CCF NSW Bulletin Vol 1 2022-2023

Merry Christmas from all of us at CCF NSW Merry Christmas from of at NSW

FRONT

CEO’S REPORT Volume 1 2022/23

I want to sign off 2022 by expressing my admiration for this great industry and the employers and people that work in it.

I recall with absolute clarity choosing to return from leave early in Christmas 2018 in response to bushfires ravaging NSW. Contractors were working their hearts out protecting their local communities, but many were not getting paid by RFS. While CCF NSW intervened and fixed that, no contractors I spoke to chose to stop doing the work – they chose to keep helping.

Fast forward four years and replace fire for floods, add in a pandemic, a war, and staff shortages. I saw the same happening in flood recovery as I did in the bushfires – contractors choosing to stay and work on for their communities. Things are still extremely tough for the industry. What is different now to the 2018 bushfires is that most of the industry is suffering.

I talk often about how I see the CCF NSW family of civil Members as being a very special group. It is in times of adversity that leaders lead. So many of you have silently carried on your shoulders your organisations and staff – with strength of character and force of will.

The concern we have is whether your balance sheets (and you) can hold out. If too many businesses start failing, the consequence will be to create a run – we will have another kind of pandemic on our hands.

The vaccination for this type of virus is profitable and cash-positive work. As over 70% of the NSW civil industry obtains its revenue from a level of government that wants works constructed, these governments should nurture and support the industry. If the NSW Government truly wants a sustainable NSW civil industry – one that will be there to do the work when they need it done – it should choose to ensure the industry is viable (profitable) for those in it.

Case in point – the NSW Government’s unfathomable, ghastly choice in September to decline ANY support to contractors on existing contracts for hyper-escalation of supply chain inputs caused by war and COVID. And the reason given? To protect their project budgets. The consequence? Businesses fail and leave the industry (see the article on page 34).

That was their choice. Just as it was the choice of Transport for NSW to cut by 62% over the sevenyear period FY15 to FY21 the dollars spent through SMEs via new contracts valued under $100m. And, following at times a rather tense 12 months of advocacy, we are delighted to say (spoiler alert!) that

it was their choice to markedly change that position in 2022. Stay tuned for more info.

It was also the choice of the NSW Government to support our Women in Civil vision of equality in civil roles – 50by50 –with their goal of 15by30. This is a monumental step, for nothing will do more to solve our workforce supply problems in Bermagui, Bourke, Ballina and Barangaroo than getting more women to join and remain in the industry.

These are the sorts of choices a State Government gets to make; and they must own the consequences of their decisions. On March 25, 2023, the people of NSW will get to make their choice as to which colour will be leading the State for at least the next four years.

CCF NSW’s role in State elections is to be your voice – to fearlessly advise and explain to all sides of politics the ramifications of their choices, and to recommend industry-generated solutions. We have done that very, very clearly with our A Dozen Do’s to Construct a Sustainable, Viable Civil Construction Industry

We released the Dozen Do’s 12 months out from the election date because political parties do not make policy choices (okay, good ones) in the last weeks before an election – they need time to consider and absorb. Fortunately, at CCF NSW we back up our recommendations with oodles of evidence and data, not spin. And our solutions are crafted from and by industry (and that means all our family of Members across all of NSW, not just big companies based in Sydney).

It is indeed an enormous strength of CCF NSW that we have such a diverse Membership, and that Membership is very, very engaged in the positions we develop and advocate. There is seldom a moment when I am not left crystal-clear about what Members think!

So… choice and consequences.

Despite how hard it is for so many of you to be profitable at the moment, you keep turning up, leading your businesses. CCF NSW tries to support you and carry some of that burden, and it is an honour to do so, but we stand in awe of what you choose to cope with.

Thank goodness you do, for the people of NSW desperately need you to keep constructing their

CEO, Civil Contractors Federation NSW

NATIONAL CEO’S REPORT

On 11 November, the Civil Contractors Federation National announced the winners of the 2022 CCF National Earth Awards, and I am pleased to share with you details of the winning projects.

The prestigious CCF National Earth Awards recognise excellence in civil construction across a range of sectors. The winners were announced at our Gala Dinner on Friday, 11 November 2022 at the Hotel Realm in Canberra, where 250 people from across the civil construction industry gathered to recognise 47 finalists, all of whom were category winners at the state and territory level.

I congratulate all finalists and commend them for delivering civil construction projects to the highest of standards. All projects have demonstrated best practice in their respective areas, including roads, bridges, drainage, rail and utilities.

I commend our seven category winners, who have been judged the ‘best of the best’ by our independent judging panel, who I also thank for their invaluable assistance.

I also thank our sponsors - PSC Insurance Brokers, the official insurance partner of CCF National, and the Australian Construction Industry Redundancy Trust.

1. Project value up to $2M: Kentish Council and Treloar Civil & Quarries Wilks Rd Extension: Improved road access to Lorinna in North-West Tasmania.

2. Project value $2m to $5m: Select Civil Avon Dam Rd Bridge Replacement: Design and construction of a replacement bridge, providing access to Avon Dam, NSW.

3. Project value $5m to $10m: Rob Carr and Water Corporation Gnangara Branch Sewer Section 2: Significant upgrades to the sewer network in Perth’s northern suburbs.

4. Project value $10m to $30m: McMahon Services Australia The Australian Bragg Centre for Proton Therapy & Research – Civil and Environmental Remediation Works for the new $500m centre in Adelaide’s BioMed City.

5. Project value $30m to $75m: Georgiou Group / Brady Marine and Civil JV Indooroopilly Riverwalk: Construction of a 790m, 5m-wide bridge over the Brisbane River.

6. Project value $75m to $150m: Downer ED Denny Ave Level Crossing Removal: Removal of the crossing, construction of a rail bridge and road underpass, upgrade of road networks and revitalisation work in Perth’s Kelmscott.

7. Project value greater than $150m: McConnell Dowell/ DECMIL Joint Venture Mordialloc Freeway: Design and construction of the new freeway in Melbourne.

Chris Melham, Chief Executive Officer, Civil Contractors Federation National

10 DAYS PAID FAMILY AND DOMESTIC VIOLENCE LEAVE BECOMES LAW

On 27 October 2022, paid Family and Domestic Violence Leave (FDVL) became law in Australia after the Federal Government passed the long fought-for Bill through the Parliament.

This workplace entitlement, which has become one of the National Employment Standards, begins from 1 February 2023 for all employees in Australia who work for larger companies, including casuals and part-time employees.

Small businesses will have an extra six months to adjust to the changes, meaning it which will come into effect for them from 1 August 2023.

The legislation will be reviewed in 12 months’ time, to make sure the entitlement is operating effectively.

What you need to know

Family and Domestic Violence means violent, threatening or other abusive behaviour by an employee’s close relative that:

¿ seeks to coerce or control the employee ¿ causes them harm or fear.

A close relative is:

¿ an employee’s spouse or former spouse ¿ de facto partner or former de facto partner ¿ child ¿ parent ¿ grandparent ¿ grandchild ¿ sibling.

In a recent survey on family and domestic violence, 30% of respondents reported that they had experienced domestic violence, and 5% of those respondents had experienced violence in the last 12 months. A 2021 study estimated that 27.5% of Australian women had experienced violence or emotional abuse by a current or previous partner.

Across Australia, police deal with an average of 240,000 domestic violence matters per year.

In NSW, “domestic assault” has risen from a rate of 257 per 100,000 people in 1995 to a rate of 400,000 incidents per 100,000 people in 2020.

Victims and the workplace

Family and domestic violence is an insidious social issue with far-reaching consequences for individuals and communities. Employment is a key pathway for people leaving a violent relationship. The financial security that employment affords to victims of abuse increases their ability to escape the violent relationships, to recover from the effects of the violence, and to care for their children.

The workplace can be the only place where the victim spends time physically away from the perpetrator, giving the victim space to reorganise their life.

Two-thirds of Australian women who reported violence by a current partner were in paid employment.

Nearly half of those who had experienced domestic violence reported that the violence affected their capacity to get to work, primarily due to injury or being restrained, followed by hiding keys and failure to care for children.

Negative effect on work performance was the main reported result, with 16% reporting being distracted, tired or unwell, 10% needing to take time off, and 7% being late for work.

This impacts not only productivity within a workplace but also absenteeism, staff turnover, recruitment and training.

Recently, Price Waterhouse Coopers estimated that the annual cost to the Australian economy of violence against women caused by a partner was $12.6 billion.

Previous data revealed that employers shouldered 6% of the total economic cost of violence against women in Australia, with the Commonwealth Government and the victim bearing respectively 26% and 31% of the cost.

By contrast to personal leave entitlement, FDVL can be used not only for medical and health related purposes, for example, appointments with a medical practitioner or counselling, but also to attend court and related appointments, seek legal advice and make relocation arrangements.

The real effect on businesses

The experience of Australian employers who have already implemented FDVL entitlements suggests the number of employees likely to apply for this leave is not significant. Telstra, for example, has stated that for the period November 2014, when they introduced their FDVL policy, to November 2015, 17 individuals (12 women and five men) across Australia had used the leave entitlements, taking a combined total of 45 days leave.

The provision of paid FDVL can benefit employers through higher retention rates, improved health outcomes for staff and higher staff morale.

