Canberra Building News Edition 1 - 2011

Edition 1-2011

Master Builders Group Training. building pathways for apprentices

Partnership between UC & Master Builders begins

ACCESS

CHANGES TO COST BUILDERS

Training proposal for Civil Contractors

Matrix National Ready for Industry Demand

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We are proud to be associated with the MBA in Canberra. Committed to assisting and advising MBA members on such issues as recruitment, staff retention, industry news and salary information; we also conduct regular safety seminars in conjunction with the MBA to keep you up to date on OH&S requirements and changes in legislation. technical disciplines: General Managers Construction Managers Commercial Managers Project Managers Site Managers Estimators Contract Administrators Project/Site Engineers Quantity Surveyors Forepeople Leading Hands Project Coordinators Graduates Cadets

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to speak to a recruiting expert contact hays Construction at cp.canberra@hays.com.au or 02 6230 5142.

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President – Ross Barrett Treasurer – Simon Butt Commercial Builders Council Chair – Valdis Luks Civil Contractors Council Chair – David Jones

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Building pathways to construction

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MOU is Signed UC & MBA to deliver industry based learning units from 2012.

Group Training offers well-tested career paths for young people entering construction .

Residential Builders Council Chair – David Howarth Professional Consultants Council Chair – Hans Sommer Suppliers & Subcontractors Council Chair – Graciete Ferreira Master Builders Management team Executive Director – John Miller

Canberra Building News Edition 1 - 2011

Master Builders Executive Council

Deputy Executive Director – Jerry Howard Director Industrial Relations – Mike Baldwin Senior Management Accountant – Louise MacCallum

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Risk vs. Reward in Government contracts

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Blake Dawson canvas the key areas of risk in government construction contracts.

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Matrix National Group Matrix National launches its new look and expansion of services ready for industry demand.

22 Consumer Law How this will impact the building and construction industry .

38 The Bottom Line Paul Powderly discusses the changing face of the Australian Capital’s property market.

Mandatory Access Building Code changes will have cost implications as of 1 May 2011.

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Security of Payments John Murray, of Adjudicate Today, answers frequently asked questions.

26 Hawke Review Big changes are likely in ACT Planning and Land Development.

40 Golf Day Raises $11,000

Master Builders Group Training General Manager – Wendy Tengstrom

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyshwick ACT 2601 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au Advertising enquires Senior Manager - Marketing & Membership Services – David Leitch Tel: (02) 6247 2099 Mob: 0437 379 391 Email: dleitch@mba.org.au

Lifeline Canberra benefits from another successful charity golf day.

Master Builders & Boral Excellence in Building Awards

Master Builders Industry Dinner, incorporating the CCF Earth Awards

Date: Friday 24 June 2011 Venue: National Convention Centre Canberra The Master Builders & Boral Excellence in Building Awards are largely regarded as the premier awards and networking event for the building and construction industry throughout Canberra and the surrounding region.

Date: Thursday 1 September 2011 The Earth Awards have the specific aim of recognising outstanding work in construction and environmental excellence which reflects development and use of the best technologies and practices by Australian civil contractors.

The Awards recognise outstanding projects from our region’s residential builders, commercial builders, civil contractors, architects, designers, sub-contractors, suppliers and associated professionals.

Senior Manager – Marketing & Membership Services – David Leitch

Our guest speaker for this event is the highlyaccomplished Captain Rachel Brennan, who specializes in civil engineering and infrastructure for the Defence Force of Australia.

Main Cover Image: Barry Parsons & Darren Sterzenbach on site for Matrix Nation Group.

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President's Message

President of Master Builders Association of the ACT, Ross Barrett

History is too serious to be left to historians, so I want to record my knowledge of the establishment of our Civil Contractor Sector Council and the Civil Contractors Federation in the ACT. By 1970, the ACT civil construction industry was dominated by the “big three” contractors, Leightons, Citra and Thiess. Each of these contractors had guaranteed work under the National Capital Development Commission’s Long Term Subdivision contracts. These contracts were established by the NCDC to each run for several years and they ensured a continuous supply of land at a time when Canberra was growing at a rapid rate. These contracts also proved financially attractive to the contractors involved because of their scale and the level of certainty the long contract periods provided. Other large contractors only came into the ACT when they were successful in acquiring the odd large contract that the big three either did not want or were unsuccessful in tendering.

At this time, the local civil contractors were left to compete for the smaller projects while most of them also carried out some subcontract work or provided plant hire to the big three. There was an obvious feeling of the “haves”, being the big boys, and the “have nots”, being the locals.

Tender closing day was a good trading day for the Ainslie Rex hotel (now Olims All Seasons) with the local contractors all congregating in the bar by mid afternoon. After determining which company had been successful with the day’s tenders, the conversation often turned to the perceived problems within the industry. The locals believed their

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biggest problem was the big three’s unreasonable attitude when dealing with them. The locals were also envious of the success of the big three in “our town”. John Commisso of Able Drainers often spoke of the need for the locals to be more supportive of each other and he eventually approached me to arrange a meeting, away from the hotel bar, for all of the local contractors to discuss his concerns. I suspect that I was asked to organize the meeting because of my standing as the only civil engineer employed by a local contractor.

The meeting that was arranged became the first of many. The ACT Contractors continued to meet on a regular basis at the Canberra Rex hotel with me chairing the meetings. It soon became apparent that several members of the group were only interested in increasing their tender prices by colluding to share the available works, but most could see the benefit of having a wider agenda.

After more than two years of these regular meetings, John Haskins began attending as the representative of the newly established Guidelines. John was concerned about the status of the meetings and suggested the ACT Employers Federation (now Chamber of Commerce and Industry) be approached to formalise the group. A first meeting with their Director John Dallas was held in October 1973. Fourteen contractors, including John, myself and Os DaDeppo were present.

The ACT Civil Engineering Contractors Association was formally established in November 1973, with an annual subscription fee of $10 per annum and an affiliation fee to the ACT Employers Federation of $100 per annum.

In 1979 the ACT Civil Engineering Contractors Association became a member of the original Committee of 22 which later took on a wider role as the Canberra Association for Regional Development and is now known as the Canberra Business Council.

In 1991, Bob Winnel convinced the Civil Contractors to become the new Civil Contractor Sector Council of the Master Builders Federation ACT. So the groups association with Confact, as the Employers Federation had become known, ceased.

By 1995, the Civil Contractors Federation had established branches in all of the Australian states but required a presence in the ACT to finalise their Australia wide branch network. After protracted discussions between me and the national CEO of the CCF, Doug Huett, our Civil Contractor Sector Council also became the ACT branch of the CCF with myself and Graham Riley as the National Councilors. I attended my first national CCF meeting in Sydney on 17 June 1995 and have been the ACTs representative ever since. Graham has recently accepted the position of alternate national board member so we are back to where we started sixteen years ago.

It will be interesting to look back in a few years time to review any further changes to the ever evolving history of our ACT civil contractors.

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Executive Director's Message

Executive Director of Master Builders Association of the ACT, John Miller

Former prime minister, Paul Keating, was once reported to have paraphrased one of Gough Whitlam’s quotes to suggest that if a two horse race includes Selfinterest, then back Self-interest every time.

For the purposes of this article I am going to refer to an old system as representing “Self Interest” and a proposed new system as representing “Fair and Reasonable”. So what old and new systems am I talking about? I’m alluding to, of course, the ACT Workers Compensation scheme.

What onlookers could be confused by in the messages being sent via the anti-change campaign is that anyone who fails the WPI threshold will not be entitled to anything. That’s certainly not true. There will be fair and reasonable (remember, that represents the new system) compensation for injuries and illness. For some, that won’t represent the windfall gains of the old system. The important thing is that for those who suffer serious injuries or illness where fault lies elsewhere, then access to the legal system will be available to seek remedy where a case is proved.

NSW under the Carr regime. This is not about denying those injured or suffering; certainly not those deserving of proper recompense for pain and suffering as a result of injury and/or illness. It is about the cases that have been taken into the legal system and succeeded where most reasonable people would have concluded there should have been no chance of success.

Sure, the Law Society rolled out a number of horror stories in their submission but ask anyone in business and they could litter the pages of a tome bigger than War and Peace with horror stories of cases

The business community has been seeking this type of change in the Territory for more than 20 years.

The ACT Government, with a good deal of bottle, proposed changes to both the ACT Compulsory Third Party (CTP) scheme and the ACT Workers Compensation Scheme prior to Christmas. This was in the face of stiff opposition from its own, namely the union movement. The opposition from its own has been nothing compared to the campaign now being run by the legal fraternity. Now why would that be?

Naturally, the case being run by the legal profession to retain the old system (that’s the Self-interest one), is denial of access to common law for everyone. That gives you a pretty big field to choose from especially when you can make money out of any number of arguments you can mount. Under new proposals by the ACT Government, the field would be limited to those who exceed Whole Person Impairment (WPI) thresholds set by the new legislation.

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In its submission to the ACT Government, the ACT Law Society argues against the New South Wales system which is reflected in the proposals for the Territory. Here was a system sending a state government broke at the hands of unfettered access to the legal system.

All the old system has done is to create a flotilla of ambulance chasers acting totally irresponsibly in the name of protecting the disadvantaged. If there was a hint of blame the Law Society was to take for the massive impost a number in their profession was placing on the current schemes, then maybe their case would be more believable. Their submission fails to acknowledge any problems caused by their own. They are but a shiny knight on a white horse.

The business community has been seeking this type of change in the Territory for more than 20 years. They have looked on in envy at the changes in

resulting in payouts that could only be described as a joke. Most observers know this old system is flawed system and needs to be replaced.

The ACT Government should be applauded for attempting to bring some semblance of sanity to what has otherwise been a Teddy Bears’ picnic for many in the legal profession. This is about removing the excesses of self interest and replacing it with a system that is manifestly fair and reasonable. It is hoped that both the Opposition and The Greens see the merits in bringing about change to a system that is not balanced.

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Industrial Relations Message

Director Industrial Relations, Master Builders Association of the ACT, Mike Baldwin

Sham contracting, illegal workers, government inquiries into work practices, all challenges faced by ACT industry.

Members may recall that my very first piece for Building News in February 2010 was the issue of sham contracting. In that piece I set out what it was to be in a sham contracting arrangement, what the legal definitions were and the options available to members who may be

arrangements were encouraged and the problem proliferated to the extent that we now have all stake holders calling for a solution. Unfortunately this is an issue that is not an easy fix, as sub-contracting is an essential component of the building industry and has been for generations.

Root and branch reform is what is required, however, as the Government is experiencing with the carbon tax debate, it takes time to change people’s understanding of the problem and the solution.

their privacy obligations when asked by project managers to provide information regarding the status of their employees or subcontractors. The federal Privacy Act (1988) specifically exempts any act or practice that is directly related to an employee record. An ‘employee record’ is defined as ‘a record of personal information relating to the employment of the employee such as health, terms of employment, training and termination.1 This exemption means that employers and sub-contractors cannot hide behind

The Master Builders position is clear; we totally oppose the use and abuse of illegal workers on construction sites specifically and in the industry generally. inadvertently embracing these practices.

I believe I also said that this issue would dominate the year and it would in effect become the signature issue of 2010.

Unfortunately my fears came home to roost. I do not think there was a day last year when I did not field an enquiry or give an advice about the issue. The problem however took some time to percolate through to our politicians and policy makers who appeared to pay little heed to the problem and were comfortable with a tendering process where price was essentially the only criterion for success. The impact of this approach was that improper ABN

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A manifestation and extension of the sham contracting issue has arisen with extensive media coverage of alleged illegal labour being used in our industry.

The Master Builders position is clear; we totally oppose the use and abuse of illegal workers on construction sites specifically and in the industry generally. Furthermore, any one who knowingly utilises such a device to ‘remain competitive’ or to ‘satisfy the time requirements of the builder or project manager’, will be given no truck when and if they come to us for assistance. That said there is anecdotal evidence that some employers have concerns that they may be in breach of

the privacy veil when addressing due diligence exercises by project managers or government agencies.

I am pleased to say that many of our sub-contractor members are aware of the problem and are as keen as the Master Builders to be rid of the scourge.

Furthermore, instances that have been uncovered show that the problem lies primarily with interstate firms who fail to observe their obligations under ACT law, in addition to the employing of illegal and other forms of inappropriate labour.

This leads me to the national ABCC enquiry into sham contracting and labour hire, scheduled to commence in Canberra

We note with disappointment the refusal of the unions to participate in the enquiry.3 In light of this stance we say that the union movement’s concerns should be discounted and its allegations treated in a similar

fashion.4 It is simply not good enough for a major player in the industry, because they don’t like the umpire to take their bat and ball and go home.

This lack of respect for the regulator has seen the unions take the law into their own hands, with several sites being subjected to unlawful industrial action over purported sham contracting arrangements.5 In light of these actions the ABCC needs to remain vigilant on the question and the main function of its origins - that being maintaining the rule of law on building and construction sites. Given the above, we look forward to participating in the inquiry and look forward to positive results that will assist our membership in what is a volatile, essential and fascinating industry.

Stewarts Guide to Employment Law 2nd Edition, Federation Press, 2009, p240 1

Master Builders Australia; Submission to the ABCC on Sham Arrangements and the use of Labour Hire in the Building and Construction Industry, 7 March 2011, p 2 2

B Schneiders, Watchdog ‘striving for credibility’ The Age 27 December 2010, p3 3

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Op-cit, p3

Canberra Building News Edition 1 - 2011

with a public hearing on 25 March at Old Parliament House. This is the first of a series of national round tables that will take place in the first quarter of the year. The Master Builders Association opposes sham contracting. In simple terms, the practice makes it more difficult for law abiding members to compete against competitors whose costs are illegitimately reduced. In addition they are adversely affected as taxpayers, where all taxpayers must pay increased taxes because of the “leakage” from the system via the black economy and mechanisms that are constructed to defeat the law. 2

Order by SDP Richards , Brisbane 28 February 2011 in PR507177 and see A O’Brien, Union furious over cheap foreign labour , The Australian, 15 February 2011 5

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Master Builders Group Training Setting the standard for Apprentices’ development, quality training, career enhancement, and mentoring and completion rates.

