Plumbing SA | March/April 2023

inSiDe THiS eDiTiOn...

mASTer PlumberS SA STAFF

Andrew Clarke | Executive Officer

m: 0438 282 448

e: andrew.clarke@mpasa.com.au

Gavin Watson | Operations Manager

m: 0488 909 185

e: gavin.watson@mpasa.com.au

Action Taken Against Unlicensed Tradies page 9

Matt Sando

PreSiDenT: Mike McEntee

cHAir: Daria McLachlan

Damon Hammond

Steve Adams, Rob Dineen, David Hurst, Steve Slack

Jodie Bischoff People, Careers & Wellness Manager e: jodie.bischoff@mpasa.com.au

Sam Baulderstone | Field Officer

m: 0447 496 216

e: sam.baulderstone@mpasa.com.au

Brock Perkins MPA Field Officer page 19

PubliSHeD bY: Master Plumbers Association of South Australia Inc 213 Greenhill Rd Eastwood SA 5063 | PO Box 145 Fullarton SA 5063

Ph: (08) 8292 4000 Email: admin@mpasa.com.au | Website: www.mpasa.com.au

Pre PreSS AnD PrinTing:

Keystone Printing Ph: (08) 8231 9999 | Email: info@keystoneprinting.com.au

Brock Perkins | Field Officer m: 0499 975 475

e: brock.perkins@mpasa.com.au

Frances Cardellini Administration Coordinator

e: frances.cardellini@mpasa.com.au

Rachel Clark Administration Officer - Part Time

e: rachel.clark@mpasa.com.au

Georgia Maurici Administration Support Officer

e: georgia.maurici@mpasa.com.au

Opinions expressed in Plumbing SA are not necessarily those of the MPA SA, nor does the MPA SA guarantee the accuracy of the statements made by contributors or advertisers or accept responsibility for statements they may express in this publication, nor does the MPA SA accept liability to advertisers for the publication of advertising which may be held contrary to the Competition and Consumer Act 2010. MPA SA reserves the right to refuse, cancel, amend or suspend any advertisement or insert without reason. All advertising pricing is correct at the time of publication but is subject to change without notice. Errors and omissions excepted.

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bY AnDrew clArKe

eXecuTiVe OFFicer

ACCESS TO AUSTRALIAN STANDARDS

The saga of accessing the AS/NZS 3500 and the AS/ NZS 5601 series of Australian Standards has finally reached an amicable outcome for all plumbing subcontractors and licensed tradespeople.

Australian Standards is working on an App designed to give tradespeople, technicians and workers the ability to access the standards via their mobile phones.

Keep tuned for more information on the release of this App as we are still in a period of uncertainty around the timing, but we believe the costing for access could be around $100 per user per year.

The fine details are yet to be released but it is coming soon. For the record some history on how MPA SA was involved in this long-drawn-out process.

- Firstly, it must be noted and recognised that MPA SA was the first Master Plumbers Association around Australia to get online standards access for members and it was free for members. MPA SA was paying for this service to SAI Global.

- MPA SA had this service for approximately 7 years before the wheels started falling off the original offer and the pricing to MPA SA for this service started to become outrageously high and prohibitive.

- Our involvement with MPANZ (the national body) led to many discussions between Australian Standards and SAI Global as the pricing model started to change and there appeared to be a various degree of who was directing who and who was the price setter etc.

It was inconsistent, confusing and there was more finger pointing than we see in the political environment.

- I spoke to the CEO of Australian Standards to attempt to provide a win win solution for all parties but that conversation led to no follow up / action from him which to be honest was disappointing but not unexpected.

- Over the most recent of years, the pricing model to all the Master Plumber Associations varied and it was like going to the royal show playing on a chocolate wheel, spinning the wheel to get

a prize with different amounts. No consistency and no workable equation to establish how they charged for accessing any deal.

- All the Master Plumbers Associations at this point had started lobbying both local and federal Governments to seek guidance on how a non-for-profit organisation can operate in such a way that is causing major grief in a regulated industry.

The issue was becoming untenable and the drum beating was certainly getting louder and louder.

- MPA SA in desperation negotiated with SAI Global in November 2021 to November 2022 a 12-month saleable deal to members but had to pay up front a substantial fee for this to occur. The MPA SA Board was consulted and agreed to the process.