Paid FDVL is designed to assist victims of domestic violence to remain in paid employment, support them through the process of escaping abusive entrapment in their relationships and to promote a financially secure environment for all employees in the workplace. This safe environment is a preventive measure, which is costeffective and can be delivered relatively easily. It also sends a strong message of cultural intolerance towards violence.

If you have an enquiry regarding entitlements to FDVL, please call the Compliance Support Unit on 9009 4000.

WORKERS COMPENSATION MADE EASY

STATE OF THE STATE LUNCHEON

For our second State of the State for the calendar year, 120-plus leaders in civil gathered at the dwelling of the State’s big decision makers – who were confronted with some hard-hitting realities about the state of our industry.

NSW Parliament House was the venue for our CCF NSW State of the State Luncheon on Wednesday, 26 October 2022. The sold-out event, which was attended by more than 120 leaders in the Civil industry, was a great chance to network over lunch and gain outstanding exposure to information that will be crucial for good decision-making.

A Fiery First Course

The venue was highly advantageous, being the workplace of our Keynote Speaker, the Hon. Rob Stokes, MP, NSW Minister for Infrastructure. Minister Stokes was very poised in taking some passionate questions (and statements) from Members on the floor. The first round called for changes to the NSW Government’s inexplicable position to deny relief for hyperinflation on select materials on contracts signed before 31 August and failure to guarantee relief for subcontractors now and in the future.

CCF NSW CEO David Castledine passionately made the point that the Government absolving itself of any costs carrying, and placing the entire burden on contractors was manifestly unfair. Sadly, in a letter received from the Minister in the days that followed the event, CCF NSW’s attempts to have the decision changed have been rejected.

After the bell on that round, the Minister heard an impassioned plea not to continue with the Government’s plan to introduce hard stretch-targets on female participation on civil projects.

Feedback given to the Minister was that the unintended consequence would be to draw women away from small and medium-sized businesses into just a few Tier 1s, thereby destroying inroads into improving diversity that so many small to medium-sized civil businesses in NSW have

already made. To the Minister’s great credit, he agreed to meet with CCF NSW to discuss this concern.

Dishing up the Data

The second speaker, Rowan Howarth, Director - Northern Rivers Infrastructure Coordination Office, gave a sobering and very detailed account of the magnitude of the required repairs to flood-hit infrastructure in the Northern Rivers region, and on the process being used to manage the required procurement activity. Rowan kindly agreed to share with us the data contained within his presentation, and you will find it on the following pages.

And finally, with the Federal Budget handed down the night before, Adrian Hart, Associate Director – Building and Construction at BIS Oxford Economics, gave a Budget overview and his take on what it means for the civil industry. Sorry, this session was Chatham House Rules, so we can never speak of what was unveiled…

Aside from taking away incredibly valuable insights, it was another amazing chance for our family of Members to get together over a sumptuous lunch.

A big thank-you to our wonderful Event Sponsors.

State of the State is a CCF NSW Member-only event. To become a Member and receive access to critical information, have the ear of the state’s key decision-makers in Civil, receive legal support and much more, head to ccfnsw.com to join now or call CCF NSW on (02) 9009 4000.

REGIONAL MEETINGS 2022

Round 1 of CCF NSW Regional Meetings began in Queanbeyan, where we saw a great turnout of Members to hear all the hot issues discussed on a chilly evening. We were joined by guest speaker Andrew Cartwright, Business Manager – Works at Goulburn Mulwaree Council, who delivered a highly engaging presentation.

In Orange on 3 August, our CCF NSW Family of Members enjoyed the opportunity to discuss local industry and community issues with guest speaker Phil Donato, MP – Member for Orange. Ian Greenham from Orange City Council shared council observations on tendering, and an update on major projects in the region.

On 9 August in Tamworth, Members from our North Western region had the opportunity to listen to Mark Gardiner, Senior Project Manager from Tamworth Regional Council, and were privy to an engaging presentation on current and future projects planned for the region.

In Wagga Wagga on 11 August, the wet weather did not stop lively discussion among our Riverina Members. Dr Joe Mc Girr, MP – Independent Member for Wagga Wagga provided a written update on a number of regional projects.

Week three found us beachside in Newcastle and Wollongong on 16 and 18 August. At our Hunter meeting, Peter Gesling from MidCoast Council shared an informative presentation on upcoming projects. For the Illawarra meeting, Paul Scully, MP – Member for Wollongong shared

the direction of projects that would shape the city’s future.

In Ballina, on 23 August, Rowan Howarth from the Northern Rivers Infrastructure Coordination Office outlined the planned way forward to rebuild local communities across the flood-ravaged region.

On 25 August, in Coffs Harbour, guest speaker Gurmesh Singh, MP - Member for Coffs Harbour spoke about the Korora section of the Coffs Harbour bypass work and the local floods’ impact. Finley Morrison from Coffs Harbour City Council presented a summary of council’s capital asset and commercial projects program.

We strongly encourage all our regional Members to attend our next round of meetings in February and March 2023.

ROWAN HOWARTH NORTHERN NSW INFRASTRUCTURE FLOOD RECOVERY PLAN

“This is a long-term effort and transformative program of work, and as a coordinating body, the NRRC is working with communities, councils, multiple government agencies, industry and stakeholders to prioritise, sequence and enable the significant reconstruction effort across the region.”

Initial focus and timeline

The Northern Rivers region of NSW is facing an unprecedented civil clean-up and infrastructure reconstruction effort following the devastating floods in February and March of 2022. Early estimates have the repair bill of public infrastructure tipping over $1.3 billion. Coordinating how that work is going to be contracted out is largely the task of the Northern Rivers Reconstruction Corporation (NRRC), which came into effect 1 July 2022.

A Director of the NRRC, Rowan Howarth, has been tasked with leading reconstruction activities for essential assets and infrastructure. It is a mammoth brief, so how does the NRRC plan to roll out the rebuild?

Rowan explained, “The NRRC was established to lead and coordinate reconstruction activities for essential assets and infrastructure, as well as housing in the Northern Rivers. It’s about setting priorities around what projects are needed first.

“It’s not just about rebuilding communities as they were before – it is making sure the community is thriving; building it stronger, better and more resilient than it was – and making sure we drive that rebuilding in the most efficient way we can.

The NRRC is still working on a resourcing and supply chain analysis. A working group has been set up and is structured to maximise cooperation with the agencies and councils involved in the rebuild.

“We now have a list of $5.4 billion of public infrastructure over three years, including all asset classes – transport, all the local government pipelines, health infrastructure, school infrastructure, all in the one space,” said Rowan.

“We’re set up under a three- to five-year horizon, with potential for this to extend out as the work program gets underway. Work is already underway and has been since the floods on 28 February 2022. Packages have been released and you’ll continue to see them being rolled out over the next 3 -5 years.”

Forecast reconstruction program for the Northern Rivers

The asset classes of the Regional Public Infrastructure Program being coordinated by the NRRC include roads, bridges and other transport, water and waste water, buildings. Many projects and contract sizes are between $100,000 –$500,000, with more substantial projects estimated up to $10 million. The volume and range of project sizes and values represent significant opportunities for contractors of all sizes.

Rowan Howarth, Director at the Northern Rivers Infrastructure Coordination Office, spoke at the State of the State on 26 October, and in more detail at our Flash Conference on 24 November. He shared the vision and mission of the authority tasked with the rebuild following the deadly floods, and what you need to know to help.

The flood recovery and reconstruction related infrastructure projects are being delivered in partnership with the seven Northern Rivers Councils – Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed Shire Council, Transport for NSW, Rous County Council, the EPA, NSW Public Works and Department of Communities and Justice.

Rowan added that it is important to note the NRRC is continuing to gather data from across the region. “The information outlined is a work-inprogress, reflecting only what has been captured and recorded to date,” he said. “We anticipate the picture will continue to evolve and we look forward to updating the CCF over the coming months.”

Procurement

The NRRC is not, Rowan points out, the procurement agency for the rebuild. Rather, they are tasked with bringing together coordinated procurement.

Many CCF NSW Members are willing to help with the rebuild – but one burning question is that of when we will see tenders to market.

“You’ll see tenders and procurement activities from the agencies that do them … by councils and state agencies. However, those packages may include other areas/assets that traditionally would not be in the individual agency or council,” said Rowan.

CCF NSW was keen to see the local region contractors locked into activity, to which Rowan responded, “Local contractors are critical, but because of the volume of work and time sensitivity of the projects we will need some out-of-region contractors to be involved.”

The NRRC is keen to engage with contractors and suppliers in our industry and harness expertise and insights to make the rebuild easier. CCF NSW will continue to keep Members advised of any definitive steps the NRRC takes to register employers.

“We are taking enquiries,” said Rowan. “I’d also encourage everyone, in the absence of the formal registration portal, to keep registering with the councils and agencies for pre-qualification.”

CCF NSW has passed on to Rowan that many civil contractors who are very competent contractors are not prequalified. Even for those that are, not all have done so for all the different agencies and each and every council. He made the point that the application process is very lengthy and reportedly getting longer. The concern is many contractors –particularly small to medium-sized businesses in regional NSW – may feel that, with no certainty of work, it is too late to embark on the pre-qual path.

We sincerely thank Rowan and the NRRC for their generosity in providing their time and information, and engaging with our civil community, who are eager to support this ravaged region.

Regional Break-up of Capital Works Programs – Council/Agency ($M)

Please note that these charts are a work-in-progress and are a status of the data captured and recorded to date only. The charts and the associated dollars/percentage break ups should not be shared outside of the NRRC. Caution should be exercised in relying on this information until the complete data capture has been confirmed.

