Canberra Builder 3/2018 by Master Builders ACT

EDITION 3 / 2018 Master Builders Association of the ACT and Region Magazine

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CONTENTS

MASTER BUILDERS EXECUTIVE COUNCIL President Graciete Ferreira Treasurer Frank Porreca Commercial Builders Council Chair Simon Butt Civil Contractors Council Chair Peter Middleton

Residential Builders Council Chair Marc Roland Professional Consultants Council Chair Bryan Leeming Acting Subcontractors & Suppliers Council Chair Rosa Josifoski Group Training Advisory Committee Chair Rod Mitton

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6175 5900 Fax: (02) 6280 9118 Email: canberra@mba.org.au Web: www.mba.org.au Advertising enquires Simon Farrell Tel: (02) 6175 5961 Mob: 0417 721 126 Email: sfarrell@mba.org.au Creative Consultant Pamela Slocum Mob: 0411 759 989 Web: pspamelaslocum.com

FOREWORDS A Message from the President

OF INTEREST 7

More opportunities now than ever for women in building

A Message from the CEO

It’s a great time to start a career in construction Apprenticeship applications now open

The Built. Story Social Photos and more

Building Quality Inquiry The release of the Shergold and Weir report

CE Construction Solutions New Member Welcome Spotlight on new members at Master Builders

NEWS & EVENTS 2018 MBA Awards

20 year MBA Membership Milestone

A Message from the Commercial Director 11 Legal Update

Guideline ACT Spirit of the Bash Giving back to the community through one of Australia’s most well-known charity

Advocacy issues high on the agenda

© 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.

CEO Michael Hopkins

I am so proud of MBA Group Training for securing government funding for our Women in Trades Pilot program

A MESSAGE FROM PRESIDENT, GRACIE FERREIRA

Construction is no Longer a Man’s World As I write this I am very relieved that another awards night went to plan. The Master Builders Association (MBA) team that brought it all together in spectacular style must be congratulated for another outstanding night celebrating all that is local, and most of all celebrating our members. As MC Vince Sorrenti mentioned on more than one occasion during the night…“I have been to many awards events throughout Australia, but this is by far the biggest..”, and if I may add - the best! Every year there is something or someone special that makes this night memorable. This year it was a very special builder. Better Building Services received their 100th Building Award. This was indeed a truly amazing accomplishment and I offer my congratulations to everyone involved at Better Building. This is a company that embodies what the words Master Builder stand for. I also want to congratulate MBA Group Training for securing government funding for our Women in Trades pilot program to be run through September. These funds are very important in ensuring we can spark interest in young women to experience construction, and to gauge if they like it enough, to at least consider a career in the industry. Many still see construction as a man’s world! Too rough for women! From my personal experience a lot has changed, and for the better, over the 30 years since I started. It is now

common to have women on building sites, and not just in the office. The construction industry offers very rewarding careers for those willing to give it a go, male or female. In times when more companies are looking outside the ACT borders and working interstate, we cannot underestimate the value of consistency and harmonization. Unfortunately the ACT government is proposing legislation that will move ACT Safety Laws away from National Standards, particularly at a time when those Standards are themselves being reviewed. We have, and will continue to lobby, the ACT government to ensure that consistency is maintained and that we don’t deviate from those standards. If these laws come into effect it might mean that companies will have to choose between doing Federal or ACT Government work . This would not be a good outcome for anyone.

In times when more companies are looking outside the ACT borders and working interstate, we cannot underestimate the value of consistency and harmonization.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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300,000 employees, apprentices and independent contractors are needed in our industry over the next decade

A MESSAGE FROM CHIEF EXECUTIVE OFFICER, MICHAEL HOPKINS

It is a positive time to be part of the ACT building and construction industry In the past year alone the construction industry created more than 100,000 new skilled jobs, accounting for more than one in every four new jobs created. This makes the construction industry Australia’s third largest employer and the largest employer of full-time skilled workers. Australia’s construction industry is predicted to keep on growing. To meet the forecast demand, an additional 300,000 employees, apprentices and independent contractors are needed over the next decade, and 50,000 new entrants each year over the next ten years. Careers in the local construction industry, including carpentry apprenticeships at MBA Group Training, were on show at the inaugural Master Builders Open Day held on 25 August. Every member of Master Builders ACT should be proud of the MBA’s training and apprenticeship programs. Operating for close to 50 years in the ACT, the MBA provides the highest quality training, in a safe and supported environment. Thank you to all of our members and staff for helping to showcase careers in construction at our Open Day. Access to high quality training and apprentices is merely one of the many benefits of being a member of the MBA. As well as access to legal, technical and workplace safety advice, a core benefit of membership is access to information about changing legislation that affects our industry. We are currently working with the ACT Government on a number of important reforms, some of which pose a significant risk to the local industry and cost of Territory infrastructure and buildings. Two significant laws are proposed to commence in January 2019 that will give unions greater access to work sites and greater opportunity to influence government procurement.

Proposed amendments to the ACT Work Health and Safety Act will, for the first time in 10 years, move the ACT out of step with national model WHS Laws. Because of the efforts of previous ACT Safety Ministers and industry working together, safety on building sites had improved. These amendments will risk safety outcomes, so that the Government can prosecute an industrial relations agenda. The ACT Government is also proposing to introduce a Secure Local Jobs Code to replace the controversial MoU between the ACT Government and UnionsACT. A new ACT procurement code has the potential to improve transparency in government procurement decisions, however the MBA is concerned that the new ACT code will introduce obligations on Canberra businesses which conflict with the Federal Code for the Tendering and Performance of Building Work. This would put local businesses in the unenviable position of having to choose between being compliant with the Federal Code, or compliant with the ACT Code, putting local businesses at a disadvantage if seeking to work for Government in their own backyard. Finally, the ACT’s Legislative Assembly Committee on Economic Development and Tourism is currently undertaking an inquiry into building quality. This will be the third major review of building quality since 2010. The MBA will be making a submission to the inquiry based on the extensive policy work already completed by MBA members. I hope you enjoy reading this edition of the Canberra Builder which contains more detail on all of these issues and features some of the winning homes and projects from the 2018 MBA Awards.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

There really has never been a better time to join the building and construction industry, particularly here in the ACT

A MESSAGE FROM THE COMMERCIAL DIRECTOR, LIZ NAIR

There are incredible opportunities in our industry The current climate is strongly influenced by the commercial sector and is projected to continue to grow over the next 12 months. This sustained growth is great news for industry sectors, employment and the ACT economy more broadly.

I wanted to focus on ‘Careers in Construction,’ in this issue particularly given the current hype of the recent MBA Open Day, the Women in Trades Work Insight Program and the current employment climate. Those who are currently working in the construction industry know how many opportunities there are. However for those yet to enter, or those who haven’t even thought of this sector as an employment pathway, this may be of interest to you. There is no doubt that young people today are, better educated than in the past, however many are finding it difficult to attain full time work because of: >> Not enough work experience; >> Lack of appropriate education, providing technical skills needed to gain full time work; >> Underdeveloped skills to apply for jobs with poor application and interview skills; and >> Not enough jobs available. (FYA, The New Work Reality, 2018) The New Work Reality Report 2018, provides a snapshot of 14,000 young people’s journey over a decade (15 to 25 years old) revealing some interesting facts shown in the figure on the following page.

Guideline Workshop participants

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Entering a trade supports to address each of these barriers affecting young people today when employed and trained by experienced, qualified professionals. What other industry allows you to earn while you learn, gain hands-on technical skills, and create a lifestyle through entrepreneurial achievements, when working for yourself, all the while gaining self-satisfaction when establishing a career. Career advancement, diversity and progression is unlimited in the building and construction industry for those so inclined. Avenues for multiple jobs and employment opportunities are unprecedented. Many young and mature aged people join the industry with the initial goal of completing an apprenticeship without much thought of ‘what’s next’ when this chapter is complete. Its uplifting to see many individuals that have trained in an apprenticeship, now some of Canberra’s finest tradespeople and have great disposable incomes. Many Master Builders apprentices go onto study the Certificate IV in Building Construction for site supervisory/foreman roles with reputable organisations, whilst others have strong aspirations of gaining the entrepreneurial skills to support business ownership and perhaps ultimately gaining their C Class Builders licence upon successful completion of the program.

