Canberra Builder 3/2022

EDITION 3 / 2022 Master Builders Association of the ACT and Region Magazine

HARVEY NORMAN COMMERCIAL AND BOWERMANS COMMERCIAL FURNITURE CREATING STATE OF THE ART OFFICE SPACES MBA ACT GAME CHANGERS – FEATURING THE MBA MEMBERS WHO ARE ACHIEVING GREAT THINGS DESPITE THE CHALLENGES FACING THE INDUSTRY

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CONTENTS

MASTER BUILDERS ACT EXECUTIVE COMMITTEE President Frank Porreca Commercial Sector Representative Matthew Rayment Residential Sector Representative Jason Tanchevski Subcontractors and Suppliers Sector Representative Sarah Flanagan Civil Sector Representative Nick Zardo Professional Sector Representative Bryan Leeming CEO Michael Hopkins Extraordinary Committee Members Simon Butt Graciete Ferreira – MBA Australia Board Member Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyshwick ACT 2609 Tel: (02) 6175 5900 Fax: (02) 6280 9118 Email: canberra@mba.org.au Web: www.mba.org.au Magazine Editor Chelsea Mitchell Tel: (02) 6175 5973 Email: cmitchell@mba.org.au Advertising enquiries Tel: (02) 6175 5900 Email: canberra@mba.org.au Creative Consultant Pamela Slocum Mob: 0411 759 989 Web: pspamelaslocum.com Cover image supplied by Harvey Norman Commercial

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Harvey Norman Commercial and Bowermans Commercial Furniture helping create game changing office spaces.

NEWS & EVENTS

FOREWORDS A Message from the President

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In the News

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Revolutionising Carpentry Training: Where Passion Meets Planning

Frank Porreca looks back on the last 12 months at MBA ACT.

A Message from the CEO Michael Hopkins explains the key advocacy priorities heading into 2023.

OF INTEREST 12

We pause to honour a valued MBA Life Member and respected industry figure.

Innovation to Build On

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Read about four innovative ideas aimed at helping construction businesses. © This publication is copyright. No part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means including electronic, mechanical photocopy, recording or otherwise without the permission of the Master Builders Association of the ACT. Disclaimer: readers are advised that the Master Builders Association of the ACT cannot be held responsible for the accuracy of statements made in advertising and editorial, nor the quality of the goods or services advertised.

Opinions expressed throughout the publication are the contributors own and do not necessarily reflect the views or policy of the Master Builders Association of the ACT.

The Recipe for Success Pioneer Kitchens Canberra marks 30 years of MBA Membership.

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Discover the changes to the Certificate III in Carpentry qualification.

Contractor Vs Employee

Vale John Haskins

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Find out which MBA Members are making headlines.

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Read about a new approach to determining whether a relationship is of an employment or independent contractor.

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I hope to bring the same level of dedication to our organisation that John (Haskins) did throughout his career and into retirement.

A MESSAGE FROM PRESIDENT, FRANK PORRECA

In 2022 we Broke New Ground, Celebrated Milestones, and Farewelled a Life Member This year has been a huge year for Master Builders ACT with a full calendar of in-person events and training. We held our first in-person Excellence Awards in over three years, with Preferred Builders and DNA Architects earning 2022 House of the Year and Hindmarsh Construction Australia winning 2022 Project of the Year. We had over 1,400 people in attendance and the energy and excitement in the room was exactly what the industry needed after two lockdown periods.

The Group Training team has been working hard to transition apprentices to the new carpentry qualification, which you can read more about on page 28.

We also introduced a new Course in Crystalline Silica Exposure Prevention following the ACT Government releasing the Silica Action Plan earlier this year.

CONFERENCE We held our first conference this year, which discussed sustainability in: construction, technology and business. We had industry experts sharing their knowledge about cyber security, procurement values and sustainable construction and design. We also got to discuss the latest technology and innovations that are set to change the industry.

It was great to chat to members and event partners who are driven to create a sustainable future for our industry.

MEMBER MILESTONES To conclude the Conference, the 2022 Annual Dinner was held where my family business (Benchmark Projects) was honoured with a 30-year member milestone certificate. I was lucky enough to enjoy the honour on the night with my brother Nick and the powerful woman behind the business, my mother, Maria Porreca. My mother and father founded the business in 1991, and my mother is still involved with the business to this day. While my father Silvio passed away in 2017, his vision and legacy lives on through the lessons he taught my brother and I about the construction industry.