Civil Flood Repair Works

Civil Flood Repair Works by Project Size

THE NEW IR LAWS AND CIVIL

MAJOR CHANGES TO IR LAW

The largest reform of Australian Industrial Relations law since Work Choices has been passed. What are some of the major changes impacting civil, and what did the CCF do for industry?

As we have previously reported, CCF NSW has been working with other CCF branches and the CCF National office to develop a response to the Federal Government’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act). As CCF NSW is the only CCF branch that has in-house Industrial Relations legal resources, we were able to provide significant support to the CCF’s advocacy position.

A detailed submission was made by the CCF on 11 November 2022 to the first draft of the Act and the Amendments released on 9 November. It can be found at the CCF National website, civilcontractors.com

The consequences of this Act to the civil infrastructure industry could be profound. Local, State and Federal economies rely very heavily on productive expenditure in the construction of the nation’s critical infrastructure – this Act risks worsening productivity, investment, and jobs. CCF, along with a great many peak industry bodies, argued that passing it into law should be delayed until the consequences could be fully explored.

A flurry of negotiations subsequently occurred between the Government and stakeholders – including independent Senators whose support was needed to overcome the Federal Opposition’s rejection of the Bill. Consequently, the Act was passed on 2 December by both Houses of the Federal Parliament. At time of writing, it awaits Assent, at which time it will be law.

A summary of some of CCF’s position and the final outcome follow.

1. MULTI-EMPLOYER BARGAINING

One of the most significant industrial changes in the Act is to allow protected industrial action to be taken in pursuit of multi-employer bargaining.

The provisions in the Act are designed to allow the unions to force a large number of competing, private sector businesses to become covered by multi-employer agreements. This would have a large, negative impact on productivity, investment and jobs.

CCF position:

The CCF’s fear was that the new provisions would assist unions to achieve industry-wide agreements by classic pattern bargaining, where a union reaches an agreement with some major companies, and then smaller employers –who do not have equal negotiating power – are encouraged to become covered by the same agreement.

The CCF opposed these amendments and argued that industrial action should not be permitted in negotiations for multi-enterprise agreements. Single-enterprise bargaining is vital to workplaces to determine the framework that best works to regulate working conditions and facilitate productivity overseen by the Fair Work Commission (FWC). Businesses and their workers who have already successfully negotiated single-enterprise agreements should continue to be able to do so.

Whilst the Bill provides an exclusion from multi-employer bargaining for small businesses (15 employees) CCF submitted that in the civil industry a small business should be defined on a large scale.

Outcome:

Most, but not all of civil has been excluded from multiemployer bargaining (see Point 2 below). Small businesses with fewer than 20 employees are excluded and businesses that have fewer than 50 employees would be able to exit multi-enterprise bargaining.

2. MUCH OF CIVIL CONSTRUCTION CARVED OUT OF MULTI-EMPLOYER BARGAINING

The draft Bill provided unions with the ability to sweep multiple employers in under a completely different employer’s Employment Agreement (for example, subcontractors where the Head Contractor has an EA). This could mean employers with effectively no union presence may well find themselves operating under a union EA.

CCF

position:

CCF strongly opposed these provisions. We argued that all work on civil related projects should be excluded from multi-employer bargaining as there was no reasonable explanation why civil construction work should not be excluded.

Outcome:

In a great result for the wider civil industry “civil” has been added to the exemption, and so most civil businesses may not be affected by multi-employer bargaining.

HOWEVER, “civil” is not defined using a common definition, but rather is defined using clause 4.3(b) of the Building & Construction General On-site Award 2010 with some

limitations. The following key area will not be exempt, meaning multi-employer bargain will be possible in this work:

¿ the Asphalt Industry Award has expressly been excluded; and

¿ the construction, repair, maintenance or demolition of power houses or other structures that use eligible renewable energy sources (within the meaning of section 17 of the Renewable Energy (Electricity) Act 2000) to generate electricity is excluded, even though all such work is covered by 4.3(b).

3. A UNION CAN FORCE AN EMPLOYER TO BARGAIN FOR A REPLACEMENT EA BY MAKING A WRITTEN REQUEST TO THE EMPLOYER.

Under the Bill’s provisions, a union was able to make a written request to an employer to bargain, and if the employer agreed to bargain, bargaining would formally commence. If the employer refused to bargain, the union would need to apply to the FWC for a majority support determination. Under the Act it is not necessary for a union to obtain the agreement of the employees to bargain or to obtain a majority support determination from the FWC.

CCF position:

CCF opposed this provision as it was considered grossly unfair and inappropriate, especially in circumstances when both the employer and the majority of its employees do not wish to bargain.

Outcome:

It has become the law, with some limitations. Changes were made to the threshold for involvement of the FWC, and increase the FWC’s power in arbitrating bargaining disputes.

4. ABOLITION OF THE AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION (ABCC)

The civil industry operates business in a space with Australia’s most militant union and Australia’s most recidivist cooperate entity - the CFMMEU. As prior law enforcement options proved ineffective, the ABCC was created to control this entity.

CCF position:

As the Government proposed to transfer the ABCC functions to the Fair Work Ombudsman (FWO), CCF expressed deep concern that the abolishment of the ABCC would have a significant negative impact on our industry without a “like replacement”. CCF submitted that, in this case, the FWO should receive the same funding as the ABCC was receiving, with all resources to be relocated from the ABCC to the FWO.

CCF also opposed the repeal of the Building Code 2016 and Building & Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) which provide higher penalties than those in the FWA for unions who engage in unlawful industrial action and breaches of right of entry laws.

Outcome:

The ABCC functions were transferred to the FWO. The Building Code 2016 and the BCIIP Act have been repealed (cancelled). The recent Federal Budget did not provide the FWC with the budget of the ABCC.

The newly created National Construction Industry Forum is to provide advice to Government on measures that will ensure construction contractors are paid accurately and in a timely manner.

5. ANTI-DISCRIMINATION AND THE PROHIBITION AGAINST SEXUAL HARASSMENT

The Bill proposed to align the Fair Work Act (FWA) with other anti-discrimination legislation by including protection against discrimination on the basis of breastfeeding, gender identity and intersex status as protected attributes.

Amendments were proposed to include Part 3-5A in the FWA to expressly prohibit sexual harassment in connection with work.

CCF position and the Outcome: CCF supported, in principle, these provisions, and it is now the law

6. ENTERPRISE AGREEMENT APPROVAL AND BETTER OFF OVERALL TEST (BOOT)

The Act will simplify both the enterprise agreement approval requirements by implementing a principles-based approach and the Better Off Overall Test BOOT as a global assessment.

CCF position and the Outcome: CCF supported, in principle, these provisions and it is now the law

7. OTHER ELEMENTS OF RELEVANCE

¿ The objects of the Fair Work Act (FWA) and Modern Awards will be amended to include the right to secure work and greater gender equity in the workplace.

¿ The offering of fixed-term contracts will be limited in 2023 and beyond to circumstances where the period of engagement is less than two years.

¿ Employees will be able to request flexible work arrangements in a wider range of circumstances, including on the grounds of family and domestic violence.

¿ Pay secrecy clauses, which prevent employees from discussing pay in employment contracts, will be prohibited. Employees now have a positive right to disclose (or not disclose) information about their remuneration to any other person. Existing secrecy clauses will be rendered invalid.

CCF NSW will continue to update you on this important issue. If you have any questions, please call our Compliance Support Unit on 9009 4000.

TRAFFIC MANAGEMENT – THE RULES

Don’t take a detour on safety when it comes to managing traffic on civil work sites. CCF NSW walks you through the rules and all the legislation, standards and guides you need to help you protect road workers and road users during construction and maintenance.

Under the Work Health and Safety Regulations (NSW) 2017, employers have obligations to ensure a safe workplace. When it comes to working on public roads, footpaths, road verges, bicycle paths and other civil work sites where traffic needs controlling, these include:

¿ preventing injury to workers due to vehicle hazards within the work site;

¿ protecting workers from oncoming or passing traffic; and

¿ protecting road users from hazards within the work site.

What is Temporary Traffic Management?

The purpose of temporary traffic management is to create a safe work area when construction, maintenance and other activities are being done on or near a road. It controls traffic movement through or past a work site, to achieve safety and reduce inconvenience for both road workers and road users.

Temporary traffic management practices in New South Wales need to be conducted in accordance with:

¿ Road Transport Act (NSW) 2013 No. 18

¿ AS 1742.3:2019 Manual of uniform traffic control devices, Part 3 - Traffic control for works on roads

¿ Transport for NSW - Traffic control at work sites, Technical Manual, Version 6.1 2022

¿ Transport for NSW - G10 Traffic Management –Edition 7 / Revision 5, August 2020

¿ Austroads Guide to Temporary Traffic Management

Conduct a Risk Assessment

Temporary traffic management commonly uses traffic control devices, such as signs and traffic signals, however, before you start ordering any traffic control devices, you should do a risk assessment to ensure your methods of reducing risk for your workers and others are the right ones.

Consider the following factors in your risk assessment:

¿ scope and duration of the project, ¿ site layout, and specific hazards within the work site, such as excavations, ¿ traffic density, flow and speed, ¿ time required to perform activities, ¿ time of day when tasks are to be performed, ¿ pedestrian movement, ¿ environmental factors such as wet conditions or poor visibility,

¿ risks associated with plant and equipment, ¿ experience and training of workers, ¿ alternate routes available for road users and pedestrians, should a road or footpath be partially or fully closed.

