2015 Master Builders Western Australia Magazine September - October

VOLUME 12 | NUMBER 4 | SEPTEMBER – OCTOBER 2015

Probuild’s Cloisters

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AWARDS

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NCPs under microscope

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Perkins Builders: 50 years up

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Trends emerge in salary guide

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The future for apartment building

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4

contents SEP/OCT 2015

OUR COVER A project revitalising the historic CBD Cloisters site and a spectacular regional court took honours in the 2015 Excellence in Construction Awards. See pages 22-26 for full details.

IN THIS ISSUE...

FOREWORDS

UPDATES

President’s File ......................................................6

Comment .............................................................27

What’s New .........................................................59

Director’s File .........................................................8

Building Business ................................................30

Directory ...............................................................59

Housing ...............................................................34

REPORTS

Industrial Relations ..............................................37

General News ......................................................10

Insurance .............................................................39

Branches .............................................................18

Legal ....................................................................40 Members’ Health .................................................42

AWARDS

Membership ........................................................44

Excellence in Construction ..................................22

Personal Pars ......................................................50 Safety ..................................................................52 Technical .............................................................56 Training ................................................................57 Utilities .................................................................58

PUBLISHED BY

Crowther Blayne & Associates Pty Ltd Phone: 1800 222 757 Fax: 1800 063 151 Email: publications@crowtherblayne.com.au National Sales and Marketing Manager: Trish Riley Sales: Rose Delosreyes, Craig Flenley, Daniel Rutland Email: sales@crowtherblayne.com.au Graphic Design Team: Michelle Triana and Andrew Crabb Editor: Samantha Regan Production Coordinator: Yvonne Okseniuk Printed by Newstyle Printing

Master Builder is the official publication of The Master Builders Association of Western Australia. It is produced five times per year and published by Crowther-Blayne & Associates Pty Ltd. Master Builders Association of Western Australia was established in1898 and is the state’s oldest building industry organisation. The MBAWA is part of the Australia-wide Master Builder movement. Master Builder is produced to keep members informed of matters affecting them. Opinions and/ or statements in any editorial and/or advertisements are not necessarily those of the publisher and/or the MBAWA. The publisher reserves the right to reject any material deemed unsuitable for publication. Other than for the purposes of and subject to the conditions prescribed under the copyright Act 1968, no part of Master Builder may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission from the MBAWA or Crowther-Blayne & Associates Pty Ltd.

MBAWA BOARD OF MANAGEMENT: President: John Ripp Senior Vice President: Robert Spadaccini Vice President: David Crothers Treasurer: Chris Lillis Immediate Past President: Robert Shaw Board Members: George Allingame, Philip Kemp, Jason Kunkler, Andy Peppercorn, Dan Perkins, Jack Pleiter, Michael Vermey.

SENIOR STAFF: Director: Michael McLean Contracts & Administration Manager: Charles Anderson Construction Director: Kim Richardson Membership Services Manager: Veronica Mill Housing & Business Development Director: Geoff Cooper Partnerships & Marketing Manager: Kelly Dewar-Matusik Events Manager: Monique Milne Technical Advisor: Romina De Santis Training Director: Neil Du Rand Safety Manager: Michael Fitzgerald Waste Reduction Consultant: Michael Norriss

HEAD OFFICE: 35-37 Havelock Street, West Perth WA 6005 Post: PO Box 167, West Perth WA 6872 Phone: (08) 9476 9800 (Country) 1300 550 262 Fax: (08) 9476 9801 Email: mba@mbawa.com Website: www.mbawa.com MASTER BUILDERS TRAINING CENTRE 594 Hay Street Jolimont WA 6014 Phone: (08) 9441 8000 Fax: (08) 9441 8001 Email: training@mbawa.com REGIONAL BRANCHES: Albany-Great Southern: Linda Gibbs Ph 9841 6232 Bunbury-South West: Geoff Bosustow Ph 9721 6547 Geraldton-North West: Dianne Gilleland Ph 9921 5061 Esperance: Doug Backhouse Ph 0437 184 366 Kalgoorlie: Sarah Hinton Ph 0412 487 970 MEMBERSHIP INQUIRIES: Veronica Mill Ph (08) 9476 9800 SUBSCRIPTION ENQUIRIES: Master Builder is available for subscription at a cost of $55/year. Contact Membership Services Manager Veronica Mill via email at veronica@mbawa.com for further information.

Builder priority line 1800 334 256

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6

FOREWORDS president’s file SEP/OCT 2015

CONSTRUCTION INDUSTRY – CELEBRATE OUR HERITAGE builders would attest, there is a lot of blood, sweat and tears along the way but more often than not we all believe it is worth it.

Managing the many risks (generally associated with time, money and litigation) and finding innovative solutions to unforeseen problems is often what distinguishes a good project from an award winning project.

John Ripp

This year marks the centenary of the ANZAC landing at Gallipoli. It is a memorable event that through the decades has defined Australia’s and New Zealand’s character and standing on the world stage. The anniversary on 25 April was celebrated around Australia and in many places around the world, the ANZAC dawn services yielding record numbers.

ANZAC Day is commemorated not just as a public holiday, but an opportunity to thank those brave young men and women who gave their lives to make our country what it is today.

Master Builders Bankwest Excellence in Construction Awards are prestigious and can enhance pride, confidence and reputation among your team. They also provide a good benchmark against competitors. More importantly, each project that is entered showcases the extraordinary capabilities and breadth of talent across our diverse industry.

These awards are, therefore, something we should all be proud of as an industry. Our judges have consistently reported that the margin between entrants and many winners is extremely fine; like some tender prices with fine margins these days!

Through the decades since that gallant venture, the construction industry has been a major part of Australian life and the Commonwealth. It has contributed lifelong careers for our people, produced the infrastructure for our economy and built the buildings to house our families and commerce.

This year’s awards were presented at the Perth Convention Centre late in July with a crosssection of the best non-residential builders and contractors in attendance. It was another memorable night organised by our events team with an Abba theme, courtesy of Bjorn Again being the feature act. We had more than 70 entries from Kununurra to Esperance so our seven judges certainly were kept busy.

On behalf of all entrants, I thank the judges for their commitment and professionalism.

The industry is not without its risks and in times such as the present, we see some of our brother companies fall victim to market conditions. Most

Congratulations to all winners and thank you to all builders and subcontractors who had the pride in their projects to enter. Once again

Acknowledging the Support of our 2015 Partners:

Insurance Partner

a special magazine showcasing all winners and entrants has been published by Crowther Blayne. You can obtain a free copy from Master Builders’ head office and from our regional offices.

Most of the winning builders and projects will be vying for national honours at the Master Builders National Excellence in Building and Construction Awards on the Gold Coast in November. This event will be the climax of a two-day national conference which I encourage members to attend. There is always a first class blend of speakers and topical issues for discussion and to learn about.

Finally, I sincerely acknowledge the support of all our corporate sector alliance partners who once again have greatly assisted Master Builders in presenting our prestigious awards program. We are particularly grateful to have the State’s leading bank in Bankwest, which celebrated its one hundred and twentieth anniversary this year, as our principal partner for the eighth year.

Hopefully, Building Management and Works might find the funds to sponsor the Best State Government Building next year as the public sector needs to contribute to the pursuit of excellence as well as wanting the lowest tender prices.

John Ripp President

Natural beauty is timeless.

Introducing our new Pearl face brick range.

Our new Pearl face brick range features a distinctive smooth face with a subtle cut finish, adding natural beauty and style to any project.

Available in five contemporary colours, these high quality monochromatic bricks can also be used to create seamless solid colour walls by matching the mortar.

For more information about our stunnning new Pearl range, call 13 15 40, visit www.midlandbrick.com.au or drop into a Midland Brick Centre.

by

Colours and textures are indicative only due to limitations in photographic and printing processes.

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8

FOREWORDS director’s file SEP/OCT 2015

BUILDERS DESERVE BETTER protection framework needs a rethink. Finding a more sustainable model is not insurmountable.

We need an innovative approach to the broader issues and to start by reducing the risk of builders going broke.

The Building Commission and Building Services Board need to take more responsibility on who are registered as builders and what new entrants, as well as other builders, can build. It is not viable to rely on insurers to clean up after the mess. If nothing else, the past two decades have taught us that insurers don’t want to enter this unprofitable market. Taxpayers shouldn’t have to underwrite the scheme.

Michael McLean

Housing indemnity insurance was launched in 1996 and has had a chequered history ever since. A number of astute builders foresaw problems a mandatory scheme would create, but few could have anticipated the dramas and frustrations that have occurred.

Examples of problems home builders have experienced are: • The collapse of major underwriter HIH. • Entry and withdrawal of at least three other underwriters.

• The growing discrepancy in premiums paid by individual builders.

• Restrictions insurers place on builders seeking to grow their businesses.

• The impact that insurance premiums have on housing affordability.

• Uncertainty about current arrangements following the recent collapse of two larger builders.

The State Government now fully underwrites the risks being covered by insurers QBE and Calliden. That being so, the question being asked is, how did a company like Capital Works Constructions get indemnity insurance certificates for almost 200 homes?

We need to learn from this experience to minimise the chances of it happening again.

With a large chunk of WA’s housing indemnity premium pool likely to be paid out following these builder collapses, the Government’s entire

Master Builders’ preferred position is to scrap the scheme because it is unsustainable and once again uncertain. While premiums are rising, coverage is staying the same with $100,000 per home maximum payout.

The reality is that neither the Barnett Government nor the McGowan Opposition wants to expose homebuyers to ‘dodgy’ builders. A political solution needs to be found.

This means a compromise.

Master Builders has suggested to the Commerce Minister that the existing scheme needs to be narrowed if it is to be salvaged and made appealing to private insurers. For example, the scheme could be amended to only provide mandatory cover to new homes valued up to $500,000 (the jurisdiction of the Home Building Contracts Act) or some higher amount, say $750,000. The period of cover for structural versus non-structural claims also could be streamlined.

There should be more education and responsibility placed on homebuyers to do their homework before selecting their builder – some slick sales representatives can be very persuasive with naive homebuyers. Information about builders should be available to consumers so that principles such as buyer beware can apply. The ‘six year tail’ for structural issues

Acknowledging the Support of our 2015 Partners:

Insurance Partner

could be reduced to 12 months, after which there would be no recourse to the scheme.

With premiums for some new homes now $3000-$4000, homebuyers might be allowed to opt out of the scheme if they have confidence in their builders. The problem, however, is that banks might not finance new homes without indemnity insurance. Also, the premium pool could be eroded, putting upward pressure on premiums.

Apartments beyond triplexes also should be excluded.

Master Builders has recommended an urgent review – by an independent consultant or the Commission – of the home building consumer protection framework, including the indemnity scheme. The priority should be on expediting this review.

As always, there are vested interests keen to preserve the status-quo in order to protect current revenue streams. We hope the Barnett Government puts the interests of the housing industry and its clients above these vested interests. The review outcome is likely to yield winners and losers. The sustainability of the scheme, covering more than 30,000 new homes and renovations annually, is the overriding objective.

Builders deserve a better housing indemnity scheme. It is government’s role to provide an appropriate environment in which businesses can trade and flourish and consumers are adequately protected. This no longer exists on the housing indemnity front.

The question is, when will Commerce Minister Mischin instigate a review of the scheme to make it economically viable, equitable for builders and secure for homebuyers? Master Builders is of the view that NOW is that time!

Michael McLean Director

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Important things you should know: Lending criteria, fees and charges apply. Terms and conditions apply and are available on request. New credit applications only. Bankwest will pay Master Builders Australia (MBA) a commission on retail loans of 0.33% up to $9,900 and 50% of the borrower’s loan establishment fee on business loans up to $20,000. MBA will use these funds for apprenticeship recruitment programs. Bankwest, a division of Commonwealth Bank of Australia ABN 48 123 123 124 AFSL/Australian credit licence 234945.

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REPORTS general news SEP/OCT 2015

MUCH ADO ON NCPs Master Builders Australia has lodged its submission to the Senate Economics References Committee inquiry into nonconforming products.

regulatory requirements. It also provided an extensive submission on a range of complementary practical solutions to NCPs in the supply chain.

Parliamentary rules prevented the submission being published or more widely distributed until it had been made public by the Committee but the paper recognised serious industry, regulator and consumer concern about the NCPs issue. It highlighted the nature and extent of the problem and argued there is a general responsibility for everyone in the building supply chain to make sure products specified and marketed comply with Australian

At the time Master Builder was being prepared for publication, it was anticipated that the Committee – whose deadline was 12 October – would soon call Master Builders to give evidence on the issue.

Defective wall cladding and cabling have been the high profile problems sparking the current focus on NCPs. The Australian Competition and Consumer Commission has launched a

national awareness campaign to back its recall of Infinity and Olsent electrical cabling installed in homes and business premises.

In WA, it is stated that the recalled cabling could start to degrade and become dangerous from 2018. An estimated 251 kilometres of cabling has to be fixed in WA. Cables exposed to prolonged high temperatures will degrade at a faster rate. Once the insulation is brittle, physical contact with the cables could dislodge the insulation and lead to electric shock or possibly fires.

Along with the cabling issue, fire safety concerns also have been raised on the use of certain aluminium composite panels for external wall cladding where the product has not been tested or demonstrated to meet the requirements of the Building Code of Australia for that use.

The Building Commission says such products can lead to a rapid vertical spread of a fire via the façade of the building.

“Building surveyors, builders, designers and owners must ensure that the fire resistance levels of external walls comply with the requirements of the BCA,” the Commission says. “Any attachments to those walls must also meet the BCA Deemed-to-Satisfy provisions under clause 2.4 of the Specification C1.1, or alternatively [must be] the subject of a performance based building solution that has been approved as meeting the Performance Requirements of the BCA.” The Commission has called for any noncompliant use of aluminium composite type panels to be reported to it and the relevant permit authority. It is working with the City of Perth to audit up to 70 high-risk buildings in the Perth CBD. Information is available in Industry Bulletin 54 (www.commerce.wa.gov.au/publications/ building-commission-industry-bulletin-54external-wall-cladding-fire-safety).

Further details are available in the media release ‘WA buildings audited for cladding compliance’ (www.commerce.wa.gov.au/ announcements/wa-buildings-auditedcladding-compliance).

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REPORTS general news SEP/OCT 2015

PRODUCTIVITY HARNISCH: MEET US ON THE GOLD COAST IN NOVEMBER COMMISSION HIGHLIGHTS IR REFORM NEED Master Builders Australia CEO Wilhelm Harnisch says Building Australia, Master Builders’ biennial national conference – Jupiters on the Gold Coast on 12-14 November – will focus on tools to grow business.

Master Builders Australia CEO Wilhelm Harnisch

The recently released Productivity Commission Draft Report on the industrial relations framework downplays a number of concerns expressed by employers about the IR system’s capacity to deliver improved productivity, competitiveness and business investment, according to Master Builders Australia CEO Wilhelm Harnisch “While welcoming the Commission’s recognition of the need for further reform in areas such as greenfields agreements for the building industry, Master Builders will push for more far-reaching reforms particularly in regard to pattern bargaining, which seriously detracts from productivity,” Mr Harnisch said.

“The community’s interests must be served by the workplace relations system. It is the community which suffers from industrial practices such as pattern bargaining that drive up the cost of schools, hospitals, childcare centres and other community infrastructure.”

Mr Harnisch said the Commission’s report on public infrastructure found that pattern bargaining in the building and construction industry increases costs and reduces productivity.

“Pattern bargaining gives the CFMEU unwarranted leverage and seriously puts at risk the viability of builders if the union’s pattern deal is not signed. The CFMEU’s bully-boy tactics have been revealed in the [Heydon] Royal Commission and must be stopped,” he said.

“Evidence that pattern bargaining is at the centre of alleged cartel conduct has been heard by the Royal Commission. Pattern bargaining is a barrier to the industrial relations system promoting greater competitiveness, productivity and business investment.”

“I am extending a personal invitation to join me at Building Australia,” he says. “We are returning to the Gold Coast by popular demand. There is no need for me to ‘sell’ the destination – it sells itself. If you have been to our National Conference in past years, I look forward to seeing you again and promise you that this year’s event will be even better.”

Mr Harnisch said the conference program will focus on giving contractors the tools to grow their businesses.

