+ All Categories
Home > Documents > 2015 MB NSW Magazine Jun-Jul

2015 MB NSW Magazine Jun-Jul

Date post: 22-Jul-2016
Category:
Upload: crowther-blayne-media-specialists
View: 485 times
Download: 6 times
Share this document with a friend
Description:
The Master Builder Magazine is an established and trusted medium that delivers timely and reliable information to the New South Wales building and construction industry.
76
Official Magazine of the Master Builders Association of NSW | Issue Three | June/July 2015 TIME TO SHINE FOR NSW BUILDING AND CONSTRUCTION CALL FOR RETURN OF THE CLERK OF WORKS END OF FINANCIAL YEAR RELIEF CHANGES TO HOME BUILDING COMPENSATION FUND ANNOUNCED Print Post Publication No. PP100003016
Transcript
Page 1: 2015 MB NSW Magazine Jun-Jul

Of�cial Magazine of the Master Builders Association of NSW | Issue Three | June/July 2015

■ TIME TO SHINE FOR NSW BUILDING AND CONSTRUCTION■ CALL FOR RETURN OF THE CLERK OF WORKS■ END OF FINANCIAL YEAR RELIEF■ CHANGES TO HOME BUILDING COMPENSATION FUND ANNOUNCED

Official Magazine of the M

aster Builders Association of NSW | Issue Three | Jun - Jul 2015

Print Post Publication No. PP100003016

Page 2: 2015 MB NSW Magazine Jun-Jul

Tab Inclusions Silver Gold Platinum Platinum +

Measuring Unit Folder

Assembly Folder

Elemental Folder

Pro-forma Ordering

Optional Extra: Cordell CUSTOM Take-Off Tab

Custom-made Folders

Page 3: 2015 MB NSW Magazine Jun-Jul

Verify.(verb.) To ascertain the truth or correctness of, as by examination, research.

Visit www.steelcompliance.com to help manage your steel product compliance risks.

• Why the need for compliance – The reasons you need to consider obtaining third party certificates of product compliance• What is steel compliance – Detail on different types of compliance and certification of construction steel and other building products• Who offers steel compliance – Detail on who provides what in product certification and comparison of the apples and oranges• How to ensure steel compliance – Detail on how to specify and check Certificates of Steel Product Compliance

Non-compliance is just not worth it. Get the facts! Register for Steel Certification News at www.steelcompliance.com

For more information call ACRS on (02) 9965 7216 or visit www.steelcompliance.com

ACRS – The Australasian Certification Authority for Reinforcing and Structural Steels Ltd ABN 40 096 692 545

As construction professionals, using non-compliant steel could be your worst decision.

Non-compliant steel is a manageable risk. www.steelcompliance.com is a comprehensive information source on what customers, specifiers, users and certifiers

need to know about proving compliance of construction steel products to Australian and New Zealand Standards.

Page 4: 2015 MB NSW Magazine Jun-Jul

contents

Disclaimer: The Publisher and the Master Builders Association

of NSW, their employees and agents take no responsibility for

any inaccuracies or omissions. The opinions are those of the

contributors and not necessarily of the Publishers nor of the

Association. No warranty is given and no liability is accepted.

Products and Services appearing in Master Builder are not

necessarily endorsed by the Publisher or the Association.

While every care has been taken during production, the

publisher(s) do not accept any liability for errors or omissions

that may have occurred.

SALES MANAGER: Peter Shepherd EMAIL: [email protected] SALES: Peter Shepherd, Craig Flenley, Rose Delosreyes, Paul Baird

EDITOR: Samantha Regan

GRAPHIC DESIGN TEAM: Byron Bailey and Andrew Crabb

PRODUCTION: Brooke Travers

PRINT: Newstyle DISTRIBUTION: Newstyle

CONTACT DETAILSPO Box 824 Surfers ParadiseQLD 4217TEL: 1800 222 757FAX: 1800 063 151 EMAIL: [email protected]: www.crowtherblayne.com.au

IN THIS ISSUE:

REGULARS Contact List 4President’s Viewpoint 6Executive Director’s Viewpoint 8Newsbrief 10Regional Roundup 15Dates for your Diary 54The Way We Were 68

FEATURES Let’s have a proper housing debate 18

Housing Time to shine for NSW building and construction 20Call for return of the clerk of works 22

Apprenticeship NSW government policy on aboriginal participation in construction 24Master Builder apprentice – Marcus Hajjar 25My worker’s compensation experience 26

Workplace Health and Safety Federal court supports zero-tolerance drug and alcohol policies 28Virtual reality superimposes safety at work scenarios 29

Finance Tax break for builders can only be claimed once new law takes effect 32New lending flexibility opens doors for SMES 34

Insurance Changes to home building compensation fund announced 35

Legal Do building consultants owe prospective property buyers a duty of care? 36

Industrial Relations Industry award provides clarity over pay in wet weather events 38Should your new worker be a contractor of employee? 40

Training Keep up to date with regulatory changes and technology 42Develop valuable skills for work and life 43

Technology Smartphones can do more than connect you to your customers 44

Policy Priorities Inconsistent regulations are impacting on Australia’s construction sector 46

Membership Rock & roll builder lays his ‘cards on the table’ 48Net zero energy consumption for Cordeaux Heights home 49End of financial year relief 50New members 51

GENERAL FEATURES Insulation Eliminate unwanted noise safely through acoustic insulation 56

Windows and Doors Window installation – the building industry’s Achilles heel 58

Directory 62

What’s New 64

*Comparison to USG Boral standard plasterboard© 2015 USG BORAL. All rights reserved. The trademarks USG BORAL, SAG-DEFYING STRENGTH, and INNOVATION INSPIRED BY YOU are trademarks of USG Boral Building Products or one or more of its a� liates. SHEETROCK is a trademark owned by United States Gypsum Company and used under license.

DON’T LET INFERIOR BOARDS COME BACK TO BITE YOU.Introducing USG Boral Sheetrock® Brand Ceiling Board. 15% lighter than standard ceiling board*.

A consistent core that’s easier to score and snap. And Sag-Defying Strength™ for superior performance that reduces the chance of breaking during installation. So builders

can do what they do best. Only faster, longer and with better results. USGBoral.com

2

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 5: 2015 MB NSW Magazine Jun-Jul

*Comparison to USG Boral standard plasterboard© 2015 USG BORAL. All rights reserved. The trademarks USG BORAL, SAG-DEFYING STRENGTH, and INNOVATION INSPIRED BY YOU are trademarks of USG Boral Building Products or one or more of its a� liates. SHEETROCK is a trademark owned by United States Gypsum Company and used under license.

DON’T LET INFERIOR BOARDS COME BACK TO BITE YOU.Introducing USG Boral Sheetrock® Brand Ceiling Board. 15% lighter than standard ceiling board*.

A consistent core that’s easier to score and snap. And Sag-Defying Strength™ for superior performance that reduces the chance of breaking during installation. So builders

can do what they do best. Only faster, longer and with better results. USGBoral.com

Page 6: 2015 MB NSW Magazine Jun-Jul

contact list

MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES

52 Parramatta Road, Forest Lodge NSW 2037 / Private Bag 9, Broadway NSW 2007Tel: 02 8586 3555 | Fax: 02 9660 3700 Email: [email protected] Website: www.mbansw.asn.au | ABN 96 550 042 906

EXECUTIVE BOARD

Paul Maginnity PresidentRoss Mitchell Deputy PresidentGordon Leggett Immediate Past PresidentScott Nash Vice PresidentMartin Patience Vice PresidentSimon Pilcher Vice PresidentChris Calderbank-Park Vice President

EXECUTIVE

Executive Director Brian Seidler 8586 3503Executive Assistant Amanda de Vries 8586 3507

MBA INSURANCE SERVICES

State Manager Luke Hueston 8586 3519Senior Account Manager Edwina Lyall 0412 806 700Account Executive - General Malcolm Foung 8586 3556 Adam Myers 8586 3501 Dele Omisore 8586 3583 Erroll Wong 8586 3568Authorised Representative - Adam Fawcett 0466 770 910Capital & Construction Risk Managers Pty Limited Account Executive - Home Warranty Daniel Vine 8586 3566 Jayne Pan 8586 3528Account Executive - Warranty Joel Beater 8586 3565National Business Development Manager (Surety) Bill Korakis 8586 3541Business Development Manager (NSW) Leeanne Farmer 8586 3512

MASTER BUILDERS FINANCIAL SERVICES

Broker Ogarit Kelley 0414 919 194 1300 760 366

MEMBER SERVICES

Manager Member Services Graham McGuiggan 8586 3554Membership Coordinator Paul Love 8586 3540 0413 306 556Membership Representative Mark Shearwood 8586 3520Member Services - Administration Joan Ah-Hen 8586 3515Member Services - Administration Samantha Bell 8586 3572Member Services - Administration Susie Bell 8586 3581

TRAINING

Compliance and Quality Officer Timithy Rolls 8586 3560Short Course Coordinator Jake Curran 8586 3534Training Manager Darin Grace 8586 3579Short Course Administrator Madison Brown 8586 3576Short Course Administrator Vanessa Herrera Coordinator Cert IV-VI Dean Edser 8586 3548Qualifications Administrator Nicole Midolo 8586 3521Qualifications Administrator Jade Lane 8586 3582Cert III Coordinator Carson Gao 8586 3559Admin Assistant in Cert III Michelle VellaCert III Administrators Jason Kim  8586 3544Admin Assistant in Cert III Stephaney GuanAdmin Assistant in Cert III Penny McDonald Workplace Assessor - Painting Andrew Turner 8586 3578Training Accounts /Administration Coordinator Sharon Eakin 8586 3553Receptionist Laura Weston 8586 3588Administration Assistant William Louie 8586 3563 Nicole Daws 8586 3514MBA Skill Recognition Centre 1300 884 315

NORWEST EDUCATION CENTRE

5 Burbank Place, Baulkham Hills NSW 2153 Reception Laura Weston 8586 3588Executive Office 8586 3557

APPRENTICESHIP SERVICES

Apprenticeship Services Manager Karen Kellock 8586 3538Apprenticeship Services Coordinator Perry Wynn 8586 3533Apprenticeship Payroll Supervisor Maria-Luisa Branezac 8586 3536Apprenticeship Payroll Teigen Morier 8586 3542Apprenticeship Field Officer Paulo Atienza 0423 025 380Apprenticeship Field Officer Ben Mitchell 0412 499 754Apprenticeship Safety Officer Frank Luppino 0401 998 853 Apprenticeship Mentor Donna Seidler 0413 316 407

HOUSING

Director - Housing Peter Meredith 4323 4588

LEGAL

Head Solicitor Robert Collings 8586 3517Solicitor Hannah Shephard 8586 3517Legal Assistant Renee McKeown 8586 3517

INDUSTRIAL RELATIONS AND SAFETY

Director Construction Peter Glover 8586 3535Executive Officer Safety David Solomon 8586 3552Industrial Relations Officers Rod Grace 8586 3574 Nicholas Arends 8586 3573 Iain Jarman 8586 3502

Safety Officer Chris Schultz 8586 3522Trainee Safety Officer Leon Lenzo 8586 3524IR Administration Officer Judy Macgregor 8586 3531Secretary Beverly Glover 8586 3523

EVENTS & BUSINESS DEVELOPMENT

Awards Coordinator Susan Manning 8586 3506Assistant Awards Coordinators Helen Harris 8586 3564Special Projects Officer Amanda Kelly 8586 3504Business Development Manager Juliet Pratley 0421 050 395

OPERATIONS

Director, Operations Craig Donovan 8586 3537Government Projects & Programs Manager Omesh Jethwani 8586 3539Communications Manager Steven Swan 8586 3562IT Systems Manager Amanda Kernaghan 8586 3580 IT Support/Webmaster Alexander Ashley-Carrington 8586 3525

FINANCE & ADMINISTRATION

Director Finance & Administration Arthur Johnson 8586 3508Accounts Supervisor Strebre Delovski 8586 3511Credit Control Manager Leon Kopcikas 8586 3509Credit Officer Frank Chevell 8586 3567Inventory & Property Administration Officer Rheannon Vea Vea 8586 3527Accounts Payable Officer Bridget Delmore 8586 3510Reception #2 8586 3526Fishbowl #2 8586 3530Charles Martin Room 8586 3546

RECEPTION

Receptionist Joanne Papageorge 8586 3555 Daniela Fraumeni 8586 3555

REGIONAL OFFICES

NEWCASTLE OFFICE

Level 1, 165 Lambton Road, Broadmeadow NSW 2292 Tel: 4953 9400Hunter Region Manager Len Blakeney 4979 0101Office Administrator Sarah Croft 4979 0103Receptionist Amy Porter 4953 9400Industrial Relations Officers Ben Ziolkowski 4979 0107 Shona D’Arbon 4979 0116Safety Officer John McGhee 4979 0112Trade Events & Divisional Coordinator Haley Tibbetts 4979 0106Membership Representative Luke Reeves 4979 0109Events and Training Coordinator Kerri Richards 4979 0105MBA Insurance Services - Newcastle Leeanne Farmer 0466 777 057

NORTHERN REGIONS

Shop 1, 97 Tamar Street, Ballina NSW 2478Tel: 6681 4266Regional Coordinator Juliet Pratley 0421 050 395 Membership Representative Graham Marchant 0428 412 784Administration Officer Marlee Rudgley

GOSFORD

Unit 7/4 Stockyard Place, West Gosford NSW 2250Tel: 4323 4588Director - Housing Peter Meredith 0412 694 001Office Manager (Wed/Thurs) Helen Tinson 4323 4588Office Manager (Mon/Tues) Lesley Potter 4323 4588

SOUTHERN REGIONS

Unit 1, 171 Princes Highway, Ulladulla NSW 2539Tel: 4454 1955Regional Coordinator Lynn Smith 0418 633 297Administration Assistant Debbie McDonald 4454 1955

ALBURY/WODONGA

35 Hovell Street, Wodonga VIC 3690Tel: 6058 2000 Regional Manager Steve Donaghey 0402 044 075Office Manager Lesley Donaghey 6058 2000Administration Assistant Pauline Meade 6058 2000

PORT MACQUARIE

Unit 3, 12 Jindalee Road, Port Macquarie NSW 2444Tel: 6581 4033Administration Assistant Kerrie Clark 6581 4033

WOLLONGONG

Unit 3, 29-35 Princes Highway, Unanderra NSW 2526Tel: 4272 9409Regional Coordinator Michael Hart 0419 140 126Administration Assistant Ruth Billington 4272 9409

MATES IN CONSTRUCTION

Hotline: 8586 3575 

HEAD OFFICE

4

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 7: 2015 MB NSW Magazine Jun-Jul

rylock.comSydney | Factory & Showroom

More than 30 years delivering World Class light, views, lifestyle & energy efficiency

into quality Australian homes

3 Ellis Avenue, Alexandria8335 4400

Photo courtesy Sheridan Building Services

Which brand of window deservesto be in your next Master Build ?

Page 8: 2015 MB NSW Magazine Jun-Jul

president’s viewpoint

• $30 million for stage 3 of the

redevelopment of Blacktown and Mt Druitt

Hospitals.

• $269 million for the next stage of the

Lismore Hospital.

• $82 million for the redevelopment of

Kempsey Hospital (Stage1)

• $88 million for the new Byron Hospital.

• $20 million for the redevelopment of

Muswellbrook Hospital

• $400 million Maitland Hospital.

• $368 million major redevelopment of

Gosford Hospital

• $12.9 million to commence work at

Armidale, Bowral, Broken Hill, Grafton,

Macksville, Manning, Ryde and St

Vincent’s Hospitals.

Education building will receive $2.1 billion

over four years for new schools at Bella

Vista, Narellan, the Old Kings School site at

Parramatta and a Network Specialist School

in Dubbo. Significant upgrades are to occur

at Artarmon, Bardia, Cherrybrook, Homebush

West, and Randwick Schools.

Law and Order building has been allocated

$64 million over the financial year to build

or refurbish police stations in Deniliquin,

Gunnedah, Liverpool, Moss Vale, Tweed

Heads, Lake Macquarie, Riverstone, and

funding for a new 600 bed Correctional Centre

at Grafton.

The Land and Housing Corporation (social

housing) will spend $342 million on capital works,

including the commencement of an estimated

1,021 social housing dwellings and completion

of an estimated 770 social housing dwellings in

2015-16. A further $209 million will be spent on

capital maintenance to existing stock.

Remote Indigenous Housing will receive $46.1

million under the National Partnership Agreement

to be distributed through the Aboriginal Housing

President Paul Maginnity

The NSW 2015-16 budget is set to deliver

substantial construction work for our industry

with significant budget allocations for major

infrastructure works, new social housing projects

and a boost to social housing maintenance.

The government will spend $68.6 billion on

infrastructure over the next four years, with $591

million dollars allocated over the next 12 months

to fast-track some of the larger NSW projects.

The large projects attracting a significant

portion of the infrastructure allocation of $38

billion include:

• $15 billion WestConnex, linking the M4

and M5 Motorways, with $1.7 billion to be

spent over the next financial year.

• $977 million for the Northwest section of

the Sydney Metro rail line.

• $84 million extending the city Metro Rail.

• $1.4 billion State/Federal money for the

Pacific Highway duplication between

Hexam and the Queensland border.

Health is to receive $5 billion over the next

four years and includes money for upgrades,

redevelopments and expansion of major

hospitals, and an upgrade of ambulance stations:

• $72.1 million for the next stage of the

Westmead Hospital redevelopment.

Switching to the Waterstop

Streamline system has been a

fantastic result for the company.

It ticks all the boxes by being

modern, sleek, easy to install

and failsafe.

Costly repairs associated with

leaking shower trays are now a

thing of the past.

Luke Pearce

QLD Construction Manager, Devine Homes

For more information, visit www.waterstopstreamline.com.au

Phone 07 5426 3700 • Fax 07 5426 3711 • Email [email protected]

WAT

E12

550_

MB

A

Hear what our customers are saying about Waterstop Streamline

I am happy to give my recommendation to use Waterstop Streamline. It is the only modern looking product that I have seen that positively connects the shower screen to the waterproofing in a completely leak free way...Mr Albert Aeberhard Builder, Hotondo Homes Group ACT

Using Waterstop Streamline in all

our shower areas has made life easy

for waterproofing and our tilers.

They are so simple to install and

always look very professional.

I recommend to all my clients

to use the Waterstop Streamline

system in their shower areas.

Mr Kerry Blake

Director, Blake’s Waterproofi ng

With so many new products

on offer in our industry it

is difficult to find time to

investigate them all.

We are very glad we made

time for this one.

Mr Dennis Wright

Building and Project Manager, Beazley Homes

Switching to the Waterstop

By using Waterstop Streamline

I know the shower will be

perfect every time. It has

to be, because this product is

designed to dictate placement

of all of the other components

to make up the complete shower.

It’s virtually impossible to

stuff it up.

Mr Glen Whitehead

Managing Director, BJM Developments

on offer in our industry it

is difficult to find time to on offer in our industry it

is difficult to find time to on offer in our industry it

We are very glad we made

Building and Project Manager, Beazley Homes

My business has expanded rapidly since we started using

the Waterstop Streamline hob and now I have tilers

voluntarily recommending the Waterstop system – and me –

to other builders. Everyone that uses it loves it.Mr Fred Meddings Managing Director, Watertight Australia

(Waterproofers)

Waterstop Streamline – Why would anyone use anything

else to build a shower? At last someone has got a product together that not only works,

but it looks good and is so easy for every trade to work with. It even comes with step by step

instructions on the protective tape.Mr Andrew ShailerAndrew Shailer Tiling

Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

Waterstop is easy to order with efficient delivery.

It has given us the edge on our competitors and is our preferred method of waterproofing and

tiling showers.IF YOU ARE ONE OF OUR

COMPETITORS READING THIS AD PLEASE IGNORE.

Tony GloverTony Glover Tiling & Waterproofi ng

Office’s capital works program. An additional

$28.4 million is allocated to Aboriginal housing for

repairs and maintenance.

The Government introduced the Jobs Action

Plan 2011-12 which provides a $5,000 payroll

tax rebate to businesses that employ new

workers. The scheme was due to close to

new applicants from 1 July 2015, however has

been extended until 30 June 2019.

Also from July 1 2015, businesses in NSW with

wages below the current payroll tax threshold

of $750,000 and employ new staff can

apply for a $2,000 grant for each additional

employee. The grant will be paid on the first

anniversary of the hire of the new employee.

The NSW Department of Planning and

Environment has been allocated $89.1

million over four years to speed up approval

processing times.

The Priority Projects Branch will have $ 7

million to speed up the approval of State

Significant Projects, with an additional $19.9

million to construct the on-line Planning Portal.

As mentioned above, this budget is set to

deliver substantial construction work for our

industry. This significant increase in work will

offer many opportunities across all construction

sectors throughout NSW.

Paul Maginnity MBA/NSW PRESIDENT

6

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 9: 2015 MB NSW Magazine Jun-Jul

Switching to the Waterstop

Streamline system has been a

fantastic result for the company.

It ticks all the boxes by being

modern, sleek, easy to install

and failsafe.

Costly repairs associated with

leaking shower trays are now a

thing of the past.

Luke Pearce

QLD Construction Manager, Devine Homes

For more information, visit www.waterstopstreamline.com.au

Phone 07 5426 3700 • Fax 07 5426 3711 • Email [email protected]

WAT

E12

550_

MB

A

Hear what our customers are saying about Waterstop Streamline

I am happy to give my recommendation to use Waterstop Streamline. It is the only modern looking product that I have seen that positively connects the shower screen to the waterproofing in a completely leak free way...Mr Albert Aeberhard Builder, Hotondo Homes Group ACT

Using Waterstop Streamline in all

our shower areas has made life easy

for waterproofing and our tilers.

They are so simple to install and

always look very professional.

I recommend to all my clients

to use the Waterstop Streamline

system in their shower areas.

Mr Kerry Blake

Director, Blake’s Waterproofi ng

With so many new products

on offer in our industry it

is difficult to find time to

investigate them all.

We are very glad we made

time for this one.

Mr Dennis Wright

Building and Project Manager, Beazley Homes

Switching to the Waterstop

By using Waterstop Streamline

I know the shower will be

perfect every time. It has

to be, because this product is

designed to dictate placement

of all of the other components

to make up the complete shower.

It’s virtually impossible to

stuff it up.

Mr Glen Whitehead

Managing Director, BJM Developments

on offer in our industry it

is difficult to find time to on offer in our industry it

is difficult to find time to on offer in our industry it

We are very glad we made

Building and Project Manager, Beazley Homes

My business has expanded rapidly since we started using

the Waterstop Streamline hob and now I have tilers

voluntarily recommending the Waterstop system – and me –

to other builders. Everyone that uses it loves it.Mr Fred Meddings Managing Director, Watertight Australia

(Waterproofers)

Waterstop Streamline – Why would anyone use anything

else to build a shower? At last someone has got a product together that not only works,

but it looks good and is so easy for every trade to work with. It even comes with step by step

instructions on the protective tape.Mr Andrew ShailerAndrew Shailer Tiling

Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

Waterstop is easy to order with efficient delivery.

It has given us the edge on our competitors and is our preferred method of waterproofing and

tiling showers.IF YOU ARE ONE OF OUR

COMPETITORS READING THIS AD PLEASE IGNORE.

Tony GloverTony Glover Tiling & Waterproofi ng

Page 10: 2015 MB NSW Magazine Jun-Jul

executive director’s viewpoint

Executive Director Brian Seidler

The issue of Non-Conforming Building

Products (NCPs) is probably one of the most

important and pressing matters currently

confronting all sectors of the building &

construction industry.

Over recent times the use of non-conforming

products has resulted in major recalls, not to

mention the financial impact on contractors

and industry as a whole.