A Federal Government report strongly critical of the national apprenticeship arrangements has recommended the Government restructure national arrangements along a model similar to the existing ACT Master Builders Group Training (MBAGT) arrangements.

The Federal Government has generally welcomed the report of its expert panel on apprenticeships: A Shared responsibility –Apprenticeships for the 21st Century, although the Minister for Skills and Jobs, Senator Chris Evans, ruled out one of the group’s recommendations, for an employer contribution scheme to fund apprenticeships.

“The economy needs skilled workers now and the apprenticeships system must be flexible enough to deliver,” Senator Evans said.

Having ruled out an employer contribution scheme, Senator Evans said he was broadly supportive of the panel’s recommendations but would be reluctant to adopt measures which resulted in the imposition of additional or unwarranted bureaucracy.

Many of the recommendations of the Federal Government apprenticeship report propose the national apprenticeship scheme be reformed

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so that it would more closely resemble aspects of the existing Master Builders Group Training arrangements.

Master Builders Group Training enjoys close links with Construction

Master Builders Group Training offers an ideal and well-tested career path for young people seeking a career in the building industry MBAGT is one of the oldest group training bodies in Australia and offers an ideal and well-tested career path for young people seeking a career in the building industry and associated trades and para-professions.

MBAGT is a highly regarded Registered Training Organisation (RTO), currently training 300 young people for the building and construction industry.

Trainees include MBAGT employed apprentices, trainees and cadets, Australian School Based Apprentices and trainees registered for training with MBAGT and not employed by MBAGT.

Training or employment through MBAGT offers many benefits to potential apprentices and trainees because of its close links with building industry employers and its commitment to supporting its trainees in both their career and personal development, according to Jerry Howard, Deputy Executive Director of the Master Builders Association of the ACT. MBAGT ensures trainees are working in a safe and stable work environment, with full-time Field Officers and an OH&S Co-ordinator providing an invaluable network of mentors and pastoral support to ensure the program’s success.

MBAGT offers different levels of training, providing trainees with a career pathway and offering post apprenticeship professional development including the Certificate IV in Building and Construction. Pathways to tertiary qualifications are available through the partnership between University of Canberra and MBAGT. Alternative pathways MBAGT offers a variety of alternative pathways to qualifications for the building industry. It was one of the

first industry bodies to be involved in school-based training, having commenced school-based training at Canberra Marist College in 1999.

While other pathways continue to exist for apprenticeship entry, school-based training has become the most popular and most successful pathway for young people to take up an apprenticeship, giving them an opportunity to “test” their preferred choice of trade while observing other alternatives, all while still in school or college and before they make a firm commitment to a career path, Mr Howard said.

Earlier this year Master Builders and University of Canberra signed a MOU that will lead to new and better pathways for aspiring professionals in the building and construction industry.

Completion rates One of the major concerns highlighted by the Federal Government report is the generally low completion rates for apprenticeship starters nationally.

Wendy Tengstrom, MBAGT, General

Manager is very proud of the outstanding apprentice completion rates for the scheme. “Our completion rates are very high, almost double that of the National average across all trades. It takes a dedicated team effort to maintain these high standards.”

have the backup if we need it”.

Safety is ‘top of mind’. Our Field Officers and OH&S Coordinator continually work with Host Employers and Apprentices. This reinforcement of safety through our policy and compliance regimes has positively impacted on the workers compensation claims with the number

Flexibility

of claims continually decreasing.

Training Services Manager, Brendan Lampard states that the trainers employed by MBAGT are keeping pace with new products, industry standards, and building practices because they are all working within the construction industry. “When they’re not training our apprentices the Trainers are working onsite as builders, carpenters, bricklayers and in building certification”.

The trainers are also very accessible to the apprentices. Centennial Homes’ Ryan Thomas and Matt Bartholomew are former Master Builders Carpentry apprentices, who are now in business and employing apprentices of their own.

Ryan says he really appreciates the support from his former trainer Steve Monkhouse. “When Matt and I were training we were able to call Steve if we needed help. And we still have an ongoing relationship with Steve and the Master Builders which is good to

Centennial Homes employs two apprentices (Andrew Ludzioweit and Jake Potter) and Matt Bartholomew says they are now enjoying their training with the Master Builders.

The Australian School Based Apprenticeships and Kids Assist programs are very important as they provide practical experience for those considering a career in construction while they are still at school. These programs also gauge their potential

and suitability to the industry.

Tom Castle is an apprentice working for commercial bricklaying firm, CTR Pacific. Tom started his career as a carpenter and just about gave up on his dreams of completing a building apprenticeship as the carpentry work wasn’t what he had expected it to be.

Fortunately, through his schoolbased apprenticeship with the Master Builders, Tom had a range of skills to fall back on and is now in his third year as a bricklayer. Tom is much happier with his career choice and this is reflected in his training performance: he won the stage 1 Bricklaying apprentice category at the 2010 MBAGT awards; and then backed that up with the Stage 2 merit award in 2011. Tom says ‘’It’s a lot of hard work laying bricks all day but its good work”.

Prior to starting his apprenticeship with Centennial Homes, Andrew Ludzioweit had spent six months working on building sites and after

an assessment conducted by Brendan Lampard, Andrew achieved a number of competencies through the recognition of prior learning process to move into the Stage 2 carpentry classes. “Being a little bit older (Andrew is 25), I feel that I can take more in and this jump to stage 2 will help me get to where I want to go a little bit quicker”, Andrew said.

Back up and support Don Rail is the Manager of Field Services for MBAGT. He has over 40 years experience in construction and knows how important it is to

see potential apprentices while still at school and throughout the ASBA program, “This gives us access to young people that are interested in the trades. We grow our own and basically they know how we operate and we know how they operate because we monitor them regularly and get feedback from the trainers and Host Employers. At the end of their two years we invite them to apply for full time apprenticeships”.

Don has seen significant changes to the way apprentices are employed and trained. “It’s a combination of a number of things: the way we approach them in the school environment, we go out there and say ‘participate in our school-based programs to see if you are interested in our industry.’ I tell them straight that school finishes at the traffic lights out here and when you come to us this is a work environment: ‘You’re getting paid to be here. We treat you as adults not as school students’.

Our trainers are knowledgeable & experienced and train to meet industry requirements. The trainers want to 14

pass on their knowledge, talent and experiences to these young people and our Host Employers want to train these apprentices and many retain them in their post apprenticeship. Well over 90 per cent of our guys stay on with those hosts after completing their trade”.

our new Skills Centre in Fyshwick just over two years ago and are now in a position where we already investigating opportunities for expansion”.

Don and fellow Field Officer Geoff Wood monitor the relationship between the apprentices and Host Employers and are finding that new Hosts are regularly coming from the ranks of former Master Builders’ Apprentices.

The Future MBAGT is guided by an experienced and dedicated Board drawn from the construction Industry, chaired by Manteena Director Rod Mitton.

More details about MBAGT, apprenticeships and other training can be found on the Master Builders Association (ACT) website under “Apprenticeships”: www.mba.org.au

Master Builders Executive Director, John Miller sums up the success of

We moved into our new Skills Centre in Fyshwick just over two years ago and are now in a position where we are already investigating opportunities for expansion.

MBAGT: “We are in a unique position, and we can draw on the strength of the Master Builders membership for Host Employers. We understand the needs of the industry through their feedback.

Employer involvement is critical to the success of our program”.

“The demand for training and skills development in building and construction is high. We moved into

Master Builders Group Training Field Officers Don Rail and Geoff Wood.

18 March 2011, Southern Cross Club, Woden

Canberra Building News Edition 3 2 - 2010

Master Builders Group Training Apprentice and Cadet Awards

Main Picture: Outstanding Apprentice of the Year, Tim Knight with Gary Guy from the ACT Training Fund Authority.

Top Right: Cadet of the Year, Terry Mulcahy. I Bottom Right: Master Builders Group Training General Manager, Wendy Tengstrom.

Friday 18 March saw the Master Builders Association of the ACT host the Group Training Apprentice and Cadet Awards for 2011.

The evening is an opportunity for industry professionals and industry bodies to come together to support and recognise outstanding work by the current Master Builders Group Training apprentices and cadets.

This year the awards were held at the Southern Cross Club in Woden, where over 150 invitees and guests enjoyed an evening of great food and the chance to recognise outstanding achievements in a number of fields.

The awards were divided into categories such as Plumbing, Carpentry, Civil, Bricklaying, ASBA, with the major awards; Outstanding Apprentice of the Year, and the para-professional category of Cadet of the Year being awarded to Tim Knight and Terry Mulcahy respectively.

A big thank you must go to all host employers who are able to make this initiative the success it is, and to all the sponsors whose generous support makes the evening possible.

The team at Project Coordination said about Terry Mulcahy, Cadet of the Year - “We have found Terry to be diligent & conversant with all aspects of the building industry, able to negotiate with all levels of the building team including clients, architects, consultants,

subcontractors & our management. We have seen him transform from an inexperienced junior foreman to a very experienced general foreman”.

The event is an important way of recognising rising talent in the building and construction industry, and provides apprentices and cadets with the opportunity to network with industry professionals, and showcase their skills.

Robert Palombi from AC Contractors, Host employer of Tim Knight (Apprentice of the Year), said “We have had many apprentices over the past twenty years and within the first week we knew we had something special in Tim. His understanding and ability for a first year apprentice was that of a tradesman and has only improved over the past 3 years. The ability to solve any problems that he came across and the quality of ALL his work is outstanding and it comes as no surprise that Tim was the winner of the award”.

Mr Palombi went on to say,“Tim gets on with all his fellow employees and we are very pleased to have retained him as one of our leading carpenters and have plans to elevate his position within our company structure”.

Wendy Tengstrom, General Manager of Master Builders Group Training said of the evening, “Another successful apprentice and cadet awards ceremony with many talented apprentices competing for the awards. It was great to see so many hosts and sponsors on the night. A winning night for the construction industry”.

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A Partnership Between the University of Canberra and The Master Builders ACT begins.

Industry Based Learning Units - Creating better pathways for aspiring industry professionals.

On Monday 24 January Master Builders of the ACT and the University of Canberra held the official signing of the Memorandum of Understanding. This partnership will deliver tangible benefits for members and the ACT and regional building and construction industry, with tertiary trained building professionals.

The UC’s Bachelor of Building and Construction Management, offered in the Faculty of Business and Government has received strong financial support and commitment from the local construction industry, the ACT government and the Construction Industry Training Fund Authority. This course has also been granted full accreditation by the Australian Institute of Building and the Australian Institute of Quantity Surveyors.

Executive Director of Master Builders ACT, John Miller said the relationship between the Master Builders and UC is designed to help address the skills shortages in the ACT building and construction industry.

“Growing and educating local talent will play an important part in addressing this industry and community challenge”.

The University of Canberra, in partnership with The Master Builders ACT will now start joint working meetings to develop and implement Industry Based Learning Units from 2012. The Industry Based Learning Units, are to be taught at the Master Builders Skills Centre in Fyshwick and accepted as part of the University of Canberra’s Industry Based Learning Unit program.

The Master Builders ACT and the University of Canberra will share and compare what unit content is taught, commencing with the Building and Construction Studies (Level 1) and the Material and Structures unit.

A Construction Computing unit will be developed between the University and the Master Builders and will be delivered from the Master Builders IT Lab. Both University of Canberra and Master Builders Cert IV and Diploma students will enrol in this course.

The partnership will see both the University and The Master Builders present jointly at school career days, Master Builders and University of Canberra Open Days. This will begin with presentations to Canberra High Schools.

“The new arrangement will create better pathways for aspiring professionals in the building and construction industry into higher level training as well as securing opportunities using the resources of both organisations to strengthen early stage industry training and education,” concluded Mr. Miller.

Professor Stephen Parker from University of Canberra said ”one of the key objectives of the University was to develop partnerships and alliances with industry. The signing of the MOU with Master Builders is a further progressive step where by the University and the Master Builders can work together in delivering training to satisfy the needs of the industry”.

Signing the M.O.U - Mr John Miller, Executive Director of the Master Builders Association of the ACT and Stephen Parker from University of Canberra.

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Canberra Building News Edition 1 - 2011

Bink Cement Products is celebrating

50 years in the building and construction industry.

Bink Cement Products will this year celebrate 50 years of business in the Canberra and surrounding region. We believe in sustainable business practices which is why our raw materials are sourced locally and we manufacture locally. Bink Cement has the ability to supply all scale of projects from large commercial to smaller residential. We supply the building market, sand and soil yards as well as South-East NSW with our superiour products.

Specialists in • BESSER BLOCKS • SMALL & LARGE FORMAT PAVERS • STEP TREADS • CONCRETE CURBS • FENCE POSTS • CHOKA BLOCKS • COMMERCIAL PROJECTS • RESIDENTIAL PROJECTS • SMALL & LARGE JOBS

Architects requests are welcome

I Quality Service I Commercial & Residential

BINK CEMENT SPRINT

26 April Thoroughbred Park - Free Entry Come and enjoy the day, catch up with Jack and the boys and cheer on the Gungahlin Jets AFL Sprinters!