“Speakers have been carefully selected to cover a range of topics important to the contemporary building and construction industry,” he said. “We have enlisted high profile speakers who can give you the edge by sharing their knowledge of topics and trends which affect businesses large and small, commercial and residential. In acknowledgement of the phenomenal rise of social media, we have included a presentation by an expert who will give you the confidence to harness the power of social media platforms to extend your advertising reach. Some of you who are daunted by social media will be surprised by the benefits to be gained by ‘engaging’.”

The Commonwealth Games will be held on the Gold Coast in 2018 over 11 days of

competition with 6500 athletes and officials from 71 member countries and territories participating in 17 sports including para-sports.

“It is one of the biggest international multisporting events in the world,” Mr Harnisch said. “The infrastructure associated with the Games is currently under construction, and builders involved have kindly agreed to share their insights at a case session prior to a tour of sporting and residential building sites. This is a unique opportunity for members to see firsthand the complexities involved in delivering projects of this magnitude.”

Mr Harnisch said a comprehensive social program and special Ladies Tour have been designed to entertain and ensure that the event is an exciting experience for everyone.

The National Excellence in Building and Construction Awards presentation dinner on the final evening will be a spectacular finale.

“The 2015 Building Australia conference and National Awards ceremony promises to be invaluable for your business and rewarding for your social calendar and I look forward to welcoming you to the Gold Coast,” Mr Harnisch said.

For more information or to register details or book, visit www.masterbuilders.com.au/ events/national-conference.

• Avoid the risks of using Non-Compliant Steels • How to assure product conformance to standards • National & International Speakers on Compliance Risks

ACRS

Steel Compliance Seminars Australia & New Zealand – October 2015 PERTH – Monday October 12th, 5.30pm-8.30pm SYDNEY – Tuesday October 13th, 5.30pm-8.30pm MELBOURNE – Thursday October 15th, 5.30pm-8.30pm CHRISTCHURCH – Monday October 19th, 5.30pm-8.30pm AUCKLAND – Tuesday October 20th, 5.30pm-8.30pm BRISBANE – Thursday October 22nd, 5.30pm-8.30pm SEMINARS ARE FREE TO ATTEND AND CPD POINTS MAY BE APPLICABLE. • Australia and New Zealand are part of a global supply chain and building & construction products are now being sourced from both overseas and local manufacturers and suppliers. Alarmingly, there is increasing evidence that many suppliers of products, regardless of where they are made, are not providing evidence that they meet Australian and New Zealand Standards and building requirements, and hence they may not comply.

• Formed in 2000 by peak construction industry bodies, the Australasian Certification Authority for Reinforcing and Structural Steels, “ACRS”, independently assesses and third party certifies steel manufacturing & processing at over 150 locations in over 15 countries worldwide for construction steel products supplied to Australian and New Zealand standards.

ACRS is your toolkit for steel compliance.

To register for the free ACRS Seminar Series visit: www.steelcertification.com or www.steelcertification.co.nz

Call ACRS on (02) 9965 7216, email info@steelcertification.com or visit www.steelcertification.com ACRS – The Australasian Certification Authority for Reinforcing and Structural Steels Ltd ABN 40 096 692 545

14

REPORTS general news SEP/OCT 2015

THE BEST $25 EVER SPENT what was out there to help them on-site to reduce the amount of waste going to landfill.”

Michael Norriss and David Markham presenting the Smart Waste seminar – a wealth of knowledge for a $25 outlay.

The majority of attendees at a recent Master Builders’ Smart Waste seminar agreed they were highly likely to develop a waste plan and wanted to further their knowledge on resources to help them reduce waste going to landfill.

This was the conclusion organisers came to following the seminar which cost attendees $25 each.

“Smart Waste is the buzz in the industry with a large percentage of builders already embracing simple and fundamental ‘reduce, re-use and recycle’ steps,” says Master Builders’ marketing manager Kelly Dewar-Matusik. “You can see why those who attended the recent seminar left feeling richer in knowledge, with 22 members inducted onto the new Smart Waste seminar honour roll.”

Ms Dewar-Matusik said the 500 per cent increase to the government waste levy in January – with more yet to come – has created a lot of uncertainty for builders and contractors.

“It’s been hard to know exactly how much it is going to affect the overall cost of sending C and D waste to landfill and the direct effects on building costs,” she said. “As part of the Master Builders’ Smart Waste initiative with the Waste Authority, we want to go out to our members and educate them about the best waste practices available, and this is where the seminar comes in.

“The majority of attendees agreed they were highly likely to develop a waste plan on returning to the office and most wanted to further their knowledge and understanding of

David Markham, general manager of Capital Recycling and chairman of the Waste Management Association of Australia WA C and D working group assisted Michael Norriss, Master Builders’ Smart Waste consultant to deliver the intensive three-hour seminar.

In addition to key information on how to implement and develop a waste plan, they provided advice on how to set up systems for re-use of materials.

“Already many Master Builder members are following the Smart Waste principles,” Ms Dewar-Matusik said. “Contractors who would like to rate themselves against those already practising waste management principles are encouraged to visit the dedicated Smart Waste page of mbawa.com and download the Smart Waste infographic.

“Seminar attendees agreed that learning about products made from recycling was highly valuable. It allowed them to visualise the end goal and helped to provide encouragement to embrace the new initiative. We thank David Markham for sharing his expert knowledge on the recycling industry and the passion he has for Smart Waste processes.”

On completing the seminar, attendees were presented with a certificate of attendance and will be included in the honour roll of Smart Waste knowledgeable members to be held on Master Builders’ Smart Waste page of the mbawa.com website.

To learn more on how to better manage waste, contractors should visit the mbawa.com/smartwaste section of the Master Builders website or contact Michael Norriss, Master Builders’ Smart Waste consultant on 0412 295 147.

HALF TON UP FOR PERKINS BUILDERS Perkins Builders is celebrating its golden anniversary, 50 years in business, in 2015. As a small regional contractor, it operated for the first 25 years in the South West on a range of commercial, industrial and civil projects.

In the early 2000s, however, the company restructured and expanded into the Perth market marking the firm’s real growth curve.

The company brought its traditional attributes to bear and has developed a solid reputation for quality, integrity and delivering a broad range of construction projects.

Perkins also has diversified its brand by adding two additional entities, Commercial Aquatics Australia, specialising in design and construction of aquatic facilities nationally, and Perkins Total Project Delivery, a commercial

general news REPORTS 15 SEP/OCT 2015

The Bunbury Regional Entertainment Centre, a design and construct project in partnership with Peter Hunt Architects, was a challenging and innovative project. It required a well thought out construction program as the existing entertainment centre remained fully operational during the works.

The Roy Hill Remote Operations Centre is a state of the art corporate headquarters and remote operations centre for the company’s North-West mining operations. It provides the company with the capability to remotely control port, rail and mining operations for their Roy Hill mine almost 1500 kilometres away.

construction entity offering expert project management of design and construct projects.

Perkins Builders, under the stewardship of managing director Dan Perkins, now employs 120 direct staff and more than 300 contractors to deliver 20-30 projects each year with a turnover value of $150-$200 million per annum. Mr Perkins reflects on the past 50 years saying that half a century has been defined by productive friendships, enduring relationships and a few stumbling blocks.

When Fraser’s Restaurant in Kings Park was selected as the venue to host the historic Commonwealth Heads of Government Meeting in October 2011 Perkins Builders handled the expansion and upgrade to produce the State Reception Centre.

The project involved building a world class function centre on the roof of the existing restaurant.

“It is important to recognise the support that Perkins has received,” he said. “At the end of the day, I as an individual or we as a company can’t do anything by ourselves. We might be the lead agent, facilitator or organiser, but it’s primarily about the input from our direct staff and very much so from our subcontractors and their ability to organise and support what we do. We would be nothing without our suppliers and subcontractors.”

Perkins Builders was privileged to carry out construction of the Bunbury Cathedral Precinct – a traditional style using modern materials as well as extensive restoration work. The imposing structural icon of Bunbury was the first new Catholic cathedral to be built in Australia in 60 years.

16

REPORTS general news SEP/OCT 2015

MULTI-GENERATIONAL PANEL: HOW WOMEN CAN SUCCEED IN CONSTRUCTION Industry consultant Sue Bailey of Bailey Corporate, Amano Homes general manager Paula West and MPA Skills apprentice Bronwyn Pring outlined their goals, strategies and experiences which have led them, and continue to lead them, to fulfilling careers.

WinBaC Mid-Year Lunch panelists Sue Bailey, Paula West and Bronwyn Pring.

The annual Women in Building and Construction Mid-Year Lunch, held at Royal Perth Yacht Club in June, explored fundamental tools to help the more than 100 guests guarantee their own success.

Three of the industry’s most impressive women formed a panel to take insightful questions from Isla McRobbie, partner at Jackson McDonald Lawyers, an equally inspiring female figure in the building industry.

As the panel entertained lunch guests with interesting and humorous anecdotes, they provided some important takeaways: • Find a supportive mentor to guide you. If you can’t find an official mentor, seek out role models and watch and learn.

• Never compromise your values or principles.

• Have a clear goal of where you want to go and don’t allow others to sabotage you (but remain flexible).

• Address problems early, rather than letting them fester and perhaps drive you away from your chosen path.

Master Builders’ membership manager Veronica Mill says feedback from the lunch indicated a highly successful event.

“One guest said it was her first attendance at such an event and she not only enjoyed it, but also was encouraged to hear about women in the industry and the examples given of various personal challenges,” Ms Mill said.

“She thought it was a really good contrast to have the panel members represented through almost three generations of experience, tenacity, will and vigour.”

Master Builders is keen to expand the WinBaC network and will use information garnered through survey sheets completed at the lunch to develop further opportunities. To learn more about WinBaC events or other initiatives, contact Veronica Mill, veronica@mbawa.com.

The Mid-Year Lunch was sponsored by Cbus, Hays and MBA Insurance Services.

ADVERTORIAL 17 SEP/OCT 2015

CONSTRUCTION TRAINING FUND CASH INCENTIVES FOR EMPLOYERS The Construction Training Fund can reduce the costs of employing apprentices in WA’s building and construction industry for MBA members.

The Training Fund has a range of incentives for eligible employers of apprentices in construction trades, with up to $19,000 in cash now available to help reduce the costs of adding a new apprentice to your business.

The minimum standard grant available to an eligible employer is $3,000 (for a 12 month traineeship), rising to a maximum of $10,000 for a 48 month apprenticeship in core construction trade areas.

In addition to the standard grants, the Training Fund can provide a bonus of up to $2,000 to an employer of an apprentice that has successfully completed a recognised Certificate II VET-in Schools or pre-apprenticeship qualification. The Training Fund is also providing an extra bonus of up to $2,000 to eligible employers for the employment of women in non-traditional trades.

Additional supplements for employment of indigenous and regional trainees/ apprentices bring the maximum grant available to a total of $19,000.

The grants are available to employers of trainees/apprentices registered with the Department of Training & Workforce Development on or

after 1 July 2015. Direct indenture employers receive the grant in three equal instalments. The first is paid after probation and six months of continuous employment; the second at the half-way point of the indenture and the final payment is made after successful completion of the qualification.

MBA members will also receive the benefits of the grant from the Training Fund if hosting an apprentice through a group training organisation (GTO). The GTO claims the grant on your behalf and uses this funding to reduce the cost of employing and training the apprentice.

This will result in a reduction in your net costs of hiring the apprentice through the GTO. Look for the note on the GTO’s invoice that shows your apprentice is being supported by the Construction Training Fund.

Visit bcitf.org or call 9244 0100 for more information about the Construction Training Fund’s apprenticeship grants and other support programs for the construction industry.

It’s yourtraining fund.

Apprentices bring leading edge skills to your business and they help strengthen the building and construction workforce.

That’s why the Construction Training Fund provides up to $19,000 in grants for you to reduce the cost of training each apprentice you employ.

For details on eligibility, visit www.bcitf.org or call 9244 0100.

Receive up to $19,000 to help train an apprentice.

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18

REPORTS branches SEP/OCT 2015

GREAT SOUTHERN BRANCH RE-ELECTS COMMITTEE

GERALDTON WINBAC GOES UNDERCOVER

Guest speaker at the June Geraldton WinBaC dinner Nina Hobson (right) with Lilly Robson, Nicola Sapsford and Tracey Basile.

Master Builders’ Geraldton Branch June Women in Building and Construction dinner with guest speaker Nina Hobson has been acclaimed as, without doubt, a winning event.

Regional manager Di Gilleland says Ms Hobson was so interesting and inspiring she was asked to “please keep talking”.

Lisa Monaco, Dennis Arsic and Dianne Madden at the Great Southern Branch annual general meeting.

The Master Builders’ Great Southern Branch held its annual general meeting at the Association’s Albany premises in June, re-electing the sitting committee and appointing Luke Leeder as chairman for a further year.

More than 50 people attended the meeting which also featured guest speakers Lisa De Cesare (Keystart) and Peter Scott (Bankwest).

Regional manager Linda Gibbs reports the presentations were informative and well received and the meeting was a great success.

The new committee comprises Mr Leeder, Andrew Holmes (vice chairman), Tammi Owens (treasurer), Nathalie Wauters, Brad Eastough, Murray Philip, Marcus Hodge, James Wearing and Matthew Pocock.

The AGM was sponsored by True North Energy, Bankwest and Keystart.

“Her life story and journey to where she is today had the ladies just enthralled,” Ms Gilleland said. “As executive director of Meridian Services, Nina already has a high profile in Perth, and is gaining recognition in far flung places like Africa. However, most people will not be aware of her previous career as a British police officer, followed by two high rating television programs, Undercover Copper and Undercover Mum, all of which required great skill and true courage. We heard stories of her dangerous escapades and what else could we say but, simply amazing!

“We are working on a time for Nina to return so all members are given the opportunity to hear her stories.”

The event was sponsored by DaVinci Tile Gallery, GOPP and All Decor.

DENMARK MEETING Members of Master Builders’ Great Southern Branch committee were guests of the Denmark Chamber of Commerce and Industry recently.

Master Builders’ director Michael McLean attended the meeting explaining the Association’s activities and providing a roundup of current issues.

MBA Insurance Services state manager Nick Vernon also attended and spoke about insurance requirements and products.

The meeting, at Thorntons Hardware, attracted about 60 building industry participants.

Liz Jacks with local CCI members at the Denmark meeting.

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20

REPORTS branches SEP/OCT 2015

MILESTONE FOR ESPERANCE BUILDER

SOUTH WEST INDUSTRY TACKLES WASTE MANAGEMENT

Master Builders has congratulated Esperance’s John Crawley who has completed an impressive 60 years in the building industry, many including Association membership.

Mr Crawley undertook a five-year apprenticeship in carpentry and then, in 1980, became a registered builder, a career he still loves. He has combined his passion for training, community service and heritage restoration with some notable highlights, including: • Judging Master Builders’ regional awards.

• Training many apprentices.

• The Thomas River project which engaged and guided street kids.

• Restoration of the Grass Patch Post Office.

• Restoration of the Grass Patch Cricket Pavilion.

• Restoration of the Bijou Theatre (heritage listed and the only iron clad theatre still operating).

Master Builders’ director Michael McLean says this is just a small representation of a long and productive career.

“We thank John for his ongoing commitment to Master Builders and hope he will enjoy many more interesting projects in the coming years,” he said.

FOOTY TINGED WITH SADNESS

Master Builders’ waste reduction consultant Michael Norriss.

Master Builders recently released the Smart Waste Guide – South West edition to help residential and commercial builders and subcontractors reduce construction waste and cut costs.

Master Builders’ South West regional manager Geoff Bosustow says the guide includes information on how to avoid wasting money on landfill disposal, cut unnecessary transport costs and reduce purchasing costs.

It has a list of recycling facilities and bin contractors in the South West.

“There is a lot builders and subcontractors can do to avoid waste being disposed to landfill,” he said. “All through the guide we’ve included practical examples of recycling from our award entrants. It shows what already is being done.

“The new guide will give our members lots of information on how to go about cutting waste. There are additional benefits for builders in reducing their waste – it helps create a safer workplace, shows environmental responsibility and helps avoid future punitive environmental regulation.”

The guide includes information for residential as well as commercial builders and their subcontractors.

The Waste Authority and Master Builders are working to increase the recycling or reuse of waste in WA to reduce the proportion of waste that goes to landfill from 60 per cent to 40 per cent. The Association, with Waste Authority support, also has introduced a recycling award at the South West Building Excellence Awards. CPD Industries received the award in 2015.