Examples include:

• Glass falling out of curtain-walling and

window frames;

• Non-conforming high-tensile bolts failing in

the construction of a new structural steel

framed building;

• Faulty electrical cable, estimated to be

some 4 million metres, having been

supplied to industry;

• Client supplied internal wall and floor tiles

containing asbestos.

• Imported Plaster Board found to have an

asbestos content.

Examples of clients supplying electrical fittings,

which prove to be faulty and not meet Australian

Standards are also becoming more common.

As we go to print the Federal Senate has

resolved it will hold an inquiry into non-

conforming building products.

The Inquiry, due to report by 12 October this

year, seeks to investigate the reasons for the

proliferation of materials in the building chain

that do not meet local standards, or may

conform but are used inappropriately.

The Inquiry’s terms of reference encompass

the impact of non-conforming building

products on:

• Industry supply chains, including importers,

manufacturers and fabricators;

• Work place safety and any associated risks;

• Costs passed on to customers including

any insurance and complying costs;

• The overall quality of Australian buildings.

The terms of reference also cover areas of

possible improvement to the current regulatory

frameworks for insuring that building products

conform to Australian Standards. Particular

reference to the effectiveness of policing and

enforcement, independent verification and

assessment systems, surveillance and screening

of imported building products and penalties

imposed on non-conforming building products

will be examined.

It is clear however, if you are in doubt that the

product is faulty or non-conforming, - don’t

use it. If you have purchased a specific product

from one of the major outlets be sure to keep

specific invoices – not only the amount, but a

description of what was purchased.

It is also clear that the industry relies on the

supply chain to supply products that satisfy

Australian Standards and conditions and are

safe to work with.

Master Builders has produced a number of

information flyers to specifically alert industry of

this very serious and growing problem.

Members will be circulated with this information.

Brian SeidlerEXECUTIVE DIRECTOR

8

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 11: 2015 MB NSW Magazine Jun-Jul

Estimating - Provide accurate, cost-effective estimates.

Contracts - Variations, Purchase orders and track all your onsite activities. Add BEAMS Mobile for your Supervisor and you’ll never suffer scheduling nightmares again.

Accounts - Full accounting functions with Taxation processing and Payroll with job allocation to timesheets.

Beams Prospects - Focuses on presales where the relationship between a company and the customer is managed. This includes capturing leads from the website, emails and correspondence.

Beams Administration - Track the job as it progresses to contract or conversion. Customise as many processes as necessary to cover all your requirements.

Beams Customer Portal - Communication between your customer and your company is managed. They are given a username and password so that they can check their job status and request more information.

Scott Cam - To do a good job, it is so important to have the right tools. To run a successful business, it is just as important to have the right software. Beams has all of the features and functions in one software package and it just works. Beams has been around for over 20 years and they know what is needed.

Ph. (08)9454 7760 fax. (08)9454 7782Web. www.beamsbuild.com.au email. [email protected]

HANDBOOK $410

INC GST

Construction Cost Guide 2015

2015

Construction Cost Guide 2015 For housing, small

commercial and industrial buildings.

SYDNEYMELBOURNEBRISBANEPERTHADELAIDEHOBART

Rawlinsons

SYDNEYMELBOURNEBRISBANEPERTHADELAIDEHOBART EDITION 23

COST GUIDE$278

INC GST

Rawlinsons

Shine a lighton your construction costs.

www.rawlhouse.com

Rawlinsons Australian Construction Handbook and Rawlinsons Construction Cost Guide 2015.

AVAILABLE NOW. PHONE 1300 730 117 OR WWW.RAWLHOUSE.COM

Page 12: 2015 MB NSW Magazine Jun-Jul

newsbrief

ECONOMICS AND TAXATION HOUSING

BUILDING SURVEY RECORDS FALL IN BUILDING CONSTRUCTION

Master Builders’ National Survey of Building

and Construction recorded a fall in business

conditions for building firms during the March

quarter of 2015.

Builders suffered a drop in building activity

and confidence in the quarter. This was a

reflection of softer hiring intentions, as the

index measuring builder intentions to employ

more tradespeople and apprentices declined

from the more optimistic outlook recorded in

the December quarter of 2014.

A reboot in confidence is fundamental to

nurturing the green shoots of sustained

activity in the commercial construction

sector, which is struggling to recover to pre-

GFC levels.

‘AGGRESSIVE’ TAX SCAM WARNINGThere have been reports of an aggressive

phone scam circulating. It involves fraudsters

intimidating people into paying fake tax debts

over the phone.

If you use a tax agent to lodge your returns,

ordinarily the Australian Tax Office (ATO) will

contact the agent first.

If you are contacted directly, the advice is to

not provide information directly to the caller

over the phone.

It is also advisable to contact a tax agent to

deal with the matter on your behalf. If that is

not an option, take down the details of the

caller and contact the ATO directly or request

the caller to supply the information they

require in writing.

For more information regarding this scam

and how to deal with phone scam’s, please

visit: www.ato.gov.au/Media-centre/Media-

releases/Protect-yourself-against-phone-

scams

HOUSING AFFORDABILITY REPORT HITS THE STREETThe Senate Economics References

Committee has released the final report of its

inquiry into housing affordability in Australia. 

Key recommendations include:

• Federal, state and territory governments

developing a long term national housing

affordability strategy

• clear and transparent performance

indicators, which would be reported to

the Council of Australian Governments

• State and territory governments are

to phase-out stamp duties, potentially

replacing them with more efficient taxes,

such as land taxes

• they also investigate alternate

approaches to funding infrastructure for

new housing developments

The report also called for the establishment

of a new body to replace the now defunct

National Housing Supply Council.

HOUSING AFFORDABILITY DRAFT POLICY SUBMITTED

Master Builders (MBA) has provided the

Federal Opposition with a considered

response to its recently released draft policy

statement on housing affordability. 

In the association’s assessment, the national

office highlighted the comprehensive National

Housing Affordability Agenda (NHAA), which

sets out six key areas for reform action to

reduce housing affordability pressures in

Australia, while increasing access to housing

at the same time.  

Key elements of MBA’s NHAA include:

• improving the supply side efficiency of

the housing market

• introducing contestable national

competition-style payments to local

governments for demonstrated

improvements in their performance

efficiency and outcomes which

contribute to lifting housing affordability

• urging governments to develop individual

land release plans for their own jurisdictions

over a 10-year rolling time horizon

MAJOR FUNDING INJECTION FOR INDUSTRY STATISTICS

Master Builders has welcomed an

announcement from Federal Treasurer Joe

Hockey and Parliamentary Secretary to the

Treasurer Kelly O’Dwyer’s about a major

new investment in the Australian Bureau of

Statistics (ABS).

The additional funding should ensure the

ABS continues to provide accurate and

timely information the community relies

on. ABS' capability to produce reliable

information allows public and private sector

organisations to analyse, plan and ultimately

invest wisely in resources benefiting the

Australian economy.

This funding is hoped to put an end to what

has been a difficult period for the ABS,

ensuring provision of reliable labour force

and other surveys as well as entrenching the

Census on a five-year cycle.

10

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 13: 2015 MB NSW Magazine Jun-Jul

newsbrief

HOUSING LEGAL

ILLEGAL FOREIGN INVESTMENT CRACKDOWN ANNOUNCED

The Federal Government has announced

further steps in its crackdown on illegal

purchases of, or contrived arrangements to

allow foreign investors to acquire Australian

residential property. 

Under the new arrangements, the Australian

Taxation Office (ATO) will issue letters to

individuals and companies suspected of

being involved in breaches of the foreign

investment framework.

ATO will also undertake a complex data-

matching analysis of more than 30,000

taxpayer records, with data sets from other

federal agencies, looking for breaches of

Australian foreign investment laws.

UNFAIR CONTRACT TERMS LAW EXTENDED TO SMALL BUSINESS

Federal Government recently published

an exposure draft Bill and other materials

setting-out its proposal to extend unfair

contract terms law to small business.

The law will operate such that a currently

unfair term contained in a standard form

consumer contract can be declared void.

A court would also be able to declare void

an unfair term of a standard form, small

business contract.

The government’s policy position is this

extension will reduce the incentive to include

and enforce unfair terms in small business

contracts. It will provide a remedy for small

businesses when those terms are included in

a contract.

Where a term is declared void, it will be

treated as if it never existed but the contract

will continue to bind the affected parties

to the extent the contract is capable of

operating without unfair terms.

Draft legislation proposes to extend the

existing unfair terms regime in the Australian

Consumer Law to standard form contracts:

• to which at least one party is a ‘small

business’ with less than 20 employees

• under which the upfront price payable

does not exceed $100,000 or if the

contract’s duration is more than 12

months – $250,000

Master Builders lodged a submission

with Treasury on the proposed extension,

pointing-out the unacceptable uncertainty the

provisions would bring about as they relate to

building contracts, particularly the difficulty in

finding an “upfront price” in that context.

ONE OFF INDEPENDENT CONTRACT UPDATEDThe one-off independent contractors

agreement IC-2007 has been completely

revamped. The Independent Contractors

Agreement (IC-2015) will soon be available

for purchase. IC-2015 is recommended

for use in one-off jobs. That is, in situations

where builders require the services of

subcontractors to perform specific tasks

related to building works not covered by

other contracts. A common case might

be when a builder wishes to engage a

subcontractor for a specific task or project,

such as tiling, carpentry or painting on a

residential or commercial project.

IC-2015 establishes the legal rights and

obligations of the parties and their powers

and duties in relation to a subcontract.

The accompanying user guide provides

a clause-by-clause interpretation of the

agreement and provides clarification as

to when a contractor is engaging an

independent contractor as opposed to an

employee. This is vitally important, as under

a contract of service (employment contract)

entitlements such as superannuation,

workers’ compensation, leave, and certain

taxes would ordinarily apply. The User Guide

explains how these entitlements still might be

available to subcontractors.SMALL BUSINESS STARTUPS ENCOURAGED TO GROW

The Federal Government recently announced

policy and regulatory changes to help small

businesses to grow and employ more people.

From July 2016, new start up businesses will

be able to immediately deduct professional

costs – such as accountancy and legal advice

– associated with starting a new business. 

This will replace the current five-year write

off arrangement. Business registration will

also be streamlined, with a single website,

replacing the current fragmented and

complex business registration process.

Small businesses will also be able to change

the legal structure of their business without

incurring capital gains tax liability.

11

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 14: 2015 MB NSW Magazine Jun-Jul

newsbrief

NBN TO FEATURE NEW MAPPING FACILITY

The Department of Communications is hosting

an online system to accurately map new

property developments and record the identity

of the telecoms carriers servicing them.

The new mapping facility is part of the National

Broadband Network rollout, designed to help

developers identify carriers servicing the area in

which they intend to develop property.

It will also assist carriers in better co-ordinating

the provision of infrastructure and resolve

disputes. This is expected to help retail service

providers and consumers check who can

connect particular premises, and governments

to verify that infrastructure has been contracted

and provided. 

The data will become open source, thus

allowing other interested parties to map the

data to meet their own needs.

TECHNICAL

TRAINING

FIRE ALARMS STANDARD REVISED

Standards Australia has released a draft

revision to AS 1670.1 – 2004 ‘Fire detection,

warning, control and intercom systems —

System design, installation and commissioning

Part 1: Fire’ for public comment.

The main purpose of the revision is to:

• list all the current AS 7240 series

equipment standards

• restructure the document to address

known issues and to improve clarity

• introduce Alarm Delay Facility (ADF)

software

• reference AS 7240.23 for visual alarm

devices

• consolidate fire detection and control

for smoke control and special hazard

Standards

Copies of these materials are available

from Master Builders on request for

interested members.

HAVE YOUR SAY ON WOOD BASED PANELS

Standards Australia have released for

industry comment a proposed draft

international standard on wood based

panels – particleboard.

The draft standard specifies a classification

matrix and the related mandatory tests

and thickness ranges to be applied

to particleboard for general purposes,

furniture, load-bearing applications, and

heavy-duty load-bearing applications.

It provides the manufacturing property

requirements for these types of uncoated

particleboard materials.

Copies of these materials are available

from Master Builders on request for

interested members.

NEW APPRENTICESHIP SUPPORT NETWORK ANNOUNCED

Successful organisations will form a new

Australian Apprenticeship Support Network.

Federal Assistant Minister for Education and

Training, Senator Simon Birmingham recently

announced the Apprenticeship Network,

which aims to make it easier for employers

to recruit, train and retain apprentices.

RANSOMWARE SCAM WARNING FOR SMALL BUSINESS

The Australian Competition and Consumer

Commission (ACCC) has warned small business

operators to think twice before opening email

files that could contain ransomware.

The ACCC’s latest Targeting Scams Report

shows almost $1 million was lost to these

scams last year. Ransomware is a type of

malware that infects a computer system by

restricting access, unless a ransom is paid to

a scammer for the restriction to be removed.

The ACCC received over 2500 ransomware

and malware complaints during 2014,

with over $970,000 reported lost by small

businesses and consumers.

SCAMwatch offers the following tips to

protect from ransomware:

• Ensure your computer has a firewall and

up-to-date anti-virus and anti-spyware

software

• Do not click on links or download files

in emails you receive out of the blue,

especially if they are executable (.exe)

files or compressed (.zip) files that are

likely to contain malware

• Use a pop-up blocker as a lot of

ransomware is delivered after following

links in pop-up alerts

• If there is any doubt about the legitimacy

of an email supposedly from a legitimate

business, do not rely on contact

details or links provided or open any

attachments. Contact the organisation

using the number in the telephone

directory or on their official website to

verify its authenticity

• Regularly back-up your computer’s data

on a separate hard drive, so this can

be easily re-installed if your computer is

infected by malware or ransomware

LEGAL

12

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 15: 2015 MB NSW Magazine Jun-Jul

newsbrief

TRAINING WORKPLACE RELATIONS

WORKPLACE RELATIONS

It also has an ultimate aim of improving

apprenticeship completion rates.

The network introduces new targeted

services, which will deliver tailored advice

and support to Australian Apprentices and

employers who need additional assistance

prior to sign-up and during training.

The new system will aim to help employers to

receive more efficient guidance in navigating

the apprenticeships system, while individuals

will be assisted to complete their training.

Eleven organisations have been announced

that make up the new Apprenticeship

Network, with services being delivered

through more than 280 network provider sites.

Master Builders, in a consortium with

a range of other industry associations,

tendered for funding to implement

apprenticeship services.

Visit http://docs.education.gov.au/

node/37759 to see a list of providers to the

apprenticeship network.

DRAFT POLICY RELEASED ON WORKPLACE RELATIONS

The Australian Labor Party’s draft National

Policy Platform has been released. However,

the policy is unclear as to the future of

building and construction industry specialist

workplace agencies.

The wording states that: “Labor is committed

to providing a balanced and effective

compliance regime, which will provide

procedural and substantive fairness to all

parties in the construction industry.”

Master Builders will write to Federal

Opposition Leader Bill Shorten, seeking

clarity on this point. The draft platform

contains a number of proposals that will see

existing union privilege and workers’ rights

greatly enhanced.

Regulation of pay and conditions is likely

to become more prescriptive rather than

simpler with statements that ‘we must make

sure that change isn’t an excuse to erode

hard-won working conditions’ having been

used. This suggests continuation of an

adversarial approach.

Key policy items include:

• Awards are here to stay as are penalty

rates for ‘excessive or unsociable hours,

and for weekends and public holidays’.

The platform states people should be

able to access common leisure time on

weekends and holidays.

• A national minimum standard for

long-service leave is to form part of

the national employment standards.

There is a risk the Australian Council of

Trade Unions’ portable scheme will get

traction, particularly when read against

the statement ‘Labor will work with state

and territory governments, employers

and unions to facilitate the portability of

entitlements including through industry-

wide schemes’.

• Consistent treatment of public holidays

including where Easter Sunday,

Christmas Day, Boxing Day and New

Year’s Day fall on weekends. There is

a risk this will result in the gazettal of

additional days.

• A particular requirement the Fair Work

Commission (FWC) to take into account

the pay equity when conducting periodic

reviews in modern awards.

• A desire to reduce the incidence of

underemployment and insecure work.

Business should be prepared for a

campaign against casual employment

and contract labour. Sham contracting

laws are also proposed for extension.

An objective test for determining when a

worker is a casual has been proposed,

and labour hire arrangements will also be

scrutinised more.

• Redundancy pay is declared as ‘a basic

right’ in the platform, raising concerns

about the future of small business

redundancy exemptions. It seems likely

the Fair Entitlements Guarantee scheme

will be extended.

• Further mechanisms are proposed to

protected superannuation in the event of

a corporate collapse.

• Fly-in fly-out work will be scrutinised with

improved protections proposed.

• ‘Safe rates’ for truck drivers will be

maintained.

• Despite the damage already done

through Fair Work Act provisions,

transfer of business will be scrutinised.

• An intention to prohibit director and

corporate conduct, which prevents the

recovery of employee entitlements.

• A commitment to support parties to

develop working time arrangements

that are consistent with employee

preferences and needs. It is possible

that employees will have greater choice

as to how their work arrangements

are structured under Labor’s proposed

system. This could create some

significant practical difficulties for

employers in the efficient structuring of

work arrangements.

• Guidelines on ‘good faith conduct’

in bargaining are proposed including

access to an independent umpire to

resolve disputes. It is likely that this

will result in greater FWC intervention

in bargaining and clears the way for

compulsory arbitration of disputes.

• Despite private sector union membership

now at levels below 12 per cent, the

union agenda still features strongly.

Paid union training leave received a

special mention as did modern payment

methods for union membership.

There are a number of other aspects of the

draft policy that require clarification and

expansion, but the policy direction remains

crystal clear.

13

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 16: 2015 MB NSW Magazine Jun-Jul

newsbrief

"The industry needs witnesses to be

protected, as the reluctance of people to

speak to the current Royal Commission

into trade union corruption and governance

shows," MBA said.

With changes to the law, the director of the

FWBC will be able to apply to a nominated

Administrative Appeals Tribunal presidential

member for an examination notice, for a

further two years from 31 May 2015 when

this provision was due to end.

"It would have been beyond the pale to ask

the FWBC to do its job without compulsory

information gathering powers," MBA said.

"A regulator’s investigations should not

founder because witnesses will not make a

statement or victims simply give up.

"FWBC is already constrained by a number

of provisions that hamper its work."

The continuance of the current ability to

compel witnesses to give evidence is not

expected to make up for such deficiencies.

For example, the FWBC is unable to

commence or continue litigation where the

litigation on the same subject matter has

been discontinued because the building

industry parties settled their differences.

"This means that deals can be done

that protects unions and others from the

consequences of their unlawful action,"

MBA said.

"Only the restoration of the ABCC will provide

an adequate response to the urgent need

to apply the rule of law in the building and

construction industry.

"MBA looks forward to continued debate

about the return of the ABCC."

WORKPLACE RELATIONS

FWBC REQUIRED TO CHANGE AGREED PENALTIES PRACTICE

A Full Federal Court recently ruled an

earlier agreement would no longer be

binding between the Fair Work Building

and Construction agency (FWBC) and the

Construction Forestry Mining and Energy

Union (CFMEU).

It comes as FWBC litigates CFMEU about

the pecuniary penalty the offending union

must pay. The court must set the amount

of the penalty: Director, Fair Work Building

Industry Inspectorate v CFMEU [2015]

FCAFC 59.

In essence, a court can no longer receive

or act upon an agreement as to penalties

or on submissions by a regulator as to the

appropriate amount or range of penalties.

A common practice has developed in civil

proceedings where the FWBC and other

regulators have made submissions to the

court, jointly or with another party. It can

be about the amount of the appropriate

pecuniary penalty or often the range of an

appropriate penalty.

The full court decided this is not permitted.

However, Master Builders warns this will slow

down court processes, which are already

"unduly slow".

OMBUDSMAN LAUNCHES NEW ONLINE PAY AND CONDITIONS TOOL

Master Builders (MBA) recently joined the

Fair Work Ombudsman (FWO) in examining

its new tool for calculating wages. The Online

Pay and Conditions Tool (PACT) will replace

FWO’s PayCheck plus serve as an online

resource for pay and award information.

FWO has claimed that PACT will allow users

to obtain more tailored online answers

to queries regarding their employment

circumstances. PACT seeks to provide pay,

leave and notice calculations depending on

the relevant award selected by the user.

Although MBA welcomes the availability of

resources that assist in the understanding

and application of awards, members

should treat PACT with caution, as it is an

automated resource heavily dependent on

the accuracy of data entered by the person

making the enquiry.

In addition to this, awards relevant to the

building and construction industry are

complex. In MBA's assessment these tools

cannot replace the sort of advice given by

employer associations. PACT will be officially

launched in mid-2015.

WITNESS PROTECTION AMENDMENT BILL PASSES THE UPPER HOUSE

The Australian Senate recently approved

the Construction Industry Amendment

(Protecting Witnesses) Bill 2015.

All cross-bench Senators voted for the Bill.

Passage of the Bill will extend information-

gathering powers of the Fair Work Building

and Construction agency (FWBC).

Master Builders (MBA) hailed the legislation

as a "triumph of common sense".

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 17: 2015 MB NSW Magazine Jun-Jul

regional roundup

PARALYMPIAN'S WORKPLACE INJURY SHEDS LIGHT ON RECOVERY@WORKA well-known paralympian's injury on a

construction site has enlightened builders on the

far-reaching impacts of a workplace accident.

Shannon Dallas, paralympian and WorkCover

speaker, recently shared his experience after

being hurt at work more than 15 years ago.

He revealed it not only affected his career

prospects, but also his life.

He provided a useful insight into the tangible

and intangible impacts an injury can have

on a construction site and your personal life,

and how the recovery@work and recovery@

life programs can help encourage employers,

workmates, friends and family to support your

speedy recuperation.

Dallas made the remarks on 21 May 2015 at a

Residential House Construction Demonstration

Event at The Sanctuary in Fletcher, Newcastle.

More than 70 people attended the hearty

breakfast prepared by The Mens Shed, and

everyone engaged in a discussion about the

construction industry and issues being faced

on a daily basis. 

Organisers received overwhelmingly positive

support from suppliers including Oldfields,

FallStop, Safeworx and BuildSafe and Industry

Action Partners HIA and MBA.

 

Many attendees signed up for WorkCover’s

$500 Small Business Rebate and registered for

1 CDP point.

 

Feedback from attendees confirmed the event

was both well organised and well received.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

15

Page 18: 2015 MB NSW Magazine Jun-Jul

regional roundup

Mark McCrindle, one of Australia’s leading

demographic researchers, gave a thoroughly

researched breakfast presentation to over 50

members at the Newcastle Crown Plaza on

Friday, 1 May 2015.

He revealed population and spending trends

that will have a significant impact on business

in the next 20 years, and also the outlook and

prospects for the Hunter’s building industry.

Some of the major trends highlight the

need for more housing than currently being

developed, a bright outlook for the Hunter’s

population growth and an acute need for

more skilled builders.

Mark also confirmed:

• Newcastle’s population of 433,000 is larger

than the ACT and twice that of Hobart

• Annual population growth is 1.6 per cent

• 1 in 10 businesses will fail within their

first year

• Half of all businesses will fail within their

first four years of operation

• Today’s students will have 17 jobs and

move house 15 times

• In the year 2044, 7.75 million Australians

will be over the age of 65 and 1.65 million

will be 85 years old and over

• 90 per cent of data in the world was

created in the past two years

• A social media site like Facebook has more

patrons/users than the most populous

country has citizens

Mark has consulted a number of Australia’s

largest and most successful businesses. His

understanding of the key social trends and his

engaging communication style has placed him

in high demand in the press, on the radio and

television shows including Sunrise, Today, ABC

News 24, A Current Affair, and Today Tonight.

