Edition 1-2010
ACAT
theindustryisdemandingaction
co n t r ac t i n g
Actpla agrees to refund fees
Arrangements
under investigation
Security of
payments r e v i e w
$100m Industrial
Business Park
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Canberra Building News Edition 1 - 2010
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Master Builders Executive Council President – Ross Barrett Treasurer – Simon Butt Commercial Builders Council Chair – Sam DeLorenzo Civil Contractors Council Chair – Peter Middleton
12 Master Builders & Boral 2010 Excellence in Building Awards
13 Concerns over ACAT delays Master Builders asks for the planning appeals system to be fixed
This showcases work done throughout Canberra and the surrounding region.
Residential Builders Council Chair – Andrew Kerec Professional Consultants Council Chair – Hans Sommer Suppliers & Subcontractors Council Chair – Peter Fairburn Master Builders Management team Executive Director – John Miller Deputy Executive Director – Jerry Howard Director Industrial Relations – Mike Baldwin Director Skills Development & Research – Grant Daly
14 Check it twice, lodge it once
18 Security of Payments
ACTPLA chief urges the construction industry to do completeness check on their DA’s
Former Master Builders Australia CEO, John Murray reviews this legislation that commences on 1 July 2010
Senior Management Accountant – Louise McCallum Senior Manager - Marketing & Membership Services – David Leitch Master Builders Group Training General Manager – Wendy Tengstrom
24 Walker Corporations new Industrial Business Park This $100 million industrial estate is currently under construction in Hume
15 Refunds on the way Actpla is in the process of refunding excess building fess
16 High Court win for NSW employers A NSW hobby farmer wins battle to have OH&S conviction overturned
Master Builders Group Training Apprentice & Cadet Awards Date: Friday 9 April Where: Southern Cross Club, Woden Master Builders Group Training will hold its annual awards presentation to celebrate the success of it’s apprentices and cadets.
National Carpenters Day BBQ
Date: Friday 16 April Time: 4.00pm onwards Where: Master Builders Headquarters and Skills Centre, Fyshwick National Carpenters Day is all about celebrating the role of carpenters and the environmental benefits of sustainably sourced wood. There will be a BBQ as part of the event, so come along and join in the celebrations.
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Kell & Rigby celebrate 100 years Kell & Rigby one of Australia’s longest surviving family construction companies turns 100 this year
18 Scaffolding on display at ORS View examples of compliant and inappropriate scaffolding
22 Master Builders Annual Golf Day 200 players participated in another successful golf day
Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyswick ACT 2601 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au Advertising enquires Marketing & Membership Development Manager – David Leitch Tel: (02) 6247 2099 Mob: 0437 379 391 Email: dleitch@mba.org.au
Master Builders Green Building Information Sessions
Date: Thursday 22 April Times: 7.30am to 9.30am or 5.00pm to 7.00pm Where: Master Builders Headquarters The Master Builders Green Building Information sessions will focus on green building practices, and the associated advantages and difficulties in embracing sustainable building practices.
Master Builders & Boral Excellence in Building Awards
Date: Friday 25 June Time: 6.30pm Where: National Convention Centre This event showcases the exceptional work being done throughout all sectors of industry in Canberra and the surrounding region. For more information, please turn to page 12.
Cover Photo: Provided by Walker Corporation’s Monaro Business Park
President's Message President of Master Builders Association of the ACT, Ross Barrett Last year I wrote an article lamenting the fact that we had almost missed celebrating our 60 years of operation as an independent Master Builders organisation in the ACT. I was pleased that I had remembered the anniversary when others had forgotten. The celebration of course assumed that Master Builders ACT was established in 1949. I based this 60 year assessment on three things. Firstly on traditional wisdom; secondly this “wisdom” is supported by the fact that our honour
Master Builders ACT was established in 1925 at a time when its services just began to be needed. Some background: The National Capital began with the selection of the city site in 1909 and the proclamation of the Federal Capital Territory in 1911. Work began in 1913. The Cotter Dam, Kingston Railway station and the Kingston Power House (Canberra’s first permanent building) were built between 1913 and 1916 while Walter
Some of the local employers became concerned. Ten builders met at the Hotel Canberra in August 1925 and the Master Builders’ Association of the Federal Capital Territory (MBAFCT) was formed. In October of that year the MBAFCT became affiliated with the national body Master Builders’ Federation of Australia (MBAFA) with full membership. Our local Association became an important part of the national association and the 23rd National Convention of
Master Builders Association of the ACT, as we are now known, has been established here for 85 years... boards, which list our presidents and CEOs, commence from 1949; and thirdly on my own recollection of the celebrations around our recognition of 50 years which occurred in 1999. We had several events that year to enjoy our history and even issued mementos of the big occasion. Our long term employee Lorraine Brook, still has a Master Builders key ring souvenir with the inscription “1949-1999”. Now I know it is hard to believe, but along with everyone else, I was wrong. Those of you who know me well will say this is nothing unusual and is due to advancing years and declining brain power. It is embarrassing for me to admit this mistake but it is important to set the record straight. We decided to celebrate our 60 years at our 2009 Annual Dinner. In preparation for this, I decided to look up some facts to incorporate into my speech for the night. What a shock! With the help of Lorraine I carried out a little bit of research and it became clear that 6
Burley Griffin was still planning the city. By this time the pattern of industrial relations was well established across the rest of Australia with Master Builders Associations established in all of the states and the Master Builders’ Federation of Australia at the federal level unifying the policies of the state bodies. By 1925 the population of Canberra was about 4,500 and growing rapidly with a construction program in full swing. Most of the construction activity from 1913 to 1925 was civil engineering works so the building unions had not been concerned about establishing local branches here. When the Federal Capital Commission assumed control of Canberra’s development in 1925 the growth of Canberra accelerated. The construction of the provisional Parliament House was under way and the first sale of business and residential blocks about this time saw the introduction of private enterprise activity to the capital. The unions responded by setting up local sub branches.
the MBAFA was held in Canberra in 1929. It is also interesting to note that representatives of nine unions met in 1931 and established the Federal Capital Territory Trades and Labour Council with the Council being affiliated with the Canberra Chamber of Commerce for several years during the 1930’s. In 1938 the Federal Capital Territory became officially known as the Australian Capital Territory and our MBA obtained Industrial Registration as an organisation of employers. So the Master Builders Association of the ACT, as we are now known, has been established here for 85 years, and not 61 years! Sorry about the flurry of facts above, but my conscience is now clear. I’ve corrected the record. I just hope someone reads it.
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Canberra Building News Edition 1 - 2010
Executive Director's Message Executive Director of Master Builders Association of the ACT, John Miller
The ACT is about to get a Security of Payments Act for the building and construction industry commencing on 1 July this year. Why did this happen? Sure, there was the impetus from the Cole Royal Commission but was it inevitable? Have we stopped believing in the concept of a ‘fair days pay for a fair days work’? Do the statistics really justify this sort of legislation or is it just a knee-jerk reaction? Does it undermine and reflect a loss of trust? It would be good to think that in a couple
We all know the maxim, “My word is my bond”. I ask, just how much business would you risk on a handshake today? I dare say very little. In a society where when things go wrong the first utterance is usually, “I’ll sue”, it behoves everyone in business and elsewhere to make sure their collective backsides are covered. These days covering our backsides means usually creating reams of paperwork, taking copious notes, developing more policies, etc, etc.
important is in knowing exactly where they belong. There is a fine line to be walked between utopia and reality. Whilst we might lament the loss of ‘old-world’ values, that’s indeed if they have been lost, there is no substitute for taking all of the necessary action to ensure that your interests are protected. We might not like what we are dealing with but our beliefs and values won’t protect us in a situation where the law demands something else.
We might not like what we are dealing with but our beliefs and values won’t protect us in a situation where the law demands something else. of years we could look back at the introduction of Security of Payments legislation and say, “What a waste of time.” In the last issue of Canberra Building News I wrote about common sense – more particularly the rapid decline in the application of common sense. In staying with a similar theme for the moment, I want to briefly explore the concept of trust as a value. Has trust been the victim of naivety or has it succumbed to something more sinister? Are we losing trust or is mounting legislation a way of cleaning up things that shouldn’t have been at a loose end for so long?
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If we are losing the battle to keep trust alive, surely there must be other victims. By forcing so much prescription into society through legislation we must be creating a more homogeneous world and lessening room for creativity and spontaneity. How often do we hear it said, “I wouldn’t say publicly what I think privately”? It seems that translates frequently to “Whilst I don’t necessarily agree with this course of action, I am forced into this position.” What is so compelling that increasingly we are forced to act against what we truly believe in? The concepts of common sense and trust are important in business but more
In recent months we have been confronted with a changing industrial relations scene. With all of this come new requirements, changing obligations, increased compliance and so on. Again, irrespective of what we make of the changes and all those that came before these latest changes, our only concern should be to get ourselves into the best position to deal with the change. Whatever sinister forces might be undermining trust and common sense, it is essential you guard against them in running your business.
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Canberra Building News Edition 1 - 2010
Industrial Relations Sham contracting – is it a problem in the ACT building industry? Director Industrial Relations, Master Builders Association of the ACT, Mike Baldwin
Sham contracting – is it a problem in the ACT building industry?
takes the view that genuine employees should not be pressured into independent contracting relationships by their employers.
Act; rather, the genesis arose out of the Howard Government’s Independent Contractors Act of 2006.
If there is one issue that has occupied my time since January, it is the question of independent contracting and the use of ‘ABN’ workers within both the residential and commercial sectors of the industry. This should not come as a surprise to members, as the question has been prominent in Parliamentary circles and the focus of a strong “Sham Contracting” campaign by the CFMEU.
In response to the Akron collapse, Master Builders Deputy Executive Director Jerry Howard confirmed that “our position is that we do not encourage sham contracting”.
Note the defence used by some; that ABN arrangements have been a long term essential component of the industry, will not wash in the courts.
Stakeholder positions As recently as December last year, with the passage of the Workers Compensation Amendment Bill 2009, Industrial Relations Minister, Katy Gallagher, MLA was on the record stating that the Bill would close the loop on employers who engage ABN workers, thereby avoiding their payroll tax obligations, and providing an extraordinary commercial advantage. The Minister went further saying that “the commercial advantage of these contracting arrangements is so significant that the viability of businesses doing the right thing and protecting their workers in under threat”. The CFMEU’s position is also well known. The new ACT Branch Secretary in discussions with the Master Builders Association of the ACT has made it crystal clear that the union intends to press all commercial builders to put what they perceive as workers on the payroll. In doing so, the Union says these workers will enjoy all entitlements that full-time employment brings, in addition to employers being liable for the correct payroll tax. For their part, the Australian Building & Construction Commission (ABCC) 10
What is “sham contracting” and what are the penalties? A sham arrangement is where an employer attempts to disguise an employment relationship as an independent contracting relationship. According to the ABCC this situation may arise because an employer wants to avoid responsibility for paying legal entitlements due to employees, such as minimum rates of pay and leave entitlements. Be aware that the onus of proof lies with the employer. That is, the employer must prove that they did not misrepresent the relationship. In addition to penalties for misrepresenting a genuine employment relationship as an independent contracting one, there are also penalties for employers knowingly making false statements to an employee to persuade or influence them to become an independent contractor and for dismissing or threatening to dismiss an employee for the sole or dominant purpose of re-engaging them as an independent contractor. These penalties range from a maximum $6,600 for an individual and $33,000 for a body corporate. This ‘crackdown’ on sham arrangements has not just arisen out of the Labor Government’s Fair Work
So the issue is not new.
