EDITION 7-2013 http://www.mba.org.au/ files/view/?id=594 MASTER BUILDERS EXECUTIVE COUNCIL President – Simon Butt Treasurer – Frank Porreca Chair, Commercial Builders’ Sector Council – Valdis Luks Chair, Suppliers and Subcontractors’ Sector Council – Grace Ferreira Chair, Residential Builders’ Sector Council – Frank Porreca Chair, Civil Contractors’ Sector Council – Andy Crompton Chair, Professional Consultants’ Sector Council – Hans Sommer MASTER BUILDERS MANAGEMENT TEAM Executive Director – John Miller Deputy Executive Director – Jerry Howard Director Industrial Relations – Mike Baldwin Senior Management Accountant – Louise MacCallum Senior Manager - Marketing & Membership Services – David Leitch Work Health and Safety Advisor – Philip Edwards MASTER BUILDERS GROUP TRAINING General Manager – Wendy Tengstrom
Interference with ActewAGL’s electrical infrastructure ActewAGL has released a statement informing the public that there has been an increase in the number of cases where ActewAGL's electricity network has been interfered with.
In the last six months, ActewAGL Distribution (“ActewAGL”) has identified a increased number of cases where electrical contractors, builders and/or demolition contractors have interfered with ActewAGL’s electricity network at residential installations. Examples of the types of interference include the following: • Isolation of service connections including removal of service fuses at the overhead point of attachment. • Breaking meter seals. • Removal and re-installation of metering equipment for meter box upgrades and replacements. • Removal of meters and service equipment. Section 124 of the Utilities Act 2000 makes it unlawful for a person to
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
interfere with our electricity network unless authorised to do so. Fines of up to 50 penalty units ($7,000 for an individual or $35,000 for a corporation), imprisonment for 6 months or both apply. If work is required to be undertaken on the electricity network an Application for service (RFS) must be submitted to us and an appointment made to have the work carried out. In some circumstances, prior to the submission of the Application for service, ActewAGL will be required to undertake site assessments to ascertain whether there are any safety or compliance implications with performing the work. ActewAGL will take action against any unauthorised person who interferes with its electricity network including, but not limited to, metering and service equipment.
For more information please call the Network Servicing Team on 6293 5749 between 8.30am and 4.00pm, Monday to Friday.
THE
HAMMER hits the nail on the head
WE NEED TO TAKE CARE OF OUR OWN Music has always been a constant vehicle carrying messages to people in every walk of life. If there is one group that has been on the receiving end of musical lyrics more than most it is politicians. Why wouldn’t they be – they very often need to hear messages in a variety of ways before the messages sink in or resonate. In paraphrasing a song of one of the world’s best known politically-oriented musicians, it’s hard not to tie up the title and lyrics with one of the local building and construction industry’s greatest pleas to government – “take care of your own”. It’s been increasingly happening at all levels of government – the view is that the grass is always greener on the other side especially when it comes to procurement. Well, it’s not! It’s as if there is some sort of cultural cringe factor associated with the word local. Ask the IT world. For years there’s been a wish to create our own Apple, our own Samsung, our own Nokia – something iconic and synonymous with the country. Nup, can’t do that, if it’s any good it must be IBM, HP, Unisys and the list goes on. So, to the first line of this song – “I been knocking on the door that holds the throne”. Kilometres of carpets and tons of tiles to the doors of political and bureaucratic
decision makers have been worn down by thousands of local business people trying, too often unsuccessfully, to get a gig in procurement. Far too frequently the business people haven’t succeeded, not because their product, their service, their work isn’t worthy, it’s simply there’s not enough belief held by many vested with the ability to decide to give them a chance. People go into business to succeed and because they believe. They set out in search of opportunity to make things better, not just for themselves but for others. Beyond the hackneyed lines of the unimaginative ideologues, tens of thousands of businesses have made families of their employees. Giving local businesses the opportunity to venture further down the road through procurement will help them grow those “families”. Locals need their local businesses to grow to get their own opportunities for employment, opportunities echoed in the song’s second line – “I been looking for the map to lead me home”. The global village concept is too convenient at times. It’s a backdrop to things like Free Trade Agreements and competition policy. Yes, transport, communication, and technology have brought the world closer but in many ways they have created gaps that are homogenising the world rather than nurturing the concept of local.
