2015 MB NSW Magazine Jun-Jul

Official Magazine of the Master Builders Association of NSW | Issue Three | June/July 2015

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

Print Post Publication No. PP100003016

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

Verify.

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

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For more information call ACRS on (02) 9965 7216 or visit www.steelcompliance.com ACRS – The Australasian Certification Authority for Reinforcing and Structural Steels Ltd ABN 40 096 692 545

2

contents

IN THIS ISSUE:

SALES MANAGER: Peter Shepherd EMAIL: peter.shepherd@crowtherblayne.com.au ADVERTISING SALES: Peter Shepherd, Craig Flenley, Rose Delosreyes, Paul Baird EDITOR: Samantha Regan GRAPHIC DESIGN TEAM: Byron Bailey and Andrew Crabb

REGULARS Contact List President’s Viewpoint Executive Director’s Viewpoint Newsbrief Regional Roundup Dates for your Diary The Way We Were

4 6 8 10 15 54 68

FEATURES Let’s have a proper housing debate

18

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

20 22

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

24 25 26

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

28 29

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

32 34

Insurance Changes to home building compensation fund announced

35

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

36

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

38 40

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

42 43

Technology Smartphones can do more than connect you to your customers

44

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

46

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

48 49 50 51

GENERAL FEATURES Insulation Eliminate unwanted noise safely through acoustic insulation

56

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

58

PRODUCTION: Brooke Travers PRINT: Newstyle DISTRIBUTION: Newstyle CONTACT DETAILS PO Box 824 Surfers Paradise QLD 4217 TEL: 1800 222 757 FAX: 1800 063 151 EMAIL: publications@crowtherblayne.com.au WEB: www.crowtherblayne.com.au

Disclaimer: The Publisher and the Master Builders Association of NSW, their employees and agents take no responsibility for any inaccuracies or omissions. The opinions are those of the contributors and not necessarily of the Publishers nor of the Association. No warranty is given and no liability is accepted.

Products and Services appearing in Master Builder are not necessarily endorsed by the Publisher or the Association.

While every care has been taken during production, the publisher(s) do not accept any liability for errors or omissions that may have occurred.

Directory 62 What’s New 64

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

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

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SHEETROCK is a trademark owned by United States Gypsum Company and used under license.

4

contact list MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES 52 Parramatta Road, Forest Lodge NSW 2037 / Private Bag 9, Broadway NSW 2007 Tel: 02 8586 3555 | Fax: 02 9660 3700 Email: enquiries@mbansw.asn.au Website: www.mbansw.asn.au | ABN 96 550 042 906

HEAD OFFICE

Safety Officer Trainee Safety Officer IR Administration Officer Secretary

EXECUTIVE BOARD Paul Maginnity Ross Mitchell Gordon Leggett Scott Nash Martin Patience Simon Pilcher Chris Calderbank-Park

President Deputy President Immediate Past President Vice President Vice President Vice President Vice President

Awards Coordinator Assistant Awards Coordinators Special Projects Officer Business Development Manager

8586 3503 8586 3507

Luke Hueston Edwina Lyall Malcolm Foung Adam Myers Dele Omisore Erroll Wong Adam Fawcett

8586 3519 0412 806 700 8586 3556 8586 3501 8586 3583 8586 3568 0466 770 910

Daniel Vine Jayne Pan Joel Beater Bill Korakis Leeanne Farmer

8586 3566 8586 3528 8586 3565 8586 3541 8586 3512

Ogarit Kelley

0414 919 194 1300 760 366

Graham McGuiggan Paul Love

Mark Shearwood Joan Ah-Hen Samantha Bell Susie Bell

8586 3554 8586 3540 0413 306 556 8586 3520 8586 3515 8586 3572 8586 3581

Timithy Rolls Jake Curran Darin Grace Madison Brown Vanessa Herrera Dean Edser Nicole Midolo Jade Lane Carson Gao Michelle Vella Jason Kim Stephaney Guan Penny McDonald Andrew Turner Sharon Eakin Laura Weston William Louie Nicole Daws

8586 3560 8586 3534 8586 3579 8586 3576

MEMBER SERVICES Manager Member Services Membership Coordinator

Membership Representative Member Services - Administration Member Services - Administration Member Services - Administration

TRAINING Compliance and Quality Officer Short Course Coordinator Training Manager Short Course Administrator Short Course Administrator Coordinator Cert IV-VI Qualifications Administrator Qualifications Administrator Cert III Coordinator Admin Assistant in Cert III Cert III Administrators Admin Assistant in Cert III Admin Assistant in Cert III Workplace Assessor - Painting Training Accounts /Administration Coordinator Receptionist Administration Assistant

MBA Skill Recognition Centre

8586 3548 8586 3521 8586 3582 8586 3559 8586 3544

8586 3578 8586 3553 8586 3588 8586 3563 8586 3514 1300 884 315

NORWEST EDUCATION CENTRE 5 Burbank Place, Baulkham Hills NSW 2153 Reception Executive Office

Laura Weston

8586 3588 8586 3557

Karen Kellock Perry Wynn Maria-Luisa Branezac Teigen Morier Paulo Atienza Ben Mitchell Frank Luppino Donna Seidler

8586 3538 8586 3533 8586 3536 8586 3542 0423 025 380 0412 499 754 0401 998 853 0413 316 407

Peter Meredith

4323 4588

Robert Collings Hannah Shephard Renee McKeown

8586 3517 8586 3517 8586 3517

Peter Glover David Solomon Rod Grace Nicholas Arends Iain Jarman

8586 3535 8586 3552 8586 3574 8586 3573 8586 3502

APPRENTICESHIP SERVICES Apprenticeship Services Manager Apprenticeship Services Coordinator Apprenticeship Payroll Supervisor Apprenticeship Payroll Apprenticeship Field Officer Apprenticeship Field Officer Apprenticeship Safety Officer Apprenticeship Mentor

HOUSING Director - Housing

LEGAL Head Solicitor Solicitor Legal Assistant

INDUSTRIAL RELATIONS AND SAFETY Director Construction Executive Officer Safety Industrial Relations Officers

Director, Operations Government Projects & Programs Manager Communications Manager IT Systems Manager IT Support/Webmaster

8586 3506 8586 3564 8586 3504 0421 050 395

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

Craig Donovan 8586 3537 Omesh Jethwani 8586 3539 Steven Swan 8586 3562 Amanda Kernaghan 8586 3580 Alexander Ashley-Carrington 8586 3525

FINANCE & ADMINISTRATION Director Finance & Administration Accounts Supervisor Credit Control Manager Credit Officer Inventory & Property Administration Officer Accounts Payable Officer Reception #2 Fishbowl #2 Charles Martin Room

Arthur Johnson Strebre Delovski Leon Kopcikas Frank Chevell Rheannon Vea Vea Bridget Delmore

8586 3508 8586 3511 8586 3509 8586 3567 8586 3527 8586 3510 8586 3526 8586 3530 8586 3546

Joanne Papageorge Daniela Fraumeni

8586 3555 8586 3555

RECEPTION Receptionist

MASTER BUILDERS FINANCIAL SERVICES Broker

Susan Manning Helen Harris Amanda Kelly Juliet Pratley

OPERATIONS Brian Seidler Amanda de Vries

MBA INSURANCE SERVICES State Manager Senior Account Manager Account Executive - General

Authorised Representative - Capital & Construction Risk Managers Pty Limited Account Executive - Home Warranty

Account Executive - Warranty National Business Development Manager (Surety) Business Development Manager (NSW)

8586 3522 8586 3524 8586 3531 8586 3523

EVENTS & BUSINESS DEVELOPMENT

EXECUTIVE Executive Director Executive Assistant

Chris Schultz Leon Lenzo Judy Macgregor Beverly Glover

REGIONAL OFFICES NEWCASTLE OFFICE Level 1, 165 Lambton Road, Broadmeadow NSW 2292 Tel:

Hunter Region Manager Len Blakeney Office Administrator Sarah Croft Receptionist Amy Porter Industrial Relations Officers Ben Ziolkowski

Shona D’Arbon Safety Officer John McGhee Trade Events & Divisional Coordinator Haley Tibbetts Membership Representative Luke Reeves Events and Training Coordinator Kerri Richards MBA Insurance Services - Newcastle Leeanne Farmer

4953 9400 4979 0101 4979 0103 4953 9400 4979 0107 4979 0116 4979 0112 4979 0106 4979 0109 4979 0105 0466 777 057

NORTHERN REGIONS Shop 1, 97 Tamar Street, Ballina NSW 2478 Tel: Regional Coordinator Membership Representative Administration Officer

Juliet Pratley Graham Marchant Marlee Rudgley

6681 4266 0421 050 395 0428 412 784

Peter Meredith Helen Tinson Lesley Potter

4323 4588 0412 694 001 4323 4588 4323 4588

GOSFORD Unit 7/4 Stockyard Place, West Gosford NSW 2250 Tel: Director - Housing Office Manager (Wed/Thurs) Office Manager (Mon/Tues)

SOUTHERN REGIONS Unit 1, 171 Princes Highway, Ulladulla NSW 2539 Tel:

Regional Coordinator Lynn Smith Administration Assistant Debbie McDonald

4454 1955 0418 633 297 4454 1955

ALBURY/WODONGA 35 Hovell Street, Wodonga VIC 3690 Tel: Regional Manager Office Manager Administration Assistant

Steve Donaghey Lesley Donaghey Pauline Meade

6058 2000 0402 044 075 6058 2000 6058 2000

PORT MACQUARIE Unit 3, 12 Jindalee Road, Port Macquarie NSW 2444 Tel:

Administration Assistant Kerrie Clark

6581 4033 6581 4033

WOLLONGONG Unit 3, 29-35 Princes Highway, Unanderra NSW 2526 Tel:

Regional Coordinator Michael Hart Administration Assistant Ruth Billington

4272 9409 0419 140 126 4272 9409

MATES IN CONSTRUCTION Hotline:

8586 3575

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6

president’s viewpoint

President Paul Maginnity

The NSW 2015-16 budget is set to deliver substantial construction work for our industry with significant budget allocations for major infrastructure works, new social housing projects and a boost to social housing maintenance.

The government will spend $68.6 billion on infrastructure over the next four years, with $591 million dollars allocated over the next 12 months to fast-track some of the larger NSW projects.

The large projects attracting a significant portion of the infrastructure allocation of $38 billion include: • $15 billion WestConnex, linking the M4 and M5 Motorways, with $1.7 billion to be spent over the next financial year.

• $977 million for the Northwest section of the Sydney Metro rail line.

• $84 million extending the city Metro Rail.

• $1.4 billion State/Federal money for the Pacific Highway duplication between Hexam and the Queensland border.

Health is to receive $5 billion over the next four years and includes money for upgrades, redevelopments and expansion of major hospitals, and an upgrade of ambulance stations: • $72.1 million for the next stage of the Westmead Hospital redevelopment.

• $30 million for stage 3 of the redevelopment of Blacktown and Mt Druitt Hospitals.

• $269 million for the next stage of the Lismore Hospital.

• $82 million for the redevelopment of Kempsey Hospital (Stage1) • $88 million for the new Byron Hospital.

• $20 million for the redevelopment of Muswellbrook Hospital • $400 million Maitland Hospital.

• $368 million major redevelopment of Gosford Hospital • $12.9 million to commence work at Armidale, Bowral, Broken Hill, Grafton, Macksville, Manning, Ryde and St Vincent’s Hospitals.

Education building will receive $2.1 billion over four years for new schools at Bella Vista, Narellan, the Old Kings School site at Parramatta and a Network Specialist School in Dubbo. Significant upgrades are to occur at Artarmon, Bardia, Cherrybrook, Homebush West, and Randwick Schools.

Law and Order building has been allocated $64 million over the financial year to build or refurbish police stations in Deniliquin, Gunnedah, Liverpool, Moss Vale, Tweed Heads, Lake Macquarie, Riverstone, and funding for a new 600 bed Correctional Centre at Grafton.

The Land and Housing Corporation (social housing) will spend $342 million on capital works, including the commencement of an estimated 1,021 social housing dwellings and completion of an estimated 770 social housing dwellings in 2015-16. A further $209 million will be spent on capital maintenance to existing stock.

Remote Indigenous Housing will receive $46.1 million under the National Partnership Agreement to be distributed through the Aboriginal Housing

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

Office’s capital works program. An additional $28.4 million is allocated to Aboriginal housing for repairs and maintenance.

The Government introduced the Jobs Action Plan 2011-12 which provides a $5,000 payroll tax rebate to businesses that employ new workers. The scheme was due to close to new applicants from 1 July 2015, however has been extended until 30 June 2019.

Also from July 1 2015, businesses in NSW with wages below the current payroll tax threshold of $750,000 and employ new staff can apply for a $2,000 grant for each additional employee. The grant will be paid on the first anniversary of the hire of the new employee.

The NSW Department of Planning and Environment has been allocated $89.1 million over four years to speed up approval processing times.

The Priority Projects Branch will have $ 7 million to speed up the approval of State Significant Projects, with an additional $19.9 million to construct the on-line Planning Portal.

As mentioned above, this budget is set to deliver substantial construction work for our industry. This significant increase in work will offer many opportunities across all construction sectors throughout NSW.

Paul Maginnity MBA/NSW PRESIDENT

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drew S hailer Andrew Shailer Ti ling

8

executive director’s viewpoint

The issue of Non-Conforming Building Products (NCPs) is probably one of the most important and pressing matters currently confronting all sectors of the building & construction industry.

Over recent times the use of non-conforming products has resulted in major recalls, not to mention the financial impact on contractors and industry as a whole.

Executive Director Brian Seidler

Examples include: • Glass falling out of curtain-walling and window frames; • Non-conforming high-tensile bolts failing in the construction of a new structural steel framed building; • Faulty electrical cable, estimated to be some 4 million metres, having been supplied to industry; • Client supplied internal wall and floor tiles containing asbestos.

• Imported Plaster Board found to have an asbestos content.

Examples of clients supplying electrical fittings, which prove to be faulty and not meet Australian Standards are also becoming more common.

As we go to print the Federal Senate has resolved it will hold an inquiry into nonconforming building products.

The Inquiry, due to report by 12 October this year, seeks to investigate the reasons for the proliferation of materials in the building chain that do not meet local standards, or may conform but are used inappropriately.

The Inquiry’s terms of reference encompass the impact of non-conforming building products on: • Industry supply chains, including importers, manufacturers and fabricators; • Work place safety and any associated risks; • Costs passed on to customers including any insurance and complying costs; • The overall quality of Australian buildings.

The terms of reference also cover areas of possible improvement to the current regulatory frameworks for insuring that building products conform to Australian Standards. Particular reference to the effectiveness of policing and enforcement, independent verification and assessment systems, surveillance and screening of imported building products and penalties imposed on non-conforming building products will be examined.

It is clear however, if you are in doubt that the product is faulty or non-conforming, - don’t use it. If you have purchased a specific product from one of the major outlets be sure to keep specific invoices – not only the amount, but a description of what was purchased.

It is also clear that the industry relies on the supply chain to supply products that satisfy Australian Standards and conditions and are safe to work with.

Master Builders has produced a number of information flyers to specifically alert industry of this very serious and growing problem.

Members will be circulated with this information.

Brian Seidler EXECUTIVE DIRECTOR

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

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10

newsbrief

ECONOMICS AND TAXATION

HOUSING HOUSING AFFORDABILITY REPORT HITS THE STREET The Senate Economics References Committee has released the final report of its inquiry into housing affordability in Australia.

BUILDING SURVEY RECORDS FALL IN BUILDING CONSTRUCTION Master Builders’ National Survey of Building and Construction recorded a fall in business conditions for building firms during the March quarter of 2015.

Builders suffered a drop in building activity and confidence in the quarter. This was a reflection of softer hiring intentions, as the index measuring builder intentions to employ more tradespeople and apprentices declined from the more optimistic outlook recorded in the December quarter of 2014.

A reboot in confidence is fundamental to nurturing the green shoots of sustained activity in the commercial construction sector, which is struggling to recover to preGFC levels.

MAJOR FUNDING INJECTION FOR INDUSTRY STATISTICS Master Builders has welcomed an announcement from Federal Treasurer Joe Hockey and Parliamentary Secretary to the Treasurer Kelly O’Dwyer’s about a major new investment in the Australian Bureau of Statistics (ABS).

The additional funding should ensure the ABS continues to provide accurate and timely information the community relies on. ABS' capability to produce reliable information allows public and private sector organisations to analyse, plan and ultimately invest wisely in resources benefiting the Australian economy.

‘AGGRESSIVE’ TAX SCAM WARNING There have been reports of an aggressive phone scam circulating. It involves fraudsters intimidating people into paying fake tax debts over the phone.

If you use a tax agent to lodge your returns, ordinarily the Australian Tax Office (ATO) will contact the agent first.

If you are contacted directly, the advice is to not provide information directly to the caller over the phone.

Key recommendations include: • Federal, state and territory governments developing a long term national housing affordability strategy • clear and transparent performance indicators, which would be reported to the Council of Australian Governments • State and territory governments are to phase-out stamp duties, potentially replacing them with more efficient taxes, such as land taxes • they also investigate alternate approaches to funding infrastructure for new housing developments The report also called for the establishment of a new body to replace the now defunct National Housing Supply Council.

HOUSING AFFORDABILITY DRAFT POLICY SUBMITTED Master Builders (MBA) has provided the Federal Opposition with a considered response to its recently released draft policy statement on housing affordability.

It is also advisable to contact a tax agent to deal with the matter on your behalf. If that is not an option, take down the details of the caller and contact the ATO directly or request the caller to supply the information they require in writing.

In the association’s assessment, the national office highlighted the comprehensive National Housing Affordability Agenda (NHAA), which sets out six key areas for reform action to reduce housing affordability pressures in Australia, while increasing access to housing at the same time.

For more information regarding this scam and how to deal with phone scam’s, please visit: www.ato.gov.au/Media-centre/Mediareleases/Protect-yourself-against-phonescams

Key elements of MBA’s NHAA include: • improving the supply side efficiency of the housing market • introducing contestable national competition-style payments to local

This funding is hoped to put an end to what has been a difficult period for the ABS, ensuring provision of reliable labour force and other surveys as well as entrenching the Census on a five-year cycle.

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

governments for demonstrated improvements in their performance efficiency and outcomes which contribute to lifting housing affordability • urging governments to develop individual land release plans for their own jurisdictions over a 10-year rolling time horizon

newsbrief

HOUSING

LEGAL ONE OFF INDEPENDENT CONTRACT UPDATED

ILLEGAL FOREIGN INVESTMENT CRACKDOWN ANNOUNCED

UNFAIR CONTRACT TERMS LAW EXTENDED TO SMALL BUSINESS

The Federal Government has announced further steps in its crackdown on illegal purchases of, or contrived arrangements to allow foreign investors to acquire Australian residential property.

Federal Government recently published an exposure draft Bill and other materials setting-out its proposal to extend unfair contract terms law to small business.

Under the new arrangements, the Australian Taxation Office (ATO) will issue letters to individuals and companies suspected of being involved in breaches of the foreign investment framework.

ATO will also undertake a complex datamatching analysis of more than 30,000 taxpayer records, with data sets from other federal agencies, looking for breaches of Australian foreign investment laws.