One of the big things that struck me on the night is the large number of dedicated, thoughtful people behind each business.

A massive congratulations to all members who are celebrating milestones this year and their teams. You can view the full list on page 47. I would like to make special mention of Holcim Australia’s incredible 55-year member milestone.

JOHN HASKINS AWARD At the Annual Dinner we announced a new award in honour of MBA Life Member and former MBA ACT President, John Haskins AM. John was also the founder of the MBA ACT Alumni Committee, and I’m going to miss John’s contribution around the table. I hope to bring the same level of dedication to our organisation that John did throughout his career and into retirement.

After an extremely busy and stressful three years, I hope all MBA Members take time to rest and recover over the Christmas and New Year period. I look forward to seeing or speaking with you all in 2023.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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We’ll continue work on attracting new entrants to the industry throughout 2023.

A MESSAGE FROM CHIEF EXECUTIVE OFFICER, MICHAEL HOPKINS

Advocating for Members is Our Number One Focus As we look to the end of 2022 and ahead at the new year, there are still a number of significant stresses facing our industry. Trade shortages are still being experienced across all sectors but we’re optimistic because we’re seeing an increased number of school leavers and mature aged people seriously considering a career in the construction industry. We held two carpentry careers evenings this year where we discussed the significant value of a career in construction. At both events we saw engaged attendees who had a strong interest in joining the industry. We’ll continue work on attracting new entrants to the industry throughout 2023.

THE NATIONAL CONSTRUCTION CODE (NCC) 2022 There have been a number of key advocacy priorities for our organisation over the last year that will run into 2023 and beyond. This includes the transition from the National Construction Code (NCC) 2019 to NCC 2022 which will see new livable housing requirements from 1 October 2023. There will also be a new 7-star minimum level of thermal performance required for new homes and stricter regulations for condensation management. Very shortly the ACT Government will consult with industry on the ACT Appendix of the National Construction Code.

In early 2023 we will run workshops to assist Members with transitioning to NCC 2022. In the meantime, members can contact our Workplace Relations and Legal team on (02) 6175 5900 if they have any questions.

ACT GOVERNMENT CONSULTATION The process to introduce new legislation regarding silica dust exposure has shown the impacts on our members and Government Directorates when industry consultation and engagement is performed poorly. The ACT Government required three attempts to draft silica dust regulations and it was only at the eleventh hour that Government officials met with our members to workshop improvements to the regulations.

We hope this recent experience does not become the new normal for ACT Government consultation. Moving into 2023 there will be a number of important reforms and issues for industry and government to jointly address, including: > Pathway to electrification and gas transition > Building reforms, including developer regulation, engineers registration, and discussion around various building practitioner roles > Planning reforms, including the finalisation of the draft Territory Plan, Technical Specifications and District Strategies > Procurement reforms > Programs to address skills shortages As a small Territory with two levels of Government, consultation with industry in the ACT should be best practice, but sadly the ACT Government is putting the speed of reform ahead of quality reforms.

Next year the MBA is ready to represent our industry in all of these discussions with Government and continue to be the leading voice for our industry and members.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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JOBS AND SKILLS SUMMIT UPDATE

Attending the summit on behalf of the Master Builders Association was an interesting exercise. I was invited to attend rather than our National CEO, Denita Wawn, who had been, and remains, actively involved in many of the issues, particularly industrial relations. The format was for panel discussion followed by invitations to provide comment or questions.

Unfortunately, MBA like some others, were not offered an opportunity to publicly put forward our views on any of the important topics. Whilst this was the case, and was a tad disappointing, our attendance was acknowledged through my brief interactions with the Prime Minister, Ministers, Chief Minister’s and Premiers.

INDUSTRIAL RELATIONS The Government is focussed on reversing the decline in enterprise bargaining and making better use of EBAs to drive productivity and real wage growth.

BY MASTER BUILDERS NATIONAL PRESIDENT, SIMON BUTT

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

A ‘Construction Industry Forum’ that would be a tripartite forum of union, business and government representatives is to be setup to consider and address issues common to building and construction, including mental health, safety, industry culture and gender equity. IR was not specifically noted as part of this forums remit.

WORKFORCE PARTICIPATION

The Government is focussed on reversing the decline in enterprise bargaining and making better use of EBAs to drive productivity and real wage growth.

Another key theme at the Summit was increasing workforce participation, particularly for people with a disability, from indigenous and non-English speaking backgrounds, older workers and women.

The lived experiences shared by the panellists were deeply moving and highlighted that in a supportive workplace disadvantaged people will not only survive, but they will thrive.