Local is the lifeblood of communities, big and small. If local is not at work, creating activity, providing opportunity, promoting knowledge growth and developing expertise then places just turn into dormitories where people are disincentivised and at the behest of others. Soon enough the community becomes cold and withdrawn and is found in the third line of the song – “I been stumbling on good hearts turned to stone”. It’s never too late! Government’s must realise this and immediately begin to do much more to give local businesses the opportunities to grow, to contribute, to innovate and importantly to provide – to provide employment, to provide expertise, to provide pride and community spirit, and yes, to even pay tax. Local businesses can’t do any of this when in their journey they run into the fourth line of this song which goes, “The road of good intentions has gone dry as a bone.” The lyrics are from a person known as The Boss¸ Bruce Springsteen. This boss understands the importance of local, what is needed to support the community. The song is We Take Care of Our Own and the consequences for not doing just that is that the whole community will get hammered.
Registration of Engineers in the ACT One of the key recommendations outlined in the ACT Government’s 2012 Construction Safety report “Getting Home Safely” released in November 2012 pertained to the registration of engineers. The report recommended that the ACT Government advocate for a national registration scheme, but also encouraged the implementation of its own scheme by 30 June 2014.
As way of an update, Engineers Australia, the national forum for the advancement of engineering, held an Industry Briefing last month. The invited presenters were Mark McCabe, ACT Work Safety Commissioner and co-author of “Getting Home Safely” and Craig Simmons, Directorate of Environmental and Sustainable Development. Both presenters reiterated the need to review many aspects of the construction industry based on historical and comparative poor safety performance. They acknowledged that the reasons for this performance were complex and a change in safety culture requires ongoing attention. Mr Simmons indicated that the ACT Government is currently scoping possible approaches to meet the Recommendation from the Construction Safety Report for the registration of engineers. It is envisaged that a White Paper and consultation process would be provided imminently.
To be eligible for registration in Queensland, engineers with the equivalent to an Australian accredited four year bachelor degree are required to undergo an assessment of their competence to practice independently (Stage 2 Competency). Engineers Australia is the major provider of assessment on this basis and engineers undergoing this assessment can elect for credential of Chartered Engineer. The National Engineering Registration Board (NERB), a body representative of engineering bodies including APESMA, Consult Australia, Engineers Australia and the Institute of Public Works Engineers of Australia, also currently holds a national register of Chartered Engineers at all occupational categories recognised by Engineers Australia. It is hoped that strong consideration will be given to the utilisation of the National Professional Engineers Register (NPER) currently administered by NERB.
Mr Simmons outlined that he saw four main areas in any proposed process. These were related to documentation; supervision; skills; and competence. For engineers, this would mean something similar to the Register of Professional Engineers Queensland (RPEQ) held by the Queensland Government.
The full “Getting Home Safely” report can be accessed at http://www.worksafe.act.gov.au/ page/view/3318#Final%20Report
For more information about Engineers Australia competency assessment process, visit the eChartered website at: www.engineersaustralia.org.au/eChartered
Critical timeframes under the Security of Payment legislation. Avoiding an unhappy New Year Christmas is coming! But, before you dance on the tables at the office Christmas party, shut the doors and head down to the coast for the festive season, make sure you have systems in place to deal with payment claims received at the 11th hour or, even worse, those payment claims received when you have already left. There are better ways to start 2014 than facing a high value payment claim under the Building and Construction Industry (Security of Payment) Act 2009 (ACT) (the “Act”) that you have missed during the shutdown period. As an early Christmas present to you, this eBrief provides a timely reminder about the timeframes and limitation periods under the Act so that you can put systems in place to avoid unpleasant New Year’s surprises.
Why is this important to me right now?
What about defect rectification work?
The Act allows claimants to issue payment claims for construction work or related goods and services. It imposes strict timeframes for responding to those claims. It you do not intend to pay the claim in full (or at all), failing to respond within time excludes your right to respond to a claim on its merits, allows your subcontractor to stop work, and can even result in a judgment being entered against you. For claimants, not issuing a claim within time could mean that you cannot pursue a claim using the Act.
In a recent Queensland case the claimant argued that a payment claim could be made within 12 months from the end of the defects liability period. The argument was that the claim was for (amongst other things) return of retention monies and included a component for the defect rectification work. The Queensland Supreme Court rejected that argument. The maximum limit on issuing a payment claim is therefore 12 months from the date the works reach practical completion, provided always that the payment claim includes a claim for some work completed within the previous 12 months.