SMALL BUSINESS STARTUPS ENCOURAGED TO GROW The Federal Government recently announced policy and regulatory changes to help small businesses to grow and employ more people.

From July 2016, new start up businesses will be able to immediately deduct professional costs – such as accountancy and legal advice – associated with starting a new business.

This will replace the current five-year write off arrangement. Business registration will also be streamlined, with a single website, replacing the current fragmented and complex business registration process.

Small businesses will also be able to change the legal structure of their business without incurring capital gains tax liability.

The law will operate such that a currently unfair term contained in a standard form consumer contract can be declared void.

A court would also be able to declare void an unfair term of a standard form, small business contract.

The government’s policy position is this extension will reduce the incentive to include and enforce unfair terms in small business contracts. It will provide a remedy for small businesses when those terms are included in a contract.

Where a term is declared void, it will be treated as if it never existed but the contract will continue to bind the affected parties to the extent the contract is capable of operating without unfair terms.

The one-off independent contractors agreement IC-2007 has been completely revamped. The Independent Contractors Agreement (IC-2015) will soon be available for purchase. IC-2015 is recommended for use in one-off jobs. That is, in situations where builders require the services of subcontractors to perform specific tasks related to building works not covered by other contracts. A common case might be when a builder wishes to engage a subcontractor for a specific task or project, such as tiling, carpentry or painting on a residential or commercial project.

IC-2015 establishes the legal rights and obligations of the parties and their powers and duties in relation to a subcontract.

The accompanying user guide provides a clause-by-clause interpretation of the agreement and provides clarification as to when a contractor is engaging an independent contractor as opposed to an employee. This is vitally important, as under a contract of service (employment contract) entitlements such as superannuation, workers’ compensation, leave, and certain taxes would ordinarily apply. The User Guide explains how these entitlements still might be available to subcontractors.

Draft legislation proposes to extend the existing unfair terms regime in the Australian Consumer Law to standard form contracts: • to which at least one party is a ‘small business’ with less than 20 employees • under which the upfront price payable does not exceed $100,000 or if the contract’s duration is more than 12 months – $250,000 Master Builders lodged a submission with Treasury on the proposed extension, pointing-out the unacceptable uncertainty the provisions would bring about as they relate to building contracts, particularly the difficulty in finding an “upfront price” in that context.

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

11

12

newsbrief

LEGAL

TECHNICAL HAVE YOUR SAY ON WOOD BASED PANELS Standards Australia have released for industry comment a proposed draft international standard on wood based panels – particleboard.

RANSOMWARE SCAM WARNING FOR SMALL BUSINESS

NBN TO FEATURE NEW MAPPING FACILITY

The Australian Competition and Consumer Commission (ACCC) has warned small business operators to think twice before opening email files that could contain ransomware.

The Department of Communications is hosting an online system to accurately map new property developments and record the identity of the telecoms carriers servicing them.

The ACCC’s latest Targeting Scams Report shows almost $1 million was lost to these scams last year. Ransomware is a type of malware that infects a computer system by restricting access, unless a ransom is paid to a scammer for the restriction to be removed.

The new mapping facility is part of the National Broadband Network rollout, designed to help developers identify carriers servicing the area in which they intend to develop property.

The ACCC received over 2500 ransomware and malware complaints during 2014, with over $970,000 reported lost by small businesses and consumers.

SCAMwatch offers the following tips to protect from ransomware: • Ensure your computer has a firewall and up-to-date anti-virus and anti-spyware software • Do not click on links or download files in emails you receive out of the blue, especially if they are executable (.exe) files or compressed (.zip) files that are likely to contain malware • Use a pop-up blocker as a lot of ransomware is delivered after following links in pop-up alerts • If there is any doubt about the legitimacy of an email supposedly from a legitimate business, do not rely on contact details or links provided or open any attachments. Contact the organisation using the number in the telephone directory or on their official website to verify its authenticity • Regularly back-up your computer’s data on a separate hard drive, so this can be easily re-installed if your computer is infected by malware or ransomware

It will also assist carriers in better co-ordinating the provision of infrastructure and resolve disputes. This is expected to help retail service providers and consumers check who can connect particular premises, and governments to verify that infrastructure has been contracted and provided.

The draft standard specifies a classification matrix and the related mandatory tests and thickness ranges to be applied to particleboard for general purposes, furniture, load-bearing applications, and heavy-duty load-bearing applications.

It provides the manufacturing property requirements for these types of uncoated particleboard materials.

Copies of these materials are available from Master Builders on request for interested members.

TRAINING

The data will become open source, thus allowing other interested parties to map the data to meet their own needs.

FIRE ALARMS STANDARD REVISED Standards Australia has released a draft revision to AS 1670.1 – 2004 ‘Fire detection, warning, control and intercom systems — System design, installation and commissioning Part 1: Fire’ for public comment.

The main purpose of the revision is to: • list all the current AS 7240 series equipment standards • restructure the document to address known issues and to improve clarity • introduce Alarm Delay Facility (ADF) software • reference AS 7240.23 for visual alarm devices • consolidate fire detection and control for smoke control and special hazard Standards Copies of these materials are available from Master Builders on request for interested members.

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NEW APPRENTICESHIP SUPPORT NETWORK ANNOUNCED Successful organisations will form a new Australian Apprenticeship Support Network.

Federal Assistant Minister for Education and Training, Senator Simon Birmingham recently announced the Apprenticeship Network, which aims to make it easier for employers to recruit, train and retain apprentices.

newsbrief

TRAINING It also has an ultimate aim of improving apprenticeship completion rates.

The network introduces new targeted services, which will deliver tailored advice and support to Australian Apprentices and employers who need additional assistance prior to sign-up and during training.

The new system will aim to help employers to receive more efficient guidance in navigating the apprenticeships system, while individuals will be assisted to complete their training.

Eleven organisations have been announced that make up the new Apprenticeship Network, with services being delivered through more than 280 network provider sites.

Master Builders, in a consortium with a range of other industry associations, tendered for funding to implement apprenticeship services.

Visit http://docs.education.gov.au/ node/37759 to see a list of providers to the apprenticeship network.

WORKPLACE RELATIONS

DRAFT POLICY RELEASED ON WORKPLACE RELATIONS The Australian Labor Party’s draft National Policy Platform has been released. However, the policy is unclear as to the future of building and construction industry specialist workplace agencies.

The wording states that: “Labor is committed to providing a balanced and effective compliance regime, which will provide procedural and substantive fairness to all parties in the construction industry.”

WORKPLACE RELATIONS Master Builders will write to Federal Opposition Leader Bill Shorten, seeking clarity on this point. The draft platform contains a number of proposals that will see existing union privilege and workers’ rights greatly enhanced.

Regulation of pay and conditions is likely to become more prescriptive rather than simpler with statements that ‘we must make sure that change isn’t an excuse to erode hard-won working conditions’ having been used. This suggests continuation of an adversarial approach.

Key policy items include: • Awards are here to stay as are penalty rates for ‘excessive or unsociable hours, and for weekends and public holidays’.

The platform states people should be able to access common leisure time on weekends and holidays.

• A national minimum standard for long-service leave is to form part of the national employment standards.

There is a risk the Australian Council of Trade Unions’ portable scheme will get traction, particularly when read against the statement ‘Labor will work with state and territory governments, employers and unions to facilitate the portability of entitlements including through industrywide schemes’.

• Consistent treatment of public holidays including where Easter Sunday, Christmas Day, Boxing Day and New Year’s Day fall on weekends. There is a risk this will result in the gazettal of additional days.

• A particular requirement the Fair Work Commission (FWC) to take into account the pay equity when conducting periodic reviews in modern awards.

• A desire to reduce the incidence of underemployment and insecure work.

Business should be prepared for a campaign against casual employment and contract labour. Sham contracting laws are also proposed for extension.

An objective test for determining when a worker is a casual has been proposed, and labour hire arrangements will also be scrutinised more.

• Redundancy pay is declared as ‘a basic right’ in the platform, raising concerns about the future of small business

redundancy exemptions. It seems likely the Fair Entitlements Guarantee scheme will be extended.

• Further mechanisms are proposed to protected superannuation in the event of a corporate collapse.

• Fly-in fly-out work will be scrutinised with improved protections proposed.

• ‘Safe rates’ for truck drivers will be maintained.

• Despite the damage already done through Fair Work Act provisions, transfer of business will be scrutinised.

• An intention to prohibit director and corporate conduct, which prevents the recovery of employee entitlements.

• A commitment to support parties to develop working time arrangements that are consistent with employee preferences and needs. It is possible that employees will have greater choice as to how their work arrangements are structured under Labor’s proposed system. This could create some significant practical difficulties for employers in the efficient structuring of work arrangements.

• Guidelines on ‘good faith conduct’ in bargaining are proposed including access to an independent umpire to resolve disputes. It is likely that this will result in greater FWC intervention in bargaining and clears the way for compulsory arbitration of disputes.

• Despite private sector union membership now at levels below 12 per cent, the union agenda still features strongly.

Paid union training leave received a special mention as did modern payment methods for union membership.

There are a number of other aspects of the draft policy that require clarification and expansion, but the policy direction remains crystal clear.

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newsbrief

WORKPLACE RELATIONS OMBUDSMAN LAUNCHES NEW ONLINE PAY AND CONDITIONS TOOL Master Builders (MBA) recently joined the Fair Work Ombudsman (FWO) in examining its new tool for calculating wages. The Online Pay and Conditions Tool (PACT) will replace FWO’s PayCheck plus serve as an online resource for pay and award information.

FWO has claimed that PACT will allow users to obtain more tailored online answers to queries regarding their employment circumstances. PACT seeks to provide pay, leave and notice calculations depending on the relevant award selected by the user.

Although MBA welcomes the availability of resources that assist in the understanding and application of awards, members should treat PACT with caution, as it is an automated resource heavily dependent on the accuracy of data entered by the person making the enquiry.

In addition to this, awards relevant to the building and construction industry are complex. In MBA's assessment these tools cannot replace the sort of advice given by employer associations. PACT will be officially launched in mid-2015.

"The industry needs witnesses to be protected, as the reluctance of people to speak to the current Royal Commission into trade union corruption and governance shows," MBA said.

With changes to the law, the director of the FWBC will be able to apply to a nominated Administrative Appeals Tribunal presidential member for an examination notice, for a further two years from 31 May 2015 when this provision was due to end.

"It would have been beyond the pale to ask the FWBC to do its job without compulsory information gathering powers," MBA said.

"A regulator’s investigations should not founder because witnesses will not make a statement or victims simply give up.

"FWBC is already constrained by a number of provisions that hamper its work."

The continuance of the current ability to compel witnesses to give evidence is not expected to make up for such deficiencies.

For example, the FWBC is unable to commence or continue litigation where the litigation on the same subject matter has been discontinued because the building industry parties settled their differences.

"This means that deals can be done that protects unions and others from the consequences of their unlawful action," MBA said.

WITNESS PROTECTION AMENDMENT BILL PASSES THE UPPER HOUSE The Australian Senate recently approved the Construction Industry Amendment (Protecting Witnesses) Bill 2015.

"Only the restoration of the ABCC will provide an adequate response to the urgent need to apply the rule of law in the building and construction industry.

"MBA looks forward to continued debate about the return of the ABCC."

All cross-bench Senators voted for the Bill.

Passage of the Bill will extend informationgathering powers of the Fair Work Building and Construction agency (FWBC).

Master Builders (MBA) hailed the legislation as a "triumph of common sense".

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FWBC REQUIRED TO CHANGE AGREED PENALTIES PRACTICE A Full Federal Court recently ruled an earlier agreement would no longer be binding between the Fair Work Building and Construction agency (FWBC) and the Construction Forestry Mining and Energy Union (CFMEU).

It comes as FWBC litigates CFMEU about the pecuniary penalty the offending union must pay. The court must set the amount of the penalty: Director, Fair Work Building Industry Inspectorate v CFMEU [2015] FCAFC 59.

In essence, a court can no longer receive or act upon an agreement as to penalties or on submissions by a regulator as to the appropriate amount or range of penalties.

A common practice has developed in civil proceedings where the FWBC and other regulators have made submissions to the court, jointly or with another party. It can be about the amount of the appropriate pecuniary penalty or often the range of an appropriate penalty.

The full court decided this is not permitted.

However, Master Builders warns this will slow down court processes, which are already "unduly slow".

regional roundup

PARALYMPIAN'S WORKPLACE INJURY SHEDS LIGHT ON RECOVERY@WORK A well-known paralympian's injury on a construction site has enlightened builders on the far-reaching impacts of a workplace accident.

Shannon Dallas, paralympian and WorkCover speaker, recently shared his experience after being hurt at work more than 15 years ago.

He revealed it not only affected his career prospects, but also his life.

He provided a useful insight into the tangible and intangible impacts an injury can have on a construction site and your personal life, and how the recovery@work and recovery@ life programs can help encourage employers, workmates, friends and family to support your speedy recuperation.

Dallas made the remarks on 21 May 2015 at a Residential House Construction Demonstration Event at The Sanctuary in Fletcher, Newcastle.

More than 70 people attended the hearty breakfast prepared by The Mens Shed, and everyone engaged in a discussion about the construction industry and issues being faced on a daily basis.

Organisers received overwhelmingly positive support from suppliers including Oldfields, FallStop, Safeworx and BuildSafe and Industry Action Partners HIA and MBA.

Many attendees signed up for WorkCover’s $500 Small Business Rebate and registered for 1 CDP point.

Feedback from attendees confirmed the event was both well organised and well received.

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regional roundup

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

Mark McCrindle, one of Australia’s leading demographic researchers, gave a thoroughly researched breakfast presentation to over 50 members at the Newcastle Crown Plaza on Friday, 1 May 2015.

He revealed population and spending trends that will have a significant impact on business in the next 20 years, and also the outlook and prospects for the Hunter’s building industry.

Some of the major trends highlight the need for more housing than currently being developed, a bright outlook for the Hunter’s population growth and an acute need for more skilled builders.

Mark also confirmed: • Newcastle’s population of 433,000 is larger than the ACT and twice that of Hobart • Annual population growth is 1.6 per cent • 1 in 10 businesses will fail within their first year • Half of all businesses will fail within their first four years of operation • Today’s students will have 17 jobs and move house 15 times • In the year 2044, 7.75 million Australians will be over the age of 65 and 1.65 million will be 85 years old and over • 90 per cent of data in the world was created in the past two years

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• A social media site like Facebook has more patrons/users than the most populous country has citizens Mark has consulted a number of Australia’s largest and most successful businesses. His understanding of the key social trends and his engaging communication style has placed him in high demand in the press, on the radio and television shows including Sunrise, Today, ABC News 24, A Current Affair, and Today Tonight.

regional roundup

BARBIE, DRINKS AND PRESENTATIONS GIVE FOOD FOR THOUGHT Master Builders members recently enjoyed a barbeque and refreshments at an informative evening hosted by Di Mogg, store manager at Petrie’s Mitre 10, Mudgee.

The event held on 16th April 2015 also featured MBA Head Solicitor Rob Collings, who spoke about changes to the Home Building Act, followed by a presentation from James Hardie on new products from their fibre cement range.

Attendees received 2 CPD points for attending.

CENTRAL WEST/ORANA GOLF DAY TEES OFF The Annual MBA Central West/Orana Division Golf Day proved a hole-in-one with golfers.

finest golfers nearly knocked the rust off their clubs to vie for honours.

Held on 20 February 2015 at the Wentworth Golf Club in Orange, the event teed off at noon with local wildlife diving for cover as the regions

Prizes up for grabs on the day included MBAbranded shirts, golf balls, camping gear and golf umbrellas.

Tom Hurford not only won the longest drive and a microwave oven but also the major prize of a $200 Amber Tiles voucher with his brother Jason, proving the old saying that a sharp pencil will always beat a good golfer.

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

By Wilhelm Harnisch, CEO of Master Builders Australia

It is no surprise that former Prime Minister John Howard labelled housing affordability as a barbeque stopper.

The dream of home ownership matters a great deal to Australians and remains a hot topic today, so it is deeply disappointing the housing affordability debate has been hijacked by side issues such as the impact of foreign buyers, lax foreign investment rules and negative gearing for causing house prices to increase, when the debate should instead be focused on the real problem – which is the lack of supply or, more correctly, lack of land supply.

Seasoned house builders, who have seen many housing cycles come and go, know that house prices increase more rapidly during a residential upturn. Builders also know that a house price boom does not last forever and that house prices also subside.

The latest upturn is highlighting that, as with previous upturns, housing supply is unable to keep up with housing demand.

Immigration and demographics fuel demand for housing Master Builders Australia’s research shows Australia’s population growth, continued high levels of immigration, combined with demographic changes are major drivers of increasing demand.

These findings are backed up by similar findings from the Reserve Bank of Australia, Federal Treasury and various Parliamentary inquiries.

The undersupply of housing has led to, as in all cycles, a jump in house prices but the populist approach by the ‘commentariat’ is not helping to get our politicians focused on the real problem.

A complex array of structural impediments is standing in the way of supply being able to meet demand. These structural barriers are well known and include the full gamut of development approval processes for residential zoning, higher density developments, unreasonable developer charges and the thirdparty appeals process, among others.

There is no one-size-fits-all solution So what is the solution? There is no simple one-size-fits-all solution; the supply side problems that lead to deterioration in housing affordability are different between states and territories. Accordingly, Master Builders has called for the reintroduction of National Competition Payments (NCP) as one of the core reforms to free-up housing supply.

The NCP proposal involves the Federal Government paying state and territory governments for the permanent removal of structural impediments to housing supply that lead to significant improvements to housing affordability. Tinkering with foreign investment rules and negative gearing is, at best, tinkering at the edges and missing the point.

Master Builders has developed a multi-point, package approach to improve the housing affordability challenge in Australia.

In addition to NCP payments, the plan also calls for: • A rigorous and enforceable building code and regulatory system to ensure both the development and continuation of an efficient and competitive building industry.

• A commitment by federal, state and local governments to implement a coordinated and proactive housing affordability agenda.

• Streamlined and simplified development approvals processes.

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• Local councils to develop practical and achievable residential land release plans over a rolling 10-year-ahead timeframe.

• Annual publication of a national stocktake of developer and infrastructure charges levied by all local councils on both greenfield and brownfield developments.

Affordable housing must remain a policy priority Importantly, Master Builders’ housing supply reform proposals are designed to ensure the intergenerational home ownership gap does not widen for first-home buyers. Home ownership is an essential social and economic pillar that must be protected. Making sure that households have access to appropriate and affordable housing must remain a policy priority for all politicians, both at the federal and state levels.

Access to appropriate and affordable housing should also be a priority for public and social housing, where there is equal urgency for fundamental reforms to way housing is delivered in these sectors.

Master Builders is calling on all politicians and commentators to bring the focus of debate back to the ‘main game’, which is housing affordability and how to increase housing supply.

housing

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housing

TIME TO SHINE FOR NSW BUILDING AND CONSTRUCTION Over the coming decade, Master Builders Australia’s Building and Construction Industry Forecasts estimate that a cumulative $580 billion of work will be done in the industry in NSW NSW is enjoying a strong and long overdue housing upswing, as the First State fast becomes the next big building and construction hotspot.

In three years’ time the amount of building and construction work done in our state is expected to be worth a combined $50 billion.