For guidance on doing a risk assessment, see the NSW Code of Practice How to manage work health and safety risks (August 2019), at safework.nsw.gov.au

Implement Control Measures

You must use the hierarchy of control, so far as reasonably practicable, to work out the best control measures for your work site.

Use the highest-ranked control that is practical for

controlling the risks to the health and safety of your workers and others. Only use lower-ranked controls as a last resort or until a more effective way of controlling risk can be used.

Sometimes using more than one control measure could be the most effective way to reduce the exposure to hazards.

Hierarchy of Controls

Elimination: close the roads.

Substitution: program the work to be conducted when there is no risk or significantly less risk present.

Isolation: use approved temporary safety barriers to isolate workers and work activities from road users.

Engineering controls: use signs such as ‘workers ahead’ and cones, bollards, delineators and barrier boards.

Administrative controls: implement safe work practices; provide your workers with training, instruction and information so they can do their

work near traffic safely.

Personal protective and safety equipment: make sure your workers wear high visibility garments when working near moving traffic or plant. These garments should meet the requirements of AS/ NZS 4602.1:2011: High visibility safety garments –garments for high-risk applications.

Regular Review

¿ Top Tip: Document all reviews you undertake.

Due to the nature of civil works and changing risks, it is important to regularly review your temporary traffic management plan, and update when needed. This will ensure you continue to effectively control the risks to the health and safety of your workers and others.

For further advice, please call the CCF NSW Compliance Support Unit on (02) 9009 4000.

YOUR RECRUITMENT PARTNER

CGC Recruitment is the connection between great engineering projects and the people who make them happen. We place top talent in construction and engineering roles and recruit for Tier 1, Tier 2 and Mid-Tier civil contractors specifically focusing on Rail, Road, and Utility infrastructure projects throughout NSW. We are currently recruiting Project Managers, Construction Managers, Engineers, Estimators, and Commercial & Contract Managers working on Sydney Metro, West Sydney Airport, West Connex and other Major Road Tunnelling and Utility projects.

If you are looking for support and insights on how to recruit for your civil projects please reach out to Dan Kundi, Associate Director - Civil Construction, for a confidential discussion on 02 924 77251 or email: Daniel.kundi@cgcrecruitment.com or go to: www.cgcrecruitment.com

YOU’RE IN GOOD HANDS

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2022 CCF NSW PEOPLE AWARDS

PRESIDENT’S GALA BALL

The Roaring Twenties theme made for a glittering night of retro glamour on Friday, 11 November, as we gathered for the first time in two years to recognise and reward individual excellence in the state’s civil construction industry… then let the feathers fly on the dancefloor.

The CCF NSW People Awards and President’s Gala Ball took place on Friday, 11 November 2022 at the Royal Randwick Racecourse Winx Pavilion, and what a classy, sequin-studded night of celebration it was!

Our most prestigious annual event (alongside Earth Awards) had been on a COVID-induced hiatus since 2019, so it was wonderful to welcome 415 Members, their staff and guests to come together for this black-tie-and-gown event to recognise individual excellence in the NSW civil construction industry.

All awards other than the President’s Award – which is for outstanding work and support of the CCF NSW’s mission and values – are judged externally by experts in their respective categories.

With this year’s theme The Roaring Twenties, guests sashayed into pre-drinks draped in sparkling gowns, some in feathered flapper-style headpieces, while others were dapper in tuxes, vests, bowties or 1920s gangster chic. Charlie Chaplin waddled about entertaining the crowd as other guests took up photo opportunities with a 1920s vintage vehicle outside the red carpet.

Inside the grand ballroom, decked out in Art Deco

splendour, a highenergy troupe of dancers and the fabulous Baker Boys Band kept the dancefloor packed in between the Awards presentation, and a sumptuous threecourse banquet kept guests well fed.

We acknowledged the fact that our event fell on Remembrance Day, welcoming Mike Sterling, President of the Coogee Randwick Clovelly RSL Sub-branch, to deliver the Ode of Remembrance.

Congratulations to the 16 Award winners, the runners-up, and to our record 117 finalists for your hard work and the invaluable contribution you make to our great industry.

The CCF NSW would like to thank all the employers who nominated their staff for Awards; all the Judges of the Awards; the Sponsors of the event, and their representatives who came up on stage to present the Awards.

In the pages that follow we feature the Winners, Runners-Up and Finalists of the 2022 CCF NSW People Awards.

2022 CCF NSW PEOPLE AWARDS

PRESIDENT’S AWARD

WINNER:

Asha Russell – Sage Civil

The CCF NSW President’s Award recognises a person employed by a CCF NSW Member who has displayed extraordinary support of CCF NSW, of the work it does, and of the values we espouse. It is announced on the night without the knowledge of the recipient.

This year’s Award winner, Asha Russell of Sage Civil, represents a great example of what Membership of CCF NSW is truly about. The businesswoman and mentor is passionate, committed and supportive of our aim to recruit more women into civil against the backdrop of an industry experiencing critical staff shortages.

She has continuously supported the day-today operations of the CCF NSW Women in Civil program launched in 2017. She has over several years given her time to be a CCF NSW mentor to young women in the industry and has been a strong advocate to promote the program and its merits across other companies, Government agencies, and their own staff.

In announcing the Award, CCF NSW President Lee Fahey said, “But her efforts do not stop there, for she has, quite literally, put her money where her beliefs are. If anyone has seen the bright pinkpainted machines with the CCF NSW Women in Civil logo emblazoned on them, you will know [Asha] believes in what CCF NSW is trying to do, and is willing to help.”

Asha told CCF NSW, “While Lee was talking about the person who was receiving this award and the work they do for the future of our industry, it suddenly dawned on me they were talking about me! I think the pink dozer comment gave it away. Thank you, CCF NSW, for the acknowledgement. It is the pinnacle of my career to date.”

PRESIDENT’S GALA BALL

WOMEN IN CIVIL CONTRACTING AWARD

ABORIGINAL EMPLOYEE OF THE YEAR

PERSON OF THE

How are successful companies managing the

skills shortage?

The Institute of Civil Infrastructure (ICI) has been created by CCF to give you the tools to attract, retain and build staff. As an organisation that is run by the industry, for the industry, ICI knows you need simple, effective solutions for continuous professional development. That’s why we created the ICI Online Employer Portal.

Advantages of the ICI Online Employer Portal:

1

Remove administration. Your team’s details will be on hand, including reporting and upcoming bookings.

Intuitive to use. You can book courses online, and view the upcoming calendar, giving you all the info you need.

Pre-plan your annual budget for Learning and Development Simplifies paperwork, as expenditure is pre-approved Signifies to your team a long-term investment in their career

The ICI team is on hand to provide advice and support –ensuring your team attends the course that is right for them.

Train when it rains. Use weather events (or any downtime) effectively and make sure your team is productive.

Access courses running today - great for when the job site is washed out Access your team’s course information - both upcoming and completed Guide your team with course selection - great for performance review conversations

Review your team Members’ Continual Professional Development points for post-nominals

Low investment amount required to give you access

To learn how to simplify your team’s continuous professional development call ICI on 1300 424 287

Here at CCF NSW, we take protecting our family of Members seriously. One of the ways we help protect your business is by supporting you in meeting your compliance obligations. We provide templates that make running your business in compliance with NSW regulations simple. CCF’s civil contracting industry pro-forma materials are specifically designed by our industry for the industry. Here are a few we have available.

Plant Hire Docket book

Keep track of the use of hired plant with CCF’s Plant Hire Docket Book. It contains 50 copies of a counter-signed document, so both parties can sign the docket and each keep a receipt, while the original stays on file. It’s a small price to pay for the comfort knowing both parties are on the same wavelength.

$16.50 (inc GST) for Members

$27.50 (inc GST) for non-Members

Minor Contract book

This 25-page Minor Contract book is designed to provide our Members with a convenient template for minor construction work, and to take some of the administration out of contract writing. It is

¿ designed for projects involving building or civil construction works;

¿ creates a legally binding agreement between a principal and a contractor;

¿ reduces the chance of disputes, as the contract makes both parties aware of their obligations;

¿ allocates construction-specific risks and liabilities between the parties.

The template outlines the key commercial and legal terms of the arrangement between the parties, including cost, time, quality-related matters, specifications and scope of work for the project.

$88 (inc GST) for Members $132 (inc GST) for non-Members

Plant Daily Inspection Fault Report book

This best-seller provides an ideal format for ensuring daily safety checks are completed, and forms the basis of a plant maintenance procedure. Contains 30 contracts per book.

$16.50 (inc GST) for Members

$27.50 (inc GST) for non-Members

To order any of these items, call 9009 4000 or email ccfnsw@ccfnsw.com

2022 CCF NSW PEOPLE AWARDS

CIVIL CONTRACTING SITE HAND OF THE YEAR

Awarded to an individual employed in a Civil Contracting Site Hand role who has displayed excellence in undertaking their duties.