This eBrief sets out the relevant timeframes with reference to the ACT legislation, though similar provisions exist in the other States and Territories, with slightly different timeframes. When can a payment claim be issued under the Act? You can only issue one payment claim on and from each “reference date”, which is either: •
the date set out in your contract (for example, the 15th of the month) for making contractual progress claims; or
•
if the contract doesn’t specify a date, the last day of each month.
If you issue multiple payment claims for one reference date, the payment claim is void. This is why it is sometimes better not to make every invoice a payment claim unless you are regimented about when the invoices are issued and all your contracts have matching reference dates. Otherwise, you may accidentally issue two claims within the same reference period resulting in the second one not being valid under the Act. You can continue issuing payment claims on and from each reference date even after the date for the final claim under the contract, and even for work claimed previously, however a payment claim must include a claim for some work completed within the last 12 months.
How long do I have to respond to a payment claim? If you intend to pay the claim in full you need only certify and pay the claim according to your contract. If you intend to dispute the payment claim, you only have 10 business days from the day you receive it to respond with a payment schedule (a written document setting out why you are not intending to pay the full amount), unless your contract specifies a shorter period. In the Act, this timeframe: •
Does not include the day you received the payment claim.
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Does not include Saturday, Sunday or ACT public holidays.
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Does not include 27, 28, 29, 30 or 31 December.
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Does include the remainder of any “shut down period”, even if the contract says you do not have to respond to claims during that time.
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Arguably (though the courts have not determined it definitively) means that your payment schedule needs to be issued within business hours (i.e. by 5.00pm) on the 10th business day.
If you do not give a payment schedule in time, the full amount of the payment claim is due and payable. If you give a payment schedule that says you will pay some amount (the “scheduled amount”) this amount must be paid. The time for payment is either the time set out in your contract or, if the contract is silent, 10 business days after you receive the payment claim. If you do not pay on time the claimant can either: (a) go to adjudication or (b) sue you in court. If it sues you and you have not provided a payment schedule within time, you will only be able to defend the claim on very limited grounds, excluding arguments about the work being defective, already claimed for or not within scope. The claimant can also serve notice of an intention to suspend work. A suspension can start 2 business days after this notice is served, and will end 3 business days after the outstanding payment is received.
extensions apply and do not take enforcement steps until the modified 10 day period has expired. Want to know more? Our Building and Construction Dispute Resolution Team can provide straightforward advice on strategies for getting paid, responding to payment claims, or preparing adjudication applications or responses.
What should I do to avoid missing claims?
For more information or assistance, please contact:
Respondents: make sure that if your shut down period exceeds the dates listed above, your office and any email accounts used by the business are manned so that you do not miss a claim served during the shutdown. Do not assume that your time for responding to claims served in the lead up to Christmas can wait until you come back from leave.
Alisa Taylor Building and Construction Dispute Resolution | Senior Associate (02) 6279 4388 | alisa.taylor@meyervandenberg.com.au
Claimants: ensure that any payment claims issued under the Act are issued on and from a reference date so that they are valid. If you are intending to issue claims close to the shutdown period, note
Kimberly Moore Building and Construction Dispute Resolution | Senior Lawyer (02) 6279 4339 | kimberly.moore@meyervandenberg.com.au
FWBC - Your national workplace relations regulator Fair Work Building & Construction (FWBC) is the national workplace relations regulator for the building and construction industry.
However, FWBC does not only provide advice. It has teams of inspectors and lawyers in every State capital which can investigate and prosecute breaches of the law to the fullest extent.
Nigel Hadgkiss is the newly appointed director of FWBC. Nigel has a long history dealing with workplace regulation in the building and construction industry. Before taking up his current role with FWBC, he was previously the Director of Construction Code Compliance at the Victorian Department of Treasury and Finance. He was also previously the Deputy Commissioner of the Australian Building and Construction Commission (ABCC) and Director of the Building Industry Taskforce.
These matters include: • unlawful industrial action; • coercion; • right of entry; • freedom of association; and • discrimination.
Mr Hadgkiss has signalled a renewed focus for FWBC on stamping out unlawful, intimidating and coercive behaviour on Australian building sites.
You can call the FWBC hotline on 1800 003 338 anonymously to report incidents that have happened on site, or just to seek some advice and assistance. Anything you report will be treated in confidence.