MIGRATION

SKILLS Skills was a central underpinning theme of the Summit. Our industry’s future dependency on a skilled workforce cannot be overstated: > Jobs and Skills Australia - MBA supports JSA working collaboratively with industry, unions, and the state, territory and federal governments on workforce analysis, strategy, and capacity building. > The announcement of an additional $1 billion in joint Federal-State funding for fee-free TAFE in 2023. > MBA’s concerns regarding low apprentice completion rates and the need to reinstate wage subsidies were echoed by many of the participants. > The influence of technology and data on jobs and industries was noted.

Current skills shortages exist across vast occupations and sectors and exceed our domestic workforce capacity.

International migration is critical and the number of workers entering our country needs to increase. The announcement that the permanent migration cap for this year will be lifted 195,000 was welcome. They also announced $36.1 million to improve visa processing and timeframes.

All in all, it was still a great opportunity for Master Builders Australia’s to be present during the discussions.

Simon Butt will be concluding his presidential term in 2022 after being elected in 2019.

The Master Builders ACT Team would like to thank Simon for his hard work and dedication to our organisation in his role as National President.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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Vale John Haskins AM A Man whose Legacy Will Stand the Test of Time Former Master Builders ACT President John Haskins AM passed away on 14 June 2022. John was President of MBA ACT 1993-1998 and for two interim periods in 1999 and 2013-2014.

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

John contributed substantially to the Master Builders movement at a state, national and international level. He was known amongst industry as a man of integrity and by former MBA staff as a steady hand during tricky times for the industry.

John was elected as the 36th International President of the Asia Pacific Contractors Association in March 2006. He served as Chair of the Land Development Agency Board from 1 July 2007 to 30 June 2010. John also served as Chair of the ACT Gambling and Racing Commission Governing Board for five years, completing his term on 23 November 2017. From 2010 to 2013, he served as EPIC Board Chairman. John also served on the Cbus Board of Directors for 10 years. He was also a member of The Construction Industry Long Service Leave Board and co-chairman of the National Skills Forum Building and Construction.

John was recognised with the Member of the Order of Australia medal (AM) in 2009.

John was recognised with the Member of the Order of Australia medal (AM) in 2009. The medal was awarded for his service to the building and construction sector through executive roles with industry organisations, and to the community.

Former Master Builders ACT President David Dawes spoke of his friendship with John saying, “I first met John when I was employed at the Master Builders Association in 1994 and we have been firm friends ever since. He has been a mentor and a tower of strength to me through many of life’s tricky situations.”

David described John’s unwavering integrity saying, “John was a man of his word and his integrity was beyond reproach. His handshake was his bond and he would never renege. I recall his company sold a block of land near Wyong and he shook hands on the deal with a local developer. Before contracts were signed he was offered an additional million dollars by another developer, but as he had agreed to the price he stood by it.”

Former National CEO of MBA Australia, Wilhelm Harnisch, worked with John at various points in his career through their shared connection to Master Builders. Wilhelm described John as the ultimate professional saying, “John became my mentor, guiding me in the role of CEO. Thank you John for the many pieces of advice that you offered, which have held me in good stead during my corporate career.” John and Wilhelm shared a belief in the importance of Master Builders, a belief which fueled a thriving friendship, “Over the years, John and I kept in touch and became friends – we had many a hot chocolate, cakes and lunch at the Campbell shops where we swapped stories about the good old times we had at Master Builders,” Wilhelm shared.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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Wilhelm explained, “I will remember John, above all as a person of integrity and someone who always cared about others.”

John’s commitment to the industry was unwavering, and in 2013 when he was asked to step in as interim MBA ACT President he wrote in his message in Canberra Building News, “I conclude by again acknowledging those who have entrusted me with this role and I look forward to doing all within my power to make sure the industry and our members get the best deal out of those who make the decisions that impact on the way in which we do our business.” That was a promise John lived by throughout his career and in his work as the head of the MBA Alumni.

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

John was a true gentleman who embodied every quality we want our members to hold, honesty, integrity, trustworthiness and a passion for construction.

John’s construction industry legacy will live on through his grandsons Lachlan and Matthew Haskins who run a civil construction company called Complex Co. He is also survived by his wife Fay, his children and grandchildren.

Master Builders ACT has launched the John Haskins AM Award which will be bestowed annually to a deserving member of the ACT construction industry who has shown exceptional leadership qualities and provided a massive contribution to the industry.