Master Builders’ waste reduction consultant Michael Norriss is available to assist builders and subcontractors with information on recycling.

Email wasteless@mbawa.com. The initiative is supported financially through the Waste Authority’s Waste Avoidance and Recovery Account.

Dennis and Di Gilleland with Jo and Rob Menzies at the Eagles-Crows match.

Prominent Geraldton-North West Branch member Rob Menzies (Roebuck Estate, Broome International Airport) treated regional manager Di Gilleland and husband Dennis to what turned out to be a special West Coast Eagles match against the Adelaide Crows at Domain Stadium in July.

The home team was a clear winner with a 56 point margin, but it was an emotional game with the crowd paying special tribute to the Crows’ late coach Phil Walsh.

DO YOU KNOW SOMEONE WHO HAS Entrepreneurial Entrepreneurial flair flair and and great great examples examples of of lateral lateral or or creative creative thinking, thinking,

O OR R

Outstanding Outstanding potential, potential, work work ethic ethic and and commitment commitment of of a a young young person person

IN THE BUILDING INDUSTRY? N NO OM M II N N AT ATE E T TH HE EM M F FO OR R A A R R II C C N NE EW W A AW WA AR RD D N NO OW W

SELECTION CRITERIA SELECTION CRITERIA

SELECTION CRITERIA SELECTION CRITERIA

> Entrepreneurial flair, examples of lateral or creative thinking, outstanding potential and achievements of a young person (35 years and under) to the building industry in WA.

> Outstanding potential, work ethic and commitment of a

> Practical applied achievements, rather than academic performance.

PRIZE > PRIZE > In addition to the Ric New Medal, a return economy class airfare from Perth to London and $2,000 expenses.

young person (25 years and under, other than apprentices) to the building industry in WA.

> Achievements (rather than academic performance), overcoming adversity and potential contribution to the building industry.

PRIZE > PRIZE > $2,000 plus unique trophy

N O M I N AT I O N F O R M S , T O B E C O M P L E T E D B Y T H I R D P A R T I E S , C A N B E O B TA I N E D F R O M M A S T E R B U I L D E R S ( P H : 9 4 7 6 9 8 0 0 O R E M A I L : S K Y E @ M B A W A . C O M ) .

N O M I N AT I O N F O R M S , T O B E C O M P L E T E D B Y T H I R D P A R T I E S , C A N B E O B TA I N E D F R O M M A S T E R B U I L D E R S ( P H : 9 4 7 6 9 8 0 0 O R E M A I L : S K Y E @ M B A W A . C O M ) .

T H E C L O S I N G D AT E F O R N O M I N AT I O N S I S 1 1 S E P T E M B E R 2 0 1 5 .

T H E C L O S I N G D AT E F O R N O M I N AT I O N S I S 1 1 S E P T E M B E R 2 0 1 5 .

P R O U D LY S P O N S O R E D B Y M I D L A N D B R I C K P R O U D LY S P O N S O R E D B Y M I D L A N D B R I C K

22

AWARDS excellence in construction SEP/OCT 2015

CONSTRUCTION EXCELLENCE CELEBRATED ON A NEON NIGHT

The team behind Probuild Constructions’ overall winning Cloisters on Hay project which also won awards for Best Steel Building and Best Office Building.

National president of Master Builders Australia Trevor Evans addresses the Awards audience.

The Awards were an opportunity to present to MATES in Construction, the proceeds of Master Builders’ Ride Against Suicide motorbike cavalcade from Kings Park to Dwellingup in May. Pictured (l-r) are Paul Carpio (ReddiFund), Godfrey Baronie (MIC CEO) and Master Builders’ president John Ripp.

excellence in construction AWARDS 23 SEP/OCT 2015

The BelleVue Ballroom was transformed for the Awards’ Neon Night disco theme.

Renowned tribute band Bjorn Again had the crowd dancing and singing along to ABBA.

A record number of more than 730 guests were transported back to the seventies disco era to celebrate WA’s premier event for commercial builders when the 2015 Master Builders-Bankwest Excellence in Construction Awards were held late in July.

Association events manager Monique Milne says the awards are like no others.

“The winners are awarded for their outstanding level of workmanship, which reflects the skills of the traditional Master Builder,” she said.

“Our skilled team of judges look past things like aesthetics, design and function and focus on what is most important – quality and construction excellence.”

The awards were held in the BelleVue Ballroom at the Perth Convention and Exhibition Centre, which had been transformed with a Neon Night disco theme. Ms Milne said that, with a record of more than 77 entries this year, there was a keen sense of rivalry among the attendees with some of the biggest names in commercial building on the edges of their seats in anticipation of the announcement of the top prize, the 2015 Bankwest Best Project.

“In fact, Probuild Constructions took off the top honour with its Cloisters on Hay project,” she said. “Other notable winners on the night included Cooper and Oxley Builders for its construction of the Kununurra Replacement Courthouse, EMCO Building for Scotch College

Middle School and Lend Lease for Lakeside Joondalup Redevelopment. Metrowest Electrical & Communications took out the sought after Subcontractor of the Year Award, as well as the Subcontractor Award for Services for its work on the NBN Satellite Earth Stations.

“The crowd was entertained well into the night

by Bjorn Again, the most successful tribute band of all time and the only ABBA show to be endorsed by original band members Benny and Bjorn.”

24

AWARDS excellence in construction SEP/OCT 2015

PROBUILD CONSTRUCTIONS TOPS RECORD FIELD Probuild Constructions won the 2015 Bankwest Best Project at July’s Master Builders Bankwest Excellence in Construction Awards for its construction of Cloisters on Hay. Cloisters on Hay is a mixed-use development occupying a site between Hay St and St Georges Terrace connected by the Cloisters Arcade. The development comprised extensive demolition to allow a new 13-level lift and stair core to pass through an existing two-level basement and one level of office space. The stairs and lift connect nine new levels of commercial office space and fully enclosed central plant room.

Awards judge Andy Peppercorn says the project was well executed under extremely difficult circumstances.

“The maintaining of existing tenancies, the façade restrictions, the site constraints and the structural requirements were all carried out with great diligence in a tight timeframe – an outstanding result,” he said.

Cloisters on Hay won Probuild Constructions the top accolade in the 2015 Master Builders Bankwest Excellence in Construction Awards.

Probuild’s contract was completed on time despite aspects having to be undertaken outside normal working hours for the protection of the public.

The development outscored other finalists, the Kununurra Replacement Courthouse built by Cooper and Oxley Builders, the Scotch College Middle School (EMCO Building) and Lend Lease’s Lakeside Joondalup Redevelopment. Cloisters on Hay also won awards for Best Office Building and Best Steel Building.

The Awards judges were high in their praise of the builder’s work.

BUCHAN GROUP JUDGED BEST The Buchan Group was rewarded at the Excellence in Construction Awards, being acknowledged as the year’s outstanding architectural practice.

The firm was presented with the Peter Hunt Architects Award after winning recognition from the contractor entrants in the Construction Awards. Each entrant nominated the three best architectural firms it had dealt with in the past 12 months, providing ratings for professional standards, quality of documentation, dealing with issues fairly and expeditiously, communication and general contract administration.

The Buchan Group came out on top, receiving the award named in honour of Peter Hunt who died in November 2014. Mr Hunt made an enormous contribution to the architectural profession and building industry through his longstanding design practice, award winning projects and his involvement in education and mentoring. His architect daughter Suzie Hunt was on hand for the presentation to the award winners.

Celebrating being named the year’s best architectural practice, The Buchan Group’s Lou Cotter and Wendy Cotter flanked by Suzie Hunt and David Stead (award sponsor Hays).

excellence in construction AWARDS 25 SEP/OCT 2015

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26

AWARDS excellence in construction SEP/OCT 2015

AWARDS HONOURS LIST BEST PROJECT Sponsor: Bankwest Probuild Constructions Cloisters on Hay

BEST STATE GOVERNMENT BUILDING Sponsor: Building Commission PS Structures State Netball Centre

SUBCONTRACTOR AWARD FOR SERVICES Sponsor: Cbus Metrowest Electrical & Communications NBN Satellite Earth Stations

BEST REGIONAL PROJECT Sponsor: MBA Insurance Services Cooper & Oxley Builders Kununurra Replacement Courthouse

BEST MULTI-UNIT DEVELOPMENT UNDER $50 MILLION Sponsor: West Australian Mechanical Services Demspey Gillespie Construction Bluewater

SUBCONTRACTOR AWARD FOR FINISHES Sponsor: Cbus Exclusive Linings Cockburn Gateway Shopping Centre

SUBCONTRACTOR OF THE YEAR Sponsor: Cbus Metrowest Electrical & Communications NBN Satellite Earth Stations PETER HUNT MEMORIAL ARCHITECTS AWARD Sponsor: Hays The Buchan Group BEST NEW BUILDER Sponsor: Hays M Construction JIM SAUNDERS MEMORIAL JUDGES INNOVATION AWARD Sponsor: MBA Insurance Services Goodland Building Company B17-Adara BEST HISTORIC RESTORATION OR RENOVATION UNDER $5 MILLION Sponsor: ReddiFund Badge Constructions WA Youth Hostel Fremantle Prison BEST HISTORIC RESTORATION OR RENOVATION OVER $5 MILLION Sponsor: ReddiFund Pindan Pty Ltd Claremont Council Chambers BEST REFURBISHMENT OR RENOVATION UNDER $20 MILLION Sponsor: Laminex PS Structures Curtin Building 501 Refurbishment BEST REFURBISHMENT OR RENOVATION OVER $20 MILLION Sponsor: Laminex Brookfield Multiplex Constructions St John of God Hospital Redevelopment EXCELLENCE IN WASTE MANAGEMENT Sponsor: Waste Authority Goodland Building Company B17-Adara

BEST MULTI-UNIT DEVELOPMENT OVER $50 MILLION Sponsor: West Australian Mechanical Services Diploma Construction QIII – Queens Riverside EXCELLENCE IN ENERGY EFFICIENCY UNDER $20 MILLION Sponsor: Kleenheat Gas Psaros Sellenger by Psaros EXCELLENCE IN ENERGY EFFICIENCY OVER $20 MILLION Sponsor: Kleenheat Gas Jaxon Cockburn Integrated Health and Community Centre BEST HEALTH/AGED CARE BUILDING Sponsor: Crowther Blayne Brookfield Multiplex Constructions St John of God Hospital Redevelopment BEST SENIORS/AGED PERSONS MULTI-UNIT DEVELOPMENT Sponsor: Jackson McDonald BGC Construction Orion Terraces BEST RETAIL BUILDING UNDER $100 MILLION Sponsor: Stramit Cooper & Oxley Builders Cockburn Gateway Shopping Centre BEST RETAIL BUILDING OVER $100 MILLION Sponsor: Stramit Lend Lease Lakeside Joondalup Redevelopment SUBCONTRACTOR AWARD FOR CLADDING Sponsor: Cbus Denmac Industries Edith Cowan University Student Services

BEST INDUSTRIAL BUILDING Sponsor: easifleet BGC Construction Komatsu BEST EDUCATION BUILDING UNDER $20 MILLION Sponsor: Meridian Services EMCO Building Scotch College Middle School BEST EDUCATION BUILDING OVER $20 MILLION Sponsor: Meridian Services PACT Construction Edith Cowan University Student Service BEST FITOUT Sponsor: Blackwood Insideout Building Raffles Hotel BEST OFFICE BUILDING Sponsor: KONE Probuild Constructions Cloisters on Hay BEST PUBLIC USE BUILDING UNDER $20 MILLION Sponsor: Levesys PACT Construction Baldivis Library and Community Centre BEST PUBLIC USE BUILDING OVER $20 MILLION Sponsor: Levesys Jaxon Cockburn Integrated Health and Community Centre BEST CIVIL ENGINEERING WORKS Sponsor: Hanson Cooper & Oxley Builders Butler Railway Station BEST STEEL BUILDING Sponsor: Fielders Probuild Constructions Cloisters on Hay

comment UPDATES 27 SEP/OCT 2015

It’s disappointing to receive ongoing concerns about the quality of trades in WA, says Master Builders’ marketing manager Kelly Dewar-Matusik.

TRADES MUST DEMONSTRATE THE VALUE OF QUALITY tradies who are committed to quality work and want to be paid fairly for doing the work properly, yet miss out on winning jobs.

Master Builders’ marketing manager Kelly Dewar-Matusik.

We know that there are lots of tradespeople committed to quality workmanship. But there are those who choose to cut corners, which is a concern for our industry.

A sometimes carefree culture among some tradespeople is partly a reflection of the good times they’ve enjoyed, with high hourly rates and lots of clients.

Shortages of trades are clearly a major cause of delay and frustration. It highlights the need for the industry and government to collaborate to train more workers in WA. We do need more young people taking advantage of the attractive salaries and career paths in the trades in our State.

Master Builders has responded to consequent demand for quality tradespeople to introduce a new Master Tradesman classification. You can find a Master Tradesman on mastertradeswa.com.au. Email any comments to kelly@mbawa.com.

There has been a large demand for trade in WA for many years – there simply haven’t been enough to go around at times. Indeed, we have had a large step up in demand in the last 15 years in all areas of construction – residential, commercial and civil and engineering. As one example, residential dwelling approvals have increased from the 15 year average at around 23,000 – to reach 32,000 approvals in the last 12 months. This has meant that tradies have become scarce at times pushing up rates.

So trade businesses which might not survive a downturn have thrived without being committed to customer service or quality work. This situation doesn’t seem set to change quickly.

The complexity of the building process and building products has meant that the trades have had to specialise more. Years ago, a plumber would deal with all gas, water and reticulation connections, but now specialist and different trades do these jobs individually.

Overall, the construction workforce has expanded to reach a record of 158,000 workers recently, more than 11 per cent of the workforce. But we still don’t seem to have enough new tradespeople to meet demand.

The increased trades demand also results from more complicated work in buildings. Unit living in three storey and above buildings is growing in popularity. There are also more features in buildings and thus more sophisticated work to be done in construction in WA. Higher energy efficiency requirements can mean additional insulation, double glazing, eaves or other design features that might add to the complexity of building work, depending on the orientation of a building. Security, smart wiring and more electronic features also require more complex work to be undertaken.

It’s your business to register.

Renovations are also increasingly popular, which can mean more challenging and difficult jobs for trades to retrofit or integrate building work. We can thank our onerous stamp duty laws for providing a strong incentive to renovate rather than move from a home.

Bigger houses on smaller blocks also require more work by trades to ensure that services fit.

There are, unfortunately, a lot of consumers who choose tradespeople solely on price. Some businesses respond by cutting corners to win work and by limiting their customer service. This is disappointing for

If you employ workers in the construction industry you may be required by law to register in the Construction Industry Long Service Leave Scheme.

Find out by visiting www.myleave.wa.gov.au or by calling 08 9476 5400.

28

UPDATES comment SEP/OCT 2015

WA’s future is bright indeed, says Master Builders’ housing director Geoff Cooper.

BOOMING WA – THINK ABOUT THE TV YOU WATCH Yes, the resources sector is going through a down cycle in prices. But guess what – there are lots of expansion projects, new mines planned, exploration being done and some highly profitable resources projects continuing. There are green shoots there.

Master Builders’ housing director Geoff Cooper.

It’s really the right time for smart business people to focus on the opportunities amid the foggy gloom surrounding us in WA. It’s hard to believe quite how negative we can be.

Even the Premier has come out and said that we’ve got a pretty difficult 12 months ahead of us in WA.

Even if the mining sector is contracting overall, it is only one employer and a pretty small one at that – compared to the health care, construction and retail sectors. Look at the figures.

Our media is filled with negativity – I guess it’s a fascination with problems that sells news items. If there are job losses they hit the front pages. Yet job creation isn’t widely reported, instead we focus on unemployment figures.

Many business people are lamenting the mining sector pull-back.

Politicians are highlighting the unemployment increase. Economists are highlighting interstate and international migration falls.

Smart investors will be looking at the long-term growth in our community in their planning and investment decisions.

But there is so much going for WA. There are lots of bright spots. Our retail spending is holding up. We have record low interest rates. Incomes of working Western Australians in real terms are at record highs. Our standard of living has increased. Consider the features on the car you drive or the size of the TV that you watch compared to 15 years ago!