That said the test for misrepresentation is a difficult one to prosecute. It must be seen as a deliberate strategy on the part of the employer to misrepresent the relationship. The historical widespread practice of independent contracting in the industry creates difficulty in that many players would genuinely believe that the engagement of these types of workers is normal practice and any avoidance of their payroll tax obligations is a by product of these arrangements, rather than a deliberate strategy. What then is the distinction between an employee and a sub-contractor? Remember, there is no legislative prophylactic in place preventing the engagement of genuine independent contractors in the industry.
The distinction between employee and independent contractor When determining whether the person is a ‘genuine contractor’ or an employee the Courts will consider the totality of the relationship. The attached table sets out the indicia necessary to determine just what the relationship is. These ‘tests’ need to be examined before determining if the worker is in an employment relationship or is a contractor. Anecdotal evidence would indicate that a number of ABN workers in this industry could be
Canberra Building News Edition 1 - 2010
found to be employees rather than independent contractors. Those independent contractors that do pass muster, invariably have more complex business structures in place such as the operation of a company limited by guarantee. That said, this is only one indicator used to determine the true nature of the relationship.
Available options The status quo for some needs to change. Employers with ABN arrangements should seek advice, as to do otherwise will only invite unwanted attention from the ABCC and the union. I understand that many ABN workers will be reluctant to change their status, however when advised that the ATO
may well take an overt interest in their affairs, to say nothing of the employers potential liability, most will see the rationale for change. Those who persist and are unwilling to incorporate themselves should be let go.
Summary of Common Law Test * Factor
Indicative of Indicative of Employment Independent Contracting
Do I have control over the way I perform a task?
No
Yes
Do I supply/maintain my tools or equipment?
No
Yes
Do I work standard hours?
Yes
No
Am I paid according to task completion, rather than receiving wages based on time worked?
No
Yes
Do I incur any loss or receive any profit from the job?
No
Yes
Do I accept responsibility for any defective or remedial work which was my doing?
No
Yes
Am I free to work for others at the same time?
No
Yes
Do I accept that work lasts for the term of each particular task or contract?
No
Yes
Do I have the right to employ or subcontract any aspect of my work to another person?
No
Yes
Do I have the right to employ an apprentice or trainee in the execution of contracts?
No
Yes
Do I understand the arrangement between us as a contract for services?
No
Yes
Is tax deducted by the hirer from my pay?
Yes
No
Do I provide my own public liability and sickness and accident insurance cover?
No
Yes
Do I receive paid holidays or sick leave?
Yes
No
Do I render tax invoices for payment?
No
Yes
Do I file GST returns?
No
Yes
*The outcome of this test is not determined by adding the number of factors and no one factor will be conclusive. If in doubt, it is strongly recommended that you contact Master Builders for further advice.
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The 2010 Master Builders & Boral Excellence in Building Awards is the night of nights for the building and construction industry. Not only does this event showcase the extraordinary work being done throughout Canberra and the surrounding region, but it is by far the largest social networking event on the calendar for Master Builders Association of the ACT. As always, this year the event is set to be a spectacular one featuring top quality entertainment, food and wine; and of course great company. The night is once again made possible by Boral, whose long-standing support the Master Builders Association of the ACT has helped contribute to the growth and success of the building and construction industry as a whole.
to catch up with colleagues, government officials and industry associates. The entries submitted for the 2010 Master Builders & Boral Excellence in Building Awards have been highly impressive ones. The sheer quality of work being achieved is remarkable and will ensure that our impartial judges will no doubt have a tough job on their hands. Judging runs are set to begin from 12 April. These photos offer a sneak peak at some of the exceptional, high quality work that has been submitted for the 2010 Master Builders & Boral Excellence in Building Awards.
The evening is a celebration and demonstration of truly top quality workmanship, innovation and dedication throughout the industry, showcasing the extraordinary projects and ground-breaking ideas being achieved throughout the ACT region. In addition to this, the evening is a prime opportunity
Seats at this year’s awards are filling up fast, so RSVP for this event as soon as possible to ensure you don’t miss out! To secure your place download the registration form at www.mba.org.au or contact Lorraine Brook on 6175 5920 or lbrook@mba.org.au.
Commercial Entrant - Commercial Building more than $12m Zadro Constructions Pty Ltd, Mirinjani Nursing Home, Weston
Subcontractor Entrant - Kitchen Design & Construction less than $25,000 - Hall Building Services ACT, Avant-Garde Kitchens
Residential Entrant - Custom Built Homes $300,000 - $600,000 6 Constructions Pty Ltd 12
expresses concern
over delays in
planning appeals Master Builders Association of the ACT has urged the ACT Government to act urgently to fix the planning appeals system, which has allowed objectors to repeatedly return to the new ACT Civil and Administrative Tribunal on disputes about the same development. Master Builders hopes the Government will use an omnibus bill currently before the Legislative Assembly dealing with technical and procedural changes in the Department of Justice and Community Safety to put an end to internal appeals on planning matters to the ACAT and force appeals into the Supreme Court, which has the power to award costs in relation to unsuccessful appeals. Attorney General, Simon Corbell recently told The Canberra Times he was considering changes which would create more “certainty” in the appeals process. He said the proposed changes would benefit all parties in planning disputes. Under present arrangements parties were being given “a second bite of the cherry” to challenge a planning decision in the ACAT and then had the option of a further appeal on a point of law to the ACT Supreme Court. “We never supported that arrangement and it wasn’t the arrangement when the AAT existed and we are simply restoring the arrangement that existed when the AAT dealt with these matters,” he said. Master Builders Executive Director, John Miller said the ACT Government must expedite the refinement of arrangements around the planning appeals process or risk significantly impeding the government’s renewal strategies and economic growth.
Not Working As Intended
Canberra Building News Edition 1 - 2010
Master Builders
“These are clearly systemic issues that need to be addressed before they impact on the ACT economy in terms of investment and jobs,” he said. “Undue and unexplained delay creates uncertainty and that in terms erodes investor confidence.” Master Builders is lobbying ACT Government and its agencies to address the problems, particularly those flowing from what might be perceived as frivolous actions.
Delays Of Up To A Year And More “When the process can take more than a year, it is clear that the problems need to be addressed at a faster rate than is happening at present,” he said. Master Builders raised their concerns at the Government’s business and industry roundtable late last year and has taken a number of examples of shortcomings with the existing system to ministers. One example cited to the Government, a Master Builders member has been locked in the ACAT process since it was created in early 2009. The member is still awaiting a further ACAT decision on a matter that ACAT originally decided in April 2009. The original objectors to the Master Builders member’s development, after succeeding in having ACAT require changes be made to their development, were then co-joined by another neighbour and resubmitted a further appeal on grounds not originally considered by ACAT. The objectors were given a second chance to have the residential project delayed despite the member remedying its application as required by ACAT and meeting all of ACTPLA’s criteria for the development.
He said the underlying framework of the appeals process appeared sound, but the operational reality was proving very different with some approvals having been tied up in the system for more than a year.
ACAT were supposed to give a decision on the second objection by 18th August 2009 as to whether or not they would accept additional evidence but did not do so. There was no legislative requirement to do so because it was an internal consideration.
“The ACT Government has long recognised the importance of a streamlined planning and approvals system, but there is clear evidence that this is being stymied once the process reaches the Civil and Administrative Appeals Tribunal,” he said.
Master Builders is concerned that while extraordinary progress has been made over the last year in the planning reform process, these gains are being put at risk by the ACAT appeals process
Mr Miller said that what was most worrying was that when members found projects being unreasonably delayed they were not being appropriately informed about the reasons for those delays and what might be done to rectify the situation.
It believes the uncertainty being created by the delays will discourage developers from helping to meet government policy objectives around urban consolidation and housing affordability. 13
Check it twice –
lodge it once ACTPLA chief Neil Savery urges industry to make sure they get their development applications right. ACT Planning and Land Authority (ACTPLA) Chief Planning Executive, Neil Savery, has urged industry professionals to check their development applications carefully before lodging them with ACTPLA. Mr Savery said ACTPLA was rejecting a lot of applications because applicants were often making several mistakes and not including crucial information, including things like correct site or floor plans. “Over the last 12 months ACTPLA has actively been improving its internal administrative processes to ensure that development applications are processed well within statutory timeframes.” “But there’s a limit to what we can do and one of the things we can’t do is accept applications when applicants have left off vital information. For example there is an Australian standard for drawing plans and all applicants are required to meet the standard when they lodge these plans. “Unfortunately a number of applicants are regularly submitting incomplete or incorrect floor or site plans that don’t meet the standard.” Mr Savery said another big cause for concern was the number of people who were submitting incorrect statements against criteria, or leaving them out altogether. “If you lodge an application in merit track you have to comply with the rules or criteria, unless the rule is mandatory. If you choose to meet the criteria rather than the rule then you have to say how you meet the criteria. A lot of applicants are either not doing this or they are just saying they meet the criteria without saying how. Also statements are sometimes addressing the wrong code.” Mr Savery said sometimes applicants were not doing their homework properly and this was reflected in simple errors like not filling in all the boxes or mistakes like putting in the wrong zone. “When there is a simple error, like the wrong zone or they’ve left off one minor detail ACTPLA staff will call applicants and fix the error. Unfortunately we can’t do this when there is significant information left off the application, things
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like a missing land custodian’s signature; an environment protection plan or landscape management plan not submitted.” “Other errors have included filling out the wrong form; not stating the gross floor area; plans being provided which are not to scale; erosion and sediment control plans not being provided.” “One of the ways that applicants can prevent leaving off necessary pieces of information is to use ACTPLA’s eDevelopment system, which won’t let applicants progress their application unless every necessary document has been loaded.” The Master Builders strongly encourages its members to avail themselves of the electronic lodgement of plans with ACTPLA and this system will be further enhanced with the BA electronic lodgement process currently being tested with industry. “However, ACTPLA also provides a checklist at the bottom of every development application, which applicants should use to ensure they are providing all the necessary information.” Mr Savery said ACTPLA had worked closely with industry groups such as the Master Builders Association, Housing Industry Association and Property Council to ensure everything possible was being done to streamline planning further and ensure the system was operating efficiently. “We also encourage any industry applicants who are experiencing difficulty to come in for pre-application meetings, where they can receive professional advice from ACTPLA staff on their applications and help ensure their application is not rejected.” “ACTPLA has to assess applications according to what’s in the Territory Plan and in accordance with planning legislation, so if people are not meeting those requirements, we are required to reject the application, which slows down the process and makes more work for everyone.” “I encourage all industry members to check and double-check their applications before lodging them.” More information about the development application process can be found at www.actpla.act.gov.au
In our last Onsite Insight publication, we advised you that the Master Builders Association of the ACT were still working with the government on refund of excess fees that had been paid to ACTPLA from 01 July 2009. The good news is that the ACT Government has now agreed to refund the fees that were overpaid to ACTPA and ACTPLA are now processing these refunds. So ...... in other words ........ the cheque is ALMOST in the mail and by the time you have read this editorial, you may have the cheque! Following representations from Master Builders, ACTPLA has revised the threshold for the fee for a single private dwelling unit to $375,000, from the previously implemented $265,000. The Construction Occupations Registrar relayed the concerns of the Master Builders to the Attorney General, Simon Corbell, who approved an amendment to the previous Attorney General’s Fee Determination.