From ‘basket case’, the state looks set to enjoy a time in the economic ‘sunshine’. Low interest rates, pent-up demand for housing, less exposure to the ending of the resources boom as well as a solid backdrop of political stability, have combined to turn around fortunes for NSW. Led by a stunning reversal of fortune in the residential building sector, the building and construction industry will continue to drive growth in the short-to-medium term. Furthermore, infrastructure projects and pockets of non-residential building should begin to take over as growth drivers.

Long-term prospects are good Long-term prospects for the Premier State are good. Over the coming decade, Master Builders estimates that a cumulative $580 billion of work will be done in the building and construction industry in NSW, with $220 billion of projects in the residential building sector, $122 billion in commercial building projects and $238 billion in engineering or civil construction.

This positive outlook for the NSW building and construction industry will be accompanied by jobs growth. Employment in the state's industry has moved higher, above the 300,000 mark in recent times. With an expected increase of 120,000 over the next 10 years, the level of NSW

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building and construction industry employment is tipped to reach a figure of 420,000 by 2024.

The outlook is therefore promising for most building and construction industry occupations during this time-span, particularly in higher skill categories, including construction managers and supervisors as well as skilled trades categories like carpenters and joiners.

Public investment to fuel growth and jobs High levels of state public investment will be an important source of growth and jobs over the coming years. Infrastructure projects like the North West Rail Link, WestConnex and NorthConnex road and tunnel projects as well as the CBD light rail plan will provide the state's economy with a massive boost.

NSW is also primed to take advantage of the Commonwealth’s Asset Recycling Initiative with the proposed sale (lease) of part of the stateowned electricity network business, flowing into an even higher level of infrastructure investment spending beyond 2017/18, which is likely to include further stages of the North West Rail Link involving a planned second harbour crossing.

The turnaround occurring in the state’s fortunes is remarkable. As a mature economy with less growth potential than the high-population growth and resource-focused economies such as Western Australia and Queensland, NSW suffered from previous underinvestment in infrastructure and chronically weak residential building. (See graph A)

housing Business-friendly politics put NSW ahead of the states Poor land release strategies, high and inefficient developer levies and a cumbersome development assessment processes, as well as political uncertainty and instability have damaged confidence. The state was left lagging in the economic development stakes for over a decade.

However, a more business-friendly political backdrop as well as strong pent-up demand for housing has seen NSW outperform traditional front-running states in the recent years, with little sign the momentum of growth is fading. Forecast growth is underpinned by the continuation of long-awaited improvement in residential building and pockets of growth in commercial and institutional building plus civil works construction.

For residential building, the low interest rate environment will continue to release pent up demand after a long period of underbuilding that occurred at the same time the state experienced strong population growth. NSW dwelling starts troughed at less than 25,000 five years ago, before clawing back some lost ground and surging in 2012/13 to 40,000 commencements with a further big jump to nearly 47,000 in 2013/14. This financial year, Master Builders expects close to 55,000

Graph A

dwellings will be commenced in NSW. The lift in dwellings completed will mean the supply of houses will meet the annual underlying population requirement for the first time in over a decade. (See graph B) Static growth forecast for non-residential building and engineering For the other two major sectors of NSW building and construction, nonresidential building and engineering construction, a relatively flat growth profile is expected over the next three or four years.

However, this will mask some significant changes for individual subsectors over the same timeframe. For example, the prospects appear positive for non-residential building sub-sectors of warehouses, entertainment, recreation and accommodation. In civil or engineering construction, the prospects look good in the road sub-sector and the rail sub-sector.

In conclusion, these encouraging signs for our building and construction industry are welcome and builders need to ensure they are well positioned to make the most of this housing upturn. (See graph C)

Graph B

Graph C

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housing has also been concern over the subsequent value of reports whereby inspections, as they have been proposed, would essentially be cosmetic or superficial inspections with the building already having been completed.

Based on existing examples, it is also likely that reports would be littered with disclaimers as a requirement of insurers when providing inspectors with necessary professional indemnity insurance cover.

Currently, property inspections are unregulated including the licensing of persons undertaking inspections, and the structure and content of reports. Pre-purchase property inspection licensing was removed in 2009 by then Minister for Better Regulation Joe Tripodi, despite protests from industry and the Home Building Service – an agency of Fair Trading.

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

With the return of the Baird NSW Government it is expected the new Minister for Innovation and Better Regulation, Victor Dominello, will be keen to get on with the strata reform process, which includes addressing defects in residential strata buildings.

is agreed to by the developer and Body Corporate. The final report verifies that any defects identified in the initial report have been rectified. Otherwise, the cost to rectify any outstanding defects would be funded from the defects bond.

Defects bond Previous roundtable discussions held on proposals for strata reform, included a controversial proposal to address defects in strata buildings with the developer's lodgement of a defects bond amounting to 2 per cent of the overall cost of the project. This is to be held in trust for two years, following completion of the strata project.

Master Builders strongly expressed its view the proposal was simply a "negative response" to regularly occurring defects in strata residential projects and does not proactively seek to address or prevent common defects as they occur during construction. It is estimated that up to 80 per cent of medium-density projects have defects, mostly related to waterproofing.

Release of the bond would be the subject of two defect reports by an inspector, which

Concerns have been raised over the independence, competency and accountability of persons undertaking inspections. There

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Independent scrutiny of construction work Through key industry groups, the building sector itself must do more to address the real and growing issue of defects in strata – especially multi-story residential buildings.

Defects are no longer isolated to defective work, but there is also a focus on the increasing problem of defective and nonconforming imported materials.

A proactive response from industry will also help address industry concerns over the expensive process of responding to “ambulance chasers” and defect claims, being served at the final hours of statutory warranty periods by lawyers, building consultants and property managers acting on behalf of owner corporations and unit owners.

In response to the issue, there is growing discussion on establishing independent onsite assessment during the construction process or rather, a return to having the former ‘clerk of works’ onsite.

Overseer proposed to revive Clerk of Works Traditionally, a Clerk of Works was a suitably qualified and experienced person representing the owner and architect to ensure work is carried out appropriately and according to the contract.

Up until the early 1980s, the appointment of a Clerk of Works was common especially on government projects controlled by Public Works. However, it was phased out with the introduction of ISO Quality Assurance programs.

Current discussions suggest it would need to be mandatory for medium-density housing developers to appoint an “overseer” or

housing “superintendent” for want of another name, who would remain onsite from commencement to completion to ensure work was completed to Code and of a suitable standard – with particular scrutiny of critical stages of work and known problem areas such as waterproofing.

The proposal would complement mandatory inspections by certifiers, and help certifiers rely on compliance certificates required to verify certain work or components are built to Code or Standard, with the added knowledge that a competent person has assessed the work.

It needs to be emphasised that inspections undertaken by accredited certifiers have nothing to do with the quality of work. Rather, the work is compliant with conditions of consent or approval and meets provisions of the National Construction Code.

It is recognised there is a cost involved with the proposal. However, discussions suggest such costs would be passed on to the end purchaser and be offset by less defects, maintenance costs and callbacks and reduced exposure for builders and certifiers.

There is also potential to counter the influence of developers to clamp down on project costs and force builders to take shortcuts. The proposal is suggested as a more proactive and practical response in respect to cost, than the cost and red tape involved with a defects bond.

Proposal is not new In the early 1990s the Building and Construction Council (BACC) developed a quality assessment scheme for mediumdensity housing in response to government pressure for greater urban consolidation and improving the quality of medium density housing rather than through regulation.

BACC was a not-for-profit industry organisation, which brought all key industry associations to the table, and had representation from all key industry related government departments and agencies.

Unfortunately there is no such body today, which brings together such wide industry and government representatives to the one forum.

The central feature of the BACC Quality Assessment Scheme was for appointment of an independent Accredited Quality Assessor, who provided a Certificate of Quality Assessment on satisfactory completion of the project. A quality Handbook and Guide was also developed with assistance and funding

from the licensing regulator at the time – the Building Services Corporation.

are consistently producing quality product with minimal defects.

Assessors would identify potential quality problems during the design and construction phases. A Certificate would only be issued when the Assessor was confident work was compliant.

The question is reasonable and there may, for example, be potential to consider “weaning” consistent performers off the scheme and subject them to random auditing from timeto-time.

The University of Technology, Sydney offered training to become accredited Assessors in conjunction with TAFE. Projects participating in the scheme were marketed with the Quality Scheme logo, so consumers could make an informed choice about construction quality.

The BACC, Quality Assessment Scheme was voluntary and some suggest this was key to its eventual demise. Furthermore, the tendency for developers to establish special project entities for the life of the project in order to minimise risk and exposure may have also been a contributor to the scheme's demise. Some developers' focus was to minimise cost during construction through shortcuts and screwing over builders and, in-turn, trade contractors.

The fallout was left with the carcass of the project vehicle, which was subsequently wound–up.

Potential barriers The success of a proposal for independent assessment of residential strata projects would most likely require it to be regulated as there is little expectation of widespread adoption through a voluntary scheme, as previously evidenced by the BACC scheme. The ability of assessors to obtain professional indemnity insurance cover may also be a significant issue.

Other issues to consider include accreditation of assessors to ensure competency, experience and expertise, and whether assessors should be appointed from a panel established by the government to ensure impartiality and prevent assessor-shopping.

Status quo will not remain The quality of strata projects will certainly change. We have no doubt whatsoever the NSW Government, through the new Minister, will proceed with reviewing strata law and addressing the quality of work – and the persistence of commonly occurring defects in strata building will receive attention.

Industry can sit on its hands and have government forced to regulate in order to address issues. The other option is industry can take the initiative and responsibility to put forward real and proactive solutions, which the industry can live with.

A comparison can be drawn with the recently introduced Statutory Trust Regulation for protecting retention money. The Collins Report on insolvency in the construction industry clearly revealed it was most likely that industry would have imposed on it statutory trusts.

Industry, as in leading builders and contractors, were repeatedly ask to provide viable alternatives if they did not want trusts. The response was silence.

Similarly, if industry does not provide viable and workable solutions to deal with defective work, and the general quality of medium-density development, the imposition of defects bonds will most likely become yet another burden.

The proposal for inspections and reports, associated with the proposed defects bond, raises similar issues regarding the independence and appointment of inspectors.

This is especially if the developer and owners corporation cannot mutually agree on an appointment. If this happens the proposed defects bond scheme allows the developer to default to Fair Trading or the relevant regulator to appoint the inspector.

It is also expected some medium-density developers/builders will question why they need to incur such added scrutiny when they

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

Master Builders Apprenticeship Service is able to assist contractors and organisations meet their obligations under the new NSW Government Policy on Aboriginal Participation in Construction.

The policy can be read in full here: www. procurepoint.nsw.gov.au/sites/default/files/ documents/apic_policy_1_may_2015.pdf Please refer to Master Builders Magazine Issue 1, 2015 for the full details.

The Policy applies to all government construction projects for contracts signed on or after 1 May 2015, that meet the criteria.

Construction includes building maintenance and civil engineering. Construction-related support activities, such as financial, advisory, architectural and professional services may also be included where considered appropriate to achieve policy goals.

Construction projects that are jointly undertaken with the private sector are included in this policy, as are projects undertaken on land not owned by the government or where the built asset will be owned by a nongovernment entity.

Master Builders Apprenticeship Service can assist with the engagement of Aboriginal people as a recognised group training company as noted within the Policy as a direct employment or education activity.

Master Builders Apprenticeship Service is able to provide Aboriginal apprentices and trainees in a range of trades and qualifications including carpentry, bricklaying, formwork/falsework, civil and business-related qualifications.

Master Builders Apprenticeship Service makes this process easier for Contractors and Organisations by taking responsibility for the following on their behalf.

We will: • recruit, select and prepare Aboriginal apprentices or trainees for work • arrange pre-placement medicals and provide personal protective equipment prior to starting onsite • manage offsite training of the apprentice or trainee through a registered training organisation • take responsibility for registration of the training contract • administer and manage paperwork connected with apprentice and trainee wages, allowances, superannuation, entitlements, such as annual or sick leave and all other employee benefits

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• manage worker’s compensation liability for apprentices and trainees, including return to work plans • provide ongoing support and mentoring through onsite visits and working with Aboriginal mentors • offer an all-inclusive hourly rate for ease of quoting • work with the apprentice or trainee to find the next opportunity, if your position is less than full-term Master Builders Apprenticeship Service is committed to making this a simple and easy process for you.

For further information on how we can assist with your Aboriginal Participation Plan: Phone: 02 8586 3533 Website: www.mbansw.asn.au/ apprenticeship

apprenticeship

MASTER BUILDER APPRENTICE – MARCUS HAJJAR Perry Wynn, Master Builders Apprenticeship Services Coordinator, sat down with one of our fourth-year apprentices to find out more about his career journey. forming-up walls and columns.

“I moved up from that and worked for one of the biggest Formwork companies in Australia on a $2.5 billion job in Darling Harbour.

“I really enjoy having the job security of being employed by Master Builders and have never had an issues with pay or trying to find work.

Working for different companies has taught me a lot of different skills and I have learnt a lot more about the industry, and dealing with clients and builders onsite.”

Even when times were tough and Marcus felt he was not being treated right, Master Builders Apprenticeship Service was always on his side.

I recently had the pleasure of speaking with a Master Builders apprentice and realised he had an interesting story that was worth sharing.

Marcus Hajjar is a fourth-year apprentice carpenter, employed by Master Builders Apprenticeship Service. He joined the MBA on 14 March 2014 He decided to leave school at 17 because he was advised that ‘school was not for him’. The careers advisor thought he would be better suited to an apprenticeship.

“I started a shop-fitting apprenticeship when I left school. I was mainly assembling flat pack kitchens from China," Marcus said.

"It was not really my thing so, after 18 months into my apprenticeship, I met a young carpenter onsite. I then started an apprenticeship in carpentry with him doing mostly framing and decking work.”

Marcus worked all over Sydney for about 18 months, but the builders he was working for had trouble getting paid by clients on time.

This had the flow-on effect of Marcus not being paid on time. This is particularly hard on a young apprentice.

“I left that company and started working for another building company that did maintenance and renovations for the Aboriginal Housing Commission," he said.

"The builder started going bust and not paying his tradesman or apprentices. I left with the tradesmen as they started up their own company.

"We worked on many bathroom renovations and new home developments. I realised I had to find something else if I wanted to be a better carpenter and obtain my builders license."

Marcus called Master Builders Apprenticeship Service and came in for an interview.

"They were very helpful and gave me a start within two weeks of calling them,” he said.

“I worked with an older builder and an architect doing a big extension in Newtown, and learnt a lot of new skills and really enjoyed my time there.

"Unfortunately, that job ended so Master Builders found me a job with a formwork company on a commercial site. I learnt a lot about a different side of the construction industry, monitoring concrete pours and

"They always made sure I got paid on time and found me new work if it was time to move on,” he said.

“I'm looking forward to completing my apprenticeship and progress in my career as a carpenter or builder.”

Although Marcus had a bit of a bad run before becoming a Master Builders Apprentice, he is now well placed with a large building company based in the Eastern Suburbs.

Marcus is completing his Certificate IV Building and Construction and plans to get his builder's licence in a couple of years.

Apprentices like Marcus make what we do at Master Builders Apprenticeship Service seem worthwhile. Helping them find a great tradesman to learn from, and watching them grow from apprentices to tradesmen themselves, is what employing apprentices is all about.

If you would like to learn more about Master Builders Apprenticeship Services: Phone: 02 8586 3533 Email: apprenticeship@mbansw.asn.au

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

emergency room, because it has past the opening hours for our local doctor. When I finally got through to the nurse she unwrapped it, was able to assess the damage and determine I had completely ripped-out my nail and broken my thumb.

I had to wait a couple more hours before the x-ray finally show I had a complete crack that went across the knuckle from the top to bottom phalanges. I had to wait for a hand doctor who once again assessed it, dressed it and gave me a splint to support my thumb.

The next day I called Master Builders Apprenticeship Service, hand specialists, my GP, the physio and my training employer to give details of what happened, how and when it happened and how long the rehabilitation period will be.

My accident occurred on 12 February 2015, when I worked with my training employer onsite at a Housing Commission property. At the time I was replacing two doors that had been damaged due to wear. When we were almost finished the job, my boss asked me to clean-up while he painted the door.

I started by sweeping up the sawdust and picking up all the offcuts from the doors. Then to finish off and make sure the area was clean, I picked up the electric blower. Somehow my thumb was sucked into the air-intake system of the blower while it was running.

I called-out to my boss and then washed the wound while he got the First Aid Kit. My training employer put a dressing on my thumb before wrapping it in a bandage to stop the bleeding.

The boss quickly finished-up to make sure the site was safe, then took me back to my car. I went home to tell my parents what had happened and they took me to the hospital

My specialist and GP told me I must rest for the week and visit the physio twice a week.

During this week WorkCover called me and wanted to know details of the injury.

When I was finally upgraded to suitable duties by my treating doctor, Master Builders Apprenticeship Services made arrangements for me to work in their office. For the next couple of months I worked light duties in the office, firstly at Master Builders' head office in Forest Lodge because I could not drive my car and was relying on public transport from Barden Ridge. It was not difficult to get there.

When the work was finished, I ended up catching two trains and two buses to reach the Education Centre in Baulkham Hills.

The duties in both offices involved making folders and contract bundles, scanning documents, writing-up apprentice profiles and anything else the team needed me to do. I became skilled at attaching these documents to the CRM (Customer Relationship Management System).

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During this time I was still visiting my hand specialist, GP and physio to improve and progress my recovery.

After two months my splint was removed and a couple of days later, I got used to using it again and gained confidence in using my thumb.

During these months of working with the Master Builders Apprenticeship Services Team, I have made many mates in the workplace, learnt a little about office work and what it entails, and now understand how much work these people put into make sure we have a safe, productive and positive apprenticeship experience.

Most of the time the work was a little repetitive and boring, but the team always found a way to make my day with smart and cheeky remarks. There was the casual joke and constant nagging of apprenticeship field officer Ben Mitchell telling me that I am late or taking too long for a lunch break. However, I redeemed myself by baking the best cake ever made for the team.

I thank the Master Builders Apprenticeship Service for the support and patience they gave me for the duration of my visit.

Side note: Master Builders heard from a good source that Blake’s sister helped bake the cake. Thank you, it was really yummy!

To find out how to become a Master Builders Apprentice, call 02 8586 3533.

WC01589

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

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

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

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

This decision was overturned on appeal by a full bench of the FWC, which held that the zero tolerance drug and alcohol policy was highly relevant, and the absence of proven impairment of Mr Toms was not. It identified that the core issue to be addressed was Mr Toms’ “deliberate disobedience, as a senior employee, of a significant policy,” rather than whether his drug use had a demonstrated or likely bearing on the incident.

Federal Court appeal is rejected Mr Toms appealed to the Federal Court, arguing that the FWC full bench decision had been affected by jurisdictional error. The Federal Court rejected this argument, finding the FWC full bench had made valid findings in relation to the errors of Deputy President Lawrence’s original decision-making process.

Photographer: Gordon Bell / Shutterstock.com

The Federal Court has endorsed a decision of a Fair Work Commission (FWC) Full Bench to overturn the reinstatement of a Sydney Harbour ferry master, who failed a drug test after a ferry under his control struck a wharf pylon.

The decision is positive news for employers who seek to rely on full compliance with zerotolerance drug and alcohol policies.