RAPID CHANGE IS AFFECTING BUSINESS SAYS RESEARCHERMaster Builders members have been more than surprised to hear about rapid changes forecast for builders and residents in the Hunter Region over the next 10 to 20 years.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

16

Page 19: 2015 MB NSW Magazine Jun-Jul

regional roundup

CENTRAL WEST/ORANA GOLF DAY TEES OFFThe Annual MBA Central West/Orana Division

Golf Day proved a hole-in-one with golfers.

Held on 20 February 2015 at the Wentworth

Golf Club in Orange, the event teed off at noon

with local wildlife diving for cover as the regions

BARBIE, DRINKS AND PRESENTATIONS GIVE FOOD FOR THOUGHTMaster Builders members recently enjoyed a barbeque and

refreshments at an informative evening hosted by Di Mogg, store

manager at Petrie’s Mitre 10, Mudgee.

The event held on 16th April 2015 also featured MBA Head

Solicitor Rob Collings, who spoke about changes to the Home

Building Act, followed by a presentation from James Hardie on

new products from their fibre cement range.

Attendees received 2 CPD points for attending.

finest golfers nearly knocked the rust off their

clubs to vie for honours.

Prizes up for grabs on the day included MBA-

branded shirts, golf balls, camping gear and

golf umbrellas.

Tom Hurford not only won the longest drive

and a microwave oven but also the major prize

of a $200 Amber Tiles voucher with his brother

Jason, proving the old saying that a sharp

pencil will always beat a good golfer.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

17

Page 20: 2015 MB NSW Magazine Jun-Jul

LET’S HAVE A PROPER HOUSING DEBATEThe recent property price boom across Australia is a worrying sign that land supply has failed to keep up with housing demand.

It is no surprise that former Prime Minister

John Howard labelled housing affordability as a

barbeque stopper.

The dream of home ownership matters a great

deal to Australians and remains a hot topic

today, so it is deeply disappointing the housing

affordability debate has been hijacked by side

issues such as the impact of foreign buyers, lax

foreign investment rules and negative gearing

for causing house prices to increase, when the

debate should instead be focused on the real

problem – which is the lack of supply or, more

correctly, lack of land supply.

Seasoned house builders, who have seen

many housing cycles come and go, know that

house prices increase more rapidly during a

residential upturn. Builders also know that a

house price boom does not last forever and

that house prices also subside.

The latest upturn is highlighting that, as with

previous upturns, housing supply is unable to

keep up with housing demand.

Immigration and demographics fuel

demand for housing

Master Builders Australia’s research shows

Australia’s population growth, continued

high levels of immigration, combined with

demographic changes are major drivers of

increasing demand.

These findings are backed up by similar findings

from the Reserve Bank of Australia, Federal

Treasury and various Parliamentary inquiries.

The undersupply of housing has led to, as

in all cycles, a jump in house prices but the

populist approach by the ‘commentariat’ is not

helping to get our politicians focused on the

real problem.

A complex array of structural impediments

is standing in the way of supply being able

to meet demand. These structural barriers

are well known and include the full gamut of

development approval processes for residential

zoning, higher density developments,

unreasonable developer charges and the third-

party appeals process, among others.

There is no one-size-fits-all solution

So what is the solution? There is no simple

one-size-fits-all solution; the supply side

problems that lead to deterioration in housing

affordability are different between states

and territories. Accordingly, Master Builders

has called for the reintroduction of National

Competition Payments (NCP) as one of the

core reforms to free-up housing supply.

The NCP proposal involves the Federal

Government paying state and territory

governments for the permanent removal of

structural impediments to housing supply that

lead to significant improvements to housing

affordability. Tinkering with foreign investment

rules and negative gearing is, at best, tinkering

at the edges and missing the point.

Master Builders has developed a multi-point,

package approach to improve the housing

affordability challenge in Australia.

In addition to NCP payments, the plan also

calls for:

• A rigorous and enforceable building code

and regulatory system to ensure both

the development and continuation of an

efficient and competitive building industry.

• A commitment by federal, state and local

governments to implement a coordinated

and proactive housing affordability agenda.

• Streamlined and simplified development

approvals processes.

• Local councils to develop practical and

achievable residential land release plans

over a rolling 10-year-ahead timeframe.

• Annual publication of a national stocktake

of developer and infrastructure charges

levied by all local councils on both

greenfield and brownfield developments.

Affordable housing must remain a

policy priority

Importantly, Master Builders’ housing supply

reform proposals are designed to ensure the

intergenerational home ownership gap does not

widen for first-home buyers. Home ownership is

an essential social and economic pillar that must

be protected. Making sure that households have

access to appropriate and affordable housing

must remain a policy priority for all politicians,

both at the federal and state levels.

Access to appropriate and affordable housing

should also be a priority for public and social

housing, where there is equal urgency for

fundamental reforms to way housing is

delivered in these sectors.

Master Builders is calling on all politicians and

commentators to bring the focus of debate

back to the ‘main game’, which is housing

affordability and how to increase housing supply.

By Wilhelm Harnisch, CEO of Master Builders Australia

18

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

housing

Page 21: 2015 MB NSW Magazine Jun-Jul

19

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

housing

Page 22: 2015 MB NSW Magazine Jun-Jul

NSW is enjoying a strong and long overdue housing upswing, as the

First State fast becomes the next big building and construction hotspot.

In three years’ time the amount of building and construction work done

in our state is expected to be worth a combined $50 billion.

From ‘basket case’, the state looks set to enjoy a time in the economic

‘sunshine’. Low interest rates, pent-up demand for housing, less

exposure to the ending of the resources boom as well as a solid

backdrop of political stability, have combined to turn around fortunes

for NSW.

Led by a stunning reversal of fortune in the residential building sector,

the building and construction industry will continue to drive growth in the

short-to-medium term. Furthermore, infrastructure projects and pockets

of non-residential building should begin to take over as growth drivers.

Long-term prospects are good

Long-term prospects for the Premier State are good. Over the

coming decade, Master Builders estimates that a cumulative $580

billion of work will be done in the building and construction industry

in NSW, with $220 billion of projects in the residential building sector,

$122 billion in commercial building projects and $238 billion in

engineering or civil construction.

This positive outlook for the NSW building and construction industry will

be accompanied by jobs growth. Employment in the state's industry

has moved higher, above the 300,000 mark in recent times. With an

expected increase of 120,000 over the next 10 years, the level of NSW

building and construction industry employment is tipped to reach a

figure of 420,000 by 2024.

The outlook is therefore promising for most building and construction

industry occupations during this time-span, particularly in higher skill

categories, including construction managers and supervisors as well as

skilled trades categories like carpenters and joiners.

Public investment to fuel growth and jobs

High levels of state public investment will be an important source of

growth and jobs over the coming years. Infrastructure projects like

the North West Rail Link, WestConnex and NorthConnex road and

tunnel projects as well as the CBD light rail plan will provide the state's

economy with a massive boost.

NSW is also primed to take advantage of the Commonwealth’s Asset

Recycling Initiative with the proposed sale (lease) of part of the state-

owned electricity network business, flowing into an even higher level of

infrastructure investment spending beyond 2017/18, which is likely to

include further stages of the North West Rail Link involving a planned

second harbour crossing.

The turnaround occurring in the state’s fortunes is remarkable. As a

mature economy with less growth potential than the high-population

growth and resource-focused economies such as Western Australia

and Queensland, NSW suffered from previous underinvestment in

infrastructure and chronically weak residential building. (See graph A)

TIME TO SHINE FOR NSW BUILDING AND CONSTRUCTIONOver the coming decade, Master Builders Australia’s Building and Construction Industry Forecasts estimate that a cumulative $580 billion of work will be done in the industry in NSW

20

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

housing

Page 23: 2015 MB NSW Magazine Jun-Jul

Business-friendly politics put NSW ahead of the states

Poor land release strategies, high and inefficient developer levies and a

cumbersome development assessment processes, as well as political

uncertainty and instability have damaged confidence. The state was left

lagging in the economic development stakes for over a decade.

However, a more business-friendly political backdrop as well as strong

pent-up demand for housing has seen NSW outperform traditional

front-running states in the recent years, with little sign the momentum of

growth is fading. Forecast growth is underpinned by the continuation of

long-awaited improvement in residential building and pockets of growth

in commercial and institutional building plus civil works construction.

For residential building, the low interest rate environment will continue

to release pent up demand after a long period of underbuilding that

occurred at the same time the state experienced strong population

growth. NSW dwelling starts troughed at less than 25,000 five years

ago, before clawing back some lost ground and surging in 2012/13 to

40,000 commencements with a further big jump to nearly 47,000 in

2013/14. This financial year, Master Builders expects close to 55,000

dwellings will be commenced in NSW. The lift in dwellings completed will

mean the supply of houses will meet the annual underlying population

requirement for the first time in over a decade. (See graph B)

Static growth forecast for non-residential building and engineering

For the other two major sectors of NSW building and construction, non-

residential building and engineering construction, a relatively flat growth

profile is expected over the next three or four years.

However, this will mask some significant changes for individual sub-

sectors over the same timeframe. For example, the prospects appear

positive for non-residential building sub-sectors of warehouses,

entertainment, recreation and accommodation. In civil or engineering

construction, the prospects look good in the road sub-sector and the

rail sub-sector.

In conclusion, these encouraging signs for our building and construction

industry are welcome and builders need to ensure they are well

positioned to make the most of this housing upturn. (See graph C)

Graph A Graph B Graph C

21

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

housing

Page 24: 2015 MB NSW Magazine Jun-Jul

CALL FOR RETURN OF THE CLERK OF WORKSMajor reform to strata legislation has been deferred prior to this year’s State Government election, writes Peter Meredith, director – housing at Master Builders.

With the return of the Baird NSW Government

it is expected the new Minister for Innovation

and Better Regulation, Victor Dominello,

will be keen to get on with the strata reform

process, which includes addressing defects in

residential strata buildings.

Defects bond

Previous roundtable discussions held on

proposals for strata reform, included a

controversial proposal to address defects in

strata buildings with the developer's lodgement

of a defects bond amounting to 2 per cent of

the overall cost of the project. This is to be held

in trust for two years, following completion of

the strata project.

Release of the bond would be the subject

of two defect reports by an inspector, which

is agreed to by the developer and Body

Corporate. The final report verifies that any

defects identified in the initial report have been

rectified. Otherwise, the cost to rectify any

outstanding defects would be funded from the

defects bond.

Master Builders strongly expressed its view the

proposal was simply a "negative response" to

regularly occurring defects in strata residential

projects and does not proactively seek to

address or prevent common defects as they

occur during construction. It is estimated that

up to 80 per cent of medium-density projects

have defects, mostly related to waterproofing.

Concerns have been raised over the

independence, competency and accountability

of persons undertaking inspections. There

has also been concern over the subsequent

value of reports whereby inspections, as

they have been proposed, would essentially

be cosmetic or superficial inspections with

the building already having been completed.

Based on existing examples, it is also likely

that reports would be littered with disclaimers

as a requirement of insurers when providing

inspectors with necessary professional

indemnity insurance cover.

Currently, property inspections are unregulated

including the licensing of persons undertaking

inspections, and the structure and content

of reports. Pre-purchase property inspection

licensing was removed in 2009 by then

Minister for Better Regulation Joe Tripodi,

despite protests from industry and the Home

Building Service – an agency of Fair Trading.

Independent scrutiny of construction work

Through key industry groups, the building

sector itself must do more to address the

real and growing issue of defects in strata

– especially multi-story residential buildings.

Defects are no longer isolated to defective

work, but there is also a focus on the

increasing problem of defective and non-

conforming imported materials.

A proactive response from industry will

also help address industry concerns over

the expensive process of responding to

“ambulance chasers” and defect claims, being

served at the final hours of statutory warranty

periods by lawyers, building consultants and

property managers acting on behalf of owner

corporations and unit owners.

In response to the issue, there is growing

discussion on establishing independent onsite

assessment during the construction process

or rather, a return to having the former ‘clerk of

works’ onsite.

Overseer proposed to revive Clerk of Works

Traditionally, a Clerk of Works was a suitably

qualified and experienced person representing

the owner and architect to ensure work is carried

out appropriately and according to the contract.

Up until the early 1980s, the appointment

of a Clerk of Works was common especially

on government projects controlled by Public

Works. However, it was phased out with the

introduction of ISO Quality Assurance programs.

Current discussions suggest it would need

to be mandatory for medium-density housing

developers to appoint an “overseer” or

22

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

housing

Page 25: 2015 MB NSW Magazine Jun-Jul

“superintendent” for want of another name,

who would remain onsite from commencement

to completion to ensure work was completed

to Code and of a suitable standard – with

particular scrutiny of critical stages of work and

known problem areas such as waterproofing.

The proposal would complement mandatory

inspections by certifiers, and help certifiers rely

on compliance certificates required to verify

certain work or components are built to Code

or Standard, with the added knowledge that a

competent person has assessed the work.

It needs to be emphasised that inspections

undertaken by accredited certifiers have

nothing to do with the quality of work. Rather,

the work is compliant with conditions of

consent or approval and meets provisions of

the National Construction Code.

It is recognised there is a cost involved with

the proposal. However, discussions suggest

such costs would be passed on to the end

purchaser and be offset by less defects,

maintenance costs and callbacks and reduced

exposure for builders and certifiers.

There is also potential to counter the influence of

developers to clamp down on project costs and

force builders to take shortcuts. The proposal

is suggested as a more proactive and practical

response in respect to cost, than the cost and

red tape involved with a defects bond.

Proposal is not new

In the early 1990s the Building and

Construction Council (BACC) developed a

quality assessment scheme for medium-

density housing in response to government

pressure for greater urban consolidation

and improving the quality of medium density

housing rather than through regulation.

BACC was a not-for-profit industry

organisation, which brought all key

industry associations to the table, and had

representation from all key industry related

government departments and agencies.

Unfortunately there is no such body today,

which brings together such wide industry and

government representatives to the one forum.

The central feature of the BACC Quality

Assessment Scheme was for appointment

of an independent Accredited Quality

Assessor, who provided a Certificate of Quality

Assessment on satisfactory completion of the

project. A quality Handbook and Guide was

also developed with assistance and funding

from the licensing regulator at the time – the

Building Services Corporation.

Assessors would identify potential quality

problems during the design and construction

phases. A Certificate would only be issued when

the Assessor was confident work was compliant.

The University of Technology, Sydney offered

training to become accredited Assessors in

conjunction with TAFE. Projects participating

in the scheme were marketed with the Quality

Scheme logo, so consumers could make an

informed choice about construction quality.

The BACC, Quality Assessment Scheme was

voluntary and some suggest this was key to its

eventual demise. Furthermore, the tendency for

developers to establish special project entities

for the life of the project in order to minimise

risk and exposure may have also been a

contributor to the scheme's demise. Some

developers' focus was to minimise cost during

construction through shortcuts and screwing

over builders and, in-turn, trade contractors.

The fallout was left with the carcass of the

project vehicle, which was subsequently

wound–up.

Potential barriers

The success of a proposal for independent

assessment of residential strata projects would

most likely require it to be regulated as there

is little expectation of widespread adoption

through a voluntary scheme, as previously

evidenced by the BACC scheme. The ability

of assessors to obtain professional indemnity

insurance cover may also be a significant issue.

Other issues to consider include accreditation

of assessors to ensure competency,

experience and expertise, and whether

assessors should be appointed from a panel

established by the government to ensure

impartiality and prevent assessor-shopping.

The proposal for inspections and reports,

associated with the proposed defects

bond, raises similar issues regarding the

independence and appointment of inspectors.

This is especially if the developer and owners

corporation cannot mutually agree on an

appointment. If this happens the proposed

defects bond scheme allows the developer to

default to Fair Trading or the relevant regulator

to appoint the inspector.

It is also expected some medium-density

developers/builders will question why they

need to incur such added scrutiny when they

are consistently producing quality product with

minimal defects.

The question is reasonable and there may, for

example, be potential to consider “weaning”

consistent performers off the scheme and

subject them to random auditing from time-

to-time.

Status quo will not remain

The quality of strata projects will certainly

change. We have no doubt whatsoever the

NSW Government, through the new Minister,

will proceed with reviewing strata law and

addressing the quality of work – and the

persistence of commonly occurring defects in

strata building will receive attention.

Industry can sit on its hands and have

government forced to regulate in order to

address issues. The other option is industry

can take the initiative and responsibility to put

forward real and proactive solutions, which the

industry can live with.

A comparison can be drawn with the recently

introduced Statutory Trust Regulation for

protecting retention money. The Collins Report

on insolvency in the construction industry

clearly revealed it was most likely that industry

would have imposed on it statutory trusts.

Industry, as in leading builders and contractors,

were repeatedly ask to provide viable

alternatives if they did not want trusts. The

response was silence.

Similarly, if industry does not provide viable and

workable solutions to deal with defective work,

and the general quality of medium-density

development, the imposition of defects bonds

will most likely become yet another burden.

23

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

housing

Page 26: 2015 MB NSW Magazine Jun-Jul

apprenticeship

NSW GOVERNMENT POLICY ON ABORIGINAL PARTICIPATION IN CONSTRUCTIONKaren Kellock, Apprenticeship Services Manager, explains how the Master Builders Apprenticeship Service can help your business comply with the new NSW Government Policy.

Master Builders Apprenticeship Service is

able to assist contractors and organisations

meet their obligations under the new NSW

Government Policy on Aboriginal Participation

in Construction.

The policy can be read in full here: www.

procurepoint.nsw.gov.au/sites/default/files/

documents/apic_policy_1_may_2015.pdf

Please refer to Master Builders Magazine Issue

1, 2015 for the full details.

The Policy applies to all government

construction projects for contracts signed on

or after 1 May 2015, that meet the criteria.

Construction includes building maintenance

and civil engineering. Construction-related

support activities, such as financial, advisory,

architectural and professional services may

also be included where considered appropriate

to achieve policy goals.

Construction projects that are jointly

undertaken with the private sector are included

in this policy, as are projects undertaken on

land not owned by the government or where

the built asset will be owned by a non-

government entity.

Master Builders Apprenticeship Service can

assist with the engagement of Aboriginal

people as a recognised group training

company as noted within the Policy as a direct

employment or education activity.

Master Builders Apprenticeship Service is able

to provide Aboriginal apprentices and trainees

in a range of trades and qualifications including

carpentry, bricklaying, formwork/falsework, civil

and business-related qualifications.

Master Builders Apprenticeship Service

makes this process easier for Contractors and

Organisations by taking responsibility for the

following on their behalf.

We will:

• recruit, select and prepare Aboriginal

apprentices or trainees for work

• arrange pre-placement medicals and

provide personal protective equipment

prior to starting onsite

• manage offsite training of the apprentice

or trainee through a registered training

organisation

• take responsibility for registration of the

training contract

• administer and manage paperwork

connected with apprentice and trainee

wages, allowances, superannuation,

entitlements, such as annual or sick leave

and all other employee benefits

• manage worker’s compensation liability for

apprentices and trainees, including return

to work plans

• provide ongoing support and mentoring

through onsite visits and working with

Aboriginal mentors

• offer an all-inclusive hourly rate for ease

of quoting

• work with the apprentice or trainee to find

the next opportunity, if your position is less

than full-term

Master Builders Apprenticeship Service is

committed to making this a simple and easy

process for you.

For further information on how we can assist

with your Aboriginal Participation Plan:

Phone: 02 8586 3533

Website: www.mbansw.asn.au/

apprenticeship

24

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 27: 2015 MB NSW Magazine Jun-Jul

apprenticeship

MASTER BUILDER APPRENTICE –MARCUS HAJJARPerry Wynn, Master Builders Apprenticeship Services Coordinator, sat down with one of our fourth-year apprentices to find out more about his career journey.

I recently had the pleasure of speaking with a

Master Builders apprentice and realised he had

an interesting story that was worth sharing.

Marcus Hajjar is a fourth-year apprentice

carpenter, employed by Master Builders

Apprenticeship Service. He joined the MBA on

14 March 2014

He decided to leave school at 17 because he

was advised that ‘school was not for him’. The

careers advisor thought he would be better

suited to an apprenticeship.

“I started a shop-fitting apprenticeship when I

left school. I was mainly assembling flat pack

kitchens from China," Marcus said.

"It was not really my thing so, after 18

months into my apprenticeship, I met a

young carpenter onsite. I then started an

apprenticeship in carpentry with him doing

mostly framing and decking work.”

Marcus worked all over Sydney for about 18

months, but the builders he was working for

had trouble getting paid by clients on time.

This had the flow-on effect of Marcus not being

paid on time. This is particularly hard on a

young apprentice. 

“I left that company and started working

for another building company that did

maintenance and renovations for the Aboriginal

Housing Commission," he said.

"The builder started going bust and not

paying his tradesman or apprentices. I left

with the tradesmen as they started up their

own company.

"We worked on many bathroom renovations

and new home developments. I realised I had

to find something else if I wanted to be a better

carpenter and obtain my builders license."

Marcus called Master Builders Apprenticeship

Service and came in for an interview.

"They were very helpful and gave me a start

within two weeks of calling them,” he said.

“I worked with an older builder and an

architect doing a big extension in Newtown,

and learnt a lot of new skills and really enjoyed

my time there.

"Unfortunately, that job ended so Master

Builders found me a job with a formwork

company on a commercial site. I learnt a

lot about a different side of the construction

industry, monitoring concrete pours and

forming-up walls and columns.

“I moved up from that and worked for one of

the biggest Formwork companies in Australia

on a $2.5 billion job in Darling Harbour.

“I really enjoy having the job security of being

employed by Master Builders and have never

had an issues with pay or trying to find work.

Working for different companies has taught

me a lot of different skills and I have learnt a

lot more about the industry, and dealing with

clients and builders onsite.”

Even when times were tough and Marcus felt

he was not being treated right, Master Builders

Apprenticeship Service was always on his side.

"They always made sure I got paid on time and

found me new work if it was time to move on,”

he said.

“I'm looking forward to completing my

apprenticeship and progress in my career as a

carpenter or builder.”

Although Marcus had a bit of a bad run before

becoming a Master Builders Apprentice, he is

now well placed with a large building company

based in the Eastern Suburbs.

Marcus is completing his Certificate IV Building

and Construction and plans to get his builder's

licence in a couple of years.

Apprentices like Marcus make what we do

at Master Builders Apprenticeship Service

seem worthwhile. Helping them find a great

tradesman to learn from, and watching

them grow from apprentices to tradesmen

themselves, is what employing apprentices is

all about.

If you would like to learn more about Master

Builders Apprenticeship Services:

Phone: 02 8586 3533

Email: [email protected]

25

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 28: 2015 MB NSW Magazine Jun-Jul

apprenticeship

MY WORKER'S COMPENSATION EXPERIENCEMaster Builders apprentice Blake Forsythe talks about his injury, the worker's compensation experience and light duties in the Master Builders Apprenticeship Service office.

My accident occurred on 12 February 2015,

when I worked with my training employer

onsite at a Housing Commission property. At

the time I was replacing two doors that had

been damaged due to wear. When we were

almost finished the job, my boss asked me to

clean-up while he painted the door.

I started by sweeping up the sawdust and

picking up all the offcuts from the doors. Then

to finish off and make sure the area was clean,

I picked up the electric blower. Somehow my

thumb was sucked into the air-intake system of

the blower while it was running.

I called-out to my boss and then washed the

wound while he got the First Aid Kit. My training

employer put a dressing on my thumb before

wrapping it in a bandage to stop the bleeding.

The boss quickly finished-up to make sure

the site was safe, then took me back to my

car. I went home to tell my parents what had

happened and they took me to the hospital

emergency room, because it has past the

opening hours for our local doctor. When I

finally got through to the nurse she unwrapped

it, was able to assess the damage and

determine I had completely ripped-out my nail

and broken my thumb.

I had to wait a couple more hours before the

x-ray finally show I had a complete crack

that went across the knuckle from the top to

bottom phalanges. I had to wait for a hand

doctor who once again assessed it, dressed it

and gave me a splint to support my thumb.