Email: binkmit@bigpond.net.au www.binkcement.com.au

40 Dacre Street, MITCHELL, ACT, 2911 Phone: (02) 6242-7033 Fax: (02) 6242-7040

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RISK ALLOCATION IN GOVERNMENT CONSTRUCTION CONTRACTS In any construction contract a proper appreciation of risk and its allocation is essential to ensure optimal outcomes both for principal and contractor alike.

pre-estimate” of the principal’s loss flowing from the delay, determined at the time the contract was entered into (ie not at the time of the delay).

A construction contract is essentially a risk management device. It sets out the obligations of the parties and the allocation of risk between them.

Without a proper understanding of how risk is allocated and managed, a contract cannot be appropriately priced.

Relevant to that assessment would be direct costs, opportunity cost and consequential loss. If the specified liquidated damages rate is “out of all proportion” to the loss which the principal is likely to incur, the provision may be regarded as a penalty and therefore unenforceable.

In this short summary we canvass key areas of risk in Government construction contracts together with some associated comments on their management.

Further, merely because a contractor has agreed or acknowledged that the specified rate is a genuine preestimate of loss does not preclude the contractor from later challenging the enforceability of the provision.

1. Scoping the work An accurate scoping of work to be performed under the contract is essential as it may impact upon time, cost and quality. Scope is conventionally captured in the design brief (if applicable), the specification and drawings. Care should always be taken to avoid the introduction of purely commercial terms and conditions into specification documentation. This may lead to inconsistency between the terms and conditions and the specification.

2. Definition of Practical Completion As part of scoping the work, it is also extremely important for a contract to incorporate a full, clear and unambiguous definition of Practical Completion.

3. Liquidated damages As a general rule, construction contracts require a contractor to pay liquidated damages where the contractor has failed to reach Practical Completion by the relevant Date for Practical Completion. Liquidated damages are included to avoid the difficulties with claiming general damages for breach of contract.

The specified rate of liquidated damages must represent a “genuine 18

4. Completing contract schedules It is also extremely important to ensure that all contract schedules are accurately completed as they form an integral part of the contract. Failure to complete these schedules may lead to the contract becoming unworkable in practice.

For example, using the expression “N/A” in completing the liquidated damages schedule can easily lead to dispute as to whether the parties intended to set the liquidated damages rate at zero or otherwise intended to exclude the regime altogether (and allow the principal to seek general damages for breach of contract).

5. Excusable delay Extension of time regimes are commonplace in most construction contracts.

As a general principle where an act or omission of the principal prevents the contractor from achieving Practical Completion by the Date for Practical Completion, the contractor has a reasonable time to complete and the liquidated damages regime will not apply.

However, where an external event occurs (independently of the parties)

and causes delay, the risk of such delay will lie with the contractor in the absence of an extension of time regime. Contractors should, as far as commercially practicable, ensure that they are appropriately protected in respect of such events.

6. Notice provisions Contractors must always be aware of the notice requirements in a contract.

Failure to strictly comply with time requirements in relation to the giving of notices may lead to loss of contractual rights. This is therefore a critical part of good contract administration.

7. Site risk Latent conditions are an ever present risk for contractors. This risk is conventionally dealt with by a specific clause which contains a definition of “latent conditions” together with certain notification requirements.

The standard definition of “latent conditions” refers to physical conditions at the site “which differ materially from the physical conditions which should reasonably have been anticipated by the contractor” at the time of tender assuming that the contractor had examined available information and inspected the site.

In considering that information the contractor is treated as a nonexpert and is not expected to detect conditions which would require the expertise of a geo-technical engineer.

In relation to time, where a clause requires the contractor to “forthwith” give notice of a latent condition this simply means without delay. That, in turn, means “as soon as reasonably practicable” or “as soon as reasonably possible in all the circumstances”.

However in all cases a contractor must take appropriate steps to ensure that they do not delay in providing the requisite notice in accordance with the strict requirements of the contract.

Contractors are familiar with the Defects Liability Period which commences on achievement of Practical Completion. Defects identified during that period are required to be rectified or made good and that obligation is usually backed by the outstanding balance of the original performance security.

Contractors should note, however, that the expiry of the Defects Liability Period does not necessarily mark the end of their liability for defects.

A defect in construction or a noncompliance with a specification is generally a breach of contract although not discoverable on a reasonable examination of the works during the Defects Liability Period.

The defect may therefore be latent.

Unless the contract expressly releases the contractor from liability for latent defects the contractor remains liable under the expiry of the relevant limitation period, which, in most cases is three years from the date of accrual of the cause of action.

Relevantly, the cause of action would be deemed to accrue when the defective work was itself carried out.

Exposure to this risk may be covered by suitable insurance but that may be costly.

9. Security of Payment legislation The Building and Construction Industry (Security of Payment) Act 2009 for the ACT came into effect on 1 July 2010. Contractors and subcontractors need to be familiar with this legislation which is intended to ensure that they receive regular

Steve McKinney

and monthly progress payments.

To gain the protection of the Act, contractors and subcontractors must, when lodging payment claims, make it clear that the claims are made under the Act. The Act provides that the person liable for payment must issue what is described as a Payment Statement within 10 Business Days (or earlier if the contract so provides) which must set out the amount which is to be paid and if less than the amount claimed, the reasons for paying the lesser amount. If the Payment Statement is not issued within the prescribed period the principal becomes liable to pay the amount claimed as a statutory debt.

Canberra Building News Edition 1 - 2011

8. Latent defects

Jeffrey Goldberger

Partner Blake Dawson Canberra

Special Counsel Blake Dawson Canberra

Steve McKinney is a corporate and commercial partner in the Canberra office of Blake Dawson. Steve has extensive experience in drafting and negotiating contract and tender documentation. He regularly provides advice on a range of contracting and procurement issues, including in relation to contractual interpretation, liquidated damages, enforceability of contracts and performance securities.

Jeff is a recognised authority on contract and construction law. He provides advice on all aspects of construction and procurement including advice on the preparation of contracts, analysis of construction and project risk, the interpretation and application of contract provisions, the application of liquidated damages provisions, strategies for the termination of contracts and the application of force majeure clauses.

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Major Building Code Changes will have severe building cost implications - Master Builders ACT is currently discussing options for transitional provisions with ACTPLA. - Disability Standards and the BCA effective from 1 May 2011 - Issues to be considered by architects developers and building certifiers - Master Builders ACT will be delivering training for members on the changes to BCA 2011 On 15 March 2010, the Australian Government launched the Disability (Access to Premises – Buildings) Standards (the Premises Standards) which will clarify accessibility requirements under the Disability Discrimination Act (DDA) and enable consistency between building law and the DDA. The Premises Standards come into operation on 1 May 2011. It is intended that the Building Code of Australia will be harmonised with the Premises Standards, effective from 1 May 2011.

dignified access to and use of buildings for people with a disability and also provide certainty to the building industry.

The Premises Standards set performance requirements and technical specifications for non-discriminatory access. The Premises Standards provide a practical and on-going means to improved building access. The Standards achieve this by requiring that all new buildings, together with modifications of existing buildings that require a building approval, meet the Standards.

The inconsistency between anti-discrimination law and building law also generated uncertainty and difficulties for people with a disability Background Since the DDA came into force in March 1993, complaints to the Australian Human Rights Commission have shown inconsistencies between the requirements of anti-discrimination law and building law in Australia. This caused difficulty for the building industry.

The DDA prohibits unlawful discrimination in the provision of access to public buildings. However, the DDA provides no design specifications to assist developers in meeting this nondiscrimination requirement. Although building regulations progressively added access requirements, there was no certainty that these provisions were, or are, sufficient to satisfy the general non-discrimination required under the DDA. Regulators and certifiers could not be sure of the minimum level of access necessary to meet both building and discrimination law requirements.

The inconsistency between anti-discrimination law and building law also generated uncertainty and difficulties for people with a disability – who considered that building law standards were inadequate and that individual complaints would not work to bring wide-ranging change to improve access.

The Premises Standards The Premises Standards incorporate changes to implement the Government’s response to the Committee’s Access All Areas report.

The purpose of the Premises Standards is to ensure greater and

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The Premises Standards will apply to all new buildings of the specified classes. Where new building work is undertaken on an existing building, such as an extension or renovation, the new or modified part of the building will be required to comply with the Premises Standards. Specific access requirements are not imposed on existing buildings outside the area of the new work, except in some cases to provide for an accessible path of travel from the principal pedestrian entrance to the new or modified part of the building.

Except in public transport buildings, the Premises Standards do not apply to any part of an existing building until work requiring building approval is undertaken. In existing public transport buildings, requirements for access are imposed by the timetable for compliance set out in subsection 3.1(3) of the Premises Standards.

This timetable preserves the access upgrade schedule set out in the Disability Standards for Accessible Public Transport 2002 (Transport Standards).

The Disability Standards for Access to Premises and related documentation is available at: http://www.ag.gov.au/.

An expanded explanation and some frequently asked questions will be sent to members in the next Onsite Insight. An electronic copy will be sent via a member alert or please go to: www.mba.org.au/publications/onsiteinsight

Jerry Howard - Deputy Executive Director, Master Builders Association, ACT. For more information contact: jhoward@mba.org.au

Proposal for Boosting Training Effort in Civil Construction Industry During 2010, senior staff of the new Land and Property Services Department approached the ACT Civil Contractors Federation (ACT) to voice their concern about the apparent low level of formal training being given to apprentice plant operators. They were concerned about the future capacity of our industry to service the needs of the community.

Background The age profile of skilled plant operators and foremen within the civil construction industry points to a current and future worsening shortage of skills that are critical to the provision of basic public infrastructure works.

Effective training in the civil sector is almost entirely an on-thejob process with minimum classroom time.

The need for an apprentice plant operator to occupy long hours on a piece of equipment that may cost anywhere from $150,000 to $1,000,000 contrasts significantly with the equipment needed by an apprentice carpenter.

Companies must have the capacity to train and must want to train new people to the industry for there to be good training outcomes.

The ACT Government currently pays for or subsidises training in many forms throughout the commercial and residential building industries through its expenditure in the TAFE education system.

Training Boost Proposal Following extensive discussions with a range of ACT Government agencies the Civil Contractors Federation (ACT) have been asked to make a direct application to the ACT Training Fund Authority to fund a pilot scheme to provide an additional hourly payment to assist with the costs of training young plant operators.

The first six months of a training program for an apprentice plant operator typically involves labouring behind machines and learning by observation of the experienced operators. No additional subsidy is required.

In accordance with the typical three year training program the subsidy is requested for the second six months of first year and the whole of the second year of the training program when apprentice operators are learning and performing at less than optimal productivity. No additional subsidy would be paid for in the third year of the apprenticeship.

Canberra Building News Edition 1 - 2011

ACT Civil Contractors Federation

The payments are limited to a maximum 800hrs of training for the first six months and 1,600 hrs for the second year.

The proposal provides a subsidy to those employers who go to the expense of training to the benefit of the whole industry while giving budgeting certainty to the Training Fund Authority. It is hoped that the scheme could commence by funding five places and build to a point where 10 new apprentices are completing the programme on a rolling basis each year.

Development of a Training Course in Load Slinging Civil Contractors regularly use earthmoving equipment for load slinging such as placement of concrete pipes and other precast elements. There was no specific training course available that provided the appropriate competency for a person to obtain the necessary skills to direct the operator when undertaking the above tasks. The Master Builders Association in conjunction with our civil contractor members have been consulting with ACT WorkSafety in the development of a specific course with practical and theoretical elements to provide the person with the necessary skills to competently and safely perform these tasks. It is likely that this will be a one-day course and hopefully we will be in a position to offer this specific training course to the civil contractor members and other operators who undertake similar works. We will advise our members when the course development has been finalised and the likely dates for the delivery of such training.

The proposal is to provide a subsidy for the training of plant operators who are undertaking a Certificate III in Civil Construction Plant Operators Apprenticeship and who are employed by a registered Group Apprenticeship Scheme that includes independent pastoral care and monitoring of performance is guaranteed.

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AUSTRALIA WIDE CONSUMER LAWS COMMENCED 1 JANUARY 2011 RICHARD CALVER, LEGAL COUNSEL MASTER BUILDERS AUSTRALIA LTD

A fundamental change to Australia’s consumer laws was introduced on 1 January 2011. A national uniform set of laws for consumer protection and safety has been introduced, the Australian Consumer Law (ACL). This article touches on some of the impacts on the building and construction industry.

From the start of 2011, the Trade Practices Act has been renamed the Competition and Consumer Act 2010 (CC Act).

The ACL is a schedule to the CC Act and has been adopted through application legislation to apply in each State and Territory. Some aspects of the ACL commenced prior to 1 January 2011, for example the national unfair contract terms law covering standard form contracts which commenced on 1 July 2010. These new laws permit examination of the substance of terms in standard form consumer contracts to determine whether they are unfair. A term found to be unfair will be void, while the contract itself continues to operate to the extent that it can without the unfair term. The ACL acts as an overlay to the current domestic building contract laws, which the Commonwealth and State and Territory Governments have announced will be reviewed and replaced with harmonised legislation in the future.

The second major platform of the ACL is the new statutory consumer guarantees which replace the statutory warranties that were in the Trade Practices Act and State fair trading laws. These consumer guarantees apply when consumers buy goods and services from suppliers, manufacturers and importers, and would include goods and services provided by builders. The new guarantees exist in addition to any other warranties provided by a builder in the course of their work or in the supply of goods. Builders will generally be treated as suppliers because they sell goods or services to a consumer.

Suppliers under the new laws must guarantee that goods are of: • acceptable quality (safe, durable and free from defects, acceptable in appearance and finish and do all the things that the goods are ordinarily used for) • are fit for any disclosed purpose; and • match their description or a sample.