MPA SA then had to hope the sales would slowly offset this fee. It is worth noting that MPA SA did sell at a slight loss per license fee to encourage up take and as a member benefit.

It was one of the most stressful times, that I and the staff of MPA SA had ever experienced. It was relentless and the administration of the scheme was a total strain for all involved.

This new development is partly due to the heavy lifting from this association and no question from other Master Plumber bodies plus other associations.

All tradespeople will benefit when this App rolls out but just remember, if you don’t support Association bodies you would never have got this initiative.

CONSUMER PROTECTION

Here at MPA SA we get a number of calls from disgruntled consumers whether it be to complain against the workmanship of plumbers, the costs of works or the mischievous ways in which businesses get people to sign quotes for work (mainly on I-pads or tablets of some form) with no price and no terms and conditions of their work.

I must start by saying that the percentage of members this relates to is about 10% of the calls – it is mainly non – members.

It is more often franchised businesses who work on the principle of the McDonalds model of upselling.

These businesses have learnt these particular practices from America where it is taught to maximise opportunity and maximise profit, but leave no peace of mind to the consumer or encourage repeat business.

Facebook feedback is a great leveller for businesses that operate this way.

The most common complaint is that the businesses get the consumer to sign electronic devices that don’t spell out the scope of the job nor the cost – just a vague description of work to be performed.

Then upon completion of the job the consumers get an invoice with a price way outside their expectations or what was verbally discussed.

The catch is because they signed on the electronic device at the base of the page (even with no price or scope), they are legally bound.

Well, this fraudulent activity must be stopped as it is tarnishing the reputation of the industry and it doesn’t help when the majority of businesses trying to build their profile.

MPA SA condones this activity and is actively advertising to ensure the public go to our website to

find a member and seek a minimum of two quotes at all times.

This is a way to secure work to our membership but also protect consumers with correct business practices and ensure there is accountability across the whole process.

I can categorically say that I have confirmed nearly every pricing issue with consumers against members by supporting their business and explaining the costs breakdown.

Members are doing a fantastic job in their business acumen and delivery of service. MPA SA will continue to push all work to members of the association.

CHECK YOUR INSURANCE POLICY AND LIABILITY

The insurance industry is one very competitive and complex environment that is not fully understood nor explained as it involves detailed terms and conditions around coverage.

MPA SA has heard, seen and witnessed all sorts of discrepancies surrounding claims, non-permitted payouts and now new rules around flexible hoses installed from a second level floor onwards.

2023 PLUMBING ROADSHOW

TOPICS TO BE COVERED BY THE OTR

Installation of TMV’s and Licencing Requirements

Stormwater Legislation

Rainwater Harvesting

Installation Heat Pump Heated

Tampering with Infrastructure

Circulatory Heated Water Systems

Dental Backflow Requirements

Fire Service Testing Requirements

MPASA PRESENTATION

Local and National Update

Drainage

Services

New Products, Services and Technology

cOnTinueD...

Here are a few pointers that you need to consider, or seek further information on:

- Due to a large number of complex and costly claims the insurers have started imposing height restrictions on plumbers (eg) Not insuring for works carrier our over 2 story buildings or they will exclude any work completed on a high rise building

- Full disclosure of occupational duties is required with a turnover split required between Residential, Commercial & Industrial

- Contractual Limits placed within the policy wording (eg) you are not insured for Public or Products Liability if the contract value exceeds $200,000

Some Insurer’s questions are as follows;

- Are Your Business activities restricted to domestic homes and/or small commercial business only?

- What is the maximum value of any single building contract Your Business enters into?

- Does your business carry out work exceeding 10 metres in height?

One particular insurer drills right down to employees as listed below:

This information is to assist you as a member get the right insurance for the particular business you operate.

Should you require further assistance MPA SA can help you with names of reputable industry providers.

be SAFe. be HOneST.

Most tradespeople are safety conscious. They wear protective gear, follow procedures and take extra care when using hazardous substances on the job. Consumer and Business Services (CBS) is reminding tradies about another important safety issue – the presence of asbestos - and the right way to deal with it.

ASBESTOS IS STILL qUITE PREVALENT

All forms of asbestos were banned in Australia from 31 December 2003, however approximately one third of all homes contain asbestos material and many other buildings and structures also contain asbestos. This means you are likely to come into contact with asbestos when undertaking trades work.