Master Builders ACT CEO, Michael Hopkins, said of John’s passing, “John was a true gentleman who embodied every quality we want our members to hold; honesty, integrity, trustworthiness and a passion for construction. The Master Builders ACT team extend our deepest sympathies to the Haskins family, John will be sorely missed. We’re proud to have his legacy ingrained in our history.”

It was known by family, friends and colleagues that John would always arrive at least 15 minutes early to every meeting and prided himself on his punctuality. Those that had the honour of knowing John would join us in wishing he could have been late to this final appointment.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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THE INAUGURAL MBA Conference

has put this theory into practice with their Cupolex domes which are made from 100% recycled plastic providing a more environmentally-friendly alternative to the usual wafflepod foundation.

There was also a presentation led by ACT Chief Engineer, Adrian Piani, about the ACT Government Procurement values. He discussed the values that are expected of all businesses tendering for ACT Government projects.

On the 3rd and 4th of November 2022, Master Builders ACT and Conference Partner, Procore, held the inaugural MBA Conference which focused on sustainability in: construction, technology and business. The event was emceed by TV Presenter and Reporter, Stephanie Brantz, at the Hotel Realm in Barton. Across two days, attendees were joined by insightful presenters and inspired to find sustainable solutions to their business practices.

Adrian also discussed the actions the ACT Government are undertaking to create a more sustainable future.

One of the key concepts covered by many of the presenters including Professor Veena Sahajwalla, was the circular economy. The idea of a circular economy involves sophisticated planning to ensure all potential waste can be successfully reused to continue the lifecycle of those materials. Conference partner, CE Construction Solutions,

> Phasing out light ICE vehicles by 2035

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

These actions include: > Electrifying Canberra and transitioning away from the use of fossil-fuel gas by 2045 > Aiming for 80-90% of light vehicle sales being zero emission vehicles by 2030

> Amending planning regulations to remove the mandating of reticulated gas in new suburbs > Ensuring all new ACT Government buildings and facilities are zero emissions, including new leases

A few things businesses can do to improve their cyber security includes: > Installing and using secure password management software > Enacting two-factor authentication on all devices and programs

By being conscious of the ACT Government’s values and priorities, businesses can sufficiently prepare evidence to prove they meet the values when submitting a tender for a ACT Government project.

In another session, NAB Senior Consultant in Security Advisory and Awareness, Winston Lewinsmith, discussed the need for businesses to make their cyber health a priority.

> Encouraging staff to practice caution when supplying financial or confidential information > Follow up financial requests sent via email or text with a phone call to verify the authenticity of the sender (even if it is a known number or email address) The conference encouraged attendees to assist in a creating a sustainable future for construction, and Master Builders ACT will continue finding ways to assist members in this pursuit.

THANK YOU TO THE CONFERENCE SPONSORS:

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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INNOVATION TO BUILD ON Master Builders ACT partnered with the Canberra Innovation Network (Cbrin) to deliver a networking event where MBA Conference attendees heard from four inventors about their game-changing ideas.

These four ideas all aim to provide sustainable change for businesses in the construction industry.

POWERHAUS ENGINEERING

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Evalue8 empowers businesses with the ability to shape the future of our planet through technology.

They can help businesses achieve net-zero in a day or demonstrate clear progress over time towards their own reduction targets.

Contact our team to see if we’re the fit to help you build smarter.

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

They do this by automating the carbon accounting process and easily identifying cost and carbon saving opportunities, Evalue8 allows you to track your emissions and demonstrate your progress to achieving genuine decarbonisation.

To find out more contact Ilea Buffier, founder and CEO at ilea@evalue8.net or visit our website at evalue8.net.

MY GREEN BUTLER

SCRATCHIE CANBERRA

Over 80% of travellers want to stay in sustainable tourist accommodation, and businesses across the world must now cut carbon and costs to survive and meet government regulations.

Problem: Safety in construction is not improving

My Green Butler revolutionises sustainability and accommodation by involving everyone in saving. Live resource usage, eco-feedback, and gamification motivates guests, staff, and management, saving over 35% in resources, cost, and carbon.

My Green Butler monitors electricity, water, gas, temperature, and more, and automates ESG reporting.

We are implemented with ease into existing or new builds and are appropriate for all types of infrastructure – hotels, apartments, lodges, offices, homes, and schools.