James Hubbard, MBA Apprentice of the Year said ‘the Certificate IV in Building Construction has opened my eyes to the opportunities within the industry. Whether you want to gain your own builders licence, manage a worksite, or continue on to further study, this has been a great choice for me.’

Career advancement, diversity and progression is unlimited in the building and construction industry for those so inclined enabling avenues for multiple jobs and employment opportunities

University! Did someone say ‘why don’t you go to University?’ Why not consider this pathway following completion of your Diploma of Building Construction and gain credit points and a reduction in time towards your Degree in Building Construction Management. Transition to working as a project manager or an engineering role, the options are endless. Remember, all this started with an apprenticeship, so don’t ever underestimate this pathway to earn while you learn, complete your training without a large HECS debt and create a lifestyle of choice for yourself. Master Builders will commence delivery of the Diploma of Building Construction in 2019. The qualification provides articulation arrangements to the University of Canberra’s degree in Building Construction Management.

Source (FYA, The New Work Reality, 2018)

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

There is no shortage of legal changes in the ACT at the moment

A MESSAGE FROM THE LEGAL AND COMPLIANCE DIRECTOR, ASHLEE BERRY

Legislating for safety and industrial relations is high on the ACT Government’s Agenda WHS AMENDMENTS

SECURE LOCAL JOBS

The ACT Government has passed legislation that will come into force on 1 January 2019 that will see the ACT depart from the model-WHS laws that came into effect almost ten years ago. The new laws apply to all construction projects over the value of $5 million, and:

Earlier this year, the ACT Government released a discussion paper on the “Secure Local Jobs Code Package” that in effect, sought to legislate the infamous Memorandum of Understanding (MoU) between Unions ACT and the ACT Government. The MBA has made submissions to the ACT Government that the proposed Code is inconsistent with the 2016 Code for the Tendering and Performance of Building Work (‘2016 Building Code’) and contradicts other Commonwealth legislation.

>> Make it an offence if you fail to consult with each eligible union about the formation of a work group; >> Mandate the formation and training of Health and Safety Representatives, in consultation with the eligible union(s); and >> Mandate the formation and training of Health and Safety Committees. The MBA made submissions to the ACT Government that this proposed amendment should be submitted to the national review of the WHS legislation rather than going it alone. There are also a number of ambiguous sections in the legislation that have not been properly defined or explained – such as when “work starts”. We are concerned that the ACT Government is using safety as a guise to prosecute an industrial relations an agenda. We have requested that the Minister for Workplace Relations, Ms Rachel Stephen-Smith, attend the MBA to meet with us and our members about the proposed changes. Unfortunately, no positive response has been received. We will provide further updates to members and arrange information sessions shortly.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

The ACT Government has now introduced the Government Procurement (Secure Local Jobs) Amendment Bill and associated Secure Local Jobs Code. Members should be assured that we will explore all possibilities to prevent this Code from being legislated. The MBA will be making submissions to the Legislative Assembly Committee (due 31 August 2018) and to the ACT Government on the Consultation Draft (due 12 September 2018) about the adverse impacts of this legislation, including: >> The breach of current Freedom of Association laws; >> The likely increase in the cost of construction and other services in the ACT; and >> The conflict with the 2016 Building Code and other Commonwealth legislation.

SECURITY OF PAYMENT

IPSO FACTO CLAUSES

Whilst some of you may be familiar with the Building and Construction Industry (Security of Payment) Act regime, some may not be. In essence, the legislation provides an alternate dispute resolution mechanism for those engaged in the building and construction industry – it is designed to be more efficient and far cheaper than commencing traditional litigation. The system operates across Australia, although eligibility and process differs from state to state. It recently underwent a review by John Murray AM, and his 86 recommendations (from an almost 500 page report) can be summarised as follows:

On 1 July, legislation came into effect to limit the ability to terminate a contract based on an Insolvency Event. This reform is part of the Turnbull Government’s innovation agenda, and is designed to encourage struggling businesses to seek guidance and assistance from insolvency practitioners without the fear of contracts being immediately terminated once a company is placed into administration or liquidation.

>> A national model is ideal. As mentioned, all states have slightly different regimes currently, although there is a stark contrast between the regime adopted by the East coast states to that adopted by the West coast states (WA and NT). >> It should be extended to the residential sector, provided sufficient safeguards are put in place for home owners to be properly notified and served. >> A statutory trust scheme should be established for all projects over $1 million. In general terms, it would mean that whenever a payment is made to a party that includes an amount either for work carried out by someone else (including supplies), the person receiving the payment is deemed to hold the money on trust for that other person. The intention is to limit the impact of insolvency on subcontractors but we have strong reservations and concerns that the administrative burden this will place on all contractors outweighs any benefit that may arise.

MBA Australia have been lobbying the Federal Government to exclude building and construction contracts from this new legislation and will continue to do so. You may have noticed a flyer in any new ACT contract you have purchased from the MBA. Please read it carefully and always seek legal advice prior to terminating any contract, especially if you are alleging that there has been an Insolvency Event. ADR SERVICE – REMINDER In 2017 the MBA established our own Alternate Dispute Resolution service. The service was established due to the high number of calls we receive from both members and consumers, wanting help to resolve a dispute and being reluctant to instruct a private solicitor. The service can be used if at least one party is a member of the MBA, or if an MBA contract is in use. Both parties must agree to participate, but it is strongly recommended. If you would like more information please contact us on 6175 5900.

MBA Australia have been lobbying the Federal Government to exclude building and construction contracts from this new legislation and will continue to do so

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

A TALE OF TWO JOB SITES: The Office and The Field

We’re all familiar with the iconic image of the Construction Project Manager; button-down collared shirt, creased trousers or nicely ironed skirt, sensible shoes. A hard hat isn’t mandatory but is advisable, the better to protect oneself in the event a wayward ceiling panel should flutter down in a faint cloud of plaster and knock over the framed family portrait.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Which is to say, a construction project has a split personality. Over there you have the carpeted project office where the build is ‘administered’, while over here you have the project jobsite; a highly organised riot of men and women wielding expertise and hammer drills in the assembly of a physical structure. The historic disconnect between the project office and the project jobsite (the ‘suits and boots’ issue, as it’s been called) has long been an unresolved sticking point in the world of construction, and for a number of reasons. I call this the ‘disparity of perspective’. You either work in the office, or you’re on site all day walking around and getting your hands on the project. These are two very different worlds. Workplace culture aside, there is a measurable

downside to the site and office separation, and that is the communications gap; a less-than-seamless information flow whose most familiar hiccup is budget-and-schedule-eating Rework. As construction evolves technologically, I see this breach between site and office widening even further. Clients are expecting more innovative solutions—new materials, new processes. Designers try to outdo each other with competing visions for the next amazing building. The technical requirements of construction and construction management have become exponentially more complex. From a vertical procurement perspective, that’s led to contractors becoming more like management organisations than building companies. The last place I worked, one day I went searching for a tape measure and a ladder. They literally didn’t have either one. Everything is getting subcontracted out. If you pay me $100 million to construct a building for you, I can bet you that about $90 million of that goes to other people who I just manage. DIGITAL JOINERY In this era of increasingly intricate construction protocols, the growing chasm between site, office—and yes, the client— can swallow fragile project profits. Siloed teams, remote stakeholders and glacially slow information-sharing lead inevitably to breakdowns in communication. How to keep these disparate command centers and stakeholders not just fitfully connected by fax or e-mail, but truly joined 24/7 in a virtual common room where information and conversation are exchanged in real time, and from any location? Don’t we owe it to both boots and suits to build this new collaborative model? The fact is, a lot of effort goes into planning a project, but it never ever, ever goes 100% to plan. I always affectionately refer to construction as controlled chaos. The success of the project is dependent on how you actually deal with the problems. If we can bring people closer together, exchange ideas more quickly, we can more immediately identify where those problems are and deal with them. Bringing the project’s people together— that’s really what Procore does. NUTS AND BOLTS. AND [YES] A CLOUD. Procore’s cloud-based project management platform for the construction industry gives project players an actionable x-ray into every aspect of the project, as well as a constantly open, unimpeded conduit for information-sharing and problemsolving. Procore’s digital tool suite—from Budgeting to Transmittals and everything in between—neatly populates an actionable, intuitive dashboard that lives on your mobile device. Yes, this does require a substantial gathering of resources; namely a mobile phone and forefinger.