The next day I called Master Builders

Apprenticeship Service, hand specialists, my

GP, the physio and my training employer to

give details of what happened, how and when

it happened and how long the rehabilitation

period will be.

My specialist and GP told me I must rest for

the week and visit the physio twice a week.

During this week WorkCover called me and

wanted to know details of the injury.

When I was finally upgraded to suitable

duties by my treating doctor, Master Builders

Apprenticeship Services made arrangements

for me to work in their office. For the next

couple of months I worked light duties in the

office, firstly at Master Builders' head office in

Forest Lodge because I could not drive my

car and was relying on public transport from

Barden Ridge. It was not difficult to get there.

When the work was finished, I ended up

catching two trains and two buses to reach the

Education Centre in Baulkham Hills.

The duties in both offices involved making

folders and contract bundles, scanning

documents, writing-up apprentice profiles and

anything else the team needed me to do. I

became skilled at attaching these documents

to the CRM (Customer Relationship

Management System).

During this time I was still visiting my hand

specialist, GP and physio to improve and

progress my recovery.

After two months my splint was removed and a

couple of days later, I got used to using it again

and gained confidence in using my thumb.

During these months of working with the

Master Builders Apprenticeship Services

Team, I have made many mates in the

workplace, learnt a little about office work

and what it entails, and now understand

how much work these people put into make

sure we have a safe, productive and positive

apprenticeship experience.

Most of the time the work was a little repetitive

and boring, but the team always found a

way to make my day with smart and cheeky

remarks. There was the casual joke and

constant nagging of apprenticeship field

officer Ben Mitchell telling me that I am late or

taking too long for a lunch break. However, I

redeemed myself by baking the best cake ever

made for the team.

I thank the Master Builders Apprenticeship

Service for the support and patience they gave

me for the duration of my visit.

Side note: Master Builders heard from a good

source that Blake’s sister helped bake the

cake. Thank you, it was really yummy!

To find out how to become a Master

Builders Apprentice, call 02 8586 3533.

26

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 29: 2015 MB NSW Magazine Jun-Jul

WC

0158

9

Plan ahead and always cover the voidFalls through voids are a leading cause of serious injury on house construction sites.

In house construction, good planning is essential. Always schedule delivery of your void protection to ensure it is available as soon as it is needed.

For tips to keep your site safe, visit workcover.nsw.gov.au or call 13 10 50.

WC01589 0515 290377.indd 1 12/06/15 10:05 AM

Page 30: 2015 MB NSW Magazine Jun-Jul

workplace health & safety

FEDERAL COURT SUPPORTS ZERO-TOLERANCE DRUG AND ALCOHOL POLICIESMaster Builders Executive Officer – Safety David Solomon discusses the latest Court decision on this important workplace safety matter.

The Federal Court has endorsed a decision of

a Fair Work Commission (FWC) Full Bench to

overturn the reinstatement of a Sydney Harbour

ferry master, who failed a drug test after a ferry

under his control struck a wharf pylon.

The decision is positive news for employers

who seek to rely on full compliance with zero-

tolerance drug and alcohol policies.

In July 2013 Mr Toms, a ferry master employed

by Harbour City Ferries Pty Limited, agreed

to attend work to replace another employee

on an afternoon shift. While on duty, Mr Toms

misjudged an approach to a wharf and the

ferry struck a pylon.

Employee smoked marijuana to relieve pain

No one was injured, and no serious property

damage was sustained. Mr Toms was, as a

matter of routine, required to take a drug test.

When the drug test returned a positive reading

for cannabis, Mr Toms admitted that he had

smoked marijuana the previous evening to

relieve pain for an injured shoulder.

Harbour City has a zero-tolerance policy for

drugs and alcohol, meaning that employees

must not register a positive result in a drug test

that exceeds the relevant Australian Standard.

Mr Toms was suspended immediately, and,

after further investigation, was dismissed with

five weeks’ pay in lieu of notice.

Mr Toms brought an unfair dismissal application

in the FWC, seeking reinstatement. Originally,

Deputy President Lawrence in the FWC found in

favour of Mr Toms, concluding that even though

he had “undoubtedly” breached the company’s

drug and alcohol policies and procedures, the

dismissal was unfair.

Taking into account all relevant facts pertaining

to this case and bearing in mind the object

in the Fair Work Act 2009 (Cth) of ensuring a

“fair go all round”, Deputy President Lawrence

found that a positive drug test was not proof

of impairment, nor was there evidence of a link

between the drug use and the incident.

This decision was overturned on appeal by

a full bench of the FWC, which held that the

zero tolerance drug and alcohol policy was

highly relevant, and the absence of proven

impairment of Mr Toms was not. It identified

that the core issue to be addressed was Mr

Toms’ “deliberate disobedience, as a senior

employee, of a significant policy,” rather than

whether his drug use had a demonstrated or

likely bearing on the incident.

Federal Court appeal is rejected

Mr Toms appealed to the Federal Court,

arguing that the FWC full bench decision

had been affected by jurisdictional error. The

Federal Court rejected this argument, finding

the FWC full bench had made valid findings

in relation to the errors of Deputy President

Lawrence’s original decision-making process.

It noted the FWC is not required, when making

a determination as to whether a dismissal is

“harsh, unjust or unreasonable” to take into

account every single factor that could possibly

tip the balance in favour of an employee.

Rather, the FWC is entitled to approach its

task by focusing on considerations it considers

to be relevant, while also complying with the

criteria for considering harshness.

Implications for employers are far-reaching

The endorsement by the Federal Court of

the FWC full bench decision is positive news

for employers with zero tolerance drug and

alcohol policies.

An employer, particularly where public safety

is involved, can require strict compliance

with appropriate drug and alcohol policies,

without being required to determine that a

related safety incident was caused by an

employee’s impairment.

Photographer: Gordon Bell / Shutterstock.com

28

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 31: 2015 MB NSW Magazine Jun-Jul

workplace health & safety

VIRTUAL REALITY SUPERIMPOSES SAFETY AT WORK SCENARIOSInfluential industry figures have presented an innovative demonstration of workplace safety scenarios through new technology.

The Master Builders Association of New South

Wales (MBA) Safety Network held a Safety

Network Briefing on 14 May 2015 to keep

members and their site personnel informed

of updates and changes to Health and Safety

Legislation, Workers Compensation, Injury

Management. The briefing, which originally

began in 2006 was hailed as a resounding

success and well received by some 80

attendees at the Bankstown Sports Club.

The day kicked off with an influential line up of

guest speakers in the building and construction

industry, led by Pro-Visual Media CEO John

Hutchings who delivered an interactive

presentation on augmented reality. This defines

a technology that superimposes a computer-

generated image on a user's view of the real

world, thus providing a composite view.

John gave excellent examples of augmented

reality including a scaffold collapse, falls from

heights and a crane fire where the computer-

generated imagery took us to live links of

related news articles. The 4D presentations

raised numerous questions from the audience

about possible uses for the apps and

programs within the building and construction

industry. This resulted in some very interesting

discourse, surrounding the integration with

inductions, emergency evacuation, training and

online registration.

Taskforce to deliver asbestos action plan

Loose Fill Asbestos Insulation Taskforce

director Peter Robinson delivered an

excellent presentation about the status of the

WorkCover program.

On 19 December 2014, the New South Wales

Government announced the establishment of

a Loose Fill Asbestos Insulation Task Force,

and a comprehensive assistance package for

owners and residents in loose fill asbestos-

affected properties. The taskforce is charged

with developing a comprehensive action plan

to advise the State Government on the most

appropriate solution to the loose fill asbestos

issue in NSW.

Until the 15th of August 2015 owners can

have free testing done by registering online

or phoning 137 788. The taskforce will

develop and recommend an appropriate

evidence-based strategic and practical

implementation approach. The presentation

covered the following topics: What is loose

fill asbestos insulation? Taskforce role and

members, financial assistance packages,

where to find loose fill asbestos plus training

and safety precautions.

Pictured (left-right) Professor Dennis Else, Siobhan Flores-Walsh, David Solomon, Laurice Temple and Peter Dunphy.

29

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 32: 2015 MB NSW Magazine Jun-Jul

workplace health & safety

New international standard for safety

management systems

MBA Executive Officer – Safety David Solomon

has revealed the status of the new international

standard for safety management systems

ISO45001. ISO 45001 is currently at the

committee draft (CD2) stage of development,

the first consultation phase.

During this stage, the countries (ISO members)

that have chosen to participate in the

standard's development have two months

to form a national position on the draft and

comment on it. Voting closed on 5 June 2015.

ISO 45001 is being developed by ISO project

committee ISO/PC 283, Occupational health

and safety management systems. Ninety

delegates from over 70 countries will meet

at the fourth international meeting of the

Working Group ISO/PC283 in Dublin, Ireland to

disposition comments from around the globe

in an attempt to move to Draft International

Standard (DIS).

How does ISO 45001 relate to other

standards? ISO 45001 follows the high-level

structure approach that is being applied to

other ISO management system standards,

such as ISO 9001 (quality) and ISO 14001

(environment). In developing the standard,

consideration has been given to the content

of other international standards (such as

OHSAS 18001 or the International Labour

Organization’s “ILO –OSH Guidelines”)

and national standards, as well as to the

ILO’s International Labour standards and

conventions (ILSs).

Those adopting the standard, once it has

been published, should find its requirements

consistent with the other standards. This

will allow for a relatively easy migration from

using an existing OH&S management system

standard to using ISO 45001, and will also

allow for the alignment and integration with

the requirements of other ISO management

system standards into their organisation’s

overall management processes. ISO45001 is

due to be published sometime in 2016.

Panel explores permanent

incapacity injuries

A discussion panel moderated by David

Solomon heard a number of presentations,

including Professor Dennis Else, executive

director – sustainability, safety and health at

Brookfield Multiplex who delivered a captivating

presentation covering themes. These included

the control of fatalities and permanent

incapacity injuries, needing maximum focus

upstream on design, planning and re-planning,

Focus on Lost Time Injuries (LTIs) and Total

Recordable Injury Frequency Rate (TRIFR)

distracts attention from the management of

controls for fatalities and permanent incapacity

critical risks.

Professor Else urged attendees to seize the

huge opportunity to reduce the number,

length and complexity of Safe Work Method

Statements (SWMS) – and increase discussion

about work to be done and work to be

completed. He suggested having a greater

focus on evidence of the myth of the safety

pyramid and to beware of the fallacy of thinking

if we control the causes of first aid injuries we

will control the causes of fatalities.

A study of fatality and accident rates in the

Finnish construction industry over 15 years

showed the fatality rate in the construction

industry increased when the accident

frequency declined. This was reflected in

evidence from the American Journal of

Industrial Medicine 56:509-519 (2013) that

showed states with low non-fatal injury rates

experienced high fatality rates and vice-versa,

indicating an inverse relationship between

injuries and fatalities.

In the construction sector, states of America

with highly fatal injuries had low rates of

non-fatal injuries. The converse was also true.

Those states with lower fatal injuries had higher

rates of these non-fatal injuries. This concluded

that fatality rates appear to be a more valid

measure of risk.

This presentation posed a question many of us

in the building and construction industry ask:

Why is there such a focus on lag indicators

such as lost time indicators? Leadership focus

should encourage more conversations with

people, such as are the critical controls in

place and working well? What else worked

well? What did not go according to plan or was

difficult or frustrating? What could have gone

better? What can we do to improve things

around here? The feedback about Professor

Else’s presentation was resoundingly positive.

Reality of officer's duty expounded

Siobhan Flores-Walsh, Partner at Corrs

Chambers Westgarth's Workplace Law

Practice, presented on key issues facing the

building and construction industry such as:

What is the officer’s duty? Is there an emerging

defacto immunity from prosecution for officers?

Should the directors and officers of construction

companies be lobbying for an explicit ‘client’

duty under workplace health and safety (WHS)

laws? Are there key compliance actions for

officers? What are the key WHS issues for

officers and their organisations?

The reality of the officer’s duty was expounded

to the audience via key focal areas, including

that directors and officers should not be lulled

into a false sense of security. Importantly, many

safety issues arise well before the construction

work begins, in the procurement and project

planning stage.

Directors and Officers have significant personal

compliance, which is just beginning to be

considered by the Courts. Board and officer

awareness of their personal liability is low, so

what does this mean for the directors and

officers of construction organisations? For

over two years officers have been required

to exercise due diligence to ensure their

companies fulfil their WHS duty, with officers

policing their company's compliance.

Regulators are likely to look primarily to those

involved in the construction phase when an

incident occurs – construction companies

and their officers. The need to be compliant

with WHS governance duty, the officer’s duty

(section 27 of the WHS Act), is more critical

than ever.

Possible causes of work-related

injury are 'concerning'

The topic of main possible causes of work

related injury in the workplace, nominated

by employers and work was a main area

of concern. Perceived causes of injury by

employers and workers were astounding

with 'worker carelessness' perceived by

employers at 69 per cent and workers at

42 per cent. This statistic is compounded

by a separate category called 'just not

thinking', which was perceived by employers

at 41 per cent and workers at 32 per cent.

Considering the categories are not dissimilar

it begs the question why Safe Work Australia

separates them?

Regardless of employer or worker perception,

workers are the single biggest causes of injury

to themselves, with the next closest category

of 'risk taking' lower with 58 per cent perceived

by employers and 59 per cent by workers.

Surely education is the key to lowering these

horrifying statistics.

30

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 33: 2015 MB NSW Magazine Jun-Jul

workplace health & safety

More 'inclusive' approach urged

The third panel speaker was Laurice Temple,

CEO at National Association of Women in

Construction (NAWIC). Laurice provided an

all-inclusive approach to a new direction

NAWIC is taking to the current state of the

construction industry. NAWIC’s mission is

to champion and empower women in the

construction and related industries to reach their

potential. Initiatives include education programs

and seminars, networking events – panel

discussions and guest speakers, mentoring

programs, awards and community engagement.

These networking events are designed to

champion and empower women in the

construction and related industries to reach their

potential. Other initiatives include advocacy on

behalf of women in construction, partnerships

with associated industry groups and associations

with compatible goals, Scholarships, marketing

and sponsorship activities, regular newsletters

and international links.

Presently, the building and construction

industry is not a very inclusive industry. There

is a need for greater use of new technologies

such as 3D printers, gamification, augmented

reality and robotics, among others. There is

very little flexibility in the workplace with more

than a 28 per cent gender pay gap.

A large percentage of the industry population

is about to retire in 2020 and beyond. Only 16

per cent are women working in the industry

and there is little to no opportunity for men to

openly work flexibly with one in five aged under

35 saying they want a more flexible workplace.

Over 70 per cent of people in all industries are

not currently feeling empowered enough in their

roles, and construction has one of the highest

depression and suicide rates in employment.

Tackling 'unconscious bias' is the key

What does NAWIC propose to do about

the future of the construction industry?

Tackle unconscious biases and do not let

behaviours that fail to align to your company

culture go “unnoticed”.

Support people who show courage about

leading in this space. Support people are

afraid to speak up, harbouring feelings and

becoming increasingly agitated depressed

and unmotivated. We all have a role to

play, embarked upon by being leaders in

championing change together, create these

conversations for the health and wellbeing

of our industry and encourage, embrace

and reward your teams being champions of

change. Commit to changing not waiting for

someone else to do so!

Why change? Greater engagement equals

a healthier and safer industry. To this end,

NAWIC are holding a Champions of Change

National Conference in Melbourne, from 8 to 9

October 2015 called “Building a Better Future”.

Fatality rate has dropped considerably

Peter Dunphy, executive director of the work

health and safety division at WorkCover NSW,

gave the audience an insight to the current

state of play through the eyes of the regulator

providing information indicating that the NSW

fatality rate had dropped considerably over

the period from 2011 to 2013. The industry

ranked third in the statewide fatality rate behind

transport, postal and warehousing while

agriculture, forestry and fishing recorded the

highest level of fatalities in the First State.

Interesting research undertaken by WorkCover

NSW identified the four most common causes

of injury in the NSW construction industry.

Muscular stress while lifting or handling

objects is the most common cause of injury,

closely followed by people being hit by moving

objects. Falling from heights is the third-most

common cause of injury and was discussed

at length in relation to the correlation between

falls in residential construction work as

opposed to falls in commercial work, with the

general consensus noting awareness needed

to be raised in the housing sector.

Hence, the current programs WorkCover

are running emphasise this issue. The fourth

common cause of injury recorded was falls

from the same level. Another supportive

piece of research indicating workers cause

the greatest harm to themselves, as all four

common causes of injury can be attributed to

worker carelessness and simply not thinking

before one acts.

Harm prevention is a must

Peter also discussed some more recent harm

prevention initiatives that WorkCover NSW is

undertaking throughout the state, including glass

and glazing safety workshops, house construction

demonstration day, safer communities and safer

towns, emergency response and safety, health

and recovery at work.

As moderator Solomon fielded audience

questions and interaction with the panel

members. He handled numerous questions

from the floor, all of which generated excellent

discourse and provided an opportunity

for attendees to seek advice directly from

industry leaders.

A common message from all presenters was the

'face of safety' needs to change. Namely, the

industry needs to stay ahead or at least keep up-

to-date with the fast moving pace and direction

of the building and construction industry.

Builders know they work better together, which

is exactly what the industry needs in order to

change the present culture of safety for the

betterment of our industry’s future. This can

be achieved through holding dialogue with

work mates, colleagues, staff, management or

maybe the person working next to you.

MBA thanks all those who gave up their

valuable time to present, attend and interact

at another positive Association initiative to

increase the awareness of safety in the building

and construction industry.

31

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 34: 2015 MB NSW Magazine Jun-Jul

finance

The Australian Taxation Office (ATO) says eligible builders and construction businesses will have to wait until new legislation comes into force to claim new tax deductions for asset purchases worth up to $20,000.

By Travis Deane, Corporate PR and Community Relations Officer at the Tax Office

The new measure, announced in this year’s

Federal Budget, applies to businesses with an

aggregated annual turnover of less than $2 million.

They can claim for purchases made from the

announcement of the measure in Treasurer Joe

Hockey’s budget address on 12 May 2015.

The under $20,000 limit applies to 30 June

2017 when it will be reviewed.

ATO Assistant Deputy Commissioner Judy

O’Connell’s advice to eligible builders and

those with small construction businesses is

“keep your receipts in a safe place”.

“Those records of purchase will be vital for

those claiming, and the ATO will be monitoring

claims and following-up “high-risk” cases to

ensure no one is getting an unfair advantage,”

O’Connell said.

“If you are choosing to use the simplified rules

assets costing $20,000 or more will need to

be pooled and depreciation claimed at 15 per

cent in the first year and 30 per cent for each

year thereafter.

“And you will need to keep records of these

purchases as well.”

O’Connell says the immediate asset deduction

applies to new, used or second-hand assets

but cannot be claimed on:

• assets leased to other businesses or

individuals

• horticultural plants, which are subject their

own ‘uniform capital allowance rules’

• capital works subject to their own ‘capital

works’ depreciation rules

• assets in a ‘low value’ or software

depreciation pool

• assets for primary production where you

have chosen to use the normal depreciation

rules rather than the simplified depreciation

• assets for research and development

“And you need to remember you can only

claim a deduction to the extent that the asset

is used in your business for earning income,”

O’Connell said.

“The assets to which the immediate deduction

applies include motor vehicles, furniture,

machinery, tools and equipment, as long as it

cost less than $20,000.”

Once the law is enacted, claims can be made

on your business tax return as is currently the

case for depreciating assets.

TAX BREAK FOR BUILDERS CAN ONLY BE CLAIMED ONCE NEW LAW TAKES EFFECT

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

32

Page 35: 2015 MB NSW Magazine Jun-Jul

finance

“If you’ve got any questions, our online Small

business assist interactive tool (www.ato.

gov.au/business/starting-and-running-your-

small-business/in-detail/small-business-

assist) provides easy access to information,”

O’Connell said.

“You simply type in a question and it provides

information from a range of websites.

“Best of all, you can access it using the free

ATO App (www.ato.gov.au/general/online-

services/use-online-services/general-services/

ato-app) for smart phones and tablet devices,

so you can access the information you need,

anytime, anywhere.

“That’s particularly helpful if you are working on

building and construction sites.

“The ATO App also lets you check if your

suppliers are registered for GST, get reminders

for important lodgement and payment dates

or book an after-hours call-back from the ATO,

so you are free to get on with business during

business hours.”

O’Connell also recommends subscribing to the

ATO’s online Small business newsroom (www.

ato.gov.au/newsroom/smallbusiness/general/

welcome-to-the-new-small-business-newsroom),

which can be accessed using the ATO App.

“It gives you the latest tax and super news and

alerts and will let you know when the $20,000

immediate asset deduction law comes into

force, so you can start claiming,” she said.

For more information go to the ATO’s alert

on the immediate deductibility of assets:

Phone: 13 28 66

Website: www.ato.gov.au

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

33

Page 36: 2015 MB NSW Magazine Jun-Jul

NEW LENDING FLEXIBILITY OPENS DOORS FOR SMESA new flexible financial product has been introduced to make it easier for small-to-medium enterprise (SME) exporters.

Australian SME exporters have three things

in common – they are creative, confident and

optimistic. And while they continue to win

contracts against global competitors, many find it

difficult to access the finance they need to secure

these opportunities.

It is a topic that often comes up in Efic’s

conversations with SMEs and is something

that consistently holds these SMEs back from

competing internationally.

The good news is that recent legislative changes

have improved this situation, and will allow Efic

to help more SME exporters access the finance

they need to succeed overseas.

Helping more SMEs

In response to these legislative changes, Efic

introduced the Export Contract Loan, a flexible

loan product with a streamlined application and

approval process.

It will make it easier for SME exporters, and those

in export supply chains, to access the finance

they need when their bank is unable to help.

A number of clients have already benefited

from this with one of the first being a Victorian

technology advisory and research firm.

A high-profile contract

This company’s loan was approved just a few

days after the product was launched, providing

it with the additional working capital it needs to

fulfil two significant export contracts to United

Kingdom-based companies.

The first of these involves the company designing

a waste-treatment process that can be used to

clean up toxic and hazardous waste storage sites

by treating and disposing of the contaminated

waste material.

The second contract involves providing an

at-scale demonstration of the chemical process

technology for treating and packaging toxic and

hazardous wastes.

Once the company has designed these waste

treatment processes, it has a strong chance

of using this technology to secure a significant

pipeline of supply contracts in the UK and the

United States.

An ongoing challenge

While this company’s bank is supportive of these

contracts, it required further tangible security

before approving the additional funding needed

to meet the significant upfront research and

material costs.

This lack of tangible security, such as ‘bricks

and mortar’ collateral or inventory, holds many

exporters back from receiving the finance they

need to fulfil important contracts.

This is especially the case where an SME’s

competitive advantage is intangible intellectual

property, something banks often find difficult to

value and therefore lend against.

Fortunately, Efic were able to support this

company with a $300,000 Export Contract Loan,

allowing it to pay its upfront costs and fulfil this

high-profile research and development contract.

Like more information?

Efic is committed to unlocking finance for

export success.

To learn more about how Efic could help

your business:

Phone: 1800 093 724

Email: [email protected]

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

34 finance

Page 37: 2015 MB NSW Magazine Jun-Jul

CHANGES TO HOME BUILDING COMPENSATION FUND ANNOUNCEDFollowing the Hon. Victor Dominello's recent announcement of red tape reductions to boost the home building sector, MBA Insurance Services are now able to offer greater clarity on changes to the Home Building Compensation Fund.

The New South Wales Government is making

changes to the Home Building Compensation

Fund from the 4th of August 2015.

These changes have been made to align

with the introduction of a new cloud-based

information technology (IT) system called

CIMS via SiCorp, to better manage the

State Government-backed Home Building

Compensation Fund. It replaces existing IT

systems used by insurance agents.

Reforms will cut red tape for builders and

increase their ability to work, without affecting

consumers’ rights to make claims for

compensation under the Fund.