If you have any questions about your workplace rights and responsibilities, then you can call FWBC on 1800 003 338 to get advice. Some of the areas they can provide assistance on are: •
what to do if employees walk off site because of an industrial dispute;
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rules about union representatives having right of entry to your site;
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you and your employees right to join, or not to join, a union;
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rules governing the negotiation of Enterprise Agreements;
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rights and responsibilities in relation to safety complaints; and
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independent contractor rights and responsibilities.
For further information, to seek advice, or make a complaint, please contact FWBC or make an appointment to drop into one of their offices (see www.fwbc.gov.au).
Cupolex® - the structural dome CUPOLEX® is a patented structural dome concrete slab system made from recycled non-toxic Polypropylene. Each dome easily inter-connects to create a self supporting structure acting as permanent form work, as an alternative to Waffle slab polystyrene and/or hard fill in your concrete slab. Not only does CUPOLEX® provide an absolute barrier and reduces potential for rising damp with no capillary action possible, but it also is cost effective.
The following is in broad terms the methodology of placement of a CUPOLEX® foundation. These instructions are by no means exhaustive and onsite training is required. The site cut is completed to the required height. The drainlayer has installed the underfloor services and backfilled and compacted their trenches. A blinding layer of sand or crushable rock is spread extending ideally 2 metres past the building envelope. This blinding layer is levelled with a laser and then compacted. The perimeter formwork can then be erected.
Where plumbing penetrations occur using a hole saw oversized for the pipe measure the location and cut the dome and fit over the pipe sealing the gap with tape. Once all the domes as placed as per the plan work your way around the domes and insert beton stops making sure to maintain at least a 300mm beam or more as your plan dictates. Once all the beton stops are blocking all open holes on the domes you are ready for any reinforcing steel and mesh to be installed. Once this is done you are ready to pour making sure to vibrate the concrete into the legs and beams. Concrete is poured over the interlocking modular dome forms to build a floating or structural concrete slab. The below slab void that results, minimizes concrete contact with the soil, while providing a capillary barrier against moisture. The Cupolex® cutting edge concrete slab solution provides major advantages over a standard slab on grade:
Waste: No more of these scenes when using the Cupolex® Structural Dome
From the CUPOLEX® plan (which you will have received from the structural engineer) the first dome is placed taking care to get the orientation arrow on top of the dome in the correct direction as on the plan. There will be set out measurements from the form work for the first dome. From the starting dome work from left to right as if reading the lines on a page keeping all the arrows facing in the same direction.
Provides an excellent moisture barrier under slab with a void that can be vented in soil with high water content or salinity. Rising damp cannot occur up through the concrete slab, thereby protecting the structure from mould, water damage and improving internal air quality. Moisture cannot wick through the slab therefore enabling the foundation to stay dry underneath and on top. The concrete slab is thereby eliminated as a possible source of moisture transference to under flooring overlays and prevents damage to expensive architectural flooring finishes, floor tiles or carpets.
By venting the under slab void space CUPOLEX® will help control Vapour intrusion, internal humidity levels, and internal temperature ranges which a standard Slab On Grade cannot control. Replaces fill or gravel which normally is needed to bring the foundation to the finished grade height and eliminates the expense importing, compacting and certifying engineered fill. Risk is thereby mitigated for post construction settlement of the underlying sub-base. CUPOLEX® foundations can achieve longer spans in pile/beam structural foundation designs than with standard Slab On Grade design. By using the CUPOLEX® system, Designers and Architects are assisted in delivering sustainable features and benefits that contribute to GREEN and LEED certified building. CUPOLEX® foundations enable maximum control of concrete curing. This reduces the effect of slab curling and shrinkage cracks while providing a higher quality finished surface. The CUPOLEX® concrete foundation systems under-slab void is ideal for running cables and pipes post construction. For more information visit: www.cuploex.com.au
Government gets tough on breaches in the construction industry Legislation has been introduced in the ACT Legislative Assembly establishing a range of tough new offences and penalties under the ACT Building Act, including imprisonment for some offences. The ACT Government recently proposed to tighten laws around offences for Building Act breaches and rectification orders, including harsher penalties for individuals and companies who fail to comply, Minister for the Environment and Sustainable Development, Simon Corbell, has announced.