A supplier also guarantees that a consumer is buying goods: • that have clear title, unless otherwise stated; • do not have undisclosed securities; and • with the right of undisturbed possession.

The consumer guarantees also require that suppliers must abide by any express warranty they make about goods. There are also three guarantees in relation to the supply of services which are also relevant to builders. These are that services must be carried out with care and skill, must be fit for any disclosed purpose and, where a contract does not specify 22

a timeframe for the services, must be carried out within a ‘reasonable’ time.

In the context of the application of the new guarantees, the term “consumer” is widely defined. Consumer guarantees apply to goods and services bought on or after 1 January 2011 by a consumer from a supplier or manufacturer in the course of trade. They apply to any type of goods or services costing up to $40,000 and hence cover business transactions involving goods or services under that threshold (except where the goods are purchased to be resold or transformed into a product that is sold). They also apply to goods or services costing more than $40,000 which are normally used for personal, domestic or household purposes. This could catch builders unaware because that definition means a consumer will often not be a householder but could be someone to whom, say, in a commercial situation, a builder has supplied $50,000 worth of carpet; this is because the courts have said that carpet is a product always of a kind that is used for personal, domestic or household purposes. Many other building products will be similarly defined.

A third area to be aware of is where builders deal with consumers on the basis of unsolicited contracts, in other words by door-to-door sales, via telephone sales or through other forms of direct marketing. In particular a consumer is entitled to invoke a 10 day cooling off period where they have signed a contract which is the result of an unsolicited sale.

The ACL introduces new national enforcement powers, penalties and remedies. The enforcement of these laws will be undertaken by the Australian Competition and Consumer Commission and the Offices of Fair Trading in each State and Territory. There are a large number of remedies – some new and some existing in the prior Trade Practices Act and other legislation - available to the regulators including accepting a court enforceable undertaking, the issue of a public warning notice to inform the public about detrimental conduct, an infringement notice for alleged breaches of the new law, penalties and redress for consumers by injunctions, damages or compensation orders. Consumers may also take action in their own right.

Obviously the new laws are complex and have a far greater effect than mentioned in this article. The ACCC, ASIC and state and territory consumer protection agencies have developed guidance materials to explain various aspects of the ACL. These publications are available at: www.consumerlaw.gov.au/content/Content.aspx?doc=home. htm The ACCC has also developed an online module that explains the consumer guarantees regime. That product is available at: www.accc.gov.au/consumerguarantees . The ACCC Small Business Helpline (1300 302 021) can also provide general guidance about the new law, but cannot give legal advice.

The Master Builders Australia website also contains a paper

by Professor JL Davis on aspects of the ACL: http://www.masterbuilders.com.au/

NOVAS ARCHITECTURAL OPENS DOORS IN ACT...

Novas Architectural proudly announce the official opening of our new showroom at Unit 1, 10 Maryborough Street Fyshwick on 5th May, 2011.

Novas Architectural is proudly Australian owned, established in 1996 and have been operating in the ACT for over ten years working with leading architects to provide uncompromised quality and excellence to iconic projects such as the award winning National Portrait Gallery, Canberra Airport, Telstra, CSIRO, and of course, the MBA building in Fyshwick.

Innovation and Design Novas Architectural has an enviable reputation in challenging the boundaries in design of architectural and glass fittings. We will be showcasing innovative applications in sliding and swing applications with working models. We are also privileged to work alongside other premium brands which are also on working display.

Signature Series Novas Architectural are a leader in signature design and manufacturing. Novas Signature Design allows you complete creative freedom, whatever your vision.

We will work with you from concept, design and production to provide you with a signature stamp on your next project.

Comprehensive Range We will be pleased to discuss our comprehensive range of products including door furniture, entrance handles, glass fittings, bathroom accessories, mortice locks, door controls, panic exit devices, sliding door track and so much more.

Novas Architectural are corporate partners of GEZE and Exidor, world leaders in door operating solutions. GEZE and Exidor provide you with premium options specialising in hospital, education, government and hospitality applications.

Signature Levers 31, 35, 37 and 68

Quality Standards Novas Architectural continually test their products to meet or exceed Australian and International standards and all accreditation and certification documents are on view to complete our specialist offer, which includes comprehensive door scheduling service. Our manager, John Stackpoole is well known and has a reputation for providing the utmost in service provision and attention to detail in scheduling, he will be only too pleased to assist you with your requirements for projects.

Environmentally Responsible Here at Novas Architectural, we are proud of our commitment to the environment. Novas Architectural reduce, recycle, and restrain from excessive waste of resources and energy consumption in the manufacturing, distribution and marketing of all our premium products. Our products are produced using premium stainless steel and are not plated; therefore no waste material or carcinogens are produced in the development process.

Regional Commitment We are committed to the Canberra, Riverina, South Coast and Cooma area and our specialist showroom reinforces this. Novas Architectural doors are always open to provide Architects, Builders, Developers and Government Departments with a state of the art showroom and service. WE look forward to our future growth.

For further information about Novas products and services contact: +61 2 6280 0812 or visit us online at wwww.novas.com.au Novas Architectural, Unit 1-10 Maryborough St. Fyshwick ACT 2609

Matrix National Group comprises the following 5 business divisions:

This month Matrix National Group launches its new look and expansion of services as it readies itself for yet another busy year of industry demand.

Matrix National Group is an award winning national consultancy firm who provide a diverse range of professional services to the construction industry nationally with clients in Australian Capital Territory, New South Wales, Victoria, South Australia, Western Australia, Northern Territory and Queensland.

Originally commencing business as Matrix Compliance Management in 2005, the company has diversified to allow greater flexibility with services and costs in order to meet client’s needs and budget.

Matrix National Group Managing Director Darren Sterzenbach told CBN that a contractor with an effective safety culture has a competitive edge in the industry.

“Whether or not the contractor needs a consultant is really a question for the contractor. Many of our clients have their own internal capability and use Matrix for 3rd party reviewing and site compliance support.” Darren also said that while many contractors had an in-house safety officer, there were advantages to using consultants.

“If you are an expert working in a safety field, for example Matrix National Group, you are going to be up to date with the latest trends and methodologies,” he said. “As a consultant, you are also going to remain up to date because it is your core business. Whereas if you are running a construction site, safety is just one aspect – we would like to think the contractor focuses on safety, but the reality is the company focuses on building the project and a whole lot of other concerns in addition to safety.”

“Construction and contracting environments get pretty busy and sometimes it helps to have that extra resource that can come in and look from outside, spot the problems and find a solution.”

Outsourcing provides the means for your corporation to accomplish the work economically. With Matrix, you can be certain of compliance, while providing administrative support to your people in charge. They have an organised and practical approach to contractor safety and compliance.

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Matrix Compliance Management (MCM) is able to provide clients with Site Compliance and System Implementation support on an as needs basis or fixed rate and time service agreement arrangement. We can be made available at an hourly, weekly or monthly rate under a contract basis or on demand providing flexibility, work flow and price competitiveness.

Each inspection is accompanied by a report detailing any issues identified during the inspection and providing a list of potential improvements/suggestions to rectify the issue.

Other site compliance services include carrying out inductions, SWMS reviews, site safety walks/inspections, toolbox talks, plant, chemical and various other risk assessments.

MCM services also included monitoring visits performed as per our Company Management System including follow up reports, actions, improvements and so on. “Many of our clients engage MCM to assist their site prepare for an impending audit. We have extensive experience within this area with a competent team of site compliance officers ready to assist as required” commented Barry Parsons, National Compliance Manager.

Matrix Compliance Management NT has been successfully operating in the Northern Territory for 5 years. This division is headed by Leanne Sterzenbach and John Schofield and provides all of the products and services of the Matrix National Group.

Matrix Systems was established to assist companies in meeting their statutory and legal obligations with particular regard to OHS, Quality and Environmental Management Systems and Implementation.

We have a range of pre-prepared documents including Management Systems, Site Safety/Project Management Plans, Safe Work Method Statements (SWMS’s), Standard Operating Procedures (SOP’s), Inspection Test Plans (ITP’s), Environmental Control Plans (ECP’s), pre-start inspections and various other documents at our disposal.

The products listed below can be customised to suit your requirements and any compliance specifications for your next contract.

The National Standard for Construction Work section 7.30 states that: “A person with control of a construction project where five or more persons are working, or likely to be working simultaneously on a construction site, must ensure that a site specific occupational health and safety management plan is prepared before the work commences.

The plan must be monitored and kept up to date during the course of the work”.

Matrix Systems can design site specific safety plans that meet a range of client needs from small subcontractor, minor works to large commercial project requirements. Our plans are practical and easy to implement on site to ensure statutory requirements are consistently met.

Integrated Management Systems Of course, the most suitable and preferred method of implementing a management system is by integrating the various disciplines into one simple, easy method of control and monitoring. This can be achieved through an integrated management system “which many of our clients have adopted and successfully implemented” reports Leanne Sterzenbach, National Systems Manager.

SWMS Development and Review It can become difficult for subcontractors to meet compliance with SWMS considering the variance between principal contractor requirements. Matrix Systems SWMS are developed to ensure you achieve compliance the first time or subsequent revisions are free.

Matrix Training Solutions offers nationally recognised courses from Certificate III and IV through to Advanced Diploma in Occupational Health and Safety, Internal Auditing, OHS Supervisor Management, Hazard Identification, Risk Assessment and Control (HIRAC), Consultation and System Implementation. Matrix Training Solutions can also tailor training packages to individual company requirements including site induction and SWMS induction.

National Auditing Services (NAS) consultants can be engaged to audit your companies OHS, Environmental or Quality Management Systems, policies, procedures and performance. Certification Audits are based on AS/NZS 4801 Occupational Health and Safety Management Systems, ISO 9001:2008 Quality Management Systems and ISO 14001:2004 Environmental Management Systems.

In addition to certification audits, NAS can provide 2nd and 3rd party audits, Gap Analysis, Document reviews, internal audits, FSC audit preparation and support and a range of reporting products. Our auditors are accredited auditors for the Civil Construction Federation (CCF).

Matrix National Group look forward to building a strong and ongoing working relationship with your organisation based on trust, integrity and professionalism.

“ Safety is not just our business – it’s everyone’s business ”

NT

AWARDS

Canberra Building News Edition 1 - 2011

OHS / Environmental / Quality Management Systems A Management System is the basic requirement of almost any contract. Matrix Systems products are designed to meet compliance with Australian Standards, relevant Codes of Practice, Industry Best Practice and Customer specifications to ensure clients meet the contract specifications.

Winner 2010 MBA Award for ‘Excellence in OHS Management Systems’ Winner 2010 MBA Award for ‘Excellence in OHS Management System for Civil’ Winner 2009 MBA Award for ‘Excellence in OHS Management System for Specialist Contractor’ Winner 2009 MBA Award for ‘Excellence in OHS Management System for Residential Builder’ Winner 2009 MBA Award for ‘Excellence in OHS Management System for Commercial Builder’

Winner ‘Best Workplace Health & Safety Management System’ Safe Work ACT Awards 2008 Finalist ‘National Work Safe Australia’ Awards – ‘Best Workplace Health & Safety System’ 2008

TESTIMONIALS Chase Group Mr. Andrew Jolley - Managing Director MNG developed Chase integrated management system and assisted them achieving FSC Accreditation. MNG continues to manage the system and provide ongoing site compliance to ensure a robust system remains in place. Recently won 2010 Award for best OHS (IMS) System at the ACT MBA Awards.

Blackett Homes David Howarth – Managing Director Matrix have provided excellent service and advice which encompasses staff training, maintenance of our system, site audits and preparing SWMS for our sub contractors and suppliers. With their help we have had no major incidents Woden Contractors Mr. Peter Middleton – Managing Director MNG developed Woden Contractors systems and continue to manage a very large civil site in Canberra. MNG provide site personnel on a permanent basis and work with both the client, it’s client, and the sub contractors to ensure a robust system is in place and functioning well. Recently these efforts and high standard of commitment both on paper and on site were recognized as the 2010 winner of Best OHS Management System on a Civil site.

To learn more about how Matrix can work with your business phone (02) 62397322 or email enquiries to safety@matrixcompliance.com.au

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Mention this article to receive 10% off any new product or service ordered during the month of April.

Matrix National Group Ph: (02) 6239 7322 I Fax: (02) 6239 7422 Email: darren@matrixnational.com.au Matrix Systems: leanne@matrixsystems.com.au Matrix Compliance: barry@matrixcompliance.com.au Matrix training: john@matrixtraining.com.au and National Auditing: darren@audits.net.au

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The two Hawke Reviews – big changes likely in ACT planning and land development.

The Federal Government has called in former senior public servant Dr Allan Hawke to review the future of the National Capital Authority, which could see a major rationalisation of planning responsibilities between the NCA (or its successor) and the ACT. The Review, to report to the Federal Government by June, follows close on the heels of a major review of the structure and organisation of the ACT public service by Dr Hawke which has recommended sweeping changes to land development and planning arrangements in the ACT – to which the ACT Chief Minister has given an initial positive response.

Dr Hawke, a former Defence Department head, has built a formidable reputation in recent years for conducting a number of ‘can-do’ reviews for the Federal, ACT and state governments, which have focused on practical solutions to ‘getting the job done.’

NCA REVIEW The NCA review, for which terms of reference are yet to be announced, is designed to break the impasse over the appropriate planning role for the NCA, which has been in a state of limbo with the Federal and ACT Governments unable to resolve the issue since a Federal Parliamentary Inquiry in 2008. The Authority’s activities in non-planning areas have been severely curtailed and cuts in funds led to a qualified audit report questioning its ability to continue.