Among Master Builder members, astute construction companies will be looking at the areas of growth – such as aged care, retail, tourism, education and pockets of residential construction for the next job. They will be planning to deliver even more for their clients. They won’t be focused on the gloom; they’ll be focused on where we will grow instead.

Our population continues to grow. Despite migration falls, we’re still having plenty of kids and lots more each year than even a decade ago.

A growing population means more domestic demand for all sectors.

So think critically about what you watch on TV and invest your time wisely.

The falling Australian dollar is revitalising a few beat up sectors – namely tourism and agriculture. Rain has fallen in WA again this year, cashing up our farming and rural sectors.

Please contact me with any feedback on these issues raised – email geoff@mbawa.com.

ABBTF Operating Results 2014/2015

During the year to June 2015 the Australian Brick & Blocklaying Training Foundation (ABBTF) achieved the following: • 105 careers events and promotions were attended to encourage young people into the trade. Many of the events included Try-a-Trade.

• 2,193 students were provided with Try-a-Trade and Step Out Programs at targeted schools.

• 2,841 schools were provided with regular trade and career information, including a student nomination web page.

• An extensive recruitment program to fill apprentice vacancies was conducted with online promotion, job advertising and candidate assessment.

• 385 job seekers received short Work Ready bricklaying courses with an on-site trial and sign up of the new apprentice.

• 11,000+ Facebook Fans were reached via social media contact targeting Gen Y and Z.

• 63 adult apprentice bricklayers were supported with a $2,000 incentive for employers to partly offset the adult pay rate cost.

2,474

2,042

ABBTF Supported Apprentices

1,641

1,302

ABBTF Supported Commencements 890

595

• Contacted supported apprentices and their employers to provide support in line with the retention program.

ABBTF Supported Completions

302

478

63

35

385

80

• 19 e-newsletters, 8 print newsletters and 58 blog articles were created to inform the industry on brick and blocklayer and ABBTF activities.

Careers Expo Events Attended

• Gained extensive media coverage on the bricklayer shortage leading to promoting and filling apprentice job vacancies.

• Worked with a growing number of residential builders to share ABBTF strategies and address the bricklayer shortage.

• Supported quality apprentices participating in WorldSkills Australia competitions at regional, national and international level.

• 1,641 apprentices were supported with • Provided a scholarship to support the training employment and training via the Brickstart and preparation of the WorldSkills bricklaying Subsidy, an increase of 26% on the previous competitor for the 2015 WorldSkills year.

International competition.

Adult Apprentice Support Work Ready Course Enrolments

105

127

2,193

2,616

Peak Monthly Websites Visits

16,832

8,308

Facebook Fans

11,100

7,800

Step Out Program and Try-a-Trade

FINANCIAL RESULTS

4,620

4,248

Total Expenditure

4,672

3,950

Operating Surplus

(52)

298

Training Reserve

2,203

2,255

App Subsidies to Employers

2,052

1,433

Recruiting and Training Support

429

366

Taster and Work Ready

236

314

Promotion

373

337

Development

870

832

Administration

712

668

Geoff Noble, ABBTF Chief Executive Officer

ABBTF Strategy Achieves Younger Workforce

Supported by Brick & Block Manufacturers of Australia

August 2015

800

No. of Bricklayers

700

2014/15 2013/14 $000’s $000’s

Revenue

The full Statutory Annual Report will be available on the website or as hardcopy on request.

Bricklayers Ages - Censuses 2001, 2006, 2011

2011 2006 2001

600 500 400 300 200 100

17

Ye a

rs Ye 19 ars Ye 21 ars Ye 23 ars Ye 25 ars Ye 27 ars Ye 29 ars Ye 31 ars Ye 33 ars Ye 35 ars Ye 37 ars Ye 39 ars Ye 41 ars Ye 43 ars Ye 45 ars Ye 47 ars Ye 49 ars Ye 51 ars Ye 53 ars Ye 55 ars Ye 57 ars Ye 59 ars Ye 61 ars Ye 63 ars Ye 65 ars Ye 67 ars Ye 69 ars Ye ar s

0

15

A comparison of ages of bricklayers at each of the past three Censuses shows a marked increase in younger bricklayers in the workforce. The ABBTF programs over past years have boosted apprentice numbers and younger people joining the trade. Joint contributions by Brick and Block Manufacturers and the building industry purchasing their products continues to be a sound investment in addressing the skill shortage in bricklaying.

2014/15 2013/14 Nos. Nos.

Apprentices in Training

• Surveyed 1st Year apprentices to identify the influences and reasons for deciding to become a bricklayer.

• Provided advice to Government and industry • Up to 200 apprentice job vacancies were identified through the support of training organisations in some states on bricklayers and Group Training Companies. workforce participation and training strategies.

• Introduced a Spotters Fee reward to past and current apprentices who nominated a new apprentice in bricklaying.

OPERATING RESULTS

Source: Australian Bureau of Statistics 2011 Census compared with two prior Census Reports data.

1300 66 44 96

www.abbtf.com.au | www.becomeabricklayer.com.au

30

UPDATES building business SEP/OCT 2015

Recruiting expert Hays Construction has been producing its annual Hays Salary Guide for 36 years. Its 2015 Guide is based on a survey of more than 2600 organisations in addition to its placements over the past year.

Hays Construction’s David Irvine shares the key findings from this year’s Guide.

HOW MUCH MORE WILL BE IN YOUR WALLET? profile projects in WA at present, which are creating demand for design staff and project management professionals across a wide spectrum of markets, from commercial and stadia to residential and medium to high density dwellings.

Hays’ state business director David Irvine.

Construction activity across Australia is ramping up and employers will hire more permanent staff, but instead of offering big salary increases in the year ahead, employers will use bonuses and other benefits to reward top talent.

That’s one finding from our 2015 Hays Salary Guide, which includes salary and recruiting trends for more than 1000 roles in 14 locations in Australia and New Zealand. It is based on a survey of 2610 organisations, representing almost 2.9 million employees, as well as our own placements.

As a group, employers have a positive outlook, with 36 per cent expecting to increase permanent headcount and 64 per cent expecting business activity to rise in the year ahead.

In addition, 27 per cent reported increased staff turnover. The willingness of candidates to change jobs and of employers to expand permanent headcount helps to explain why 45 per cent will scale back their use of temporary and contract roles in the year ahead. This is a significant shift from last year (when just 13 per cent said their use of temporary and contract staff would decline) and it reflects employer confidence.

It’s also a reflection of the strong infrastructure activity taking place in many locations in Australia, which is creating an active market for candidates looking for their next role. Already many highly experienced candidates and those with specialised skills have secured a step up or relocated to states where demand is high, particularly to NSW. There’s also high demand for staff throughout the design and build lifecycle in residential property. There are a significant number of high

However, salaries are remaining stable. We found that 23 per cent of employers did not increase salaries in their last review. Like the previous financial year (2013-14), those who did receive a salary increase in 2014-15 found that their wallets were not that much heavier. Forty-five per cent of employers increased salaries by less than three per cent, while 24 per cent gave increases between three and six per cent. Just eight per cent of employers gave increases of six per cent or more.

Looking ahead, 61 per cent of employers intend to increase salaries in their next review by less than three per cent. A further 18 per cent will boost salaries between three and six per cent, while just five per cent will increase by six per cent or more.

Candidates, however, have higher hopes for their next salary increase, but in good news the expectations of employees and employers are not that far apart that they can’t be bridged. One way to do this is through benefits. Of our total employer group, 77 per cent offer flexible salary packaging and of these the most common benefits offered are salary sacrifice, above mandatory superannuation, parking, private health insurance, bonuses and a car.

Get your copy of the 2015 Hays Salary Guide by visiting www.hays.com. au/salary-guide or contacting David Irvine, state business director of Hays in WA, on 9254 4505 or david.irvine@hays.com.au Hays, the world’s leading recruiting experts in qualified, professional and skilled people.

German Engineered.

Australian Tested.

When the going gets tough the tough get a Volkswagen Amarok, which is why some of Australia’s leading construction companies are turning to Amarok. With an 8-speed automatic transmission for constant power and torque paired with a 4MOTION all-wheel-drive system, it handles any situation, on or off-road. It also makes light work of loading pallets and tight squeezes with the widest tray and cabin in its class. It’s a tried and tested workhorse, even being awarded Best in Class Ute 2015 by 4x4 Australia Magazine.

To find out more go to amarokfleet.com.au Contact us on cvfleet@volkswagen.com.au Follow Volkswagen Commercial Vehicles Australia on LinkedIn

32

UPDATES building business SEP/OCT 2015

Murray Rzepecki, CEO of ReddiFund, the WA redundancy fund for the building industry, poses the question as to whether employers generally are aware that workers covered by the General Building Award are entitled to eight weeks’ pay for four years of service.

ARE YOU COVERING REDUNDANCY OBLIGATIONS? for workers’ compensation. Why then not insure your redundancy obligations and thus know that, no matter what may occur, you have protected your workers against the possibility of not being able to make the payment as and when it becomes payable?

ReddiFund CEO Murray Rzepecki

The definition of redundancy under the terms of the General Building Award is much broader than the definition contained in the Tax Act or dictionary.

The obligation to pay the entitlement of eight weeks’ pay for four years’ service is only excluded in the first year of employment and only if the employee resigns or commits an offence such as refusing to obey an instruction from the employer. Fair Work Australia has advised in the past that an employer cannot negotiate away this and other entitlements by the payment of an all-up rate of pay.

Many employers believe that they will not have any difficulty in paying the entitlement when it becomes due and see no value in joining ReddiFund and making regular contributions into the fund to meet their award obligations. History has shown on more than one occasion that when situations arise and, for whatever reason, the business is in a precarious financial position, there just aren’t the funds to pay redundancy and other outstanding employee entitlements.

Recently a wise person commented that they viewed redundancy contributions as a form of insurance. If one thinks about this for a moment there is a lot of common sense in the comment. To mention but a few instances, as a prudent business operator, you insure your premises against fire and flooding, you insure your plant and motor vehicles against accidents and theft and you insure your workers

I think you would agree that workers will feel secure and better off knowing their employers have ensured that, no matter what happens, the workers’ redundancy entitlements will be available.

There may be times when labour is hard to recruit but again, do you not agree a potential employee would probably lean towards an employer which shows it cares about workers as compared to those which believe ‘it will never happen’ to them. I know where I would want to be employed.

By joining ReddiFund, some of your clerical obligations are reduced significantly, workers normally are paid within three working days of lodging a claim and you receive immediate tax benefits when the payments are made. The other advantage is that generally speaking, your cash flow is stressed when either employees terminate their employment or you need to let a worker or workers go. Based on the average wage of $1000 per week, the payment for each worker can amount to around $8000. It is not difficult to see how a small, medium or even a large business could find cash flow problems when required to make such payments without forewarning.

Call the ReddiFund office on 9481 0259 if you wish to discuss this subject or have any other questions that may be on your mind about the topic of redundancy payments.

building business UPDATES 33 SEP/OCT 2015

RSM Bird Cameron senior analyst Tony Ince takes a look at an old chestnut.

EMPLOYEE OR INDEPENDENT CONTRACTOR? These can threaten the very viability of the business. While each tax has a slightly different definition of ‘employee’ (or ‘worker’), it is worth considering them together.

RSM Bird Cameron senior analyst Tony Ince.

Over the past couple of decades there has been a clear shift away from ‘traditional employment’, and towards people acting as independent contractors. This is particularly so in the building industry.

But working out when your workers are genuinely contractors and when they still are seen by various laws as employees is not an easy task. Whether the law sees your workers as employees or independent contractors has an impact on a number of important aspects of your business.

What continues to amaze me is that employers continue to hide their (collective) heads in the sand in regard to this issue. I am well aware of the economic and market forces at work in this type of situation. Often, businesses cannot get people to work for them if they take them on as employees, withhold tax and super and pay the workers’ comp. But to continue to ignore the situation is a recipe for disaster.

What’s at stake?

By treating workers as contractors when (arguably) they are not, a business leaves itself open to a number of potential tax liabilities.

The SGC is a 9.5 per cent impost on the gross wages. The ATO has, to date, been reluctant to be too aggressive on this and it is our experience that they tend to go back five years. The liabilities we have seen to date have been manageable, even taking into account potential penalties. This is mainly because they tend to target one worker, usually one that has complained to the ATO, while not looking at the rest of the workforce.

The various Offices of State Revenue, on the other hand, take a particularly aggressive stance in relation to payroll tax. In WA, any assessment for payroll tax on payments to employees can go back six years and include substantial penalties. If the business has a significant ‘contract’ workforce, this assessment can be devastating.

Workers’ compensation in WA is not a huge concern in terms of retrospective payments.

Unlike other jurisdictions, payment usually is required for the current year only. The big issue arises when a worker is hurt and is held to be covered by your workers’ comp. Apart from the obvious distress caused by the injury, the business can find itself in real trouble if no payments have been made for the worker.

Finally, PAYGW also can be an issue but tends to be at the lower end of the scale in terms of ATO audits as well as past liability, if assessed.

To make matters worse…

The legislation governing all of these taxes is slightly different. For example, while contracting through a company usually will mean that no SGC or workers’ comp liability arises, it does not stop you being assessed for payroll tax.

To reduce the problems: • Know the issues.

• Be realistic in any worker relationship.

• Have written agreements.

• Make sure the agreement reflects the situation (and vice versa).

The final word?

If you structure properly and have valid agreements in place that reflect the true nature of any arrangements, you can reduce exposure in these areas. Payroll tax continues to be the most difficult to plan for and can have the biggest economic impact.

If you have any queries, contact Tony Ince at RSM Bird Cameron – 9261 9417 or email tony.ince@rsmi.com.au

34

UPDATES housing SEP/OCT 2015

REPORT SAYS DENSITY IS OUR DESTINY IN SUBURBS tipping the balance of any capital into super and enjoying a low maintenance lifestyle in the area where they have lived for many years.”

The research examined 93 suburbs 44 of which had no existing supply of apartments. Only 10 suburbs had more than 500 existing apartments.

Y Research’s Damian Stone outlines the research behind the Perth High Density Apartment Market Report released at a well-attended industry breakfast in August.

New research by Master Builders and Y Research shows one in five new dwellings in Perth are likely to be apartments by 2020.

Master Builders’ housing director Geoff Cooper says the proportion of the population living in apartments will increase significantly in coming years.

“Based on current development forecasts, one in five new Perth homes will be an apartment by 2020, double the rate it was at the turn of the decade,” he said. “New developments will increase the attractiveness of apartment living.

We are seeing innovative apartments with common facilities such as dining rooms and mini-theatres, as well as traditional pools and gyms. Apartments also will add much needed density around key infrastructure.”

The Department of Housing, LandCorp and the WA Planning Commission were research partners in the expanded Perth High Density Apartment Market Report. It shows just over 35,000 existing apartments within 15 kilometres of the CBD, with 43 per cent more than five kilometres from the CBD in suburban locations such as Fremantle, Cockburn Central, Maylands, Rivervale and Mosman Park.

“Apartments are a small but increasingly important part of WA’s dwelling stock,” Mr Cooper said. “Just 3.1 per cent of our metropolitan population live in apartments within 15 kilometres of the CBD. Perth’s existing apartment market offers many affordable options close to the CBD and suburban employment hubs. It provides housing options for students, young professionals and migrants looking for a first step into the housing market.

“It’s also clear from member feedback that many of our aging population are selling up their houses, downsizing to apartments,

“Reviewing 93 traditionally low rise suburban markets, our lack of storeys is telling,” says Y Research principal Damian Stone. “There are only 69 apartment buildings taller than 4 storeys across suburban areas. However, these buildings account for just under a third of all suburban apartments.”

Mr Stone said 75 per cent of future apartment supply is located in mid- and high rise buildings.

The increased scale of larger apartments underpins the viability of increased suburban public transport infrastructure, new retail offerings and suburban employment hubs.

The research shows that development of up to 20,000 apartments across Perth in the next decade is a major shift in the city’s housing supply. Mr Stone said the Perth apartment market remains relatively immature but was evolving.

“In the past six months there has been an increase in the product offering suitable to downsizing owner/occupiers, as well as affordable projects suitable for first home buyers,” he said. “Supply completed in the past six months is up over 40 per cent from the second half of 2014. This record of completions has seen the number of apartments currently under construction fall by five percent from the February 2015 peak.”