Issues With Fixed-Price Contracts Master Builders members were, in many cases, locked into fixed-price contracts with no opportunity to recover the additional costs and were particularly concerned that they received no advance warning of the increase.
Canberra Building News Edition 1 - 2010
Refunds on the way for our builders - at last
Master Builders estimated that the revised fees and charges incurred additional fees of $1193.00 for a typical 230sqm house; an increase of 59%, specifically related to building construction levies. We are therefore very keen to recover excess fees paid by our members. Master Builders acknowledges that appropriate fees and charges should be paid based on the reasonable cost of building work and Master Builders believes the industry should receive at least two months’ notice of any significant increases in fees and charges.
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High Court win for NSW employers Commonsense finally prevails. The following extract is from Thomson Occupational Health News (OHN) - issue 861 dated 03 February 2010. It reinforces the view that individuals and specialists have a duty of care to work safely in their own right and profession. A NSW hobby farmer has won his battle to have an OHS conviction against him overturned in a landmark High Court decision handed down today. Graeme Joseph Kirk’s victory ends a drawn-out path riddled with delays and impacts the way courts interpret an employer’s duty of care for employees. Indeed, the decision strikes at the very heart of the effective functioning of Australian court hierarchy, finding the NSW Parliament over-stepped its constitutional powers in relation to limits it attempted to place on the Supreme Court. Kirk took his fight all the way to the High Court after the NSW IR Commissioner found him guilty and fined him $110,000 for failing to provide a safe workplace. The prosecution followed part-time farm manager Graham Palmer’s death while moving heavy steel using an all-terrain vehicle (ATV) in 2001. At issue was how to interpret s15 and s16 of the NSW OHS Act and s179 of the NSW IR Act. Re the latter, the High Court said “[a] privative provision in state legislation, which purports to strip the [NSW] Supreme Court ... of its authority to confine inferior courts within the limits of their jurisdiction by granting relief on the ground of jurisdictional error, is beyond the powers of the state legislature.” “It is beyond power because it purports to remove a defining characteristic of the [NSW] Supreme Court.” In recasting how s15 and s16 is interpreted, the High Court held: “It is absurd to have prosecuted the owner of a farm and its principal on the ground that the principal had failed
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properly to ensure the health, safety and welfare of his manager, who was a man of optimum skill and experience – skill and experience much greater than his own – and a man whose conduct in driving straight down the side of a hill instead of on a formed and safe road was inexplicably reckless.” In a strong rebuke the High Court declared: “It is time” for NSW WorkCover “to finish its sport with Mr Kirk”.
Shift in employer duty of care: partner “This is a landmark decision on how the duty of care of employers for their workers will be interpreted going forward,” Norton Rose Australian partner Michael Tooma told OHN. “Employers will be pleased with the decision. It overturns the line of authority consistently applied in NSW which had, to date, given strict interpretation to the scope of the duty of care and brings the NSW jurisdiction in line with other jurisdictions.” “It requires the prosecutor to specifically identify what the risk to health and safety is alleged to have been and what the employer would have been required to do to address that risk,” he said. “How the duty of care of employers has been interpreted has been strict and absolute. Regulators will have to be very specific about what they say the employer should have done.” (HCA, Kirk v NSW IR Commissioner; Kirk Group Holdings Pty Ltd v NSW WorkCover (Inspector Childs)
Tax Review The final report of the much-anticipated review of Australia’s tax system (The Henry Review) was handed to the Federal Treasurer in late December 2009. Its release is now scheduled some time before the 11 May 2010 Federal Budget. It is speculated that the review will recommend: • Voluntary tax returns (for those with simple tax affairs); • Longevity insurance (in exchange for superannuation payouts); • Medicare-style disability levy (as a means to providing care for the 2.3 million Australians expected to be disabled by 2030); • Resource rent tax (a 40 per cent tax which would replace the current state-based mining royalties); and
Canberra Building News Edition 1 - 2010
Henry
Many of the reported leaks have not made it into the final recommendations including: • Applying capital gains tax to the family home; • Abolition of real estate stamp duty; • Abolition of payroll tax; • Increasing the 9 per cent superannuation guarantee levy; and • Reintroduction of indexation for capital gains.
• Road congestion charges.
No Watering Down of ABCC Powers
The Australian Constructors Association issued a press statement last week calling on Government, Opposition and Independent Senators to reach “agreement on the Government’s legislative framework for the building industry, on terms acceptable to the industry.” It continued to talk about the Government’s mandate for change in this area and that, “If industry concerns can be satisfied we would support an amended form of the legislation being passed.”
construction industry want to see the ABCC left in place with its existing powers intact. This position will be reinforced with Cross-Bench Senators and the Opposition. Master Builders’ position remains unshaken: that the government does have a mandate to introduce a new inspectorate but that the new inspectorate must be the “strong cop on the beat” that was promised in Labor’s election manifesto and that the Bill currently before Parliament does not deliver on that promise.
Master Builders, in media comments countered that the majority of employers in the building and
The Bill is due for debate again in the Senate on 17 March 2010.
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Security
of
payments
leg isl at i o n
New laws giving building contractors, subcontractors and suppliers rights to a quick resolution of disputed payments claims will come into operation in the ACT from 1 July 2010. The Building and Construction Industry (Security of Payments) legislation was passed by the ACT Legislative Assembly in November and closely follows similar legislation in NSW and (to a lesser extent) Queensland. Building and construction industry contractors, subcontractors and suppliers who are faced with a payments dispute will have access to adjudication under the Act, which specifies the time allowed to settle a dispute and the process for making payments. It establishes a right to progress payments and outlaws unfair contractual provisions including “pay if paid” and “pay when paid” clauses, excessive payment terms, provisions that prevent the payment of interest for overdue payments, and contracting out of the Act. According to John Murray, former CEO of Master Builders Australia and now an accredited adjudicator under the Security of Payments legislation in NSW and Queensland, who has handed down over 120 adjudications in those states, the effect on the ACT industry will be “in a word – significant” He said the effect of the legislation in NSW and Queensland has been to significantly reduce the cost of pursuing the right to payment, compared to litigation or arbitration. “The speed within which a payment dispute can be determined has been significantly reduced. It is possible in certain circumstances to obtain a decision within six weeks of having made a payment claim.”
PRESCRIPTIVE RULES All parties in the building and construction industry have been forced to improve their contract administration, he said. But he also noted that it is “a very prescriptive piece of legislation. A claimant wishing to avail itself of the rights set 18
s tar t s
1
J uly
out in the Act is required to ensure that it complies with the various specific provisions as to time and content included in a payment claim and an adjudication application. Similarly, a respondent being served with a payment claim is required to also respond within a prescribed time frame and ensure that its payment schedule sets out all the reasons for withholding payment. A respondent is not permitted from including anything in the adjudication response that has not been included in the payment schedule. “Above all however, this legislation has been well received by the industry in NSW and Queensland. It has provided subcontractors and builders with a quick avenue to enforce their right for progress payment for the work they have carried out. It can be expected to have the same salutary effect on the ACT industry.” Minister for Industrial Relations, Katy Gallagher said, “The legislation sets up a scheme to ensure payments to contractors are timely and any disputes over contracts are rapidly resolved. “This is particularly important for small and medium businesses as drawn-out disputes over the failure to pay monies owed impacts on their cash flow and their capacity to operate. This in turn can create uncertainty for their employees,” she said. Mr Murray said the adjudication process operates quickly. Once the claimant has made an application with an Authorised Nominating Authority (which will be specified in regulations), an independent adjudicator is appointed within days. Once appointed an adjudicator is required to make a decision within 10 business days (or a further period, if that is agreed to by both parties).
BASED ON DOCUMENTS He said it is important to emphasise that the adjudicator will make a decision, almost always, on a document-only basis. The adjudicator usually does not have enough time to conduct a conference or site inspection. This means that the party who can prepare the best written submissions
The adjudicator’s decision will set out (with reasons): • The amount of payment that the respondent is required to pay to the claimant (in respect of the amount claimed); • The date which the payment became due; • The rate of interest on the adjudicated amount; and • The manner in which the adjudication fees are to be paid (i.e. which party is responsible for the payment of the adjudicator’s fee and at what percentage). An adjudicator’s decision can be enforced through the courts as a judgement debt. Making a payment claim under the Act is quite easy: claimants endorse an ordinary invoice and state that it is a payment claim made under the Act. The payment claim is also required to identify the construction work (or related
services) to which the progress payment relates as well as indicating the amount of progress payment claimed to be due. The party receiving such a payment claim (the respondent) then has up to 10 business days to serve a payment schedule identifying the amount, if any that it proposes to pay. If the respondent has failed to serve such a payment schedule within 10 (business) days, then the claimant is entitled to the amount claimed. If however the respondent does serve the claimant with a payment schedule, setting out what it proposes to pay and that amount is less than what has been claimed, then the respondent is required to set out why it is proposing to pay the lesser amount.
Canberra Building News Edition 1 - 2010
and include documents to support its argument will have a distinct advantage. The party that has good contract administration and good documentary records (e.g. confirmation of variations, instructions, time sheets, diary records etc.) will be well positioned to advance its case, compared to a party who is unable to substantiate its arguments by providing supporting documents.
INFORMATION SESSION ON THE NEW ACT AND HOW IT WILL IMPACT ON YOUR BUSINESS Master Builders Association of the ACT will be delivering an information session on the Security of Payments Legislation to its members from 4.00-6.00pm on Tuesday 6th April. This session will be delivered in association with the Institute of Arbitrators and Mediators Australia (IAMA) and will be presented by experts in this field, who have had extensive experience in dealing with Security of Payments issues in the other states.
Scaffolding on display at Office of Regulatory Services View good and bad examples of scaffolding.
Scaffold safety on construction sites is considered to be of paramount importance and an area that has been the subject of recent attention both from within the construction industry and from external OHS regulators. To further assist with improving scaffold safety the Master Builders Association of the ACT, Bovis Lend Lease, Rovera Scaffolding, the ACT Work Safety Commissioner and the Office of Regulatory Services (ORS) are collaborating to provide a practical training environment that should see improved scaffolding skills and better scaffolds on ACT worksites. The facility, erected at the Office of Regulatory Services site at 255 Canberra Avenue at Fyshwick, will provide those working on ACT scaffolds with the opportunity to see, discuss and learn from practical examples of both compliant and inappropriate scaffolding.