Dr Hawke’s ACT public service review examined the impact of the NCA on ACT planning and land development activities and recommended a major restructure and rationalisation of land and planning operations, including the transfer of nonplanning land and development activities from ACTPLA to a new, centralised ACT Government agency which will also take over the activities of the Land Development Agency, which it says should be abolished.

The Minister for Regional Australia, Regional Development and Local Government, Simon Crean, who is the Federal Minister responsible for the ACT, said the NCA review would “make recommendations on the future role and responsibilities of the National Capital Authority for consideration by the Australian Government.”

Dr Hawke said he would look at how the NCA performs its role in promoting Canberra, planning in the ACT, and preserving the national estate. “There’s been a huge number of inquiries and reviews that have been conducted into the NCA over quite a substantial period of time, and my

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National Capital Authority

job is to bring all that together into a report that the Commonwealth Government and the ACT Government can act on,” he said. He would need to consider whether the NCA was necessary.

ACT REVIEW In his ACT Review, Dr Hawke recommended a fundamental restructuring of the ACT public service combining the current Chief Minister’s Department and Department of Treasury in a “deliberately powerful centre to the ACT (Public Service), along with the Economic Development Directorate – the head of which would be called CoordinatorGeneral and continue that function which was so successful in delivering economic stimulus measures in 2009-10 – responsible for the land release program, business and industry support, tourism, and skills and workforce development in the broader ACT economy.”

The review said the new structure would better reflect the city-state nature of the ACT and allow greater coordination between the many areas of the bureaucracy.

Chief Minister Jon Stanhope said the Government “accepted the wisdom of the report in its totality and would immediately establish a high-level implementation taskforce within the ACT Public Service to work through each of the specific recommendations, advise on necessary legislative changes, timing and funding implications.”

ACTPLA will become part of a new Sustainable Development Directorate comprising the Department of the Environment, Climate Change, Energy and Water, ACTPLA, and fragmented functions in the land and planning sphere including the Government Architect, the Heritage Unit, and responsibility for transport planning.

Building industry occupational licensing will be transferred from ACTPLA to the Office of Regulatory Services.

The Review said, “Concerns about fragmentation of responsibility for issues related to land release, land use and transport, planning, and development approval processes formed the largest area of focus for the Review in terms of structures.

“The overriding concern was a need for greater cohesion of approach, alignment of effort, and consistency in decision making. There was a view that the ACTPS needed to focus on consistently delivering government policies and priorities in this sphere, and should actively assist project proponents to comply with requirements. In this context, there was significant praise of the role played by the CoordinatorGeneral around which the ACT Stimulus Package Taskforce

circumstances where developers were engaged in joint ventures with the LDA and still encountered resistance from other elements of the ACTPS.”

LAND, PLANNING AND DEVELOPMENT

It said that while there is a role for an independent planning authority acting at arms length from political and other influences, planning processes and procedures need to more effectively reflect the intent of Government policies. Referring to the Government’s relationship with ACTPLA it says, “While it will, and should, take advice from its officials including the statutory planning agency on these matters, the policy setting power ultimately rests with the Government. Such policy decisions should not, by definition, be made at arm’s length by an independent decision maker.”

The Review said it was entirely appropriate for the Government to sell land, to develop land itself and/or to enter into joint ventures, but “the separate LDA commercial structure is no longer warranted. The LDA should be abolished and its functions and staff absorbed into the Economic Development Directorate.”

Reviewing the ACT’s land, planning, approvals and development processes, it said, “The inevitable outcomes of the administrative fragmentation of the planning and land development system is that time, cost and quality of development suffer. Although some division of responsibility is inevitable, and desirable, the evidence of the difficulties encountered in dealing with the crisis in housing affordability suggests there is a pressing need to move towards a greater level of functional integration.

“The greatest frustrations expressed to the Review related to experiences where developers become caught in disagreements between elements of the ACTPS. While those elements each have a legitimate role to play, they must play those roles in a coordinated, consistent and coherent way that accords with expressed government policies and priorities. Particularly harsh criticism was reserved for

Canberra Building News Edition 1 - 2011

was organised in 2009.” The review says this role should become permanent with overall responsibility for land and development.

College of Building The College of Building is an independent not-for-profit education and training organisation, owned by the key professional bodies in the building and construction industry.

The College of Building will influence and directly participate in the education, training, graduate and continuing professional development, senior executive, specialist, leadership development of building professionals and other knowledge services.

The Vision of the College of Building is to be - A leading institution for the delivery of education, training and other knowledge services to raise the professional standards of construction and built environment disciplines.

The mission of the College of Building is - The promotion of standards and opportunities in the delivery of professional development, education and training of practitioners, managers and leaders of construction and built environment disciplines.v The immediate focus of the College will be to directly, or in partnerships with approved higher education providers, deliver: • VET, higher education and specialist courses to regional and under-serviced areas using innovative learning technologies • Graduate development programs in collaboration with industry partners

The first of these partnerships has been finalised with the appointment of Holmesglen in Victoria. This partnership will provide the College of Building with an immediate range of higher education programs and short courses to deliver with an online capability that will enable these courses to be delivered with the maximum level of flexibility. This flexibility will meet the needs of a wide range of building practitioners who don’t have access to higher education programs or who because of work circumstances cannot easily manage the current teaching schedule enforced by some higher education providers and prefer self paced learning at their own time.

With the assistance of the Building Commission of Victoria, the first upgrade programs are being marketed to address the shortage of Building Surveyors in Victoria.

Discussions with other potential provider partners is on going.

For more information please contact the College’s Executive Director Robert Hunt at: Robert.hunt@collegeofbuilding.com.au or visit www.collegeofbuilding.com.au for application forms.

• Senior Executive and leadership programs • Industry workshops and conferences 27

Update NationalUpdate Master Builders intervenes in CFMEU appeal against interim order to stop unprotected industrial action Master Builders has intervened in an appeal by the CFMEU which tests Fair Work Australia’s ability to stop unprotected industrial action on an interim basis (C2010/766). Under the Fair Work Act, if Fair Work Australia cannot decide whether industrial action is ‘unprotected’ within two days, it must to make an ‘interim order’ to stop the disputed industrial action, until the application can be properly heard. The absence of procedural fairness, such as the right to be heard and fair notice. Master Builders has made a comprehensive submission to Fair Work Australia advocating a robust interpretation of its powers to stop costly and damaging industrial action which is unprotected – i.e. taken outside of the bargaining context. A Full Bench of Fair Work Australia agreed to decide the matter ‘on the papers’, after the parties indicated that they did not consider that a hearing would be necessary. The Full Bench is unlikely to provide a judgment for at least two to three months.

OHS Committee meets to consider Model WHS Regulations and Codes Master Builders OHS Committee met on 16-17 February 2011 in Melbourne to consider the Model Work Health and Safety Regulations and Codes of Practice and to develop Master Builders’ submission to Safe Work Australia. As well as many minor and technical changes that are needed to make the regulations workable, the Committee identified a number of overarching concerns: • Many of the regulations appear to impose absolute duties because they are not subject to the qualifier “so far as is reasonably practicable”.

• There is lack of clarity for duty holders in complex workplaces (such as construction) where there are multiple and overlapping duty holders. Master Builders has sought the inclusion of the notion of “control” to give duty holders certainty.

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• Health and safety representatives have the power to seek review of risk controls, which is potentially open to abuse for industrial purposes.

• Mandating certain Australian Standards in the Model Regulations. This is contrary to Master Builders’ policy.

Obligations imposed by legislation should be able to be understood without reference to documents which must be purchased at considerable cost to duty holders.

These issues will be addressed in a comprehensive submission to Safe Work Australia.

The OHS Harmonisation Juggernaught Continues The release of the Model Regulations and a dozen Codes of Practice is far from the end of the harmonisation process.

Many other codes of practice are currently being developed including a number which are specific to the construction industry, such as traffic management, tilt-up, excavation, demolition and falls from height (general and housing construction). Master Builders is actively engaged in commenting on these codes as they are developed. Most recently Master Builders has provided comment to Safe Work Australia, through ACCI which is a member, on a draft code of practice on first aid. Master Builders has significant concerns with this draft code – it is highly prescriptive and if unaltered would likely result in significant cost increases for industry.

Master Builders understands that the additional codes of practice will be released for public comment throughout 2011.

Signs of a Two Speed Construction Industry Building and construction work done rose modestly in the December quarter, masking a growing divide between building and mining-related engineering construction.

The latest figures show a struggling non-residential building sector, confirming evidence from recent Master Builders’ surveys suggesting that builders face difficulties compensating for the effects of the winding down of stimulus spending programs. Both residential and non-residential building remain below par, although the pipeline of work to be done in the residential sector is more promising than in the non-residential sector, where work yet to be done and work approved but not commenced fell again in the December quarter to be down by nearly one quarter on a year ago.

Residential building, after promising so much, runs the risk

A big rise in engineering construction activity in the quarter may simply be a precursor to a further acceleration as the construction sector benefits from the huge pipeline of resources-related work yet to be done. For the building and construction industry overall, a sectoral divide is opening up, with strong engineering construction fed by the mining boom contrasting with weak building activity.

In contrast to the positive outlook for engineering construction, the residential building upswing faces challenges and non-residential building needs to find private sector growth drivers to replace government programs.

Wage Inflation Accelerates as Labour Market Tightens The upswing in employment growth and the steady decline in the unemployment rate has led to an acceleration in annual wage inflation. The seasonally adjusted December quarter wage price index recorded wages growth of 1.0 per cent, with the annual rate 3.9 per cent, up a full percentage point from the recent low of 2.9 per cent seen in the December quarter of 2009.

Resource intensive states Queensland, 4.2 per cent, and Western Australia, 4.0 per cent, led growth in wages with buoyant conditions in the mining sector both directly and indirectly feeding demand for labour and putting upward pressure on rates of pay. Wages growth lagged in Tasmania, 3.3 per cent.

Critical Skills Investment Fund Guidelines Released

Canberra Building News Edition 1 - 2011

of remaining weak as Reserve Bank rate rises and finance constraints continue to act as a handbrake on the upturn.

The Government has released the final guidelines for its $200 million Critical Skills Investment Fund (CSIF). The CSIF is targeted at employers in key industries such as construction and aims to deliver 39,000 training places over the next four years for existing workers and job seekers. The funding model is based on enterprise-level workforce development, requiring the preparation of project and enterprise workforce plans in order to access funding. It is expected that applications for Round 1 of the CSIF will open in March.

457 Visa Commentary Misinformed Master Builders has written the the Employment Minister and the Immigration Minister to address widespread but misinformed media commentary on the misuse of 457 Visas in the building and construction industry. In reality in 2009-10 there were only 2,230 Class 457 Visas granted across a range of 32 construction-related occupations. This represents 0.2 of a per cent of the construction workforce of over a million people. Over two thirds of these 457 positions were professional roles such as engineers and project managers rather than tradespeople. The 457 Visa regime includes a range of safeguards, such as training benchmarks and minimum salary requirements, that make it unlikely employers will use migrant labour when there are Australian workers willing and able to fill the position. Master Builders is unaware of evidence other than hearsay that there is any widespread or systemic abuse of these arrangements.

Industry level data shows the mining and utilities sectors of the economy recording the strongest wages growth in yearend terms. The electricity, gas and water industry saw growth in wages of 4.7 per cent over the year to the December quarter, with the mining industry and professional services classifications not far behind at 4.6 per cent. Almost all industries saw an acceleration in year-end wage inflation over the past year with the exceptions being transport and the health care sectors. Construction wage price index increased by 0.9 per cent in the quarter and by 4.0 per cent through the year.

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WHAT: Excellence in Building Awards WHEN: 24 June, 2011 WHERE: National Convention Centre

2011 The Master Builders & Boral

Excellence in Building Awards Showcasing the best in building and construction,

The Master Builders & Boral Excellence in Building Awards are largely regarded as the premier awards and networking event for the building and construction industry throughout Canberra and the surrounding region.

Clockwise from Top Left: Better Building Services, Dowse Norwood, Sugar Designs - Display over $300K. / ISIS - Commercial fit out $1 - $5m. / Brother Projects & MMM Interiors Bathroom more than $25k. / PBS Building - Apartments & Units. / Contemporary Landscaping - Residential landscaping. / Hindmarsh - Apartments & Units. / Doma Constructions - Commercial Building more than $20m.

The Master Builders & Boral Excellence in Building Awards is undoubtedly the night of nights for the building and construction industry throughout Canberra and the surrounding region. The evening serves to showcase and promote the truly exceptional work being undertaken by Canberra’s top builders and associated professionals, as well as providing an ideal setting for networking and catching up with industry colleagues.

This year the awards will take place on Friday 24 June at the National Convention Centre Canberra and are set to be another wonderful evening of fine dining and great entertainment. The excitement is in the entries, however, and this year we have enjoyed a great response with remarkable projects being put forward in all categories.

Canberra

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2010/2011 has seen the completion of many outstanding works of construction in each sector of the industry, with Apartments & Units being a particularly impressive category in this year’s awards.

With Canberra set to become an increasingly urban environment, the construction of high-quality apartments and units is of great significance and, in the setting of Excellence in Building Awards, makes for some very close competition.

Canberra Building News Edition 1 - 2011

in the ACT and surrounding region.

Thoughts from a former Master Builders Awards Judge.

As judging for the 2011 Master Builders & Boral Excellence in Building Awards is soon to commence, to assist this year’s entrants, I would like to briefly share some thoughts from a ‘Residential Building’ judge’s perspective.