In July 2013 Mr Toms, a ferry master employed

by Harbour City Ferries Pty Limited, agreed to attend work to replace another employee on an afternoon shift. While on duty, Mr Toms misjudged an approach to a wharf and the ferry struck a pylon.

Employee smoked marijuana to relieve pain No one was injured, and no serious property damage was sustained. Mr Toms was, as a matter of routine, required to take a drug test.

When the drug test returned a positive reading for cannabis, Mr Toms admitted that he had smoked marijuana the previous evening to relieve pain for an injured shoulder.

Harbour City has a zero-tolerance policy for drugs and alcohol, meaning that employees must not register a positive result in a drug test that exceeds the relevant Australian Standard.

Mr Toms was suspended immediately, and, after further investigation, was dismissed with five weeks’ pay in lieu of notice.

Mr Toms brought an unfair dismissal application in the FWC, seeking reinstatement. Originally, Deputy President Lawrence in the FWC found in favour of Mr Toms, concluding that even though he had “undoubtedly” breached the company’s drug and alcohol policies and procedures, the dismissal was unfair.

Taking into account all relevant facts pertaining to this case and bearing in mind the object in the Fair Work Act 2009 (Cth) of ensuring a “fair go all round”, Deputy President Lawrence found that a positive drug test was not proof of impairment, nor was there evidence of a link between the drug use and the incident.

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It noted the FWC is not required, when making a determination as to whether a dismissal is “harsh, unjust or unreasonable” to take into account every single factor that could possibly tip the balance in favour of an employee.

Rather, the FWC is entitled to approach its task by focusing on considerations it considers to be relevant, while also complying with the criteria for considering harshness.

Implications for employers are far-reaching The endorsement by the Federal Court of the FWC full bench decision is positive news for employers with zero tolerance drug and alcohol policies.

An employer, particularly where public safety is involved, can require strict compliance with appropriate drug and alcohol policies, without being required to determine that a related safety incident was caused by an employee’s impairment.

workplace health & safety

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

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

The Master Builders Association of New South Wales (MBA) Safety Network held a Safety Network Briefing on 14 May 2015 to keep members and their site personnel informed of updates and changes to Health and Safety Legislation, Workers Compensation, Injury Management. The briefing, which originally began in 2006 was hailed as a resounding success and well received by some 80 attendees at the Bankstown Sports Club.

heights and a crane fire where the computergenerated imagery took us to live links of related news articles. The 4D presentations raised numerous questions from the audience about possible uses for the apps and programs within the building and construction industry. This resulted in some very interesting discourse, surrounding the integration with inductions, emergency evacuation, training and online registration.

The day kicked off with an influential line up of guest speakers in the building and construction industry, led by Pro-Visual Media CEO John Hutchings who delivered an interactive presentation on augmented reality. This defines a technology that superimposes a computergenerated image on a user's view of the real world, thus providing a composite view.

Taskforce to deliver asbestos action plan Loose Fill Asbestos Insulation Taskforce director Peter Robinson delivered an excellent presentation about the status of the WorkCover program.

John gave excellent examples of augmented reality including a scaffold collapse, falls from

affected properties. The taskforce is charged with developing a comprehensive action plan to advise the State Government on the most appropriate solution to the loose fill asbestos issue in NSW. Until the 15th of August 2015 owners can have free testing done by registering online or phoning 137 788. The taskforce will develop and recommend an appropriate evidence-based strategic and practical implementation approach. The presentation covered the following topics: What is loose fill asbestos insulation? Taskforce role and members, financial assistance packages, where to find loose fill asbestos plus training and safety precautions.

On 19 December 2014, the New South Wales Government announced the establishment of a Loose Fill Asbestos Insulation Task Force, and a comprehensive assistance package for owners and residents in loose fill asbestos-

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workplace health & safety New international standard for safety management systems MBA Executive Officer – Safety David Solomon has revealed the status of the new international standard for safety management systems ISO45001. ISO 45001 is currently at the committee draft (CD2) stage of development, the first consultation phase.

During this stage, the countries (ISO members) that have chosen to participate in the standard's development have two months to form a national position on the draft and comment on it. Voting closed on 5 June 2015.

ISO 45001 is being developed by ISO project committee ISO/PC 283, Occupational health and safety management systems. Ninety delegates from over 70 countries will meet at the fourth international meeting of the Working Group ISO/PC283 in Dublin, Ireland to disposition comments from around the globe in an attempt to move to Draft International Standard (DIS).

How does ISO 45001 relate to other standards? ISO 45001 follows the high-level structure approach that is being applied to other ISO management system standards, such as ISO 9001 (quality) and ISO 14001 (environment). In developing the standard, consideration has been given to the content of other international standards (such as OHSAS 18001 or the International Labour Organization’s “ILO –OSH Guidelines”) and national standards, as well as to the ILO’s International Labour standards and conventions (ILSs).

Those adopting the standard, once it has been published, should find its requirements consistent with the other standards. This will allow for a relatively easy migration from using an existing OH&S management system standard to using ISO 45001, and will also allow for the alignment and integration with the requirements of other ISO management system standards into their organisation’s overall management processes. ISO45001 is due to be published sometime in 2016.

Panel explores permanent incapacity injuries A discussion panel moderated by David Solomon heard a number of presentations, including Professor Dennis Else, executive director – sustainability, safety and health at Brookfield Multiplex who delivered a captivating presentation covering themes. These included the control of fatalities and permanent

incapacity injuries, needing maximum focus upstream on design, planning and re-planning, Focus on Lost Time Injuries (LTIs) and Total Recordable Injury Frequency Rate (TRIFR) distracts attention from the management of controls for fatalities and permanent incapacity critical risks.

Professor Else urged attendees to seize the huge opportunity to reduce the number, length and complexity of Safe Work Method Statements (SWMS) – and increase discussion about work to be done and work to be completed. He suggested having a greater focus on evidence of the myth of the safety pyramid and to beware of the fallacy of thinking if we control the causes of first aid injuries we will control the causes of fatalities.

A study of fatality and accident rates in the Finnish construction industry over 15 years showed the fatality rate in the construction industry increased when the accident frequency declined. This was reflected in evidence from the American Journal of Industrial Medicine 56:509-519 (2013) that showed states with low non-fatal injury rates experienced high fatality rates and vice-versa, indicating an inverse relationship between injuries and fatalities.

In the construction sector, states of America with highly fatal injuries had low rates of non-fatal injuries. The converse was also true.

Those states with lower fatal injuries had higher rates of these non-fatal injuries. This concluded that fatality rates appear to be a more valid measure of risk.

This presentation posed a question many of us in the building and construction industry ask: Why is there such a focus on lag indicators such as lost time indicators? Leadership focus should encourage more conversations with people, such as are the critical controls in place and working well? What else worked well? What did not go according to plan or was difficult or frustrating? What could have gone better? What can we do to improve things around here? The feedback about Professor Else’s presentation was resoundingly positive.

Reality of officer's duty expounded Siobhan Flores-Walsh, Partner at Corrs Chambers Westgarth's Workplace Law Practice, presented on key issues facing the building and construction industry such as: What is the officer’s duty? Is there an emerging defacto immunity from prosecution for officers?

Should the directors and officers of construction

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companies be lobbying for an explicit ‘client’ duty under workplace health and safety (WHS) laws? Are there key compliance actions for officers? What are the key WHS issues for officers and their organisations?

The reality of the officer’s duty was expounded to the audience via key focal areas, including that directors and officers should not be lulled into a false sense of security. Importantly, many safety issues arise well before the construction work begins, in the procurement and project planning stage.

Directors and Officers have significant personal compliance, which is just beginning to be considered by the Courts. Board and officer awareness of their personal liability is low, so what does this mean for the directors and officers of construction organisations? For over two years officers have been required to exercise due diligence to ensure their companies fulfil their WHS duty, with officers policing their company's compliance.

Regulators are likely to look primarily to those involved in the construction phase when an incident occurs – construction companies and their officers. The need to be compliant with WHS governance duty, the officer’s duty (section 27 of the WHS Act), is more critical than ever.

Possible causes of work-related injury are 'concerning' The topic of main possible causes of work related injury in the workplace, nominated by employers and work was a main area of concern. Perceived causes of injury by employers and workers were astounding with 'worker carelessness' perceived by employers at 69 per cent and workers at 42 per cent. This statistic is compounded by a separate category called 'just not thinking', which was perceived by employers at 41 per cent and workers at 32 per cent.

Considering the categories are not dissimilar it begs the question why Safe Work Australia separates them?

Regardless of employer or worker perception, workers are the single biggest causes of injury to themselves, with the next closest category of 'risk taking' lower with 58 per cent perceived by employers and 59 per cent by workers.

Surely education is the key to lowering these horrifying statistics.

workplace health & safety More 'inclusive' approach urged The third panel speaker was Laurice Temple, CEO at National Association of Women in Construction (NAWIC). Laurice provided an all-inclusive approach to a new direction NAWIC is taking to the current state of the construction industry. NAWIC’s mission is to champion and empower women in the construction and related industries to reach their potential. Initiatives include education programs and seminars, networking events – panel discussions and guest speakers, mentoring programs, awards and community engagement.

These networking events are designed to champion and empower women in the construction and related industries to reach their potential. Other initiatives include advocacy on behalf of women in construction, partnerships with associated industry groups and associations with compatible goals, Scholarships, marketing and sponsorship activities, regular newsletters and international links.

Presently, the building and construction industry is not a very inclusive industry. There is a need for greater use of new technologies such as 3D printers, gamification, augmented reality and robotics, among others. There is very little flexibility in the workplace with more than a 28 per cent gender pay gap.

A large percentage of the industry population is about to retire in 2020 and beyond. Only 16 per cent are women working in the industry and there is little to no opportunity for men to openly work flexibly with one in five aged under 35 saying they want a more flexible workplace.

Over 70 per cent of people in all industries are not currently feeling empowered enough in their roles, and construction has one of the highest depression and suicide rates in employment.

Tackling 'unconscious bias' is the key What does NAWIC propose to do about the future of the construction industry?

Tackle unconscious biases and do not let behaviours that fail to align to your company culture go “unnoticed”.

Support people who show courage about leading in this space. Support people are afraid to speak up, harbouring feelings and becoming increasingly agitated depressed and unmotivated. We all have a role to play, embarked upon by being leaders in championing change together, create these conversations for the health and wellbeing of our industry and encourage, embrace

and reward your teams being champions of change. Commit to changing not waiting for someone else to do so!

Why change? Greater engagement equals a healthier and safer industry. To this end, NAWIC are holding a Champions of Change National Conference in Melbourne, from 8 to 9 October 2015 called “Building a Better Future”.

Fatality rate has dropped considerably Peter Dunphy, executive director of the work health and safety division at WorkCover NSW, gave the audience an insight to the current state of play through the eyes of the regulator providing information indicating that the NSW fatality rate had dropped considerably over the period from 2011 to 2013. The industry ranked third in the statewide fatality rate behind transport, postal and warehousing while agriculture, forestry and fishing recorded the highest level of fatalities in the First State.

Interesting research undertaken by WorkCover NSW identified the four most common causes of injury in the NSW construction industry.

Muscular stress while lifting or handling objects is the most common cause of injury, closely followed by people being hit by moving objects. Falling from heights is the third-most common cause of injury and was discussed at length in relation to the correlation between falls in residential construction work as opposed to falls in commercial work, with the general consensus noting awareness needed to be raised in the housing sector.

from the floor, all of which generated excellent discourse and provided an opportunity for attendees to seek advice directly from industry leaders.

A common message from all presenters was the 'face of safety' needs to change. Namely, the industry needs to stay ahead or at least keep upto-date with the fast moving pace and direction of the building and construction industry.

Builders know they work better together, which is exactly what the industry needs in order to change the present culture of safety for the betterment of our industry’s future. This can be achieved through holding dialogue with work mates, colleagues, staff, management or maybe the person working next to you.

MBA thanks all those who gave up their valuable time to present, attend and interact at another positive Association initiative to increase the awareness of safety in the building and construction industry.

Hence, the current programs WorkCover are running emphasise this issue. The fourth common cause of injury recorded was falls from the same level. Another supportive piece of research indicating workers cause the greatest harm to themselves, as all four common causes of injury can be attributed to worker carelessness and simply not thinking before one acts.

Harm prevention is a must Peter also discussed some more recent harm prevention initiatives that WorkCover NSW is undertaking throughout the state, including glass and glazing safety workshops, house construction demonstration day, safer communities and safer towns, emergency response and safety, health and recovery at work.

As moderator Solomon fielded audience questions and interaction with the panel members. He handled numerous questions

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TAX BREAK FOR BUILDERS CAN ONLY BE CLAIMED ONCE NEW LAW TAKES EFFECT The Australian Taxation Office (ATO) says eligible builders and construction businesses will have to wait until new legislation comes into force to claim new tax deductions for asset purchases worth up to $20,000.

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

The new measure, announced in this year’s Federal Budget, applies to businesses with an aggregated annual turnover of less than $2 million.

They can claim for purchases made from the announcement of the measure in Treasurer Joe Hockey’s budget address on 12 May 2015.

The under $20,000 limit applies to 30 June 2017 when it will be reviewed.

ATO Assistant Deputy Commissioner Judy O’Connell’s advice to eligible builders and those with small construction businesses is “keep your receipts in a safe place”.

“Those records of purchase will be vital for those claiming, and the ATO will be monitoring claims and following-up “high-risk” cases to ensure no one is getting an unfair advantage,” O’Connell said.

“If you are choosing to use the simplified rules assets costing $20,000 or more will need to be pooled and depreciation claimed at 15 per cent in the first year and 30 per cent for each year thereafter.

“And you will need to keep records of these purchases as well.”

O’Connell says the immediate asset deduction applies to new, used or second-hand assets but cannot be claimed on: • assets leased to other businesses or individuals • horticultural plants, which are subject their own ‘uniform capital allowance rules’ • capital works subject to their own ‘capital works’ depreciation rules • assets in a ‘low value’ or software depreciation pool

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• assets for primary production where you have chosen to use the normal depreciation rules rather than the simplified depreciation • assets for research and development “And you need to remember you can only claim a deduction to the extent that the asset is used in your business for earning income,” O’Connell said.

“The assets to which the immediate deduction applies include motor vehicles, furniture, machinery, tools and equipment, as long as it cost less than $20,000.”

Once the law is enacted, claims can be made on your business tax return as is currently the case for depreciating assets.

finance “If you’ve got any questions, our online Small business assist interactive tool (www.ato. gov.au/business/starting-and-running-yoursmall-business/in-detail/small-businessassist) provides easy access to information,” O’Connell said.

“You simply type in a question and it provides information from a range of websites.

“Best of all, you can access it using the free ATO App (www.ato.gov.au/general/onlineservices/use-online-services/general-services/ ato-app) for smart phones and tablet devices, so you can access the information you need, anytime, anywhere.

“That’s particularly helpful if you are working on building and construction sites.

“The ATO App also lets you check if your suppliers are registered for GST, get reminders for important lodgement and payment dates or book an after-hours call-back from the ATO, so you are free to get on with business during business hours.”

O’Connell also recommends subscribing to the ATO’s online Small business newsroom (www. ato.gov.au/newsroom/smallbusiness/general/ welcome-to-the-new-small-business-newsroom), which can be accessed using the ATO App. “It gives you the latest tax and super news and alerts and will let you know when the $20,000 immediate asset deduction law comes into force, so you can start claiming,” she said.

For more information go to the ATO’s alert on the immediate deductibility of assets: Phone: 13 28 66 Website: www.ato.gov.au

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

Australian SME exporters have three things in common – they are creative, confident and optimistic. And while they continue to win contracts against global competitors, many find it difficult to access the finance they need to secure these opportunities.

A high-profile contract This company’s loan was approved just a few days after the product was launched, providing it with the additional working capital it needs to fulfil two significant export contracts to United Kingdom-based companies.

It is a topic that often comes up in Efic’s conversations with SMEs and is something that consistently holds these SMEs back from competing internationally.

The first of these involves the company designing a waste-treatment process that can be used to clean up toxic and hazardous waste storage sites by treating and disposing of the contaminated waste material.

The good news is that recent legislative changes have improved this situation, and will allow Efic to help more SME exporters access the finance they need to succeed overseas.

Helping more SMEs In response to these legislative changes, Efic introduced the Export Contract Loan, a flexible loan product with a streamlined application and approval process.

It will make it easier for SME exporters, and those in export supply chains, to access the finance they need when their bank is unable to help.

A number of clients have already benefited from this with one of the first being a Victorian technology advisory and research firm.

The second contract involves providing an at-scale demonstration of the chemical process technology for treating and packaging toxic and hazardous wastes.

Once the company has designed these waste treatment processes, it has a strong chance of using this technology to secure a significant pipeline of supply contracts in the UK and the United States.

An ongoing challenge While this company’s bank is supportive of these contracts, it required further tangible security before approving the additional funding needed to meet the significant upfront research and material costs.

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This lack of tangible security, such as ‘bricks and mortar’ collateral or inventory, holds many exporters back from receiving the finance they need to fulfil important contracts.

This is especially the case where an SME’s competitive advantage is intangible intellectual property, something banks often find difficult to value and therefore lend against.

Fortunately, Efic were able to support this company with a $300,000 Export Contract Loan, allowing it to pay its upfront costs and fulfil this high-profile research and development contract.

Like more information?

Efic is committed to unlocking finance for export success.

To learn more about how Efic could help your business: Phone: 1800 093 724 Email: info@efic.gov.au

insurance

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

The New South Wales Government is making changes to the Home Building Compensation Fund from the 4th of August 2015.

can start their next job within their limits. The current projects will stay open until the builder supplies a completion date.

These changes have been made to align with the introduction of a new cloud-based information technology (IT) system called CIMS via SiCorp, to better manage the State Government-backed Home Building Compensation Fund. It replaces existing IT systems used by insurance agents.

Construction limits will be indexed Construction limits will be indexed based on the value of the largest job a builder has completed in the past four years. For example, if a builder’s construction limit was set at $400,000 four years ago, their new job limit will be set to $480,000.

Reforms will cut red tape for builders and increase their ability to work, without affecting consumers’ rights to make claims for compensation under the Fund.

Flexibility for 20 per cent above current limits has been built into the system. For example, if a builder’s limit is set at $480,000 the system will pass a $570,000 project automatically without triggering a review.

Annual limits replaced SICorp has listened to industry feedback and will replace current annual limits that restrict how much work residential builders are able to do each year. New limits will be based on the number and value of ‘open jobs’ that each builder has under construction. This means builders can apply for additional insurance on new projects as others are completed. CIMS will monitor projects in real time.

Completion dates will be pre-populated CIMS will go live with pre-populated completion dates calculated from available data to give the starting position of each builder’s utilisation and unused limits.

A builder who builds $3 million houses with an average completion rate of two years will have a higher open job limit than a builder who does mainly $30,000 bathroom renovations, which may only take a few weeks.

The annual CPI indexation of limits will continue.

New open job limits will be confirmed Your intermediary will soon contact you with your new open job limits and assumptions used in the calculation.

A builder can request a review of their job limits and a profile change, if any party is not convinced it is a true reflection of their work.

Current broker relationships could change Check with your intermediary if they can still offer the product and, if not, ensure they have made arrangements with an intermediary who can.

SICorp has also tried to improve the services offered by insurance brokers to builders. Small brokers will need to work through a larger specialist broker. Brokers will also be given greater authority to collect completion data, process calculations and policy amendments.