To access the site, or find out more about this facility, contact either • Information: James Bodsworth, EH&S Manager, Bovis Lend Lease on 0418 167 286 • Access: Rebecca Browne at ORS on 6205 7816
Below: Steve Hart, Safenet Compliance & Training & James Bodsworth, Bovis Lend Lease, inspecting the new scaffolding
The facility will be an invaluable resource for those being trained in this field as well as workers and site supervisors wanting to refresh their knowledge and skills. A checklist will be available onsite for participants to use during their visit that highlights safety critical areas and identifies the noncompliance issues on the demonstration scaffold. Those wishing to use the facility must make a booking and then sign in at the counter at ORS at 255 Canberra Avenue on the day. The facility is available to access on Monday, Wednesday & Thursdays 9am-11am & 1pm-3pm 19
Sustainability BCA 2010 - WILL YOU BE READY BY 1ST MAY? Register now for training provided by Master Builders Association of the ACT and be ahead of the game - further details included below The Building Code of Australia Volumes 1 & 2 2010 will be adopted in the ACT on 01 May 2010. Master Builders is currently negotiating transitional provisions that will apply to the Energy Efficiency provisions. We will advise you when these transitional provisions have been agreed to by the Minister for Planning. The summary of the key changes for BCA 2010. The majority of the changes in both volumes of the BCA relate to the Energy Efficiency provisions. The following is a summary of the key changes applicable to Volume 2, Housing Provisions: • Revised Objective Functional Statements and some performance requirements to recognise that the goal is greenhouse gas emission reduction, rather than energy efficiency • Artificial lighting - has now been added to the list of domestic services in P1.1.12. Due to the need to reduce greenhouse gas emissions, P2.6.2 has been amended to acquire building services to use energy from a renewable source or a low green house gas emitting source • Roof lights - due to the changes to P 3.8.4 reference to that Part has been now added • A new explanatory information note has been inserted in P3.4.2.1 stating that the weight of roof or ceiling insulation, particularly if additional ceiling insulation is used for compliance with the Energy Efficiency provisions, consideration has to be given to the selection of plasterboard, fixings and building framing • There are changes in P3.12 - Illumination Power Density - This new definition describes how illumination power density is calculated and what lamps have to be included in the calculation. • Clarification is added in P3.1.2.11 as to how insulation is applied at structural members. The amended wording allows insulation to be stopped at structural members such as columns or furring channels. Additional explanatory information is added to clarify the continuity of insulation where an external wall connects to a roof and another external wall 20
• With the introduction of a concession for roof colour in Figure 3.12.1.1, there is no longer a single required total R-Value. Therefore, Figure 3.12.1.1 has been simplified to just stating the inherent R-Value of the roof and ceiling construction • New provisions have also been inserted in P3.12 for Electric Space Heating and Artificial Lighting and on Heaters in Hot Water Supply System
The following is a summary of the key changes applicable to Volume 1, Class 2-9 Buildings: • There have been several minor changes to Section J - too numerous to mention in this summary • B1.4(h)(iii) New provisions have been included in B1.4(h) to reduce the risk of glass breakages due to nickel sulphide inclusions. The option within the provision to comply with AS1288 will be phased out after a 12 month transition period, after which, sloped overhead glazed assemblies more than 3m above floor or ground level and all vertical glazed assemblies more than 5m above floor or ground level, must incorporate measures to reduce the risk of breakages due to nickel sulphide inclusions. These new provisions are based on a proposed amendment to AS1288 • A new provision has been added in D2.19 to clarify that certain power-operated doors must be able to be opened manually if there is a malfunction or failure of the power source • Table F2.3 has been amended for sanitary facilities in Class 9b buildings, including schools, theatres and cinemas with multiple auditoria, sports venues or the like • A new provision has been included in G1.1(c) to restrict the use of child-resistant doorsets in an outdoor swimming pool safety barrier these provisions are also applicable in volume 2. • Due to sole-occupancy units in Class 2 buildings and Class 4 parts now needing to achieve a minimum energy rating of 6 stars, the provision in J1.3 and Table J1.3a has been amended to exclude these parts of a building • A new note has been inserted in the ACT Appendix advising of the relevant ACT legislation dealing with sustainability.
Formal training options:
There are considerable changes confronting our industry regarding sustainability. BCA 2010 is a prime example of this. Builders, architects, designers, building certifiers and building consultants will need a satisfactory understanding of the applicable requirements. In line with the current raft of changes at both federal and territorial levels concerning building sustainability, Master Builders proposes to run the following professional development and training workshops/ seminars during the next quarter:
• Home Sustainability Assessment - Certificate IV - the new nationally-recognised and licence-based qualification.
• Green Living - two-day training program for residential builders.
• Sustainability Management: the option for commercial builders based on ‘green’ mandates and best practice options for builders interested in sustainable work practice. • Section J of the BCA 2010: What builders will want to know about the raft of changes proposed for inclusion in the BCA 2010.
Information session - a presentation about all things ‘green’ on the political and industrial landscape:
Master Builders is currently developing relationships with ABSA (Association of Building Sustainability Assessors) DEWHA (Department of Environment, Water, Heritage and the Arts) and an information-based organisation called Energy Makeovers Pty Ltd based in Melbourne to ensure efficient and timely roll out of training and professional development options, as the needs dictate.
• Understanding the thermal software options and why some are better than others, based on thorough due diligence processes, geography, climate etc. • Mandatory disclosure - what this will mean in 2011 for the ACT • Six-star Energy Efficient building - what builders need to know about the star-ratings which exceed the current fivestar benchmark. • Licensing for Assessors - what ACTPLA (ACT Planning & Land Authority) will require of Assessors and those working in this area for licensing purposes and when such changes are likely to occur.
23 February 2010 Sponsored by Austrbrokers
David Watts, Branch Manager, Austrbrokers Canberra Pty Ltd, Michael Del Gigante, Managing Director, Defence Housing, Ross Barrett, President Master Builders Association of the ACT, Christine Miliano, Account Manager, Austrbrokers Canberra Pty Ltd
Canberra Building News Edition 1 - 2010
Sustainability - pending professional development and training opportunities at Master Builders
For all enquiries and to register your interest in the above training programs and information sessions, please contact Grant Daly, Director Skills Development & Research on 02 6175 5954 or 0414 409 543.
2 march 2010 Sponsored by Colliers International
Paul Powderly, Managing Director, Colliers International, Gary Humphries, Senator of the ACT, Ross Barrett, President, Master Builders Association of the ACT
G.E. Shaw & Associates held a President’s Luncheon at their new premises in Phillip with Guest of Honour Mr David Dawes, Chief Executive of Land and Property Services. 21
The Master Builders Golf Day is the major social sporting event on our annual calendar, drawing together those from all sectors of the building and construction industry for a day on the green and a social dinner function, all with the aim of raising much needed funds for a dedicated course. In 2010, money raised through this event went to the Master Builders Skills Centre Building Fund. Established in 2009, the fund aims exclusively to benefit skills and development for the future of the building and construction industry in Canberra and the surrounding regions. This year’s Golf Day took place on Monday 22 February at Yowani Country Club, Lyneham. The weather on the day was beautiful, albeit with a slight easterly wind adding to the difficulty of the already speedy Yowani Golf Course. The day began with some very keen players tee-ing off just after 6.30am. From there, over 200 Master Builders members and guests played a leisurely round of golf, up until 6.00pm when it was time to get ready for dinner. The charity dinner function that evening began at 7.00pm, and was hosting by 106.3FM Radio Presenter Cam Sullings, who was only too happy to have a good-natured laugh at some of the war stories from the day.
Sam Kekovich; MC Guest Speaker One such war story belonged to our special guest and entertainment for the night, Australian media personality, sports commentator and former Aussie Rules player, Mr Sam Kekovich, who retired at the 11th owing to a persistent finger injury. However, what he lacked in golfing prowess on the day he certainly made up for in entertainment on the night. Sam took the stage for about half an hour on the evening and had every audience member in stitches as he described with cutting honestly what he feels it means to be ‘Aussie’. Politically correct he is not, but a funny man he undoubtedly is! On behalf of Master Builders Association of the ACT, thanks once more to our fantastic sponsors. Without the generosity and support of these relationships, great events such as this one would not be possible. Monster Raffle Raises over $2,200 for the future of the industry. Our monster raffle welcomed golfers at the 6th hole and a heartfelt thanks to everyone that purchased raffle tickets throughout the day. Thanks also to those that generously donated the fantastic prizes, including Watsons Blinds & Awnings, National Fixing, Douglas Joinery, Bradford Insulation & Edmonds Ventilations, Builders Co-op, Lighting & Ceramic Supplies, Prime Industries, ACTTAB and Yowani Country Club.
Prizes
Mike Baldwin; Master Builder Director Industrial Relations 22
There were a score of sensational prizes on offer for some of our most talented golfers on the day, as well as a charitable gift for the much-anticipated Bradman Score winner. Prizes this year were a range of vouchers valued from $130 - $260 for some of Canberra’s greatest restaurants and vineyards.
Overall Winner (43pts)
Sponsor
Winner
Seears Workwear
Peter Terry
Nearest the Pin Sponsor
Winner
Non Handicap 3rd Hole
IC Formwork Services
Tim Mutton
C Grade 16th Hole
Bink Cement Products
Peter Mak
B Grade 12th Hole
Hanson Precast Materials
Julie McMahon
A Grade 6th Hole
Stramit Building Supplies
Robert Palombi
Non-Handicap 13th Hole
CE Industries
Brian O’Rourke
C Grade 5th Hole
Amalgamated Property Group
Simon Barton
B Grade 8th Hole
Consolidated Builders Limited
Darren Clark
A Grade 4th Hole
Boral Country, Concrete & Quarries
Matt Kelly
Canberra Building News Edition 1 - 2010
Overall Winner
Longest Drives
Non-Handicap Players Non-Handicap Winner
CSR Bradford Insulation & Edmonds Ventilation
Tim Mason
Bradman Score
Bluescope Lysaght
Trevor Moore
Handicap Golfers Best Women’s Score
St George Bank Limited
Florence Kennedy
Best Visitor
CB Richard Ellis
Paul Elliot
Best Civil Contractor
Carkeet Transport
Greg Dewes
Best Consultant
Bob Walkers Carpets
Jerry Howard
Best Subcontractor
Viridian New World Glass
George Morogiannij
Best Supplier
Baxter Engineering
John Wells
Best Residential Builder
One Steel Reinforcing
John Hailey
Best Commercial Builder
One Steel Reinforcing
Peter Terry
Hole Sponsors 1st
Modern Plaster / Canberra Insulation Services
10th
Walker Corporation
2nd
Urban Contractors
11th
Colliers International
3rd
Signs We Do
12th
Village Building Co.
