13 minute read
branch update
VIC BRANCH
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BRANCH UPDATE
Pawel Podolski NECA VIC Executive Director Dean Spicer NECA VIC President
Welcome to all our readers! please join us again on a voyage, exploring some of the updates on what’s been happening in Victoria in recent times. A particularly warm welcome to all our new members of our NeCA Victoria community, as you start your journey with NeCA. Firstly, we would like to acknowledge one of our long-standing NeCA Life members and ex-National president, Neville palmer, who has passed away since the last magazine edition. Having served as NeCA National president, NeCA Victoria president, board member on the NeCA Foundation and a Director of Australian Cabler registration Service (ACrS), Neville remains in our hearts and will be remembered for his tireless dedication to growing and strengthening the electrical industry. Neville was a mentor for the whole industry, for contractors and NeCA staff alike, and anyone he engaged with around him. He will remain part of the NeCA fabric forever and will be deeply missed. Our industry is currently going through some interesting changes, as we normalise after two very distracting years, and deal with some more recent macroeconomic challenges. the supply chain challenges, skills shortages, inflationary pressures and the like are starting to have an impact on many businesses. this is forcing many contracting businesses to look to more creative ways to both cut costs and derive efficiencies from the services they subscribe to. One of these services is NeCA, and we encourage all our members to tap into the breadth of services available to them, as well as the many discounts and exclusive deals that NeCA membership offers. NeCA has also been working on new solutions to support our industry, and more importantly – help avoid businesses having to hire more specialised business support resources, or having to enter long term multi-year subscription commitments to get the right business support. If your business is dealing with issues like unrecovered debt or performance conduct issues, not winning tenders, poor culture or staff engagement, union jobsite issues, contract disputes, inadequate terms and conditions, or a lack of outof-the-box human resources documents and contracts – NeCA’s newly launched business Solution Hub might have some very cost-effective answers for you. the purpose of ‘the Hub’ is to assist contracting businesses with cost efficiencies and reducing the burden of compliance requirements in our increasingly complex business world – all without adding significant costs or overheads. NeCA members have access to exceptionally deep discounts rates against standard commercial pricing for the above services. Give the team at business Solutions Hub a call on 1300 445 687 or visit the website: businesssolutionshub.com.au/neca-vic – it might just give you some good creative ideas as to how to evolve your business model. I would also like to take the opportunity to acknowledge mark Falloon, one of our long-standing Council members and treasurer, who has provided NeCA Victoria’s members tireless service since 2015. On behalf of the NeCA Victorian Council and NeCA’s membership, Dean and I would like to take the opportunity to thank mark for his contributions and wish him all the very best. to anyone else who is thinking about taking a career break or change, in the upcoming articles you may find some food for thought about options outside of working on the tools or running contracting companies. What is one of the best ways to give back to the industry? Some would argue it’s sharing our knowledge and experience with the next generation. If this is something you think you might enjoy, then maybe it’s time to consider trade teaching. NeCA education and Careers has a specially designed pipeline teacher program to help tradies become successful electrical trade teachers. Find out more on the following pages. enjoy the read folks and as always – we remind you to maximise and access the wide range of services available to you through your membership.
ELECTRICIANS REMINDED TO KEEP POWER OFF UNTIL ALL PRESCRIBED WORKS ARE INSPECTED
energy Safe Victoria (eSV) is reminding electricians that all prescribed work, including switchboard replacements, need to be inspected by a licensed electrical inspector before it’s connected to the energy supply.
this reminder has been prompted by the delivery of the Residential Tenancies Regulations 2021, which mandates that all rental property switchboards are fitted with safety switches from 29 march, 2023.
these regulations are expected to result in a sharp rise in the number of switchboard replacements carried out across the state over the next seven months.
eSV is also highlighting this message in response to a number of recent incidents involving prescribed work, including replacement switchboards, where installations were connected to an electricity supply before they were inspected.
please note, the requirement to ensure power remains off after completing prescribed work was established under the Electricity Safety Act 1998, as a way to protect the community from house fires and electrocution.
eSV understands there are circumstances when electrical equipment needs to be energised to test or commission. However, energising electrical equipment should only be done after all other visual inspections and testing has been carried out in order to verify that the electrical equipment is safe to energise by electricans.