BIG CHANGES FOR HOUSING EXCELLENCE AWARDS

Master Builders’ housing director Geoff Cooper addresses the big audience at the launch of the 2016 Housing Excellence Awards.

More than 80 residential builders attended the launch of the 2016 Master Builders Bankwest Housing Excellence Awards in July with the Association’s events manager announcing that for the first time, contractors will be able to submit entries online.

Two new categories are included in the 2016 awards – Best Ancillary Dwelling for selfcontained ‘granny flat’ type accommodation, and Excellence in Workplace Health and Safety.

Head judge Robert Shaw and senior judge Robert Spadaccini were on hand at the launch to participate in a Q&A session with guests from all areas of building companies, from directors to supervisors to marketing executives. Main topics of discussion among the group included judges’ scoring of the awards criteria, advantages of entering the awards and the sought after Bankwest Best Customer Service Award.

The Master Builders/Y Research Perth High Density Apartment Market Report – July 2015 was released at an industry breakfast in August with a panel comprising Bankwest, Georgiou, LandCorp and Momentum Wealth representatives addressing related issues. Mr Cooper thanked the Department of Housing, LandCorp and the WA Planning Commission which funded the research and the breakfast sponsors Bankwest, Landgate, ReddiFund, and Western Power.

The attendees were left with some handy hints on entering the awards: • To be successful, entrants should make sure they know the judging criteria, found on Master Builders’ website. The judges score each criterion out of 10, with the project receiving an overall score out of 100.

• All judges score against set criteria, which are kept consistent throughout all projects and categories.

• The judges measure excellence solely on the quality of construction. Entrants are not disadvantaged if the house is occupied or is not professionally cleaned.

Copies of the report and the Metropolitan Apartment Development Report – August 2015 are available to order through Master Builders.

For more information and to enter the awards, head to mbawa.com. Entries due in by early September.

36

UPDATES housing SEP/OCT 2015

Downsizers want more quality apartments in their own areas.

The Minister for Planning has sought to wind back density in WA suburbs, says Master Builders’ housing director Geoff Cooper.

MINISTER HAS A CRAZY TIME IN APARTMENTS The real disappointment is that the Minister isn’t taking proactive steps to consult with industry to address hurdles to apartment construction in WA. There is so much further to go.

Master Builders’ housing director Geoff Cooper.

We have had a resurgent interest in apartment living in WA, but the Minister wants to restrict supply in suburban apartments. In a surprise move, he announced tightened R-Codes on R30 and R35 sites.

It’s going to restrict the capacity of builders to provide higher density projects in the suburbs. He and his planning advisers are trying to appease local government staff or elected members who often simply don’t want density in the suburbs.

The changes have been introduced following community and local government feedback on appropriate locations for apartment developments.

Keeping a vocal group happy might be good short-term politics, but it will impact affordability and sustainability of housing. There is a need for someone to stand up and show leadership to manage our population, infrastructure and growth needs.

The Minister does claim that he wants to see higher densities around public transport and shops. This isn’t being reflected in enough action. The City of Melville, for example, has only 2.1 per cent of its dwellings in apartments three stories and above. Greenfield development on Perth’s suburban fringe currently accounts for three-quarters of new development, which the WA Government seems to want to remain in place.

As an example, the Minister has to look at the issue of parking and how that is operating to limit the supply of apartments to the market. There are also local councils restricting heights, instead approving more squat proposals. The debate and discussion should be about how we facilitate growth, not about how we can stop it.

The anti-development tenor of the WA Planning Commission bulletin might be quite a concern to a critical eye in a Liberal Government that claims to support enterprise, innovation and property rights. Restrictive and prescriptive planning regimes won’t encourage the much sought after investment in quality and affordable housing for our communities.

The research we’ve done suggests that people are choosing to occupy apartments in suburban areas. In particular, there are an increasing number of downsizers who want to remain in their own area in smaller premises. The Minister’s changes will restrict the market’s ability to respond to demand.

But there are others issues, such as DFES approvals, exhaust requirements and strata laws that also need to be addressed across different State Government jurisdictions. The Minister needs to decide whether he wants to adopt a dense approach to planning.

Master Builders would welcome any feedback on these issues raised – email geoff@mbawa.com.

industrial relations UPDATES 37 SEP/OCT 2015

CFMEU IS TREADING DANGEROUSLY

Master Builders’ construction director Kim Richardson.

Contrasting with the Fair Work Commission’s blind eye to ongoing CFMEU unlawful conduct, 2015 has seen a marked change in the courts’ attitude to the union, with the Federal Court starting to impose increasingly heavy fines.

In June, the union nationally had to pay out more than $4 million in member funds for unlawful conduct and, in addition to the penalties, its own legal costs.

While the CFMEU has a history of being willing, and financially able, to pay out massive fines for intentional illegal behaviour in pursuit of its militant approach, its leadership appears to be missing the courts’ very clear message.

A recent Federal Court case brought by the Fair Work Building Commission, in which the court imposed penalties of $545,000 on the union’s Queensland division, is notable as the Judge issued a warning that should the union continue to deliberately breach the law, it could not expect to retain the protection of, and remain a registered organisation under, those same laws. This has echoes of 1986 when the Hawke Government took the courageous, much needed decision to deregister the rogue BLF. In issuing such a blunt warning to the union, the Court reviewed the union’s serious unlawful

conduct which included blocking supply of materials, concrete and labour to site. Union officials abused and intimidated building workers, including union members, attempting to gain entry to site. The union’s flaccid attempt to downplay its conduct by pleading there had been no damage or violence was viewed by the Court as an attempt to trivialise obnoxious behaviour.

The Court looked at the damning Final Report of the 2002 Cole Royal Commission and judicial decisions going back a decade dealing with the union’s unlawful actions on a national level. The union’s long and sorry history of deliberate contempt for the rule of law was the motivation for the Court’s very blunt warning.

The union has copped several recent adverse decisions. The CFMEU (Victoria) paid out $3.55 million for Grocon’s legal costs in settlement of the builder’s claim against the union arising from the ugly 2012 Melbourne dispute. This was in addition to a $1.25 million penalty for breaching a court injunction in the dispute. Further related court action will follow so more financial pain for the union seems likely.

In WA, the union and an official were fined $24,000 for racially abusing an American site supervisor on a major resource project.

And an organiser had his right of entry permit suspended for 19 months for abusing, intimidating and bullying a FWBC inspector on a construction site, the incident filmed by the CFMEU as a boast of its treatment of a mature age public servant outnumbered three-to-one.

In Queensland, an official claimed to be ‘Steve Irwin’ when entering a construction site. He admitted he was a ‘smart arse’ and the Federal Court, in finding he treated the law with contempt, made the unusual observation that he also had been a smart arse when giving his evidence.

In addition to the recent decisions, the CFMEU is facing more than 900 fresh alleged unlawful conduct charges filed in June and July by FWBC. The recent decisions suggest the ‘real’ courts having run out of patience with the CFMEU. The union leadership needs to take a hard look at itself and understand that the twenty-first century requires a twenty-first century approach to business. With labourers under CFMEU enterprise agreements being paid $130,000 per year and more, the union’s old ways of portraying itself as Robin Hood taking money from rich builders for poorly paid workers no longer ring true.

The CFMEU leadership is out of step with the modern workplace and with what investors look at when assessing where to invest construction project funds. Irresponsible industrial disputation leads to less investment and thus fewer jobs for construction workers including union members. Oddly, this outcome appears to be of little concern to the likes of the CFMEU leadership and the ACTU which defends the union’s standover tactics.

38

UPDATES industrial relations SEP/OCT 2015

SPIN FAILURE CFMEU (Victoria) secretary John Setka desperately tried to spin the union paying $3.55 million in union member funds to cover Grocon’s legal costs following the ugly 2012 dispute in Melbourne as not paying a cent to the builder. He defended the union’s unlawful conduct but forgot the other $1.25 million in penalties the union had to pay for breaching a court injunction in the dispute. The union also faces other legal action as a result of the matter which may cost it further millions.

$900,000 FAIL An unsuccessfully sexual harassment applicant faces a $900,000 bill following an order against her for costs. This follows the applicant’s rejection of an initial offer by her employer of $30,000 to settle the claim and her lawyers’ advice the claim had little chance of success. The unsuccessful applicant argued if she had won her case she would have been awarded $670,000 so the court should discount the order and leave her to pay the difference of $230,000. Reality is a different concept to some.

CANDID CAMERA

PAYMENT REPORTING PAYS DIVIDENDS

CFMEU officials filming the obnoxious behaviour of a union official against a federal public servant just doing his job on a construction site backfired badly on the union and official. The FWC was scathing of the official’s odious behaviour and suspended his union right of entry permit for 19 months. Curiously, the CFMEU opposes bullying, but apparently excuses its officials from this unacceptable behaviour.

TURNING JAPANESE In 2012, the Federal Government introduced tax regulations with a July 2013 start requiring businesses paying building and construction subcontractors to report the payments to the ATO annually.

The aim was to counter subcontractors under-reporting income though some industry commentators were suspicious the move formed part of a wider attack on independent subcontractors by the union movement and the then Federal Labor Government. While some question marks hang over the reasons behind the introduction of the reporting regime, under-reporting remains an industry problem.

The annual reporting regime requires building contractors engaging subcontractors in a wide range of services to advise the ATO of details of payments made the previous year and to which subcontractors. The ATO then data-matches with the subcontractors’ tax returns for the year. For the great majority of builders and subcontractors, the reporting system showed no under-reporting of income paid or earned. This is no minor exercise with 1.58 million transactions assessed with a value of $163 billion.

However, there are subcontractors that failed to appreciate the ATO’s reach following 2013. A sizeable number nationally have been identified as required to make various payments.

An employee who was sacked by his employer for intimidation of fellow workers, including telling them he would bring a samurai sword to work to attack them rather than use a gun, unsurprisingly was not successful in proving his employment was unfairly terminated.

TWU CONFUSES ITSELF The federal TWU recently came out strongly criticising the Heydon Royal Commission as a waste of time. This is the same Royal Commission to which the TWU referred for investigation, alleged corrupt behaviour involving two former senior WA union officials and their rorting the union by being supplied two Ford F350 trucks valued at about $150,000 each.

FWC MISSES POINT FWC found a senior supervisor who drank heavily at an employer Christmas function, swore at his senior manager and acted offensively towards female employees was unfairly sacked. The Commission found the employer contributed to the employee’s conduct by providing alcohol. Apparently, there was no obligation on the supervisor to act responsibly as an employee or individual.

UNION MEMBERS MARCH AGAINST UNION To a degree, the ATO’s initial purpose in targeting under-payment has been validated, but the exercise also reveals the great majority of contractors meet their taxation obligations. Master Builders supports contractors complying with their legal obligations and condemns businesses which avoid their responsibilities to gain a competitive advantage.

CFMEU members marched on the CFMEU offices in Canberra in July.

They were protesting at the union pressuring their employers to sign union EBAs thereby making the employers uncompetitive and risking the workers’ employment. The workers threatened to tear up their union tickets in protest. The union represents whom?

insurance UPDATES 39 SEP/OCT 2015

IS PRICE THE BEST INDICATION OF VALUE?

MBA Insurance Services’ state manager Nick Vernon.

What is value? According to the online Oxford Dictionary, value is ‘The regard that something is held to deserve; the importance, worth, or usefulness of something’.

We all are constantly on a quest to find the best value. We need products and services to satisfy our needs and perform in line with our expectations and we want to pay a fair price for them. We don’t need the ‘best’ of everything but what we do demand is value for money.

So how do you measure value? Is it price? Is it usefulness? Is it quality?

Or is it a combination of these and many more factors that must be taken into account to really understand a product’s true value?

Let’s look at the example of buying a new ute for your business. You go to the car dealer and they ask you a number of questions about what you need the vehicle for, what sort of options you need and then they recommend a vehicle to suit your needs. They tell you all about the warranty, capped priced servicing, build quality and more. You go to another dealer and they ask you similar questions, provide information similar to the first dealer and recommend another vehicle for your needs. With a price from each dealer you now are armed with enough information to make a call on which vehicle represents the best value for money, safe in the knowledge that the choice you make will suit your needs and you are getting a good deal.

Take that very same example and change just a couple of details. You walk into the first dealer and tell them you’d like to buy a ute. They give you a price. You walk into the second dealer and say the same thing.

They give you a cheaper price. You choose the second ute because it’s cheaper than the first. You don’t know what’s included, you don’t know anything about the warranty or how often (or how much) the services will be. A ute is a ute right? Wheels, motor, seats, they’re all the same!

When you pick it up you find that it has no tray, no air-conditioning, is automatic and you wanted manual, petrol and you wanted diesel.

Has price been the best indication of the vehicle’s value? Not at all.

Without all the other supporting information you haven’t been able to make an informed decision about which ute represents the best value. The first ute could have included all the extras you wanted and represented much better value but the choice was made on the assumption that all utes must be exactly the same and price will guide you to the best deal.

Insurance is no different, particularly construction insurance.

Construction insurance has conditions, exclusions, definitions and clauses and these can be significantly different from one insurer to the next. Some construction insurance is better suited to larger corporate builders, some for residential builders and others for smaller builders building a few homes per year.

Just like in the ute example, you call an insurance broker and ask them for a quote on Contract Works and Pubic Liability insurance. They give you a price. You call the next broker and ask for a Contract Works and Public Liability insurance quote and get another price. You take the first policy because it was a little cheaper. A few months later, a major claim occurs and your policy doesn’t cover it. You’re looking down the barrel at a loss that could ruin your business. Tragically, the second policy would have covered it, but the assumption that all Contract Works and Public Liability policies are the same and the best judge of value is price has left you horribly exposed.

Price is only one factor in determining value for money and this holds true for not only buying a ute, or tools for your business but when purchasing insurance to provide protection from major losses. Make sure you are considering all the other factors such as cover, exclusions, conditions and service before using price as your deciding factor.

A cheap insurance policy suddenly becomes extremely expensive when you suffer an uninsured loss due to inappropriate and restrictive cover.

At MBA Insurance Services we’ll never recommend an insurance policy based on price alone. We are construction insurance specialists and we’ll recommend policies that will cover your business, with reputable insurers that offer the best value for money.

For further information contact MBAIS on 9476 9898.

40

UPDATES legal SEP/OCT 2015

WHAT IS (NOT) A PAYMENT CLAIM? As a reminder, it is only a ‘payment claim’ that gives rise to a ‘payment dispute’ and hence the engagement of the CCA. Otherwise, an adjudicator does not have the requisite jurisdiction and must dismiss the adjudication without determining the application on its merits.1

Thomas Jacobs

Matthew Lang

The WA Construction Contracts Act 2004 (the CCA) allows parties to seek the rapid determination of their entitlement to be paid the sums they have set out in a payment claim. But there has been doubt as to what a valid payment claim is for the purposes of the CCA. We commonly see parties submit a document which does not conform to the express payment provisions in their contract. The implication of this, if the document does not appear to be a payment claim, is that it may not be responded to in the time and manner prescribed by the contract (or the implied terms of the CCA).

Where this happens, the party seeking payment may take advantage of the ‘deemed liability’ provisions set out in Schedule 1 Division 5 CCA meaning the full amount claimed must be paid – without any investigation of the merits of entitlement.

The recent decision in Delmere Holdings Pty Ltd v Green [2015] WASC 148 (Delmere Holdings), provides some clarity as to ‘what is a payment claim’ for the purposes of the CCA. The case has implications for those seeking payment – and those resisting.

The key point to be taken from Delmere Holdings is that there will be no ‘payment claim’ if the claim for payment clearly does not arise under the construction contract. It also confirms that a claim for quantum meruit (or payment of a reasonable sum on the basis that there is no contract between the parties) cannot be a claim under the contract.

Delmere Holdings Alliance Infrastructure Pty Ltd (Alliance) and Delmere Holdings Pty Ltd (Delmere) entered into a construction subcontract on 20 December 2013 (the Subcontract). Pursuant to the Subcontract, Alliance agreed to carry out the fabrication, supply, delivery to site and installation of piping for a water pipeline at Cape Lambert.

Alliance wrote to Delmere in October 2014 identifying a variation claim and seeking the extra costs of the claimed variation. Delmere’s site manager rejected Alliance’s claim. In November 2014, Alliance served an application for adjudication under the CCA seeking payment of the variation. The adjudicator, Mr Green, found in favour of Alliance and awarded payment.