4th
KW Jacobs Master Roof Tilers Pty Ltd
13th
Boral Bricks Pty Ltd
5th
Canberra Sand & Gravel
14th
Australian Capital Contractors
6th
Isuzu Utes Australia
15th
Coates Hire
7th
Amber Tiles
16th
W T Partnership
8th
CTR Pacific
17th
Pacific Formwork
9th
RAR Access Rentals
18th
Rent a Fence
Auction The charity auction on the night was a huge success, raising over $6,000 for the Master Builders Skills Centre Building Fund. Congratulations to our winners!
Prize
Highest Bidder
Donated by
Signed & Framed NSW Blues Legends Jersey
Geoff Hewatt, Hewatt Earthworks
Bradley Clyde, Uniport Australia
Function for 10 on the National Zoo & Aquarium Catwalk
Nigel Saunders, Ern Smith Building Supplies
Connoisseur Catering and National Zoo & Aquarium
Sitro Vega 4-burner BBQ
Paul Powderly, Colliers International
ActewAGL 23
Canberra’s first
Industrial business park
attracting major businesses
Demand for industrial land at Canberra’s first industrial estate, Monaro Industrial Park, Hume, has proven to be very strong throughout the last 12 months with major businesses committing to the estate. National Property Developer, Walker Corporation, has secured Grace Records Management, Downer EDI Works, Innaimo Transport and two local developers to the estate – with a further 30,000sqm of land under negotiation. Business Development Manager, Clair Boenne, said that the demand for land at the estate has been strong, largely due to ever increasing rents and land prices in the general areas of Fyshwick and Mitchell. “Monaro Industrial Park offers a unique opportunity to purchase industrial land at an affordable price in a tight market – this opportunity won’t last long. Infrastructure and road works are nearing completion and as a result we expect demand to increase even further.” “Over 30% of the estate is now committed and each week we are receiving new enquiries from both Canberra and
State of the Art new Grace Records Management facility nears completion Walker Corporation has signed Grace Records Management (Grace) as the foundation tenant at its $100 million industrial estate, Hume. The new facility is currently under construction and is expected to be complete by early May 2010. Walker commenced work in January 2010 on the construction of a new office and warehouse facility on 20,00sqm of land for Grace at the estate. Walker has previously developed a major records management facility in Sydney for Grace, and the company has signed an eight year lease, with a 10 year option for their new Canberra facility.The facility will have a very high level of security as it will be a major storage centre for Federal Government records, as well as those in the private sector. Chairman of Walker Corporation, Lang Walker, said “We are delighted to welcome Grace Records Management to Canberra’s leading industrial development. Grace is a valued client of Walker Corporation and they have been active in Canberra for many years. We’re really pleased to be working with them to deliver this state of the art new facility”, he added. 24
Queanbeyan based businesses for land and purpose-built facilities. The estate’s position on the Monaro Highway and proximity to the CBD mean that it is an attractive destination for businesses in manufacturing, transport, distribution or building services trades,” said Ms Boenne. Monaro Industrial Park is Walker’s second major development in Canberra – the company is also completing the new 40,000sqm headquarters for the Department of Education, Employment and Workplace Relations in Canberra Civic. The building has been touted as Canberra’s ‘best new office headquarters’ and will achieve a 5 Green Star rating. “Walker is investing in Canberra for the long term – we recognise this city as a great, proactive place to do business and we continue to look for new opportunities across the region. Walker is developing high quality property around Australia and we are ready to share our ideas and expertise with local developers and businesses in Canberra to ensure our developments are a success over the long term.”
provide investment opportunities for local businesses
Two blocks in Monaro Industrial Park are to be developed with strata industrial units to cater for local Canberra businesses. The blocks are both 5,000sqm and were purchased by two competing Canberra developers seeking to meet the needs of Canberra’s industrial service and trade businesses. Mr Tim Mutton, Colliers International Manager of Consultancy, said the development of strata units will be well received by the Canberra small business community. “Since the marketing of the estate began, we have seen strong interest from small businesses wanting to enjoy the benefits of a first class industrial estate. When combined with the highly accessible location, we expect the strata units to do well.” Small businesses in the manufacturing, trades and services industries have found it difficult to find places to base their business and store their equipment in the general trades areas of Fyshwick, Mitchell and Woden as retailers have moved in and pushed up rents and values. Land shortages have placed further pressure on values and seen a number of business owners forced to operate from
Canberra Building News Edition 1 - 2010
New Strata Units
locations that are far from ideal. “Monaro Industrial Park will provide an excellent destination for businesses seeking an affordable property solution in a prime location. Our clients are building for their own business, but are also recognizing the upside in value by including strata unit style developments on their land to broaden their investment options,” said Mr Mutton. Walker is encouraging other local developers to pursue similar development opportunities. “Monaro Industrial Park provides a limited opportunity for businesses to buy and build for their own business, or consider developing strata units while the land is available at an affordable price. This is Canberra’s first and only masterplanned industrial estate – the market for land is very tight and we would encourage people to get in quickly for competitive opportunities and investments for their business,” said Ms Boenne. More information is available to prospective buyers or businesses seeking lease opportunities through Walker Corporation or Colliers International.
Walker Coporation: Ph: 1800 WALKER (1800 925 537) Ph2:(02) 8273 9600 Web: www.walkercorp.com.au Colliers International Ph:(02) 6257 2121 Web: www.colliers.com.au 25
Do you need help with Compliance? Born from over 30 years of experience working with contractors in the market place, Director Anne O’Connor and the Contractor Compliance management team have developed a range of products and services in direct response to business and contractor demands, catering for contractors across Australia. Are your taxes up to date? Are your insurances current? Are you tired, overwhelmed, thinking of every excuse not to do your paperwork? Tired after a long week on site, not looking forward to doing the paperwork, wouldn’t you rather spend your precious time with family and friends? Depending on how you currently offer your services to business, Contractor Compliance has the solution to make your working life easier and more rewarding. Contractors who operate through Contractor Compliance are preferred by businesses all over Australia, because unlike other forms of contracting you don’t pose a potential liability to their business - remember, when you operate through us you are fully insured, your tax is paid and your superannuation managed. Contractor Compliance - is a unique contractor services business that works to maintain the independence and self-employed status of contractors ensuring they are 100% compliant to go to work. There is no doubt that contracting is a positive way to work, but it does involve taking personal accountability for many obligations which do not exist when working as an employee. Specifically, contractors have a responsibility to: • Report and remit tax (GST and PAYG) • Ensure coverage with the correct insurances (Public Liability, Accident & Professional Indemnity) • Manage superannuation contributions 26
• Ensure they are correctly licensed • Supply tools and equipment • OH&S Compliant • Comply with state and federal legislation Those Contractors who choose to operate through a company, partnership or trust will incur the additional responsibility of Workers Compensation Insurance. Some contractors can be unsure of their responsibilities and unwittingly operate in a non compliant fashion or in a manner which leaves them exposed to liability - don’t become one of these statistics. Contractor Compliance acts as your “back-office” and provides services that manage your taxation, superannuation, insurance and other obligations. Our specific contract administration services are designed to remove or eliminate the need for contractors to satisfy ABN, GST, BAS and other statutory obligations. We manage your obligations on a weekly, fortnightly or monthly basis- ATO - PAYG (20% or pay scale deductions - varies per contractor),GST,BAS - Insurances - Public Liability, Income Protection, Professional Liability and all other insurances - Workers Compensation - Superannuation - Industry Super or contractor nominated super - Loan - Business loans, Car leases etc... - Business obligations - Phone, Electricity, Rent and other nominated payments
Certificates of currency will be available via email or fax to all the Contractors clients*, giving their clients piece of mind, making Contractor Compliance contractors more attractive to hirers. *(Authorisation from contractor required)
Additional services: • Assistance with registering Company Structure • Registering ABN, PAYG, GST • Source Industry information- Licences, OH&S Courses, Trade related courses. • Issue Invoices to Hirers • Supply Certificate of Currency to Hirers • Assistance with Tender applications
We are committed to servicing our contractors, the selfemployed, in the most efficient and capable manner possible. Contracting is a personally rewarding experience that is suitable for any worker who needs more flexibility and control over their working lives and want to be rewarded for greater productivity. However, in our experience, people who choose to contract their services typically excel at their trade or profession, but would prefer to spend what free time they have available with their family and friends rather than under a mountain of paperwork. Contractor Compliance offers a simple, cost effective and administration free way to legitimately provide your services as an independent contractor. Let us assist you; being 100% compliant creates more work opportunities.
• Book Training Courses
Contact us today on
• Debt Collection
Ph: 1300 795 055 or 0431 442 814 or email info@contractorcompliance.com.au
• Payroll services for small businesses
Canberra Building News Edition 1 - 2010
A weekly statement will be sent to all Clients detailing all deductions and amounts forwarded to your nominated accounts.
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Discover the recipe for success that
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HEATING
Livella Heating Canberra has been supplying and installing electric floor heating throughout the region for many years. It is operated by Laurie Laffan, who has been involved in the Canberra building industry since 1989. This efficient system can be used over new or existing floors be they concrete or timber (lifting levels by 4mm) and features a quick heat up rate, taking approximately 30-40 minutes to bring the floor temperature from 17 degrees up to a cosy 23 degrees or more. Livella Heating offers a full supply & install service to builders, home renovators and bathroom remodellers and also provides electric floor heating kits to suit any size area, be it residential or commercial.
Canberra Building News Edition 1 - 2010
LIVELLA
Other products on offer from Livella are a range of highquality, energy-smart towel racks and mirror demisters, which are controlled by the programmable thermostat’s second program, thus using very little electricity. These products are very competitively priced and include concealed connection kits. Livella is always pleased to offer design advice and assistance in order to ensure the desired outcome for all their installations. Livella Heating Canberra products are on display at the Master Builders Information Centre in Fyshwick. Brochures are also available at the Rivoland Ceramic Tiles showroom and trade outlets. The team at Livella happily offers a free quotation service, which can be done online from floor plans or by a site visit if required.
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Australia’s ‘gentlemen builders’ gather troops for
100 Year
Anniversary Kell & Rigby, one of Australia’s longest surviving family construction companies, and known as ‘the gentlemen builders’, will celebrate 100 years in business in 2010. CEO James Kell, the great grandson of Kell & Rigby co-founder William Kell, is hoping to include as many former employees, family members, clients, contractors and suppliers as possible in centenary celebrations. In the 100 year history, it is estimated that thousands of people would have worked for the family company. “We have 100 years of stories to share. Our people have made us who we are today. This is a commemoration of their contribution,” says James. Carpenters William Kell & Leslie Rigby established Kell & Rigby in Bathurst in 1910. The relationship signaled the start of what is now known as one of Australia’s longest surviving building companies, responsible for some of Australia’s major landmark buildings, monuments and facilities. Highlights range from the construction of Grace House on York Street, in 1932 now the Grace Hotel, which in its time was the second tallest building in the city; through to the ANZAC War Memorial in Hyde Park, opened by His Royal Highness, the Duke of Gloucester in 1934; to the construction of the Apple Store on George and King Streets in the Sydney CBD in late 2007; and the recently-completed refurbishment of Sydney Town Hall this year. In 1971 Kell & Rigby’s first project in Canberra was the Weetangera Primary School and through the years they have been trusted with many landmark projects including the internal fit-out of the House of Representatives and Senate at New Parliament House, restoration of the National Carillion, the Canadian High Commission and Embassy of Turkey. Kell & Rigby have also built and refurbished several licensed Clubs with the Mawson Club, winning the 2004 Master Builders Project of the Year.