The HBCF website will be updated with approved brokers who are fully trained in CIMS. MBA Insurance Services remain committed to providing builders and members of MBA NSW with a quality service that assists builders in obtaining and managing the requirements of the Home Building Compensation Fund.

For ongoing updates, information or assistance in managing your ongoing eligibility requirements: Phone: 02 8586 3555 Website: www.mbais.com.au

Non review thresholds have been raised SICorp can now raise the threshold for builders without requiring financial review, as actual completion times are a more reliable indicator of small builder performance.

This means many more small builders will not be subject to an annual eligibility review, and can focus on building without back-of-office administration. This will also help increase business activity and job creation.

Once a builder has finished a project, issued the last client invoice and submitted the completion date to their intermediary, they

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legal

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

By Rachael Miles, lawyer at Gillis Delaney Lawyers

Historically, the legal authorities in respect of the provision of negligent advice by building experts causing personal injury or physical loss were often focused on the element of reliance on the advice as a fundamental requirement in cases of damage resulting from negligent advice being restricted to pure economic loss.

However, the Courts have been reluctant to expand the scope of a building expert’s responsibility on the grounds of public policy, even where there is an element of reliance – citing this as too weighty a burden on building professionals.

That view is reflected in the recent Court of Appeal decision Delaney v Winn [2015] NSWCA 124, which considered the ambit of the duty of care owed by building consultants in respect of the provision of advice to prospective buyers of a property where the buyers rely on that advice when making their decision to purchase the property.

The Delaneys brought a claim for damages and equitable compensation against their building inspector on the basis of breach of contract, and breach of a “contractual duty of care” after they purchased a property in September 2006, and sold the property at a loss at a later time after the property proved to be in poor condition.

Building inspection would be undertaken as a 'standard report' Prior to purchase, as is common the purchasers arranged a property inspection,

which was undertaken by an entity trading as “Graphic”. Graphic procured the services of “facility solutions” to undertake the building report component, which was completed following a building inspection undertaken by Mr Winn, a director and employee of Facility Solutions. The understanding was the building inspection would be undertaken as a ‘standard report’, in accordance with the applicable Australian Standards.

copy of the finalised report on that occasion, but at the hearing he could not recall if he had read the finalised report at the inspection.

Evidence was led that the process for preparation of the building report was for Mr Winn to undertake the visual inspection of the property and dictate his notes into a proforma building report prepared by Graphic that conformed with Australian Standards. The report was then finalised by Graphic. Mr Winn was not given the opportunity to review or sign the completed report.

The Delaneys argued the true facts were that: Among other defects, the house had cracks in all areas and in every single wall; there had been repairs made in order to sell the property and damage had been patched to make it “look all right”; there were amateurish repairs to major cracking in the foundation wall; there was no provision for drainage away from the house at all; and there were defects in the paving that directed stormwater onto the footings and walls.

On the coversheet of the report prepared for the Delaneys, the completed report noted that the property was “generally in good condition”.

No issues were identified that required immediate attention or rectification.

There was a standard clause at the end, which noted the report: “... is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. Whether or not a defect is considered significant or not, depends, to a large extent, upon the age and type of the building inspected ... It is not a structural report. Should you require any advice of a structural nature you should contact a structural engineer.”

Uncertin if he had read the finalised report Several weeks after the report was completed, Mr Winn attended a site inspection with and at the request of one of the Delaneys, provided advice in relation to building issues. There was evidence that Mr Winn was provided with a

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The Delaneys alleged that a number of cracks had been present in the walls of the property during the building inspection and subsequent inspection, in addition to other alleged latent defects. In April 2007, following heavy rain in the area, the cracks began to expand.

In the outline of oral submissions handed up on the appeal, the appellants’ claim was described as including allegations of “under-reporting, understatement and failure to alert to defects that would cause the property to deteriorate”.

Property was sold for $43,000 less than the purchase price The Delaneys ultimately sold the property for approximately $43,000 less than the original purchase price.

At trial, the Delaneys argued that Mr Winn had failed to disclose in his report the significance of a number of cracks in the walls of the property, and the inadequacy of some of the temporary “repairs” of the cracking that had been undertaken prior to purchase.

It was alleged that in those circumstances it had not been open to Mr Winn to conclude that the condition of the property had been

legal “good”. The Delaneys had relied on Mr Winn’s report in their consideration of whether to purchase the property at the selling price.

The Delaneys claimed they would not have purchased the property, if Mr Winn had of provided the proper advice.

Justice Finnane of the District Court found that there was no breach of contract, as there had been no contract between the Delaneys and Winn, as well as no “breach of contractual duty of care” – better described as “negligent misstatement”.

Mr Winn’s duty of care owed to the Delaneys was simply to carry out an inspection in accordance with the Australian Standards. As Mr Winn had complied with the requirements of the Australian Standards, his Honour found that there had been no breach of the duty of care, and the claim was dismissed.

On the appeal before Chief Justice Ward and Justices Emmett and Gleeson of the NSW Court of Appeal, it was argued by the Delaneys that Mr Winn owed a duty to take reasonable care in giving advice in one transaction that extended over both the provision of the report, and the provision of oral advice at the site meeting. It was suggested that by attending the site inspection with a copy of the report, Mr Winn had implicitly endorsed the contents of the report, and also breached his duty of care by failing to correct any inaccuracies that were in the building report.

The Court of Appeal’s first problem with these allegations was that they had not been pleaded in the Statement of Claim, which had simply alleged breach of a contractual duty of care to conform to the Australian Standards. Leaving the issue of the case being properly pleaded aside, the Court of Appeal sought to address the scope of any such potential duty by a reasonably competent building consultant in the provision of a building report and any subsequent oral advice, by reference to the Australian Standard.

Report should not be seen as a reasonable attempt to identify defects Relevant clauses of the Australian Standard stipulated that any building report purporting to conform to the Standard “should be seen as a reasonable attempt to identify any significant defects visible at the time of the inspection”.

“Significant” within the meaning of the standard was referred to in the standard as depending “to a large extent upon the age and type of

building”. The standard required an inspection and assessment of the “general condition” of particular parts of the building exterior including masonry walls, for defects, including cracking ... and for differential or rotational movement”.

Mr Winn had given evidence at hearing that it was typical for buildings of the type purchased by the Delaneys to have some cracking present, particularly in the location conditions. He deposed that he had evaluated the cracking at the time of the inspection, and considered it “superficial and minor”.

In addition, in his oral advice at the site meeting, Mr Winn had noted in respect of the cracking in the retaining wall of the property that a structural engineer might need to engage a geotechnical engineer for a second opinion. This same advice had also initially been dictated after the initial inspection but, for unknown reasons, was not incorporated into the building report.

Property was 'below average' There was also some debate over the use of the word “good” in the context it was used in the building report. On behalf of Mr Winn it was argued that the use of the word simply confirmed that the property was “still standing”, and nothing more. At hearing, the Delaneys relied on an expert report undertaken after the water damage in April 2007, which criticised Mr Winn’s use of the term “good” as it suggested the property was above average when it was in fact “below average”.

Ward J noted: “The Australian Standard makes clear that a building report should not be seen as an “all-encompassing report dealing with a building from every aspect” but, rather, “should be seen as a reasonable attempt to identify any significant defects visible at the time of the inspection” (Australian Standard at 3.3). The significance of perceived defects was dependent on an assessment of matters such as the age and type of the building.

Clearly a building inspector is required to carry out an evaluative exercise in that regard and it is reasonable to assume that there would be scope for reasonable minds to differ in the assessment of the significance of perceived defects.”

to identify defects found after the 2007 event, rather than an expert report that commented on what a building inspector should have identified when completing the pre-purchase report and Dickinson expressed the opinion that the defects he had discovered should have been discoverable by Mr Winn.

Ward J noted: “The opinion as to whether the property was in good condition was an evaluative exercise, as was the attribution of significance to defects that were noted or as to the adequacy of particular matters such as surface water drainage. Mr Dickinson’s view differed from that of Mr Winn. His Honour (the Trial Judge) obviously accepted that Mr Winn’s opinion fell within the range of that which a reasonably competent building inspector might form bearing in mind that Mr Winn saw the property in dry conditions and before any water damage from the April 2007 rain had occurred. It cannot be said that his Honour’s conclusion, though briefly stated, was not open on the evidence.”

Expert report rejected The critical point was that the Delaneys’ expert report was rejected as being an example of the kind of advice that should have been provided

by Mr Winn to the Delaneys in a pre-purchase inspection report. The purpose of Dickinsons’ report, in contrast to Mr Winn’s report, had been to consider the appropriateness or otherwise of Mr Winn’s report, and not to provide a standard building report prior to a sale. It was therefore not an Australian Standard report.

It was open to the Trial Judge to conclude that Mr Winn had acted with reasonable care by providing a report, which conformed to Australian Standards and the Court of Appeal determined there had been no error by the Trial Judge.

Expert opinions do differ and evaluative judgements must be made by an expert. It is critical to understand the terms of the retainer of the expert to determine the duty of care owed. Here the expert was required to provide a report described by the Australian Standards as a “standard report” and the evidence demonstrated that the report provided met the Australian Standard.

In this case the complaint was Mr Winn’s assessment of the property as being in “good” condition was not reasonably open on the conditions that should have been observed by a competent inspector. The Delaneys relied on a report of Mr Dickinson which they obtained

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industrial relations

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

Members are advised that the Building and Construction General On-Site Award 2010 (the Award) and many Enterprise Agreements underpinned by the Award, provide employees with an entitlement to payment for lost time due to inclement weather.

The Award defines inclement weather as the existence of rain or abnormal climatic conditions (whether hail, extreme cold, high wind, severe dust storm, extreme high temperature or the like or any combination of these conditions), where it is not reasonable or it is unsafe for employees to continue working in those conditions.

The Award also provides that where an employee is not able to perform any work at any location because of inclement weather, the employee will receive payment at their ordinary time hourly rate for ordinary hours.

Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any four week period for each employee.

• In week 1, employees’ have 32 hours (4 days) inclement weather entitlement standing to their credit.

• In week 2, employees’ have 24 hours (3 days) inclement weather entitlement standing to their credit.

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• In week 3, employees have 16 hours (2 days) inclement weather entitlement standing to their credit.

• In week 4, employees have 8 hours (1 day) of inclement weather entitlement standing to their credit.

The following inclement weather calendar regulates how the 32 hours inclement weather payment operates over each four week period.

industrial relations

INCLEMENT WEATHER CALENDAR PERIOD COVERED 6-Jul-15 TO 25-Sep-16

In First Week Of Employment 32 Hours

PERIOD 1 Mon 6-Jul-15 Tues 7-Jul-15 Wed 8-Jul-15 Thurs 9-Jul-15 Fri 10-Jul-15 Sat 11-Jul-15 Sun 12-Jul-15

PERIOD 2 3-Aug-15 4-Aug-15 5-Aug-15 6-Aug-15 7-Aug-15 8-Aug-15 9-Aug-15

PERIOD 3 PERIOD 4 PERIOD 5 PERIOD 6 PERIOD 7 PERIOD 8 31-Aug-15 28-Sep-15 26-Oct-15 23-Nov-15 21-Dec-15 18-Jan-16 1-Sep-15 29-Sep-15 27-Oct-15 24-Nov-15 22-Dec-15 19-Jan-16 2-Sep-15 30-Sep-15 28-Oct-15 25-Nov-15 23-Dec-15 20-Jan-16 3-Sep-15 1-Oct-15 29-Oct-15 26-Nov-15 24-Dec-15 21-Jan-16 4-Sep-15 2-Oct-15 30-Oct-15 27-Nov-15 25-Dec-15 22-Jan-16 5-Sep-15 3-Oct-15 31-Oct-15 28-Nov-15 26-Dec-15 23-Jan-16 6-Sep-15 4-Oct-15 1-Nov-15 29-Nov-15 27-Dec-15 24-Jan-16

In Second Week Of Employment 24 Hours

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

In Third Week Of Employment 16 Hours

Mon 20-Jul-15 Tues 21-Jul-15 Wed 22-Jul-15 Thurs 23-Jul-15 Fri 24-Jul-15 Sat 25-Jul-15 Sun 26-Jul-15

17-Aug-15 14-Sep-15 12-Oct-15 9-Nov-15 7-Dec-15 4-Jan-16 1-Feb-16 18-Aug-15 15-Sep-15 13-Oct-15 10-Nov-15 8-Dec-15 5-Jan-16 2-Feb-16 19-Aug-15 16-Sep-15 14-Oct-15 11-Nov-15 9-Dec-15 6-Jan-16 3-Feb-16 20-Aug-15 17-Sep-15 15-Oct-15 12-Nov-15 10-Dec-15 7-Jan-16 4-Feb-16 21-Aug-15 18-Sep-15 16-Oct-15 13-Nov-15 11-Dec-15 8-Jan-16 5-Feb-16 22-Aug-15 19-Sep-15 17-Oct-15 14-Nov-15 12-Dec-15 9-Jan-16 6-Feb-16 23-Aug-15 20-Sep-15 18-Oct-15 15-Nov-15 13-Dec-15 10-Jan-16 7-Feb-16

In Fourth Week Of Employment 8 Hours

Mon 27-Jul-15 Tues 28-Jul-15 Wed 29-Jul-15 Thurs 30-Jul-15 Fri 31-Jul-15 Sat 1-Aug-15 Sun 2-Aug-15

24-Aug-15 21-Sep-15 19-Oct-15 16-Nov-15 14-Dec-15 11-Jan-16 8-Feb-16 25-Aug-15 22-Sep-15 20-Oct-15 17-Nov-15 15-Dec-15 12-Jan-16 9-Feb-16 26-Aug-15 23-Sep-15 21-Oct-15 18-Nov-15 16-Dec-15 13-Jan-16 10-Feb-16 27-Aug-15 24-Sep-15 22-Oct-15 19-Nov-15 17-Dec-15 14-Jan-16 11-Feb-16 28-Aug-15 25-Sep-15 23-Oct-15 20-Nov-15 18-Dec-15 15-Jan-16 12-Feb-16 29-Aug-15 26-Sep-15 24-Oct-15 21-Nov-15 19-Dec-15 16-Jan-16 13-Feb-16 30-Aug-15 27-Sep-15 25-Oct-15 22-Nov-15 20-Dec-15 17-Jan-16 14-Feb-16

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

PERIOD 15 1-Aug-16 2-Aug-16 3-Aug-16 4-Aug-16 5-Aug-16 6-Aug-16 7-Aug-16

PERIOD 16 29-Aug-16 30-Aug-16 31-Aug-16 1-Sep-16 2-Sep-16 3-Sep-16 4-Sep-16

In Second Week Of Employment 24 Hours

Mon 22-Feb-16 Tues 23-Feb-16 Wed 24-Feb-16 Thurs 25-Feb-16 Fri 26-Feb-16 Sat 27-Feb-16 Sun 28-Feb-16

21-Mar-16 18-Apr-16 22-Mar-16 19-Apr-16 23-Mar-16 20-Apr-16 24-Mar-16 21-Apr-16 25-Mar-16 22-Apr-16 26-Mar-16 23-Apr-16 27-Mar-16 24-Apr-16

16-May-16 13-Jun-16 11-Jul-16 17-May-16 14-Jun-16 12-Jul-16 18-May-16 15-Jun-16 13-Jul-16 19-May-16 16-Jun-16 14-Jul-16 20-May-16 17-Jun-16 15-Jul-16 21-May-16 18-Jun-16 16-Jul-16 22-May-16 19-Jun-16 17-Jul-16

8-Aug-16 9-Aug-16 10-Aug-16 11-Aug-16 12-Aug-16 13-Aug-16 14-Aug-16

5-Sep-16 6-Sep-16 7-Sep-16 8-Sep-16 9-Sep-16 10-Sep-16 11-Sep-16

In Third Week Of Employment 16 Hours

Mon 29-Feb-16 Tues 1-Mar-16 Wed 2-Mar-16 Thurs 3-Mar-16 Fri 4-Mar-16 Sat 5-Mar-16 Sun 6-Mar-16

28-Mar-16 25-Apr-16 29-Mar-16 26-Apr-16 30-Mar-16 27-Apr-16 31-Mar-16 28-Apr-16 1-Apr-16 29-Apr-16 2-Apr-16 30-Apr-16 3-Apr-16 1-May-16

23-May-16 20-Jun-16 18-Jul-16 24-May-16 21-Jun-16 19-Jul-16 25-May-16 22-Jun-16 20-Jul-16 26-May-16 23-Jun-16 21-Jul-16 27-May-16 24-Jun-16 22-Jul-16 28-May-16 25-Jun-16 23-Jul-16 29-May-16 26-Jun-16 24-Jul-16

15-Aug-16 16-Aug-16 17-Aug-16 18-Aug-16 19-Aug-16 20-Aug-16 21-Aug-16

12-Sep-16 13-Sep-16 14-Sep-16 15-Sep-16 16-Sep-16 17-Sep-16 18-Sep-16

In Fourth Week Of Employment 8 Hours

Mon 7-Mar-16 4-Apr-16 2-May-16 Tues 8-Mar-16 5-Apr-16 3-May-16 Wed 9-Mar-16 6-Apr-16 4-May-16 Thurs 10-Mar-16 7-Apr-16 5-May-16 Fri 11-Mar-16 8-Apr-16 6-May-16 Sat 12-Mar-16 9-Apr-16 7-May-16 Sun 13-Mar-16 10-Apr-16 8-May-16

30-May-16 27-Jun-16 25-Jul-16 31-May-16 28-Jun-16 26-Jul-16 1-Jun-16 29-Jun-16 27-Jul-16 2-Jun-16 30-Jun-16 28-Jul-16 3-Jun-16 1-Jul-16 29-Jul-16 4-Jun-16 2-Jul-16 30-Jul-16 5-Jun-16 3-Jul-16 31-Jul-16

22-Aug-16 19-Sep-16 23-Aug-16 20-Sep-16 24-Aug-16 21-Sep-16 25-Aug-16 22-Sep-16 26-Aug-16 23-Sep-16 27-Aug-16 24-Sep-16 28-Aug-16 25-Sep-16

WEEK AND CREDIT

In First Week Of Employment 32 Hours

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industrial relations

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

A Full Federal Court recently ruled that two housekeepers, who were pushed onto independent contractor arrangements, continued to be employees after the purported conversion.

The Full Federal Court decision adds to the law on the difference between employees and independent contractors, by focussing more closely on the definition of independent contractors.

Employees 'engaged' by labour hire firm Two housekeepers were engaged and worked as employees for Quest South Perth Holdings (QSP). In 2009, QSP advised the two employees they would be engaged by a labour hire firm called Contracting Solutions Pty Ltd (CS).

However, nothing else changed in the employees’ work arrangements. Following this, the Fair Work Ombudsman sought to challenge the legality of this arrangement in the Federal Court. Ultimately, three judges ended up deciding the case while convening at the Full Federal Court. In short, the three judges found the two housekeepers were not running their own businesses and continued to be employees.

Independent contractors want profit In considering if the two housekeepers were genuine independent contractors, the judges considered that “a hallmark, if not the primary hallmark of running a business is the pursuit of profit. A commercial enterprise, no matter how small, is an undertaking in which time, money and effort are risked in that hope of making a profit,” the majority of judges said.

value of the personal services provided, the entrepreneur providing commercial services will want to be remunerated by making a profit.