Construction of A2AC Waste cell at Mugga Lane ACT NOWaste is seeking interest from ACT Government pre-qualified contractors with financial capacity of F10 and over for the construction of A2AC Waste cell construction at Mugga Lane Resource Management Centre at Jerrabomberra. The approximate value is over $7.5 million +GST. The scope includes for the supply, delivery, construction, testing reporting of “Work as executed” and quality assurance information and commissioning of the works:
The Bill introduced on 28 November 2013 is the second to be introduced into the Legislative Assembly relating to the review of the Building Act in response to the ‘Building Quality in the ACT’ report.
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Site preparation including removal and demolition of buildings and infrastructure to be nominated by ACT NOWaste,
“It is important that offences and penalties reflect the potential consequences of failing to comply with the construction laws,” Mr Corbell said.
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Clearing and grubbing,
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Earthworks and rock excavation,
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Construction of stormwater management system external to the footprint of the landfill liner in A2AC, including open channel diversion drain and retention ponds located on the slopes and invert of the valley to the north and east of A2AC,
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Subgrade preparation for land fill liner construction including excavation to the grades and levels of the subgrade drainage system and cut-off trench,
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Construction of gas construction collection pipe trenches on the slope of the Old Landfill Cell,
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Installation of primary Leachate Collection Pipe (sub-surface pipes) and connection to the existing V-notch Leachate Transfer Pipe,
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Construction of the A2AC Cell Liner system including piggy back and conventional composite liners (LLDPE, GCL, geogrid, composite drain, geofabric), construction of anchor trenches and connections to existing adjacent liners,
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Construction of a leachate collection system including leachate drainage aggregate, pipes, pipe sleeves and pipe penetration, and piping and associated works to transfer leachate from the southeast edge of the A2AC works to the discharge point at the site leachate ponds.
The Bill includes changes to the maximum penalty for intentionally failing to comply with a rectification order, which increases from 200 penalty units to 2,000 penalty units or $280,000 for individuals and up to $1.4 million for corporations. “Some new maximum penalties will include a term of imprisonment which, when considering the consequences of defective building work can include injury or death, is entirely appropriate,” Mr Corbell said. The Bill will introduce new offences and penalties for: •
contravening regulations for building work involving asbestos
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failing to comply with the building code
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failing to comply with the requirements for carrying out building work, and
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intentionally failing to comply with a rectification order.
“This Bill expands on reforms passed in the Legislative Assembly in August this year and highlights the Government’s commitment to weeding out poor practices in our construction industry,” Mr Corbell said. MBA Deputy Executive Director, Jerry Howard says the proposed legislation is another example of the ACT Government's recourse in pursuing punitive action rather than engaging with industry in establishing a culture of co-operative compliance. Mr Howard also said that hopefully common sense will prevail and this legislation will be thoroughly scrutinised before the ACT Legislative Assembly. The Master Builders ACT also believes that certification and licensing of builders requires a thorough review by the ACT Government. The MBA has already made representations to the government about improvements that must be made to the certification and licensing process.
The tender is available at Shared Services Procurement: http://www.procurement.act.gov. au/tenders/open_tenders
Master Builders ACT Budget Submission Master Builders ACT has lodged its submission with the ACT Government for the 2014-15 ACT Budget to be brought down in May, urging the Government to provide funds in the Budget for matters vital to the building industry.
The submission urges the Government to act firmly in the Budget against constraints on the building industry and to support the creation of a Building Regulatory Advisory Committee. The submission urges the ACT Government to urgently agree to and include funding in the 2014-15 Budget for a Building Industry Advisory Committee. It proposed that, “All new building and construction industry regulations would be required to be considered and approved by the Regulatory Advisory Committee before being gazetted and any existing building industry regulation should be capable of being referred to the committee by a representative industry organisation.” Other major recommendations of the submission were that the Government include in the Budget: •
Abolition or suspension of all commencement and completion charges.
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Abolition or suspension of the Lease Variation Charge. It said that “At the very least, the ACT Government needs to introduce a temporary moratorium on the use of the Lease Variation Charge to provide a stimulus to commercial building activity during the current period of uncertainty in the ACT.