Delmere applied to the WA Supreme Court to have that determination quashed contending that Mr Green did not have jurisdiction to determine

legal UPDATES 41 SEP/OCT 2015

the application as there was no relevant ‘payment claim’ issued by Alliance, and therefore no ‘payment dispute’ had arisen between the parties to be adjudicated.

The CCA provisions – ‘payment claim’ and ‘payment dispute’ Section 31(2)(a)(ii) of the CCA provides that: “An appointed adjudicator must…dismiss the application without making a determination of its merits if…the application has not been prepared and served in accordance with section 26.”

Section 6 of the CCA provides that a payment dispute only arises if – “by the time when the amount claimed in a payment claim is due to be paid under the contract, the amount has not been paid in full, or the claim has been rejected or wholly or partly disputed…”

Kenneth Martin J assessed four jurisdictional facts that must necessarily be established to give an adjudicator jurisdiction to consider an application, namely2: 1. the existence of a construction contract (as defined in section 3 of the CCA); 2. the existence of a payment dispute (as defined under sections 3 and 6 of the CCA); 3. the existence of a payment claim by a party to a construction contract (in accord with section 3 of the CCA); and 4. the (payment) dispute being as between the parties to the construction contract which ‘arises under (their) construction contract’.

If those facts are not established, then the adjudicator must dismiss the application for want of jurisdiction3.

under the contract. Orders for certiorari were issued to quash the adjudicator’s decision.

The implications are: • If you are seeking to adjudicate your unpaid payment claim, make sure that you have made the claim in accordance with the contract; and • If you are resisting an adjudication application, consider whether the claim has been made under the contract.

These can be quite difficult questions to answer, so if in doubt, seek legal advice.

This article was prepared by Jackson McDonald partner Thomas Jacobs and special counsel Matthew Lang. For more information, they can be contacted on 9426 6611.

Section 31(2)(a)(ii) of the Construction Contracts Act 2004 (WA).

Delmere Holdings Pty Ltd v Green [2015] WASC 148 at [49] Kenneth Martin J’s emphasis.

Section 31(2)(a)(ii) of the CC Act. McLure P’s observations in Perrinepod that, “[T]he nonexistence of a jurisdictional fact invalidates any order, determination or other outcome flowing from the exercise of the relevant statutory power”.

4 Delmere Holdings Pty Ltd v Green [2015] WASC 148 at [48].

5 Delmere Holdings Pty Ltd v Green [2015] WASC 148 at [67].

6 Delmere Holdings Pty Ltd v Green [2015] WASC 148 at [107].

1 2 3

What is a payment claim under the contract In common with many adjudication applications that we see, Alliance submitted that its Variation Claim 17, of 9 October 2014 was a ‘payment claim.’ Delmere argued that the Variation Claim was not a payment claim arising under the contract.

General Condition (GC) 34 of the contract provided the mechanisms for dealing with variations to the contract works and how those variations were to be priced. The contract set out in GC 39 a detailed regime for how to make a payment claim. Importantly, GC 39 provided that the approval of a variation under GC 34 did not at that point confer any entitlement to payment and Alliance was required to take further steps to submit a claim for a progress payment for the performed variation work, in accordance with GC 39.

In his judgment, Martin J at [39] found, “… the chosen phrase ‘under a construction contract’ is relatively narrow in ambit…” He went on to say that, “Importantly, it can readily be seen that the payment dispute and the underlying ‘payment claim’ must both arise under a construction contract”4. Further, the Judge said at [60], “the mere submission by Alliance to the Engineer of a claim seeking a variation approval and expressly made pursuant to GC 34(d) did not, under the parties’ contract, trigger any linked payment obligation under the GCs requiring Delmere to thereupon render any payment of any ‘amount’ (of money) to Alliance.”

As Alliance did not follow the detailed regime for making a payment claim, as set out in GC 39, it was held that there was no ‘payment claim’ arising under the contract. It was held that Alliance had attempted to ‘rebadge’ VC 17 as not being a submission of a claim for a variation under GC 34(d), but rather a claim seeking payment under an implied term allowing Alliance reasonable remuneration. Martin J described that exercise as ‘audacious’ and “akin to an exercise in applying lipstick to a pig’”.5 Ultimately, Martin J agreed that there was “a clear demonstration… of fundamental jurisdictional error by this adjudicator”6, because there was no ‘payment claim’ and therefore no ‘payment dispute’ arising

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42

UPDATES members’ health SEP/OCT 2015

SEPTEMBER IS PROSTATE CANCER AWARENESS MONTH September is International Prostate Cancer Awareness Month, and a great time of the year for a barbie. Spring is in the air, Father’s Day is celebrated and it’s footy finals time. What better time to get together with family, friends and colleagues and encourage discussions about prostate cancer around the barbie, especially with men over the age of 50.

This year the campaign focus is on giving Australia the means to fight prostate cancer. Companies can get involved during September either by hosting a Big Aussie Barbie for their staff, asking the staff to donate with the company matching donations, or by helping to promote our campaign to their staff, encouraging them to host a barbie during September for their work colleagues, family and friends.

To register your company barbeque, go to www.bigaussiebarbie.com.au and discover the tools available to assist us in the fight against prostate cancer. Funds raised through the Big Aussie Barbie campaign help PCFA continue to invest in world leading research, raise awareness of prostate cancer and support men and their families affected by the disease.

Hard at work at last year’s PCFA WA State Barbeque.

Every year 20,000 Australian men are told they have prostate cancer.

Each year 3300 men die of it. More men now die of prostate cancer than women die of breast cancer.

Join PCFA for the WA State Barbie event at Central Park, Perth CBD on Friday 4 September between 11 am and 2 pm for a gourmet sausage in a bun and support the Big Aussie Barbie campaign.

The Big Aussie Barbie campaign is about celebrating Australians coming together for a barbecue to create an opportunity for discussion about one of our most serious men’s health issues, and raise funds for the Prostate Cancer Foundation of Australia.

SONNY TACKLES UV OVER-EXPOSURE Around the world, it is accepted that over-exposure to UV radiation is the major cause of skin cancer. In fact, it has been identified by the International Agency for Research on Cancer as a class 1 carcinogen.

Yet even with this knowledge, is it estimated that each year in Australia about 34,000 non-melanoma and 200 melanoma skin cancers are caused by exposure in the workplace.

It doesn’t seem fair that people are getting skin cancer from overexposure to UV radiation while they work, and tradespeople and outdoor workers know they should cover up, but just don’t remember to do it.

Consistent sun protection is really important to reduce lifetime risk of skin cancer, and while it is never too late to start using sun protection, no-one wants to wait until they get skin cancer to realise how serious it is.

After listening to tradespeople and outdoor workers and the issues they face, SunSmart has announced a new approach to provide reminders about sun protection. The initiative starts in October with the introduction of the ‘Daily UV with Sonny Burns’ website (www.uvdaily.com.au or www.sonnyburns.com.au).

Sonny Burns is just an outdoor worker who wants people to start using sun protection in the workplace, so he created UV Daily, a place where he can start telling people about UV radiation and what they can do to protect themselves.

Sonny’s website will include daily UV forecasts for all locations in WA, some tools to help people assess their risks and tips on great ways to protect themselves. Sonny also will be using Twitter and Facebook to share words of wisdom and keep people safe from the sun. There are also some stories from people who want to share their experiences.

In November, Sonny will start radio advertisements to remind people to protect themselves, as well as to provide a little bit of a chuckle. Sonny has a tendency towards straight talking, regardless of who might be offended.

There is access to a free app from the website providing reminders and daily UV forecasts. This is a great tool for those who need that little reminder before setting off to work to bring a hat, or wear a long sleeved shirt.

So keep an ear out for Sonny on the radio, or jump online and look Sonny up and see how he can help reduce the risk of skin cancer.

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Talk to your local Fleet Specialist today about the right deal for you.

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44

UPDATES membership SEP/OCT 2015

Master Builders’ partner easifleet explains how novated leasing can transform your company in the eyes of employees and make you...

BOSS OF THE YEAR In this day and age, business owners are finding it increasingly difficult to attract and retain valued employees. Salary packaging delivers substantial tax savings to employees at no cost to the employer. Introducing salarypackaging options for your employees can position you as an employer of choice.

Salary packaging is where an employer and employee agree that the employee’s remuneration package will be received by way of a combination of cash salary and noncash benefits. Anyone who is employed, and has approval, is able to salary package and potentially save thousands of dollars each year.

Instead of receiving a gross income, on which income tax is payable, employees can choose to take part of their pay in some other form of benefits before income tax is applied.

These are known as employer-provided benefits. Easifleet partners with employers and employees to set up and explain salary packaging in easy to understand terms.

Novated leasing is a great way to offer increased remuneration packages while transferring the risks of owning and operating a vehicle to the employee. A novated lease is a three-party agreement between the driver,

the employer and a nominated provider. The driver enters into a finance lease with their chosen lender and then a novation agreement is used to transfer some of the lease obligations to the employer.

Once the novation agreement is in place, the employer is considered to be leasing the car. This allows the car to be treated like a company car which provides significant income tax and GST savings to the driver.

To maintain the novated lease, the employer deducts the regular payment from the employee’s salary, and then remits this amount to the lender to pay for all the car’s running costs.

Master Builder members can benefit from the services offered by easifleet. One of our member service providers can assist with helping to monitor driving habits and car expenses to ensure the novated lease budget stays on track. They then can assist the payroll department with applying the packaging schedule and with managing the deductions for the length of the lease.

Become and employer of choice A salary packaged novated lease is an increased remuneration package option that

allows employees to make the most of their take-home pay by reducing their taxable income and giving them the opportunity to own the car of their choice for a fraction of the cost.

Employers benefit from: • Reduced fleet administration costs.

• No requirement to buy and maintain fleet vehicles.

• No capital required to fund the purchase of new company vehicles.

• No unwanted vehicle disposal when employees leave.

• A cost neutral way to improve remuneration and retention.

• Vehicles remain off balance sheet.

• The lease moves with an employee leaving the company.

• Decreased payroll tax and Workcover expenses.

• Annual FBT reports supplied for all drivers.

• Pre- and post-payroll schedule and tax invoice all supplied by easifleet.

Ready to become an employer of choice?

Call easifleet on 1300 266 828.

ADVERTORIAL 45 SEP/OCT 2015

Create raised floors on balconies, podiums and green roof tops Designed for creating raised floors in external applications, such as balconies, terraces and green roofs, Buzon’s Award Winning Pedestal system can be used with any type of concrete or stone paver, timber decking of all types and metal or fibreglass grid systems.

A key benefit of this innovation is the patented slope correction device.

This gives up to five percent fall compensation achieving a perfectly level floor finish, simultaneously allowing for positive water runoff at structural slab level.

For even more design flexibility, the system offers height adjustment from 17mm to 1070mm, millimetre by millimetre if required. This allows for unsightly services to be concealed under the floor while still offering access for maintenance of the waterproofing membrane and drainage systems The pedestals are extremely strong as they are precision-engineered from high strength, UV resistant, recycled polypropylene and capable of supporting loads of more than 1000kg each. At roof level, this load is evenly spread by the wide base area of each unit, making them ideal for installation on any waterproofing membrane without causing damage, they can even be used directly over insulation material.

The Buzon Pedestal System is also simple to install. Desired height is achieved by thread adjustment, which is lockable when reached and a range of interchangeable spacer tabs of 2mm, 3mm, 4.5mm, 6mm,

Create raised timber and paved floors on balconies, roof tops and ground level outdoor areas.

8mm and 10mm, allow for precise gaps between pavers and provide positive drainage without any concern of ponding or flooding.

Using the Buzon Pedestal replaces the use of sand and cement when laying pavers, therefore eliminating efflorescence and algae and reducing weight-bearing loads on the building structure. In addition the pedestal also improves thermal insulation and reduces sounds transmission.

In commercial urban environments where space is at an ever-higher premium, a building’s roof level is potentially a rich source of usable space. Buzon say their Pedestal System can be used to maximise a roof’s potential, both hiding all manner of services and protecting roof substrates from the elements, maximising integrity and longevity.

Buzon’s Pedestal System is available in Western Australia through Civil & General Distributors.

For more information contact:: Phone: 08 9249 4733 Fax: 08 9209 1220 Website: www.civilandgeneral.com.au

BENEFITS • • • • • • • • •

Use with stone, concrete, timber, composite decking Use over existing concrete, brick or paved areas Allows for drainage and ventilation Reduces noise and increases insulation Can achieve a perfectly level deck on an uneven surface Quick and easy installation Provides a sustainable solution Adjustable heights supporting up to 1000kg Easy access to waterproofing membrane for maintenance

Exclusive stockist of Buzon products in Western Australia contact:

Civil & General Distributors Pty Ltd 27 Oxleigh Drive Malaga WA 6090 Tel: (08) 9249 4733 www.civilandgeneral.com.au

www.buzon.com.au

F UEL

Master Builders Members can save through our growing Master Builders Member Savings Scheme.

Save 55% on your monthly fees with a Caltex StarCard

B AN KIN G

Save thousands on Fleet pricing

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T EL EC O M M UN I C AT ION

Secure competitive insurances with a construction sector specialist

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Exclusive range of products with genuine discounts

Exclusive discount on design services

Help Apprentices with every loan taken out

10% discount from their standard terms of business

$400 discount when purchasing a 3 minute advertorial production

7% reduction on normal fee schedules

Employees of members receive an ongoing 8.3% discount

10% - 25% off the standard price of popular items

Exclusive discount on regional accommodation

Evaluate your current business model, receive a business improvement strategy valued at $990

To receive the latest Member Savings in your inbox. sign up at

mbawa.com/subscribe

* Scheme participants will generally require proof of membership. We remind members that all benefits are subject to terms and conditions specified by the service provider and may be withdrawn at any time. It is recommended that you contact the service provider advertised to confirm the most recent offer available as they are subject to change.

Images: courtesy Gold Coast Tourism

BUILDING AUSTRALIA Master Builders National Conference Jupiters, Gold Coast,12-14 November 2015

®

Register Early and Save $200 The Master Builders biennial National Conference is heading to the Gold Coast in November, for what will undoubtedly be the industry event of the year once again. ‘Building Australia’ focuses on assisting members to make informed decisions in continuing to grow their business whilst developing and maintaining strong leadership attributes within their business ethos. The lineup of high profile speakers includes Olympic Gold Medalist, Alisa Camplin OAM and Chris Richardson of Deloitte Access Economics. The site tour of the XXI Commonwealth Games Infrastructure offers a unique opportunity to inspect facilities currently under construction. The program includes a balance of business sessions and social activities — something for everyone!

Early Bird is now open. Save $200 on the standard rate by registering early! www.masterbuilders.com.au/Events/national-conference The Master Builders Excellence in Building and Construction Awards will be presented as part of the National Conference on the Saturday evening as the grand finale to an exciting conference on the Gold Coast.

We look forward to seeing you there!

PLATINUM SPONSOR

48

UPDATES membership SEP/OCT 2015

MASTER BUILDERS WELCOMES NEW MEMBERS All Aspects Residential Alto Modular Pty Ltd AR & DA Docking Aurigen Group Limited Busselton City Construction City in Colour Painting & Decorating Comprehensive Property Inspections D & L Building Services Dial Before You Dig Elite Electrical Contracting Emerald Building Solutions Harley Dykstra Hayto’s Recyclers Hidewood Signs & Print Ian Irish Bricklaying Indian Ocean Homes Jamel Kitchens James Jordan Construction JDK Constructions Jim’s Fencing (Midland) K & T Castlehow Builders Lincoln Sentry Luxe Construct Maras Builders Pty Ltd Michael Daintith oneVR Pergo Construction PN & LM Vowles R.L. Piper Builders Russell Noble Construction Scott Bendotti Building Shan Lin Pty Ltd Sims Metal Limited Skymax Building Pty Ltd SureBuild Developments Pty Ltd Task WA Pty Ltd Trenchbusters - Southern Bins WA Build Assist WA Coastal Construction WA Recycling Witchcliffe Homes Workplace Wing

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BANKWEST CELEBRATES 120 Bankwest, Master Builders’ principal partner, is celebrating its one hundredand-twentieth anniversary this year. In 1895 it was known as the Agricultural Bank and had the vision to be the best regional bank in WA.

make a valuable contribution to WA’s community by supporting a diverse range of charities and interest groups. In 2013, the Bankwest Foundation was established to recognise and help fund worthy community initiatives.