“In pursuit of a profit, the independent contractor will not merely seek remuneration commensurate with the value of the personal services or work provided, but will want a return on the risk and expense involved in running a business.”

The judges also relied on case law from the High Court of Australia that indicated it was “intuitively unsound” to conclude that unskilled workers are running their own businesses when providing their labour.

“Where the hallmarks of a business are absent, it will be a short step to the conclusion that the worker is an employee.”

Court determination is 'instructive' The above determination by the Court is instructive, particularly when questioning how unskilled workers such as labourers or even apprentices can work independently and therefore be genuinely running their own business.

In further considering the case of the two housekeepers, the judges also determined that: “It follows that if there was a contract between Quest and each of the housekeepers, it must have been an employment contract,” they said.

“That conclusion, reached by a process of elimination, is confirmed by a multi-factorial factual analysis – which unquestionably reveals the common hallmarks of an employment relationship between Quest and each of the workers.”

“Unlike the employee, who will be content to be remunerated with a wage which reflects the

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The judges said the housekeepers: • Provided their labour to QSP personally • Did not and, presumably, had no capacity to delegate • Worked as and when required by QSP under its direction, supervision and control • Wore QSP’s uniforms and were represented as part of its business • Carried-out activities that were integrated with QSP’s business • Used QSP equipment and facilities “The basis of the calculation of and the quantum of their remuneration was consistent with what may be expected would be paid to an employee performing the same work,” the judges said.

Conversion to contracts with new title called 'somewhat incredible' Finally, the judges observed the employers’ view that the housekeepers would convert to independent contracts, simply by accepting the new title was somewhat incredible.

“For Quest to have accepted a proposition as simplistic as that, advanced by a party with a financial interest in what was then a proposed commercial arrangement, in the absence of independent advice was probably reckless,” the majority of judges said.

Master Builders’ Industrial Relations Department can assist in determining if a person is an employee or independent contractor through its Independent Contractor Assessment Service.

Members seeking to make use of this service should contact the association’s Industrial Relations Department in Sydney by phoning 02 8586 3555, or alternatively call the Newcastle Office on 02 4953 9400.

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42

training

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

A timely addition to the course schedule is the Introduction to Security of Payment Act. This seminar provides participants a detailed look at the Security of Payment Act from a perspective.

For those who have not yet discovered the full potential of their tablet PC, the iPad for Business course is worth joining. The two-day course includes a new Apple iPad, the basics of using an iPad and how it can function as a portable business tool.

All course schedules are available online at www.mbansw.asn.au/Training/Course-List

Supervise Asbestos Removal – 23rd July, Baulkham Hills; 4th August, Newcastle; 27th August, Baulkham Hills Be an industry leader with this nationally accredited course to supervise the removal of asbestos.

Members $389 Non-Members $469 14 CPD Points

Managing Psychological Illness & Injury – 4th August, Baulkham Hills This workshop provides an overview of common psychological issues in the workplace and current management strategies.

Members $199 Non-Members $239 4 CPD Points

Test & Tag – 24th July, Baulkham Hills; 31st July, Axiom Compliance; 31st July, Wollongong; 7th August, Ulladulla; 21st August, Baulkham Hills; 28th August, Ballina; 31st August, Newcastle This course provides participants with the skills, knowledge and understanding for the testing and tagging of electrical equipment.

Members $329 Non-members $379 7 CPD Points

iPad for Business –16th July, Baulkham Hills Get a new iPad, learn the basics and learn how your iPad can function as a portable business tool.

Members $949 Non-Members $999 7 CPD Points

SCHEDULE Asbestos Assessor – 20th to 21st July, Baulkham Hills; 24th August, Baulkham Hills This asbestos course is a must if you want to apply for an occupational licence from WorkCover NSW. Members $949 Non-Members $1,139 23 CPD Points Asbestos Awareness – 1st July, Baulkham Hills Know your ACMs? Be savvy about what asbestos containing materials are and how to identify them.

Members $139 Non-Members $14 7 CPD Points Building Consultant – 13th to 14th July, Baulkham Hills; 29th to 30th July, Newcastle This popular course provides the skills and knowledge necessary for current builders to produce building reports.

Members $749 Non-Members $899 22 CPD Points Demolition Supervisor Restricted – 7th July, H&S Emu Plains Members $1890 Non-members $1950 First Aid – 9th July, Gosford; 10th July, Baulkham Hills; 15th July, Newcastle; 13th August, Baulkham Hills; 14th August, Unanderra This course describes the skills and knowledge required to provide a first aid response to a casualty.

Members $139 Non-Members $149 14 CPD Points General Construction Induction – 3rd July, Baulkham Hills; 23rd July, Ulladulla; 23rd July, Gosford; 24th July, Ulladulla; 6th August, Newcastle; 24th August, Baulkham Hills Get your White Card, required by the National Code of Practice for all workers and others who carry out construction work.

Members $139 Non-Members $159 12 CPD Points Remove Non-Friable Asbestos – 22nd July, Baulkham Hills; 3rd August, Newcastle; 26th August, Baulkham Hills This nationally accredited program specifies the outcomes required to remove non-friable asbestos containing material.

Members $339 Non-Members $409 14 CPD Points

Business Planning – 28th July, Baulkham Hills This course helps you make smarter decisions, manage your costs and run your business more profitability.

Members $279 Non-Members $339 7 CPD Points Business Strategy – 29th July, Baulkham Hills Don’t have control of your business? Get in the driver’s seat and take control.

Members $279 Non-Members $339 Contracts and Insurance Workshop – 26th August, Ulladulla; 27th August, Ulladulla Covering insurance for construction, contracts, and common pitfalls in the residential building sector.

Members $109 Non-Members $159 4 CPD Points InDesign – 14th July, Baulkham Hills; 20th August, Baulkham Hills This course is perfect for those interested, or involved in, the design and marketing side of business.

Members $299 Non-Members $349 Introduction to Security of Payment Act – 15th July, Ulladulla; 24th August, Baulkham Hills This seminar provides participants a detailed look at the Security of Payment Act from a perspective.

Members $99 Non-Members $119 2 CPD Points

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Microsoft Excel Essentials –15th July, Baulkham Hills This course covers lists, budgets, forecasts, and provides participants with the skills to work confidently with Microsoft Excel.

Members $299 Non-Members $349 7 CPD Points Microsoft PowerPoint Essentials – 17th July, Baulkham Hills; 19th August, Baulkham Hills Learn to quickly and easily create professional presentations for colleagues and clients.

Members $229 Non-Members $349 7 CPD Points Microsoft Word Essentials – 18th August, Baulkham Hills This course provides participants with the basic skills to comfortably navigate around the core of Microsoft Word.

Members $299 Non-Members $349 7 CPD Points Project Management – 20th July, Baulkham Hills; 12th August, Baulkham Hills This course helps tradies prioritise business requirements while also contributing to an Australian Institute of Project Management endorsement.

Members $349 Non-Members $419 14 CPD Points Sustainability & Green Living – 21st to 22nd July, Baulkham Hills Be a leader and understand the scope and application of the energy provisions in the NCC and broader sustainability innovations.

Members $679 Non-Members $819 14 CPD Points

training

MASTER BUILDERS GETS CIVIL

DEVELOP VALUABLE SKILLS FOR WORK AND LIFE

By Jake Curran, Short Course Coordinator at Master Builders

Project management can help you develop skills and abilities, which are used both in the construction industry and in our day-to-day lives. Project management can also identify best practices in order to better manage people, outcomes and results.

I once heard this comment on a job site: "Brain’s the best tool you’ve got mate’ as I watched the young bloke, hammer in hand, stop and contemplate why the 28mm clouts he had just used on a bit of two-by-four were not doing what they were supposed to.

This is an amusing anecdote, but it also gives way to the importance of using your mind on the job and the importance of developing the "smarts you have got".

Specifically, project management helps develop skills and abilities around: • Learning where to best allocate your efforts, and where to create boundaries – as much as we would like to think we can do it all • Using your staff wisely. You do not have to be a ‘people person’ to understand best practices of human resources • Ensuring processes exist to create a good result. Remember, the outcome you produce is a reflection of you • Managing your time and understanding the processes and stages which the project will go through to avoid surprises • Understanding the procedures to get it done efficiently – no one likes unnecessary administrative work, so work smarter

• Be savvy about how you communicate and determine the ‘need to knows’, information flow can make or break any project • It comes down to cost, so understanding how to manage that is a must and that is the bottom line In the job market the opportunities for skilled project managers are endless, with pathways for contract officers, estimators and schedulers, project administrators, project coordinators and quality officers, among others. Remember, it is all about developing the "smarts" you have got.

Courses 20-24 JULY 2015 Diploma of Project Management (BSB51413)

Over the next three years, there are some major road developments and upgrades coming for New South Wales, including the WestConnex, NorthConnex and Sydney’s second airport projects. With the NSW Government investing in such major works, the civil construction industry has received a sizable injection.

Accordingly, MBA NSW’s Training Department is excited to announce the availability of full civil construction training programs for skid steer, backhoe loader, front end loader and excavator as part of its portfolio – this also includes verification of competency training.

These courses delivered range from two to five days, depending on the participant’s experience, and which machine they require training for. Courses are delivered in association with industry leaders in civil construction training, located in Western Sydney.

7-11 SEPTEMBER 2015 Certificate IV in Project Management (BSB41513) Both courses are also offered through online learning, contact us today for more information: Phone: 02 8586 3588 Email: training@mbansw.asn.au

While training in civil construction machinery is required to satisfy legislative and regulatory requirements, operators working in the industry are well aware of the benefits of having quality training and the savings that come with that in reducing mistakes, repairs, and maintenance costs.

It is exciting times ahead for Master Builders and civil construction.

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SMARTPHONES CAN DO MORE THAN CONNECT YOU TO YOUR CUSTOMERS.

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

There are easy steps you can take to change the way you do things and enjoy life a whole lot more.

At one point in life you may have been unable to drive a car, so you invested time to learn.

Now that you can drive it is not inconceivable you would walk to work carrying your tools.

This is technology adapting to do something new in order to make your daily tasks easier.

Here are some simple smartphone applications that I use everyday. If you are doing all of them that's great but, if you are not, please consider taking onboard at least one or two of these suggestions. You will find your confidence grows, and you will start doing more.

John's contact tips and tricks: 1. Update the new contact details correctly: Enter the correct information into the correct fields or the line on your phone, for example. When entering-in a new contact, if the first name is requested put in the first name not the first and last name. Later when you use apps and other computer programs, the basic information will be drawn out of the contact, including the surname, company, and phone. Note you can choose different phone numbers including mobile, home, work and email.

The more information entered correctly the easier life will be for you later.

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technology

2. Add Favourites: Add your most often used contact to your favourites. Time is money and being able to quickly access your foreman, labourer or subcontractor by having the right phone number will save time and money.

3. Take a photo of your contact when creating a new contact: Add a photo to the contact details. I have often seen a name come up on my phone and thought 'who the hell is this'. If a name and photo comes up, I am giving myself a greater chance of associating the name and face so I can remember who is calling me.

4. Add dates: Birthdays, anniversaries, and reminders for the particular contact.

5. Enter notes: Sometimes enter notes about the contact such as the wife’s name children’s name, previous employers, etc.

6. Add contact addresses: Once you have entered the correct information it can be used to determine when a new project is beginning. It can also be imported by other applications, shared with workers or simply copied and pasted into other apps.

Text messaging tips and tricks A simple fact regarding text messaging is effective communication only occurs if the message is received and understood. Often text messages are sent and no reply is received.

Just because you send a text does not mean the person that you sent it to receives the text.

Their phone may be broken, lost, set to silent mode or the battery may be dead.

1. Send short and clear instructions 2. Take a photo and send it to your workers, boss, client and architect.

3. Take a video and either send it or use it to show your workers what to do, for example use the video to show the worker where the site key is hidden or what to do first-thing in the morning when arriving onsite.

4. Send a group message such as advising all subbies the site is closed due to wet weather.

5. Send a voice message: You can send a voice memo via iMessage.

6. Use a shortcut text: These can be set up in settings (OMY means on my way) 7. Never text-message and drive.

Notes: 1. Make a list of materials needed, then either text or email or AirDrop the information.

2. Dictate using your phone and the spoken words will be translated to writing.

3. Jot down your ideas and thoughts as they come into your head.

Arrange icons on your phone and create groups: 1. Set up icons on your phone based on your needs. For example, have emails, contacts and messages easily accessible as well as what you need to do or use regularly, such as stocks further down the order.

2. Create groups such as finance so you can combine all your banking and finance information into the single folder.

3. The regular icons I use are Phone, Emails, Safari (or Google), Contacts, Messages, Notes, Calendar, Camera, Maps, Weather, Calculator, Clock Reminders and Google Drive – for company records of current jobs, quotes and the operating manual.

There are many more uses for smartphones in the workplace. For more information, contact John O'Neill: Phone: 02 9999 1211 Email: admin@onc.net.au

Calendar: 1. Set up everything, work, quote deadlines and make appointments.

2. Your birthday and mates' birthday.

3. Reminders to get stuff done.

4. Set up meetings and invite your other contacts, 5. Personalise calendars for quotes, jobs and personal life.

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policy priorities

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

By Andrew Heaton, Sourceable.net

Imagine for a moment you were trying to run a large international city with a metropolitan population of 20 million people or more.

Would you divide that city into eight separate jurisdictions and have each adopt its own different rules and processes for builder registration, trade licensing, planning and building approvals, environmental assessments, building contracts legislation, consumer protection and occupational health and safety?

Would you force plumbers licenced in one part of the city to navigate up to eight different sets of rules and processes for licensing in order to operate in other parts of the city? How about drafts people? Would you require these to be registered in some jurisdictions but not others?

almost every facet of regulation, which impacts their business.

Or would you create one set of consistent rules and processes across the city?

The answer is obvious. Yet, in Australia, builders and tradespeople are forced to grapple with eight different systems for

Compliance is different from state to state Domestic builder contracts, consumer protection and warranty regimes and dispute resolution systems all differ from state to state.

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In one state, a residential builder might be able to construct a 25 sqm pergola without approval; in another state, it might be 10 sqm.

policy priorities Even the terminology is different: A building approval is referred to as a ‘construction certificate’ in New South Wales, a ‘building permit’ in Victoria and a ‘development approval’ in South Australia.

National Construction Code – a number of councils over the years have tried to add on requirements for increased minimum ceiling heights, greater water and energy efficiency and larger room sizes.

Beyond that, there is the plethora of rules at the local council level. One builder in a recent focus group conducted by the Master Builders Association (MBA) complained of having to deal with more than 50 different councils, each one of which has a different set of application paperwork, documents, fees, contributions, building controls, cut and fill policies, storm water policies and tree preservation policies.

Counting the cost of compliance The impact is significant. In the residential sector, for instance, anecdotal evidence from builders suggests the burden of regulatory fees and compliance adds between 8 to 12 per cent to the cost of building an average Australian home, Master Builders Australia reckons.

In one case, according to Richard Calver, national director, industrial relations and legal counsel at MBA, a builder performing a straightforward ‘drop and go’ concrete pour taking around 20 minutes for a residential extension within a major city had to expend what is understood to have been around $1200 worth of cash and time to organise a road management plan and a traffic controller (even though the job was in a quiet back street), obtain a permit and complete a plethora of paperwork.

Had the job have been on the other side of the street, which was in another council area, none of this would have been necessary and the truck would have turned up, made the delivery and been on its way.

In qualifications and registration, too, whilst the Mutual Recognition Act 1992 generally allows those licensed in one jurisdiction to operate at their equivalent level elsewhere, nuances arise.

In Victoria, a licensed building surveyor can be all-things to people. In New South Wales, three different grades apply.

Some top-tier builders have staff in each state specifically charged with navigating regulatory processes in that jurisdiction, which is wasteful.

Challenges associated with the differing licensing regimes make it more difficult for companies to transfer workers across projects in different states and for skilled labour to migrate from areas where demand is soft to those where their skills are more needed.

In one case, a large multi-national electrical subcontracting outfit spent several months obtaining cross-jurisdictional registration for their builders and engineers for a major broadband contract even though the requirements were largely duplicated.

Other associations say the impact of all this cannot be understated, especially at the smaller and more fragmented end of the industry and particularly when it comes to older builders.

“There are member of ours who we speak to who call us up and say ‘I need to understand this process,'" a senior executive director from the industry said.

An unlicensed draftsperson legally operating in Albury, on the NSW southern border, would be breaking the law by driving across the bridge over the Murray and completing a job in Wodonga in Victoria, where licensing is required.

“When we have that conversation with them – particularly older builders- they talk to us about how hard it has become and that they are considering turning in their tool belts.”

Despite harmonisation of occupational health and safety rules, builders in the Australian Capital Territory are unable to remove even small quantities of asbestos despite being required to undertake a course in asbestos identification.

“When I talk about the Australian regulatory landscape, I talk about the eight countries of Australia,” Professor Kim Lovegrove FAIB, a partner at construction and planning law firm Lovegrove Smith and Cotton and conjoint professor of building regulation at the University of Newcastle said.

Even in the one area where national harmonisation has been achieved – the

Others say the situation is farcical.

Market 'unsustainable' and 'uncompetitive' Renowned construction guru David Chandler OAM, meanwhile, says Australia’s fragmented ‘8 + NZ market’ is ‘unsustainable and uncompetitive’ in a world of changing technology and building systems.

What can be done? To address local issues, Master Builders is calling for a My Council website, similar to those in place for schools and hospitals.

The site would feature key performance indicators on local councils such as the time taken and costs charged to approve a standard development applications as well as the amount of ‘developer charges’ they impose for new residential developments and all local variations to the National Construction Code, including why these variations are in place and how much they add to the cost of new housing.

Lovegrove would like to see more conversation about harmonisation through the Australian Building Codes Board, which has responsible ministers from each jurisdiction on its board. A senior executive director from the industry wants prohibitions on local planning requirements, which add to the BCA. Still, there are few signs of any major significant forms of momentum when it comes to replicating the type of progress that was achieved through the BCA in other areas.

The eight countries of Australia are costly and inefficient, but for now it looks like they are here to stay.

About Andrew Heaton Andrew Heaton is an established writer in the building and construction industry. After graduating with a Bachelor of Commerce degree, he worked for many years as a certified practising accountant and business journalist.

Having worked for Sourceable since 2011, Andrew is a senior writer on both domestic and international topics delivering strong and informative business coverage impacting the built environment.

Email: info@sourceable.net Website: https://sourceable.net

As published on www.Sourceable.net on May 20, 2015.

Sourceable.net delivers daily news and analysis impacting the Built Environment.

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

Mixing it up with his rock band Eye On You and his building contracting business, Glenn Baker Builder, can be tricky even for this experienced building practitioner.

Kicking off in the late 1970s Glenn was apprenticed to his builder-dad, Paul Baker, who was known for his work on the Bellhaven Ballrooms-Wedding Reception Centre at Wentworthville.

It was built in the shape of an ocean liner. With his dad, Glenn helped build the Seashells Beach Resort at Diamond Beach on the midNorth Coast.

builders licence during the early 1990s. Since then it has been “all-go” with his business, band and family.

a young apprentice who outside of work likes to mix it up with the best in the local rugby scene at the Gosford Devils,” he said.