Annual limits replaced

SICorp has listened to industry feedback and

will replace current annual limits that restrict

how much work residential builders are able

to do each year. New limits will be based on

the number and value of ‘open jobs’ that each

builder has under construction. This means

builders can apply for additional insurance on

new projects as others are completed. CIMS

will monitor projects in real time.

Completion dates will be pre-populated

CIMS will go live with pre-populated

completion dates calculated from available

data to give the starting position of each

builder’s utilisation and unused limits.

A builder who builds $3 million houses with an

average completion rate of two years will have

a higher open job limit than a builder who does

mainly $30,000 bathroom renovations, which

may only take a few weeks.

Once a builder has finished a project, issued

the last client invoice and submitted the

completion date to their intermediary, they

can start their next job within their limits. The

current projects will stay open until the builder

supplies a completion date.

Construction limits will be indexed

Construction limits will be indexed based

on the value of the largest job a builder has

completed in the past four years. For example,

if a builder’s construction limit was set at

$400,000 four years ago, their new job limit will

be set to $480,000.

Flexibility for 20 per cent above current limits

has been built into the system. For example, if

a builder’s limit is set at $480,000 the system

will pass a $570,000 project automatically

without triggering a review.

The annual CPI indexation of limits will continue.

New open job limits will be confirmed

Your intermediary will soon contact you with

your new open job limits and assumptions

used in the calculation.

A builder can request a review of their job

limits and a profile change, if any party is not

convinced it is a true reflection of their work.

Non review thresholds have been raised

SICorp can now raise the threshold for builders

without requiring financial review, as actual

completion times are a more reliable indicator

of small builder performance.

This means many more small builders will not

be subject to an annual eligibility review, and

can focus on building without back-of-office

administration. This will also help increase

business activity and job creation.

Current broker relationships could change

Check with your intermediary if they can

still offer the product and, if not, ensure

they have made arrangements with an

intermediary who can.

SICorp has also tried to improve the services

offered by insurance brokers to builders. Small

brokers will need to work through a larger

specialist broker. Brokers will also be given

greater authority to collect completion data,

process calculations and policy amendments.

The HBCF website will be updated with

approved brokers who are fully trained in CIMS.

MBA Insurance Services remain committed to

providing builders and members of MBA NSW

with a quality service that assists builders in

obtaining and managing the requirements of

the Home Building Compensation Fund.

For ongoing updates, information or

assistance in managing your ongoing

eligibility requirements:

Phone: 02 8586 3555

Website: www.mbais.com.au

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

35insurance

Page 38: 2015 MB NSW Magazine Jun-Jul

legal

DO BUILDING CONSULTANTS OWE PROSPECTIVE PROPERTY BUYERS A DUTY OF CARE?The legal system has become increasingly unwilling to expand the scope of a consultant's responsibilities on public policy because it is "too weighty" a burden on builders.

By Rachael Miles, lawyer at Gillis Delaney Lawyers

Historically, the legal authorities in respect of

the provision of negligent advice by building

experts causing personal injury or physical loss

were often focused on the element of reliance

on the advice as a fundamental requirement

in cases of damage resulting from negligent

advice being restricted to pure economic loss.

However, the Courts have been reluctant

to expand the scope of a building expert’s

responsibility on the grounds of public policy,

even where there is an element of reliance

– citing this as too weighty a burden on

building professionals.

That view is reflected in the recent Court

of Appeal decision Delaney v Winn [2015]

NSWCA 124, which considered the ambit of

the duty of care owed by building consultants

in respect of the provision of advice to

prospective buyers of a property where the

buyers rely on that advice when making their

decision to purchase the property.

The Delaneys brought a claim for damages and

equitable compensation against their building

inspector on the basis of breach of contract, and

breach of a “contractual duty of care” after they

purchased a property in September 2006, and

sold the property at a loss at a later time after the

property proved to be in poor condition.

Building inspection would be undertaken as

a 'standard report'

Prior to purchase, as is common the

purchasers arranged a property inspection,

which was undertaken by an entity trading as

“Graphic”. Graphic procured the services of

“facility solutions” to undertake the building

report component, which was completed

following a building inspection undertaken by

Mr Winn, a director and employee of Facility

Solutions. The understanding was the building

inspection would be undertaken as a ‘standard

report’, in accordance with the applicable

Australian Standards.

Evidence was led that the process for

preparation of the building report was for

Mr Winn to undertake the visual inspection

of the property and dictate his notes into a

proforma building report prepared by Graphic

that conformed with Australian Standards. The

report was then finalised by Graphic. Mr Winn

was not given the opportunity to review or sign

the completed report.

On the coversheet of the report prepared for

the Delaneys, the completed report noted that

the property was “generally in good condition”.

No issues were identified that required

immediate attention or rectification.

There was a standard clause at the end, which

noted the report:

“... is a reasonable attempt to identify any

obvious or significant defects apparent at

the time of the inspection. Whether or not

a defect is considered significant or not,

depends, to a large extent, upon the age and

type of the building inspected ... It is not a

structural report. Should you require any advice

of a structural nature you should contact a

structural engineer.”

Uncertin if he had read the

finalised report

Several weeks after the report was completed,

Mr Winn attended a site inspection with and at

the request of one of the Delaneys, provided

advice in relation to building issues. There was

evidence that Mr Winn was provided with a

copy of the finalised report on that occasion, but

at the hearing he could not recall if he had read

the finalised report at the inspection.

The Delaneys alleged that a number of cracks

had been present in the walls of the property

during the building inspection and subsequent

inspection, in addition to other alleged latent

defects. In April 2007, following heavy rain in

the area, the cracks began to expand.

The Delaneys argued the true facts were that:

Among other defects, the house had cracks

in all areas and in every single wall; there had

been repairs made in order to sell the property

and damage had been patched to make it

“look all right”; there were amateurish repairs

to major cracking in the foundation wall; there

was no provision for drainage away from the

house at all; and there were defects in the

paving that directed stormwater onto the

footings and walls.

In the outline of oral submissions handed

up on the appeal, the appellants’ claim

was described as including allegations of

“under-reporting, understatement and failure

to alert to defects that would cause the

property to deteriorate”.

Property was sold for $43,000 less than the

purchase price

The Delaneys ultimately sold the property for

approximately $43,000 less than the original

purchase price.

At trial, the Delaneys argued that Mr Winn had

failed to disclose in his report the significance

of a number of cracks in the walls of the

property, and the inadequacy of some of the

temporary “repairs” of the cracking that had

been undertaken prior to purchase.

It was alleged that in those circumstances it

had not been open to Mr Winn to conclude

that the condition of the property had been

36

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 39: 2015 MB NSW Magazine Jun-Jul

legal

“good”. The Delaneys had relied on Mr Winn’s

report in their consideration of whether to

purchase the property at the selling price.

The Delaneys claimed they would not have

purchased the property, if Mr Winn had of

provided the proper advice.

Justice Finnane of the District Court found

that there was no breach of contract, as

there had been no contract between the

Delaneys and Winn, as well as no “breach of

contractual duty of care” – better described

as “negligent misstatement”.

Mr Winn’s duty of care owed to the Delaneys

was simply to carry out an inspection in

accordance with the Australian Standards. As

Mr Winn had complied with the requirements

of the Australian Standards, his Honour found

that there had been no breach of the duty of

care, and the claim was dismissed.

On the appeal before Chief Justice Ward and

Justices Emmett and Gleeson of the NSW

Court of Appeal, it was argued by the Delaneys

that Mr Winn owed a duty to take reasonable

care in giving advice in one transaction that

extended over both the provision of the report,

and the provision of oral advice at the site

meeting. It was suggested that by attending

the site inspection with a copy of the report, Mr

Winn had implicitly endorsed the contents of

the report, and also breached his duty of care

by failing to correct any inaccuracies that were

in the building report.

The Court of Appeal’s first problem with these

allegations was that they had not been pleaded

in the Statement of Claim, which had simply

alleged breach of a contractual duty of care to

conform to the Australian Standards. Leaving

the issue of the case being properly pleaded

aside, the Court of Appeal sought to address

the scope of any such potential duty by a

reasonably competent building consultant

in the provision of a building report and any

subsequent oral advice, by reference to the

Australian Standard.

Report should not be seen as a reasonable

attempt to identify defects

Relevant clauses of the Australian Standard

stipulated that any building report purporting to

conform to the Standard “should be seen as a

reasonable attempt to identify any significant

defects visible at the time of the inspection”.

“Significant” within the meaning of the standard

was referred to in the standard as depending

“to a large extent upon the age and type of

building”. The standard required an inspection

and assessment of the “general condition” of

particular parts of the building exterior including

masonry walls, for defects, including cracking

... and for differential or rotational movement”.

Mr Winn had given evidence at hearing

that it was typical for buildings of the type

purchased by the Delaneys to have some

cracking present, particularly in the location

conditions. He deposed that he had evaluated

the cracking at the time of the inspection, and

considered it “superficial and minor”.

In addition, in his oral advice at the site

meeting, Mr Winn had noted in respect of the

cracking in the retaining wall of the property

that a structural engineer might need to

engage a geotechnical engineer for a second

opinion. This same advice had also initially

been dictated after the initial inspection but, for

unknown reasons, was not incorporated into

the building report.

Property was 'below average'

There was also some debate over the use

of the word “good” in the context it was

used in the building report. On behalf of Mr

Winn it was argued that the use of the word

simply confirmed that the property was “still

standing”, and nothing more. At hearing, the

Delaneys relied on an expert report undertaken

after the water damage in April 2007, which

criticised Mr Winn’s use of the term “good” as

it suggested the property was above average

when it was in fact “below average”.

Ward J noted: “The Australian Standard makes

clear that a building report should not be

seen as an “all-encompassing report dealing

with a building from every aspect” but, rather,

“should be seen as a reasonable attempt to

identify any significant defects visible at the

time of the inspection” (Australian Standard

at 3.3). The significance of perceived defects

was dependent on an assessment of matters

such as the age and type of the building.

Clearly a building inspector is required to carry

out an evaluative exercise in that regard and

it is reasonable to assume that there would

be scope for reasonable minds to differ in the

assessment of the significance of perceived

defects.”

In this case the complaint was Mr Winn’s

assessment of the property as being in “good”

condition was not reasonably open on the

conditions that should have been observed by

a competent inspector. The Delaneys relied on

a report of Mr Dickinson which they obtained

to identify defects found after the 2007 event,

rather than an expert report that commented

on what a building inspector should have

identified when completing the pre-purchase

report and Dickinson expressed the opinion

that the defects he had discovered should

have been discoverable by Mr Winn.

Ward J noted: “The opinion as to whether

the property was in good condition was an

evaluative exercise, as was the attribution of

significance to defects that were noted or as

to the adequacy of particular matters such as

surface water drainage. Mr Dickinson’s view

differed from that of Mr Winn. His Honour

(the Trial Judge) obviously accepted that

Mr Winn’s opinion fell within the range of

that which a reasonably competent building

inspector might form bearing in mind that Mr

Winn saw the property in dry conditions and

before any water damage from the April 2007

rain had occurred. It cannot be said that his

Honour’s conclusion, though briefly stated,

was not open on the evidence.”

Expert report rejected

The critical point was that the Delaneys’ expert

report was rejected as being an example of the

kind of advice that should have been provided

by Mr Winn to the Delaneys in a pre-purchase

inspection report. The purpose of Dickinsons’

report, in contrast to Mr Winn’s report, had

been to consider the appropriateness or

otherwise of Mr Winn’s report, and not to

provide a standard building report prior to

a sale. It was therefore not an Australian

Standard report.

It was open to the Trial Judge to conclude

that Mr Winn had acted with reasonable care

by providing a report, which conformed to

Australian Standards and the Court of Appeal

determined there had been no error by the

Trial Judge.

Expert opinions do differ and evaluative

judgements must be made by an expert. It is

critical to understand the terms of the retainer

of the expert to determine the duty of care

owed. Here the expert was required to provide

a report described by the Australian Standards

as a “standard report” and the evidence

demonstrated that the report provided met the

Australian Standard.

37

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 40: 2015 MB NSW Magazine Jun-Jul

industrial relations

INDUSTRY AWARD PROVIDES CLARITY OVER PAY IN WET WEATHER EVENTSThe latest industry award provides guidance for builders on employee entitlements to payment in the event of wet weather events.

Members are advised that the Building and

Construction General On-Site Award 2010

(the Award) and many Enterprise Agreements

underpinned by the Award, provide employees

with an entitlement to payment for lost time

due to inclement weather.

The Award defines inclement weather as

the existence of rain or abnormal climatic

conditions (whether hail, extreme cold,

high wind, severe dust storm, extreme high

temperature or the like or any combination of

these conditions), where it is not reasonable or

it is unsafe for employees to continue working

in those conditions.

The Award also provides that where an

employee is not able to perform any work at

any location because of inclement weather,

the employee will receive payment at their

ordinary time hourly rate for ordinary hours.

Payment for time lost due to inclement weather

is subject to a maximum of 32 hours pay in any

four week period for each employee.

• In week 1, employees’ have 32 hours

(4 days) inclement weather entitlement

standing to their credit.

• In week 2, employees’ have 24 hours

(3 days) inclement weather entitlement

standing to their credit.

• In week 3, employees have 16 hours

(2 days) inclement weather entitlement

standing to their credit.

• In week 4, employees have 8 hours (1 day)

of inclement weather entitlement standing

to their credit.

The following inclement weather calendar

regulates how the 32 hours inclement weather

payment operates over each four week period.

38

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 41: 2015 MB NSW Magazine Jun-Jul

industrial relations

INCLEMENT WEATHER CALENDAR

PERIOD COVERED 6-Jul-15 TO 25-Sep-16 PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 PERIOD 5 PERIOD 6 PERIOD 7 PERIOD 8Mon 6-Jul-15 3-Aug-15 31-Aug-15 28-Sep-15 26-Oct-15 23-Nov-15 21-Dec-15 18-Jan-16Tues 7-Jul-15 4-Aug-15 1-Sep-15 29-Sep-15 27-Oct-15 24-Nov-15 22-Dec-15 19-Jan-16Wed 8-Jul-15 5-Aug-15 2-Sep-15 30-Sep-15 28-Oct-15 25-Nov-15 23-Dec-15 20-Jan-16Thurs 9-Jul-15 6-Aug-15 3-Sep-15 1-Oct-15 29-Oct-15 26-Nov-15 24-Dec-15 21-Jan-16Fri 10-Jul-15 7-Aug-15 4-Sep-15 2-Oct-15 30-Oct-15 27-Nov-15 25-Dec-15 22-Jan-16Sat 11-Jul-15 8-Aug-15 5-Sep-15 3-Oct-15 31-Oct-15 28-Nov-15 26-Dec-15 23-Jan-16Sun 12-Jul-15 9-Aug-15 6-Sep-15 4-Oct-15 1-Nov-15 29-Nov-15 27-Dec-15 24-Jan-16

Mon 13-Jul-15 10-Aug-15 7-Sep-15 5-Oct-15 2-Nov-15 30-Nov-15 28-Dec-15 25-Jan-16Tues 14-Jul-15 11-Aug-15 8-Sep-15 6-Oct-15 3-Nov-15 1-Dec-15 29-Dec-15 26-Jan-16Wed 15-Jul-15 12-Aug-15 9-Sep-15 7-Oct-15 4-Nov-15 2-Dec-15 30-Dec-15 27-Jan-16Thurs 16-Jul-15 13-Aug-15 10-Sep-15 8-Oct-15 5-Nov-15 3-Dec-15 31-Dec-15 28-Jan-16Fri 17-Jul-15 14-Aug-15 11-Sep-15 9-Oct-15 6-Nov-15 4-Dec-15 1-Jan-16 29-Jan-16Sat 18-Jul-15 15-Aug-15 12-Sep-15 10-Oct-15 7-Nov-15 5-Dec-15 2-Jan-16 30-Jan-16Sun 19-Jul-15 16-Aug-15 13-Sep-15 11-Oct-15 8-Nov-15 6-Dec-15 3-Jan-16 31-Jan-16

Mon 20-Jul-15 17-Aug-15 14-Sep-15 12-Oct-15 9-Nov-15 7-Dec-15 4-Jan-16 1-Feb-16Tues 21-Jul-15 18-Aug-15 15-Sep-15 13-Oct-15 10-Nov-15 8-Dec-15 5-Jan-16 2-Feb-16Wed 22-Jul-15 19-Aug-15 16-Sep-15 14-Oct-15 11-Nov-15 9-Dec-15 6-Jan-16 3-Feb-16Thurs 23-Jul-15 20-Aug-15 17-Sep-15 15-Oct-15 12-Nov-15 10-Dec-15 7-Jan-16 4-Feb-16Fri 24-Jul-15 21-Aug-15 18-Sep-15 16-Oct-15 13-Nov-15 11-Dec-15 8-Jan-16 5-Feb-16Sat 25-Jul-15 22-Aug-15 19-Sep-15 17-Oct-15 14-Nov-15 12-Dec-15 9-Jan-16 6-Feb-16Sun 26-Jul-15 23-Aug-15 20-Sep-15 18-Oct-15 15-Nov-15 13-Dec-15 10-Jan-16 7-Feb-16

Mon 27-Jul-15 24-Aug-15 21-Sep-15 19-Oct-15 16-Nov-15 14-Dec-15 11-Jan-16 8-Feb-16Tues 28-Jul-15 25-Aug-15 22-Sep-15 20-Oct-15 17-Nov-15 15-Dec-15 12-Jan-16 9-Feb-16Wed 29-Jul-15 26-Aug-15 23-Sep-15 21-Oct-15 18-Nov-15 16-Dec-15 13-Jan-16 10-Feb-16Thurs 30-Jul-15 27-Aug-15 24-Sep-15 22-Oct-15 19-Nov-15 17-Dec-15 14-Jan-16 11-Feb-16Fri 31-Jul-15 28-Aug-15 25-Sep-15 23-Oct-15 20-Nov-15 18-Dec-15 15-Jan-16 12-Feb-16Sat 1-Aug-15 29-Aug-15 26-Sep-15 24-Oct-15 21-Nov-15 19-Dec-15 16-Jan-16 13-Feb-16Sun 2-Aug-15 30-Aug-15 27-Sep-15 25-Oct-15 22-Nov-15 20-Dec-15 17-Jan-16 14-Feb-16

PERIOD 9 PERIOD 10 PERIOD 11 PERIOD 12 PERIOD 13 PERIOD 14 PERIOD 15 PERIOD 16Mon 15-Feb-16 14-Mar-16 11-Apr-16 9-May-16 6-Jun-16 4-Jul-16 1-Aug-16 29-Aug-16Tues 16-Feb-16 15-Mar-16 12-Apr-16 10-May-16 7-Jun-16 5-Jul-16 2-Aug-16 30-Aug-16Wed 17-Feb-16 16-Mar-16 13-Apr-16 11-May-16 8-Jun-16 6-Jul-16 3-Aug-16 31-Aug-16Thurs 18-Feb-16 17-Mar-16 14-Apr-16 12-May-16 9-Jun-16 7-Jul-16 4-Aug-16 1-Sep-16Fri 19-Feb-16 18-Mar-16 15-Apr-16 13-May-16 10-Jun-16 8-Jul-16 5-Aug-16 2-Sep-16Sat 20-Feb-16 19-Mar-16 16-Apr-16 14-May-16 11-Jun-16 9-Jul-16 6-Aug-16 3-Sep-16Sun 21-Feb-16 20-Mar-16 17-Apr-16 15-May-16 12-Jun-16 10-Jul-16 7-Aug-16 4-Sep-16

Mon 22-Feb-16 21-Mar-16 18-Apr-16 16-May-16 13-Jun-16 11-Jul-16 8-Aug-16 5-Sep-16Tues 23-Feb-16 22-Mar-16 19-Apr-16 17-May-16 14-Jun-16 12-Jul-16 9-Aug-16 6-Sep-16Wed 24-Feb-16 23-Mar-16 20-Apr-16 18-May-16 15-Jun-16 13-Jul-16 10-Aug-16 7-Sep-16Thurs 25-Feb-16 24-Mar-16 21-Apr-16 19-May-16 16-Jun-16 14-Jul-16 11-Aug-16 8-Sep-16Fri 26-Feb-16 25-Mar-16 22-Apr-16 20-May-16 17-Jun-16 15-Jul-16 12-Aug-16 9-Sep-16Sat 27-Feb-16 26-Mar-16 23-Apr-16 21-May-16 18-Jun-16 16-Jul-16 13-Aug-16 10-Sep-16Sun 28-Feb-16 27-Mar-16 24-Apr-16 22-May-16 19-Jun-16 17-Jul-16 14-Aug-16 11-Sep-16

Mon 29-Feb-16 28-Mar-16 25-Apr-16 23-May-16 20-Jun-16 18-Jul-16 15-Aug-16 12-Sep-16Tues 1-Mar-16 29-Mar-16 26-Apr-16 24-May-16 21-Jun-16 19-Jul-16 16-Aug-16 13-Sep-16Wed 2-Mar-16 30-Mar-16 27-Apr-16 25-May-16 22-Jun-16 20-Jul-16 17-Aug-16 14-Sep-16Thurs 3-Mar-16 31-Mar-16 28-Apr-16 26-May-16 23-Jun-16 21-Jul-16 18-Aug-16 15-Sep-16Fri 4-Mar-16 1-Apr-16 29-Apr-16 27-May-16 24-Jun-16 22-Jul-16 19-Aug-16 16-Sep-16Sat 5-Mar-16 2-Apr-16 30-Apr-16 28-May-16 25-Jun-16 23-Jul-16 20-Aug-16 17-Sep-16Sun 6-Mar-16 3-Apr-16 1-May-16 29-May-16 26-Jun-16 24-Jul-16 21-Aug-16 18-Sep-16

Mon 7-Mar-16 4-Apr-16 2-May-16 30-May-16 27-Jun-16 25-Jul-16 22-Aug-16 19-Sep-16Tues 8-Mar-16 5-Apr-16 3-May-16 31-May-16 28-Jun-16 26-Jul-16 23-Aug-16 20-Sep-16Wed 9-Mar-16 6-Apr-16 4-May-16 1-Jun-16 29-Jun-16 27-Jul-16 24-Aug-16 21-Sep-16Thurs 10-Mar-16 7-Apr-16 5-May-16 2-Jun-16 30-Jun-16 28-Jul-16 25-Aug-16 22-Sep-16Fri 11-Mar-16 8-Apr-16 6-May-16 3-Jun-16 1-Jul-16 29-Jul-16 26-Aug-16 23-Sep-16Sat 12-Mar-16 9-Apr-16 7-May-16 4-Jun-16 2-Jul-16 30-Jul-16 27-Aug-16 24-Sep-16Sun 13-Mar-16 10-Apr-16 8-May-16 5-Jun-16 3-Jul-16 31-Jul-16 28-Aug-16 25-Sep-16

In First Week Of Employment 32 Hours

In First Week Of Employment 32 Hours

In Second Week Of Employment 24 Hours

In Second Week Of Employment 24 Hours

In Third Week Of Employment 16 Hours

In Third Week Of Employment 16 Hours

In Fourth Week Of Employment 8 Hours

In Fourth Week Of Employment 8 Hours

WEEK AND CREDIT

39

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 42: 2015 MB NSW Magazine Jun-Jul

industrial relations

SHOULD YOUR NEW WORKER BE A CONTRACTOR OR EMPLOYEE?Master Builders Director Construction Peter Glover discusses the latest in a long line of Court cases on determining the difference between a contractor and an employee.

A Full Federal Court recently ruled that two

housekeepers, who were pushed onto

independent contractor arrangements,

continued to be employees after the

purported conversion.

The Full Federal Court decision adds

to the law on the difference between

employees and independent contractors, by

focussing more closely on the definition of

independent contractors.