In 1971, the bank moved into 555 Hay Street in Perth as its headquarters and changed its name to the Rural and Industries Bank, or simply ‘the R & I’.

Master Builders congratulates Bankwest on its rich history over its first 120 years. We are privileged to have Bankwest on our team as our principal partner.

It has been involved with Telethon since 1968 and launched its first ATM in 1983, the same year Australia won the America’s cup. Although the Commonwealth Bank bought Bankwest in 2008, the bank has maintained its identity.

Bankwest has now grown to 160 branches and outlets across Australia, with more than 4300 employees and 1.3 million customers. It continues to

Members can contact Lisa Hutchins on 0467 807 662 or your local branch manager to discuss how Bankwest can help you finance your housing loan or next building project.

membership UPDATES 49 SEP/OCT 2015

A MOBILE

PHONE plan offer built for Master Builder members only.

• Massive

5GB of data RESTRICTED AREA

• Range of included handset choices *Some models may

MEMBERS ONLY

incur additional monthly charges

• Unlimited

*Standard National calls, SMS & MMS to most fixed & mobile numbers in Australia

• Data sharing in Australia for greater savings • 2 months port in credit when moving services from another provider • Dedicated support team from a local MBT helpdesk

Receive a bonus Universal Powerbank. Available to the first 1000 subscribers only

Master Builders & Telstra have joined forces to build the perfect mobile phone plans exclusive for you and your business. More data and great value on Australia’s best mobile network.

Call

1300 881 372 to take advantage of this Master Builders only offer.

THINGS YOU NEED TO KNOW: Minimum total cost is $2,160 ($90/mth) over 24 months. Monthly repayment options (MRO) for the handset vary in price depending on handset and plan chosen. If you cancel early the remaining handset payments will be higher as you’ll no longer receive a discount to offset your handset cost. Ultimate Plan: Some usage is excluded; such as calls/text/MMS to Premium numbers (e.g. 19xx numbers). 1234, 12455, 12345 numbers and to some satellite numbers, content changes and use overseas. Unused allowances expire monthly. For new connections the total of your minimum monthly fee (excluding any device payments) and charges for eligible calls over your included calls/text/MMS allowance will not exceed $90 per month. Android, Google Play and other marks are trademarks of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License. The Spectrum device and TM are trade marks and ® are registered trade marks of Telstra Corporation Limited, ABN 33 051 775 556

STOP CRIME ON YOUR SITES! Are you sick of having your building site materials stolen, and having to fork out ludicrous costs to replace them? Now is your chance to reduce building site theft and vandalism, reduce your out-of-pocket expenses, and help catch those responsible. To combat this growing industry issue, Master Builders and Meridian Services have partnered to provide a new security advice and services initiative to Master Builder members.

For an annual membership fee of $385, members will receive the following benefits: • An electronic newsletter revealing building site theft and vandalism trends.

• A free toolbox talk.

• Two free signs available from Meridian Security.

• Two free incident reports, available through a 24-hour, seven days a week service, to obtain a police incident report number for insurance and reordering purposes.

• Five free stickers to deter thieves and encourage reporting.

• Social media links.

• A free security assessment for your business.

• An annual membership certificate.

Additional services are available to purchase directly through Meridian Services to provide a tailored security package including patrols, cameras, trackers and additional signage. For a copy of the registration form, contact Emily Stone at Master Builders on 9476 9800 or at emily.stone@mbawa.com.

NOTICE PROPERTY UNDER SURVEILLANCE

BUILDING SITE CRIME IF YOU SEE IT, REPORT IT

1800 168 401 meridianservices.com.au

eyes@meridianservices.com.au - Security Licence 27651

50

UPDATES personal pars SEP/OCT 2015

Personal Pars proudly sponsored by Hays

Former Doric CEO Peter Iancov has been appointed to the board of Western Power.

Condolences to Scott Gooch (Fremantle Dockers marketing manager) and family on the death of his grandmother Ada Gooch in June, aged 93. Master Builders’ director Michael McLean worked as a casual shop assistant in the Perth Myer store with Ada during his university studies. It probably explains Michael’s clothing colour co-ordination.

Michael Hopkins has taken over from Jerry Howard as the deputy executive director at Master Builders in the ACT. Jerry retired in early May after a distinguished 15-year period of service.

Rebecca Sostarko has been appointed legal research officer with Master Builders Australia, based in Canberra.

Hedley Davis (Victoria) has replaced Phil Storey (Northern Territory) as Master Builders Australia treasurer.

Tim Mead (Tasmania) has been elected chairman of Master Builders’ National Training Committee following Dan Perkins’ decision to hand over the reins.

South Australian home builder Ross Lang has been elected national president of the Housing Industry Association. Mr Lang is the founder and managing director of the Lang Building Group in Adelaide, delivering new homes, renovations and specialty housing to the South Australian market. He started his building career with a trade apprenticeship in carpentry and joinery before fi rst qualifying for a general building licence in 1971.

Congratulations to Paul Marshall and the team at Riverstone on their twentieth anniversary as a custom home builder.

Condolences to Bruce Arlow on the death of his mother in May.

Former Prime Minister Julia Gillard has joined the beyondblue board.

Jeff Kennett is the chairman making for an interesting political combination.

Neville Sanders from Victoria is the new president of the Real Estate Institute of Australia.

Yvonne Butler has been appointed CEO of the Australian Institute of Project Management. Ian Sharpe is the national president.

Gordon Allen has replaced Tony Connor as the general manager of CPD Constructions.

Condolences to Ivan Cazzolli and family on the death of his father Joe in May.

Ray Daly has been appointed Perth construction manager for Perkins Builders, responsible for overseeing all Perth projects. Ray has a civil engineering background, has worked as a site manager, senior project manager and construction manager, and has been involved on many notable projects including Perth Arena, Perth International Airport and the Workzone office building.

After three-and-a-half years, Hannah James is leaving the DG Global team. Master Builders’ events staff say it has been a pleasure working with Hannah and wish her all the best for the future.

Congratulations to Ross North on his fortieth anniversary in business – trading as Ross North Homes.

Monique Milne has taken over as Master Builders’ events manager.

MONIQUE TAKES THE REINS

NEW BANKWEST CONTACT

Monique Milne has been appointed as Master Builders’ events manager. She takes over from Pippa Tearne who was in the role for four years and who has moved to an events job at the WACA.

Bankwest has appointed Brad Smith as senior relationship manager to look after Master Builders’ accounts. Mr Smith (second from left) is pictured with Association director Michael McLean, Elizabeth Misika (Bankwest’s assistant relationship manager) and Kanishka Kumarage, Master Builders’ financial controller. Association members requiring finance for their businesses or next project can call Mr Smith on 9240-3627 at his Balcatta office.

Monique previously had been events assistant at Master Builders for about three years. She had little time to settle into her higher duties with the final touches for this year’s Excellence in Construction Awards falling to her and important events such as a major residential economics breakfast and the annual CEO and Managers’ lunch following closely.

Rachelle Negus has moved from her role as the Association’s membership assistant to fill the events assistant position.

personal pars UPDATES 51 JUL/AUG 2015

Personal Pars proudly sponsored by Hays

Executive assistant Jayne Tuckett taking a moment’s time out from the office.

PEN PORTRAIT: JAYNE TUCKETT After nearly two years of whipping into shape Master Builders’ construction and housing directors, PA Jayne Tuckett has stepped up as executive assistant to Association CEO Michael McLean. Here Jayne gives us a few insights into her background as she prepares for the challenges which inevitably come with her new responsibilities.

What were you doing before joining Master Builders?

I was a stay-at-home Mum for many years and enjoyed the time at home with my children.

The last few years, my ex-husband and I had a business and I did all the office administration for that. I worked from home, so it fitted in around the kids, which was fantastic.

Why did you move?

I wanted to get back out into the workforce and as the kids were getting older, it was finally time to get my career back on track and do something that I wanted to do.

What is it that you can offer?

I think I’m a pretty flexible person so I’m happy to help out wherever I can. I’m really enjoying being back in an office environment and working together as a team.

How long have you worked for Master Builders?

It will be two years in September. I originally started in a temp role (covering maternity leave) working as a personal assistant for Gavan Forster and Kim Richardson. Now I’m moving into the position of executive assistant.

What do you like about working at Master Builders?

I really enjoy the people I work with at Master Builders. Some have become really important friends in my life. I think we all work well together, help each other out and have a bit of fun.

What interests you about the construction industry?

It’s just so diversified and interesting. There is always something going on.

When you’re not at Master Builders, what keeps you busy?

I have a 16-year-old son and a 14-yearold daughter so when I am not at work I am pretty much driving them around – dancing lessons, flying lessons, water polo, sleepovers, etc. so I’m pretty much a taxi! I do like to go to the gym, but don’t seem to have time for that at the moment. Hopefully I will get back on track.

How do you feel you’ve settled in your role?

I had become very comfortable in my PA role with Gavan and Kim, but now it is time to move on to new challenges and experiences as Michael McLean’s executive assistant.

Hopefully it won’t take me long to settle into my new role, but there are lots of things to learn. At least I know I have a great team to back me up.

Jayne in more glamorous mode with fellow staff belles Monique Milne, Rachelle Negus, Tramaine Dukes and Emily Stone at the Housing Excellence Awards earlier this year.

52

UPDATES safety SEP/OCT 2015

Enquiries to Master Builders regarding formwork and falsework training led the Association’s CAMS training officer Matthew Cresswell to focus in this article on various safety aspects of such work.

SAFETY FIRST FOR FORMWORK From a basic perspective, formwork is either temporary or permanent moulds into which concrete is poured. Formwork typically is supported by falsework providing support to the formwork or shuttering moulds.

Formwork can be timber, plastic or metal or a combination of these materials depending on the structure and proposed design structure.

Typical hazards within formwork and falsework activities include: • Potential collapse of the shuttering.

• Access and egress.

• Slips, trips and falls.

• Lifting of shuttering.

• Noise.

• Dust.

Formwork/falsework typically is associated with concrete structures.

The design of a concrete structure can have a major effect on the ease of the formwork construction and subsequently on the safety and health of workers during the construction process.

It is therefore essential that a competent designer is employed at the very early stages of construction to provide input on ways to minimise safety and health risks arising from formwork activities. In addition, where formwork and falsework designers are involved, they should consider the work practices needed to carry out the erection and dismantling of the formwork/falsework as designed, to indentify at the design stage, safety and health risks and controls.

Design of all formwork and falsework should be done in accordance with the applicable standards, AS 3610 Formwork for Concrete and AS 1170 Parts 1 and 2 Structural Design Actions in Australia.

Loading of concrete loads should never be underestimated.

The activity of physically creating the formwork on site to the proposed design often can be classified as high risk and as such under OSH Legislation a Safe Work Method Statement is required before starting any site activity. Under the same OSH legislation, it is the main contractor’s primary responsibility to ensure that, so far as practicable, workers or other persons are not exposed to any safety and health risks. It also should be noted that the main contractor of a site where there are, or are likely to be, five or more workers at any one time has additional responsibilities under OSH Regulations.

In addition to the main contractor undertaking the works involving formwork and falsework, there are also additional responsibilities imposed on the design team, manufacturers, importers, suppliers, officers and workers who all have a duty of care to each other to ensure that all steps, so far as practicable, are undertaken to eliminate or minimise risks arising within the construction process.

When considering the risks associated with the works, items such as the following should be considered: • The type of form or falsework elements to be used.

• All lifting lugs and chains are ‘fit for purpose’.

• The height of the formwork/falsework to the erected.

• The scheduling of the work.

• The number of people involved.

• The layout of the workplace.

• Local weather conditions.

Utilising a hierarchy of control, the aim is to eliminate the hazard first, followed by substitution, isolation and then engineering. Where a risk remains after this process, suitable administrative controls and the use of personal protective equipment should be considered.

Once the design has been considered and safe methods of work have been developed and implemented, and the schedule of works is at a stage of pre-pouring, a competent person should undertake a series of quality assurance checks at the following stages: • Prior to erection of the formwork.

• Suitable application of a release agent to the formwork.

• Monitoring of the formwork/falsework during the pour.

Effective communication between all persons involved in the formwork process is paramount to ensure that all design changes have been captured and consideration given to how design changes might impact on existing safe work processes.

An example of the use of climbers as opposed to scaffolding.

To validate the communication process it is considered good practice to have a well developed quality assurance plan in place that has ‘hold points’ at critical stages of the activity to enable the activity to flow in an orderly and logical fashion. The quality plan also should be a procedure

ADVERTORIAL 53 SEP/OCT 2015

ALFRESCO LIVING REDEFINED, PAVILION BY STRATCO Verandah patios where originally pieced together using industrial roofing and open web trusses. Whilst they offered economical protection from the elements, they didn’t enhance the appearance or value of the home.

In the early 80’s Stratco developed the Great Outback Verandah which was the first all steel, all colour product designed specifically for domestic verandah patio applications.

10 years later, as a result of comprehensive research and development, Stratco once again revolutionised the verandah patio industry with the Stratco Outback, which has remained a market leader for well over 20 years.

Over the past few years we have witnessed more and more customers wanting bigger, more elaborate units and making a significant investment in their outdoor living area. In not just the verandah but the furniture, BBQs and outdoor kitchens, entertainment systems, lighting and accessories.

Recent trends have seen people stop looking at their homes simply as commodities to exploit and start thinking about how they might personalise that space and make them more autobiographical.

Today people want living spaces that encourage them to have a holistic relationship with their environment, to have the opportunity to not just be inside or outside, but within a whole range of contexts.

As a result, alfresco areas under the main roof of the house have become popular in new home designs posing both threats and opportunities for the traditional verandah patio industry.

Stratco has once again invested in an extensive market research and product development program to challenge current perceptions of the humble verandah patio, and redefine alfresco living.

As a result of discussions with architects, builders, our Outback dealers and the end consumer Stratco have introduced Pavilion.

The classical architectural proportions created by larger columns and bulkheads, and the distinctive Edge Gutter, responds to the emerging demand for a more substantial looking structure.

The smooth ceiling like finish of Stratco Cooldek, insulated composite roofing, further enhances the clean, contemporary design and aesthetic appeal of Pavilion. Whilst maximised spanning capabilities achieve a dramatic sense of openness and space.

Aluminium Composite panels, popular in many commercial buildings and architectural projects, contributes towards the high quality, modern finish of Pavilion.

add an element of sophistication, elegance, and even glamour to outdoor living.

LED ceiling lights, column lights and adjustable wall lights provide a complete alfresco living solution so the Pavilion can be enjoyed, day and night.

Pavilion is a unique alternative to a pre-fabricated patio and an economical alternative to a custom designed unit from an architect or general builder.

Suitable for new builds and retro-fit applications, freestanding or attached, Pavilion will integrate with and enrich any home.

Pavilion is an alfresco living solution, the likes of which have never been seen before in the verandah patio market.

This is so much more than just an outdoor living area, this is alfresco living redefined. This is Pavilion …by Stratco

Prefabrication provides simple, quick installation on site, offering less inconvenience and mess for the home owner.

The 6 contemporary colours of the Aluminium Composite Panel have a metallic finish to create a truly stunning finish.

Inspired by nature, the earthy hues compliment the raw materials featured in today’s architecture, and can be mixed and matched to

For more information please contact: Web: www.stratco.com.au Tel: 1300 155 155

54

UPDATES safety SEP/OCT 2015

The use of scissor lifts as a safe method of working on daily steel fixing tasks.

The use of a scaffold tower to gain access to, and egress from, the formwork.

that has been developed in consultation with relevant company stakeholders. It should be clear, concise and easily understood by the project delivery team as to who has responsibility for performing each assigned task and authority to sign off on the ‘hold points’ to allow works to flow efficiently and without hindrance.

suitably cleaned and stored for reuse. The creation, or exposure, of penetrations and/or unguarded edges must be identified and suitable control measures implemented prior to stripping works commencing.

Where works have been identified as being inspected, and confirmed as being installed correctly, a competent person or qualified engineer should sign off on the works as being built to specification and structurally sound. Pouring of the concrete then can proceed.

Guidance on some matters relevant to the use of formwork/falsework can be found in the standards below. Compliance with the standards, however, does not necessarily mean compliance with the WA OSH Act or Regulations.

Reference

Title

Effective and efficient document control procedures are also critical to ensure all documents, including design, engineering and checking procedures are up to date and that superseded documents are removed from circulation.