Additionally, the electrical equipment must be de-energised after the testing or commissioning is completed and must remain disconnected from the electricity supply until the work has been inspected by an inspector. prescribed work includes but is not limited to works involving consumer’s mains and main switchboards, as well as switchboards and sub-mains supplying individual units, flats or apartments. Additionally, prescribed work includes high voltage installations, electrical installations in patient areas, generation systems and electric security fences.
to ensure industry is able to cater to the increased demand while meeting requirements within the Electricity Safety Act 1998, electrical workers are urged to plan ahead, by working closely with both inspectors and customers.
this will ensure inspectors are able to attend and inspect as soon as possible after the work is completed, resulting in as little inconvenience to tenants and owners as possible.
the purpose of both the Electricity Safety Act 1998 and Residential Tenancies Regulations 2021 is to protect the safety of all Victorians. We understand the logistical challenge faced by electrical workers organising inspections and value the essential service they provide to Victorians.
eSV will be supporting electrical workers by providing details of common noncompliances (and what to do to avoid them) found in our audits. We expect electrical workers to use this information to modify their work practices to ensure compliance.
eSV may initiate enforcement action when electrical workers are not responding to the education material provided and are repeatedly delivering non-compliant works.
While we acknowledge there are currently shortages in the number of licensed electrical inspectors, eSV is working with Solar Victoria and the Victorian Government to deliver a support and mentoring program, which will increase the number of trained inspectors.
Marnie Williams
ESV Commissioner and Chairperson www.esv.vic.gov.au
ESV WARNING REGARDING SWITCHBOARDS ON RESIDENTIAL BUILDING SITES
energy Safe Victoria (eSV) has become aware of a trend of non-compliant underground consumer’s mains being installed on residential construction sites.
the Electricity Safety (General) Regulations require underground consumer’s mains installed on a construction site to be mechanically protected up to and into the switchboard/ metering enclosure. Specifically, they must:
½ be double insulated up to the first protective device within the switchboard or metering enclosure; and ½ be enclosed in compliant heavy duty nonmetallic conduit from the point they exit the ground up to the point at which they enter the switchboard/metering enclosure; and ½ be provided with additional mechanical protection from the point they exit the ground up to within 100mm of the switchboard/metering enclosure that is constructed of either: a galvanized steel tube with a wall thickness of at least 3.2mm; or a 1.6mm thick or greater, sheet steel cover with an unsupported width not exceeding 100 mm.
to discuss this matter further, contact the NeCA Vic technical team via email at technical@neca.asn.au
NEW NOTICE TO MARKET FROM SOLAR VICTORIA
the Solar Victoria Notice to market sets out the mandatory and recommended requirements for retailers and installers to participate in the Solar Homes and Solar for business programs.
the requirements outlined in the Notice to market focus on worker and customer safety, fit for purpose and future-proofed product installations and ensuring all Victorians benefit from clean and affordable solar energy.
the new Notice came into effect as of 1 July 2022 and there are five new recommended requirements, relating to product and system updates, as well as additional obligations for retailers.
LABOUR HIRE ARRANGEMENTS
DO YOU KNOW THE INS AND OUTS?
In 2018, Victoria became the third state in Australia to pass legislation the Labour Hire Licensing Act 2018 (the Labour Hire Act) that implemented labour hire licensing requirements. With the implementation of the Labour Hire Act, providers and host employers now have obligations they need to comply with, otherwise they face heavy penalties for any unlawful conduct. to understand what “labour hire” is and the obligations of providers, please refer to the Labour Hire Arrangements – providers article by Constructive Legal Solutions at www.bit.ly/labourhirecls
Utilising labour hire workers has its advantages and disadvantages, and we address them in the table below.
Documents to request from providers
When you engage with labour hire firms, it is advisable that you require them to hold a labour hire licence and to also provide you with proof of insurance coverage for items such as workers compensation and public liability.
Advantages
½ Host employers are able to maximise their assets, having someone fill in while an employee is away on long term leave. ½ Where workloads increase, host employers can meet demands without going through lengthy processes of recruitment. ½ Costs of employment may be avoided – e.g. accrual of leave entitlements, workers compensation, etc. ½ Claims of unfair dismissal or industrial relations issues on employment may be avoided. ½ It can be highly beneficial in situations where the host employer only requires a worker for a short duration or for the completion of specific tasks. ½ It allows the host employer to fill any skills gaps in its own employee pool.
Payment of labour hire workers
A host employer has a commercial contract with the labour hire provider where labour (the worker) is supplied. As the worker performs work, the host employer pays the labour hire provider who in turn pays the worker.
Importantly to note is that there is no contract between the worker and the host employer, and therefore the amount of claims a worker can make against a host employer is very limited. Instead, these workers would be able to make claims against the labour hire provider who is in fact classified as their employer.
However, in situations where the labour hire provider and the host employer are related entities, it may be found that the host employer is in fact the employer for the worker.