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An injection of funds to ACTPLA earmarked for the upgrading and proving of reliability of ACTPLA’s eLodgment/ eDevelopment online system. A comprehensive review of private building certification and
licensing of builders to streamline the present system, setting appropriate rules and guidelines for private certifiers and builders. The submission said the ACT economy, and the building and construction sector in particular, “face a challenging time." On the general state of the industry it said, “The housing and construction sector in Canberra has performed satisfactorily over the last year, although there are also some worrying signs which are of concern to the building and construction industry and should be of concern to the Government, particularly recent falls in private investment in the ACT. “Escalating uncertainty, especially about the impact of Federal Government decisions on the ACT economy and fragile ACT business and consumer confidence requires some pro-active decision making by the ACT Government to ensure there is not a downturn in the building and construction industry, which will have significant negative knock-on effects on the rest of the ACT economy." It urges the Government to use the 201415 Budget to provide additional stimulus to the building and construction sector “and funds which will allow a constructive improvement in the building development and approvals process which is increasing costs and reducing the efficiency which is necessary if ACT builders are to play their part in the territory’s economy in the expected challenging period ahead." The submission directed the Government’s attention to the recent survey by Master Builders ACT of its members which had found that 61.4 per cent (54 builders) had
projects which are currently being held up or constrained by ACT Government policy, planning delays and/or by costs. Other specific actions for the ACT Budget proposed by the submission included: •
That the Government to commit to a land development target of 1/3 Land Development Authority, 1/3 private sector and 1/3 joint venture. If the Government decides not to continue with joint venture land development then the target should be 50 per cent LDA and 50 per cent private sector.
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That the ACT Government set a medium-term target for capital works growth in the ACT Budget and a target for the proportion of total ACT Government Budget and off-Budget expenditure to be accounted for by capital expenditure, and that the Government report against these target at least twice a year in the ACT Annual Budget and Mid-Year Budget Update.
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That the ACT Government through Procurement Solutions and in consultation with ACT business and industry develop appropriate guidelines for evaluation of competitive tenders taking account of the often unfair advantages which non-local ACT businesses may have in bidding on ACT projects including cost benefits which companies have a result of lower costs in other jurisdictions.
Internal wet area water proofing FAILURES A previous seminar on wet area waterproofing held by the MBA, highlighted a number of concerns specifically related to the design and construction of wet areas within residential buildings. A number of the participants at the seminar discussed projects where they were called in to do alteration and remedial works where the previous waterproofing system had failed, or improper practices were used during the application of the waterproofing and following works undertaken by other trade contractors. One tiler/waterproofer with whom I had discussions, said that he is very selective of the builders he undertakes work with and has often been asked to do less than he thought was necessary in terms of waterproofing. This is a very disappointing comment, given that the input costs associated with getting waterproofing right, as opposed to the remedial costs for not getting it right, are totally disproportional. In previous editorials we have highlighted problems associated with external waterproofing. Our own research would suggest that some of our members do not understand the requirements of AS3740 2010 Wet Area Waterproofing. In assisting our members and contractors to gain a better understanding of waterproofing, we deliver a Certificate III in Construction Waterproofing over four days. Contact MBA Group Training for future course dates on 02 6280 9119. We have included photographic evidence (pictured on right) of examples of non-compliance with the National Construction Code Volume 2 and AS3740. Builders may not be aware of the consequences of water from wet areas seeping into adjoining rooms. We have seen examples where such moisture ingress has not become apparent due to furniture or fixtures in the adjoining rooms which cover the damaged areas. Unfortunately, unbeknown to the occupants, mould has formed and this can have severe health consequences for the occupants of the building.
Door Jamb and architrave to terminate 2mm above the finished foor tile
Fig 1.1 For whole wet area floor waterproofing. Recessed slab or recessed timber floor. Note: Angle water stop not required if tiling is continuous as wet area substrate and framing has been protected from moisture ingress below the floor finished level.
Fair Work changes announced plus Productivity Commission inquiry Federal Employment Minister Eric Abetz has announced the Government will be changing the Fair Work laws and “restoring the balance back to the sensible centre”.
He said changes to industrial relations which the Government planned to legislate in the short term were: •
re-establishing the Australian Building and Construction Commission;
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providing better protection for members of registered organisations;
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making sure that union right-of-entry provisions are “sensible and fair”; and
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giving underpaid workers a better deal.
A number of other industrial relations matters have been referred to the Productivity Commission for review, which could mean that any moves would wait until a second term of the Coalition Government. Master Builders Australia welcomed the Government’s plans to reestablish the ABCC. Senator Abetz said there had been “a significant deterioration in the culture of the building and construction industry since the abolition of the ABCC by the previous Government. “When the ABCC previously existed, the performance of the building and construction sector improved dramatically. The results speak for themselves: •
industry productivity up by 9.4 per cent
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Australian consumers better off by around $7.5 billion per year, and
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fewer days lost through industrial action.