CBS is reminding all builders and tradespeople to check for asbestos before starting a job, and to be aware of your responsibility to control exposure to airborne asbestos fibres. If you don’t hold an asbestos removal licence, there are restrictions on the type and amount of asbestos you may remove.

CBS IS SUPPORTING THE STATE GOVERNMENT’S IMPLEMENTATION OF SA’S ASBESTOS ACTION PLAN WHICH AIMS TO IMPROVE ASBESTOS AWARENESS AND MANAGEMENT.

Further information to help keep you safe and also about your legal obligations as a plumber is available at asbestos.sa.gov.au. Also see the Australian Government’s guide ‘Asbestos safety for plumbers’ which is available from asbestossafety.gov.au/asbestos-safety-information.

DISHONEST DEALINGS

If you seek to exploit consumers over concerns about asbestos you could face compliance and enforcement action by CBS. In late 2022, a demolition company and its boss were found to have engaged in unconscionable conduct.

The company had lied about the presence of asbestos on consumers’ properties and used high pressure tactics to force them to pay grossly inflated prices. CBS commenced civil action after numerous complaints from consumers.

EACH TIME, THE COMPANY WOULD PROVIDE A WRITTEN qUOTE TO THE CONSUMER – BUT WOULD jACK UP THE PRICE AFTER WORK WAS EITHER UNDERWAY OR COMPLETED, CLAIMING ASBESTOS HAD BEEN FOUND ON THE PROPERTY

Unconscionable conduct is an offence under the Australian Consumer Law (ACL). The Supreme Court fined the contractor and demolition company a total of $645,000.

TRADE FAIRLY

People who work in the trades sector are reminded that because consumers rely on you for your expertise, you must not engage in any of the following practices:

• misleading consumers about the need for a product or service

• deceiving consumers for your own financial gain

• pressuring or harassing consumers to agree to something

• supplying products or services over and above what a customer has agreed to receive - this may be considered ‘unsolicited’ and a customer who receives unsolicited products or services is not liable to pay for them.

CBS will continue to investigate potential breaches of the Australian Consumer Law and also the Plumbers, Gas Fitters and Electricians Act 1995 to help protect consumers from unscrupulous operators.

Consumers and industry can report concerns about the conduct of a tradesperson via the online form at www.cbs. sa.gov.au/contact or call CBS on 131 882.

HOw TO mAnAge PerFOrmAnce, DiSciPlinArY AcTiOnS & emPlOYee TerminATiOn

Performance management, disciplinary action and termination of employment are the most common yet most challenging and risky processes for businesses.

Employers often struggle to address the situation when their employees are underperforming, and don’t know how to handle disciplinary action or termination of employment.

However, it is crucial for employers to address issues of underperformance to avoid negative effects on their business.

This article will provide a guide on managing underperformance, undertaking disciplinary action and effecting termination of employment in a manner that will minimise risks of claims being successfully taken against employers.

PERFORMANCE

Managing performance and behaviour effectively in the workplace is beneficial for both employees and employers.

Underperformance occurs when an employee is not doing their job properly or is behaving in an unacceptable way at work.

It may include not carrying out their work to the required standard or not doing their job at all, not following workplace policies, rules or procedures and disruptive or negative behaviour at work.

Note that underperformance is separate to serious misconduct, which is discussed below.

To address underperformance, the employer should first consider if there are any rules to be followed under any applicable Award or Registered Agreement, contract of employment or a workplace policy.

A workplace policy may provide an outline of any performance management systems in place and the steps that need to be taken.

Secondly, the employer should meet with the employee privately to discuss the underperformance. In this meeting the employer must be upfront about the issues or concerns and give the employee a chance to respond.

Employers should also consider the best way to prevent underperformance including having clear position descriptions outlining behavioural and outcome expectations, having regular performance reviews, encouraging employees to address issues with their manager and promptly dealing with any issues that arise.

THE MEETING SHOULD BE DOCUMENTED AS WELL AS ANY SOLUTIONS AND OUTCOMES THAT HAVE BEEN AGREED BETWEEN THE PARTIES

HOw TO mAnAge PerFOrmAnce, DiSciPlinArY AcTiOnS & emPlOYee TerminATiOn

DISCIPLINARY ACTION

An employer may decide to take disciplinary action against an employee including issuing a warning.