Bringing the project’s people together— that’s really what Procore does

So for instance, a PCG meeting (Project Control Group: typically the contractor, client, key designers, and high-level subcontractors) generally happens once or twice a month for a major project, and an often unappreciated component of the PCG meeting is the time it takes to prepare. It’s one guy sitting down for almost a full day putting together the meeting agenda, the RFIs, drawings, defects, drawing approvals. It’s crazy. With Procore, all the work and activity that occurred through the month has been automatically recorded in real time. So I build a custom report and say to the program ‘send this report to me with all the logs and registers on the 25th of every month’. Because on the 27th of every month, I sit down with my client for one of these PCG meetings. So what previously took almost a whole day of work now just magically arrives in your inbox in a beautifully readable report. Procore’s fluid, real-time transparency is likewise mirrored between teams and individuals on the work site. It makes onsite communication easier, and engenders an accountability culture from which everyone benefits. I used to physically have to go up to level 15 on a building to check how something’s going, or call someone on the phone to ask about progress. With Procore I just pull out my mobile phone or my tablet, and I can see it with my own eyes. I can also see what I need to do on a given day, and I can see who’s holding me up. And that accountability within the team builds respect and self-awareness. This fluidity of communication between site and office goes all the way to the top, so to speak. The client doesn’t have to call you up and say, ‘Hey, can you send me this report?’ They just log in and do it themselves. It’s all on demand ready for them, as well. So whatever they can see, they can extract. And that’s a big benefit for clients. Maybe the client wonders how a site inspection is going. Well, they don’t need to wonder, don’t need to find out at the next meeting. They can literally watch the site inspection being completed while they’re sitting in an office on the other side of the country. Procore has definitely bridged that gap.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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Variety is THE SPICE OF LIFE, if You’re Civil

Guideline ACT has enthusiastically and actively supported Variety - The Children’s Charity for the past six years. In that time, Team Tonka has raised in excess of $70,000. Although Nick Zardo is quick to point out that the accolades don’t belong to his team alone. On the contrary Team Tonka could not achieve such results without the willing and consistent support of the local Civil Construction Industry including Contractors, Subcontractors and Suppliers and other individual personal donors. Many would say this is a reflection of the high regard in which Nick is held. “A study has revealed that respect from peers—not wealth or economic status—is what really makes us happy” – The Greater Good Science Center at UC Berkeley

toy tractor, Team Tonka reflects the Civil Contracting arm of Guideline ACT. The car’s number, 120G was chosen in honour of Guideline ACT’s first road grader.

This Bash journey began when Nick Zardo, Managing Director of Guideline ACT, and long-term workmate of 20 years, Jack Diamond, the then Workshop Manager decided to give it a go. The inspiration came to them when they encountered some quirky old Bash vehicles in 2012.

Originally designed as a one-off for the first Bash, the Team Tonka Mascot has become a brand in its own right. When you see how seriously Tom the Lego man takes his role, you’ll know why he’s there to stay.

Initially they thought it would be a bit of fun to enter, particularly as Nick is a vintage car enthusiast. However he had no idea the impact that first Bash would have on him. Nick has been on the last six Bashes accompanied by various staff members. Named Team Tonka, the Guideline ACT entry is a bright Yellow 1971, HG Holden Ute. ‘Tom’ the Mascot - a giant Lego man sits on top of the Ute keeping an eye out. Themed as a

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

The Bash travels throughout New South Wales, visiting many rural towns, some of which Bashers have never heard of. They stop at schools and other organisations along the way, to see the results of some of the millions of dollars donated by Variety. “The most satisfying aspects definitely include the thrill of the Bash itself, and meeting some real characters along the way. The camaraderie is contagious and every night is different! You share a meal with different groups, and each evening is

Originally designed as a one-off for the first Bash, the Team Tonka Mascot has become a brand in its own right.

very entertaining. The Bash is also the perfect leveler. Some entrants scrape and save just so they can take part, while others do it more comfortably. But all Bashers are equal - just a group of Aussies, joining together to raise some money for the most worthy of causes. “I’ve learned that it’s the little moments in life that have the greatest impact. There were many such moments throughout the Bash, like meeting the children. I love that. It’s really special.” An emotional Nick Zardo said. In the past it was a real challenge to drag Nick away from the business. “I actually plan around the Bash now.” Nick added. Michael Zardo joined the Guideline ACT team upon finishing school. He is undertaking an Engineering Traineeship. However he has aspirations for a foreman’s role. “I wanted to go on the Bash because every time Dad came home he was on a high, he couldn’t contain his excitement. It was all he could talk about. I went with him for the first time last year. And I went again this year. I was always excited about

Every single dollar you donate, will go directly to Variety to help thousands of children.

the prospect of bashing around in the old Ute, but I just wasn’t prepared for how it affected me. I was challenged to look and to see, and to understand things differently.” Michael Zardo said. Team Tonka was awarded “Spirit of the Bash” 2018. Judged by Variety officials this award is akin to best and fairest. The criteria took into account the vehicle, the theme, participation and conduct, while maintaining the values of Variety, and the Bash. It was the icing on the cake for Team Tonka. But wait there was more. Team Tonka also won the ‘Entrants Award’voted on by all entrants. And if that wasn’t enough excitement for one team, they also took out best costume on one of the theme nights. It’s not surprising that Team Tonka took out ‘the best and fairest’ award when you consider Guideline ACT’s mantra. They worked together as a team, like they always do... appreciating and respecting each other in a safe environment where individuals are always treated fairly. The net result at Guideline ACT is a workforce that is loyal, efficient, productive, competent and motivated. “The most enduring and lasting impact on me was spending time with the kids we met along the way. I’m just a regular 19-year old, doing things that 19 year-olds do. I go out with my mates, I have a job I love and I drive myself wherever I want to go. So life’s pretty cruisy I guess, But, for so many of the kids we met, what I consider ‘normal’ stuff, will never be achievable. Dad has worked hard for over 30 years, and he’s built up a great network of support in that time. I’d like to think I could come up with some fundraising ideas as well. You know, to get the younger generation involved.” Michael added. Whether they’re on the job or on the road, the Guideline ACT team is persistent and reliable. So don’t be surprised if the bright yellow Ute wears another crown next year. When he sat back and reflected on the week that was after this year’s event, Nick Zardo was overcome with gratitude. The support he received from the only industry he’s known since he was 18-years-old, was just amazing. “I can’t think of the right words to say really. Thank you just doesn’t seem enough. But what else is there but a heartfelt thank you from Team Tonka.”

Nick, Michael and friends in Bathurst NSW (2017)

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

EAL THE R ES HERO M D TEA BEHIN 2018 A K N O T ABLE LANDSCAPING ACT STEELWORKS ATLANTIC OIL CANBERRA CONRACTORS CHARMAN EARTHMOVING

Team Tonka in Newcastle at the start of Variety Bash (2018)

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ADD YOUR NAME TO THE HOTTEST LIST IN TOWN FOR BASH 2019 You’ll never have to wonder where your money went. It’s important to note, that the Entrants and Guideline ACT cover all costs associated with their involvement in the Bash, including the vehicle, fuel, accommodation, meals etc. So if you’d like to donate to Team Tonka 2019, rest assured, every single dollar you donate, will go directly to Variety to help thousands of children, who are sick, disadvantaged or have special needs receive support when they need it most. If you’d like further details on Bash 2019 contact Nick or Michael on 6299 3262 or if you’d like to make a donation visit https://nswbash2019.everydayhero.com/au/team-tonka

Guideline ACT was established in 1985, Nick Zardo joined as a trainee when he was 18 years old. Several years later, like many young people starting out, Nick thought the grass was greener on the other side, so he resigned. After about two years Nick was back where he belonged, eventually buying Guideline ACT from his bosses. The rest as they say is history.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Start your building and construction career with an MBA apprenticeship Join Canberra’s leading industry association, Master Builders ACT. Employment is offered in:

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Benefits of training with MBA: Quality carpentry training through purpose-built training facilities

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BUILDING AWARDS FEATURE

Celebrating the

2018 Master Builders Excellence in Building Awards

Inspiring Quality Advancing Excellence

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Asset Construction Hire is proud to be the official partner of the Building Excellence Awards 2019-21, and would like to take this opportunity to congratulate all the finalists and winners in 2018.

