The legal nuts and bolts for builders.

Your MBA membership provides access to a wide range of advice services, and this will never change. But sometimes you need more than advice. And for smaller businesses or contractors, legal representation can be daunting and simply not affordable. That’s where MBA Legal comes in – a specialist legal practice that gives our members access to a legal team who can manage a range of matters on an affordable fee for service basis.

Introducing affordable legal representation for MBA members. mba.org.au/legal

MBA Legal Service Focus –

Mediation

Disputes between a builder and a client or subcontractor can occur for several reasons during the construction process – commonly because of a breakdown in communication. Whether the matter is resolved or leads into legal proceedings can depend on the nature of the dispute and the willingness of the parties.

Some construction contracts will require the parties to attempt to resolve the matter between themselves before taking further legal action. The use of an accredited mediator is often prescribed and is certainly recommended.

MBA Legal now offer mediation to assist members with resolving disputes quickly and with less expense than litigation.

WHAT IS MEDIATION?

Mediation allows the parties to work together with the mediator’s support to clearly set out the expectations of the parties, identify and clarify issues and explore options to reach a mutually acceptable outcome, when possible.

The role of the mediator is to facilitate the process so the parties can focus on the issues rather than decide on the outcome to be imposed to resolve issue/s between the parties.

WILL MEDIATION BENEFIT EVERYONE?

In most cases, mediation can be useful in assisting parties to resolve outstanding issues where both parties are willing to work together. There might be some instances where mediation may not be appropriate, such as a complete breakdown in communication between the parties or where one party is not willing to work with the other.

There are several benefits of mediation, when the parties can work together:

> The process is efficient

> The parties remain in control of the outcome

> The parties can establish better lines of communication, which benefits their future relationship

> Both parties are active participants in the process allowing their ‘side’ to be heard

> Reaching a mutually agreeable outcome can often prevent an expensive legal battle

When a matter proceeds to litigation, the court will usually order the parties to attend mediation to assist the parties in settling any issues in dispute before listing the matter for hearing.

MBA Legal now offer mediation to assist members with resolving disputes quickly and with less expense than litigation.

For further information about the services provided by MBA Legal, contact 6175 5900 or email legal@mba.org.au

EVENT WRAP-UP: 2023 Master Builders Apprentice Awards

On Friday 9 February 2024, Master Builders ACT partners, apprentices and guests gathered to eat, drink, win door prizes and, most importantly, celebrate the finalists and winners of the 2023 Apprentice Awards. Nearly 170 people attended the festivities in the Master Builders ACT Workshop, with just 14 of that number walking away with awards.

From Stage 1 of the Certificate III in Carpentry, the winner from each class was Blake McCormack, Benjamin Robertson, Nicolas Stewart and Harvey Jack. Harvey also took home the overall Stage 1 award for excelling at theorybased work and taking the initiative to undertake additional tasks. His dedication extended beyond the essentials, encompassing the completion of ‘little things’ that exemplify a qualified carpenter. Harvey’s generosity, positive attitude and relentless pursuit of improvement garnered the respect of both peers and his trainer.

Awards

From Stage 2, the class winners were Beau Haddad, Leon Wregg, Sam Alexander and Ken Scruton. Ken was presented the overall award for Stage 2 for his ability to lead a project and work through the required steps using practical problem-solving skills, which assisted both him and his classmates. Ken made great contributions to class discussions by recounting what he was seeing on site and his past experiences. Ken’s passionate approach to all aspects of carpentry and his punctuality are a positive influence in both the classroom and the workshop.

From Stage 3, the class winners were Oscar Miller, Joshua Jenkins and Jack McCallion. Jack was also awarded Apprentice of the Year by his trainer Malcolm Beer. Malcolm described Jack as ‘a punctual student and great collaborator with communication skills, willingness to lead, willingness to assist others and dedication to upholding high standards and expectations throughout projects. These skills will serve him well in his career, as well as those around him.’ You can read more about Jack’s experiences in carpentry on page 43.

Congratulations to everyone who was nominated and all the commendable students who won an award.

In addition to the carpentry awards, there were two other categories presented on the night. The first was the 2023 Certificate IV in Building and Construction Student of the Year. This was awarded to Blake Tomkins for his thorough understanding of how the building process works and ability to verify onsite requirements. Blake works easily in a team – producing quality work while communicating well with trainers and students. He was not just a model student, but his interactions added value to the training sessions for all involved.

The second category was OzHelp’s Frank Arsego Mental Health and Wellbeing Award. Stage 1 and Stage 2 apprentices who met the demanding selection criteria and participated in the Life Skills Toolbox Program were nominated for this award. The inaugural award was presented to Emmi Lee for her strong understanding of the importance of life skills as a foundation for good mental health and wellbeing. Emmi made a significant contribution to classroom sessions and showed her ability to transfer her learnings to her training and working environments.

Congratulations to everyone who was nominated and all the commendable students who won an award. A big thank you to Bosch and Total Tools Fyshwick for partnering with Master Builders to provide the winners with their fantastic prizes, as well as the door prizes won by 16 lucky guests.

MEET THE 2023 APPRENTICE OF THE YEAR: Jack McCallion

Jack first delved into carpentry during high school, when he completed an elective course called construction pathways. He learned about the building industry and carried out work experience with multiple carpentry companies, including the one he is currently employed under.

After school, Jack spent a year as a labourer for a landscaping company. At the time, his brother was a qualified carpenter at one of the companies that Jack completed work experience with. When he spoke to his brother’s boss about possibly labouring for that company, he was offered an apprenticeship instead.

