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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
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
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.
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
*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
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
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 ?
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
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
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
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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]
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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.
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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.
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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
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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.
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"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".
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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.
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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.
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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.
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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
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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
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housing
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
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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
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“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.
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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
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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]
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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.
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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
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
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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.
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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.
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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.
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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
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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
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33
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
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
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
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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
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
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
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
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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
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
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
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
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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
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
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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
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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.
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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.
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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
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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.
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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.
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NEW MEMBERS1 Choice Build MaintenanceMERRYLANDS
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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
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Andrew FieldHAMILTON
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Andrew WongBAULKHAM HILLS
Antonio WooEAST LINDFIELD
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Imagecorp AustraliaBOTANY
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MASTER BUILDERSFinancial Services
12 POINT CPD SEMINAR Manly 23 JUL
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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
C
M
Y
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KNA016_a4_advert_v6_220515a_PRINT READY ARTWORK.pdf 1 26/05/2015 3:59 pm
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
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
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
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
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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
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.
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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
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
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
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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
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
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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
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
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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
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
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
68
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the way we were
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the way we were
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the way we were
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the way we were
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
“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.
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Clipping the wings of phoenix businesses
Official Magazine of the M
aster Builders Association of NSW | Issue Three | Jun - Jul 2015