Asset Construction Hireâ&#x20AC;&#x2122;s rental fleet includes over 450 elevated work platforms and a broad range of general construction equipment.

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We have been a proud supporter of the MBA and our regionâ&#x20AC;&#x2122;s construction industry since 2011.

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BUILDING AWARDS FEATURE

BACK TO

SCHOOL HOW BUILT DELIVERED AN AWARD-WINNING SCHOOL PROJECT They are not exactly strangers to success. Built was already a successful and established brand by the time it arrived in Canberra a decade ago. Started in 1998, the company was founded on a desire to build positive relationships with consultants, subcontractors and key stakeholders so they could deliver quality projects each and every time. Proudly Australian and privately owned, Built has grown to be one of Australia’s largest private construction groups, developing their positive reputation through being the most responsive, client focused partner in the industry. Sometimes to be the best you have to go back to school. And that is exactly what Built did with their award-winning Brindabella Christian College, Junior School project. Always striving to find new and better ways to solve clients’ problems, Built’s continual pursuit of quality in every aspect of their business showed their clients that not all things are created equal, they’re Built different. Built is proud to have delivered this significant project and believe it will have a positive impact in the community for years to come. The new building for Kindergarten to Year 4 students included 16 new classrooms, an open atrium and an innovative children’s slide that enables students to glide from level one to the ground floor.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Built General Manager for the ACT, Nadine O’Keeffe says Brindabella was a pleasing process from start to finish. “A rewarding journey with strong partnerships is what sticks in people’s minds. Ultimately, delivering as strong as we started is what builds relationships and opportunities”. With a specialist team and extensive Tier 1, Tier 2 and large corporate experience, Built is regularly preferred as the principal contractor on everything from large scale new builds to complex refurbishments and intricate fitouts. Engagement throughout the lifecycle of the project was a testament to the solidarity of the construction team and the school community. “The passion and cohesion of the team on site is reflected in the building and subsequently in the building awards,” said Nicholas Goodwin, Director, SQC Architecture of the project’s success at the Building Excellence Awards. The Built relationship doesn’t stop when the keys are handed over. Giving back and making a positive impact in the communities in which they operate is an important part of doing business the Built way. The development of a Graduate Pathway for Brindabella Year 12 students interested in architecture and construction is currently underway. Built is excited by the prospect that its passion for excellence will be instilled in the next generation.

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BUILDING AWARDS FEATURE

Asset Construction Hire New Naming Rights Partner for Building Excellence Awards A proud member of Master Builders ACT since 2012, Asset Construction Hire (ACH) has supported the construction industry in Canberra and its surrounds since 2011, rapidly growing in service range to include a fleet of over 450 elevated work platforms. With a focus on customer needs and personalised, efficient operational support, ACH continues to be Canberra’s largest independent rental supplier of access equipment to the region. ACH signed a Premium Partnership agreement with the MBA in 2017 and in June this year were confirmed as the new Naming Rights Partner for the Master Builders Building Excellence Awards from 2019-2021. The next 12 months are loaded with excitement for ACH, including plans for a major product range expansion and a strong investment in customer service technology. The new event logo was launched at the 2018 Building Excellence Awards on June 29. www.assethire.com.au

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BUILDING AWARDS FEATURE

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The 2018 Construction Industryâ&#x20AC;&#x2122;s Night of Nights was all Glitz and Glamour

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

BUILDING AWARDS FEATURE

Exceptional Talent Uncovered at the MBAâ&#x20AC;&#x2122;s night of nights

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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BUILDING AWARDS FEATURE

YOUNG GUNS

OF CANBERRA’S building and construction industry The tide is turning in Canberra’s building and construction industry with a new generation starting to make its mark on the landscape. This was evident at this year’s Master Builders ACT Building Excellence Awards when, according to the organisation’s CEO Michael Hopkins, the median age of the finalists dropped significantly on previous years. “After many years of long-standing members consistently upholding our industry standards, a new generation is budding,” said Mr Hopkins. “We look forward to see where this new generation takes us as we move into the future.” Kirsty Reaks is one such “young gun” in the local industry. In 2015, while studying nursing, the 27-year-old took a part-time job as a traffic controller at Downer EDI Works. “It feels like I have been on a rocket to the moon the past three years,” she said. “I started work as a traffic controller to give me the flexible hours needed to balance work and study. Through that role, I got to know Downer and in about three months, Downer offered me a junior on-site administrative role that I accepted. In that short period of time, the industry grew on me and I have never looked back at nursing.” Ms Reaks is passionate about traffic control, in particular the safety it delivers to sites. “Safety, or ‘zero harm’ as we call it, is embedded in our culture and I share the view it is fundamental to our success,” she said. “Traffic control is one of the critical elements of ‘zero harm’ that I prioritise on my job sites as I believe that if you set it up correctly from the start, you not only get safe outcomes, you also improve productivity.”

Kirsty Reaks, 27, is a project manager at Downer EDI works. Photo: Michael Phanprachit

At the MBA Building Excellence Awards, Ms Reaks was nominated for project manager of the year for the ACT Resealing Contract. Other young guns recognised on the night included Dean Struys, 32, of 360 Building Solutions and Chris Walmsley of Walmsley Building Solutions who won the custom built homes 150-250 square metres project and renovation/ extension $450,000, respectively. Matt Bellingham, 31, was also recognised at the awards, taking out the MBA award for renovation/ extension $250,000-$450,000, for his project Dive Place in Nicholls. “Originally, the owners just wanted a kitchen renovation but then we ended up fully gutting it,” he said. “We improved the flow of the home and added more light to it.” Matt started a carpentry apprenticeship when he was 15. After working in the industry for a few years, he started a business with fellow carpenter, Brent Redmayne. After a few years, the pair got their builder’s license and their company, Status Living, expanded. “When I was a kid I just wanted to be a builder, my next door neighbour was a builder and I looked at what he was doing and desperately wanted to do it as well,” said Mr Bellingham. “We’ve been running Status Living for about six years and we mostly do extensions and knockdown rebuilds in the ACT. “It’s been really good to see the business expand, the hard part is having the trades expand with us so we can continue to ensure a high-end finish.” Mr Bellingham said one of his favourite parts of the job is seeing the clients’ reactions to his work. “It’s pretty cool when you finish a high quality job and you’re able to stand back and admire the work. Also with the clients, just watching how it changes their life as well,” he said “particularly when they have been saving up for their dream home for most of their life.” This article originally appeared in allhomes.com.au and was written by Lucy Bladen.

Matt Bellingham (R) and business partner Brent Redmayne. Photo: Michael Phanprachit.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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BUILDING AWARDS FEATURE

BEST

PRACTICE in Dual Occupancy Design The origin of the Australian Dream dates back to the period of reconstruction following World War II. The dream flourished in the 1950s and 1960s due chiefly to the expansion of Australian manufacturing, low unemployment rates and the baby boom. Typically, the Australian Dream focused upon ownership of a detached house (often single storey) on a quarter acre suburban block surrounded by a garden, which featured of course a Hills Hoist in the back yard. The fear of having to live in a shoebox with a shared drive and practically no privacy is what scared a lot of people off in the past but now with the shortage of available land, Dual Occupancies are growing in popularity. A dual occupancy development in Hughes by Shaw Building Group was awarded the 2018 Master Builders Residential Dual Occupancy award at the recent MBA Master Builders Building Excellence awards.