WINNER: James Perkovski – MOITS

FINALISTS: Mattia Illaria – MOITS, Chloe Broker –Abergeldie Contractors, Sean Graham – MGP Civil Contractors

Judged by Stuart Ford – Former Vice President of CCF NSW

ENGINEER OF THE

YEAR: CONTRACTS UNDER $2M

Awarded to an exceptional individual employed in the role of Engineer, who has demonstrated excellence in their role

WINNER: Andrew Moussa – Abergeldie Contractors

FINALISTS: Hisham

Tarish - Perfect Contracting, Jarrod Street – MGP Civil Contractors, Mustapha – MOITS, Obakore Akponah – MOITS

Judged by Jeff McCarthy – Former Executive of RMS and Water NSW; and Joe Cato – Former President of CCF NSW

PLANT OPERATOR OF THE

YEAR

Awarded to an individual who takes exceptional care in safety, including plant maintenance, who demonstrates effective teamwork and shows awareness of social and environmental issues in their role as Plant Operator.

WINNER: Graham Donnelly – Daracon Group

RUNNER-UP: Tim Lauschet – MOITS

FINALISTS: Sergio Rodrigues – Perfect Contracting, Leigh Cochrane – Cherrie Civil, Suzie Reid – Abergeldie Contractors, Arthur Dimitrakpoulos – Eather Group, Barry Salmon

PRESIDENT’S GALA BALL

INSTITUTE OF CIVIL INFRASTRUCTURE CONTINUAL PROFESSIONAL DEVELOPMENT EXCELLENCE AWARD

Awarded to an individual who exemplifies commitment to their continuing professional development in the civil industry.

WINNER: Daniel Mezger – Cherrie Civil Engineering

WINNER: Leo Wu – Haslin Constructions

FINALISTS: Brad Unabia – Haslin Constructions, Clare English – Haslin Constructions, Lachlan Bevan – Haslin Constructions, Matt Piras – Haslin Constructions, Morgan Lee – Haslin Constructions, Vitor Reis – Haslin Constructions, Daniel Turner – Select Civil, Nicole Van Den Berg – RD MillerDianne Jones – Eather Group, Natashia Bennet – RD Miller.

Judged by Richard Pottie – Inaugural Member of ICI Grading Standards Committee

PROJECT MANAGER OF

THE YEAR

Awarded to an exceptional individual employed in the field of Project Management, who has demonstrated excellence in their role.

WINNER: Gareth Davie – Georgiou Group

RUNNER-UP: Gregoire Germain – Bouygues

FINALISTS: Damian McConville – BMD, Thomas Petit – Bouygues, James Haisman – Interflow, Brad Unabia – Haslin Constructions, Devek Naidu – Abergeldie Contractors, Matthew Whyte – Abergeldie Contractors, Aleksander Trajcevski – MOITS.

Judged by Doug Cowan – Director, D&R Cowan

2022 CCF NSW PEOPLE AWARDS

SAFETY CHAMPION CATEGORY 1: SAFETY OFFICER AWARD

Awarded to a Safety Officer who has had an exceptional impact in improving health and safety at work.

WINNER: Nicole Manuel - Sage Civil Australia

FINALISTS: Brad Lewis – BMD, Jayson Withers – Georgiou Group, Greg Stewart - Seymour Whyte, Clare English – Haslin Constructions, Rebecca O’Meley – Maxibor Australia

Judged by Meagan McCool – Director, Construction Services Group Metropolitan, SafeWork NSW

CIVIL VET PARTICIPANT OF THE YEAR 2021

Awarded to an individual who has excelled in completing their Certificate II, III or IV Civil Construction related course in the year

WINNER: Dylan Brown (Cert. III Civil Construction Pipe Laying) –Service Stream

Judged by TAFE NSW

SAFETY CHAMPION CATEGORY 2: INDIVIDUAL AWARD

Awarded to an employee who has shown an outstanding commitment, beyond normal responsibilities, to improving health and safety at their workplace.

WINNER: Edward Farrel – Abergeldie Contractors

FINALISTS: Bavan Ganesmoorthy – BMD, Lachlan Bevan – Haslin Constructions

Judged by Meagan McCool – Director, Construction Services Group Metropolitan, SafeWork NSW

CIVIL VET PARTICIPANT OF THE YEAR

2022

Awarded to an individual who has excelled in completing their Certificate II, III or IV Civil Construction related course in the year

WINNER: Kaine Lynch (Cert. III Civil Construction, General) – TRN Group

Judged by TAFE NSW

PRESIDENT’S GALA BALL

SITE SUPERVISOR OF THE YEAR: CONTRACTS UNDER $2 MILLION

Awarded to an exceptional individual employed as a Supervisor of contracts under $2 million who has demonstrated great excellence or significant achievement in their role, supporting their organisation’s overall goals and objectives.

WINNER: Hayden Jones, Eather Group

RUNNER-UP: Cameron Graham – Abergeldie Contractors

FINALISTS: Chris White – Ladex Construction, Aaron Lawes – MGP Civil, Jackson Eather – MGP Civil, John Gold – MGP Civil, Vince Coppa – MGP Civil, Troy Anderson – MGP Civil, John Vatos – Civilcraft, Raymond Hollis – Waeger Constructions

Judged by Jeff McCarthy – Former Executive of RMS and Water NSW; and Stuart Ford – Former Vice President of CCF NSW

SITE SUPERVISOR OF THE YEAR: CONTRACTS OVER $2 MILLION

Awarded to an exceptional individual employed as a Supervisor of contracts over $2 million who has demonstrated great excellence or significant achievement in their role, supporting their organisations overall goals and objectives.

WINNER: Matthew Gaiter, BMD Group

RUNNER-UP: Jeff ParishHaslin Constructions

FINALISTS: Tony Henwood – Sage Civil, Matthew Gaiter – BMD, Mousthapha Merhi – Perfect Contracting, John Gold – MGP Civil, Darryl Fletcher – Bouygues, Jurrie Potgieter – Bouygues, Chris Grant – Interflow, Luke Wales – Interflow, Jamie Dann – Waeger Constructions, Sjoel Hughes – MOITS, Brett Pullin – MOITS, Jeff Parish – Haslin, Tony Bloomfield – Haslin, Shane Hutchinson – Abergeldie Contractors, Simon Vredegoor – Eather Group

Judged by Jeff McCarthy – Former Executive of RMS and Water NSW; and Stuart Ford – Former Vice President of CCF NSW

Procurement to Achieve a Sustainable, Viable NSW Civil Construction Industry

The CCF NSW 2022 Procurement Conference had an eye toward the coming NSW election, and again featured a stellar line-up of speakers. It proved an outstanding opportunity for learning, ideas exchange, and all-important networking for industry leaders.

The CCF NSW 2022 Procurement Conference was held at the Hyatt Regency Sydney on 28 July, as CCF NSW danced nimbly through COVID spikes.

The day’s keynote address was delivered by the Hon. Rob Stokes, MP, NSW Minister for Infrastructure, Cities and Active Transport.

After an introduction from CCF NSW CEO David Castledine, Minister Stokes spoke very highly about the advocacy of the CCF NSW, saying, “Let me assure you that what CCF does in its advocacy for your industry is extremely good. I see a lot of advocacy bodies, a lot, and [CCF NSW] is at the very top of that list. They explain things well and bring solutions that are evidence-based and socialised within industry. And I can assure you, no-one in Parliament House is left wondering what David’s view is on something. That’s very good. Frustrating – but very good.”

The Minister spoke about the NSW Government’s intentions for reforms to procurement in civil infrastructure in the final months prior to the election. Specifically, he talked to the importance of better utilising Tier 2 and below companies to construct more sustainability within the industry. His speech, delivered as per usual without notes, spoke of the importance of civil to “the three Ps: Prosperity, People and Productivity”.

To balance out the political narrative, we later heard from John Graham, MLC, Shadow NSW Minister for Roads, who presented Labor’s vision and intentions for procurement of infrastructure in NSW. Mr Graham made it clear an ALP Government would “be for business” and that the civil industry was going to continue to be very important for the economy of the State should the ALP form Government in 2023.

Moving from the political to governance, Simon Draper, CEO of Infrastructure NSW, delivered the Government’s 2022 update to the 20-year State Infrastructure Strategy. As INSW is also charged with facilitating much of the allagency, NSW-wide infrastructure procurement reform, he provided an update on those reforms.

CCF NSW CEO David Castledine offered the industry perspective on the recently released 2022-23 NSW Budget and updated all on CCF NSW’s advocacy on the important issues impacting civil.

We then moved from governance to delivery. We had sessions from Transport for NSW leaders Pamela Henderson, Executive Director, and Camilla Drover, Deputy Secretary for Infrastructure and Place. Ms Henderson provided insight into the performance measures that are being considered to embed environmental sustainability into TfNSW’s infrastructure procurement, and the importance of industry working with TfNSW to achieve transitioning to decarbonisation and a circular economy. Ms Drover explained how TfNSW is helping industry to make it more sustainable and resilient.

To finish the day, we heard from contractors on the most topical of subjects – the impact of cost escalation on supply chain and labour costs. A panel of contractors comprising Mick Boyle (Abergeldie Complex infrastructure), Gladys Woods (Haslin Constructions), Rob Monaci (Georgiou Group) and John Vida (BMD) was umpired facilitated by David Castledine.

In what was an absolutely fascinating exchange between some truly bright and experienced contractor minds, the panel discussed hyper-escalation. Specifically, they covered off on the magnitude (remember, this was in July!), the delayed impact it would have on the industry down the chain, and the strategies that can be used to manage it. They laid out the pain (lots of head-nodding in the room) and even allowed David to tease out the three secret takeaways contractors should deploy to protect their business (sorry…you had to be there!).