Senator Abetz said the Productivity Commission will review the Fair Work Act. “We believe that those laws should provide a strong and enforceable safety net for workers while also helping businesses to expand, create new jobs and deliver higher sustainable real-wage growth." he said. “We’ll also be tasking the Productivity Commission to carry out a thorough examination of the Fair Work laws,” the minister said. Draft terms of reference for the PC inquiry are currently being finalised and would be released by March. Senator Abetz said: “We do not underestimate the huge task of growing employment opportunities in Australia and will continue to work methodically and diligently to create an environment for strong employment growth for both its social and economic benefits. “We want to remove impediments to genuine employment growth to help achieve our commitment of generating one million new jobs over the next five years and two million jobs over the next decade. “In a competitive world, standing still is simply not an option. That’s why we must take the decisive action to boost productivity growth and encourage world’s best practice to modernise and transform Australia’s businesses and industries for the 21st century.” He said the amendments to the Fair Work Act to be introduced early next year would ensure that union right-ofentry protections were sensible and fair. “The way they operate under the Fair Work Act is not balanced and is not based on common sense.”
He said, “We’re taking strong action to address these issues through the restoration of the Australian Building and Construction Commission and the establishment of a Registered Organisations Commission to oversee a new system of registered organisations. “The amendments to the Fair Work Act to be introduced early next year will further enhance the effectiveness of our workplace relations arrangements in a considered and prudent way. Senator Abetz said that on 31 October he had written to employers and unions, the states and other industrial stakeholders seeking their views on a proposal to create a new appeals jurisdiction covering the Fair Work Commission. “We certainly believe that this is an idea worth considering—and that is as strongly as we have put it.”
Planning rules about demolishing duplexes change Duplex houses will now need development approval before they can be demolished or substantially altered, Minister for the Environment and Sustainable Development, Simon Corbell has said. “The government has listened to the community and reassessed the exempt development rules relating to duplexes,” Mr Corbell said.
“For example, the authority needs to be sure the party walls will not be left exposed to the weather or left structurally unsound.”
“The unique character of duplexes means their demolition and alteration can have significant impact on the adjoining duplex.
Mr Corbell said development approval did not impose an unusual or unprecedented process, but returned duplex development proposals to the default position of the existing law that all development requires development approval unless subject to an exemption regulation.
“Anyone wanting to demolish and rebuild a duplex or make major alterations will have to lodge a development application, which gives neighbours the opportunity to review the plans and make comments and ensures the planning authority can assess the proposal against current laws and standards to protect the amenity and integrity of the adjoining dwelling.
Minor alterations such as internal alterations, exterior refinishing and installation of chimneys or skylights will continue to be exempt, in line with single dwelling exemptions.
“The amending regulation strikes the right balance between the rights of owners to demolish, rebuild or make alterations to their duplex homes and the rights of the adjoining owner of the duplex and other home owners in the street to be informed about alterations and to have such alterations assessed by the authority to ensure the physical and visual amenity of their half of the duplex is maintained,” Mr Corbell said. The regulation amends s1.100 and s1.100B of schedule 1 of the Planning and Development Regulation 2008.
Non-conforming products widespread across building and construction sector “New Ai Group research out today reveals the widespread use of non-conforming products across the building and construction sector. An extremely large proportion (92%) of companies responding to our survey reported non-conforming products in their supply chains. This raises important questions about quality and safety and it poses serious commercial challenges for the businesses that do play by the rules,” Ai Group Chief Executive, Innes Willox said today. “The report - The quest for a level playing field: The non-conforming building products dilemma – is based on a survey of more than 220 individuals and organisations across manufacturing, fabrication, supply and building industries and face to face meetings with over 240 industry participants. Almost half of businesses surveyed (45%) reported lost revenue, reduced margins or lower employment numbers due to non-conforming products in the steel, electrical, glass and aluminium, and engineered wood sectors. The majority of the nonconforming products do not meet regulatory, Australian or industry standards. Others are not fit for their
intended purpose, are not of acceptable quality, contain false or misleading claims or are counterfeit product. “In addition to evidence of non-conforming products, the report also reveals significant confusion among companies about how to identify non-conforming products and who to report them to. “Gaps and weaknesses in the building and construction conformance framework are also highlighted. Non-conforming products are allowed onto the market due to inadequate surveillance, audit checks, testing, verification and enforcement. The report suggests that building certifiers bear a disproportionate share of the burden for product conformance and raises the question of whether more responsibility should be taken by product suppliers and builders. “The impact of non-conforming products is a major concern for industry and this report clearly suggests the need to reform the current system to ensure quality and safety and to ensure Australian importers, manufacturers and fabricators have a level playing field.