â&#x20AC;&#x153;This development is an example of a well-designed mediumdensity dual occupancy on an appropriate sized block that fits well within the urban streetscape,â&#x20AC;? said Valdis Luks, Managing Director of Shaw Building Group. The 1200 sqm block has been sub-divided changing from one residence to now offer two different property types, both of which are substantial size homes. The slope on this block lent itself to designing a single story three-bedroom at the front and a double story, four-bedroom family home at the back. The single-story home compliments the down-sizer market, especially those who wish to stay living in their existing suburbs and provides more privacy and space than an apartment could offer. By making better use of this urban space, residents can live without feeling like they are in a large apartment complex. Both properties have reasonably sized outdoor spaces, oversized garages and solar passive design with +6.0 star energy ratings. The end result is a new development with such an effective design and use of space that it resembles two completely separate homes on separate blocks. The solar passive design is appropriate for the area and has achieved the brief to maximise liveability, privacy and the use of sunlight (the vegie garden is even in the front yard!). The MBA will continue to work with builders to lobby Government on the planning issues and lengthy approval processes associated with dual occupancy builds.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

SmartRock2

Wireless Temperature and Strength Sensor for Concrete • Formwork Removal Timing • Post-Tensioning Optimisation • Monitoring Temperature Gradients in Mass • Concrete Optimizing Curing Conditions • Controlling quality in the field

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DECORATIVE CONCRETE Concrete is evolving and Australian designers and builders are finding amazing ways to make this essential construction medium a new and exciting feature of construction. Today’s concrete is being coloured, stained, dyed, exposed, ground, polished, recoloured, resurfaced and featured in structures. Specialised aggregates are being introduced to enhance the design and look of concrete and to even improve the functionality of a structure, like glowing aggregates in footpaths for after dark usage. Some ways which concrete is being used as an ascetic element include: Coloured Concrete: This is typically the inclusion of a coloured oxide into pre-mixed concrete at the time of batching to provide a specific colour tone to the concrete. Exposed Concrete: Involves a chemical treatment being applied to concrete surface during installation which retards the very top of the concrete surface. This is then washed away to “expose” the colour and texture of aggregates in the concrete mix. Polished Concrete: A polished look is achieved in a number of ways, and is often handled by specialist contractors. This finished can be achieved in a number of ways including a grind and seal approach,

a burnish finish applied during placement and via a true polishing of the concrete surface. The look of the product is enhanced and individualised through the inclusion of colours and specific aggregate to the concrete. Colour Resurfacing: “Resurf” is mainly used to rejuvenate an existing concrete surface at a fraction of the replacement cost. High strength coloured slurry is sprayed by a hopper gun onto the concrete to create a new durable coloured surface. This method is extremely popular for driveways, but is also finding a market by replacing paving, tiles and other surface finishes in commercial construction and public spaces. Stamped Concrete: “Stamping” a textured finish into the surface of fresh concrete whilst it is still in a plastic state. Mainly used in conjunction with oxide coloured concrete, throw on colour, release agents and stains to create a look of tiles, timber, stones and other designs with concrete. Stencil Concrete: Or Colour Hardener, uses tapes or pre-cut stencils to provide a pattern to the surface of fresh (still wet) concrete. A coloured powder hardener is then thrown onto the surface which reacts with the wet concrete to provide a brick, rock or tile look.

Colour Sealers: A concrete paint in a multitude of colours. This system is mainly used in the residential housing and renovation market to enhance the look of driveways, paths, balconies and entertaining areas. Concrete Benches and furniture: With the endless possibilities in colour, aggregate and finish it’s easy to see why concrete furnishing has become so popular. With the added bonus of strength and durability concrete is finding its way into benchtops, tables, chairs and other interesting areas of furnishing. Concrete offers the opportunity to design a true unique piece in any project. There are numerous other systems and finished which can be applied to achieve decorative finishes including dyes and stain or epoxy, flake, polyurethane and polaspartic coating systems. Canberra has a plethora of organisations working with the local design and building community to achieve more with their concrete. Furthermore, it is important to engage with these businesses early in your construction process so you can understand what is involved with working with concrete to meet your designed vision. Start a conversation with your pre-mixed supplier, local decorative concrete supplier, concrete placer or specialist concrete contractors to see what you can achieve on your project.

BUILDING AWARDS FEATURE

KIRSTY REAKS The lady behind the Downer EDI Works AWARD WINS

1 / What was behind your decision to leave nursing school and take up a career in civil construction? While undertaking my nursing degree at university, I started work as a traffic controller to give me the flexible hours needed to balance work and study. Through that role, I got to know Downer and in about three months, Downer offered me a junior on-site administrative role that I accepted. In a short period of time, the industry grew on me and I have never looked back at nursing. 2/ What drives your passion for traffic control?

I am very proud to be part of a team who are working on updating a key piece of infrastructure for Canberra and its surrounds

Safety or Zero Harm as we call it in Downer is embedded in our culture and I share the view that it is fundamental to our success. It is very pleasing to see everyone from senior leaders to the teams I manage share that deeply held value of Zero Harm. Traffic control is one of the critical elements of Zero Harm that I prioritise on my job sites as I believe that if you set it up correctly right from the start, you not only get safe outcomes, but you also improve productivity. 3 / How did it feel to become a project manager in 2017? I commenced in Downer in June 2015, and it feels like I have been on a rocket to the moon the past three years. I feel very lucky yet humbled at the same time to have a great team around me and managers who are so generous with their time â&#x20AC;&#x201C; consistently supporting me with growth and development opportunities and patient guidance as I grow into my role. I feel very honoured to have so much trust and belief placed in me and my ability and feel that my recognition by the Master Builders ACT should be shared with my mentors, my team, and those whom I have been on this journey with over the past three years. 4 / Tell me about your time working on the ACT Resealing contract? It is really pleasing to see the Tuggeranong Parkway, one of the projects delivered as part of the ACT Resealing contract take out the Sustainable Construction and Work Health and Safety â&#x20AC;&#x201C; Civil awards at the 2018 Master Builders ACT Awards as is reflective of the great team and great outcomes we deliver for our communities that I am very proud of. It has been a huge learning curve for me to see the innovative and sustainable industry leading solutions delivered as part of the contract, and I am very proud to be part of a team who are working on updating a key piece of infrastructure for Canberra and its surrounds.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

What’s happening with Short Term Interest Rates (BBSW/BBSY)?

Domestic BBSW benchmarks have been steadily rising over recent months. During the darkest days of the global financial crisis, when terrified policymakers feared cash machines would run dry and wages would go unpaid, there was one measure they turned to gauge the money markets’ level of panic. The LIBOR-OIS spread indicated how much the banks would have to pay to borrow money for a month, over and above the overnight rate they could access from the central bank. The higher it went, the more it reflected the anxiety of lenders about the solvency of the too-big-to-fail banks.

It is a right that benefits both parties as it recognises that in a modern Australia, each workplace is different.

Australia has its own equivalent spread based on the local money market benchmark, the Bank Bill Swap Rate (BBSW or the bid rate BBSY the base benchmark that applies to most variable rate borrowers) and in 2008 transmitted its own panic signals as the faith of conservative cash investors in our major institutions wavered. Now, as the 10-year anniversary of the financial crisis approaches, traders are reflecting on the near death experience with the fears having well and truly abated. But something very strange is happening, again. Those measures of panic are flashing amber. The LIBOR-OIS spread is now reaching levels not seen since the crisis and the Australian equivalent rate not only followed it, but spectacularly overshot. What is more perplexing is that even as the US spread has settled down, the Australian “Bills/OIS” continued to surge to levels not seen since the crisis. As it has done so, other Australian dollar “funding rates” have been dragged up. What became a knock-on effect based on developments in US markets has become a decidedly Australian issue. WHAT DOES IT MEAN FOR BANKS AND BORROWERS? For the smaller banks the pain was too much to bear and they increased home loan rates, while the majors are left to agonise as to whether they will be crucified by politicians should they follow suit.

This material contains general commentary, and market colour. The material does not constitute investment advice. Certain types of transactions, including those involving futures, options and high yield securities give rise to substantial risk and are not suitable for all investors. We recommend that you seek your own independent legal or financial advice before proceeding with any investment decision. This information has been prepared without taking account of your objectives, financial situation or needs.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

BUILDING AWARDS FEATURE

Our corporate partners

MA JOR SP ON S OR S

keep the MBA’s heart beating

I would like to take this opportunity to once again recognise our corporate partners and sponsors. It’s because of their support that we are able to realise our vision. A construction industry that inspires and enables our members to build a better future. I commend the following organisations to you because they have really big hearts.

A SS OCIAT E S P ON S OR S

CANBERRA

workcare

Michael Hopkins Chief Executive Officer

S U P P OR T IN G SP ON S OR S

Endorsed by the

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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business practices which is why our raw materials are sourced locally and we manufacture locally. Bink Cement has the ability to supply all scale of projects from large commercial to smaller residential. We supply the building market, sand and soil yards as well as South-East NSW with our superior products.