It was a fascinating, informative and thought-provoking day with illuminating presentations and challenging audience participation. We thank all our presenters and attendees on the day and a big thank you to our event sponsors

Thank you to our Sponsors

CLASS OF 2022 WOMEN IN CIVIL MENTEES GRADUATE!

The CCF NSW 2022 Women in Civil Mentoring Program has concluded, with 20 Mentees Graduating from our fifth-year class. And what a spot to do it – overlooking Bondi Beach.

CCF NSW’s Women in Civil (WiC) Program commenced in 2017. Its goal is very clear – to encourage more women to join and remain in the civil construction industry.

The Program was constructed by women in the industry, some from outside who had been involved in similar reforms, and employers. The message we received is that to encourage women to remain, we should create a community of connected women… women who enjoy being in the industry but confront significant challenges of being in a male-dominated industry.

The Mentee Program is one of the elements we use to facilitate this community, and it’s a cracker. Formal in nature, CCF NSW matches mentees with mentors based on the mentee’s skills, experience, goals and preferences. Training and goal-setting occurs at the induction Class, then meetings occur monthly. Normally nine months in duration, 2022 was cut a little short due to COVID.

Making Waves for Women

Among the Class of 2022 graduating we had Site Hands, Leading Hands, Engineers, Project Managers and Business Owners. This diverse group reflected what the Mentoring element of our Women in Civil Program is all about – supporting ALL women at ANY level in the civil industry.

The Blue Room Bondi, with its grand views overlooking the world-famous beach, was where we watched our 20 Women in Civil Mentees graduate as the Class of 2022. It was a truly magical day, even if some were absent due to the latest COVID outbreak.

Grace McGlinchey, a Project Administrator from Coastwide Civil who was interviewed with two other Mentees during the obligatory ‘Reflection Panel’, summed it up pretty well. “…The Women in Civil program is a great experience, and I am very thankful that Coastwide Civil threw me in and got me involved in the program! Meeting new people in similar fields is always great!”

We now have an alumnus of 100-plus pairs, but it is so important that our Mentees do not stop there. As Kim Liddell, Vice President of CCF NSW and Chair of the WiC Sub-Committee, says: “This is not the end of your journey in our CCF NSW Women in Civil community, it is the beginning. Stay connected. Use the strength and support that is so obviously present in this room to enhance your career in civil.”

Go, Regional NSW!

As the Program only has two face-to-face sessions (induction and graduation), it is very well set up to support regional women. This year we were thrilled to be able to welcome Kerin O’Connor (O’Connor Earthmoving – Riverina), Kylie Hinton (Divalls – South East) and Grace McGlinchey, who we mentioned above.

The Graduation Day is above all a celebration of achievement, but also about networking. After the Graduation Certificates were issued, the group settled down to lunch and a little learn and development from the team at Henry Clive…on how to make mocktails.

A super thank-you to all the Mentors, who so selflessly give their time to their Mentees. And a big shout-out to the employers championing women in the civil industry – you are demonstrating what the term ‘employer of choice’ is all about.

Be an Employer of Choice for Women!

Nominate for 2023 CCF NSW Women in Civil Mentoring! The Commencement Class occurs on 8 March 2023. The Classes are FREE for CCF NSW Contractor Members. To learn more, please email womenincivil@ccfnsw.com

The people of NSW will head to the polls on 25 March 2023. As your voice, we are advocating for reforms to create a sustainable, viable NSW civil construction industry. Not just for a few… but for all. And, while we are having some major successes, there remains much to do to achieve this vision.

Without reform by the NSW Government, the structure of the entire NSW civil infrastructure industry will be altered. This will have major ramifications for its largest user – the NSW Government.

Uncorrected, NSW will soon have a civil industry of just international Tier 1 civil contractors and labour and plant hire companies. The Tier 2 and 3 contractors that currently form the backbone of the workforce and capability of the NSW civil industry will be forced out.

This is not a model for a sustainable, viable NSW civil construction industry, the data inextricably points to this collapse happening extremely quickly – perhaps within five years. The once highly competitive industry will be a thing of the past.

The Civil Industry is in Trouble

A decade of unprecedented NSW Government project announcements seemingly places the NSW civil infrastructure industry at an all-time high, however, the reality is quite different.

In the four-year period FY18 to FY21, the dollar value of new NSW Government infrastructure contract commencements did not increase to match these announcements. Rather, it dropped1 by 39% across all NSW Government; with Transport for NSW dropping by 60%.

The restriction of the pipeline naturally flows through to work volumes. For the second year in a row, actual work done in the industry dropped in FY21, a significant 4.3% against a forecast growth of 11.5%2

But it is not only the volume of new work that has reduced; the very size of the contracts being released has significantly altered, and this is consequently reshaping the structure of the industry:

¿ In the seven years from FY15 to FY21, contracts commenced under $500m have reduced in Transport for NSW by 58% – for projects under $100m, by 62%.

¿ The only sector of the industry to receive any growth from Transport for NSW in the period were the mega-companies; their share of new commencements rose from 20% FY15 to 40% FY18 and remains at 35% in FY21.

Tier 2 companies and below were effectively, and rapidly, being left out of NSW Government contracts in favour of mega-projects by mega-companies.

Let’s be frank – these problems did not happen as a result of the last couple of years. They were not caused by mice plagues, LGAs of concern, Trump, war, COVID, or even Tik-Tok.

Our data is absolutely clear and shows that these problems were happening before 2015. Indeed, when most industry bodies were getting very excited in August 2011 about a civil construction boom coming, CCF NSW was advocating in the trenches for NSW Government procurement reform to make the most of that boom.

A Dozen Do’s

So, we listened to our family of Members, and took from them the solutions that they believed would work. We released A Dozen Do’s to Create a Sustainable, Viable NSW Civil Construction Industry in March 2022 – exactly 12 months out from the NSW election. You can find it on the home page of our website ccfnsw.com.

These 12 recommendations map the reforms industry believe are needed and most importantly they reflect the diverse industry civil is. While surprising to some, there are civil contractors not just

No-one can blame COVID, Floods, War, or Workforce Capacity

The harsh reality is that these problems are occurring because of the way the NSW Government has chosen to procure from the civil industry.

in Barangaroo but also Bermagui, Broken Hill and Ballina. All parts of our industry deserve their voice to be included.

And the good news is… your voice is making a difference!

The NSW Government’s recently released State Infrastructure Strategy acknowledged that procurement needed to shift from mega projects to Tier 2 and below contractors. That it needed to adjust its procurement practices to construct a sustainable NSW civil construction industry (sound familiar?).

And Ministers have been telling us in our meetings with them that, with our abundance of evidence, they now understand the problem and are pushing for more work to be released, and more work to go to smaller, local, contractors.

We are seeing the advocacy pay off.

And the Baker’s Dozen: Hyper-Escalation

When the CCF NSW released A Dozen Do’s in March 2022, ‘hyperescalation’ of key input supplies was not a sentence.

Fuel and steel are examples of inputs that have seen huge increases which were impossible to foresee. And that’s why we have been strongly advocating for the Baker’s Dozen Do’s for the NSW Government to support industry by granting price relief to contracts on these select hyper-inflation items.

A number of other States and their infrastructure agencies have been supportive of their industries by granting cost escalation on such key inputs. In our advocacy to the NSW Government (the selfproclaimed Infrastructure Government), we referred and relied on the NSW Government’s 10 Point Action Plan released in 2018… its ‘Commitment to the Construction Sector’.

In that ‘Commitment’ they state: “The Government aims to be a ‘best in class’ client for the construction industry and its suppliers” and in Commitment Number 2 they commit to “Adopt partnership-based approaches to risk allocation” that “Recognise that not all risks are capable of being fully assessed, priced, or managed or absorbed by the private sector, and that such risks must be managed collaboratively…”.

However, when the industry needed them, the NSW

Government baulked.

On 2 September they announced there would be no hyperescalation relief for any contract signed before 31 August 2022 (ie, the period support was most needed). Rather, when the going got tough, the NSW Government cast aside its Commitment and threw the burden of carrying the cost for hyperescalation onto contractors. At time of writing, the ALP has been silent on this issue.

This is not “best in class” client behaviour. This is not a “partnership-based approach to risk allocation”. Rest assured; we will keep fearlessly representing your concerns.

And on a Positive Note...

CCF NSW put a BIG stake in the ground in when it declared in its Dozen Do’s a vision of gender equality in civil roles – a 50/50 gender split – by 2050. And to make it happen we were prepared to invest 20% of our revenue each year.

We were the first construction industry body to set such a vision and make such a huge commitment.

Good things happen when a great vision is set.

Our first touchstone on that path was 15% females by 2030, and we were delighted when the NSW Government announced in June that 15by30 was its vision for the entire construction industry.

The CCF NSW believes 50by50 can be achieved without forcing anyone to do anything they are not comfortable doing. We do not believe in contractually imposed stretch targets for female participation, because that is implicitly telling people how to think, will put a price on the head of women, and will be counter-productive to cultural change. P.S. This is what the women in our family of Members have been telling us.

Rather, we believe in champions. An increasing number of smart businesses have already figured out how women are a very able resource and that there are enormous benefits in accessing this underutilised resource. CCF NSW is all about facilitating these businesses for, in this highly competitive industry, they will lead the way.

“

An increasing number of smart businesses have already figured out how women are a very able resource.”

