILORED FOR YOU‌ AND NEAR YOU!

rekfix

complete plastering services

QualityAlwaysCounts DOMESTIC & COMMERCIAL New homes - Bulkheads - Partition walls - Suspended ceilings - Fire & accoustic

m 0422 146 051

rekfix.com.au

BUILDING AUSTRALIA Images: courtesy Gold Coast Tourism

Master Builders National Conference

®

Jupiters, Gold Coast,12-14 November 2015

Register Early and Save $200

The Master Builders biennial National Conference is heading to the Gold Coast in November, for what will undoubtedly be the industry event of the year once again. ‘Building Australia’ focuses on assisting members to make informed decisions to grow their business The lineup of high profile speakers includes Olympic Gold Medalist, Alisa Camplin OAM and Chris Richardson of Deloitte Access Economics. The site tour of the XXI Commonwealth Games Infrastructure offers a unique opportunity to inspect facilities currently under construction. The program includes a balance of business sessions and social activities — something for everyone!

Early Bird is now open. Save $200 on the standard rate by registering early! www.masterbuilders.com.au/Events/national-conference

PLATINUM SPONSOR

FYSHWICK

VISIT OUR NEW TILE SHOWROOM TILES | PAVERS | STONE | RETAINING WALLS

Amber FYSHWICK 8 Yallourn St FYSHWICK 64

CANBERRA BUILDING NEWS I EDITION 3-2015

Ph: 6280 6065

amberfyshwick.com.au