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“Kell & Rigby has been honoured to have witnessed and survived so many critical points in Australian history. We’ve worked through both World Wars and the Great Depression, through to the various challenges of contemporary times,” said James. “Many of the landmark buildings we’ve constructed stand today, which is testament to the professionalism and passion of the people who worked under the Kell & Rigby banner.” The Kell & Rigby website – www.kellrigby.com - provides a detailed history of the company, with rare video and photographic footage. To register your interest in being part of the Kell & Rigby centenary celebrations, simply type http://www.kellrigby. com/100-years/ into your web browser and fill out the form online, or log on at www.kellrigby.com and follow the prompts on the left hand side of the home page.
About Kell & Rigby Kell & Rigby is a leading Australian, family-owned construction company with offices in Sydney, Canberra and Brisbane. Over the course of 100 years Kell & Rigby has earned a reputation for integrity, dependability and design & construction excellence. During the last 10 years they have worked on numerous major projects on the east coast of Australia for clients such as Apple Inc, Qantas, ISPT, Vodafone, Sydney Airports Corporation, Council of the City of Sydney, Resmed, Aldi, Officeworks and Dairy Farmers.
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Canberra Building News Edition 1 - 2010
THE
BOTTOM LINE The views of business leaders in our community are important and very relevant in the debate about our future prospects. This segment called ‘The Bottom line’ has been introduced to give members some further understanding and thinking around some of the things impacting or which could impact on your business. We all know that the Global Financial Crisis heightened awareness around matters of money. Project and business financing is invading the thoughts of many by the minute. In this issue of Canberra Building News we pose a few questions to high profile local banking identity, Paul Kane from St. George Bank. St. George has a long and proud history of serving customers in the Nation’s Capital. St. George’s Corporate and Business Bank ACT Regional Manager, Paul Kane, has lived in Canberra for more than 30 years. His team of 44 experienced business bankers is the largest of any Bank in the ACT. In addition to being a big supporter of businesses large and small in the region, Paul is also a big fan of the Brumbies, Raiders and Capitals, as well as a number of local charities. When he’s not at the office or out meeting customers, you’ll often find him on one of his children’s sporting ovals or supporting the local teams at the AIS or Canberra Stadium.
Paul, thank-you for agreeing to be our first interviewee. It’s been a tough 18 months or so across the board. How do you currently assess the lie of the land generally in terms of business? In a general sense, especially at a global level it has been a tough 18 months. However, I believe that Australia and in particular the ACT, has in many respects negotiated this challenging economic period with very little pain. Canberra is in the enviable position of having low unemployment, and an extremely stable and well-paid work force. We have a comparatively high disposable income and a very strong, robust pipeline of economic activity. Hence I’m very confident about the outlook for the ACT economy for at least the next 18 months.
For a business coming to you right now seeking finance to expand their business, what would you see as the key criteria they would need to meet? As with any plans for expansion, particularly if they require borrowed capital, it is important that businesses approach their bank as soon as possible. Banks will be looking at the financial capacity of the business, now and going forward. In particular, projected cash flows and the underlying assumptions are 32
important ingredients. Past financial statements are also critical as they highlight the historical financial viability of the business. Naturally with any borrowing, there is a requirement for security and this can be in the form of a registered mortgage over property or debenture charges. Supporting the cash flow and security aspects should be a well thought out business strategy or as many people call it a Business Plan. With these three key ingredients an experienced Relationship Manager will be able to quickly determine what are the options and the best way to go forward to assist with the business during its expansion phase. St George Bank has a team of 17 business Relationship Managers based in the ACT. Some specialise in property finance (construction and development) others are commercial and corporate lending specialists. And others specialise in small business. Each of these relationship managers brings a unique level of experience and expertise.
Do you see the need for increased regulation in the banking sector to curtail some of the business failures that contributed to the Global Financial Crisis (GFC) or do you think we have got it right in Australia Australia’s regulatory structure has served us well. We have a strong, well-capitalized finance sector. Our Banks are profitable and extremely well run. Of the relatively small number of AA rated banks throughout the world, Australia is very fortunate in that it has four. Regulation is part of the environment and the landscape in which we operate. However, one thing that has not changed at St George is our commitment to our customers. So whatever happens from a regulation point of view you can be assured that St George will continue to focus on our customer’s needs.
There is a lot of talk on the streets about the great difficulties in obtaining finance for projects of all sizes. Can you comment on this and given that the talk appears real do you see things changing? Leading up to the GFC there was an abundance of liquidity and competition in financial markets, which meant that the price of risk became, in the long term, unsustainable. Hence the GFC has meant there has been fundamental change particularly around risk, return and access to capital. In this the “new norm” environment where capital is limited, it only stands to reason that loan application requirements will carry a higher level of scrutiny. Applications that have solid equity, strong cash flow, a good track record and where market risk has been well mitigated, will stand a greater chance of obtaining finance. St. George Bank lent close to $1.5bn in the ACT economy last year. More than half of this was for business and construction purposes. So this means that if you’re a customer with St.
Having been in the banking industry for more than 35 years it is obvious to me that we are simply getting back to basics. Loan applications that make sense and where clients have a strong relationship with their bank, are always better placed to obtain finance. In our case St. George’s commitment to Canberra is unchanged and we are dedicated to supporting our customers.
Australia has performed extremely well throughout the GFC against other advanced nations. Closer to home, Canberra has been a strong performer for quite some time. There are now key projects parked, in some cases because of changed lending criteria. If we are to avoid some of the more pessimistic forecasts about future activity in building and construction, what can the Banks do to bring some confidence to the market?
Canberra Building News Edition 1 - 2010
George Bank, you were supported far better than customers from other organisations who had seriously curtailed their lending.
We are optimistic about the Canberra economy over the next 18 months. On the residential construction side, I have not seen many projects “parked” due to changed criteria. Pre-sale requirements are being met and provided sensible levels of equity are contributed, project finance seems readily available. On the commercial front, provided market risk has been well addressed and the cash flow delivers an acceptable level of interest cover, there is adequate access to finance. St George has been a major lender of project finance for more than 25 years. We have seen many economic peaks and troughs over this period. As such many of our Relationship Managers have worked through these cycles and they understand the importance of their commitment to their customers.
What positives do you think we can take, and what lessons should we have learned from the events brought on by the GFC, what is the Bottom line? Out of bad comes good. There has been a fundamental shift in the way that business and individuals consider risk. We have seen a flight to quality and customers seeking the safety and security of an AA rated Bank. Everyone is more considered in their borrowing expectation and we see a trend toward saving. In fact our deposits have grown rapidly and substantially over the past 18 months as our customers seek the safety of security of a trusted Bank. I also believe many people have gone back to basics. They value local Banking brands and understand and appreciate the importance of Australia’s well capitalized banking system. In many respects the bottom line is that people want to deal with people they know and trust. They want an organisation that takes customer service seriously. They also want a Bank with soul – one that has personality, the human touch and that genuinely cares. There is only one bank like that in Canberra and I’m proud to say that I work for St.George.
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Wherearetheynow?
Andrew Mills & Laith Jasprizza
Andrew Mills From early beginnings with Millarth Carpentry, Andrew Mills has progressed his career over the past ten years to be the director of the very successful Bellevue Building Projects Pty Ltd. Beginning primarily as a residential-based building company, Bellevue Projects now undertake some of Canberra’s finer commercial refurbishment, adding the recent National Press Club and Weston Club (formerly known as the Royals Football Club) custom-design makeovers to his already impressive resume. Bellevue Projects, however, are still primarily a residential builder and 60% of their projects are at the high quality residential end of the market. Andrew is very passionate about the industry that has given him so much and feels a great need and obligation to give back to the building industry as a host employer of apprentices.
at Young and was offered the opportunity in Canberra as an “out of work” apprentice mid-way through his carpentry apprenticeship. Laith was employed by and completed his trade qualification and has been a key member of the Bellevue Projects team for a total of 11 years. Andrew takes great pride in Laith’s achievements and believes it is important to create strong working relationships with young recruits in order for the apprentice and the business to achieve great success. Andrew’s efforts to train, guide and nurture this young talent has been rewarded by Laith’s loyalty and hard- working nature . Andrew’s commitment has been rewarded and should be an incentive to others who are keen to grow their own skills within their company, thereby securing their future skills needs.
Long gone are the days where a simple desire to be a tradesman could see any young person walk into an apprenticeship of their choice and complete the full four years it takes to get qualified. Training providers such as the Master Builders Association of the ACT are constantly facing the challenge of securing host employers for their young recruits. Andrew Mills, a longstanding member of the MBA ACT and a great supporter of the Group Training Scheme has been employing MBA apprentices since the association first opened its doors at 241 Northbourne Ave in 1995. His greatest success story being that of Laith Jasprizza, former MBA apprentice who is now Bellevue Projects’ foreman.
And, it doesn’t all stop there for Andrew. He is currently enrolled in the Diploma of Building and Construction Management with Master Builders Group Training. Andrew states that hands-on experience is a key element, however, this hands-on experience must be complemented by further training. Andrew had previously completed his Builders License training through the Master Builders. Andrew also states that he places great emphasis on the up-skilling and training of his team within Bellevue. This training and skills staff skills development has been an important feature in the growth of the company and has contributed to some of the company’s recent success. Andrew has recently opened a new office in Bruce that employs six office staff and over 15 full time trade contractors, along with one apprentice carpenter.
Laith, like any other apprentice, experienced some dilemmas early on in his career. Son of a Cherry Farmer from Young, Laith commenced, but could not complete his apprenticeship,
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Laith Jasprizza
Canberra Building News Edition 1 - 2010
National Carpenters Day 2010 Master Builders is supporting National Carpenters Day on Friday 16 April 2010.
The initiative of National Carpenters Day by Wood Naturally Better – Forest Wood Products is to promote those that work with timber and the use of timber as a natural material that is sustainable and renewable helping to tackle climate change. Members are encouraged to be actively involved. Master Builders will be holding a free BBQ for all carpenters at our Skills Centre in Fyshwick from 4.00pm Friday 16 April. National Carpenters Day is celebration of carpenters and their work and recognition of their contribution to our community since 1788. In 2009, National Carpenters Day was Australia’s first occasion to recognise the contribution hard working carpenters made to our lives. To thank as many carpenters as possible in 2010, National Carpenters Day will be celebrated at BBQ events throughout Australia.