As an apprentice, Jack worked on many projects, including a heritage Forrest renovation that had a modern touch. Jack fondly remembered the home as one of his first big projects and said, ‘I learned a lot working on that house and the end result of the build was incredible’.

Jack most enjoyed the practical training and found the advanced roofing task to be his favourite experience in the Master Builders workshop. He said, ‘The trainers put in a lot of effort to help with your understanding of the task at hand’.

On site, he drew satisfaction from seeing how far he’d come over the course of three years, saying ‘You start the apprenticeship really not knowing much at all and over time your confidence grows; you become more competent with the tasks at hand’.

Over the next couple of years, Jack aims to continue growing his experience with Pichelmann Custom Building as a carpenter. He is excited by the many pathways and opportunities to pursue in the industry, as well as always having something he can fall back on if he ever does try something different.

For now, his proudest achievements include completing his apprenticeship and receiving the 2022 Stage 2 and 2023 Apprentice of the Year awards.

To up and coming carpenters, Jack advised, ‘I’d just say go for it, you get so much out of the trade in terms of necessary skills like problem solving and craftsmanship. It also opens up opportunities once you’re qualified, such as starting your own business, foreman roles or project management’.

Congratulations, Jack.

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Building Opportunities through Carpentry Apprenticeships

There are significant skills shortages among the building and construction workforce. Approximately half a million new workers are estimated to be needed by 2026, seven thousand of those in the ACT, to deliver on much needed housing and infrastructure. This means that, if the industry is to keep up with demand in coming years, significant increases in apprenticeship starts and completions are needed.

Across Australia, in the year to June 2023, 23,297 building and construction apprenticeships were completed. Simultaneously, a further 41,552 apprentices and trainees began their training. At the end of June 2023, 122,677 building and construction industry apprentices were in training.

To support the increase of these numbers, the Australian Government is offering a Priority Wage Subsidy that enables eligible employers to claim:

> 10% of wages paid to the apprentice (up to $1,500 per quarter) for the first two years of the apprenticeships; and

> 5% of wages paid to the apprentice (up to $750 per quarter) for the third year.

To assist apprentices with cost of living, eligible apprentices undertaking a Certificate III qualification that is listed on the Australian Apprenticeships Priority List are paid in four instalments at 6, 12, 18 and 24 months:

> $1,250 for full time (for a maximum of $5,000); or

> $625 for part time (for a maximum of $2,500).

Moreover, the employer is responsible for work-related expenses such as personal protective equipment, travel allowance and textbook costs. With the current skills shortage and the funding available for apprenticeships, it has never been a better time to be an apprentice, or to host an apprenticeship.

In addition to these benefits, if your apprentice attends MBA Group Training (MBA GT), they will be offered the unique delivery schedule of block release training. At MBA GT, training is delivered in a block of 5 days conducted within a single week, with a total of 6 weeks per year for full-time apprentices. Employers can plan for the 6 weeks in advance, with training dates provided to apprentices for the full 12-month period. This gives apprentices the advantage of being able to immerse themselves in their theoretical training and complete their classroom and extensive practical training assessments within a week rather than spread out over a month.

MBA GT apprentices are also supported by a custom designed mental health program delivered by the OzHelp Foundation. This program is provided in addition to support and mentoring provided by our high quality trainers, employers and the entire Master Builders member network.

After consulting the first-year Certificate III in Carpentry apprentices training with MBA GT, it was apparent that almost all the apprentices entered their role because they enjoy learning new and practical skills. The general consensus in the group was that their current end goals are to grow their knowledge and eventually run a business. Though, what running a business meant varied from person to person, with some wanting to work as subcontractors, some wanting to work their way up within an organisation and others wanting to renovate or flip houses.

The opportunities unlocked by a carpentry apprenticeship are truly diverse and exciting.

Our construction teams are market leading

The team has provided a vast amount of supplies to many ACT landmark projects, including Parliament House, Black Mountain Tower, Cotter Dam, National Portrait Gallery, Gungahlin Marketplace, the upgrade of the Canberra Centre and the light rail.

The Cotter Dam enlargement between 2009 and 2013 was a standout project for its scale and the unique solutions required. The task involved concrete repair, grout enrichment and concrete admixtures throughout the construction of the new 80-metre high roller-compacted concrete dam wall, positioned roughly 100 meters downstream from the original. They innovatively fought the hot weather conditions during concrete pours by providing four tonnes of ice daily over two weeks.

CE Construction Solutions has actively contributed to the Strathnairn Charity House and are involved in organisations like NAWIC, ACRA and Supply Nation. Championing diversity and equality in the construction sector is core to the CE Construction Solutions ethos, which revolves around their awareness that they are not just a part of the community but are taking immense pride in building it.

Congratulations, CE Construction Solutions.

Build a property to sell or rent with a secure, long-term tenant already in place. Including guaranteed* rent.

Learn how you can work with Defence Housing Australia to build properties that take advantage of our unique long-term lease with guaranteed* rental income and a range of property care services.

Scan to attend our next webinar to find out more.

To find out more, visit dha.gov.au/builder-partnerships or call 133 342

* Rent may be subject to abatement under certain circumstances such as loss of enjoyment or amenity, or breach of lease terms. Rent is paid where the property is habitable. Should a property become uninhabitable during the term of the lease, or lessor breaches the lease terms, the rent may cease or abate and the lease may be terminated by DHA. Guaranteed rent is subject to the terms of the lease. DHA does not take into account an investor’s objectives or financial needs. Investors should always seek appropriate independent advice before making any investment decisions with DHA.