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WebSIte And PortFolIo PhotoGrAPhy. AerIAl And ArChIteCturAl PhotoGrAPhy. With 25 yearsâ&#x20AC;&#x2122; experience as a Canberra photographer, Geoff Comfort is one of the top professional photographers in the area. Geoff Comfort Photography specialise in architectural, corporate and aerial photography. Geoff is an Accredited Professional Photographer with the AIPP. With clients in both the corporate and government sectors, Geoff offers a personalised service on each photographic project. If you want great results from your architectural, corporate or aerial photography assignment, completed on time and on budget, please contact Geoff on 0411 268 146.

contAct Geoff to dIscuss your Project Mob 0411 268 146 email geoff@geoffcomfort.com Website www.geoffcomfort.com Specialising in Aerial, Architectural, and Corporate Photography.

Who is

National Capital Toyota

In January 2016 National Capital Toyota was born, opening an all new state of the art dealership in Tuggeranong. National Capital Motors has been a familiar name in Canberra for over 30 years and we are proud to have been representing Toyota in the local market place for the last two and a half years.

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National Capital Toyota 211 Scollay Street, Greenway, ACT, 2900 T: 02 6173 6100 E: enquiries@nationalcapitaltoyota.com.au nationalcapitaltoyota.com.au

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Peace of mind. 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/consumer-advice/home-warranty-insurance

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

MEMBER MILESTONE

A reputation that is set in concrete

3 0 YEA

2018 MBA Supplier of The Year If you have enjoyed a tour of Canberra’s iconic buildings, there is a good chance that you have admired the work of CE Construction Solutions. A fixture on building sites across Canberra for 45 years, CE Construction Solutions is known for always providing the right solution, fixing problems big or small, and presenting the most practical solutions. Back in 1973 when C.E Industries (Concrete Enterprises) first opened its door for business, it was a very different Canberra. Woden Plaza had just opened and the MLC Tower was still fighting its way out of the ground. Tuggeranong was just a paddock. All these years later, the team at CE Construction Solutions looks back with pride at the significant role the company has played in the city’s development. They’ve played a part in many significant Canberra projects including Cotter Dam, Parliament House, Black Mountain Tower, Bruce Stadium, ADFA and endless infrastructure projects including the current Canberra Metro

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

To be successful in business for this long, a business needs do a lot of things right. One of the best calls CE has made was to team up with the Master Builders Association. CE and the MBA have been in partnership now for 30 years, which is a very significant achievement. Director Damian Ross agreed saying, “We have always appreciated the comfort of knowing the MBA was there as a support network and resource for the business as much as a great networking and educational opportunity. The significance of CE Construction Solutions on the Canberra building landscape was reinforced when they were chosen as Supplier of the Year at the MBA Master Builders Building Excellence Awards, which rounded off an impressive list of recent achievements. CE Construction Solutions is a trusted distributor for a range of market leading construction product and technology manufacturers and don’t push just one brand. They strive to deliver the products that best solve the problem. A great example is the SmartRock2 wireless Bluetooth sensor. Embedded inside a concrete pour it delivers real-time early age

strength to a contractor’s smartphone. This technology alone is delivering 1-2 days per level construction efficiencies for CE clients in the Canberra market. Whilst CE Construction Solution’s direct distribution network focuses on Canberra and Regional New South Wales, good news and reputations travel and they are now providing the same CE skills, solutions and services to major works throughout Australia. “We all love doing what we get to do every day. It is also now helping us put a focus on delivering innovation and change in the broader Australian construction industry. Right now we are working on multistorey residential projects in Sydney, major infrastructure projects in Melbourne and mining projects in Western Australia, but it’s all born out of looking to deliver in our local market to our local customers,” said Dan Rowley, General Manager. CE help customers with a range of solutions encompassing concreting, decorative concrete, waterproofing, epoxy systems, concrete equipment and tools, formwork accessories, concrete repair, visual access, civil infrastructure, safety and much, much more. If it’s in, on, or around concrete, they’ll have a solution. As much as they love solving problems, the team also embrace a proactive approach to the market in helping their customers prevent problems from developing in the first place.

“Our experience has allowed us to build an understanding of where the typical issues in the industry are and how to get around them before they occur. Waterproofing, concrete and industrial floor coatings, are an example of where we are now partnering with, and running workshops for, our customers helps them de-risk their project before the trouble even starts.” Says CE Director Michael Dixon. So the next time you picnic at the Cotter Dam, relax on the grounds of Parliament House or gaze up at Black Mountain Tower, remember a proud Canberra business played an important role in making those projects happen. Well done, CE Construction Solutions.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Endorsed by the

ACT and Region Catchment Management Coordination Group

H2OK_Construction_CW FA 210717.indd 1

24/07/2017 9:46:42 AM

ENVIRONMENT PLANNING

Builders reminded of legal requirement to include EROSION AND SEDIMENT CONTROL PLAN The Environment Protection Authority in conjunction with H2OK; Keeping our Waterways Healthy is reminding builders of the requirement to install and maintain site erosion and sediment control measures as per an approved Erosion and Sediment Control Plan following recent inspections of small building sites. Effective sediment and erosion control helps to ensure our waterways are kept healthy. Organic matter such as soil and dirt as well as leaf litter entering our lakes and river systems can be detrimental to the water quality. High nutrient loading caused from decaying organic matter can lead to blue green algae and ultimately the closure of our lakes for recreational use. Excess litter and trash from building sites transports chemical pollutants and threatens our aquatic wildlife. In October 2015, the ACT Government amended the Environment Protection Regulation 2005 (the Regulation) to include a new provision requiring a person in charge of a development to install and maintain site erosion and sediment control measures as per an approved Erosion and Sediment Control Plan. This means that for sites less than 0.3 hectare an Erosion and Sediment Control Plan must now be approved by either the planning authority or a building certifier. The Planning Authority has updated their checklist for the minimum document requirements for the lodgement of Development Applications, and this reflects the new requirement to include an Erosion and Sediment Control Plan. The following must be detailed in an Erosion and Sediment Control Plan and the pollution controls installed in accordance with the approved plan: >> Water flow path >> Sediment control barriers >> Stabilised access point >> Cut/wash area >> Waste enclosure Where a person does not install and maintain the pollution controls as per the approved plan, the Regulation provides for an on-the-spot fine of $175 for individuals and $875 for corporations.

For sites less than 0.3 hectare the Environment Protection Authority (EPA) has Information Sheets 1 of 6 â&#x20AC;&#x201C; Prevent pollution from residential building sites to provide further guidance on these requirements. Erosion and Sediment controls are a requirement to reduce the potential for soil and other building materials to enter the stormwater system. In addition, it is an offence under the Environment Protection Act 1997 to allow soil and other building materials to enter the stormwater system. Builders are reminded that on the spot fines of between $100 and $175 for individuals and $500 to $875 for corporations apply to those shirking their environmental responsibilities on construction sites. In the last 12 months, eight written warning letters were issued to builders for offences related to environmental pollution at 2 building sites. GENERAL LEGAL REQUIREMENTS Under the Environment Protection Act, it is an offence for a person to allow any substance other than rainwater to enter the stormwater system. Contraventions of the Act can lead to an on-the-spot fine of up to $200 for an individual and $1000 for a company. More serious offences can lead to penalties of up to $50,000, six months in jail and a criminal record. In the case of excessive noise a complaint may be lodged with the EPA. The EPA will undertake an investigation which may include issuing a warning letter, on-the-spot fine, or depending on the circumstances, an Environment Protection Order. If the noise continues to be a problem, it is a serious offence and could lead to prosecution in court. BURNING ON BUILDING SITES Burning of waste materials on site is illegal. This includes plastics, chemicals or wood that is painted, chemically treated or contaminated with chemicals. Under the Environment Protection Regulation 2005, a fire may be permitted for heating purposes provided it is in a brazier or constructed fireplace. Only seasoned 5 untreated timber can be burnt for heating purposes. On the spot fines for burning of $100 apply or penalties of up to $25,000. For further information please contact the EPA by calling Access Canberra on 13 22 81 or emailing environment. protection@act.gov.au.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

BUILDING REFORM

Long Overdue

As the ACT Government embarks on another review into building quality, its third over the last decade, industry is already leading the way to improve industry practice, collaborate on solutions, and to lead by example. Collaboration amongst industry professionals was recently demonstrated when Master Builders ACT CEO Michael Hopkins, Canberra Business Chamber CEO Robyn Hendry, and Mal Wilson were guest speakers at an Engineers Australia ACT event. There was agreement by all speakers on a number of key points: >> Failing to act on building quality risks the ACT’s economy and industry reputation; >> There is frustration amongst industry (and other community) stakeholders at the ACT Government’s failure to act on building quality reforms; and >> There is already strong agreement amongst government, community and industry stakeholders on the solutions - leadership on the implementation of reforms is now needed. The MBA has long campaigned for building reforms which will improve building quality. After all, MBA members make a commitment to quality by agreeing to be bound by the members Code of Conduct as a condition of maintaining membership.