Key projects Glenn has undertaken include his present job at Koolewong, a lovely home for a fabulous client at McMasters Beach, and a unique job at Davistown where he built a vast home on a “little old block”.

“I have now been a member of the MBA for the past eight years, and find it really handy as a source of up to date information from a legal, insurance, staffing and safety perspective.

The industry has changed a lot over the years, particularly with the widespread introduction of the mobile phone.

This comprised of 36 hotel rooms, a restaurant and squash court.

“Dad would use to have to ring all his trades after dinner as many wouldn’t get home till then. He would then have to sort out the schedule for the next day,” Glenn said.

“We would dabble in all aspects of the job. This was particularly handy when trades were hard to come by and we had to rely on ourselves,” Glenn said.

“These days we can sort it all out during business hours of which we stick to a normal days shift and no weekends – I’m a big believer in life outside of work.

“In about ‘82, I went out by myself and started doing bits and pieces of maintenance work before travelling overseas where I was fortunate to work on Bourbon St, New Orleans on the fitout of a nightclub.

“Cordless tools have improved safety on sites and nail guns have sped up the work. Emails have made everything so much quicker as well.”

“This was a great place for me to pursue my musical interest (the drums) with various bands including the Harvey Sparks Band.”

By 1987 Glenn had started his own business as a carpenter. He followed this up with his

Documenting for BAS, work, health and safety, insurance and banking have affected daily business operation, prompting Glenn to allocate plenty of time for this side of the business.

“I have a good team of on site workers who assist me on a regular basis. This includes three licenced builders, a qualified builder and

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“I also find the local MBA meetings that are held on a monthly basis up here on the Central Coast to be of great value as we get to link up with suppliers, service providers, government bodies and other local members.

“The Central Coast is a great place to live, work and raise kids of which I have three daughters and a son. My wife Adrienne is also involved with the business and does the interior and exterior designs on spec homes that we construct “The best part about being on the coast is its laid-back lifestyle, beaches, national parks and – of course – the entertainment.”

Glenn’s band, Eye on You, recently released its new album called Cards on the Table. Check it out at www.eyeonyou.com.au

membership

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

NET ZERO ENERGY CONSUMPTION FOR CORDEAUX HEIGHTS HOME

By Louise Turk, The Illawarra Mercury A house with zero net energy consumption and a significantly reduced carbon footprint is being built in Cordeaux Heights.

The property on Mungurra Hill Road is a 7.5star rated home and has a 90 per cent reduced carbon footprint, compared with the average Australian home.

Being net-zero energy means the total amount of energy used by the building will roughly equal the amount of renewable energy created on the site.

The house will operate off treated rainwater.

Recyclable or renewable materials have been used throughout the eco-friendly house.

The house was designed by Progenia managing director Scott Redwood, who is also project managing the construction.

Redwood used the experience he gained as the design and construction manager of the University of Wollongong’s award-winning Illawarra Flame house.

The Cordeaux Heights home is a case study for his master’s thesis on sustainable design and development. It was designed by Redwood using CSIRO-developed lifecycle analysis software that determines a home’s carbon footprint.

The 7.5-star rating comes from the nationwide house energy-rating scheme. To determine how efficient the design of an existing or yet-to-be-built home is, it is given a star rating between zero and 10 stars. The New South Wales standard is a four-star rating.

Redwood said the eco-friendly house would be constructed for just 5 per cent more than the building costs of a standard home.

Redwood said there is growing demand for eco-friendly homes as they are more comfortable to live in due to their ability to capture and maintain stable internal temperatures, a reduced exposure to indoor toxins and long-term cost savings through lower energy and water bills.

‘‘This first real-life demonstration house

by Progenia shows that net-zero energy, net-zero water and 90 per cent reduced carbon footprint can be achieved with today’s technologies, building practices, material and at an affordable price,’’ he said. ‘‘This project demonstrates that aspects of the Illawarra Flame house are achievable, cost viable, realistic and there is a real commercial demand for this sustainable solution – in not just retrofit but in all domestic housing projects.’’

‘‘I’ve got a few more on the books already,’’ he said. ‘‘There’s another house getting built at the same time in Bulli.’’ (c) Illawarra Mercury 2015. Reprinted with permission.

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

Even if you are a seasoned professional, end of financial year can place extra demands on your time if you have not adequately prepared for it.

To help you at tax time and assist young members enter the business world, Master Builders (MBA) has produced The Building Business Start up Kit, which provides a summary of relevant issues and requirements at tax time. There is also handy advice on planning for end-of-year payment of taxes, business activity reporting, superannuation, construction industry long service leave payment scheme, payroll tax and other helpful financial information.

This kit is designed both for those starting a new business, and the more experienced practitioners who are looking to expand their current business model.

The Building Business Start up Kit is available free-of-charge to members in hardcopy or is downloadable from the MBA website. It is an exclusive service for members of the MBA. The Association regularly updates members about changes to legislation and Australian Taxation Office reporting requirements. MBA recently produced a special member report on the impact of the 2015-16 Federal Budget to highlight its impact on the building and construction industry.

This article also summarised the Small Business Package benefits, which include a corporate tax rate cut from 30 to 28.5 per cent, immediate tax deductions of up to $20,000 and removal of the fringe benefits tax on mobile devices.

This information was communicated to members by email “E-Circulars�, and also can be located on the Association web site via the news icon or through using the website search facility.

To order your printed copy of The Building Business Start up Kit contact Member Services by phoning 02 8586 3515.

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NEW MEMBERS 1 Choice Build Maintenance MERRYLANDS

Basebuild Pty Limited FLORAVILLE

Chris Bentley EARLWOOD

Firm Build Projects Pty Ltd BEXLEY

A 1 Building Consultants Australia Pty Ltd ALLAMBIE HEIGHTS

Baucasa Pty Ltd WILLOUGHBY

Chris Usher KURRAJONG HILLS

Flint Building & Renovations Pty Ltd FREEMANS REACH

A B C Scaffolds Pty Ltd EMU PLAINS

Beachview Homes ALLAMBIE HEIGHTS

Chris Yoo LIDCOMBE

Forefront Commercial Industrial PETERSHAM

A M T Construction and Development Pty Ltd CARINGBAH

Bolun Tao WENTWORTH PARK

Christopher Merfield ARNCLIFFE

Fred (Fouad) Eldick BANKSTOWN

A O Causley & K E Causley MARRICKVILLE

Boulder Projects Pty Ltd LUGARNO

Clinten Hanckel WOLLI CREEK

Fredo's Home Improvements KANAHOOKA

A S J Developments Pty Ltd NORTH RYDE

BPA Build GWANDALAN

Commstruct Pty Ltd MACQUARIE CENTRE

Fresh Build Constructions LANE COVE

Aaron Manson HILL TOP

Brendan Peacock RIVERWOOD

Complementary Homes Pty Ltd SEFTON

Fresh Constructions Australia Pty Ltd WARRIEWOOD

Abel Wagner WETHERILL PARK

Brett Davies RYDAL

Connor Boon EASTGARDENS

Fullers Mobile Cranes Pty Ltd HOLROYD

Abora Constructions MANLY

Brianda Pty Ltd RANDWICK

Conor Quigley FIVE DOCK

Fulton Hogan Construction Pty Ltd ALEXANDRIA

Acu-Vib Electronics CASTLE HILL

Build By Design Pty Ltd SUTHERLAND

Crest Building Services CAREY BAY

Fusion Building Solutions Pty Ltd WOOLGOOLGA

Adam Evans ANNA BAY

Buildbright Pty Ltd WINSTON HILLS

D M I Excavations Pty Ltd CONCORD

Future Abode ERINA

Adam Lundberg SEVEN HILLS

Buildcert Consultants Pty Ltd BELMONT

D V R Building Solutions NORTH PARRAMATTA

G J Building & Contracting Pty Ltd BELFIELD

Adam's Custom Patios BARANDUDA

Buildfix Sydney MANLY

Damian Duffy ORANGE

G P G Constructions HOMEBUSH

Advanced Concrete Sealing NSW Pty Ltd BANGOR

Building and Carpentry Pty Ltd MOUNT ANNAN

Daniel Alosi MOOREBANK

Galand Constructions & Sons Pty Ltd MATRAVILLE

Advisor Sydney City Pty Ltd AVALON

Buildspire Constructions Pty Ltd OLD TOONGABBIE

Daniel Ristevski BEXLEY

Gary Fischer SOUTH GRAFTON

Afa Faalong CANLEY HEIGHTS

Built Style Constructions Pty Ltd MOSMAN

David Betts BERKELEY VALE

Genex Build LONG JETTY

Alan's Handyman & Building Services WERRINGTON

Builtmore Projects Australia BEXLEY

Dennis Dal Bon KELLYVILLE

Gerardo Macip-Trialzi ASHFIELD

Albatross Constructions Pty Ltd MARAYLYA

Buri Building & Design Pty Ltd MATRAVILLE

Desmond Hogan ALBURY

Global Abode Pty Ltd BONDI JUNCTION

Alejandro Disciascio GREEN POINT

Byrnes Entrance Technology TAREN POINT

Dimension Renovation Co. MARRICKVILLE

Griffith Sheds and Garages Pty Ltd GRIFFITH

Alexander Construction Partners Pty Ltd WORONORA

C M A C Construction Group Pty Ltd MARALYA

Dincel Construction System Pty Ltd ST CLAIR

Guardright Industries Pty Ltd PENRITH WESTFIELD

Alfred Ahn & Associates Pty Ltd PYMBLE

C M Building Services CARLTON

Dinomo Pty Ltd FAIRFIELD HEIGHTS

H & M Constructions (NSW) Pty Ltd SYDNEY SOUTH

Andrew Field HAMILTON

C P R Roofing Pty Ltd GLADESVILLE

Diverse Carpentry Constructions SUSSEX INLET

Hassan Darwiche CARLTON

Andrew Wilson YACKANDANDAH

C Shafer & R J Shafer PORT MACQUARIE

Drayton Constructions Pty Ltd THORNTON

Hassan Noori REGENTS PARK

Andrew Wong BAULKHAM HILLS

C Y Options Pty Limited ERMINGTON

E D H Group Pty Ltd TOOWOON BAY

Henare Hopping WOONONA

Antonio Woo EAST LINDFIELD

Callister Constructions Pty Ltd CUMBALUM

Eco Trend Australia Pty Ltd BELLA VISTA

Hills Contruction Pty Ltd KINGS LANGLEY

Aqua Remedial Works BELMORE

Camden Renovation & Construction Pty Ltd CAMDEN PARK

Edmond Rizk NORTH PARRAMATTA

Hoek Projects Pty Ltd WAVERLEY

Arrowtop Constructions MIRANDA

Cameron Marshall MITTAGONG

Elegance Projects Management Pty Ltd HAYMARKET

Home Design Centre HALLIDAYS POINT

Aryan Samuels MORTDALE

Caspian Painting Service NORTH ROCKS

Elliott Projects Pty Ltd NORTH SYDNEY

Hurford Holdings Pty Ltd ORANGE

AusCo Construction & Joinery HASSALL GROVE

Caswell Building Services CATTAI

Emily McKaig ASQUITH

Iconstruct Building & Carpentry Pty Ltd BELLEVUE HILL

Auspro Projects ST MARYS

Centric Developments CONNELLS POINT

Evolution Building Projects PENSHURST

Imagecorp Australia BOTANY

Aussie Clean & Seal SUMMER HILL

Centrum Property Group Pty Ltd RODD POINT

F N M Investments Pty Ltd PUNCHBOWL

Inline Facades ST ANDREWS

B D Building Management Pty Ltd BONDI JUNCTION

Charles Butt BANKSTOWN

Fastform Group Australia Pty Ltd PRESTONS

Ishac Constructions Pty Ltd OLD TOONGABBIE

B J Marmont Constructions GOULBURN

Charles Osborne WEST PYMBLE

Fine Point Carpentry & Constructions SOUTH COOGEE

J & J Mileto Carpentry Pty Ltd HINCHINBROOK

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membership J & P Spinelli Trading Trust LAVINGTON

Matthew Williams NARRAWEENA

Projection Build Pty Ltd KEIRAVILLE

Skyworks NSW Pty Ltd PUNCHBOWL

J A L G Pty Ltd SOUTH ALBURY

Mavid Construction Pty Ltd LORN

Proway Livestock Equipment WAGGA WAGGA

Smith Projects Pty Ltd YAROOMBA

J B P Construction ERINA

Maxwell Miller EPPING

Pupa Pty Ltd WEST HOXTON

Solid Kitchens 'N' Cabinets ALSTONVILLE

J D L Corp DRUMMOYNE

Meridian Property Group NSW Pty Ltd GREEN VALLEY

Quadracon Building Pty Ltd SUFFOLK PARK

Solution Plumbing Services PUNCHBOWL

J K Alderman Building Consultants Pty Ltd WORONGARY

Mid North Coast Accredited Building Certifiers SMITHS LAKE

R G Construction Management Pty Ltd CASTLE HILL

SS Invention Pty Ltd LIDCOMBE

J W R Constructions Pty Ltd JANNALI

Mitchell Farrelly BOTANY

R G Ewert & R J Ewert YARRAWONGA

St Hilliers Property Pty Limited THE ROCKS

Javen Nawodycz WODONGA

Mollymoo Pty Ltd ORANGE

R R D Tiling Concepts Pty Ltd THE CHANNON

Stephan Klopper WEST PENNANT HILLS

Joe Gavin Constructions THURGOONA

Morgan Stevens MANLY

R S J Property Developments Pty Ltd BASS HILL

Stephen Dowton WALGETT

John Purcell ALBURY

Mozeley & Dodds Constructions Pty Ltd LAURIETON

R T E C NSW Pty Ltd ORANGE

Stewart Reid OAKDALE

Jordan Patching MONA VALE

Myticorp Constructions Pty Ltd KYEEMAGH

Randall & Bond House Removals SMITHTOWN

Sunil Kumar TOONGABBIE

Jows Construction Pty Ltd MERRYLANDS

N B Cooke & T S Cooke ORANGE

RCQ Contracting Pty Ltd MAROOCHYDORE

Sydney Shade Sails Pty Ltd PENSHURST

Jubal Cooper CRONULLA

N J Kelleher Pty Ltd DUBBO

Reno Design Construction BURRILL LAKE

Tahi Davis NORTH BONDI

K P L Building Remedial Works Pty Ltd BALMAIN

N T Bishop & S E McDonald DEE WHY

Rhys Briot THORNLEIGH

Tatou Development Group SEFTON

Kaine Trevor WEST WOLLONGONG

Nathan Anderson NEWRYBAR

Riggers Australia Pty Ltd GLADESVILLE

Thomas Morris RANDWICK

Kennards Hire Brookvale BROOKVALE

Nathan Maitre CABARITA

Robert Gerrie MERRYLANDS

Three Crown Building NEWPORT

Kevin Xu SYDNEY

New Era Carpentry Pty Ltd MAROUBRA

Rockpave Civil Pty Ltd GREENACRE

Tim Cowley Building MALUA BAY

Kiva Building BALGOWLAH

Nicholas Cain MOONEY MOONEY

Roofing Craftsmen Pty Ltd LENNOX HEAD

Tim South ST IVES

Kohinor Scaffolding Pty Ltd MOUNT KURING GAI

Northbuild NARRABEEN

Roos Building Services Pty Ltd PICNIC POINT

Timothy Squires OAK FLATS

L M A Contractors CASTLE HILL

Northern Rivers Construction Pty Ltd CUMBALUM

Ruby Sketch Pty Limited HOBARTVILLE

Todd McDermid ROSE BAY

Lachlan Warwick AVALON

Novell Group Pty Ltd BANKSMEADOW

Ryan Cho LIDCOMBE

Top Steel Solutions Pty Ltd WETHERILL PARK

Lalor Constructions CRONULLA

NP Building BELMONT

Ryan Jenkin MALABAR

Trinium Group Pty Ltd RAMSGATE

Leandro Azevedo YAGOONA

O A & R Jackson Construction Pty Ltd KENTHURST

Ryan Percy ALBURY

Tristan Diethelm DOUBLE BAY

Leonardo Amodeo RYDE

O K Steelex Services Pty Ltd PORT MACQUARIE

Ryan Shephard Building MIRANDA

Turnkey Consulting (Australia) Pty Ltd HORNSBY

Lexicon Developments Pty Ltd CESSNOCK

Oliver Ralevski SYLVANIA

S K Roofing Pty Ltd GEORGETOWN

Up She Goes COOMA

Liam Kennedy SPRINGWOOD

P & R Homes NSW Pty Ltd PADSTOW

S M I Group Pty Ltd SURRY HILLS

Vince Guagliardo WINSTON HILLS

LJB Kitchen & Bathrooms THE JUNCTION

P R A Constructions TAREN POINT

S P Formwork Pty Ltd GLENDENNING

Virgo Painters & Decorators TYALGUM

Loumann Pty Ltd SMEATON GRANGE

Paramount Retail Services MERRYLANDS

Sam Ralph Building Pty Ltd LORN

Waratah Building Group MITTAGONG

Luke Porch DUBBO

Paul Reid BANORA POINT

Sealing Solutions Australia PENRITH

Wilford Construction Pty Ltd MILTON

M & J Dreizi Developments KEIRAVILLE

Paul Scoble McLEANS RIDGES

Seaton Carpentry ALBURY

Will Read HAMILTON SOUTH

M J Minard Pty Limited EPPING

Paul Theobald KELSO

Serdar Constructions Pty Ltd BAULKHAM HILLS

William Calokerinos AUBURN

M J Williams Steel Fixing Pty Ltd COOGEE

Performance Concrete Pty Ltd COLLAROY PLATEAU

Seung Hun Han SEVEN HILLS

X L Precast Pty Ltd YENNORA

Majestic Constructions Group Pty Ltd KOGARAH

Peter Fodor MAROUBRA

Sika Australia Pty Ltd WETHERILL PARK

Zedcon Projects Pty Ltd WOOLOOWARE

Make the Mark Building Services Pty Ltd MANGERTON

Pittorino Designs HILLSDALE

Silk Family Trust LAVINGTON

Zhen Yu Liu FAIRFIELD

Martin Bonnici CRONULLA

Plumb & Level Masonry P/L CONCORD

Simon Neason Builder WAGGA WAGGA

Master Builders Association NSW BALLINA

Programmed Facility Management PARRAMATTA

Sivel Constructions Pty Ltd ERSKINE PARK

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

BUSINESS START UP CAR LOAN

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dates for your diary

12 POINT CPD SEMINAR Manly Coffs Harbour

23 JUL 20 AUG

TRADE EXPOS Rosehill

29 JUL

Wollongong

6 AUG

REGIONAL ROAD SHOWS Wagga Wagga

13 JUL

DIVISION Central Coast

1 JUL, 5 AUG

Central West

19 AUG

Cronulla

10 AUG

Eastern Suburbs Hume Illawarra Inner West Manly Warringah Manning/Great Lakes

28 JUL, 25 AUG 5 AUG 2 JUL 21 JUL 9 JUL, 13 AUG 4 AUG

Mid North Coast

17 AUG

North Coast

18 AUG

North North West

11 AUG

Northern Suburbs

16 JUL, 20 AUG

Orana

20 AUG

Oxley

5 AUG

Parramatta Cumberland Snowy Mountains

15 JUL, 19 AUG 26 AUG

South Coast/Shoal

15 JUL, 19 AUG

Southern Highlands

14 JUL, 11 AUG

St George

18 AUG

Tweed

19 AUG

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insulation

ELIMINATE UNWANTED NOISE SAFELY THROUGH ACOUSTIC INSULATION Unwanted sound can be damaging, dangerous and even annoying.