Ai Group's proposals to address these issues are for: · Industry, in consultation with all tiers of government, to promote awareness of the role of regulatory bodies in the building and construction sector and in particular awareness of how nonconforming product can be reported; · State and territory governments to review their building certification arrangements with a specific focus on clarifying the role of building certifiers and assessing the adequacy of existing arrangements in preventing the installation of non-conforming product; and · Stakeholders, in consultation with all tiers of Government, examine how to best address the gaps and weaknesses in the building and construction sector conformance framework.” "We also recommend that further research be undertaken on the extent of non-conforming product in other sectors and how the problems presented by non-conforming product can best be addressed while keeping compliance and administrative costs to a minimum,” Mr Willox said.
COMING EVENTS FOR 2014 Master Builders ACT Charity Golf Day
Date: Monday 3 March 2014 I
2014 Master Builders & Cbus Excellence in Building Awards
Date: Friday 27 June 2014 I
Where: Federal Golf Club, Red Hill
This year the Master Builders ACT Charity Golf day will be held at the Federal Golf club in Red Hill. This year's charity will be the Boundless Canberra all abilities playground project.
Where: National Convention Centre, Canberra
The 2014 Master Builders and Cbus Excellence in Building Awards are the premiere networking event on the Master Builders calendar. Entry forms and dinner registration forms are now available online or in hardcopy at the Master Builders Skills Centre in Fyshwick.
TRAINING DATES FOR 2014 SAFETY LEADERSHIP - ADVANCED OBSERVATIONS & CONVERSATIONS SKILLS TRAINING
Date: There are a number of available dates. (Contact Cecilee Miller at cmiller@mba.org.au to book your place)
WORKING AT HEIGHTS
Date: There are a number of available dates. (Contact Cecilee Miller at cmiller@mba.org.au to book your place) The aim of this course is to provide participants with information, tuition and activities that will enable them to identify, assess and safely work above 1.5 metres from floor level with fail protection where required.
The program consists of three 4 hour modules and two on site coaching seesions. The Safety Leadership Program looks at the way human factors affect the development and maintenance of safety culture. Participants develop awareness and learn skills, to better influence safety culture on site.
SECTOR COUNCIL MEETINGS 2014 COMMERCIAL
11 FEB
8 APRIL
10 JUN
12 AUG
14 OCT
CIVIL
4 FEB
25 MAR
TBA
TBA
TBA
RESIDENTIAL
12 FEB
9 APR
11 JUN
8 OCT
10 DEC
SUB-CONTRACTORS & SUPPLIERS
25 FEB
29 APR
24 JUN
26 AUG
29 OCT
PROFESSIONAL
TBA
TBA
TBA
TBA
TBA
ACT PRIVATE SECTOR BUILDING ACTIVITY $100
MILLION
$80 $60 $40 $20 $0
Dec-12
Jan-13
Feb-13
Mar-13
Apr-13
May-13
Jun-13
Jul-13
Aug-13
Sep-13
Oct-13
Nov-13
The above graph and table below summarise private sector building activity for the various building sectors in the ACT over the past 12 months. The values for each month are depicted in millions of dollars. // To Insert New Data Goto Object/Graph/Data
• Copy and Paste Pivot Table Data into Data Additions and Alterations (Residential) Commercial Building Work Garages, Pools, Decks and Similar Structures Multi Unit New Housing
Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 5.00 6.2 6.4 5.02 7.4 6.3 4 38.2 19.2 68.6 24.3 35 27.5 22.3 13.8 11.6 11.4 13 12.5 13 13 11.2 16.4 10.2 18 28 43 32.6 55.5 55.5 43.2 51.2 69 55 60.2
Jul-13 13 45 22.2 17.3 60
Aug-13 Sep-13 Oct-13 Nov-13 3.4 11 7 4.7 24 41 24 26 5 9 12 12 13 84 35 56 14.2 32 32 62