The MBA has long campaigned for building reforms which will improve building quality

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Building Confidence Improving the effectiveness of compliance and enforcement systems for the building and construction industry across Australia Peter Shergold and Bronwyn Weir February 2018

The MBA has been calling for ACT Government action on reforming the building system since at least 2010. The MBA’s Building Quality Policy was released in late 2014 calling for a range of reforms to protect both consumers and industry participants. Recently many of the MBA’s building reform priorities were confirmed by a national report commissioned by the Building Ministers Forum (BMF). The BMF engaged Professor Peter Shergold AC and Ms Bronwyn Weir as independent experts to inquire into the broader compliance and enforcement problems within the building and construction systems affecting the implementation of the NCC.

The report titled Building Confidence: Improving the effectiveness of compliance and enforcement systems for the building and construction industry across Australia, was released in February 2018 and contains a number of recommendations which support the MBAâ&#x20AC;&#x2122;s reform priorities, including: >> Recommendations 1 to 4 focus on the registration and training of practitioners. >> Recommendations 5 to 7 address the roles and responsibilities of regulators.

The MBA will be making a submission to the current inquiry into building quality on behalf of our members advocating for the implementation of building reforms

>> Recommendation 8 goes to the role of fire authorities in the building design and approvals process. >> Recommendations 9 to 11 focus on the integrity of private building surveyors. >> Recommendation 12 addresses the issue of collecting and sharing building information and intelligence. >> Recommendations 13 to 17 focus on the issues of adequacy of documentation and record keeping. >> Recommendations 18 to 19 emphasise the importance of inspection regimes. >> Recommendation 20 addresses the issue of postconstruction information management. >> Recommendation 21 relates to building product safety. >> Recommendations 22 to 24 deal with the implementation of the recommendations laid out above. (Source: Building Confidence Summary of Recommendations, page 5)

The MBA believes reforms are needed in three main areas. Firstly, a system of continuing professional development training must be implemented for builders, trade contractors and all other professionals (including architects and engineers) in the construction industry. ACT legislation is already in place which allows government to mandate training for license holders, however this regulatory tool is rarely used.

Secondly, a range of legislative reforms are required in the areas of licensing (including the introduction of trade contractor licensing), building contracts, security of payment, and access to Australian Standards. Wherever possible these laws should be nationally consistent as recommended in the Building Confidence report. And finally, none of these reforms will mean anything if Government is not prepared to properly resource Access Canberra to enforce the law, including enforcement of building certifiers, designers and architects, engineers, builders and trade contractors. The MBA will be making a submission to the current inquiry into building quality on behalf of our members advocating for the implementation of building reforms. In the meantime, members are reminded of their commitment to the MBA Code of Conduct which can be found on our web site. A full copy of the Building Confidence Report can be downloaded at www.mba.org.au.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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LEGALLY SPEAKING

Unjust Enrichment and Quantum Meruit

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

Unjust enrichment is a broad concept, which provides that where someone has received something, when objectively it has a commercial value, that person is said to have benefited unfairly and is required to compensate the other person.

For example, a contract between a builder and developer where the contract describes the wrong developer entity and therefore the developer says I am not required to pay you. What happens in this situation where the Builder has done work? Does that mean that builder is not entitled to payment at all? The law would hopefully step in and would say that it would be unfair or unjust for the developer to have received the work, and not had paid for it.

While it is always better to have an enforceable contract, this does not mean that there is a barrier to compensation

In order for the law to remedy the unjust enrichment, it must be established that there was: 1 / a request for services; 2 / the requested services were performed; 3 / the receiver was aware that the provider of the services expected to be paid for the services; 4 / the receiver enjoyed a benefit as a consequence of the services. Usually, it arises, part from the theoretical example above, where there is any of the following: 1 / a quasi contract in place; 2 / no fixed price; 3 / work done which falls outside the contract; or 4 / a contract which is deemed void or unenforceable. HOW DOES THE LAW CALCULATE THE COMPENSATION? The law does this through the concept of “Quantum meruit”, which means “what one has earned” or “as much as deserved”. The philosophy behind the action of quantum meruit is fair fees for work done. It provides a person the opportunity to claim the reasonable value for services they have rendered even though there is no legally enforceable contract. Interestingly, it can often lead to unusual results.

For example, the evidence might show that the reasonable value for the work was actually more than the price of the quasi contract or unenforceable contract. The principles were once again explored in the recent decision of A & A Martins Pty Limited v Liu [2018] ACTSC 102. The Defendants claimed there was a defect in the contract, as the contract was signed with a different corporate entity and therefore payment was not owing to the Plaintiff. Putting aside claims of defective work, the Plaintiff claimed compensation on a quantum meruit basis saying that the home owner was unjustly enriched. Her Honour agreed saying “the defendants have received a benefit, being the goods delivered and used in the construction of the dwelling…it was an arm’s length commercial dealing between the parties and there could be no suggestion that the plaintiff was purchasing materials, such as bricks and window…for the defendants at no charge”. CONCLUSION While it is always better to have an enforceable contract, this does not mean that there is a barrier to compensation

Authors: Maurice Falcetta and Teresa Tranzillo The information in this document represents general information, and should not be relied for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact Trinity Law. Subject to the limits of the law, Trinity Law disclaims any liability on persons relying on this document.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

NEW MEMBERS

As the peak industry body for building and construction, Master Builders ACT attracts the best in the industry to our membership. We are pleased to introduce these new members to the organisation, and have provided a brief introduction.

ACT DOUBLE GLAZED ACT Double Glazed is a family business, run by David and Sheryl Fisher. David is a fully qualified Carpenter and Joiner with over 33 years in the building industry. Together they have a wealth of experience and knowledge. They provide a service that allows their clients to work with just one business from start to finish. >> ACT Double Glazed specialise in uPVC window and door replacements - supplying and installing only the best products, allowing you to add value and style to your home, while saving money on your energy bills. >> They custom design all windows and doors to suit each space with consideration to air flow, aspect and client desires. >> All their windows and doors are manufactured here in Australia to Australian Standards. >> ACT Double Glazed offers a free measure and quote service to all clients – for existing and new homes. They offer this same service to Architects, Designers and Builders. The ACT Double Glazed team of qualified tradespeople have worked in all aspects of residential construction, and are fully trained in the installation of uPVC double glazed windows and doors. Their customers can rest easy knowing that the best people for the job are working on their investment. E: sales@actdoubleglazed.com.au P: 02 6296 6267

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

ELM BUILDING GROUP Elm Building Group is a solutions-focussed and recognised not only for exceptional quality work, but for the fastidious approach taken. You can always rely on Elm to deliver on time and on budget. However it’s the Elm team culture that has become the company’s trademark. Near enough is never good enough and never will be. By working collaboratively with stakeholders and established networks of reliable subcontractors, Elm is single minded in its quest to achieve high quality finishes and successful outcomes on every project undertaken. Elm has the skills, experience and commitment to deliver a diverse range of projects. From high-end residential and commercial construction to shop, office and other specialist fit outs, Elm’s focus remains steadfast. Recently delivered projects include façade and verge upgrades to the South Point Shopping Centre (Formerly Hyperdome); 1,300m2 of office base building works and fit out; as well as café and restaurant fit outs (Zambrero Westfield Woden, Brew Bar Tuggeranong and Little Istanbul Turkish Restaurant Tuggeranong). Our current projects include several other shop and office fit outs, multi-unit developments and bespoke high-end residential homes. Elm Building Group is equipped to deliver under a range of models, including ‘Design and Construct’, ‘Construct Only’ or ‘Project Management’ services. For further information contact Georgie on 0429 999 928 or visit the Elm Building Group website. www.elmbg.com.au