Managing the safety of labour hire workers
Just recently, the Occupational Health and Safety Act 2004 (the OHS Act) was amended to ensure that labour hire workers have the same rights and protections as direct employees of a host employer. the definition of “employer” and “employee” in the OHS Act was extended to identify labour hire workers as employees of both the labour hire provider and the host employer.
this means that both the labour hire provider and the host employer are responsible for the safety of labour hire workers and share responsibilities for their health and safety.
these shared responsibilities include:
½ training; ½ assessing risks – ensuring there are no gaps in health and safety for labour hire workers; ½ providing and maintaining a working environment that is safe and without risks to health and safety; ½ monitoring the health of employees; ½ monitoring conditions in the workplace.
therefore, host employers should work with labour hire providers to consult, cooperate and coordinate with one another, as reasonably practicable, to ensure the health and safety of the labour hire workers.
WorkSafe has published specific guidance to assist duty holders in complying with their new requirements.
Failure to comply with consultation requirements can expose duty holders to a fine of 180 penalty units (as of the date of this article around $32,000) for individuals and 900 penalty units (as of the date of this article around $163,000) for bodies corporate.
If you are intending on engaging with a labour hire service provider, have questions around existing arrangements, or concerns around the recent changes regarding health and safety obligations for a host employer, you may contact us on 1300 632 247 or admin@constructivelegalsolutions.com.au
We are also able to assist with drafting a labour hire agreement, and have a labour hire briefing document that can be made available to you on request.
Disadvantages
½ Host employers may be liable for any damage/injury in certain circumstances. ½ Labour hire providers may be supplying workers to a host employer’s competitor, which may lead to issues of conflict of interest or confidentiality. ½ Where a host employer has a strong union presence on its sites, unions may oppose such an arrangement. ½ the host employer may experience a loss of in-house skill. the labour hire worker would be trained up in the company’s processes, and upon completion leave the host employer, taking the time spent training, and the experience built, with them. ½ the host employer is reliant on the labour hire provider and could be left without workers if the provider faces industrial problems or goes bankrupt.
Saras Varatharajullu
Constructive Legal Solutions
LAUNCH OF THE CONTINUOUS PROFESSIONAL DEVELOPMENT PROGRAM
NeCA CONSISteNtLY SUppOrtS INItIAtIVeS tHAt HeLp Keep VICtOrIANS SAFe AND eNSUre tHe HIGHeSt StANDArDS pOSSIbLe IN OUr eLeCtrICAL INDUStrY.
Over the last 18 months, NeCA has been actively involved in influencing, developing, and reviewing the Victorian Continuing professional Development (CpD), a program for electrical license holders to maintain, improve, broaden, and enhance their knowledge, skills, and competence. It will take place in carefully selected regional and metropolitan Victorian locations, using professionally prepared materials in a classroom setting. each eight-hour session will include approximately 60% hands-on training for electricians.
NeCA’s representatives, technical managers michael Weekes, and Louis Knoops along with the Victorian branch of the etU and the Institute of electrical Inspectors provided expert advice and input to design and implement the CpD program. NeCA has also greatly contributed to encouraging reluctant electricians to participate through our continuous CpD discussions during our state-wide NeCA events.
this Victorian CpD program seeks to promote safer and better work practices for everyone in the industry by raising the level of skills and competency for electrical workers. An exciting opportunity for all license holders to improve their skills and maintain the industry’s high levels of professionalism, thereby protecting the trade from suspicious operators.
It will also increase the incentive for Victorians to only deal with appropriately qualified license holders, making the community safer. the energy minister, Lily D’Ambrosio announced that “the eight-hour Skills maintenance course will also be free thanks to $7.2 million in funding from the Victorian Government over the next five years.” NeCA encourages electrical license holders to participate in the CpD program. remember, we cannot afford to be complacent, no matter how experienced we are, especially in this safety-critical industry.
Louis Knoops NeCA technical manager, Hon Lily D’Ambrosia minister for energy, environment and Climate Change, Michael Weekes NeCA technical manager and Stuart McIntosh Director, electrical Inspections Victoria.
this is an exciting opportunity for Victorian electrical licence holders, which will not only enhance skills and preserve the industry’s high levels of professionalism, but will also reduce complacency across the sector. this program will help to deliver the highest possible standards of electrical work, with workers required to complete eight hours of training every five years. the training is being delivered by trusted professionals and has been devised and agreed upon by industry experts, and is enthusiastically supported by unions, employers and government.”
Leanne Hughson energy Safe Victoria CeO
Michael Weekes
Technical Manager, NECA Victoria
