APPRENTICES APPRENTICES
WHAT WHAT CAN CAN AN AN APPRENTICE APPRENTICE DO DO ON ON SITE? SITE? We all know that under Queensland legislation, plumbing and We all know that under Queensland legislation, plumbing drainage apprentices require direct supervision, providedand by drainage apprentices direct supervision, provided by a tradesperson, writesrequire Ernie Kretschmer, MPAQ Deputy Technical aServices tradesperson, writes Ernie Kretschmer, MPAQ Technical Manager. Executive Director. Services Manager. The industry is currently experiencing an increase in employers sending
industry is currently experiencing increase work in employers outThe an apprentice, on their own to performanregulated withoutsending out an apprentice, their own to are perform work without supervision, usuallyonbecause they seen regulated as being cheaper than a qualified supervision, tradesperson.usually because they are seen as being cheaper than a qualified tradesperson. Unfortunately, what employers and apprentices do not realise is that this Unfortunately, employers apprentices donot notfair realise is that this practice is not justwhat something that and shouldn’t be done, on the paying practice not potentially just something that shouldn’t done, not fair on apprentice the paying customer,isand dangerous to healthbeand safety of the customer, and potentially dangerous to health and safety of the apprentice and the community, it is also illegal with the potential to attract large fines and community, it is also illegal with the potential to attract large fines or jailthetime for employers/supervisors. or jail for employers/supervisors. As time an example, a third-year apprentice is provided with a work vehicle an example, a third-year with aOver workthe vehicle andAsmobile phone and told theyapprentice are on call isatprovided the weekend. course and mobile phonethey andmight told they are on call at theand weekend. theheater course of the weekend, unblock four drains replace Over a water of weekend, they might fourthe drains and replace a water andthe two kitchen mixer taps, unblock all without required supervision of aheater and two kitchen mixer taps, without the example, required supervision a licensed tradesperson. In thisallhypothetical the employerofand/or licensed tradesperson. In this hypothetical example, employer supervisor is guilty of contravening the Plumbing andthe Drainage Actand/or 2018 and supervisor is guilty of contravening the Plumbing andinDrainage Act below. 2018 and can potentially be fined for seven offences as listed the clauses outlined canthis potentially be fineddirect for seven offences as listed in the clauses person below. is Apprentices require supervision—this means a licensed in article (right). Apprentices require supervision—this means licensed person there on site with them,direct directly supervising them. This adoes not mean youis there onstand site with directly supervising them. This you have to overthem, the apprentice 24/7 but you must be does with not themmean to provide have to stand over the For apprentice but you must be with them to provide guidance and support. example,24/7 an apprentice could be performing work guidance and support. For tradesperson example, an apprentice could be performing work in the bathroom while the works in the kitchen. It would not in the the bathroom whileworks the tradesperson kitchen. It would mean apprentice on floor one works whilst in thethe tradesperson worksnot on mean the apprentice works on floor one whilst the tradesperson works on floor seven. floor It’sseven. a far cry from the entire plumbing fraternity but certain members of a far cry from entire fraternity certain members ourIt’s industry need to the realise thatplumbing apprentices are notbutcheap labour but theof our industry to realise that apprentices not cheap labour butand the future of theneed industry who require mentoring,are guidance, instruction, future of thefrom industry require mentoring, guidance, instruction, and supervision theirwho peers. supervision from their peers.