Employees 'engaged' by labour hire firm

Two housekeepers were engaged and

worked as employees for Quest South Perth

Holdings (QSP). In 2009, QSP advised the

two employees they would be engaged by a

labour hire firm called Contracting Solutions

Pty Ltd (CS).

However, nothing else changed in the

employees’ work arrangements. Following

this, the Fair Work Ombudsman sought to

challenge the legality of this arrangement in

the Federal Court. Ultimately, three judges

ended up deciding the case while convening

at the Full Federal Court. In short, the three

judges found the two housekeepers were not

running their own businesses and continued

to be employees.

Independent contractors want profit

In considering if the two housekeepers were

genuine independent contractors, the judges

considered that “a hallmark, if not the primary

hallmark of running a business is the pursuit of

profit. A commercial enterprise, no matter how

small, is an undertaking in which time, money

and effort are risked in that hope of making a

profit,” the majority of judges said.

“Unlike the employee, who will be content to

be remunerated with a wage which reflects the

value of the personal services provided, the

entrepreneur providing commercial services will

want to be remunerated by making a profit.

“In pursuit of a profit, the independent

contractor will not merely seek remuneration

commensurate with the value of the personal

services or work provided, but will want a

return on the risk and expense involved in

running a business.”

The judges also relied on case law from the

High Court of Australia that indicated it was

“intuitively unsound” to conclude that unskilled

workers are running their own businesses

when providing their labour.

“Where the hallmarks of a business are absent,

it will be a short step to the conclusion that the

worker is an employee.”

Court determination is 'instructive'

The above determination by the Court is

instructive, particularly when questioning how

unskilled workers such as labourers or even

apprentices can work independently and therefore

be genuinely running their own business.

In further considering the case of the two

housekeepers, the judges also determined

that: “It follows that if there was a contract

between Quest and each of the housekeepers,

it must have been an employment contract,”

they said.

“That conclusion, reached by a process of

elimination, is confirmed by a multi-factorial

factual analysis – which unquestionably

reveals the common hallmarks of an

employment relationship between Quest and

each of the workers.”

The judges said the housekeepers:

• Provided their labour to QSP personally

• Did not and, presumably, had no capacity

to delegate

• Worked as and when required by QSP

under its direction, supervision and control

• Wore QSP’s uniforms and were

represented as part of its business

• Carried-out activities that were integrated

with QSP’s business

• Used QSP equipment and facilities

“The basis of the calculation of and the

quantum of their remuneration was consistent

with what may be expected would be paid to

an employee performing the same work,” the

judges said.

Conversion to contracts with new title

called 'somewhat incredible'

Finally, the judges observed the employers’

view that the housekeepers would convert to

independent contracts, simply by accepting

the new title was somewhat incredible.

“For Quest to have accepted a proposition as

simplistic as that, advanced by a party with a

financial interest in what was then a proposed

commercial arrangement, in the absence of

independent advice was probably reckless,”

the majority of judges said.

Master Builders’ Industrial Relations

Department can assist in determining if

a person is an employee or independent

contractor through its Independent Contractor

Assessment Service.

Members seeking to make use of this service

should contact the association’s Industrial

Relations Department in Sydney by phoning 02

8586 3555, or alternatively call the Newcastle

Office on 02 4953 9400.

2015

toyota.com.au

Save thousands on your next car with a Gold Fleet DiscountAt the end of a hard day onsite, you can relax knowing you’ll save thousands on your next car. As a Master Builders Association member, you can enjoy Gold Fleet Discounts on the unbreakable HiLux, or any car you choose from the Toyota range.* Talk to your local Fleet Specialist today about the right vehicle for you.

To fi nd your local Fleet Specialist Dealer, call 1800 444 847.

*Excluding Special Edition models. TFM

1822

MB

A 0

5/15

®

A deal built for you

TFM1822_NLF_HiLux_AssocPress_MBA_C1.indd 1 8/05/2015 4:27 pm

40

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 43: 2015 MB NSW Magazine Jun-Jul

2015

toyota.com.au

Save thousands on your next car with a Gold Fleet DiscountAt the end of a hard day onsite, you can relax knowing you’ll save thousands on your next car. As a Master Builders Association member, you can enjoy Gold Fleet Discounts on the unbreakable HiLux, or any car you choose from the Toyota range.* Talk to your local Fleet Specialist today about the right vehicle for you.

To fi nd your local Fleet Specialist Dealer, call 1800 444 847.

*Excluding Special Edition models. TFM

1822

MB

A 0

5/15

®

A deal built for you

TFM1822_NLF_HiLux_AssocPress_MBA_C1.indd 1 8/05/2015 4:27 pm

Page 44: 2015 MB NSW Magazine Jun-Jul

training

KEEP UP TO DATE WITH REGULATORY CHANGES AND TECHNOLOGYMaster Builders continues to offer top-of-the-line training for building and safety courses.

A timely addition to the course schedule is the

Introduction to Security of Payment Act.

This seminar provides participants a detailed

look at the Security of Payment Act from a

perspective.

All course schedules are available online at

www.mbansw.asn.au/Training/Course-List

For those who have not yet discovered the

full potential of their tablet PC, the iPad for

Business course is worth joining. The two-day

course includes a new Apple iPad, the basics

of using an iPad and how it can function as a

portable business tool.

Asbestos Assessor – 20th to 21st July, Baulkham Hills; 24th August, Baulkham HillsThis asbestos course is a must if you want to apply for an occupational licence from WorkCover NSW. Members $949Non-Members $1,13923 CPD Points

Asbestos Awareness – 1st July, Baulkham HillsKnow your ACMs? Be savvy about what asbestos containing materials are and how to identify them.Members $139Non-Members $147 CPD Points

Building Consultant – 13th to 14th July, Baulkham Hills; 29th to 30th July, NewcastleThis popular course provides the skills and knowledge necessary for current builders to produce building reports.Members $749 Non-Members $89922 CPD Points

Demolition Supervisor Restricted – 7th July, H&S Emu Plains Members $1890Non-members $1950

First Aid – 9th July, Gosford; 10th July, Baulkham Hills; 15th July, Newcastle; 13th August, Baulkham Hills; 14th August, UnanderraThis course describes the skills and knowledge required to provide a first aid response to a casualty.Members $139Non-Members $14914 CPD Points

General Construction Induction – 3rd July, Baulkham Hills; 23rd July, Ulladulla; 23rd July, Gosford; 24th July, Ulladulla; 6th August, Newcastle; 24th August, Baulkham HillsGet your White Card, required by the National Code of Practice for all workers and others who carry out construction work.Members $139Non-Members $15912 CPD Points

Remove Non-Friable Asbestos – 22nd July, Baulkham Hills; 3rd August, Newcastle; 26th August, Baulkham HillsThis nationally accredited program specifies the outcomes required to remove non-friable asbestos containing material.Members $339Non-Members $40914 CPD Points

Supervise Asbestos Removal – 23rd July, Baulkham Hills; 4th August, Newcastle; 27th August, Baulkham HillsBe an industry leader with this nationally accredited course to supervise the removal of asbestos.Members $389Non-Members $46914 CPD Points

Test & Tag – 24th July, Baulkham Hills; 31st July, Axiom Compliance; 31st July, Wollongong; 7th August, Ulladulla; 21st August, Baulkham Hills; 28th August, Ballina; 31st August, NewcastleThis course provides participants with the skills, knowledge and understanding for the testing and tagging of electrical equipment.Members $329Non-members $379 7 CPD Points

Business Planning – 28th July, Baulkham Hills This course helps you make smarter decisions, manage your costs and run your business more profitability.Members $279Non-Members $3397 CPD Points

Business Strategy – 29th July, Baulkham HillsDon’t have control of your business? Get in the driver’s seat and take control.Members $279Non-Members $339

Contracts and Insurance Workshop – 26th August, Ulladulla; 27th August, UlladullaCovering insurance for construction, contracts, and common pitfalls in the residential building sector.Members $109Non-Members $1594 CPD Points

InDesign – 14th July, Baulkham Hills; 20th August, Baulkham HillsThis course is perfect for those interested, or involved in, the design and marketing side of business.Members $299Non-Members $349

Introduction to Security of Payment Act – 15th July, Ulladulla; 24th August, Baulkham HillsThis seminar provides participants a detailed look at the Security of Payment Act from a perspective.Members $99Non-Members $1192 CPD Points

Managing Psychological Illness & Injury – 4th August, Baulkham Hills This workshop provides an overview of common psychological issues in the workplace and current management strategies.Members $199Non-Members $2394 CPD Points

iPad for Business –16th July, Baulkham HillsGet a new iPad, learn the basics and learn how your iPad can function as a portable business tool.Members $949Non-Members $9997 CPD Points

Microsoft Excel Essentials –15th July, Baulkham HillsThis course covers lists, budgets, forecasts, and provides participants with the skills to work confidently with Microsoft Excel.Members $299Non-Members $3497 CPD Points

Microsoft PowerPoint Essentials – 17th July, Baulkham Hills; 19th August, Baulkham HillsLearn to quickly and easily create professional presentations for colleagues and clients.Members $229Non-Members $3497 CPD Points

Microsoft Word Essentials – 18th August, Baulkham HillsThis course provides participants with the basic skills to comfortably navigate around the core of Microsoft Word.Members $299Non-Members $349 7 CPD Points

Project Management – 20th July, Baulkham Hills; 12th August, Baulkham HillsThis course helps tradies prioritise business requirements while also contributing to an Australian Institute of Project Management endorsement.Members $349Non-Members $41914 CPD Points

Sustainability & Green Living – 21st to 22nd July, Baulkham HillsBe a leader and understand the scope and application of the energy provisions in the NCC and broader sustainability innovations.Members $679Non-Members $81914 CPD Points

SCHEDULE

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

42

Page 45: 2015 MB NSW Magazine Jun-Jul

training

DEVELOP VALUABLE SKILLS FOR WORK AND LIFEBy Jake Curran, Short Course Coordinator at Master Builders

Project management can help you develop

skills and abilities, which are used both in the

construction industry and in our day-to-day

lives. Project management can also identify

best practices in order to better manage

people, outcomes and results.

I once heard this comment on a job site:

"Brain’s the best tool you’ve got mate’ as I

watched the young bloke, hammer in hand,

stop and contemplate why the 28mm clouts

he had just used on a bit of two-by-four were

not doing what they were supposed to.

This is an amusing anecdote, but it also

gives way to the importance of using your

mind on the job and the importance of

developing the "smarts you have got".

Specifically, project management helps develop

skills and abilities around:

• Learning where to best allocate your efforts,

and where to create boundaries – as much

as we would like to think we can do it all

• Using your staff wisely. You do not have to

be a ‘people person’ to understand best

practices of human resources

• Ensuring processes exist to create a

good result. Remember, the outcome you

produce is a reflection of you

• Managing your time and understanding the

processes and stages which the project

will go through to avoid surprises

• Understanding the procedures to get it

done efficiently – no one likes unnecessary

administrative work, so work smarter

• Be savvy about how you communicate and

determine the ‘need to knows’, information

flow can make or break any project

• It comes down to cost, so understanding

how to manage that is a must and that is

the bottom line

In the job market the opportunities for

skilled project managers are endless, with

pathways for contract officers, estimators and

schedulers, project administrators, project

coordinators and quality officers, among

others. Remember, it is all about developing

the "smarts" you have got.

Courses

20-24 JULY 2015 Diploma of Project Management

(BSB51413)

7-11 SEPTEMBER 2015 Certificate IV in Project Management

(BSB41513)

Both courses are also offered through

online learning, contact us today for more

information:

Phone: 02 8586 3588

Email: [email protected]

MASTER BUILDERS GETS CIVIL

Over the next three years, there are some

major road developments and upgrades

coming for New South Wales, including the

WestConnex, NorthConnex and Sydney’s

second airport projects. With the NSW

Government investing in such major works,

the civil construction industry has received a

sizable injection.

Accordingly, MBA NSW’s Training

Department is excited to announce the

availability of full civil construction training

programs for skid steer, backhoe loader,

front end loader and excavator as part of its

portfolio – this also includes verification of

competency training.

These courses delivered range from two to

five days, depending on the participant’s

experience, and which machine they

require training for. Courses are delivered

in association with industry leaders in civil

construction training, located in Western

Sydney.

While training in civil construction

machinery is required to satisfy legislative

and regulatory requirements, operators

working in the industry are well aware of

the benefits of having quality training and

the savings that come with that in reducing

mistakes, repairs, and maintenance costs.

It is exciting times ahead for Master Builders

and civil construction.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

43

Page 46: 2015 MB NSW Magazine Jun-Jul

technology

Mobile technology can save you time and potentially money. Allowing you to free-up your schedule to do more of what you enjoy.

There are easy steps you can take to change

the way you do things and enjoy life a whole

lot more.

At one point in life you may have been unable

to drive a car, so you invested time to learn.

Now that you can drive it is not inconceivable

you would walk to work carrying your tools.

This is technology adapting to do something

new in order to make your daily tasks easier.

Here are some simple smartphone applications

that I use everyday. If you are doing all of them

that's great but, if you are not, please consider

taking onboard at least one or two of these

suggestions. You will find your confidence

grows, and you will start doing more.

John's contact tips and tricks:

1. Update the new contact details correctly:

Enter the correct information into the

correct fields or the line on your phone, for

example. When entering-in a new contact,

if the first name is requested put in the first

name not the first and last name. Later

when you use apps and other computer

programs, the basic information will be

drawn out of the contact, including the

surname, company, and phone. Note

you can choose different phone numbers

including mobile, home, work and email.

The more information entered correctly the

easier life will be for you later.

SMARTPHONES CAN DO MORE THAN CONNECT YOU TO YOUR CUSTOMERS.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

44

Page 47: 2015 MB NSW Magazine Jun-Jul

technology

2. Add Favourites: Add your most often used

contact to your favourites. Time is money

and being able to quickly access your

foreman, labourer or subcontractor by

having the right phone number will save

time and money.

3. Take a photo of your contact when

creating a new contact: Add a photo to the

contact details. I have often seen a name

come up on my phone and thought 'who

the hell is this'. If a name and photo comes

up, I am giving myself a greater chance

of associating the name and face so I can

remember who is calling me.

4. Add dates: Birthdays, anniversaries, and

reminders for the particular contact.

5. Enter notes: Sometimes enter notes

about the contact such as the wife’s name

children’s name, previous employers, etc.

6. Add contact addresses: Once you have

entered the correct information it can be

used to determine when a new project is

beginning. It can also be imported by other

applications, shared with workers or simply

copied and pasted into other apps.

Text messaging tips and tricks

A simple fact regarding text messaging is

effective communication only occurs if the

message is received and understood. Often text

messages are sent and no reply is received.

Just because you send a text does not mean

the person that you sent it to receives the text.

Their phone may be broken, lost, set to silent

mode or the battery may be dead.

1. Send short and clear instructions

2. Take a photo and send it to your workers,

boss, client and architect.

3. Take a video and either send it or use

it to show your workers what to do,

for example use the video to show the

worker where the site key is hidden or

what to do first-thing in the morning when

arriving onsite.

4. Send a group message such as advising

all subbies the site is closed due to wet

weather.

5. Send a voice message: You can send a

voice memo via iMessage.

6. Use a shortcut text: These can be set up in

settings (OMY means on my way)

7. Never text-message and drive.

Arrange icons on your phone and create

groups:

1. Set up icons on your phone based on your

needs. For example, have emails, contacts

and messages easily accessible as well as

what you need to do or use regularly, such

as stocks further down the order.

2. Create groups such as finance so you

can combine all your banking and finance

information into the single folder.

3. The regular icons I use are Phone, Emails,

Safari (or Google), Contacts, Messages,

Notes, Calendar, Camera, Maps, Weather,

Calculator, Clock Reminders and Google

Drive – for company records of current

jobs, quotes and the operating manual.

Notes:

1. Make a list of materials needed, then either

text or email or AirDrop the information.

2. Dictate using your phone and the spoken

words will be translated to writing.

3. Jot down your ideas and thoughts as they

come into your head.

Calendar:

1. Set up everything, work, quote deadlines

and make appointments.

2. Your birthday and mates' birthday.

3. Reminders to get stuff done.

4. Set up meetings and invite your other

contacts,

5. Personalise calendars for quotes, jobs and

personal life.

There are many more uses for smartphones

in the workplace. For more information,

contact John O'Neill:

Phone: 02 9999 1211

Email: [email protected]

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

45

Page 48: 2015 MB NSW Magazine Jun-Jul

policy priorities

INCONSISTENT REGULATIONS ARE IMPACTING ON AUSTRALIA’S CONSTRUCTION SECTORThe industry has questioned the varying regulatory hurdles builders face in different states and territories. The cost of compliance is sometimes so great it can amount to 12 per cent of a project's total capital expenditure.

By Andrew Heaton, Sourceable.net

Imagine for a moment you were trying to run

a large international city with a metropolitan

population of 20 million people or more.

Would you divide that city into eight separate

jurisdictions and have each adopt its own

different rules and processes for builder

registration, trade licensing, planning

and building approvals, environmental

assessments, building contracts legislation,

consumer protection and occupational health

and safety?

Would you force plumbers licenced in one part

of the city to navigate up to eight different sets

of rules and processes for licensing in order to

operate in other parts of the city? How about

drafts people? Would you require these to be

registered in some jurisdictions but not others?

Or would you create one set of consistent

rules and processes across the city?

The answer is obvious. Yet, in Australia,

builders and tradespeople are forced to

grapple with eight different systems for

almost every facet of regulation, which

impacts their business.

In one state, a residential builder might be

able to construct a 25 sqm pergola without

approval; in another state, it might be 10 sqm.

Compliance is different from state to state

Domestic builder contracts, consumer

protection and warranty regimes and dispute

resolution systems all differ from state to state.

46

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 49: 2015 MB NSW Magazine Jun-Jul

policy priorities

Even the terminology is different: A building

approval is referred to as a ‘construction

certificate’ in New South Wales, a ‘building

permit’ in Victoria and a ‘development

approval’ in South Australia.

Beyond that, there is the plethora of rules at

the local council level. One builder in a recent

focus group conducted by the Master Builders

Association (MBA) complained of having to

deal with more than 50 different councils, each

one of which has a different set of application

paperwork, documents, fees, contributions,

building controls, cut and fill policies, storm

water policies and tree preservation policies.

In one case, according to Richard Calver,

national director, industrial relations and

legal counsel at MBA, a builder performing a

straightforward ‘drop and go’ concrete pour

taking around 20 minutes for a residential

extension within a major city had to expend

what is understood to have been around

$1200 worth of cash and time to organise a

road management plan and a traffic controller

(even though the job was in a quiet back

street), obtain a permit and complete a

plethora of paperwork.

Had the job have been on the other side of the

street, which was in another council area, none

of this would have been necessary and the

truck would have turned up, made the delivery

and been on its way.

In qualifications and registration, too, whilst the

Mutual Recognition Act 1992 generally allows

those licensed in one jurisdiction to operate at

their equivalent level elsewhere, nuances arise.

In Victoria, a licensed building surveyor can be

all-things to people. In New South Wales, three

different grades apply.

An unlicensed draftsperson legally operating

in Albury, on the NSW southern border,

would be breaking the law by driving across

the bridge over the Murray and completing a

job in Wodonga in Victoria, where licensing

is required.

Despite harmonisation of occupational health

and safety rules, builders in the Australian

Capital Territory are unable to remove even small

quantities of asbestos despite being required to

undertake a course in asbestos identification.

Even in the one area where national

harmonisation has been achieved – the

National Construction Code – a number of

councils over the years have tried to add on

requirements for increased minimum ceiling

heights, greater water and energy efficiency

and larger room sizes.

Counting the cost of compliance

The impact is significant. In the residential

sector, for instance, anecdotal evidence from

builders suggests the burden of regulatory fees

and compliance adds between 8 to 12 per cent

to the cost of building an average Australian

home, Master Builders Australia reckons.

Some top-tier builders have staff in each state

specifically charged with navigating regulatory

processes in that jurisdiction, which is wasteful.

Challenges associated with the differing

licensing regimes make it more difficult for

companies to transfer workers across projects

in different states and for skilled labour to

migrate from areas where demand is soft to

those where their skills are more needed.

In one case, a large multi-national electrical

subcontracting outfit spent several months

obtaining cross-jurisdictional registration

for their builders and engineers for a major

broadband contract even though the

requirements were largely duplicated.

Other associations say the impact of all this

cannot be understated, especially at the

smaller and more fragmented end of the

industry and particularly when it comes to

older builders.

“There are member of ours who we speak to

who call us up and say ‘I need to understand

this process,'" a senior executive director from

the industry said.

“When we have that conversation with them –

particularly older builders- they talk to us about

how hard it has become and that they are

considering turning in their tool belts.”

Others say the situation is farcical.

“When I talk about the Australian regulatory

landscape, I talk about the eight countries of

Australia,” Professor Kim Lovegrove FAIB, a

partner at construction and planning law firm

Lovegrove Smith and Cotton and conjoint

professor of building regulation at the University

of Newcastle said.

Market 'unsustainable' and 'uncompetitive'

Renowned construction guru David

Chandler OAM, meanwhile, says Australia’s

fragmented ‘8 + NZ market’ is ‘unsustainable

and uncompetitive’ in a world of changing

technology and building systems.

What can be done? To address local issues,

Master Builders is calling for a My Council

website, similar to those in place for schools

and hospitals.

The site would feature key performance

indicators on local councils such as the

time taken and costs charged to approve a

standard development applications as well

as the amount of ‘developer charges’ they

impose for new residential developments and

all local variations to the National Construction

Code, including why these variations are in

place and how much they add to the cost of

new housing.

Lovegrove would like to see more conversation

about harmonisation through the Australian

Building Codes Board, which has responsible

ministers from each jurisdiction on its

board. A senior executive director from the

industry wants prohibitions on local planning

requirements, which add to the BCA.

Still, there are few signs of any major significant

forms of momentum when it comes to

replicating the type of progress that was

achieved through the BCA in other areas.

The eight countries of Australia are costly and

inefficient, but for now it looks like they are here

to stay.

About Andrew Heaton

Andrew Heaton is an established writer in

the building and construction industry. After

graduating with a Bachelor of Commerce

degree, he worked for many years as a certified

practising accountant and business journalist.

Having worked for Sourceable since 2011,

Andrew is a senior writer on both domestic

and international topics delivering strong and

informative business coverage impacting the

built environment.

Email: [email protected]

Website: https://sourceable.net

As published on www.Sourceable.net on May 20, 2015.Sourceable.net delivers daily news and analysis impacting the Built Environment.

47

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 50: 2015 MB NSW Magazine Jun-Jul

membership

ROCK & ROLL BUILDER LAYS HIS ‘CARDS ON THE TABLE’Glenn ‘ginger’ Baker not only loves to build and renovate houses but he loves to build a beat.

Mixing it up with his rock band Eye On You and

his building contracting business, Glenn Baker

Builder, can be tricky even for this experienced

building practitioner.

Kicking off in the late 1970s Glenn was

apprenticed to his builder-dad, Paul

Baker, who was known for his work on the

Bellhaven Ballrooms-Wedding Reception

Centre at Wentworthville.

It was built in the shape of an ocean liner. With

his dad, Glenn helped build the Seashells

Beach Resort at Diamond Beach on the mid-

North Coast.

This comprised of 36 hotel rooms, a restaurant

and squash court.

“We would dabble in all aspects of the job. This

was particularly handy when trades were hard

to come by and we had to rely on ourselves,”

Glenn said.

“In about ‘82, I went out by myself and

started doing bits and pieces of maintenance

work before travelling overseas where I was

fortunate to work on Bourbon St, New Orleans

on the fitout of a nightclub.

“This was a great place for me to pursue my

musical interest (the drums) with various bands

including the Harvey Sparks Band.”

By 1987 Glenn had started his own business

as a carpenter. He followed this up with his

builders licence during the early 1990s. Since

then it has been “all-go” with his business,

band and family.