We note that this will depend on the circumstances, and we recommend seeking independent legal advice prior to taking any disciplinary action, as there are a number of claims an employee may commence to challenge these actions.

If an employer decides to issue a warning, this warning should be in writing and outline the issue or concern and the action that must be taken by the employee to address it.

The warning must be fair and reasonable in the circumstances. The warning should also clearly explain the possible consequences of not addressing the underperformance including further disciplinary action or termination of employment.

EMPLOYERS SHOULD ENSURE THAT THEY ARE PROACTIVE IN FOLLOWING UP ANY UNDERPERFORMANCE INCLUDING HOLDING REGULAR FOLLOW UP MEETINGS TO TRACK PROGRESS.

If the employee continues to underperform employers may consider further meetings with the employee, issuing a warning or additional warning, providing the employee with additional training and/ or termination of employment as a last resort.

There is no general rule on the number of warnings that must be given to an employee before ending their employment, however generally an employer should give the employee an opportunity to fix any performance issues before terminating their employment.

If they don’t then this may be taken into consideration by the Fair Work Commission in any unfair dismissal application made by the employee.

TERMINATION

If an employer decides to terminate an employee’s employment, then they must make sure the dismissal is not harsh, unjust or unreasonable as this might then constitute an unfair dismissal.

EMPLOYERS SHOULD GIVE REASONS FOR TERMINATION AND GIVE THE EMPLOYEE A CHANCE TO RESPOND. THE TERMINATION SHOULD BE CONFIRMED IN WRITING AND APPROPRIATE NOTICE GIVEN.

The employer must also ensure that the employee is given the right final pay including payment for accrued entitlements.

Again, we recommend seeking independent legal advice prior to termination.

In any meeting where termination of employment is a possibility, an employer must not unreasonably refuse to allow an employee to have a support person present.

SERIOUS MISCONDUCT

Serious misconduct is when an employee causes serious and imminent risk to the health and safety of another person or to the reputation of profits of their employer’s business and deliberately behaves in a way that’s inconsistent with continuing their employment.

This can justify termination without notice (summary dismissal).

However, the employer must still follow a fair process before effecting the termination.

This includes providing the employee with the opportunity to respond to the allegations.

SMALL BUSINESS FAIR DISMISSAL CODE

If an employer is a small business owner it is important that they follow the Small Business Fair Dismissal Code (Code) when terminating an employee’s employment.

A small business is defined as any business with less than 15 employees.

THE CODE REqUIRES (OTHER THAN IN A CASE OF SUMMARY DISMISSAL FOR MISCONDUCT) THAT AN EMPLOYEE TO BE WARNED ABOUT PERFORMANCE CONCERNS AND TO BE GIVEN THE OPPORTUNITY TO RESPOND AND RECTIFY ANY CONCERNS.

DiSciPlinArY AcTiOnS & emPlOYee TerminATiOn cOnTinueD...

The Code provides that it is fair to dismiss an employee without notice or warning where the employer believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify summary dismissal.

The employer must show that they had reasonable grounds to hold the belief.

This can be established by showing the steps taken by the employer, which might include an investigation into the facts.

TAKEAWAYS

Employers should exercise caution when dealing with misconduct, underperformance, disciplinary action and termination of employment.

It is recommended that employers seek legal advice to ensure the process is conducted properly to minimise any claims against their business.

Our workplace relations team can assist you with all aspects of managing the performance and behaviour of employees including specific advice in relation to current performance and misconduct matters and the laws that apply when managing an employee’s performance and considering termination of employment, review of policies and processes, and drafting of warning and termination letters.

Sonia bolzon Partner Lynch Meyer Lawyers

e: sbolzon@lynchmeyer.com.au

celeste craggs Associate Lynch Meyer Lawyers

e: ccraggs@lynchmeyer.com.au

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rAcHel clArKe

MEET RACHEL CLARK: PAYROLL OFFICER AT MASTER PLUMBERS

Rachel is one of our newer staff members who commenced in August 2022, in the role of Payroll & Administration Officer.

In this issue we will learn more about Rachel and his position at MPA SA.

WHAT IS YOUR ROLE AT MASTER PLUMBERS?

My role at Master Plumbers is Payroll and Administration for our Group Training scheme and I also work part time – 3 days per week.