NEW MEMBERS

WELCOME TO THE CCF NSW FAMILY

Apprenticeship Careers Australia

Apprenticeship Careers Australia is Australia’s leading employer of apprentices and trainees. We have successfully placed over 5000 since 2011. As a division of Business Australia (Business NSW), we provide a cost-effective solution for recruiting and mentoring apprentices and trainees across Civil and Infrastructure projects in all states.

Civil Sydney

Over 25 years Civil Sydney Pty Ltd has established itself as a specialist piling contractor in NSW. We own and maintain a substantial fleet of piling equipment and are proficient in a wide range of techniques including driven, bored, sheet and CFA piling. We also offer design, certification and testing.

DARA Contractors

DARA Contractors specialises in ground engineering works. We provide high-quality solutions to the construction industry for all types of projects. From shoring, piling, ground improvement, and design and construct value engineering projects to project management, DARA has the knowledge and leadership to exceed our clients’ expectations.

Demand Plumbing & Civil

Demand Plumbing & Civil offers a comprehensive range of plumbing and excavation services for residential and commercial works. We are a fully licensed and insured owner-operated business based in Sydney’s Hills District, specialising in all aspects of plumbing, excavation, earthworks and land management services.

Garde Services

Garde is Australia’s leading cable installation specialist and Level One ASP accredited provider for the electrical industry. Garde’s capability encompasses open trenches, tunnel systems, submarines, pit and duct arrangements, substations and power stations. Garde also covers all civil and mechanical work related to cable installation.

Global Compliance Certification (GCC)

Global Compliance Certification (GCC) is a leading Australian independent certification body for quality, safety, environment, information security, food safety, and other management systems accredited by JAS-ANZ (Joint Accreditation System of Australia and New Zealand). We are a professional company backed by a team of trained, quality-conscious experienced auditors and technical experts.

Hamcon Civil

Hamcon Civil delivers civil projects in regional centres. Their range of equipment includes articulated dump trucks, backhoe, bobcats, smooth drum roller, graders, bulldozers, Hydrostatic roller, excavator, trucks and Low Loaders.

JLE

JLE Group is a specialist electrical contractor providing electrical construction, engineering and design, mining, tunnelling and utility services. JLE is an accredited Level 1 ASP service provider, including Level 3 design services, level 2 works and level 1 works. JLE’s team of highly skilled tradesmen ensure projects are completed to the highest professional standard.

Landscape Solutions

Landscape Solutions is a team of over 600 professionals spread across Australia and New Zealand providing our clients with commercial landscaping solutions. We specialise in civil landscape construction, landscape maintenance, building, irrigation, sports turf and golf course management.

MAAS Civil

MAAS Civil provides major bulk earthworks, civil earthworks installation and construction, subdivision and land developments, wet and dry hire for major infrastructure and mining, installation of all underground infrastructure, excavation and construction, load and haul operations, civil and mine engineering, full maintenance solutions for mining fleets, mine road construction and mine site rehabilitation.

MAAS Plant Hire

MAAS Plant Hire has 450-plus items in their fleet. Predominately featuring CAT machines to ensure reliability and access to repair. The fleets include; Artic & Rigid Dump trucks, Excavators, Bulldozers, Graders, Compactors, Loaders, Artic & Rigid water carts, underground loaders and underground trucks.

Macquarie Geotechnical

Macquarie Geotechnical operates offices throughout New South Wales and Queensland, with projects extending nationwide. MacGeo’s comprehensive capabilities include site investigation field work comprising drilling, engineering test pits and in-situ testing. Our NATA accredited laboratories also offer a range of testing for pavement material, soil, concrete, aggregate, and rock.

MAK Urban Group

MAK Urban Group, specialists in multi-disciplinary construction services, delivers excellence, innovation, and quality for every client, and every project. Established in 2013, MAK Urban Group has been involved in delivering projects responsible for shaping the future of Sydney.

Orion Consulting

The Orion Group provides high-quality engineering design, survey, water and sewer design and coordination, project management, construction management, development services, AR/VR and urban and regional planning, with the scope of services tailored to each project. We take the time to prepare project specific management plans to best address unique challenges.

Peter Brown

Peter Brown Pty Ltd are an Excavations and Foundations operator providing a wide range of products and services including graders and crawlers, foundation digging or excavation formwork supply. They are based in Wamberal, NSW, and can be contacted in business hours by phone or email after hours.

Redimix Concrete

Redimix is an award-winning concrete company providing quality assured product from facilities across NSW and QLD. Redimix has a reputation for producing the highest quality concrete solutions to exact standards. Our extensive range of general use concrete and decorative options is complemented by unwavering customer service, professionalism and industry knowledge.

Regional Crushing & Screening

Regional Crushing & Screening’s extensive range of equipment has the capability to work in hard rock quarries, coal mines and civil projects. The range includes fixed crushing screening and washing plant; closed circuit electric mobile crushing units; closed circuit fixed electric plants jaw cone impactor and strcker crushers precision pugmill; and screening plant.

Regional Quarries

Our quarries are strategically located along the east coast of Australia, from Rockhampton in Central Queensland to the Victorian border. Our product reach is among the most expansive in regional Australia and includes aggregates, crushed rock and road base, fill material, sand and specialty rock.

Sancon Civil

Sancon Group is a team of builders, project managers and quantity surveyors brought together by a passion to build beautiful homes. Specialising in: - Single & Multi Storey Dwelling - Duplex & Multi Dwellings - Granny Flats - Renovations & Additions.

T.C.E Contracting

T.C.E. Contracting provides comprehensive civil construction and engineering services from project management, earthworks, road and pavement infrastructure, car parks, basement, retaining walls, demolition, sub-divisions, stormwater and steel and concrete construction.

Total Lining Systems

Total Lining Systems (TLS) specialises in the design, supply and installation of engineered geosynthetic systems. TLS is able to offer design services for landfill cells, water containment structures, hazardous waste containment and similar.

COST OF CIVIL STAFF INCREASES BY 40% IN SIX MONTHS

across Australia. Provision of civil specific, targeted, short, and low-cost professional development for leading hands to CEOs.

The ‘new normal’ is unsustainable

At the 2022 CCF NSW Procurement conference, a long-time Member working with a NSW-based Contractor stated that they had seen wages for good project engineers soar from $160,000 to $220,000 per annum in the space of six months.

This equates to a 40% increase in staff costs.

What can be considered more alarming is that these increases were universally agreed by attendees as being the norm.

As a Civil Contractor, absorbing these costs is not sustainable. Salary increases like this eat into the profitability of your business.

How are successful companies retaining staff?

When your team’s focus is purely on their pay packet, retaining staff becomes a challenge –particularly in times of a skills shortage, as is the case now. Seemingly, the only option for you to retain your team is to pay them more.

One of the most common questions we get asked here at the Institute of Civil Infrastructure (ICI) is, How are other successful companies keeping staff – what are they doing differently?

Don’t buy them. Bargain for them and build them

Imagine you are negotiating for a new hire, or you are talking to a current team member who is thinking of accepting a higherpaying job offer… imagine if you could change that conversation away from, “I’ll give you an additional $10K per year.”

Imagine changing that to, “Yes, we pay market rates, but we also invest in a Professional Growth Plan to help advance your Civil career in the long-term.”

Expand your retention tools

ICI was created by CCF as a solution to a clear need

ICI gives employers the tools they need to stop trying to ‘buy’ team members’ loyalty. We give you the ability to bargain; the ability to build a strong team – creating an emotional attachment to your organisation because you have invested in them You didn’t just pay them a salary; you invested in them as a person. And that’s a powerful weapon when building a team.

That’s what we do at ICI. We give you the tools you need to attract, build and retain your teams. We focus on learning pathways, on personal recognition, and upskilling.

The end result is, firstly, a team member who is more committed to you as an organisation, and secondly, a stronger team overall.

ICI provides Civil-specific learning in Technical, People and Business Management for Civil Infrastructure Managers (Leading Hands to CEOs). All are 2 to 4-hour courses. All are live. All are delivered by experts in Civil. All are Australia-wide.

The ICI was created by the CCF to provide learning programs, career pathways and staff retention tools. Find out more at iciaustralia.com/Employers or call 1300 424 287.

As CCF funded the development of ICI, Members receive a discount.

With the cost of civil staff soaring, what are successful contractors doing to build and retain their talent during a severe skills shortage?

“ Buying loyalty never works.

The valued support of our family of Associate Members allows the CCF NSW to get on and do our job of supporting the industry.

We couldn’t do it without you.

Nikitha Shivakumar is a Site Engineer with Haslin Constructions working on the Sydney Metro project. She took out two Awards at the recent CCF NSW People Awards – for Women In Civil Contracting and Engineer Of The Year: Contracts Over $2 Million.

Congratulations on your wins at the People Awards. Tell us about what that meant to you?

Getting those awards genuinely feels ureal. I did not expect that. It’s been very, very rewarding. I came to Australia five years ago and I didn’t know what I was getting into. I knew I wanted to study and have a great career, but I didn’t know what bumps in the road there would be. It hasn’t been easy, but I’ve loved every bit of those challenges I’ve faced.

How

did you start your career in the civil industry?

I completed my Bachelors in Civil Engineering in India and came here for my Masters, completing that in 2020 at UNSW. My Bachelors was coursework. My thesis was on wastewater engineering and I also researched how we can sustainably use stormwater – reuse it for agriculture. Research was very interesting, but I wanted to get industry exposure and see how industry actually works. I found project management really interesting and decided after graduating that my first job would involve that.

What do you think are the best skills you bring to your job?