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OH&S Up d a t e
By Glenn Hart, Master Builders OH&S Coordinator
Do you run a business and want to know if you are meeting your occupational health and safety obligations? Well, you are not alone! Lately there seems to have been an increase in the number of enquires about what is required for small business to meet the obligations of the Work Safety Act 2008. Some of these obligations are: • providing a safe workplace and systems of work • maintaining equipment, tools and machinery in a safe condition • providing safe and hygienic facilities such as toilets and eating areas • providing information instruction, training and supervision to all workers • providing access to medical and first aid services • providing a means for consultation within the workplace • monitoring and recording work-related injuries and illnesses • notifiying ACT Workcover about any serious injuries or any injury that causes the employee to have more than seven days absent from work The Small Business Toolkit which is produced by ACT WorkCover can put you on the right track to becoming compliant with the obligations listed above. It is designed to meet the requirements of Australian Standard AS 4804 Occupational Health and Safety Systems and therefore allows you to fulfil your obligations under the OH&S Act in the ACT and, most importantly, improve the safety of your business. Information such as OHS legislation, Regulations and Codes of Practice are also included in the kit, as well as including templates for reporting injuries, recording training that staff have undertaken, a Hazardous Substance Register and a template to record discussions about any safety issues. You are able to record the safety issue raised, how it was 36
resolved and, most importantly, the corrective actions can be recorded for future reference. This is just one example of how your obligations under the Work Safety Act 2008 can be fulfilled. Unfortunately, these days, safety onsite may be compromised through a number of reasons. One example may be not making enough time to assess and control hazards that exist in our workplace through working excessive hours and/or over-committing the businesses resources. Even tighter profit margins can also serve to detract from investing in providing a safe workplace for your employees. The reality is that developing and maintaining a Safety Management System doesn’t have to be a time consuming, expensive or difficult process at all and the benefits certainly go beyond avoiding an expensive compensation claim or potential fine from ACT Workcover. We are now seeing a shift in the perception of safe work practices on construction sites around the Canberra region, as businesses are starting to use safety as a way of promoting their business as a more well-rounded complete service provider, that can not only provide a service delivered on time and within its budget, but in a safe and professional manner. These attributes can put your business at the forefront in your designated field and can make the difference between getting that next job or missing out completely. Putting safety at the forefront of your business activity is a smart move as, at the end of the working day, we all want to return home to our families and loved ones. There is no job out there that is worth compromising your safety. For any more information on how you can make your business compliant, please contact Glenn Hart on mobile 0419 207 511 or ph Master Builders Group Training on 02 6280 9119.
Canberra Building News Edition 1 - 2010
Apprentice Kickstart Project to Exceed 21,000 Target
Deputy Prime Minister Julia Gillard has praised Australian businesses for taking advantage of the Government’s Apprentice Kickstart bonus, with the program likely to exceed its target of signing up 21,000 apprentices in three months. More than 19,600 young people have been given a job in trades hit by skills shortages, as of the closing date at the end of February. With more Kickstart contracts still coming from the states and territories for the last part of the program, it is expected the final figure will surge beyond 21,000. “Kickstart has been very well received by both employers and training bodies around Australia and I congratulate all those employers who capitalised on the program and gave a young person a go.” Ms Gillard said. Funding for Apprentice Kickstart came from the Government’s $650 million Jobs Fund which was negotiated with the support of the Australian Greens and Senator Stephen Fielding. Senator Arbib said State and Territory Governments were in the process of submitting proposals for the $20 million pre-apprenticeship measures under Kickstart.
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Kid’s Assist & ASBA
Programs providing new starters for the Building & Construction Industry For over 40 years Master Builders Group Training has successfully provided training for apprentices and in more recent times cadets and trainees. Also on the training scope are two very important school based programs Kids Assist and Australian School Based Apprenticeships (ASBA).
The Kids Assist program Having grown over the past nine years ‘Kids Assist’ is an initiative aimed at year 10 students deemed by the education system to be ‘at risk’ of not completing their Year 10 Certificate. The worth of this program was seen by the construction industry and in particularly by PBS Building as a way of supporting young people that normally would not be provided with opportunities to develop and contribute to the broader community. In 2009, sixteen year old Lanyon High student Jake Horsburgh was given the chance to participate in the ‘Kids Assist’ program. Jake showed leadership and maturity on site and successfully graduated as one of the 26 students in October of last year. 25 of the 26 students completed Year 10 and continued into year 11 to further their school studies. Jake wanted to start an apprenticeship in carpentry straight away and is now employed by Master Builders Group Training, currently being hosted by Canberra Commercial Contractors and working at the Village Creek site in Kambah. Jake said “I found out about ‘Kids Assist’ from my Careers Advisor at school and getting that chance opened up this job opportunity. My apprenticeship is a bit different, but I’m settling in nicely.” Mark Crawford from Canberra Commercial Contractors thinks Jake is going places and asked what he thought for the future Jake said he wanted to “finish my apprenticeship and eventually run my own business.”
The ASBA program Master Builders Group Training offers an Australian School Based Apprenticeship program. This program is aimed at year 11 - 12 students who have an interest in gaining experience in the building industry and is also designed to expose students to the industry whilst completing College studies. Students must be enrolled in an ACT high school or college to participate, and they commence this program in year 11. Over the past five years Master Builders Group Training have employed and trained over 300 school based apprentices, each having the opportunity for practical hands-on training designed to prepare them for employment in the industry. Each student enrolled in the ASBA program is required to complete 11 hours training per week, consisting of two components.
Off-site training On a scheduled weekday evening between 4.30 – 7.30pm, students attend the Fyshwick Skills Centre, where they undertake the theory and practical component of Certificate II in Construction.
On-site training Students complete eight hours on-site training per week with a host employer. A student, in conjunction with their school, nominates a suitable day to minimise the impact on college studies. Students can introduce their own host, or be placed with one of the Master Builders approved hosts. In 2009 all but one of the graduating year 12 students have continued with a career in the building and construction industry. Luke Gilbert and Brad Miller are Master Builders Group Training Apprentices, with Luke working on a number of Defence Housing projects and Brad’s host employer is Canberra Building Services. Other graduates have been employed as ‘User Choice’ apprentices trained by Master Builders Group Training or have taken apprenticeship in other systems.1
1 User Choice – This is a Federal Government policy which allows industry employers to choose where their apprentices are to receive their competency training. In this case Master Builders Group Training as a registered and accredited training provider.
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Canberra Building News Edition 1 - 2010
WorldSkills Australia National Competition, Brisbane 2010 WorldSkills Australia will hold its National Competition in Brisbane from 7-9 May 2010. The competition will bring together 500 of Australia’s best young skilled apprentices and trainees aged 16-23 from 30 regions and across 50 trade and skill categories. The competition will coincide with the 2010 National Careers and Employment Expo making the WorldSkills Australia National Competition Brisbane 2010 the biggest skills and careers expo in the southern hemisphere. WorldSkills Australia Try’aTrade program will run over the three days in conjunction with the National Competition. The WorldSkills Australia Try’aTrade program will: • hold 30 interactive skill and trade categories • involve over 60 skilled tradespersons, industry experts and apprentices • expect to have up to 25,000 participants ‘having a go’ at various skills through mini projects. From Canberra, Master Builders Group Training, plumbing apprentice, Gerard Allen will compete at Worldskills Australia this year. Gerard is an outstanding apprentice, having previously won ACT Regional Worldskills gold medals in 2007 and 2009. He also won a silver medal at Worldskills Australia in 2008. A win in Brisbane would see Gerard compete at Worldskills in Manchester in 2011. Gerard’s host employer is Custom Plumbing Services, a locally based plumbing company which has been installing hydraulic services throughout Canberra for over 30 years. Custom Plumbing has trained over 40 apprentices during the past and firmly believes that apprentices are the life blood of their company. “Gerard continues in this tradition”, John Stephens, Managing Director of Custom Plumbing said. “He is focused on quality, gets on with his work and studies. We fully support Gerard in his endeavours to represent Australia in plumbing at Manchester 2011.” 39
OzHelp Foundation
launches their new national office premises and OzHelp Community Services. ACT Minister for Health, Katy Gallagher MLA, will formally launch the new national office premises of OzHelp Foundation, on 9 April, in addition to launching OzHelp Community Services (formally known as VYNE @ OzHelp). The OzHelp Foundation is a workplace-based early intervention suicide prevention and social capacity building program. It is built on a vision to enhance the resilience of workers, and strengthen the influence and support of leaders within industry and community groups. OzHelp is now the leading suicide prevention service provider for building and construction in the ACT, and has been influential in reducing suicide rates within the industry. It was in 2001 after the construction industry in Canberra was shaken by the tragic suicides of three apprentices, and the persistent lobbying by the mother of one of these apprentices (David Alan O’Bryan), that OzHelp commenced a pilot initiative in partnership with the ACT branches of the Master Builders and CFMEU. Following the success of this local pilot, consistent and increasing demands have arisen both from the construction industry, nationally, and from other sectors to expand the OzHelp model to service their needs. The completion of a 12 month feasibility study focusing on the potential to expand this model also showed overwhelming support from industry and other stakeholders in all states of Australia. OzHelp provides a range of opportunities in both nationally accredited training courses and workshops such as Mates in Construction (MIC), General Awareness Training (GAT), safeTALK and ASIST in addition to conducting events and information sessions such as OzBBQs and Tradies Tune Ups. The organisation has most recently been involved in the development and delivery of training modules targeting lifestyle and workplace issues relating to topics such as healthy living, workplace bullying, managing anger, work life balance, conflict resolution, and managing money, to name a few. The staff and management of OzHelp work closely with industry associations, training organisations and employers to ensure that workers and managers in industry, business and the community sector are aware of its services and feel comfortable in approaching its staff for information and/or support.
The OzHelp Foundation has also formed numerous partnerships with other key organisations who deal with issues relating to stress, depression, nutrition, drug and alcohol dependence and more, and it is these partnerships together with its own team of trained and qualified staff, that gives the OzHelp Foundation the ability to be effective in its outreach. Demand for, and expansion of OzHelp’s services has resulted in unprecedented growth over time, and the recent move into larger office premises will facilitate the future development of its activities. Now located in the ACT, regional NSW, QLD, NT, WA and Tasmania, the vision of supporting and enhancing the resilience of workers, and strengthening the influence and support of leaders within industry and community groups, is being realised. Part of this expansion also sees the launch of OzHelp Community Services (formerly known as VYNE @ OzHelp) whose core business is to provide the community with best practice, evidence-based training and education related to suicide prevention, and activities designed to enhance connections, resilience and mental health promotion. As a community education and training resource, OzHelp Community Services aims to increase understandings, knowledge and skills in the field of suicide prevention and mental health promotion, in addition to strengthening the capacity of services and the community to respond to people at risk. OzHelp Community Services’ main activities consist of the development of a community training calendar, and tailor made training for businesses, schools, community and government organisations. Future initiatives will involve identifying community needs in the areas of suicide and mental health promotion, and being responsive to these needs through the development of innovative programs. For more information about the services and training offered by the OzHelp Foundation and OzHelp Community Services go online to www.ozhelp.org.au or email info.act@ozhelp.org. au. Alternatively, if there are personal, work or home related issues that you’d like to discuss with someone about call 1300 OZHELP (1300 694 357).