WHAT DOES YOUR ROLE INVOLVE?

Majority of my role is processing the payroll for our apprentices & also general accounts and administration. I find my role very rewarding and it feels great to know everyone has been paid each week.

SAPIPERELINING

WHAT DO YOU ENjOY ABOUT WORKING AT MASTER PLUMBERS?

At Master Plumbers I work with a fantastic team, we all support each other & It makes it easier to get out of bed every day when you work with a bunch of good eggs.

WHAT DO YOU DO IN YOUR SPARE TIME?

My weekends are spent with my husband and 6 year old son. We also love the outdoors, holidays and going to a good cafe. I also love baking yummy treats also.

WHAT IS THE NUMBER ONE HOLIDAY DESTINATION ON YOUR BUCKET LIST?

I would love to travel anywhere international. Honestly I’m not fussy & I would be happy to be on any holiday after COVID.

MASTER PLuMBERS SA MEMBER BENEFITS

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10% discount on all services, including website design

Ph: 08 8387 5559 www.axisdigital.com.au

Exclusive discounts to members

Ph: Teaghan 8443 3868

Discounts on First Aid Training & Products

Ph: 1300 785 646 and quote your membership number

Members receive free preliminary legal advice by phone at no charge Please call Michael Hutton on 08 8236 7612 www.lynchmeyer.com.au

CMI Toyota 3 year roadside assistance, plus $500 of genuine Toyota accessories along with fleet discounts

20% discount on initial

Special rates for MPA Members on WHS & HR Services

Ph 0423 161 907 www.precision-hr.com.au

$150

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National Fleet discounts available on all vehicles

Ph: 1300 131 211

6% discount for Master Plumbers South Australia members This offer is exclusive to new Podium subscriptions. Ph 0488 851 748 or visit www.podium.com

PuBLIC HOLIDAy & EVENT CALENDAR 2023

JANUARY

Sunday 1 New Year’s Day

Monday 2 New Year’s Day (Additional Day)

Thursday 26 Australia Day

FEBRUARY

MARCH

Friday 3 Crucial Women in Construction High Tea

Saturday 11 World Plumbing Day

Monday 13 Adelaide Cup Day

Wednesday 22 World Water Day

Tuesday 28

Wednesday 29

Thursday 30

APRIL

Plumbing Roadshow (Port Lincoln)

Plumbing Roadshow (Port Augusta)

Plumbing Roadshow (Port Pirie)

Friday 7 Good Friday

Saturday 8 Easter Saturday

Monday 10 Easter Monday

Wednesday 19 Plumbing Roadshow (Victor Harbor)

Tuesday 25 ANZAC Day

MAY

Monday 1 May Day (NT)

Wednesday 3 Plumbing Roadshow (Clare)

Wednesday 10 Plumbing Roadshow (Murray Bridge)

Sunday 14 Mother’s Day

Wednesday 24 Plumbing Roadshow (Tonsley TAFE)

Wednesday 31 Plumbing Roadshow (Tea Tree Gully)

JUNE

Wednesday 7 Plumbing Roadshow (Gawler)

Monday 12 King’s Birthday

Wednesday 21 Plumbing Roadshow (Barmera)

Wednesday 28 Plumbing Roadshow (Moonta)

JULY

2nd - 9th NAIDOC Week

Wednesday 26 Plumbing Roadshow (Mt Gambier)

AUGUST

Monday 7 Picnic Day (NT)

1st – 31st Tradie’s National Health Month

SEPTEMBER

Sunday 3 Father’s Day

Thursday 14 R U OK Day

october

Monday 2 Labour Day

Friday 13 President’s Lunch

NOVEMBER

Saturday 11 Remembrance Day

Sunday 19 World Toilet Day

december

Sunday 24 Christmas Eve (from 7pm to midnight)

Monday 25 Christmas Day

Tuesday 26 Proclamation Day

Sunday 31 New Year’s Eve (from 7pm to midnight)

Sponsorship of Master Plumbers makes It possible for us to add significant value to the service we provide to our members. We wish to express our sincere appreciation to our Branch Sponsors for their generous support.

Please support them by purchasing their goods or services.

For further details on our industry partnership deals or products, contact Master Plumbers SA on 8292 4000 or admin@mpasa.com.au

www.mpasa.com.au

SA & NT INDuSTRy MEMBERS