AS3610

Formwork for concrete

AS 1170 (Part 1)

Structural Design Actions-Permanent, imposed and other actions

AS 1170 (Part 2)

Structural Design Actions-Wind Actions

Pouring of the concrete should be undertaken with caution and per the design guidelines. To ensure a coordinated approach to responding in an emergency, the contractor involved with the formwork/falsework activity should liaise and consult with the main contractor to ensure any unexpected incidents are investigated and considered for future projects.

AS1379-2007

Specification and Supply of concrete

AS 1657-2013

Fixed platforms, walkways, stairways and ladders-Design, construction and installation

Once the concrete has been poured and allowed to cure as outlined in the project specification works, formwork/falsework stripping can commence in a safe, planned and practical fashion with materials

Further information can be found at www.commerce.wa.gov.au/worksafe and www.safeworkaustralia.gov.au/sites/swa/about/publications/pages/ guidance-formwork-falsework; or contact the Master Builders’ Safety Department on 9476 9800 or email safety@mbawa.com.

IMPORTANCE OF QUALITY ASSURANCE PRE-POUR CHECKS CAMS training officer Matthew Cresswell reports that this photo was taken when a reputable Perth builder brought the issue to Master Builders’ attention in July.

“It is clear that the screw jacks had been tampered with prior to pouring of the concrete,” Mr Cresswell says. “Had this not been captured prior to pouring there was a high potential for formwork failure to occur.”

ADVERTORIAL 55 SEP/OCT 2015

TAKE THE GUESS WORK OUT OF SUCCESS Being an independent builder in today’s competitive market can be a tough gig but what if there was an easier way to grow your business and ensure more success? What if there was a way you could grow your business by 400 percent? Would you be interested?

For most people the simple answer would be yes! Luke Farraway asked how and he has never looked back since discovering that the answer lay in becoming a G.J. Gardner franchisee for Bathurst in NSW. “In our first few months of operation our enquiries almost quadrupled thanks to the strong reputation of the brand,” said Luke.

Having a 21-year industry career that included building a house featured on Grand Designs and owning their own business, Kate and Luke Farraway certainly knew a thing or two about building when they decided to become G.J. Gardner Homes franchisees.

“Moving our business to the G.J. Gardner Homes brand enabled us to have better operational systems in place, ensuring better time management of our projects which has ultimately allowed us to get our customers into their homes quicker.

“We are also more competitive in the market thanks to the increased buying power being part of the group provides. The quoting system ensures we can provide clients with a one up front complete cost with no hidden extras.”

G.J. Gardner Homes, winner of Franchising Council of Australia Award for Excellence in International Franchising 2013, has helped more than 120 franchisees around the world reach the next level.

Small business operators who are trying to do it all themselves would appreciate the fine-tuned, fully integrated system that seamlessly links all aspects of a project together, from sales right through to estimating and account management. Not only does this system produce a high quality and all-encompassing finished quote, it provides more of the most valuable asset we desire – time.

And time freed up from administrative jobs allows for attention to revenue generating aspects of a business, such as sales and marketing.

Many small business owners without dedicated sales and marketing staff are reliant upon word-of-mouth advertising to secure new customer leads. While this can be an effective method for ensuring a steady stream of work, it may now allow for expansion.

As well as growth through the efforts of dedicated marketing support, franchisees enjoy an enviable position of being sought out by potential homebuilders due to their alignment with a trusted brand renowned for quality workmanship. This was one of the drawcards that converted Daniel Urquhart of Tamworth from being an employee of G.J. Gardner Homes to a franchise owner.

Having owned a renovation business before deciding to join G.J. Gardner Homes, Daniel worked as a supervisor in the Tamworth office.

When the owners decided to move on in 2011, Daniel was quick to take up the franchise rights. For him, the strength of the G.J. Gardner Homes brand was a major asset.

“It’s a great franchising model that has a good reputation and is well recognised,” Dan said.

“Joining a franchise helps level out the playing field by providing small builders like me with systems, training and support that rival those of other larger building companies.

“We receive great marketing support through the master franchise and benefit from the experience and expertise of franchisees in other regions.”

If you’ve got a head for numbers, then the figures alone speak volumes.

The average sole trader builder grows their business up to 400 percent within three years of becoming a G.J. Gardner franchisee and this boom in sales was what initially attracted Robert McMaster of Ballarat.

“We planned on 10 deposits in our first year and ended up doing 37,” Robert said.

“The savings in supplier and subcontractor pricing make us incredibly competitive, helping us win business from other major home builders, which we could never do before.

“Our sales team also has access to hundreds of G.J. Gardner Homes plans, many of which are priced up and ready to use. This ensures we build the right home, on the right plot for the right family, at the right price.”

“Joining G.J. Gardner Homes has really helped me build a better business, which has been extremely satisfying. I have grown as a person, as a builder and as a leader. It was a good move to make.”

For more information contact: Matthew Hope Phone: 0432 597 157 Web: www.gjgardner.com.au/franchise

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UPDATES technical SEP/OCT 2015

EVIDENCE OF SUITABILITY A KEY WITH NCPs • A certificate from an engineer or other appropriately qualified person.

• A current certificate issue by a Joint Accreditation System of Australia and New Zealand accredited product certification body.

• Other documentary evidence Master Builders’ technical consultant Romina De Santis.

The recent fire at the Lacrosse building in Melbourne has raised a number of concerns within our industry including compliance with the National Construction Code and Standards, the safety of building occupants and the use of certain external wall cladding systems.

The incident has sparked a parliamentary inquiry into non-conforming building products. In June, the Senate referred an inquiry into NCPs to the Senate Economics References Committee with particular reference to: a. the economic impact of non-conforming building products on the Australian building and construction industry; b. the impact of non-conforming building products on: i. industry supply chains, including importers, manufacturers and fabricators, ii. workplace safety and any associated risks, iii. costs passed on to customers, including any insurance and compliance costs; and iv. the overall quality of Australian buildings; c. possible improvements to the current regulatory frameworks for ensuring that building products conform to Australian standards, with particular reference to the effectiveness of: i. policing and enforcement of existing regulations, ii. independent verification and assessment systems, iii. surveillance and screening of imported building products, and iv. restrictions and penalties imposed on non-conforming building products; and d. any other related matters.

Submissions closed in August and the Committee’s report is due in October.

Builders often are unaware they are using materials that might not meet minimum standards. Master Builders Queensland has carried out a good deal of research in this area and has been working with Master Builders Australia to provide members Australia-wide with information and support.

This is a growing area of concern, with builders unwittingly attracting liability through the use of NCPs available for purchase from reputable suppliers, or through subcontractor-supplied items on projects.

Master Builders Queensland’s Construction products and ‘evidence of suitability’ guide strongly points out that contractors cannot assume that because a product is for sale in Australia, it is suitable for building work.

The guide says that the NCC requires ‘evidence of suitability’ of products and materials used in construction of buildings. One or more of the following could be used to establish this evidence: • A report issued by a National Association of Testing Authorities registered or recognised testing authority.

• A current ‘Certificate of Conformity’ issued under CodeMark or a WaterMark.

The Queensland guide notes there is a ‘patchwork’ of resources to help establish evidence of suitability but that it still falls to contractors to ensure the evidence is current and genuine. Counterfeiting and fraud are rife, standards change and quality varies.

The Australian Building Codes Board website has information on product certification, stating “[t]here are two product certification schemes to provide a nationally consistent quality of materials and products; the voluntary CodeMark building product certification scheme which the ABCB owns and jointly manages and the mandatory WaterMark plumbing and drainage product certification scheme which is managed and administered by the ABCB.” The website explains each of the schemes: CodeMark CodeMark is a building product certification scheme. The ABCB and New Zealand’s Department of Building and Housing (DBH) manage the CodeMark Product Certification Scheme in their respective countries.

[JAS-ANZ] accredits certification bodies.

These third-party CodeMark certification bodies evaluate and certify products to ensure they meet specified requirements of the Building Code of Australia (BCA). A register of CodeMark certified products is maintained by the ABCB and listed on [the ABCB] website. Relevant legislation requires building control authorities to accept CodeMark certified products.

WaterMark There is a requirement in the Plumbing Code of Australia (PCA) for certain plumbing and drainage materials and products to be certified and authorised for use in a plumbing or drainage installation. These materials and products are certified and authorised through the application of the WaterMark Certification Scheme.

Until 25 February 2013 the Scheme was managed by the National Plumbing Regulators Forum (NPRF) and administered by Standards Australia. The Scheme is currently managed and administered by the ABCB. Certified materials and products are identifiable by the WaterMark trademark, which must be displayed on the product or material upon the granting of a WaterMark Certificate of Conformity.

The overwhelming message is that if you are unsure of materials used or specified for your building project, ask for evidence of suitability. More information on CodeMark and WaterMark is available on the ABCB website www.abcb.gov.au. A guide produced by the Australasian Procurement and Construction Council, Procurement of Construction Products: A guide to achieving compliance is available at the Council’s website, www.apcc.gov.au.

training UPDATES 57 SEP/OCT 2015

‘Chain of Responsibility’ provisions, with application to all vehicles, have been introduced into WA road transport law. Master Builders’ training director Neil Du Rand, with the help of Main Roads WA information, reviews the situation.

NEW COMPLIANCE AND ENFORCEMENT LEGISLATION CAUSES STIR

Master Builders’ training director Neil Du Rand.

Following proclamation of supporting regulations, Compliance and Enforcement legislation was introduced into WA law in April. In WA the legislation applies to all vehicles regardless of size.

A comprehensive communications campaign continues to be undertaken to ensure all stakeholders and industry members are informed of changes and the potential impact on businesses.

Master Builders is arranging information sessions as well as training.

The national model Road Transport Reform (Compliance and Enforcement) Bill introduces the concept of ‘Chain of Responsibility’, recognising responsibilities, beyond that of the driver and operator, others have in road transportation of goods. General objectives of the model bill are to improve road safety, reduce infrastructure damage, improve deterrence and enforcement, promote a level playing field for industry and improve business efficiency and compliance.

The Compliance and Enforcement laws introduce legal accountability throughout, and general liability of all involved in, the transport chain together with increased penalties. In the event of a breach, everyone in the Chain of Responsibility, within their respective roles, will need to demonstrate they took all reasonable steps to prevent the breach, and/ or there were no reasonable steps they could have been expected to take to prevent the breach, or that there was no way they reasonably could be expected to know about the breach. In WA, the view is that to gain maximum road safety benefits, it is essential that the chain of responsibility provisions apply to all vehicles.

Main Roads WA is responsible for enforcing the Compliance and Enforcement legislation and for communicating the changes to the transport and logistics industry and the wider community. The impact of the changes has come to Master Builders’ attention with Perth, Albany and Bunbury reports of police stopping builders and contractors and threatening prosecution. It is said that suppliers through to builders can be responsible if they do nothing to ensure that vehicles transporting goods to or from sites are overloaded or fail to have loads properly secured.

Main Roads says there is no real change for drivers but now there are more people responsible along the ‘chain’. Those involved in the following ‘road transport activities’ are parties in the Chain of Responsibility and may be liable for a breach of the road laws: • Consigning – a person or company commissioning the carrying of goods.

• Packing – placing goods in packages, containers or pallets.

• Loading – placing or restraining the load of the vehicle.

• Driving – the physical act of driving a vehicle.

• Operating/managing – operating a business which controls the use of a vehicle.

• Receiving – paying for the goods/taking possession of the load.

While not a defined role in WA legislation, there also are provisions to include duties performed by a scheduler. The law also extends to company directors, employers, unincorporated associations and partners in a managed partnership. Put simply, it means that anyone with control in the transport chain can be legally accountable if by action, inaction or demand, they cause or contribute to road safety breaches.

All in the Chain of Responsibility need to demonstrate (within their own roles) that they took all reasonable steps to prevent a breach, there were no reasonable steps they could have taken to prevent the breach and there was no way they reasonably could be expected to know about the breach.

Responsible parties in the transport and logistics chain must be satisfied their programs and compliance systems are in place and adequately meet their legal obligations. The Compliance and Enforcement legislation is contained in the Road Traffic (Administration) Act 2008 and the Road Traffic (Vehicles) Act 2012 and is accessible on the State Law Publisher’s website, www.slp.wa.gov.au.

Those charged with offences have the benefit of the reasonable steps defence but the meaning of ‘reasonable steps’ is vague. Steps to be taken to prevent breaches will vary from business to business.

Taking reasonable steps means demonstrating regular assessment and identification of risks associated with the business’s activities and managing those risks.

Risks can be managed by doing everything to eliminate the risk or if that is not possible, doing everything to reduce or minimise the likelihood of the risk occurring. Taking ‘reasonable steps’ could include developing a code of practice, reviewing business practices, changing commercial arrangements, adopting a risk management approach, appropriate training policies and supervision and ensuring responsibilities are known and acknowledged.

Things to consider when deciding if something is ‘reasonable’ could include: • The nature of the transport task.

• Expertise, experience and training.

• Risk management approaches.

• Documented policies and procedures.

• Monitoring/auditing.

The reasonable steps defence is not definitive nor is it new, having been in place in other legislation for many years. As each business is different, it is difficult to define the steps required to comply. Thus the defence is structured to provide flexibility by allowing businesses to decide what steps they will take to ensure compliance with the law.

58

UPDATES utilities SEP/OCT 2015

AVOIDING OBSTRUCTED WATER METERS Water Corporation’s meter readers visit properties every two months to take readings but their job is not always made easy as meters often are obstructed by plants, landscaping such as paving or decking, pets or simply behind locked gates.

Working the placement of the water meter into the overall design of the front garden will ensure the area will allow for clear and safe access. It also will help the customer avoid any future costs associated with the relocation of their meter.

Builders and plumbers play a pivotal role in ensuring meter readers are provided with unobstructed access to water meters. It is important for a property owner to ensure unobstructed access to their meter when building, renovating or landscaping near meters.

If the Corporation is not able to obtain a reading due to an obstructed meter, the customer will be asked to remove the obstruction. In some instances, the Corporation may remove the obstruction at a cost to the customer.

Water Corporation encourages builders and plumbers to keep in mind that water meters: • Are read every two months.

• Cannot be located more than 1.5 metres from the front boundary line of the property.

• Must be installed 200-250 millimetres above ground with a clear space of 300 millimetres on both sides and 1.2 metres above.

A Waterwise specialist plumber, landscaper or garden irrigator can work through various options to make the best decision that suits both the contractor and customer.

“We are asking you for your help to ensure all water meters are easily accessible for our meter readers now and in the future,” says Water Corporation. For more information please visit watercorporation.com.au.

WORKING SAFELY NEAR ELECTRICITY • Use a safety observer to monitor and warn against unsafe approach to live equipment or other unsafe conditions. The observer must be competent and have the authority to stop the work if necessary.

If you or your contractor need to dig near or on the verge of your property it is essential that you Dial Before You Dig by visiting www.1100.com.au or freecall 1100. Dial Before You Dig can help prevent damage and disruption to underground pipe and cable networks, including electricity, gas, communications and water. Contact with a single cable or pipe can leave an entire community without essential services and may result in injury or death. There are also heavy financial penalties for negligent behaviour.

Dial Before You Dig is a free national referral service, supported by Western Power. It is the most efficient way to obtain information on underground networks at your property. In most cases plans showing the location of underground cabling will be supplied within two working days of an enquiry.

Working near power lines and other electricity infrastructure can be extremely dangerous. Western Power recommends the following safety guidelines: • Always assume power lines are live. If you see a fallen power line do not go near it – call 13 13 51 immediately.

• Do not interfere with power lines in any way. Contact with power lines can result in electrocution and power interruptions.

• Do not touch anything that is touching power lines, for example tree branches. If you touch any part of a tree that is touching a line, you risk serious injury or death from electric shock.

• Locate and keep clear of ground-based infrastructure such as transformers, kiosks and green domes.

Always remember to follow the four Ps: • Plan: dial 1100 before you dig to obtain underground network plans.

(Keep your plans onsite) • Pothole: use a hand shovel to establish the exact location of all underground cabling.

• Protect: always erect safety barriers in risk areas to protect underground cabling. Protecting exposed plant is the responsibility of the contractor.

• Proceed: only commence digging once you have planned, potholed and protected.

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DIRECTORY 59 SEP/OCT 2015

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DIRECTORY SEP/OCT 2015

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