GINNINDERRY – INSPIRING A NEW WAY OF LIFE The Ginninderry community will be unique in the Capital region. Extending across the ACT/NSW* border to the west of Belconnen it includes the newly named suburbs of Strathnairn and Macnamara. Ginninderry is being developed by a Joint Venture between the ACT Government and Riverview Developments Pty Ltd, the NSW* land owners. From the start, the vision for Ginninderry has been to build a community of international significance, with innovation, diversity and ecological criteria at its core. Now this vision is being brought to life. Achieving a high quality of life for the people ultimately living there is at the heart of the project’s planning and design, with a strong focus on inspiring sustainable living, development practices, and awareness. Over the next 40 years Ginninderry will grow to be a community that exemplifies the world’s best practice in its design, construction and long-term liveability. As a model of sustainable community living, it will be a place and community that can be showcased throughout Australia and internationally. For more information about Ginninderry visit the website Ginninderry.com or call 1800 316 900 *NSW is subject to rezoning approval.

LIGHT HOUSE ARCHITECTURE AND SCIENCE Light House use a scientific approach to find solutions specific to each project and site. Thermal performance modelling at every stage of the design process, and thermal imaging and air leakage testing during construction, are a standard, integrated part of the Light House design and test process, for new houses and major renovation/extensions. The Light House science team also offer a range of standalone energy efficiency services; ideal for people who wish to improve the comfort and efficiency of their home through retrofit measures, rather than by making structural changes and doing major renovations. Through excellent design and scientific testing, we create homes that feel spacious and comfortable, and function beautifully, on a smaller than average floor area. Many of our homes achieve an energy efficiency rating of 8+ stars. These houses require half as much energy per year to heat and cool them to comfortable temperatures, compared to a 6 star home. Our vision is to make energy efficient housing mainstream and be a beacon for positive change in the residential construction industry. As a result, we are committed to helping people with a ‘mainstream’ budget achieve their dream of an excellent, comfortable and affordable home. Level 1 Fyshwick Fresh Food Markets Cnr Mildura St & Dalby St P: 02 6295 2412 E: contact@lighthouseteam.com.au

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

NEW MEMBERS

MONARO WINDOWS Monaro Windows is a local, family owned business that has been servicing the Canberra region for over 30 years. Specialising in energy efficiency, Monaro Windows offers a diverse range of framing and glass options. So there’s something just right for your next project. If you, or your clients want to change the look, or energy efficiency in an existing property, Monaro Windows is now offering a window replacement service. The principals of this family-owned business have not strayed from their original commitment to hands-on customer service. The entire team has adopted the same dedication, ensuring that every experience is informative and obliging. There are two showrooms displaying the latest trends with enthusiastic experts waiting at each location to assist you. By manufacturing all products in the Queanbeyan factory, Monaro Windows is able to employ a large team of locals. They’re also very proud of their longstanding support of many local and national charities and community groups. For quality products and a robust and trustworthy company, don’t go past Monaro Windows in Pelle Street Mitchell or across the border in Stephens Road Queanbeyan. Queanbeyan 02 6299 1515 Mitchell 02 6241 0999 www.monarowindows.com.au

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

OX GROUP Ox Group Pty Ltd service the needs of communications, utilities, construction and infrastructure owners, developers and providers in the provision of trenchless technology solutions – directional boring and drilling; and associated excavation, pit and cable/piping services. Supplementary services include traffic management, vacuum excavation and data/electrical installation, repairs and maintenance. Ox Bore has over 20 years’ experience in directional drilling and runs two fully equipped drill rig setups manned by highly competent crews to support directional drilling/boring and associated requirements. Ox Traffic caters for basic stop/slow routines and pedestrian management to major road closures with crews and equipment tailored to meet specific needs. With a red/orange carder on every crew and staff available to inspect sites, develop TCPs and organise permits, we provide total traffic management solutions. Ox Vacuum Excavation provides non-destructive digging solutions which reduce surface disruption in areas with improved landscapes and projects faced with heritage or environmental concerns. Services offered range from potholing for a fibre installation to supporting a drill rig. Ox Data & Electrical’s licenced electricians offer a variety of civil services relating to open cut excavation, boring, street lighting, connection of nodes and mini-pillars and repairs to and maintenance of the above. www.ox-group.com.au

PROCTOR LEGAL

SYMPATICO PROPERTY STYLING

Proctor Legal, founded by well-respected practitioner Susan Proctor is a property-focussed, specialist, boutique practice.

There’s property styling, and then there’s property styling that actually enhances the perceived value of a home.

This means that all of the combined experience, knowledge, work and industry relationships are focused on helping you and your property requirements.

Sympatico Property Styling is Canberra’s newest boutique property stylist. This Mother and Daughter duo specialise in increasing the value of Canberra homes by appealing to buyers through designer property styling.

Many of the issues faced by Proctor legal clients have been seen time and time again so there is no issue too daunting. But as we all know there are often unexpected surprises. So we bring fresh thinking and innovative solutions to both old and new challenges. As an accredited specialist in property law, Susan always knew her practice would have a property focus. The firm is particularly accomplished in development work, and strata. While newly established the enviable skillset of the newly formed team has been developed over decades. Susan has been working in, and for, the property industry in Canberra and NSW for over 20 years. Her practical and straightforward approach is respected and highly valued by all parties concerned, particularly on those occasions when matters become difficult and challenging. Testament to their standing in the world of property development, Proctor Legal has been engaged by Morris Property Group to complete the legal work for the Park Avenue project ,and is the first firm in Canberra to arrange for electronic exchanges for a development project. P: 02 5104 0750 M: 04 9994 4041 proctorlegal.com.au

Sympatico Property Styling’s aesthetic appeals to discerning buyers with an appreciation of design and a classic sense of elegance. Each home is treated as a unique project with styling tailored to enhance the personality of the space. When styling Canberra homes, Sympatico Property Styling carefully curate every space, leaving no detail spared. They set the mood and atmosphere, fostering a connection with stunning interiors and exteriors. Potential buyers will quite literally aspire to be living there – the ideal scenario to close a sale. Looking to increase the perceived value of your next project? The results speak for themselves. “We recently achieved $300,000 over the owner’s expectations prior to auction on a home styled by Sympatico.” – Brett Hayman, Principal of Australia’s No. 1 Medium Agency. A partnership with Sympatico might just be the best investment you make. To contact Sympatico, phone Debra on 0418 333 963 or Nicky on 0425 371 206, or email debra@sympaticointeriors.com.au

PL MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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EVENTS

President’s Lunches

23rd May Guest Speaker: Mr Mick Gentleman MLA, Minister for Planning and Land Management, Police & Emergency Services, Environment & Heritage and Urban Renewal Sponsored by Chase Building Group

7 June Guest Speaker: Mr John Dietz, Chief Executive of the Suburban Land Agency Sponsored by CBRE (L to R) – Michael Heather (CBRE), Gracie Ferreira (MBA), John Dietz (Suburban Land Agency) and Michael Hopkins (MBA)

12 June Guest Speaker: Mr Zed Seselja, Liberal Senator for the ACT Sponsored by Hays (L to R) – Michael Hopkins (MBA), Tim Johnston (Hays), Gracie Ferreira (MBA), Senator Zed Seselja and Jamie Masters (Hays)

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

An investment in knowledge always pays the best interest. Benjamin Franklin

26 July Guest Speaker: Ms. Sally Barnes, Chief Executive, National Capital Authority Sponsored by Shaw Building Group (L to R) – Valdis Luks (Shaw Building Group), Ms Sally Barnes (National Capital Authority), Gracie Ferreira (MBA) and Michael Hopkins (MBA)

2 August Guest Speaker: Mr David Nicol, ACT Under Treasurer Sponsored by CHC (L to R) – Gracie Ferreira (MBA), Mr David Nicol, Megan Ward (CHC), Michael Hopkins (MBA)

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2018

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