Key projects Glenn has undertaken include his

present job at Koolewong, a lovely home for

a fabulous client at McMasters Beach, and a

unique job at Davistown where he built a vast

home on a “little old block”.

The industry has changed a lot over the years,

particularly with the widespread introduction of

the mobile phone.

“Dad would use to have to ring all his trades

after dinner as many wouldn’t get home till

then. He would then have to sort out the

schedule for the next day,” Glenn said.

“These days we can sort it all out during

business hours of which we stick to a normal

days shift and no weekends – I’m a big

believer in life outside of work.

“Cordless tools have improved safety on sites

and nail guns have sped up the work. Emails

have made everything so much quicker as well.”

Documenting for BAS, work, health and safety,

insurance and banking have affected daily

business operation, prompting Glenn to allocate

plenty of time for this side of the business.

“I have a good team of on site workers who

assist me on a regular basis. This includes

three licenced builders, a qualified builder and

a young apprentice who outside of work likes

to mix it up with the best in the local rugby

scene at the Gosford Devils,” he said.

“I have now been a member of the MBA for the

past eight years, and find it really handy as a

source of up to date information from a legal,

insurance, staffing and safety perspective.

“I also find the local MBA meetings that are

held on a monthly basis up here on the Central

Coast to be of great value as we get to link up

with suppliers, service providers, government

bodies and other local members.

“The Central Coast is a great place to live,

work and raise kids of which I have three

daughters and a son. My wife Adrienne is

also involved with the business and does the

interior and exterior designs on spec homes

that we construct

“The best part about being on the coast is its

laid-back lifestyle, beaches, national parks and

– of course – the entertainment.”

Glenn’s band, Eye on You, recently released its

new album called Cards on the Table. Check it

out at www.eyeonyou.com.au

48

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 51: 2015 MB NSW Magazine Jun-Jul

membership

NET ZERO ENERGY CONSUMPTION FOR CORDEAUX HEIGHTS HOMEBy Louise Turk, The Illawarra Mercury

A house with zero net energy consumption and

a significantly reduced carbon footprint is being

built in Cordeaux Heights.

The property on Mungurra Hill Road is a 7.5-

star rated home and has a 90 per cent reduced

carbon footprint, compared with the average

Australian home.

Being net-zero energy means the total amount

of energy used by the building will roughly

equal the amount of renewable energy created

on the site.

The house will operate off treated rainwater.

Recyclable or renewable materials have been

used throughout the eco-friendly house.

The house was designed by Progenia

managing director Scott Redwood, who

is also project managing the construction.

Redwood used the experience he gained as

the design and construction manager of the

University of Wollongong’s award-winning

Illawarra Flame house.

Scott Redwood in front of his net-zero energy and water-efficient house, which his company is designing and constructing. At the rear are tradesmen Matt Alexander, Anthony Mifsud and Joshua Lobb. Picture: Kirk Gilmour, The Illawarra Mercury

The Cordeaux Heights home is a case

study for his master’s thesis on sustainable

design and development. It was designed by

Redwood using CSIRO-developed lifecycle

analysis software that determines a home’s

carbon footprint.

Redwood said the eco-friendly house would be

constructed for just 5 per cent more than the

building costs of a standard home.

‘‘This first real-life demonstration house

by Progenia shows that net-zero energy,

net-zero water and 90 per cent reduced

carbon footprint can be achieved with today’s

technologies, building practices, material and

at an affordable price,’’ he said.

‘‘This project demonstrates that aspects of

the Illawarra Flame house are achievable,

cost viable, realistic and there is a real

commercial demand for this sustainable

solution – in not just retrofit but in all

domestic housing projects.’’

The 7.5-star rating comes from the nationwide

house energy-rating scheme. To determine

how efficient the design of an existing or

yet-to-be-built home is, it is given a star rating

between zero and 10 stars. The New South

Wales standard is a four-star rating.

Redwood said there is growing demand

for eco-friendly homes as they are more

comfortable to live in due to their ability

to capture and maintain stable internal

temperatures, a reduced exposure to indoor

toxins and long-term cost savings through

lower energy and water bills.

‘‘I’ve got a few more on the books already,’’ he

said. ‘‘There’s another house getting built at the

same time in Bulli.’’

(c) Illawarra Mercury 2015. Reprinted with permission.

49

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 52: 2015 MB NSW Magazine Jun-Jul

membership

END OF FINANCIAL YEAR RELIEFThe end of the financial year is a busy time for the industry, with company and personal tax reporting and meeting accountants and financial planners usually meaning more quality time is spent away from the building site.

Even if you are a seasoned professional, end of

financial year can place extra demands on your

time if you have not adequately prepared for it.

To help you at tax time and assist young

members enter the business world, Master

Builders (MBA) has produced The Building

Business Start up Kit, which provides a

summary of relevant issues and requirements

at tax time. There is also handy advice on

planning for end-of-year payment of taxes,

business activity reporting, superannuation,

construction industry long service leave

payment scheme, payroll tax and other helpful

financial information.

This kit is designed both for those starting

a new business, and the more experienced

practitioners who are looking to expand their

current business model.

The Building Business Start up Kit is available

free-of-charge to members in hardcopy or is

downloadable from the MBA website. It is an

exclusive service for members of the MBA.

The Association regularly updates members

about changes to legislation and Australian

Taxation Office reporting requirements. MBA

recently produced a special member report

on the impact of the 2015-16 Federal Budget

to highlight its impact on the building and

construction industry.

This article also summarised the Small

Business Package benefits, which include

a corporate tax rate cut from 30 to 28.5 per

cent, immediate tax deductions of up to

$20,000 and removal of the fringe benefits tax

on mobile devices.

This information was communicated to members

by email “E-Circulars”, and also can be located

on the Association web site via the news icon or

through using the website search facility.

To order your printed copy of The Building

Business Start up Kit contact Member

Services by phoning 02 8586 3515.

50

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 53: 2015 MB NSW Magazine Jun-Jul

membership

NEW MEMBERS1 Choice Build MaintenanceMERRYLANDS

A 1 Building Consultants Australia Pty LtdALLAMBIE HEIGHTS

A B C Scaffolds Pty LtdEMU PLAINS

A M T Construction and Development Pty LtdCARINGBAH

A O Causley & K E CausleyMARRICKVILLE

A S J Developments Pty LtdNORTH RYDE

Aaron MansonHILL TOP

Abel WagnerWETHERILL PARK

Abora ConstructionsMANLY

Acu-Vib ElectronicsCASTLE HILL

Adam EvansANNA BAY

Adam LundbergSEVEN HILLS

Adam's Custom PatiosBARANDUDA

Advanced Concrete Sealing NSW Pty LtdBANGOR

Advisor Sydney City Pty LtdAVALON

Afa FaalongCANLEY HEIGHTS

Alan's Handyman & Building ServicesWERRINGTON

Albatross Constructions Pty LtdMARAYLYA

Alejandro DisciascioGREEN POINT

Alexander Construction Partners Pty LtdWORONORA

Alfred Ahn & Associates Pty LtdPYMBLE

Andrew FieldHAMILTON

Andrew WilsonYACKANDANDAH

Andrew WongBAULKHAM HILLS

Antonio WooEAST LINDFIELD

Aqua Remedial WorksBELMORE

Arrowtop ConstructionsMIRANDA

Aryan SamuelsMORTDALE

AusCo Construction & JoineryHASSALL GROVE

Auspro ProjectsST MARYS

Aussie Clean & SealSUMMER HILL

B D Building Management Pty LtdBONDI JUNCTION

B J Marmont ConstructionsGOULBURN

Basebuild Pty LimitedFLORAVILLE

Baucasa Pty LtdWILLOUGHBY

Beachview HomesALLAMBIE HEIGHTS

Bolun TaoWENTWORTH PARK

Boulder Projects Pty LtdLUGARNO

BPA BuildGWANDALAN

Brendan PeacockRIVERWOOD

Brett DaviesRYDAL

Brianda Pty LtdRANDWICK

Build By Design Pty LtdSUTHERLAND

Buildbright Pty LtdWINSTON HILLS

Buildcert Consultants Pty LtdBELMONT

Buildfix SydneyMANLY

Building and Carpentry Pty LtdMOUNT ANNAN

Buildspire Constructions Pty LtdOLD TOONGABBIE

Built Style Constructions Pty LtdMOSMAN

Builtmore Projects AustraliaBEXLEY

Buri Building & Design Pty LtdMATRAVILLE

Byrnes Entrance TechnologyTAREN POINT

C M A C Construction Group Pty LtdMARALYA

C M Building ServicesCARLTON

C P R Roofing Pty LtdGLADESVILLE

C Shafer & R J ShaferPORT MACQUARIE

C Y Options Pty LimitedERMINGTON

Callister Constructions Pty LtdCUMBALUM

Camden Renovation & Construction Pty LtdCAMDEN PARK

Cameron MarshallMITTAGONG

Caspian Painting ServiceNORTH ROCKS

Caswell Building ServicesCATTAI

Centric DevelopmentsCONNELLS POINT

Centrum Property Group Pty LtdRODD POINT

Charles ButtBANKSTOWN

Charles OsborneWEST PYMBLE

Chris BentleyEARLWOOD

Chris UsherKURRAJONG HILLS

Chris YooLIDCOMBE

Christopher MerfieldARNCLIFFE

Clinten HanckelWOLLI CREEK

Commstruct Pty LtdMACQUARIE CENTRE

Complementary Homes Pty LtdSEFTON

Connor BoonEASTGARDENS

Conor QuigleyFIVE DOCK

Crest Building Services CAREY BAY

D M I Excavations Pty LtdCONCORD

D V R Building SolutionsNORTH PARRAMATTA

Damian DuffyORANGE

Daniel AlosiMOOREBANK

Daniel RistevskiBEXLEY

David BettsBERKELEY VALE

Dennis Dal BonKELLYVILLE

Desmond HoganALBURY

Dimension Renovation Co.MARRICKVILLE

Dincel Construction System Pty LtdST CLAIR

Dinomo Pty LtdFAIRFIELD HEIGHTS

Diverse Carpentry ConstructionsSUSSEX INLET

Drayton Constructions Pty LtdTHORNTON

E D H Group Pty LtdTOOWOON BAY

Eco Trend Australia Pty LtdBELLA VISTA

Edmond RizkNORTH PARRAMATTA

Elegance Projects Management Pty LtdHAYMARKET

Elliott Projects Pty LtdNORTH SYDNEY

Emily McKaigASQUITH

Evolution Building ProjectsPENSHURST

F N M Investments Pty LtdPUNCHBOWL

Fastform Group Australia Pty LtdPRESTONS

Fine Point Carpentry & ConstructionsSOUTH COOGEE

Firm Build Projects Pty LtdBEXLEY

Flint Building & Renovations Pty LtdFREEMANS REACH

Forefront Commercial IndustrialPETERSHAM

Fred (Fouad) EldickBANKSTOWN

Fredo's Home ImprovementsKANAHOOKA

Fresh Build ConstructionsLANE COVE

Fresh Constructions Australia Pty LtdWARRIEWOOD

Fullers Mobile Cranes Pty LtdHOLROYD

Fulton Hogan Construction Pty LtdALEXANDRIA

Fusion Building Solutions Pty LtdWOOLGOOLGA

Future AbodeERINA

G J Building & Contracting Pty LtdBELFIELD

G P G ConstructionsHOMEBUSH

Galand Constructions & Sons Pty LtdMATRAVILLE

Gary FischerSOUTH GRAFTON

Genex BuildLONG JETTY

Gerardo Macip-TrialziASHFIELD

Global Abode Pty LtdBONDI JUNCTION

Griffith Sheds and Garages Pty LtdGRIFFITH

Guardright Industries Pty LtdPENRITH WESTFIELD

H & M Constructions (NSW) Pty LtdSYDNEY SOUTH

Hassan DarwicheCARLTON

Hassan NooriREGENTS PARK

Henare HoppingWOONONA

Hills Contruction Pty LtdKINGS LANGLEY

Hoek Projects Pty LtdWAVERLEY

Home Design CentreHALLIDAYS POINT

Hurford Holdings Pty LtdORANGE

Iconstruct Building & Carpentry Pty LtdBELLEVUE HILL

Imagecorp AustraliaBOTANY

Inline FacadesST ANDREWS

Ishac Constructions Pty LtdOLD TOONGABBIE

J & J Mileto Carpentry Pty LtdHINCHINBROOK

51

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 54: 2015 MB NSW Magazine Jun-Jul

membership

J & P Spinelli Trading TrustLAVINGTON

J A L G Pty LtdSOUTH ALBURY

J B P ConstructionERINA

J D L CorpDRUMMOYNE

J K Alderman Building Consultants Pty LtdWORONGARY

J W R Constructions Pty LtdJANNALI

Javen NawodyczWODONGA

Joe Gavin ConstructionsTHURGOONA

John PurcellALBURY

Jordan PatchingMONA VALE

Jows Construction Pty LtdMERRYLANDS

Jubal CooperCRONULLA

K P L Building Remedial Works Pty LtdBALMAIN

Kaine TrevorWEST WOLLONGONG

Kennards Hire BrookvaleBROOKVALE

Kevin XuSYDNEY

Kiva BuildingBALGOWLAH

Kohinor Scaffolding Pty LtdMOUNT KURING GAI

L M A ContractorsCASTLE HILL

Lachlan WarwickAVALON

Lalor ConstructionsCRONULLA

Leandro AzevedoYAGOONA

Leonardo AmodeoRYDE

Lexicon Developments Pty LtdCESSNOCK

Liam KennedySPRINGWOOD

LJB Kitchen & BathroomsTHE JUNCTION

Loumann Pty LtdSMEATON GRANGE

Luke PorchDUBBO

M & J Dreizi DevelopmentsKEIRAVILLE

M J Minard Pty LimitedEPPING

M J Williams Steel Fixing Pty LtdCOOGEE

Majestic Constructions Group Pty LtdKOGARAH

Make the Mark Building Services Pty LtdMANGERTON

Martin BonniciCRONULLA

Master Builders Association NSWBALLINA

Matthew WilliamsNARRAWEENA

Mavid Construction Pty LtdLORN

Maxwell MillerEPPING

Meridian Property Group NSW Pty LtdGREEN VALLEY

Mid North Coast Accredited Building CertifiersSMITHS LAKE

Mitchell FarrellyBOTANY

Mollymoo Pty LtdORANGE

Morgan StevensMANLY

Mozeley & Dodds Constructions Pty LtdLAURIETON

Myticorp Constructions Pty LtdKYEEMAGH

N B Cooke & T S CookeORANGE

N J Kelleher Pty LtdDUBBO

N T Bishop & S E McDonaldDEE WHY

Nathan AndersonNEWRYBAR

Nathan MaitreCABARITA

New Era Carpentry Pty LtdMAROUBRA

Nicholas CainMOONEY MOONEY

NorthbuildNARRABEEN

Northern Rivers Construction Pty LtdCUMBALUM

Novell Group Pty LtdBANKSMEADOW

NP BuildingBELMONT

O A & R Jackson Construction Pty LtdKENTHURST

O K Steelex Services Pty LtdPORT MACQUARIE

Oliver RalevskiSYLVANIA

P & R Homes NSW Pty LtdPADSTOW

P R A ConstructionsTAREN POINT

Paramount Retail ServicesMERRYLANDS

Paul ReidBANORA POINT

Paul ScobleMcLEANS RIDGES

Paul TheobaldKELSO

Performance Concrete Pty LtdCOLLAROY PLATEAU

Peter FodorMAROUBRA

Pittorino DesignsHILLSDALE

Plumb & Level Masonry P/LCONCORD

Programmed Facility ManagementPARRAMATTA

Projection Build Pty LtdKEIRAVILLE

Proway Livestock EquipmentWAGGA WAGGA

Pupa Pty LtdWEST HOXTON

Quadracon Building Pty LtdSUFFOLK PARK

R G Construction Management Pty LtdCASTLE HILL

R G Ewert & R J EwertYARRAWONGA

R R D Tiling Concepts Pty LtdTHE CHANNON

R S J Property Developments Pty LtdBASS HILL

R T E C NSW Pty LtdORANGE

Randall & Bond House RemovalsSMITHTOWN

RCQ Contracting Pty LtdMAROOCHYDORE

Reno Design ConstructionBURRILL LAKE

Rhys BriotTHORNLEIGH

Riggers Australia Pty LtdGLADESVILLE

Robert GerrieMERRYLANDS

Rockpave Civil Pty LtdGREENACRE

Roofing Craftsmen Pty LtdLENNOX HEAD

Roos Building Services Pty LtdPICNIC POINT

Ruby Sketch Pty LimitedHOBARTVILLE

Ryan ChoLIDCOMBE

Ryan JenkinMALABAR

Ryan PercyALBURY

Ryan Shephard BuildingMIRANDA

S K Roofing Pty LtdGEORGETOWN

S M I Group Pty LtdSURRY HILLS

S P Formwork Pty LtdGLENDENNING

Sam Ralph Building Pty LtdLORN

Sealing Solutions AustraliaPENRITH

Seaton CarpentryALBURY

Serdar Constructions Pty LtdBAULKHAM HILLS

Seung Hun HanSEVEN HILLS

Sika Australia Pty LtdWETHERILL PARK

Silk Family TrustLAVINGTON

Simon Neason BuilderWAGGA WAGGA

Sivel Constructions Pty LtdERSKINE PARK

Skyworks NSW Pty Ltd PUNCHBOWL

Smith Projects Pty LtdYAROOMBA

Solid Kitchens 'N' CabinetsALSTONVILLE

Solution Plumbing ServicesPUNCHBOWL

SS Invention Pty LtdLIDCOMBE

St Hilliers Property Pty LimitedTHE ROCKS

Stephan KlopperWEST PENNANT HILLS

Stephen DowtonWALGETT

Stewart ReidOAKDALE

Sunil KumarTOONGABBIE

Sydney Shade Sails Pty LtdPENSHURST

Tahi DavisNORTH BONDI

Tatou Development GroupSEFTON

Thomas MorrisRANDWICK

Three Crown BuildingNEWPORT

Tim Cowley BuildingMALUA BAY

Tim SouthST IVES

Timothy SquiresOAK FLATS

Todd McDermidROSE BAY

Top Steel Solutions Pty LtdWETHERILL PARK

Trinium Group Pty LtdRAMSGATE

Tristan DiethelmDOUBLE BAY

Turnkey Consulting (Australia) Pty LtdHORNSBY

Up She GoesCOOMA

Vince GuagliardoWINSTON HILLS

Virgo Painters & DecoratorsTYALGUM

Waratah Building GroupMITTAGONG

Wilford Construction Pty LtdMILTON

Will ReadHAMILTON SOUTH

William CalokerinosAUBURN

X L Precast Pty LtdYENNORA

Zedcon Projects Pty LtdWOOLOOWARE

Zhen Yu LiuFAIRFIELD

52

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 55: 2015 MB NSW Magazine Jun-Jul

➤ No financials required ➤ No property ownership required ➤ Your ABN can be 1 day old & not registered for GST ➤ 20% deposit required ➤ Fleet pricing on new cars ➤ Net amount finance up to $100,000 ➤ Available for new & used passenger vehicles, utes

& vans purchased from licensed motor dealers

BUSINESS START UP CAR LOANGet a head start on the business road ahead with a business start-up car loan

Contact us today!Ogarit Kelley M 0414 91 91 94F 02 9810 5533 E [email protected]

MASTER BUILDERSFinancial Services

Page 56: 2015 MB NSW Magazine Jun-Jul

12 POINT CPD SEMINAR Manly 23 JUL

Coffs Harbour 20 AUG

TRADE EXPOS Rosehill 29 JUL

Wollongong 6 AUG

REGIONAL ROAD SHOWS Wagga Wagga 13 JUL

DIVISION Central Coast 1 JUL, 5 AUG

Central West 19 AUG

Cronulla 10 AUG

Eastern Suburbs 28 JUL, 25 AUG

Hume 5 AUG

Illawarra 2 JUL

Inner West 21 JUL

Manly Warringah 9 JUL, 13 AUG

Manning/Great Lakes 4 AUG

Mid North Coast 17 AUG

North Coast 18 AUG

North North West 11 AUG

Northern Suburbs 16 JUL, 20 AUG

Orana 20 AUG

Oxley 5 AUG

Parramatta Cumberland 15 JUL, 19 AUG

Snowy Mountains 26 AUG

South Coast/Shoal 15 JUL, 19 AUG

Southern Highlands 14 JUL, 11 AUG

St George 18 AUG

Tweed 19 AUG

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

54 dates for your diary

Page 57: 2015 MB NSW Magazine Jun-Jul

C

M

Y

CM

MY

CY

CMY

K

KNA016_a4_advert_v6_220515a_PRINT READY ARTWORK.pdf 1 26/05/2015 3:59 pm

Page 58: 2015 MB NSW Magazine Jun-Jul

ELIMINATE UNWANTED NOISE SAFELY THROUGH ACOUSTIC INSULATION

Unwanted sound can be damaging, dangerous and even annoying. However, the Insulation Contractors Association reveals you can safely remove noise through acoustic insulation.

By Dominic Santoro, national president of The Insulation Contractors Association of Australia

Noise, by definition, is unwanted sound. It may be unwanted because it is damaging, dangerous, annoying or detracts from wanted sounds.

Noise can have a detrimental effect on conversation and communication, particularly where telephones are concerned. This can result in misunderstandings and subsequent work inefficiencies. Difficulty in communicating can also be annoying with interference of concentration.

Annoyance tends to be a subjective response. Accepted sounds of quite high levels are no bother, while unwanted sound of a much lower level can induce strong annoyance. Nowhere is this more apparent than in the performing arts. Very low levels of intrusive noise can have a very marked effect on the enjoyment of listeners.

The desired noise level will depend on what activity is held. While legislation sets noise limits for industrial exposure, it is left to the architect or consultant to set appropriate noise levels for other premises.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

56 insulation

Page 59: 2015 MB NSW Magazine Jun-Jul

irritating residents. Similarly, impact noise on

polished floorboards can irritate people in the

rooms below.

The level of speech privacy required will

depend on the particular situation. Three

categories may be considered:

• Partial coherence – small portions of the

conversation may be intelligible to an

uninvolved listener, but he or she will not be

able to follow the conversation as a whole

• Incoherent – an uninvolved listener can

hear the sound of conversation but is

not intelligible

• Inaudibility –an uninvolved listener can

hear no sound at all

Speech privacy is a two-way consideration. It

may be required to protect the confidentiality

of conversation or, on the other hand, to avoid

distraction of uninvolved listeners.

Modern buildings are typically constructed

from lightweight materials, which individually

can have poor noise reduction properties, so

achieving adequate acoustic performance

often requires a systems approach.

This includes consideration of covering

materials, cavity insulation, structural isolation

and control of flanking noise.

No matter what your insulation application

involves, be sure to consult a specialist in the

area before starting work.

Room acoustics

The room acoustics objective is to create a

suitable acoustic environment for the activity

being conducted in any particular room.

Of prime importance here is the reverberation

time. Rooms used for different purposes

need different reverberation times. Churches,

concert halls and music studios may require

reverberation times of up to two to three

seconds, while for broadcasting studios and

open-plan offices appropriate reverberation

times may be below half a second.

Room volume also affects the optimum

reverberation time. Sound decays more slowly

in large rooms than in small rooms. Modifying

a large room to reduce its reverberation

time to that of a small room used for the

same purpose will often kill off the acoustic

environment. This is particularly relevant for

concert halls and theatres.

THE INSULATION CONTRACTORS ASSOCIATION OF AUSTRALIAThe Insulation Contractors Association of Australia Incorporated (TICA) represents specialist contractors, distributors and suppliers involved in the commercial and industrial insulation and encapsulation industries.