However, the Insulation Contractors Association reveals you can safely remove noise through acoustic insulation.

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

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

Noise can have a detrimental effect on conversation and communication, particularly where telephones are concerned. This can result in misunderstandings and subsequent work inefficiencies.

Difficulty in communicating can also be annoying with interference of concentration.

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

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

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insulation irritating residents. Similarly, impact noise on polished floorboards can irritate people in the rooms below.

Room acoustics The room acoustics objective is to create a suitable acoustic environment for the activity being conducted in any particular room.

Of prime importance here is the reverberation time. Rooms used for different purposes need different reverberation times. Churches, concert halls and music studios may require reverberation times of up to two to three seconds, while for broadcasting studios and open-plan offices appropriate reverberation times may be below half a second.

Room volume also affects the optimum reverberation time. Sound decays more slowly in large rooms than in small rooms. Modifying a large room to reduce its reverberation time to that of a small room used for the same purpose will often kill off the acoustic environment. This is particularly relevant for concert halls and theatres.

Glasswool and rockwool insulation materials provide excellent sound absorption and, when installed behind an acoustically transparent lining, it will significantly reduce reverberant sound.

Speech privacy The need to preserve confidentiality of conversation arises in many situations.

Discussions in conference rooms and executive offices should not be overheard.

People waiting in airport lounges or hotel lobbies wish to converse freely. Intimate diners do not wish to share their conversation with the rest of the restaurant.

In residential situations where walls or floors abut adjoining residences, the need for acoustical privacy is paramount. Bedrooms in a residence need to be acoustically isolated from rooms in other residences to avoid

The level of speech privacy required will depend on the particular situation. Three categories may be considered: • Partial coherence – small portions of the conversation may be intelligible to an uninvolved listener, but he or she will not be able to follow the conversation as a whole • Incoherent – an uninvolved listener can hear the sound of conversation but is not intelligible • Inaudibility –an uninvolved listener can hear no sound at all Speech privacy is a two-way consideration. It may be required to protect the confidentiality of conversation or, on the other hand, to avoid distraction of uninvolved listeners.

Modern buildings are typically constructed from lightweight materials, which individually can have poor noise reduction properties, so achieving adequate acoustic performance often requires a systems approach.

This includes consideration of covering materials, cavity insulation, structural isolation and control of flanking noise.

No matter what your insulation application involves, be sure to consult a specialist in the area before starting work.

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

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

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

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windows & doors

withe buindow i n stal l a ti o n lding industry’s achil es’ heel

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

Installation continues to be the major problem for the performance of windows and glazed doors throughout Australia. Stories are commonly heard about window and door systems that have not failed but their installation has. Large amounts of time and money are spent investigating what has been thought a failed window system, only to discover the issue is installation. In fact, around 80 per cent of all window complaints are attributed to installation and care issues during construction.

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windows & doors There has been an increase in failures with the introduction of light-weight construction methods, highlighting that we may have – in fact – had issues with installation for a considerable time.

Our normal methods of construction have been fairly forgiving and may have hidden this fact. We constantly see damage to ceilings, floors and walls and the blame for these issues unfairly being attributed to window systems.

It is also becoming more common in the commercial building sector to remove sub frames from windows and glazed doors.

This can be a recipe for disaster. Correct practice is to use a subframe to isolate the window system from the building, to ensure functionality of the system and improve water penetration resistance.

Facts: • Severity of exposure to wind is the most important factor in the specification and installation of windows and doors in openings. Components and installation practices acceptable in sheltered situations may quickly fail when exposed to the full force of the wind and rain.

• Leaking window systems.

• Windows blowing out of openings creating dangerous conditions and building damage.

• Window or door system functionality failure.

Common causes of failures: • No flashing, poor flashing or poor wallpenetration preparation.

• Blocked drainage holes of the window or door system preventing drainage to the outside.

• Inadequate repair of window or door systems.

• No packing between the building structure and window or door system.

• Window and door systems installed out-ofsquare and plumb.

• Poor construction methods or no clearance, creating loads on the window and door systems.

No flashing or packing.

No flashing or packing.

• Follow the window manufacturer’s installation specification for the appropriate terrain category and height of the building.

Many manufacturers’ brochures provide information for sheltered buildings no more than one storey high.

Failures that occur as a result of poor installation: • Water ingress into the building around the window and door systems causing damage.

Windows must be installed square and level; they must have packers between the window frame and house frame; they must be fixed appropriately to comply with the specified wind loads and should, in most situations, be flashed to ensure any water penetrating around the window or door is not allowed to enter the inner-skin of the building and cause damage.

BFT in Australia is synonymous for wholesaling quality equipment in the Gate Automation industry for the last 30 years. Now BFT’S Australian Branch is reaching further into the Automation market.

BFT would like to introduce to you our wholesale Vista range of automation for Pedestrian Doors.

BFT is at the forefront of pedestrian automatic doors.

With our U- link universal protocol, interconnectivity in buildings is made easier.

Simple, accessible and close to people. New generation technologies, designed to help the installers and those that use them.

Be ahead!

You are welcome to see us at the Security Expo.

15-17 July 2015, MELBOURNE EXHIBITION CENTRE. Stand No. C2

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

www.bftaustralia.com.au

1300 729 344

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windows & doors

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

Correctly installed sill flashing. This should be standard practice.

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

Windows should be installed according to the manufacturers’ instructions or to the Australian Window Association's (AWA) generic installation and fixing guides, if there are no manufacturers’ instructions. Many site failures would be avoided if the industry spent a little more time and took greater care while installing windows and doors.

National Construction Code requirements The Building Code of Australia is not as clear as it could be when it comes to installing windows and glazed doors. The clauses that referred to flashing of windows and doors in volume two with some diagrams are Parts 3.3.4 and 3.5.3, in volume one with clear instructions under FP1.4.

A roof and external wall (including openings around windows and doors) must prevent the penetration of water that could cause: (a) unhealthy or dangerous conditions, or loss of amenity for occupants. (b) undue dampness or deterioration of building elements.

Then there are the energy efficiency requirements. The sealing of gaps and cracks is an important part of this.

Correct installation Four key steps to installing windows and doors are: 1 Square and plumb – this will ensure the functionality of the system.

2 Packing – packing between the window and building frame ensures the frame remains square and plumb and adds strength to the nail or screw fixing.

3 Fixing – the window or door needs to be fixed to enable the system to withstand the wind loads applicable to the site.

4 Flashing – windows and doors should be flashed to stop water penetration around the outside of the system; this is the responsibility of the installer.

Installing frames correctly 1. Fit flashing to window surround as required.

2. Measure the frame opening to ensure that there is sufficient room for the product and additional packing.

Stud opening: • Height = O/A reveal size + adequate clearance • Width = O/A reveal size + adequate clearance Clearance dimensions vary between manufacturer’s products. For adequate clearance refer to window manufacturer’s instructions.

• The frame must be packed plumb, square and not twisted between the openings.

Ensure the sill is fully supported; failure to do so may result in sill roll on sliding windows. Sills on all windows and doors must be straight and level, and should be packed and secured.

• Secure aluminium windows by nailing through reveal in brick veneer applications.

Timber windows should be secured by back-nailing through stud, not face of frame to stud. Alternatively, on cavity brick construction use galvanised building lugs at 450mm maximum centres.

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A closer look at correctly installed sill flashing.

• If it is impossible to backnail, wedges should be installed between the window and the building frame to prevent opening of frame joints when nailing.

• Keep sashes closed whilst installing frames.

• Sill bricks should be at least 10mm clear of window frame to allow settlement in brick veneer construction.

• Do not stand on windows or doors or use them as supports for scaffolding – or slide material through the frame. It is important to prevent damage to windows and doors during construction.

• Do not let the weight of eaves or arch bars bear on any window or doorframe.

Windows and doors are not designed for load-bearing.

• Remove cement mortar and plaster droppings from windows immediately, taking care to avoid scratching glass and/ or frames as it can result in permanent damage. Immediate attention must be given by washing off with water before material sets.

• To ensure the satisfactory long-term performance of sliding doors, the sill should be fully supported. During construction the sill should be fully supported with temporary supports until sill bricks or tiles are installed.

For installation guidance always follow manufacturers’ instructions or refer to the AWA Installation Guide and Fixing Guide.

Visit www.awa.org.au or call 02 9498 2768 to order your copy. Workplace Standards Tasmania now specifies installation and fixing to be in accordance with these generic AWA documents.

Create a home for life and living Create beautiful, long lasting, quiet living spaces OPAL high performing plasterboard is the perfect solution for beautifully designed residential spaces where the quality of indoor life is important.

The high density gypsum core delivers both superior sound insulation and impact performance.

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

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

Crowther Blayne is an Australian leader in business-to-business online and print publications for a variety of industries worldwide. Crowther Blayne publications provide businesses with the broadest possible audience and target the most relevant decision-makers. By providing a platform of the highest quality, products and services are presented in the best possible light to the marketplace.

If you have a specific enquiry about our services, or simply want to get in touch, please contact: Trish Riley | Business Development Manager | P: 1800 222 757 | trish@crowtherblayne.com.au | crowtherblayne.com.au

62

directory CONCRETE PUMPING

Pump more profit.

PumpMaster PG-35 •35 HP Petrol Engine •Compact size for easy placement on the job •4” swing-tube valve delivers smooth flow from fine to coarse grout •Exclusive hydraulic driven, self-propelled manoeuvring

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

American Owned.

American Built.

SALES LOCATIONS:

Melbourne: 03 9768 3111 Sydney 02 9905 5675 www.brunswicksales.com.au LABELS

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

www.airplaco.com/blockfill

directory LABOUR AND EQUIPMENT HIRE

THE INNOVATIVE SOLUTION OF HIRING FOR THE CONSTRUCTION INDUSTRY

1300 PERFECT Perfect Hire is the first company that integrates skilled labour with equipment hire services.

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SOLAR

Why Choose Endless Solar?

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

•

Advanced Evacuated Tube technology

•

Greater Savings on your hot water bill

•

Smarter solar hot water designs

•

High quality products backed with genuine warranties

•

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

Quality Controlled - Certified to the ISO 9001 Quality Management System

•

Proven credibility and expertise

•

Expert advice in solar thermal solutions

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

•

Simply looks and works better than other systems

•

Solid reputation and many years experience

•

Personalised service

•

Australian Standards® Certified designs, processes and components

•

Ready for rebates

•

Frost Protected

•

Self Cleaning

•

Built to Last

Morning after the 2009 Sydney dust storms.

SELF CLEANING

No climbing on your roof to wipe away grime, mould and pollution

Morning after the 2009 Sydney dust storms.

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

Free Quote: 1300-889-585

www.endless-solar.com.au M A S T E R B U I L D E R S A S S O C I AT I O N O F N S W J U N E / J U LY 2 0 1 5

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64

directory

what’s new

SCAFFOLDING

QUALITY AND PERFORMANCE

9972 0135 info@warringahscaffolding.com.au www.warringahscaffolding.com.au

SAVE TIME AND MONEY WITH HANG-LOCK COLLAPSIBLESHEDS Onsite secure storage for materials and tools is always a problem. The cost of delivery and hire for a secure onsite shed is always very expensive and the cost of purchasing a suitable secure shed is prohibitive, with ongoing storage and transport problems eliminating any perceived benefit.

However, the good news is ‘Hang-Lock’ CollapsibleSheds enables the builder to own your shed and dissemble and relocate the shed as many times as you like. It takes only minutes to erect and dissemble and stores flat requiring very little storage space.

The CollapsibleShed is easily transported on a one ton Ute or trailer. There are only seven panels no bolts and no screws, and it takes only minutes to erect using their patented ‘Hang-Lock’ system, which is unique and secure.

The sheds come in two sizes: • Full size 2.5m x 1.4m x 1.9m: Two palletwide storage • Half size 1.2m x 1.4m x 1.9m: One palletwide storage For more information contact Bob Wissink: Phone: 0428 927 954 Email: bob@collapsiblesheds.com.au Website: www.collapsiblesheds.com.au

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what’s new

ABOUT US Green Illumination started as a result of a need to access the highest quality LED technology, designed and engineered for the Australian market. Green Illumination is an Australian owned and managed business specialising in the design, manufacture and supply of LED lighting solutions.

Our motto is simple; we are dedicated to the highest possible quality, reliability and performance of our products. Our focus on product design and development ensures that we can provide market leading lighting products across the residential, and most recently commercial and industrial sectors.

WHY US? • Complementary lighting design service, including IES files and lighting plans • Fully compliant, SAA and EMC products • Extensive product warranty offering • Deal directly with the supplier • Ease and convenience of lighting delivered directly to your building site COMMERCIAL LIGHTING We have recently launched a new commercial and Industrial range of LED lighting. We continue to see a market shift towards the replacement of existing inefficient and bulky lights that require regular maintenance and bulb replacement. With

on-going advancements in LED technology, such as improved dimming, light distribution and lifespan, LED products continue to disrupt the traditional lighting markets.

At Green Illumination our research and development of these new products includes independent testing by accredited lighting laboratories to ensure absolute compliance with Australian and New Zealand safety and EMC standards. Further testing is then conducted during and post manufacture to ensure strict product quality and performance in all our products.

COMMERCIAL LIGHTING FEATURES: • High brightness with impressive colour rendering properties (CRI) • Lower Energy Consumption • Expanded Lifespan • Quality product BACKED by 5 year warranty

Innovative features of the Retrofit range include: • Highly efficient 11.1 W downlight, incorporating the latest in LED chip technology.

• High illumination of 713 lumens (3000K) and 730 lumens (4000K) making it an ideal replacement for the 50W halogen dichroic, producing almost identical illumination.

• IP44 rated for bathroom/outdoor areas.

• Compatibility with Clipsal, Cbus and Dynalite lighting control systems with smooth dimming down to 5%.

• High quality product backed by a 3 year replacement warranty.

• An 80mm cutout diameter and low profile of 44mm, allowing installation in existing cut outs, with low ceiling heights.

For more information on any of our products or to obtain a complimentary lighting design please contact us on (07) 3299 2496 or email sales@greenilluminate.com.au

RESIDENTIAL LIGHTING With the phasing out of inefficient forms of lighting, a huge demand for LED replacements became apparent in the market. In response to this, we released our signature retrofit downlight kit, designed specifically to replace the typical halogen downlight.

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what’s new

BOSCH BLUE’S POWER READY WIRELESS CHARGING THE FUTURE OF CHARGING TODAY THE BAYER PROTECTION PROGRAM OFFERS HOMEOWNERS TOTAL TERMITE PROTECTION A first for the termite industry in Australia, the Bayer Protection Program offers homeowners total termite protection -- a combination of regular termite inspections (e.g. annually) to detect the presence of termites; and a physical barrier (Kordon®) to prevent entry via areas that can’t be inspected.

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

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

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

• Charge batteries while still connected to the tool – making charging your tool as simple as putting it down • Allows you to work continuously without interruption • Save time and money, working with only one battery • 100% compatible with all existing Bosch Blue Li-Ion Power Tools* It’s hard to imagine a single product redefining an entire industry, but every now and then a game changer comes along. This year Bosch Blue is changing the game and leading the charge, both literally and figuratively with its world first Power Ready Wireless Charging Technology.

Due to hit the Australian market mid May, this new technology is compatible with the entire 18V Bosch Blue Li-Ion power tool range* and will revolutionise the way tradies work on site or in the shop, giving them the flexibility to charge their batteries in between tasks without disconnecting it from the tool – making charging their tools as simple as putting them down.

Bosch Blue Power Ready Wireless Charging Technology not only eliminates the need to have a heap of partially charged batteries, in many instances it eliminates the need for multiple batteries at all; the days of worrying about whether a battery will get you through the task at hand are gone. Whilst all Bosch batteries feature an LED charge indicator, the need to check it will be a thing of the past. Tradies Australia wide will be able to pick up a tool with confidence, knowing it’s always charged and power ready.

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This industry revolutionising technology is based upon the concept of ‘inductive charging’ and is similar to the technology being integrated into smart watches, stovetops and even electric toothbrushes. When the charging station is plugged in and a compatible wireless battery is placed on it, the charger detects the presence of the battery in under a second and starts emitting a magnetic field. The wireless charging battery also comes equipped with CoolPack technology (standard with all new Bosch Blue 18V Li-Ion batteries), which protects your battery from overheating, overdraw and deep discharge – extending your battery’s lifetime by up to 100 per cent^.

The Power Ready Wireless Charging system will not only make tradies more efficient, but it’s compact, and saves them both time and money. The applications are nearly endless; today’s trade professional can now use their Bosch Blue power tools with ease and confidence that they are “Always Power Ready.”

There are also further enhancements yet to come. Launching later in 2015, Bosch Blue’s Wireless Charging Technology will give tradies the ability to conveniently charge the new wireless batteries on the go; while driving in between job sites. Watch this space.

For more information check out www.bosch-pt.com.au/professional *Excluding GML 18 V-LI Soundboxx ^Comparison of batteries with/without CoolPack cooling technology

PLACING STARTER BARS IN CONCRETE FOOTINGS HAS ALWAYS BEEN A VERY TIME CONSUMING JOB Having to tie-wire each bar to the mesh, then tie-wiring horizontal steel lengths to hold them together. Then avoiding all the props, that are outside the trench holding the starters in place, with your wheel barrow or concrete pump lines.

Entire lengths of starter bars falling over from props being hit is definitely not good, especially when concrete is pumping.

NOT ANYMORE! WITH

QUICKFIT STARTER BAR HOLDERS YOUR JOB WILL ALWAYS RUN SMOOTHLY, SAVING YOU TIME AND MONEY – THAT IS WHAT IT’S ALL ABOUT • Simply slide the QUICKFIT down the starter bar and rest it in the cradle • A zip tie connects the starter to the cradle for extra support • With the QUICKFIT and starter bar together, it simply clips to the mesh • This system takes approximately 1 minute for each starter bar placement • With a simple measurement on the steel to locate each starter bar, you are guaranteed perfect spacing and alignment.

JOB DONE. DESIGNED, DEVELOPED AND MADE IN AUSTRALIA

QUICKFITSTARTERBAR.COM.AU

1300 500 337

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Clipping the wings of phoenix businesses “We are telling phoenix operators: ‘You’re being watched and you will be reported’.”

- Bruce Collins, Assistant Deputy Commissioner, Australian Taxation Office

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

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

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

- Bruce Collins, Assistant Deputy Commissioner, Australian Taxation Office

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

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

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

Head contractors paying sub-contractors directly Report phoenix or suspect behaviour online at www.ato.gov.au/reportaconcern or by phone on 1800 060 062.

You can remain anonymous.

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

Establishing conditional contracts with money quarantined for payment of sub-contractors Allowing sub-contractors to give directions on how their payments are disbursed.

Authorised by the Australian Government, Capital Hill, Canberra.

Printed by Master builders magazine (NSW & Vic) Newstyle Printing, 41 Manchester Street, Mile End, SA, 5031.

Official Magazine of the Master Builders Association of NSW | Issue Three | Jun - Jul 2015