I have looked around dinner tables at the award nights and have seen the look of disappointment or confusion on some builders faces as an award is presented to another finalist. The unfortunate truth is that there can’t be more than one winner in a category. It may be of little comfort to non winning finalist but from a judge’s perspective it is very pleasing to report that the quality and finishes of all finalists is of high standard and only one or two minor factors are what set the winning house apart from another in a category.

One of the changes to judging process in 2011 is the judges will be allocated another 15 minutes to the inspection time (giving 45 minutes in total) in a

number of the residential categories.

This is to ensure that with the larger projects the judges have enough time to inspect the project area. This change will apply to Custom Built Homes $600,000 $1,000,000 and over $1,000,000, as well as Dual Occupancies, Townhouses and Villas.

I have recently fielded some questions from entrants in relation to the possibility of winning on the basis of submitting a high level submission with their entry. A judge may inspect up to 12 entries in a day and one category may take a number of days to complete, at the end of judging process the judges compare their notes from the site inspection and revisit the submissions to arrive at an outcome. Whilst the effort some entrants go to with the presentation of their submissions is appreciated, winners are awarded on their excellence in building not the presentation of their submission.

What is greatly appreciated by and useful to the judges is the time builders take to answer the judges’ questions relating to building design, sustainability, difficulty in construction and how a project is promoted by the builder at the time of the site inspection.

A common question asked by the judges will relate to the cost of the project. The reason for the question is to assist in the comparison of inclusions and finishes of the entries at both ends of the price scale of the category.

As the heading of this article suggests and unfortunately for me I am no longer participating in the awards as a judge due to my employment at the Master Builders. I wish all entrants good luck with their entries this year and hope the points above will be of some assistance.

Jason Grieves - Technical Services Manager, Master Builders Association, ACT

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Find out how Leader Security has replaced security guards with virtual video alarms, K9 response teams and DNA marker technology to stop construction theft and slash annual security bills in half……

Virtual Security and DNA Marking are two of the cutting edge technical solutions that Leader Security have implemented to tackle the rising number of thefts from construction sites.

Theft is an ongoing battle and major cause of concern for all construction managers. These concerns are certainly warranted especially in light of the ever increasing number of thefts from sites across Australia. What needs to be considered is the aftermath and cost of poor security doesn’t just stop at damage to property. Think about the hidden damages like damage to your company’s reputation? Failure to deliver a project on time or the failure to mitigate the risks can be costly. Time is money and we all have limited time.

Leader Security understands the risks and has the solution.

Leader Security has developed a revolutionary new approach that provides more security for less money.

“

The reality is safeguarding your construction site can be a major expense with no return.

It’s unfortunate, but security has become a necessary evil. Whilst we can’t remove the need for security, Leader Security can reduce the stress and costs involved.

”

What is Virtual Security?

Virtual Security is the remote electronic monitoring and surveillance of your site by Leader Security. To do that Leader utilise the latest in video alarm technology, however Virtual Security is not just about electronic security surveillance. The key element in the whole process is the response. From experience when intruders are detected on site security guards are typically dealing with multiple offenders.

A traditional patrol response by a security guard equipped with a torch is useless, Virtual Security responds rapidly utilising their highly trained Man & Dog teams, and response is typically within minutes because Leader Security have dedicated response vehicles as opposed to patrolmen who are generally tied up elsewhere.

The Man & Dog Teams access sites via predetermined access points to greater enhance the likelihood of an arrest.

Most of the time the offenders don’t even realise they have activated a silent alarm until they are apprehended. By this time Leader Security have for the Police:

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sufficient. Virtual Security doesn’t need a phone line to communicate, nor does it need power. Self-contained lithium batteries last up to two years without the need for replacing. Communication of all video alarm signals are sent via the Suretek Private GSM Data Network thanks to a built in onboard modem. Built in infrared illuminators mean the cameras can see in total darkness, so no hiding.

Wireless technology means no wires and total flexibility to move the system around your site and provide maximum security as it evolves. It also means it can easily be moved from site to site as one project finishes and a new one commences.

The Virtual Security Advantage - Can be in more than one place at a time.

- Doesn’t go to sleep.

- Sees in total darkness.

- Remains on watch rain hail or shine.

- Is always on time and won’t leave early.

- Collects video evidence in the event of incident.

- Is cost effective.

- Is reliable.

- Doesn’t hurt itself on site.

- Gets results, at time of print 169 arrests and counting!

- Best of all Police will also respond to video verified alarm activations. Virtual Security is smarter, more cost effective and provides greater protection to stakeholders.

Leader Security Also Use DNA Marker Technology Leader Security can also incorporate the use of DNA Marker Technology, a first in the ACT. The marking systems also leave a DNA footprint on thieves who come in contact with the property which is irremovable and detectable for 2 months after contact. DNA marking of copper, white goods, hot water units, basically anything of value. DNA marking is a permanent forensic link to you and your site rendering the ‘HOT’ items of little to no value in the marketplace, items that aren’t worth anything are rarely taken.

By replacing people with technology and utilizing resources properly Leader Security are able to save their clients substantial amounts of money. You no longer need to pay a security guard to sit there for hours on end waiting for an incident to arise.

Whilst these solutions may sound expensive, it’s quite the opposite, comparing costs to engaging a security guard to watch your site 12hrs a night, Leader Security’s costs are usually half that.

• The offender • The video evidence • Best of all - RESULTS

Leader Security is Canberra’s only specialist security provider to the construction industry. The management team holds a wealth of knowledge and experience, having provided security solutions for a number of years.

Virtual Security utilise the latest in wireless video alarm technology direct from France, military grade IP65 rated outdoor infrared cameras, completely wireless and self-

Leader Security are based in the ACT and can be contacted on 1300 312 227 or by visiting: www.virtualsecurity.com.au

The Master Builders Foundation, Master Builders QLD fundraising and community support arm, recently donated five self-contained water pressure units valued at $50,000 to assist the State Emergency Services (SES) with the flood clean-up.

Master Builders Foundation Chairperson, Michel Mouglalis said the Foundation’s mission is to provide support to Queensland-based people, projects and programs.

“The Foundation, which is funded via voluntary donations from Master Builders members, has a strong focus on issues that align with the building and construction industry, and also issues that affect our members and their families and communities,” he said.

Canberra Building News Edition 1 - 2011

Photo courtesy of Ipswich City Council

The Master Builders Foundation Donate to assist Ingham SES with the clean-up after natural disasters.

QLD

“We deployed a number of mobile Building Advice Units that were placed in locations across Brisbane and Ipswich and hundreds of affected people have come along to access the information.

Master Builders has also created a Flood Repair Register, which is a list of Master Builders members who are registered and are available to perform repair work in the coming months.”

Master Builders has a long charitable history, being involved in numerous activities over the last ten years including charity events for the Royal Children’s Hospital, the George Gregan Foundation’s Hospital Playground Project and Mission Australia.

Master Builders QLD has been doing all it can to assist Queenslanders during this disastrous flood crisis, which has impacted so many homes and businesses.

“

These units are used for high pressure water clean-up and we hope their donation to the Brisbane, Ipswich and Ingham branches of the SES are going to assist greatly not just with the current clean-up, but also in the future.

”

Master Builders has also been working to supply flood affected home and small business owners with information and advice to consider when re-building and repairing their homes and premises.

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$ECURITY OF PAYMENT ACT FREQUENTLY ASKED QUESTIONS

Over the past 12 months I have conducted a series of seminars on the Security of Payment legislation that came into effect in the ACT for all construction contracts entered into after 1 July 2010. The questions that almost always get raised by participants relate to the scope of the Act. What kind of construction contracts are included or excluded? Does the Act cover residential work? So I thought this article might flesh out these issues.

Right to Progress Payment The Act seeks to ensure that a person is entitled to receive and is able to recover progress payments if the person has: (a) Undertaken to carry out construction work under certain construction contracts; or (b) Undertaken to supply related goods and services under certain construction contracts.

So right at the outset the Act establishes the critical importance of demonstrating the existence of a “construction contract”.

The Act defines a “construction contract” to mean: “A contract or other arrangement under which one party undertakes to carry out construction work, or to supply related goods and services, for another party”.

Construction Contract For the purpose of the Act a contract can be written, oral, partly written or partly oral. It encompasses transactions or relationships that are legally enforceable as well as “arrangements” that may not be enforceable at law (for example an agreement by a third party to pay the builder even though there may not be a contract between the builder and the third party).

Certain contracts are however excluded from the Act, such as:

Most importantly however, the Act does not apply to a construction contract for the carrying out of residential building work “if a resident owner is a party to the contract to the extent that the contract relates to a building or a part of a building where the resident owner lives or intends to live”.

What this means is that the Act does not apply to a contract for the residential construction work if the owner lives or intends to live in the building. If however the contract relates to the construction of an investment home, or a series of housing units, then the Act applies. Also the definition of who constitutes a “residential owner” specifically excludes an owner-builder. This means that if a person enters into a contract with an owner-builder then the Act applies.

Construction Work/Related Goods and Services The Act gives a very wide meaning to the expression “construction work” and “related goods and services”. It is deliberately intended to include physical work on construction sites as well as work that forms part of a building, as well as the installation of key fittings, site preparation, demolition, scaffolding, landscaping head works. In the case of “related goods and services”, the expression includes project management, architectural services, provision of quality surveying etc.

Effectiveness of the Act In the other parts of Australia where the Act has operated for some time (principally in NSW and Queensland) builders and subcontractors have been able to avail themselves of the statutory rights that the Act has given to them to receive prompt payment of progress claims. In each of those jurisdictions there have been about 1000 adjudication applications made each year involving hundreds of millions of dollars.

More Information

•

A contract that forms part of a loan agreement, a contract of guarantee or a contract of insurance;

If anyone wishes to obtain more details of the Act they should refer to the Adjudicate Today website: www.adjudicate.com.au or ring 1300 760 297

•

A contract where a party undertakes to carry out construction work as an employee;

John Murray

•

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Residential Building Work

A contract to the extent to which a party is to carry out construction work or supply related goods and services outside of the Act.

Master Builders ACT support OzHelp’s great work The rate of suicide within the building and construction industry is currently three times the national average for men in Australia.

Recognising this confronting problem, the OzHelp Foundation was started in 2001 to provide a mental health support organisation for the building and construction industry with a focus on early intervention suicide prevention, and the provision of support for workers and apprentices.

“OzHelp provides support services to all workers in the building and construction industry,” said Support Services Manager for OzHelp, Mr. Glenn Baird.

OzHelp not only focuses its efforts on suicide prevention and counseling, but also highlights the often under-valued importance of general health. This is achieved primarily through the Tradies Tune Up program, where health checks are likened to a car service. Workers are invited to participate and measure their ‘roadworthiness’, i.e. their health status.

“OzHelp has had huge success with the Tradies Tune Up program, and as a result, we hope to expand this program to reach much larger numbers in the future. In addition, OzHelp is currently developing other health promotion programs that can also help improve the health and wellbeing of workers in the industry.”

The Master Builders Skills Centre Building Fund is used exclusively for the benefit of non-profit organisations for the acquisition, construction or maintenance of premises for building and construction training and benefit.

The presentation of these donated funds took place at the opening of OzHelp’s new premises in Fyshwick in April 2010.

More recently, OzHelp held a special building naming ceremony at these premises, now known as the David O’Bryan Offices in honour of the tragic loss of life which prompted the forming of the OzHelp Foundation.

Following this devastating loss, Lorraine O’Bryan, David’s mother, began to investigate and pursue the issue of suicide throughout the building and construction industry.

A commemorative plaque was unveiled in the reception area of the premises, naming the building the ‘David O’Bryan Offices’.

For further information on the work of the OzHelp Foundation, visit www.ozhelp.org.au.

00212e

To help them in achieving these goals, Master Builders Association of the ACT presented Ozhelp with a grant of $50,000 taken from the Master Builders Skills Centre Building Fund, a fund managed by Master Builders ACT especially for the advancement of the building industry within Canberra and the region.

Master Builders’ John Miller presenting Keith Todd with $50,000 for OZHELP.

BUILDING FOR The

FUTURe Master Builders Skills Centre Building Fund has been established and will be used exclusively for the benefit of non profit organisations for the acquisition, construction or maintenance of buildings for building and construction training.

The Trustee is seeking financial contributions and other gifts for the Building Fund from Master Builders members and the public.

The primary objective of the Fund is to purchase land and pay for construction where there are definite plans to construct a building to be used as a school by non-profit organisations for the training of apprentices and others in the building and construction industry and any other industry as the Trustee may decide from time to time.

To make a tax deductible contribution to Master Builders Skills Centre Building Fund please contact Master Builders Association of the ACT.

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 | PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au

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Guess Who’s ?

Turning

Local Canberra company, Able Landscaping has been landscaping the nation’s capital since 1971, completing a vast range of iconic, commercial landscaping projects including 80% of the soft works Australian Parliament House, The National Gallery, High Court of Australia, Reconciliation Place, Australian Botanical Gardens, Anzac Parade, and various works at the Australian War Memorial.

Able Landscaping’s rich portfolio includes:

Able Landscaping began as a two man operation started by local farmers Peter Morrison and Robert Campbell who quickly developed the company into one of Canberra’s leading, commercial landscaping companies.

• Anzac Parade (various upgrades)

Both Robert and Peter have now retired and the company is now owned and operated by Joe and Margaret Meneghel.

• Nara Park, Lake Burley Griffin

Joe Meneghel started with the company as an employee 25 years ago, this year marking two significant milestones in his career.

Joe’s career in landscaping also extends to the international field undertaking projects such as the Australian Embassy, Beijing and one of China’s first environmental commercial landscaping projects, Eastcom City in Hangzhou.