I think the first skill would be commitment. I’m 100% committed to the work. And a can-do, positive attitude. Also being motivated, bringing a strong game every day. Just be honest in your work. That’s the best skill.

How did you get the role at Haslin?

I had a strong resume and CV. Unfortunately - or fortunately - it was during COVID that I graduated. I couldn’t go back home and it was really hard to stay here without a job. I was trying many different companies, but the intake was limited because of COVID … Haslin really did appreciate all the work I’ve done so far and they wanted me on board immediately, which was really good. That’s why I say I’m really grateful to Haslin. It’s really nice that they consider international residents and give them an opportunity.

How important do you think diversity is in the industry?

I think in terms of gender diversity, in countries like Australia, men and women can play a wide range of roles regardless of gender. Women are not restricted from doing certain things. It’s really important that this awareness keeps continuing until we achieve 50/50 men

— HASLIN CONSTRUCTIONS

and women in the industry and women can do any kind of job. My mother’s opportunities were very restricted and she couldn’t pursue her talents because of other responsibilities. We don’t want that happening.

What are the particular challenges of your current project?

We’re working for Metro, so it’s station upgrades and there’s an additional service building we’re doing for the trains. There are different scopes – you have civil, landscaping, electrical. My hardest challenge on this job has been learning the electrical and mechanical side of the project. Besides that, we have many subcontractors – six to seven right now working for us. Engagement with them, as well as clients, all stakeholders, is a challenge. Also dealing with the designers and getting design issues resolved, then passing that information on to subcontractors so they are clear.

There’s a lot of approvals you have to go through. Because it’s a train station, you’re working around a lot of live electricals - it’s the methodologies you need to go through to get them approved.

Even taking a simple thing like a lane closure – getting approvals for that.

What is the best advice you could give someone who is thinking of

joining the Civil industry?

The civil industry is a very large sector, like a deep ocean. There’s so much to learn and grasp every day. Anyone joining the industry should be very proactive and be willing to take in as much as possible. Every day there will be a new thing to learn –don’t restrict yourself. Have an attitude of wanting to learn, not just what you’re doing but what others are doing - you’ll find what your own interest is and you’ll give 100% to that. And don’t hesitate to seek support from others. I would also add, there are new challenges every day. There are days I second-guess myself! But just trust the process, keep working hard and set goals and try and achieve them.

What Nikitha’s boss says...

Niki’s contribution to the Metro project is invaluable. She takes every hurdle in her stride. Niki’s unique approach to the project serves her well getting the most out of every subcontractor she manages along with earning the respect of not only our client but everybody that works alongside her.

– Craig Gocher, Niki’s Manager on the Metro Project

Workers compensation experts for Civil Contractors

Workers compensation insurance is a hefty insurance cost for many CCF members. The insurance cost however is only a fraction of the total cost when injuries arise in the workplace. The construction industry invests heavily in prevention and management of injuries but often find it difficult to measure the full benefit of these investments. Establishing a cohesive framework from injury prevention and management through to effective insurance management is critical to reducing the costs to an organisation and improving performance .

As a partner of the Civil Contractors Federation (National), PSC Workers Compensation Consulting Services have a highly skilled and experienced team that have a proven track record in reducing premium and workers compensation costs:

• Injury prevention and management of risk;

• Injury management and return to work;

• Claims consulting and policy placement;

• Corporate health.

Our key approach when working with members is to focus on problem solving and developing specific solutions that will assist in the reduction of cost and risk which can be measured.

For more information or a free insurance checkup:

Sydney Metro Region - Scott Slingo M 0448 819 297 E sslingo@pscinsurance.com.au

Sydney (West & Southern) /Illawarra - Thor Kreft M 0416 233 199 E tkreft@pscinsurance.com.au

North West, North Coast, Northern Rivers, Hunter - Nathan Trewin M 0429 517 979 E ntrewin@pscinsurance.com.au

Central West & South East - Paul Eccles M 0406 375 015 E peccles@pscinsurance.com.au

Riverina Region - George Last M 0427 298 580 E glast@pscinsurance.com.au

PSC Insurance Brokers (Sydney) ABN 30 129 444 828 | AFS License No 342 385

A member of BrokersLink Global Alliance. Please refer to our Financial Services Guide on our website for information on our products and services and how we are remunerated.

CLEAR SKIES AT LAST FOR GOLF DAY

Northbridge Golf Club was the scenic spot for one of our most enjoyable events on the calendar

Bright and brutally early on a Monday morning on 12 September 2022, we kicked off our CCF NSW biannual Golf Day, at Sydney’s Northbridge Golf Club.

After three rescheduled dates due to COVID and inclement weather, we were thrilled to hit the picturesque course overlooking Sydney Harbour. Teams enjoyed clear, sunny skies and slightly windy conditions for the 18-hole Ambrose game played by all who attended.

Rest assured…whilst the Golf Day is billed as a day of networking and relaxation – this is a

Congratulations to our winners

¿ 1st Place: Statewide Civil

2nd Place: Cherrie Civil Engineering

Lucky Last: Shore Hire ¿ Men’s Longest Drive: Joel Burraston from CJ Murphy (prize sponsored by Pickles Auctions)

¿ Ladies’ Longest Drive: Gretel Wathen from Kreisson (prize sponsored by Pickles Auctions) ¿ Putting Competition: Ben Sofiak from Kreisson (prize sponsored by Benedict Group)

highly competitive industry and that extends to the golf course! After a hearty breakfast, the Putting Competition allowed players to size up the competition before tee-off at 8:00am. Some impressive playing performances were observed (along with some absolutely atrocious ones!) before an excellent lunch in the club house.

Our $10,000 Hole-in-One Competition, sponsored by Shore Hire, still remains unclaimed. So we are again extending the invitation to all challengers out there. Do you have what it takes? Then sign up for our next Golf Day, which is scheduled for Monday, 13 February 2023 at The Coast Golf Club, Little Bay. Book early to avoid missing out on what is always a terrific day. Keep an eye on your inbox for our eNews and visit ccfnsw.com/Events for confirmation of the date and more details.

CCF NSW runs more than 50 events each year for its Members. Keep up-to-date with all our events at ccfnsw.com/Events. To become an Event Sponsor, contact our Events Team at events@ccfnsw.com or call (02) 9009 4000.

UPCOMING EVENTS

CCF NSW runs over 50 events each year for its Members to provide opportunities for education, networking and to celebrate achievement in the civil construction industry. The majority of events are for Members only. The list below is provided for Members wishing to add dates to their calendars so as not to miss a major CCF NSW Event.

For details of CCF NSW Events and to book, go to ccfnsw.com/Events

FEBRUARY 2023

Sydney Golf Day

DATE

LOCATION

Monday, 13 February The Coast Golf Club, Little Bay

Central West Region Meeting Thursday, 16 February Dubbo

South East Region Meeting Tuesday, 21 February Goulburn

State of the State Luncheon Friday, 24 February Sydney CBD

North West Region Meeting Tuesday, 28 February Moree

MARCH 2023

DATE LOCATION

Riverina Region Meeting Thursday, 2 March Wagga Wagga

Hunter Region Meeting Tuesday, 7 March Newcastle

Women in Civil Opening Ceremony Wednesday, 8 March Sydney

Illawarra Region Meeting Thursday, 9 March Wollongong

Northern Rivers Region Meeting Tuesday, 14 March Lismore

North Coast Region Meeting Thursday, 16 March Coffs Harbour Sydney Metro Meeting Thursday, 23 March Sydney

MAY 2023

DATE LOCATION

Women in Civil Community Celebration Wednesday, 31 May The Spit , Sydney JUNE 2023 DATE LOCATION

Ear th Awards Friday, 16 June Luna Park, Sydney

Are you working on a NSW project that will showcase the work your team and business does?

Will it finish in the 12 months to 31 March 2023?

If so, then you should complete an EOI now to register your work on the Project for Earth Awards.

Do I have to be a Member of CCF NSW?

No. We accept nominations from outside the family and the judges – who are independent to CCF NSW – do not know Membership status. But the nomination price is quite different… so you have plenty time to also complete a Membership application!

What About Regional?

Jump in! CCF NSW waives the nomination fee for regional, small to medium CCF NSW Members. Do you have to be the Head Contractor?

No. As long as your work can be explained against the criterion, you can submit just for the work you are doing on the Project.

Nervous about submitting?

SME who has never submitted for Earth Awards and a bit daunted by the idea? Think it’s only for the big players? That’s okay… we understand. Whether you are new to Earth Awards or simply want to better understand how to write a better nomination, we are running a free webinar on Tuesday, 7 February 2023 for SMEs to explain the questions in the form and provide you our tips on answering them. This will help you sharpen your language when answering the questions. The session will include hearing from a long-running judge who has literally seen hundreds of nominations. He knows the pitfalls!

¿ Top Tip: Start Preparing NOW

So, start collecting your photos and material. The EOI nomination form and judging criterion are available now available on our website. Check these out ASAP so you can ensure you are collecting the right evidence at the time. Head to ccfnsw.com/events

‘Tis the Season to be Registering NOW for Earth Awards 2023!

SNAPSHOTS

Merry Christmas from all of us at CCF NSW Merry Christmas from all of us at CCF NSW

“When you are deciding where to spend your money, please consider that some portion of every dollar you spend through a Sponsor comes back to Members in the form of support provided by CCF”.

David Castledine | CEO Civil Contractors Federation NSW