Master Builder magazine January-March 2024

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NEWS

The latest industry news and developments to keep you informed of the changes in Queensland’s building and construction industry.

‘Closing Loopholes’ Number 2 - what you need to know The Federal Government’s latest tranche of Fair Work changes were recently passed. Here’s a summary of the changes and how they will affect members: Right to disconnect Workers will be able to ignore calls, emails or messages from you after work hours, where reasonable, and you will not be able to punish workers for it. You can contact workers in emergencies, to communicate any changes with work hours or locations, or where workers are paid a premium to be available out of hours.

minimum wages and conditions. However, the Act also creates an arrangement whereby a business and independent contractor have the ability to ‘opt-out’ from the potential application of this new provision. This is done either through the business notifying the contractor that they could be deemed an ‘employee’, with the contractor then having a set period to ‘opt

out’, or by the contractor giving notice at any time giving notice that they want to ‘opt-out’. The changes will not take effect immediately and will be phased in over the coming months. Master Builders will provide additional information about the changes in upcoming communications. If you wish to discuss these changes or require clarification, contact our Workplace Relations team. 

Casual conversion Casuals who have worked for six months, or 12 in the case of a small business, and have had a regular pattern of work can seek to convert to a permanent role. You can refuse on ‘fair and reasonable operational grounds’. Where there are disputes, the Fair Work Commission will resolve any disputes. Definition of employment Employment will be defined in the Fair Work Act, and the courts must have regard to the ‘reality’ of the relationship when considering if independent contractors are really employees, and so entitled to backpay for

Help stop the march of fire ants Fire ant season is well and truly underway in Queensland, and it’s important you understand your biosecurity obligations to use fire ant-safe practices to mitigate the risk of spreading them. Fire ants remain one of the world’s most invasive species, and their presence can have devastating consequences on our environment and economy. They are identified as copper brown in colour with a darker abdomen, around 2 to 6mm in size, and can swarm when disturbed, inflicting a painful sting. Dealing with organic materials that can carry fire ants is a biosecurity risk. These materials include soil, hay, mulch, manure, quarry products, turf, and potted plants. If you are producing, moving, or storing any of these organic materials in Queensland,

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Master Builder

you must take all reasonable steps to ensure you do not spread fire ants. These include: • Understanding what fire ants and their nests look like • Checking the fire ant biosecurity zones – an interactive map is available on the National Fire Ant Eradication Program website, allowing you to type in a specific address • Read detailed information on the specific steps you need to take for the type of material you are moving, as per the Biosecurity Regulation 2016 • Inspect material for any fire ant activity before moving it • Follow movement controls relevant to the materials you or your business are

working with, including when buying and selling products • Report suspect ants online or by calling 13 25 23 • Clean machinery and equipment used when working with materials that can carry fire ants, before moving it off site • Treat any fire ants you find to reduce the risk of them spreading. Government teams regularly conduct random compliance checks and issue infringement notices or biosecurity orders to non-compliant businesses. Worksites can be shut down until fire ant-safe practices are in place.  The fire ant compliance tool can help you safely manage and transport high-risk materials. Visit www.fireants.org.au/FACT


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