• Australian Parliament House Upgrade • The National Gallery of Australia Gardens (original construction) • High Court of Australia Gardens (original construction) • Australian War Memorial (various works) • Reconciliation Place • Old Parliament House precinct • International projects including the Australian Embassy Gardens, Beijing and EastCom City Hangzhou • Australian Federal Police Headquarters, Edmund Barton Building • RG Menzies Walk, Lake Burley Griffin

Under Joe’s direction the company now also specialises in security works and small civil works projects, recently completing its largest ever project the Australian Federal Police Headquarters, Edmund Barton Building involving the detailed construction of high level security works, civil works and landscaping.

• Humanities and Science Campus Square, National Library Forecourt

Able Landscaping now employees over 40 people and are prequalified by the ACT Government to undertake landscaping and civil works to $10 million. The company has won numerous Master Builders & Boral Excellence in Building Awards and Landscape Contractor Awards of Excellence in recognition of its contribution to commercial landscape construction.

• The Alexander Maconochie Centre

Able Landscaping are currently completing the Kambah P10 Super School external works, a range of other school projects and new subdivisions including Casey, Bonner and Crace.

• Embassies including the Embassy of China

Congratulations Able Landscaping on turning 40 and thank you for your contribution to the National Capital’s Landscape!

www.ablelandscaping.com.au 36

• 80% of Australian Parliament House soft works (original works)

• The ANU, Crawford School Building • Canberra Airport, various works • Australian Defence Force Academy refurbishment • Eco Pond, Kingston foreshores • Schools including The P10 Super School, Kambah & The Kingsford Smith Regional School, Holt • Subdivisions and estates, shopping centre complexes, apartment complexes, Government Buildings, parks and recreational complexes

Federal Government announces new carbon price plans The Federal Government has announced that it intends to put a price on carbon emissions, effective from 1 July 2012.

So far the Government has outlined few details of its scheme, which will replace the Emissions Trading Scheme, proposed by the Labor Government under then Prime Minister Kevin Rudd in 2008 and abandoned in early 2010 after the Senate defeated the Government’s plan.

The Government has outlined a “framework” for implementing a price on carbon, to start from 1 July 2012 – subject the Government scheme being passed by parliament.

It plans to introduce a fixed price on carbon emissions to operate for between three and five years – effectively a “carbon tax”. This transition arrangement will allow time for industry and the economy to adjust to a carbon-priced environment. The arrangement will then move to a “cap and trade” system of carbon permits – with the price of carbon determined by the price carbon permits, moving according to market demand.

The Government has acknowledged that much detail of its plan is yet to be determined. Prime Minister Julia Gillard said, “An initial fixed carbon price will provide businesses with a stable and predictable platform to transition to a ‘cap and trade’ emissions trading scheme that will be linked to international carbon markets.

“This will give businesses time to understand their carbon liability and begin the transformation in a steady and purposeful way.”

She said the framework “is the result of hard work by the Multi-Party Climate Change Committee which has been meeting co-operatively, determined to help deliver this crucial economic reform.

“The framework has been agreed by Government and Greens members of the Multi-Party Climate Change Committee. The other members, Mr Tony Windsor and Mr Robert Oakeshott, have agreed that the proposal should be released for community consultation.

“The Committee will continue to discuss other important elements of the proposal including the starting level of the fixed price, any phasing in of sectors of the economy, and assistance for both households and industry.”

POLITICAL DEBATE The Government’s announcement triggered a furious political debate, with the Government forcefully criticised on talk-back radio and by the Liberal-National Party Opposition. Public support for the Government and Julia Gillard’s leadership plunged immediately following the announcement, according to Newspoll.

Opposition Leader Tony Abbott said, “Julia Gillard today announced a carbon tax. This is a fundamental breach of faith with the Australian people. Days before the election, Ms Gillard declared to the Australian public that ‘there will be no carbon tax under the government I lead.’

“Today she has broken her promise – and all Australians will now pay for that broken promise with higher electricity and petrol prices. Let us be clear, what the Prime Minister announced today is a carbon tax. From the middle of next year, Australian families will pay $300 more for power each year.”

COMPENSATION ARRANGEMENTS Compensation arrangements for the building and construction and other industries are yet to be announced – or, indeed, the system under which compensation will be determined. However the Prime Minister said, “The Government will then use every cent raised (from the carbon price) to assist families with household bills, help businesses make the transition to a clean energy economy; and tackle climate change.”

She said compensation arrangements will be negotiated with the Multi-Party Climate Change Committee (which includes the Greens and independents) which the Government established as part of its agreement that secured Green and independent support for the minority Government following the 2010 election.

She said, “The principle of fairness, in particular, acknowledged that the introduction of a carbon price will affect Australian households and communities, but that assistance should be provided to those households and communities most needing help to adjust to a carbon price.

The principle of competitiveness recognised that the overall package should take appropriate account of impacts on the competitiveness of all Australian industries, and the principle of energy security recognised that the introduction of the carbon price should be accompanied by measures that are necessary for maintaining energy security.”

THE

BOTTOM LINE Paul Powderly is the State Chief Executive Officer of Colliers International (ACT) Pty Limited. Paul has been intimately involved in the development sector of the market for the past 20 years and has been a consultant in excess of 400 office and development projects.

In his capacity as Director and Valuer he performs valuations of major institutional office assets and development feasibilities on new Government office buildings and major residential projects.

WHAT HAS CHANGED MOST SIGNIFICANTLY IN TERMS OF THE ACT PROPERTY MARKET SINCE YOU COMMENCED YOUR INVOLVEMENT WITH THE INDUSTRY HERE? The thing I have noticed most is we have embraced urban consolidation and environmental practices. The construction of thousands of multi-unit dwellings on transport routes and close to employment centres have improved the City and the way it functions. The more recent flight to quality has meant more architectural merit to many of the Inner South and City buildings being delivered and a greater choice in the quality spectrum for owner occupiers.

It was only 10 years ago that the construction of a residential tower was not feasible and our market could only afford the cost of low rise buildings. The six or seven towers developed since have opened the way for a more interesting skyline and future for Canberra.

THE INDUSTRY IN THE ACT WAS GOING THROUGH AN INCREDIBLE PERIOD OF SUSTAINED GROWTH UP UNTIL THE SUB-PRIME MELT DOWN IN THE US AND ALL THAT BROUGHT WITH IT. DO YOU EVER SEE ANY SEMBLANCE OF A RETURN TO THE PRE-GFC YEARS? The housing and commercial property markets are in a consolidation phase following a period of six to seven years of strong growth (hang over after the party). As a result of these changes the City has matured and is a more exciting place to work and live. The current situation will remain for a couple of years and then we should see stronger performance from 2013 onwards for three to four years. The key factors contributing to the current market dynamics are: • Rising interest rates are creating an air of uncertainty for many participants in the real estate market and this generation is tending more to rent than jump into a large mortgage and restrict their lifestyle choices.

• Access to capital for developers is scarcer and has impacted on supply in 2010 and will in 2011.

• Population growth slowed slightly in 2010 compared to previous years reducing demand for new dwellings.

• ACT Government is in top gear delivering supply to the market and many people believe this will lead to an oversupply and decline in values. This is creating some hesitation and no urgency for people to buy at the upper end.

• Acquisition costs – stamp duty, GST and compliance costs for new homes are the highest in Australia within Canberra and added to the above factors does not motivate buyers to enter the property market 38

in the numbers seen before the GFC. The fundamentals are good going forward but it will be fairly subdued for the next two to three years before we return to more traditional growth.

THE VARIOUS PLANS FOR THE CITY HAVE MOOTED A POPULATION BOOST IN CIVIC AND AROUND OTHER TOWN CENTRES. ARE WE MOVING QUICKLY ENOUGH IN THAT DIRECTION AND DO YOU SEE THE MARKET FOR GREATER MEDIUM AND HIGHER DENSITY DWELLINGS IN THE CITY AND OTHER TOWN CENTRES? Over the past 10 years the percentage of total sales volume in the ACT of units to houses has changed significantly. In 2001 approximately 30 per cent of all sales were units and in 2010 and 2011 this has increased to 43 per cent. The development of multiunit dwellings around the City Centre and Town Centres is essential for the city to grow without choking on traffic congestion, parking issues and to be more efficient. The Government have done the right thing in getting land to the market but the construction/ development of these projects has been delayed due to access to capital and funding constraints stemming out of the GFC and bank mergers.

We are not moving quickly enough in that direction and the market should be able to absorb 2,500 to 3,000 multi-unit dwellings a year with less supply in the Greenfield areas.

The focus on infill needs a stronger stance by Government to overcome the minority groups that are stifling sensible development in ideal infill locations, close to commercial centres and along transport routes.

The Northbourne Avenue corridor, City Centre, group centres, Braddon etc are areas that could accommodate many thousands of units over a 10 year period and not impact on the leafy characteristics of a typical Canberra suburb.

The implementation of a codified Lease Variation Charge (LVC) system has the ability to provide certainty and promote this type of development, but my fear is that at the proposed high codified rates this could do the opposite and make it less attractive to go through the long process of redevelopment over buying a site in Greenfield areas.

IN YOUR VIEW WHAT ARE THE MAJOR THREATS CURRENTLY FACED BY THE PROPERTY INDUSTRY AND WHERE DO YOU SEE OPPORTUNITIES? The major threats stem from activities of Local and Federal Governments as well as access to available capital in the banking system.

Local Government – The proposed codified charges of the LVC system and cost to deliver infill development is of a concern. If this is not managed correctly it could backfire and slow the urban consolidation agenda that is much needed to continue in Canberra.

Commonwealth Government – Clear policy framework and implementation of programmes over the next two to four years.

The concerns are around the uncertainty of the political situation (balance of power) and that this will stifle hard decisions being made.

The Australian banking system is sound but the global situation is by no means improving and this will continue to make it hard to access

the large amounts of capital required to deliver real estate projects to cater for dwellings demand in the ACT and around Australia, and the massive cleanup and rebuild of Queensland.

There is not enough money or resources in the system to do everything.

This will impact on all areas of Australia including the ACT as we struggle to compete for the capital and resources in the system.

THE ACT GOVERNMENT IS WELL AND TRULY COMMITTED TO MOLONGLO DESPITE STATED FRUSTRATIONS WITH DELAYS AND MORE RECENTLY THE DISCOVERY OF CONTAMINATED WASTE MATERIAL THAT NEEDS TO BE MANAGED. WHAT ARE YOUR LONGER TERM THOUGHTS ABOUT MOLONGLO AS IT BEGINS TO TAKE SHAPE? Molonglo is critical to the overall supply of land and housing choice for the region and from late this year will deliver serviced blocks of a quality not seen in Gungahlin for some years.

The key to success in this region is to provide slightly larger blocks than that being developed in Gungahlin and to be provided in NSW developments at Tralee and Googong.

Density in Molonglo can be achieved by the release of medium density sites along the major transport routes but underlying current demand is clearly for larger standard lots.

The quality of the land and infill location demands that this land is developed at the right density to make it attractive to a wider market.

The size of the blocks and quality of infrastructure will dictate the take-up rates and values of this land holding.

I believe that what is being produced in the first suburb of Wright needs to be carried forward for a period of four to five years before densities are changed.

AN INVESTOR HAS TO LOOK AT THE BOTTOM LINE AND DECIDE BETWEEN CANBERRA AND ANOTHER CITY. WHERE AND WHY FOR BOTH COMMERCIAL AND RESIDENTIAL? For investors this can be a tough choice. In respect to residential, the attraction to invest in Sydney and Melbourne is all about the promise of capital gains, but the cost to get it can be prohibitive. The Gold Coast market has been in overdrive for four to five years, but the GFC has seen significant adjustment and over the course of 2011 will provide the best value of anywhere in Australia to buy.

With the rebuild about to kick in, shortage of housing compounded by the current pressures, all believe the Brisbane and Gold Coast markets will bounce back over the next two to three years and provide investors some good capital gain.

Commercial real estate is an investment often thought to be only available for the wealthy, as it is associated with office buildings, shopping centres and superannuation funds. However, investing in commercial real estate can start from $400,000 to $500,000 and gives investors a much superior return to the traditional residential investment.

Our view is to look for good quality leased strata office suites in Canberra. Locations like Kingston and Barton are reliable and will generally provide steady income streams for four to five years with solid capital gains. Also, the opportunity often arises for smaller sub $1M investors amongst the Colliers International client base to combine to purchase commercial investment that would otherwise be unavailable to them.

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39

$1

1,

00

0 Master Builders Ra is Association of the ACT ed Annual Charity Golf Day Beneficiary: Lifeline Canberra

The rain didn’t stop the fun................or the fundraising!

Y et another successful Master Builders Charity Golf Day was held at Yowani County Club, on 28 February, raising much needed funds for Lifeline Canberra.

Master Builders, Executive Director, John Miller said -

“despite the rain and a brief dalliance with thunder and lightning, it wasn’t enough to prevent another fun Annual Master Builders Charity Golf Day, that raised over $11,000.00 for Lifeline Canberra” The top team from the playing field of almost 200 was the Perpetual Living team, headed by Scott Leighton with a net score of 523/8. The G E Shaw team came second and the Seears Workwear team were third.