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Canberra Building News Edition 1 - 2010
Skipit solutions has developed a unique yet simple solution to the major issue of concrete wash out on construction sites. A range of patented products have been designed and developed with an overall objective of protecting the environment and providing valuable recycling. Concrete pump and truck skips are now being used effectively in the ACT. An additional skip has been developed for the concrete cutting industry and domestic size jobs which is currently being tested. The idea was generated by a request from the National Parks and Wildlife Service to help manage the issue of concrete wash out in the Kosciuszko National Park (KNP). The truck skip was the original skip to be designed and tested successfully in the Park with NSW Department of Commerce and then used on the redevelopment of Jindabyne Dam. Dave Powell Project Engineer NSW Department of Commerce stated “The results of the trials showed that the system was both easy to use and is a positive environmental step forward from the old practice of washing concrete trucks onto the ground.” However as time went on it became apparent through feedback a solution was also required for concrete pump wash out. This was designed and tested on the Jindabyne Dam under a high work rate. The skips receive and separate all concrete washout. The waste water and concrete are recycled reducing land and stormwater system contamination. The contaminated water is pumped from the skip into a concrete truck and returned to the batching plant for re use. The concrete solids are collected in the skip filter and are removed and placed into a separate skip then transported to concrete recyclers. The ANU has been keen to support the skips as they are seeking the best possible environmental practices. Brian Lane, Associate Director Property and Buildings, Facilities and Services shared “One of the ANU’s most valuable assets is its gardens and grounds. The collection and recycling of the caustic concrete wash out water prevents major contamination of the construction site and any resultant detrimental impact on future landscaping. The Skipit solution also allows contractors to recycle concrete solids in line with ANU’s environmental objective of recycling builder’s waste to the maximum extent possible. The other major advantages relate to site cleanliness and safety. The ANU will be mandating the Skipit solution for future capital works on the campus.” The skips are also currently being utilised at other leading projects in ACT such as Bulk Water Alliance (new dams and pipelines) and Government projects. Their use is ongoing with KNP and Perisher Ski Resort where they have become part of their environmental policy. The skips provide builders with many benefits keeping their sites clean, assisting with OHS and offering a competitive advantage to those who show they support best practice. The skips are easy to manage on site with a simple 15 minute demonstration given to first time users. The bins are locally manufactured and engineered to satisfy work cover regulations. 42
Master Builders Deputy Executive Director, Jerry Howard had this to say “ Protecting our environment from construction activity pollution is of primary importance to our members, the use of this product further enhances our members’ credentials.”
Industry Facts: • Concrete trucks and concrete pumps currently require 41 million litres of water per year for “washouts” – this is enough water to provide for a city of 5,000 for nearly 2 months • 41,000 m3 of waste concrete and concrete aggregate are generated each year – half the amount of concrete required to build the 63 floor Rialto Towers in Melbourne • An amount of this “washout” water and concrete waste is dumped resulting in environmental damage to land and stormwater systems
Wash out Water: • The residual and contaminants from washing down concrete truck chutes and concrete pumping equipment – approx 20 litres per truck; 250 to 300 litres per pump • Basically a mixture of fine cement particles and various chemical admixtures and pigments in water • Caustic and corrosive with a pH near 12, (the same as ammonia) safe Ph levels:
For aquatic life 6.5 – 9.0 pH
For plant life
6.5 – 7.0 pH
• Causes serious damage to fragile aquatic ecosystems NB: pH is a measure of a liquid’s acidity or alkalinity on a scale of 0 (acidic) to 14(alkaline), where 7 is neutral. For further info please contact Wally Weston on Mobile: 0408 209 469 Web: www.skipitsolutions.com.au Email: wally@skipitsolutions.com.au or
Canberra Building News Edition 1 - 2010
Waterproofing - We Can Get It Right It was with great interest that I read your editorial in your last MBA publication, provided by Jerry Howard - “Why Can’t We Get It Right?” Jerry is absolutely correct in his overview of the problem and the reasons and remedies. As a practitioner with over 10 years experience, I felt it was important to follow up with the contractor’s perspective.
Waterproofing Failures When it comes to waterproofing in both residential and commercial dwellings there are two major issues that undermine the integrity of waterproofing systems. The first is quite simply the inability of the membrane to keep water out of the designated area. Penetration of the protective shield of the membrane is quite common and can occur due to unqualified or careless application or the use of an unsuitable product for that particular substrate or building situation. The second is the failure of the entire waterproofing system and occurs when the water escapes through means outside the control of the membrane. There are several factors that can contribute to the failure of a waterproofing system such as insufficient fall grades on floors, insufficient barriers and incorrect position of barriers.
Waterproofing and Tiling, can there be a compromise? The main priority for Steven and Rae Amosa of ACT Waterproofing, is to find the most suitable product for each project and ensure it is applied correctly to meet national standards and manufacturer specifications. Having an independent trade that specialises in waterproofing will give you the certainty and minimise longer-term problems with this key element in the construction process. Since established in 1994, ACT Waterproofing have seen the emergence of the Tiler/Waterproofer or builders who employ unqualified construction workers to simply apply waterproofing sealant with a brush. Although there are very few who go through the training and certification program, there are far too many unqualified tradesman and builders out there who regularly put people’s homes and commercial buildings at risk of future water damage for the sake of cutting costs in this critical component of the work.
For Tiling contractors, their number one priority will always be to have a finished product that is appealing to the naked eye. Unfortunately, this may mean applying an inferior waterproofing product that is easily applied but is likely to fail resulting in very expensive remedial work. ACT Waterproofing have been successfully waterproofing balconies since 1994. “We’ve come a long way with builders and clients, helping to change ill-conceived building practices. We have created a working relationship where builders are now consulting us on upcoming projects in an effort to address the potential waterproofing problems before we are called onsite. This is a positive step forward but there is still a long way to go.” (Steven Amosa, ACT Waterproofing)
Who is responsible? At times, the roles and responsibilities of building designers and builders are not clearly defined or understood, which can lead to failures during construction. The waterproofer’s job is to ensure that projects are waterproof once the work is ready for waterproofing and to be able to provide a warranty for the works completed. This is done with the assurance that every tradesman that comes through the site before and after shows the same level of respect for the work of the previous contractors. This accountability should be at the earliest intervention in the project and this should be at the design stage of all projects. The builder’s primary task is to build the project. The designers should possess the expert knowledge in specifying the product’s performance and suitability for it’s intended purpose. ACT Waterproofing are continuing to work together with designers, builders and clients to find the optimum solution for each project which, in turn, provides peace of mind for everyone. Without a doubt, the best product on the market for waterproofing balconies is EPDM rubber membrane which we have been using for almost 10 years. It is used in all situations including ponds and a similar product is used for shower bases. Jerry Howard’s editorial also endorses sheet membrane products as the preferred option. The team at ACT Waterproofing also have extensive experience in the use of products such as polyurethane, epoxy, torch-on bitumen, cement-based, bitumen-based, water-based products, injection, semi-cured and fully-cured rubber sheeting, which further endorses their versatility as waterproofing contractors. If you require specific advice for your upcoming project, contact the team at ACT Waterproofing today. 43
Throughout 2010 Master Builders Association of the ACT will be running a series of themed Information Nights for our members. These Information Nights are designed to offer each sector of our membership the opportunity for specific information, education and networking opportunities relevant to their sector of the industry. The first of these evenings was the Landscaping Information Night, which took place on Thursday 18 February from 5.00 – 7.00pm at the Master Builders Headquarters. The Master Builders Landscaping Information Night centred around crucial issues confronting landscape designers, architects and contractors, with presentations on topics such as adaption to climate change, water efficient landscaping concepts, new innovations in landscaping, irrigation system ideas and scheduling, and much more. Guest speakers on the night included Mr Neil Hobbs, National President of the Australian Institute of Landscape Architects and Mr Austin Goodfellow, Irrigation Specialist at Goodfellow & Associates. Both speakers offered highly relevant and interesting views on how best to achieve landscaping that is both efficient and aesthetically pleasing. The evening was generously sponsored by Amber Tiles, who also gave a short address to the audience and provided a fantastic product display in the Master Builders foyer, where drinks and finger food were provided both before and after the presentations.
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The night proved a great opportunity for our guests to increase their industry knowledge, and allowed for a wonderful networking opportunity as well. We look forward to our remaining Information Nights throughout 2010, which will be advertised largely through email alerts to our members.
Bellerive Leads The Way
In the current market, home buyers are undoubtedly looking for a safe, secure long-term investment. None more so than those who are contemplating retirement or who may already have reached that time of life when they can put their feet up and slow down. For many people it’s a case of down-sizing from their family home to something more suited to their new lifestyle. Enter Bellerive, the latest Hindmarsh Living development in Lyons. The development, for over-55s, offers a mix of villas and apartments within easy walking distance of the Woden Town Centre. Located on a site covering more than two hectares on the corner of Melrose Drive and Launceston Street, the project takes advantage of its location by linking the existing residential area of Lyons with the town centre. In the process, it has retained a significant percentage of the site as open space. All accommodation has been designed with the best of contemporary living in mind – gourmet kitchens, stainless steel appliances and all the latest architectural features that make for an enviable lifestyle. So popular has Bellerive been, Stage 2 is now on the market offering a number of spectacular apartments.
Hindmarsh Living, the people behind the Bellerive community in Woden, noticed that many older Canberrans were keenly interested in environmental issues. It was important to Hindmarsh Living that Bellerive be something of a ‘green’ show piece.
Canberra Building News Edition 1 - 2010
Hindmarsh Living A number of features of the village reduce energy consumption and water use. Forty-eight solar panels on the roof of Bellerive’s Leisure Centre are connected to a grid that produces enough electricity to power three to four average homes. The savings that result from the solar initiative are shared between all residents. Energy use within the villas and apartments at Bellerive is also reduced by the use of heat pump hot water systems, an Australian invention that is 60 to 90 per cent more efficient than conventional systems, representing further savings to residents. Bellerive is also water-wise. Rainwater harvested from roofs and roads is collected in three tanks with a total capacity of 270,000 litres and is used to keep the common lawns and gardens irrigated. A further initiative is the use of Smart Metering which allows electricity and water meters to be read remotely, reducing travel miles and fuel consumption. All homes in the village have an EER rating of 5.5 or more.
71 Constitution Avenue, Canberra ACT 2612 Australia T +61 2 6247 4999 F +61 2 6248 0751 www.HindmarshLiving.com.au 45
MEMBER
Anniversaries
20 Year Members At the recent Master Builders Annual Golf Day, Ross Barrett acknowledged three long-term members that have maintained continuous membership of 20 years. These significant milestones are recognised with the presentation of an anniversary certificate. Master Builders values the contribution made by W T Partnership, Viridian New World Glass and Eastcliff.
Mark De Jager - W T Partnership
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Ray Callan - Viridian New World Glass
Brian Ahern - Eastcliff
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Canberra Building News Edition 1 - 2010
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