TICA's mission is to represent and promote the skills, knowledge and experience of its members to designers and owners of buildings, plant and equipment. Through its membership, TICA promotes the effective use of insulation to conserve energy, ensure sustainable processes and provide a comfortable workplace for end users.

For more information: Website: www.tica.org.au

Glasswool and rockwool insulation materials

provide excellent sound absorption and,

when installed behind an acoustically

transparent lining, it will significantly reduce

reverberant sound.

Speech privacy

The need to preserve confidentiality of

conversation arises in many situations.

Discussions in conference rooms and

executive offices should not be overheard.

People waiting in airport lounges or hotel

lobbies wish to converse freely. Intimate diners

do not wish to share their conversation with

the rest of the restaurant.

In residential situations where walls or floors

abut adjoining residences, the need for

acoustical privacy is paramount. Bedrooms in

a residence need to be acoustically isolated

from rooms in other residences to avoid

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

57insulation

Page 60: 2015 MB NSW Magazine Jun-Jul

window installationthe building industry’s achilles’ heel

By Gary Smith, marketing and communications manager, Australian Window Association

Installation continues to be the major problem for the performance of windows and glazed doors throughout Australia. Stories are commonly heard about window and door systems that have not failed but their installation has. Large amounts of time

and money are spent investigating what has been thought a failed window system, only to discover the issue is installation. In fact, around 80 per cent of all window

complaints are attributed to installation and care issues during construction.

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

58 windows & doors

Page 61: 2015 MB NSW Magazine Jun-Jul

There has been an increase in failures with

the introduction of light-weight construction

methods, highlighting that we may have –

in fact – had issues with installation for a

considerable time.

Our normal methods of construction have

been fairly forgiving and may have hidden this

fact. We constantly see damage to ceilings,

floors and walls and the blame for these issues

unfairly being attributed to window systems.

It is also becoming more common in the

commercial building sector to remove sub

frames from windows and glazed doors.

This can be a recipe for disaster. Correct

practice is to use a subframe to isolate the

window system from the building, to ensure

functionality of the system and improve water

penetration resistance.

Facts:

• Severity of exposure to wind is the most

important factor in the specification and

installation of windows and doors in

openings. Components and installation

practices acceptable in sheltered situations

may quickly fail when exposed to the full

force of the wind and rain.

• Follow the window manufacturer’s

installation specification for the appropriate

terrain category and height of the building.

Many manufacturers’ brochures provide

information for sheltered buildings no more

than one storey high.

Failures that occur as a result of

poor installation:

• Water ingress into the building around the

window and door systems causing damage.

• Leaking window systems.

• Windows blowing out of openings creating

dangerous conditions and building damage.

• Window or door system functionality failure.

Common causes of failures:

• No flashing, poor flashing or poor wall-

penetration preparation.

• Blocked drainage holes of the window or door

system preventing drainage to the outside.

• Inadequate repair of window or door systems.

• No packing between the building structure

and window or door system.

• Window and door systems installed out-of-

square and plumb.

• Poor construction methods or no

clearance, creating loads on the window

and door systems.

Windows must be installed square and level;

they must have packers between the window

frame and house frame; they must be fixed

appropriately to comply with the specified

wind loads and should, in most situations, be

flashed to ensure any water penetrating around

the window or door is not allowed to enter the

inner-skin of the building and cause damage.

No flashing or packing.

No flashing or packing.

BFT in Australia is synonymous for wholesaling quality equipment in the Gate Automation industry for the last 30

years. Now BFT’S Australian Branch is reaching further into the Automation market.

BFT would like to introduce to you our wholesale Vista range of automation for Pedestrian Doors. BFT is at the forefront of pedestrian automatic doors. With our U- link universal protocol, interconnectivity in buildings is made easier.Simple, accessible and close to people. New generation technologies, designed to help the installers and those that use them.

Be ahead! You are welcome to see us at the Security Expo.15-17 July 2015, MELBOURNE EXHIBITION CENTRE. Stand No. C2

Please take time to look at our products and most importantly how we can help you be ahead of the market. 

www.bftaustralia.com.au1300 729 344

59

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

windows & doors

Page 62: 2015 MB NSW Magazine Jun-Jul

Windows should be installed according to

the manufacturers’ instructions or to the

Australian Window Association's (AWA) generic

installation and fixing guides, if there are no

manufacturers’ instructions. Many site failures

would be avoided if the industry spent a little

more time and took greater care while installing

windows and doors.

National Construction Code requirements

The Building Code of Australia is not as clear

as it could be when it comes to installing

windows and glazed doors. The clauses that

referred to flashing of windows and doors in

volume two with some diagrams are Parts

3.3.4 and 3.5.3, in volume one with clear

instructions under FP1.4.

A roof and external wall (including openings

around windows and doors) must prevent the

penetration of water that could cause:

(a) unhealthy or dangerous conditions, or loss

of amenity for occupants.

(b) undue dampness or deterioration of

building elements.

Then there are the energy efficiency

requirements. The sealing of gaps and cracks

is an important part of this.

Correct installation

Four key steps to installing windows and

doors are:

1 Square and plumb – this will ensure the

functionality of the system.

2 Packing – packing between the window

and building frame ensures the frame

remains square and plumb and adds

strength to the nail or screw fixing.

3 Fixing – the window or door needs to be

fixed to enable the system to withstand the

wind loads applicable to the site.

4 Flashing – windows and doors should be

flashed to stop water penetration around

the outside of the system; this is the

responsibility of the installer.

Installing frames correctly

1. Fit flashing to window surround as required.

2. Measure the frame opening to ensure that

there is sufficient room for the product and

additional packing.

Stud opening:

• Height = O/A reveal size + adequate clearance

• Width = O/A reveal size + adequate clearance

Clearance dimensions vary between

manufacturer’s products. For adequate clearance

refer to window manufacturer’s instructions.

• The frame must be packed plumb, square

and not twisted between the openings.

Ensure the sill is fully supported; failure

to do so may result in sill roll on sliding

windows. Sills on all windows and doors

must be straight and level, and should be

packed and secured.

• Secure aluminium windows by nailing

through reveal in brick veneer applications.

Timber windows should be secured by

back-nailing through stud, not face of

frame to stud. Alternatively, on cavity brick

construction use galvanised building lugs

at 450mm maximum centres.

• If it is impossible to backnail, wedges

should be installed between the window

and the building frame to prevent opening

of frame joints when nailing.

• Keep sashes closed whilst installing frames.

• Sill bricks should be at least 10mm clear of

window frame to allow settlement in brick

veneer construction.

• Do not stand on windows or doors or use

them as supports for scaffolding – or slide

material through the frame. It is important

to prevent damage to windows and doors

during construction.

• Do not let the weight of eaves or arch

bars bear on any window or doorframe.

Windows and doors are not designed for

load-bearing.

• Remove cement mortar and plaster

droppings from windows immediately,

taking care to avoid scratching glass and/

or frames as it can result in permanent

damage. Immediate attention must be

given by washing off with water before

material sets.

• To ensure the satisfactory long-term

performance of sliding doors, the sill

should be fully supported. During

construction the sill should be fully

supported with temporary supports until sill

bricks or tiles are installed.

For installation guidance always follow

manufacturers’ instructions or refer to the

AWA Installation Guide and Fixing Guide.

Visit www.awa.org.au or call 02 9498 2768

to order your copy. Workplace Standards

Tasmania now specifies installation and

fixing to be in accordance with these

generic AWA documents.

Correctly installed sill flashing. This should be standard practice.

A closer look at correctly installed sill flashing.

Sill flap designed to cover gap between brick sill and window sill. No flashing was installed and it will not stop water penetration.

No flashing installed, render will be applied to the window. Any building movement will create a gap allowing water penetration.

60

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

windows & doors

Page 63: 2015 MB NSW Magazine Jun-Jul

Create a home for life and living

Create beautiful, long lasting, quiet living spacesOPAL high performing plasterboard is the perfect solution for beautifully designed residential spaces where the quality of indoor life is important. The high density gypsum core delivers both superior sound insulation and impact performance.

OPAL combined with MastaTape Universal creates the UltraHome System and provides Level + Technology to deliver a superior finish.

Create smart spaces with KnaufCall us on 1300 724 505 or visit knaufplasterboard.com.au/opal

Crowther Blayne is an Australian leader in business-to-business online and print publications for a

variety of industries worldwide. Crowther Blayne publications provide businesses with the broadest

possible audience and target the most relevant decision-makers. By providing a platform of the

highest quality, products and services are presented in the best possible light to the marketplace.

If you have a specific enquiry about our services, or simply want to get in touch, please contact:

Trish Riley | Business Development Manager | P: 1800 222 757 | [email protected] |

crowtherblayne.com.au

Page 64: 2015 MB NSW Magazine Jun-Jul

directory

Pump more profit.PumpMaster PG-35

Pump masonry grout, mortar, pea gravel, shotcrete and more to the exact point needed, easily and efficiently, with your own PumpMaster PG-35. Compact and powerful, this 35 HP work-saver fits on the job site and empties a ready-mix truck in an hour, reducing labour and equipment rental costs as it increases efficiency and profitability.

SALES LOCATIONS:

Melbourne: 03 9768 3111 Sydney 02 9905 5675

American Owned.American Built.

www.airplaco.com/blockfill

• 35 HP Petrol Engine

• Compact size for easy placement on the job

• 4” swing-tube valve delivers smooth flow from fine to coarse grout

• Exclusive hydraulic driven, self-propelled manoeuvring

www.brunswicksales.com.au

CONCRETE PUMPING

LABELS

62

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 65: 2015 MB NSW Magazine Jun-Jul

directory

THE INNOVATIVE SOLUTIONOF HIRING FOR THE CONSTRUCTION INDUSTRY

Perfect Hire is the first company that integrates skilled labour with equipment hire services.

NO.1SYDNEY’S

HIRE COMPANY

4/8 Lilian Fowler Pl, Marrickville NSW 2204 | 02 8021 1784 | www.perfecthire.com.au

GENERAL TOOLSHEAVY PLANTCONCRETE CUTTING/CARETRUCKS/TRANSPORT + MORE!

GENERAL LABOURERS TRADESMENOPERATORS AND DRIVERSCOMPETENCY CERTIFICATES

1300 PERFECT

+

LABOUR AND EQUIPMENT HIRE

Free Quote: 1300-889-585 www.endless-solar.com.au

Why Choose Endless Solar?• Advanced Evacuated Tube technology

• Greater Savings on your hot water bill

• Smarter solar hot water designs

• High quality products backed with genuine warranties

• Quality Controlled - Certi� ed to the ISO 9001 Quality Management System

• Proven credibility and expertise

• Expert advice in solar thermal solutions

• Simply looks and works better than other systems

• Solid reputation and many years experience

• Personalised service

• Australian Standards® Certi� ed designs, processes and components

• Ready for rebates

• Frost Protected

• Self Cleaning

• Built to Last

Endless Solar has been supplying to builders and plumbers in the industry for nearly 10 years.

Endless Solar uses evacuated tube technology for our solar hot water heaters, which are more ef� cient than � at plate collectors, especially in the winter months. These collectors are covered by a 15 year warranty. 

Our tanks use marine grade stainless steel, are Australian made and are also backed by a 15 year warranty. If you would like your system to have gas boosting Endless Solar provides Bosch instantaneous boosters as a back up for the solar system.

Endless Solar is located in Auburn in Sydney and deliver all over Sydney and surrounding area

SELF CLEANINGNo climbing on your roof to wipe away grime, mould and pollution

Morning after the 2009 Sydney dust storms.

Morning after the 2009 Sydney dust storms.

SOLAR

63

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 66: 2015 MB NSW Magazine Jun-Jul

directory what’s new

SCAFFOLDING

QUALITY AND PERFORMANCE

9972 [email protected]

www.warringahscaffolding.com.au

SAVE TIME AND MONEY WITH HANG-LOCK COLLAPSIBLESHEDS

Onsite secure storage for materials and tools is

always a problem. The cost of delivery and hire

for a secure onsite shed is always very expensive

and the cost of purchasing a suitable secure shed

is prohibitive, with ongoing storage and transport

problems eliminating any perceived benefit.

However, the good news is ‘Hang-Lock’

CollapsibleSheds enables the builder to own your

shed and dissemble and relocate the shed as

many times as you like. It takes only minutes to

erect and dissemble and stores flat requiring very

little storage space.

The CollapsibleShed is easily transported on a

one ton Ute or trailer. There are only seven panels

no bolts and no screws, and it takes only minutes

to erect using their patented ‘Hang-Lock’

system, which is unique and secure.

The sheds come in two sizes:

• Full size 2.5m x 1.4m x 1.9m: Two pallet-

wide storage

• Half size 1.2m x 1.4m x 1.9m: One pallet-

wide storage

For more information contact Bob Wissink:

Phone: 0428 927 954

Email: [email protected]

Website: www.collapsiblesheds.com.au

64

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 67: 2015 MB NSW Magazine Jun-Jul

what’s new

Innovative features of the Retrofit range include:

• Highly efficient 11.1 W downlight,

incorporating the latest in LED chip

technology.

• High illumination of 713 lumens (3000K)

and 730 lumens (4000K) making it an ideal

replacement for the 50W halogen dichroic,

producing almost identical illumination.

• IP44 rated for bathroom/outdoor areas.

• Compatibility with Clipsal, Cbus and

Dynalite lighting control systems with

smooth dimming down to 5%.

• High quality product backed by a 3 year

replacement warranty.

• An 80mm cutout diameter and low profile

of 44mm, allowing installation in existing cut

outs, with low ceiling heights.

For more information on any of our

products or to obtain a complimentary

lighting design please contact us on

(07) 3299 2496 or

email [email protected]

on-going advancements in LED technology,

such as improved dimming, light distribution and

lifespan, LED products continue to disrupt the

traditional lighting markets.

At Green Illumination our research and

development of these new products includes

independent testing by accredited lighting

laboratories to ensure absolute compliance

with Australian and New Zealand safety

and EMC standards. Further testing is then

conducted during and post manufacture to

ensure strict product quality and performance

in all our products.

COMMERCIAL LIGHTING FEATURES:

• High brightness with impressive colour

rendering properties (CRI)

• Lower Energy Consumption

• Expanded Lifespan

• Quality product BACKED by 5 year

warranty

RESIDENTIAL LIGHTING

With the phasing out of inefficient forms of

lighting, a huge demand for LED replacements

became apparent in the market. In response to

this, we released our signature retrofit downlight

kit, designed specifically to replace the typical

halogen downlight.

ABOUT US

Green Illumination started as a result of a need

to access the highest quality LED technology,

designed and engineered for the Australian

market. Green Illumination is an Australian owned

and managed business specialising in the design,

manufacture and supply of LED lighting solutions.

Our motto is simple; we are dedicated to

the highest possible quality, reliability and

performance of our products. Our focus on

product design and development ensures that

we can provide market leading lighting products

across the residential, and most recently

commercial and industrial sectors.

WHY US?

• Complementary lighting design service,

including IES files and lighting plans

• Fully compliant, SAA and EMC products

• Extensive product warranty offering

• Deal directly with the supplier

• Ease and convenience of lighting delivered

directly to your building site

COMMERCIAL LIGHTING

We have recently launched a new commercial

and Industrial range of LED lighting. We continue

to see a market shift towards the replacement

of existing inefficient and bulky lights that require

regular maintenance and bulb replacement. With

65

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 68: 2015 MB NSW Magazine Jun-Jul

what’s new

YOUR JOB WILL ALWAYS RUN SMOOTHLY, SAVING YOU TIME AND MONEY – THAT IS WHAT IT’S ALL ABOUT• SimplyslidetheQUICKFITdownthestarterbarandrest itinthecradle

• Aziptieconnectsthestartertothecradleforextrasupport

•WiththeQUICKFITandstarterbartogether,itsimplyclips tothemesh

• Thissystemtakesapproximately1minuteforeachstarter barplacement

•Withasimplemeasurementonthesteeltolocate eachstarterbar,youareguaranteedperfectspacing andalignment.

JOB DONE.

PLACING STARTER BARS IN CONCRETE FOOTINGS HAS ALWAYS BEEN A VERY TIME CONSUMING JOB

WITH

QUICKFIT STARTER BAR HOLDERS

Havingtotie-wireeachbartothemesh,thentie-wiringhorizontalsteellengthstoholdthemtogether.Thenavoidingalltheprops,thatareoutsidethetrenchholdingthestartersinplace,withyourwheelbarroworconcretepumplines.

Entirelengthsofstarterbarsfallingoverfrompropsbeinghitisdefinitelynotgood,especiallywhenconcreteispumping.

NOT ANYMORE!

DESIGNED,DEVELOPEDANDMADEINAUSTRALIA

QUICKFITSTARTERBAR.COM.AU

1300 500 337

Warschauer Burke Group AD.indd 1 15/05/2015 1:49 pm

THE BAYER PROTECTION PROGRAM OFFERS HOMEOWNERS TOTAL TERMITE PROTECTION

A first for the termite industry in Australia, the Bayer Protection Program offers homeowners total termite protection -- a combination of regular termite inspections (e.g. annually) to detect the presence of termites; and a physical barrier (Kordon®) to prevent entry via areas that can’t be inspected.

The Bayer Protection Warranty starts with an inspection of the home by a Bayer Accredited Timber Pest Inspector. If the home is termite-free, and possible conditions which may be conducive to termite attack are addressed, your Bayer Protection Warranty can be renewed. The same inspection takes place each year to give the homeowner total termite protection. This warranty can be renewed annually (fee applies) for the life of the structure.

The Bayer Protection Warranty covers homeowners for up to $1 million worth of termite damage due to product failure or any other means of termite entry.

To activate your Bayer Protection Warranty visit www.kordonwarrantycentre.com.au or for further information contact the Bayer Protection team on 1800 552 802.

BOSCH BLUE’S POWER READY WIRELESS CHARGING - THE FUTURE OF CHARGING TODAY

• Charge batteries while still connected to the

tool – making charging your tool as simple

as putting it down

• Allows you to work continuously without

interruption

• Save time and money, working with only

one battery

• 100% compatible with all existing Bosch

Blue Li-Ion Power Tools*

It’s hard to imagine a single product redefining an

entire industry, but every now and then a game

changer comes along. This year Bosch Blue

is changing the game and leading the charge,

both literally and figuratively with its world first

Power Ready Wireless Charging Technology.

Due to hit the Australian market mid May, this

new technology is compatible with the entire

18V Bosch Blue Li-Ion power tool range* and will

revolutionise the way tradies work on site or in

the shop, giving them the flexibility to charge their

batteries in between tasks without disconnecting

it from the tool – making charging their tools as

simple as putting them down.

Bosch Blue Power Ready Wireless Charging

Technology not only eliminates the need to have

a heap of partially charged batteries, in many

instances it eliminates the need for multiple

batteries at all; the days of worrying about

whether a battery will get you through the task at

hand are gone. Whilst all Bosch batteries feature

an LED charge indicator, the need to check it

will be a thing of the past. Tradies Australia wide

will be able to pick up a tool with confidence,

knowing it’s always charged and power ready.

This industry revolutionising technology is based

upon the concept of ‘inductive charging’ and is

similar to the technology being integrated into

smart watches, stovetops and even electric

toothbrushes. When the charging station is

plugged in and a compatible wireless battery is

placed on it, the charger detects the presence

of the battery in under a second and starts

emitting a magnetic field. The wireless charging

battery also comes equipped with CoolPack

technology (standard with all new Bosch Blue

18V Li-Ion batteries), which protects your battery

from overheating, overdraw and deep discharge

– extending your battery’s lifetime by up to 100

per cent^.

The Power Ready Wireless Charging

system will not only make tradies more efficient,

but it’s compact, and saves them both time and

money. The applications are nearly endless;

today’s trade professional

can now use their Bosch Blue power tools

with ease and confidence that they are

“Always Power Ready.”

There are also further enhancements yet to

come. Launching later in 2015, Bosch Blue’s

Wireless Charging Technology will give tradies the

ability to conveniently charge the new wireless

batteries on the go; while driving in between job

sites. Watch this space.

For more information check out

www.bosch-pt.com.au/professional

*Excluding GML 18 V-LI Soundboxx

^Comparison of batteries with/without CoolPack

cooling technology

66

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 69: 2015 MB NSW Magazine Jun-Jul

YOUR JOB WILL ALWAYS RUN SMOOTHLY, SAVING YOU TIME AND MONEY – THAT IS WHAT IT’S ALL ABOUT• SimplyslidetheQUICKFITdownthestarterbarandrest itinthecradle

• Aziptieconnectsthestartertothecradleforextrasupport

•WiththeQUICKFITandstarterbartogether,itsimplyclips tothemesh

• Thissystemtakesapproximately1minuteforeachstarter barplacement

•Withasimplemeasurementonthesteeltolocate eachstarterbar,youareguaranteedperfectspacing andalignment.

JOB DONE.

PLACING STARTER BARS IN CONCRETE FOOTINGS HAS ALWAYS BEEN A VERY TIME CONSUMING JOB

WITH

QUICKFIT STARTER BAR HOLDERS

Havingtotie-wireeachbartothemesh,thentie-wiringhorizontalsteellengthstoholdthemtogether.Thenavoidingalltheprops,thatareoutsidethetrenchholdingthestartersinplace,withyourwheelbarroworconcretepumplines.

Entirelengthsofstarterbarsfallingoverfrompropsbeinghitisdefinitelynotgood,especiallywhenconcreteispumping.

NOT ANYMORE!

DESIGNED,DEVELOPEDANDMADEINAUSTRALIA

QUICKFITSTARTERBAR.COM.AU

1300 500 337

Warschauer Burke Group AD.indd 1 15/05/2015 1:49 pm

Page 70: 2015 MB NSW Magazine Jun-Jul

68

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

the way we were

Page 71: 2015 MB NSW Magazine Jun-Jul

69

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

the way we were

Page 72: 2015 MB NSW Magazine Jun-Jul

70

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

the way we were

Page 73: 2015 MB NSW Magazine Jun-Jul

71

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

the way we were

Page 74: 2015 MB NSW Magazine Jun-Jul

the way we were72

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J U N E / J U L Y 2 0 1 5

Page 75: 2015 MB NSW Magazine Jun-Jul

“We are telling phoenix operators: ‘You’re being watched and you will be reported’.” - Bruce Collins, Assistant Deputy Commissioner, Australian Taxation Of�ce

Small business and the construction and labour-hire industries need to be aware of fraudulent phoenix businesses.

Phoenix operators don’t pay their bills to suppliers or sub-contractors, their taxes or even their employee entitlements.

- Bruce Collins, Assistant Deputy Commissioner, Australian Taxation Of�ce

“Both industry and government are fed up with the unfair competitive advantage that phoenix businesses create.”

While any business can go bad and have to liquidate, phoenix operators liquidate deliberately and repeatedly, quickly setting up new companies to carry on the same business, often with similar names, the same business premises and the same controllers.

The result is a chain of suppliers, employees and customers all being left out-of-pocket, while the phoenix operators take the money that these victims should have received to fund the phoenix operators’ own, often lavish, lifestyle.

Establishing conditional contracts with money quarantined for payment of sub-contractors

Head contractors paying sub-contractors directly

Allowing sub-contractors to give directions on how their payments are disbursed.

Avoid falling victim to a phoenix operator on major projects by:

Find out more at : ato.gov.au/phoenix

Report phoenix or suspect behaviour online at www.ato.gov.au/reportaconcern or by phone on 1800 060 062.

You can remain anonymous.

Authorised by the Australian Government, Capital Hill, Canberra.Printed by Master builders magazine (NSW & Vic) Newstyle Printing, 41 Manchester Street, Mile End, SA, 5031.

ADVERTISEMENT

Clipping the wings of phoenix businesses

Page 76: 2015 MB NSW Magazine Jun-Jul

Official Magazine of the M

aster Builders Association of NSW | Issue Three | Jun - Jul 2015


Recommended