During the dinner presentation the guests were treated to a magnificent performance by Darren Carr – Australia’s top ventriloquist and comic entertainer. Mike Zissler, Chief Executive Officer of Lifeline Canberra said “despite the weather a good day was had by all and Lifeline was the winner”

40

OVERVIEW OF THE DAY WHERE

Yowani Country Club

BENEFICIARY

Lifeline Canberra

RAISED ($)

$11,000.00

PLAYERS

200

WINNING TEAMS FIRST PLACE

Perpetual Living

SECOND PLACE GE Shaw THIRD PLACE

Seears Workwear

BRADMAN AWARD INSTYLE CONSTRUCTION

INDIVIDUAL TROPHIES LONGEST DRIVE (w/- handicap)

Scott Kildey

LONGEST DRIVE (non-handicap) Joe Afiabo

“These events are a chance for people to get out in the fresh air and talk to each other, Lifeline knows that men sometimes find it hard to share so spending 3 or 4 hours chasing a little white ball can be an opportunity to get things off your chest, it does you good”

NEAREST PIN (w/- handicap) 12th Dominic Darmody

“I have worked with the Master Builders over the last 10 years in many roles and they continue to demonstrate their commitment to the industry and the community, and events like this brings us together with us all winning”.

LONGEST DRIVE (Ladies)

Julie McManon

NEAREST PIN (Ladies)

Florence Kennedy

The Master Builders Charity Golf Day relies on the generous support from the membership through sponsorship and donations for the fund raising activities. This year our major sponsor was the John McGrath Auto Group and the Village Building Co, Commonwealth Bank and Rent A Fence also made significant contributions as sponsors.

John McGrath Auto Group

NEAREST PIN (non-handicap)6th Andrew Ludzioweit NEAREST PIN (w/- handicap) 3rd Ben Amey NEAREST PIN (non-handicap)16th Wayne Baird

MAJOR SPONSORS Commonwealth Bank The Village Building Co. Rent - A - Fence

MONSTER RAFFLE PRIZES Prize Donated by Watsons Awnings & Blinds

Canberra Building News Edition 1 - 2011

Wheel Barrow

Signed Raiders Jumper Canberra Raiders $200 dinner voucher to Transact the RUC restuarant

Handing over the cheque! - Mr Ross Barrett, President of the Master Builders Association of the ACT and Mr Mike Zissler of Lifeline Canberra.

Omeg convection Microwave Oven

Prime Industries

Ceramic Lamp

Lighting & Ceramic Supplies

4 golf umbrellas

ACTTAB

$90.00 gift voucher

Waves Carwash

Case of Beer, Bourbon Douglas Joinery & Scotch Auction itemS Donated by

Part of the team who helped make the day possible.

Telstra T-Hub

Yellow Pages

Signed Canberra Capital top - 2008/09

ActewAGL

7 nights at Australis Sovereign Resort Surfers Paradise

Constellation Hotels

Beefeater 4 burner,

Harvey Norman Commercial

stainless steel hood BBQ 1 x full page display ad Master Builders Association in Winning Homes

Photos: From Left. Ventriloquist Darren Carr with “Steve�, Darren with Darrell. Ross Barrett and John McGrath presenting Dominic Darmody with his award.

Thank you to all of the Sponsors who made the day possible.

CANBERRA 0421 388 807

CE INDUSTRIES

Canberra

41

Master Builders association of the act

huMan resources Manual The Building and Construction industry is extremely complex.

Not only do employers need to contend with the complicated process of building and its numerous laws and regulations, but they are responsible for the day to day management of their employees.

The manual has been designed to arm members with the resources and required knowledge to deal with everyday situations that may arise in the workplace.

Master Builders Association of the ACT

HUMAN RESOURCES MANUAL For employers in the building and construction industry

• Federal Government’s Industrial Relations Changes • Recruitment • Induction • Record keeping • Discrimination and Bullying in the Workplace • Dealing with Unions • Performance Management • Discipline and Termination of Employment • Drug and Alcohol Policy

Order your 2nd Edition with 2011 updates.

lve Pr r - So Directo

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyswick ACT 2609 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au

The Master Builders Fidelity Fund was established in 2002 to protect the interests of both consumers and builders in the ACT. For Builders, the Master Builders Fidelity Fund provides financial certainty as money held by the Fund remains in the ACT. It is securely invested and used for the betterment of the ACT builders and consumers and is therefore not subjected to the vagaries of international markets and events.

The Fidelity Fund issues Fidelity Certificates which provide consumer protection for owners of new homes and those making significant changes to homes. The Certificates protect the owner during construction and for up to six years from the date of practical completion.

Master Builders members receive reduced premium rates and we also offer special discounts for volume users of the Fidelity Fund. For more information contact the Master Builders Fidelity Fund.

Builder Site Signs -

42

“This istool that ble on lu a va eas a modevl e o id r v p pro w to im for all ho nalism about sio o r p fesnies seriousource.” s a p com Human Re ir e e r a y th Alan C ojects

Available to Master Builders and Fidelity Fund members for FREE (WHILE STOCKS LAST) Builders Licence Number is advertised – avoid being penalised by ACTPLA All contact details advertised Emergency contact number on Site Sign in case of emergency.

Master Builders Fidelity Fund 1 Iron Knob St, Fyshwick ACT 2609 | PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6175 5995 Fax: (02) 6257 8349 Email: mbff@mba.org.au Web: www.mba.org.au

00347f

People management is a job in itself, and no employer can be fully prepared for every workplace relations issue that may arise. That’s why Master Builders Association of the ACT has created this Human Resources Manual.

members don’t pay full price As a member of Master Builders Association of the ACT you are entitled to a range of trade discounts associated with some of our Corporate Partners. These discounts can save your business a fortune, adding even more value to your membership.

Master Builders Group Training

Health Insurance

Group Training provides training in a range of courses from the OH&S Induction card to Builders Licence and Asbestos Removal.

These courses are offered to members at a discounted price.

Join Master Builders/nib corporate health plan and avoid the usual two and six month waiting periods to claim* on:

Master Builders Group Training 02 6280 9119

• General • Physio • Remedial Massage

• Optical • Chiro • Acupuncture

nib – 1800 816 692 *Conditions apply Workwear & Safety Equipment

Recruitment Services

10% discount to Master Builders members on standard terms of business

10% off most products in store.

Seears Workwear 02 6280 4111

Hays Construction and Property 02 6230 5142

Telecommunications

Fleet Discounts

Save 20–30% on mobile phone calls and 5% on home or office phone calls, with the Master Builders/Telstra phone deal.

Telstra – 1300 881 372

John McGrath Ford Phillip - 02 6122 2222 Belconnen - 02 6256 2300 Mitchell - 02 6201 1800 Isuzu Ute - 02 6166 1111 Electrical, Bathroom and Plumbing Supplies Harvey Norman Commercial Division 02 6202 2000

Car Detailing Service

10% off on Extreme or Full Valet carwash for Master Builders Members. Find your voucher at www.mba.org.au to use at Braddon or Gungahlin.

Waves Carwash -

Braddon 02 6247 0443 Gungahlin 02 6262 3955

nib When using services of our Corporate Partners please identify yourself as a member of Master Builders Association of the ACT and quote your membership number.

Red Cross Blood Drive Did you know only 3 per cent of Australians donate blood, but 30 per cent of us will need blood in our life time?

“THANK YOU”

Classic Constructions

FROM PEOPLE WITH A DISABILITY

We would like to thank the Master Builders Association of the ACT and their members and colleagues, building company Classic Constructions and building suppliers FAW Building Supplies, for the construction of a wonderful pergola for our daughter and her two housemates. All the young women are intellectually disabled. They moved into a newly constructed Housing ACT house in Franklin in July 2010. The house is managed and staffed by Hartley Lifecare.

The cost of furnishing and setting up the house meant that a much-needed pergola was out of the question for us parents. So we were absolutely thrilled when one of our daughter’s friends approached the Master Builders Association, ACT with a request to help out regarding a pergola. To our delight, the Master Builders’ Deputy Executive Director Jerry Howard embraced the project and arranged for the design of the pergola, and approached Classic Constructions and FAW Building Supplies for assistance with the construction. These companies very kindly donated the materials, labour and their building expertise.

The house now has a beautiful and very professionally constructed pergola, which provides the girls with a shady, comfortable and very pleasant outside space that also provides privacy. It is a tremendous gift and asset to the house and one we hardly know how to say thank you for.

The parents and staff at Hartley are very grateful and appreciative to Jerry, to Michael Tanchevski and his foreman Dan Gould of Classic Constructions and to Michael Agnew of FAW Building Supplies for their generosity of spirit and support to the community.

On behalf of Hartley Lifecare and the girls, a big thank you!

Barry Johns 44

Father and guardian of one of the girls.

On Monday 31st January the Red Cross Mobile Donor Centre set up shop for the day in the carpark of the Master Builders ACT Headquarters & Skills Centre in Fyshwick, with Master Builders - ACT staff and members both encouraged to give blood.

Thank you to all the members who participated and made the day a success. If you missed this opportunity, the Mobile Donor Centre will be returning on Wednesday 11 May, and Wednesday 31 August 2011. There is nothing more rewarding than knowing that each time you donate blood you save at least three lives!

For more information please visit the Australia Red Cross website to donate today or make an appointment by phone: 13 14 95 web: www.donateblood.com.au

Picture: From Left - Michelle Nicholson, Gary Jones, and Sue Barker of the Master Builders Association of the ACT giving blood.

Multi-purpose training & meeting facilities, tailored for you‌ and near you!

Tuesday 16 November Sponsored by Robson Environmental

Ross Barrett David Papps Lyn Svanosio

T h e at r e S t y l e

Boardroom Style

Classroom Style

t e c h n o lo gy

President, Master Builders Association of the ACT Chief Executive Officer, Department Environment, Climate Change, Energy and Water Robson Environmental

Tuesday 23 November Sponsored by Village Building Co.

Ross Barrett David Dawes Hans Sommer

President, Master Builders Association of the ACT Chief Executive, Department of Land and Property General Manager Planning & The Illawarra, Village Building Co

Tuesday 30 November Sponsored by GE Shaw & Associates

Ross Barrett Mike Zissler Valdis Luks

President, Master Builders Association of the ACT Chief Executive Officer, Lifeline Canberra Managing Director, GE Shaw & Associates

Thursday2 December Sponsored by Village Building Co.

Ross Barrett Jon Stanhope Bob Winnel

President, Master Builders Association of the ACT Chief Minister of the ACT Chief Executive Officer, Village Building Co.

Thursday 10 February Sponsored by Brown Consulting

When you need room for a business meeting or a training program, there is always a professional solution in the Master Builders ACT new training facility located next to the DFO in Fyshwick.

We offer rooms of various sizes, from comfortable one-on-one interview rooms, training and meeting rooms accommodating up to 60 people, or for that very special meeting the Master Builders ACT Boardroom is also available for hire. Your guests will not have to find or pay for parking as our site has 120 free car parking spaces.

With flexible room lay-outs and seating arrangements, choose classroom, theatre or boardroom style.

The dedicated Master Builders staff are trained to ensure your event is a success.

For further information contact, Master Builders Group Training - (02) 6280 9119

Ross Barrett David Dawes Max Bomben

46

President, Master Builders Association of the ACT Chief Executive, Department of Land and Property ACT Regional Manager, Brown Consulting

00347c

Offering

Canberra Building News Edition 1 - 2011

peace of mind

for building industry

professionals Austbrokers Canberra offer exceptional products and services in all areas of insurance, particularly specialising in: Construction and building industry insurance Trade package insurance Public and Products Liability Professional Indemnity Workers Compensation Business Package Insurance Income Protection Life Insurance and superannuation: these products are provided by the related entity Austbrokers Financial Solutions (SYD) Pty Ltd a Corporate Authorised Representative of Millennium3 Financial Services Pty Ltd ABN 61 094 529 987 AFS Licence 244252 Direct +61 2 6280 5477 | Fax +61 2 6280 7561 Cnr Lyell & Newcastle Streets Fyshwick ACT 2609 PO Box 727, FYSHWICK ACT 2609 Email christine.miliano@abcbr.com.au | www.abcbr.com.au Austbrokers Canberra Pty Ltd is a Corporate Authorised Representative of Austbrokers Sydney Pty Ltd AFS Licence 244244

Canberra

Is your builder a Master Builder?

Whether you are building a new house, renovating an existing house, adding a pergola or that extra room, make sure you use someone you can trust.

Ask the Question is My Builder a Master Builder All members of the Master Builders Association of the ACT go through a thorough application process.

Master Builders National Code of Practice Members of the Master Builders Association are bound by the National Code of Practice. For a copy of the Code please contact the Master Builders Association of the ACT or visit our website.

Master Builders Support of Consumers

Bradley Clyde

Raiders Legend, National Business Manager Uniport Australia, Master Builders Member

The Master Builders provides a range of building contracts to ensure that dealings between builders and their customers are clearly set out and both parties know what to expect.

Before signing a Master Builders contract or accepting a quote from a Member of the Master Builders you can contact our Association for clarification on any questions you may have.

It’s a matter of knowing who you can trust.

Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyswick ACT 2609 Tel: (02) 6280 9119 Fax: (02) 6249 8374 Email: canberra@mba.org.au Web: www.mba.org.au

47

Building Better Communities

Village Building is one of the leaders in providing affordable housing for the people of the ACT, NSW and QLD with a strong focus on developing sustainable communities.

VBC is the recipient of: Winner – 2008, 2009, 2010 Best Affordable Housing Award – HIA – CSR ACT/Southern NSW Housing Awards Winner – 2010 Best Multi-Unit Development over 4 units – MBA Excellence in Regional Building Awards Highly Commended – 2010 Resource Efficiency Award – National HIA Boral Greensmart Awards Merit – 2010 Apartments and Units Category – MBA Boral Excellence in Building Awards Winner – 2009 Resource Efficiency Award – National HIA Boral Greensmart Awards Winner – 2008 Chief Minister’s Affordable Housing Award – MBA Boral Excellence in Building Awards

Better • Affordable • Sustainable

6242 5999

48 Village Housing Pty Ltd Licence Number: 200788

villagebuilding.com.au ACN: 091 899 688