The Plumbing and Drainage Act 2018 states: TheCarrying Plumbing and Drainage Act 2018 states: 56 out work without appropriate licence
56 work licence 1. Carrying Subject toout section 58,without a personappropriate must not carry out plumbing or 1. Subject section 58, the a person nota licence carry outforplumbing drainagetowork unless personmust holds the work.or drainage unless the person holds a licence for the work. Maximumwork penalty— Maximum a. for a firstpenalty— offence—250 penalty units; or a. offence—250 penalty units; or or b. for a first second offence—300 penalty units; b. units; or or drainage c. for a second third or offence—300 later offence, orpenalty if the plumbing c. for a third or later offence,work—350 or if the plumbing drainage work is grossly defective penaltyor units or 1 year’s work is grossly defective work—350 penalty units or 1 year’s imprisonment. imprisonment. Note— A person may be required to hold a contractor’s licence Note— A person may be required to hold a contractor’s under the Queensland Building and Construction Commissionlicence Act under Queensland Building andthis Construction Commission Act 1991 inthe addition to a licence under Act to lawfully carry out 1991 in addition to aorlicence under thisSee Actsection to lawfully out particular plumbing drainage work. 42 ofcarry the Act. particular plumbing orcontravenes drainage work. See section 42 of the Act. 2. An individual who subsection (1) and is liable 2. An contravenes subsection liable to aindividual maximumwho penalty of 350 penalty units (1) or and one is year’s to a maximum commits penalty of 350 penalty or one year’s imprisonment a crime. That’sunits a maximum penalty of 300 imprisonment commits a crime. a maximum penalty of 300 penalty units. One penalty unit =That’s $137.85. penalty units. One=penalty unit maximum = $137.85.per offence for the 300 penalty units $41,355.00 300 penalty unitsan=apprentice $41,355.00tomaximum per offence for athe employer directing perform work for which licence employer an apprentice is requireddirecting (or one year in jail). to perform work for which a licence is (or oneoryear in jail). work without appropriate licence 57required Supervising directing 57 or directing work appropriate licence 1. Supervising Subject to section 58, a person (a without supervisor) must not supervise 1. Subject section 58, a person (a supervisor) mustwork not supervise another to person carrying out plumbing or drainage unless the another person supervisor holdscarrying a licenceoutforplumbing the work.or drainage work unless the supervisorpenalty— holds a licence for the work. Maximum Maximum penalty— a. for a first offence—250 penalty units; or a. offence—250 penalty units; or or b. for a first second offence—300 penalty units; b. units; or or drainage work c. for a second third or offence—300 later offence, orpenalty if the plumbing c. for a third defective or later offence, or if the plumbing work is grossly work—350 penalty units or or drainage one year’s is grossly defective work—350 penalty units or one year’s imprisonment. imprisonment. 2. Subject to section 58, a licensee must not supervise another 2. Subject to section a licensee must notwork supervise person carrying out58, plumbing or drainage unlessanother the other person carrying out plumbing drainage work unless the other holds a licence for the or work. person holds a licence for the work. Maximum penalty— Maximum penalty— a. for a first offence—250 penalty units; or a. offence—250 penalty units; or or b. for a first second offence—300 penalty units; b. units; or or drainage work c. for a second third or offence—300 later offence, orpenalty if the plumbing c. for a third defective or later offence, or if the plumbing work is grossly work—350 penalty units or or drainage one year’s is grossly defective work—350 penalty units or one year’s imprisonment. imprisonment. 3. Subject to section 58, a licensee must not direct another person 3. Subject 58, or a licensee direct person to carry to outsection plumbing drainagemust worknot unless theanother other person to carry out plumbing drainage work unless the other person holds a licence for theorwork. holds a licence for the work. Maximum penalty— Maximum penalty— a. for a first offence—250 penalty units; or a. offence—250 penalty units; or or b. for a first second offence—300 penalty units; b. units; or or drainage work c. for a second third or offence—300 later offence, orpenalty if the plumbing c. for a third defective or later offence, or if the plumbing work is grossly work—350 penalty units or or drainage one year’s is grossly defective work—350 penalty units or one year’s imprisonment. 4. Forimprisonment. subsections (1) and (2), a person (a consumer) is taken not to 4. For subsections (1)person and (2),carrying a personout (aplumbing consumer)orisdrainage taken not to supervise another work supervise another person carrying plumbing or drainage work only because the consumer enteredout into a contract for carrying only because the or consumer into athan contract for carrying out the plumbing drainageentered work, other a contract of out the plumbing or drainage work, other than a contract of employment. 5. employment. An individual who contravenes subsection (1), (2) or (3) and is 5. An individual who contravenes subsection (2) or or one (3) and is liable to a maximum penalty of 350 penalty(1), units year’s liable to a maximum penalty of 350 penalty units or one year’s imprisonment commits a crime. commits a crime. Ifimprisonment you have any questions, please contact the MPAQ If you have any please contact the MPAQ Technical team onquestions, 07 3273 0800. Technical on Kretschmer, 07 3273 0800. Article writtenteam by Ernie MPAQ Technical Deputy ExecutiveServices Director,Manager MPAQ Articlethis written Kretschmer, Services Manager Note: articlebyisErnie a reprint from theMPAQ SpringTechnical 2021 edition.
12 26 26
| MASTER PLUMBER MAGAZINE Winter 2022 Spring 2021 | MASTER PLUMBER MAGAZINE Spring 2021