Website: www.mygreenbutler.com Email: maxwell@mygreenbutler.com Phone: 0437 161 574

Builders spend a lot of time and money on safety. Yet recently, Safe Work Australia data shows that safety at work has not improved over the past seven years. A report

by McKinsey found this was due to an overwhelmingly negative environment around safety. The report suggested rewarding safety, rather than punishing its absence.

Solution: Reward safe work Rewarding safe work is now possible and very easy.

Canberra-based startup Scratchie offers an app that allows supervisors to reward workers, on the spot, for safe work. Tested by Laing O’Rourke, John Holland, Richard Crookes and others, the results are overwhelmingly positive: a 26% improvement in safety attitudes amongst workers, supervisors save 1-2 hours per week, and clients (particularly large owners and government) are more likely to award tenders to builders that demonstrate safety initiatives. Scratchie even has a free option.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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New Name, New Direction.

CANBERRA CONSTRUCTION RECYCLERS, formerly Canberra Concrete Recyclers, specialise in demolition and construction waste management, throughout industry lifecycles.

Recognising that Construction is the single largest consumer of raw materials – accounting for a large percentage of carbon emissions – CCR has developed efficient and effective recycling services specifically for the industry. This enables the construction industry to take a more responsible approach to waste management.

WASTE MATERIALS, RECYCLED, REUSED

CCR offers a wide range of affordable building and landscaping supplies.

The broad client base, made up of small, medium and large business, as well as contractors and home owners, collectively recognise CCR’s tangible value to the environment, and their bottom line.

Join the Construction Life Cycle.

Sell. Buy. Save.

Recycle And Reuse.

Gate 384, Pialligo Avenue, Canberra Mon – Fri 7.00 - 4.30 Sat 7.00 - 12 noon PHONE (02) 6249 7427 EMAIL customer@ccract.com.au EPA licenced construction waste recycling depot — authorisation number 0581 • Registered ACT public weigh bridge facility. Licences - Material In 0330 — Material Out 0379

The Master Builders Fidelity Fund was established in 2002 to protect the interests of builders and home owners in the ACT. Income received by the Master Builders Fidelity Fund remains in the ACT, and is securely invested, and used for the betterment of the ACT building and construction industry.

The Fund issues Fidelity Certificates which provide protection for new homes or those making substantial changes, if the builder dies, disappears or becomes insolvent.

The Certificates protect the owner during construction and for up to five years from the date a Certificate of Occupancy is issued.

Members of Master Builders ACT receive reduced premium rates.

For more information, please contact the Master Builders Fidelity Fund.

MBA Members in the News

MBA Members Take a Kulture Break A number of MBA Members took on the Kulture Break 24-hour Movement Challenge to raise funds for mental health and wellbeing programs. The challenge involves a team of ten participants moving for a 24-hour period by exercising, dancing and playing sport, with a minimum of five people participating in the challenge at a time.

Congratulations to Harvey Norman Commercial, Trinity Law and Amalgamated Property Group for supporting a very worthy cause.

A Step in the Right Direction Several MBA Members decided to take on the Menslink Canberra Centenary Trail which involves completing a 142km trek across five days.

Together MBA Members and partners raised over $44,000 which will go towards Menslinks valuable programs.

Well done to the Members and partners who participated: > Paul Eccles – PSC Insurance Brokers > Nick Georgalis – GEOCON > Amber Wang - SHG Lawyers

OzHelps partners with Master Builders ACT for Safe Work Month For Safe Work Month in October, OzHelp partnered with Master Builders ACT to deliver a Q & A with former Canberra Raider, Sia Soliola. With breakfast burritos and coffees flowing, attendees were able to discuss the best ways to support their teammates in a relaxed environment.

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

Find out about the MBA Members making headlines with their work in the community.

MV Law Reaching New Heights Archie Tsirimokos, partner at MV Law, recently raised over $30,000 for Canberra Hospital by abseiling down a building at Canberra Hospital. All funds raised went towards vital research, purchasing speciality medical equipment, therapeutic programs and other necessities.

Off to the Right Start Monarch Building Solutions and Harvey Norman Commercial partnered up again this year to deliver another 14 Home Starter Packs for Karinya House.

Karinya House offers much-needed support for women in crisis through a range of valuable programs and services.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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REVOLUTIONISING CARPENTRY TRAINING Where Passion Meets Planning

“MBA ACT is ensuring that the apprentices who are enrolled with us, stand the best chance of becoming highly skilled carpenters.”

BY CARPENTRY TRAINING MANAGER, SAM REYNOLDS-SMITH

WHAT IS THE UPGRADE TO THE CARPENTRY QUALIFICATION? In order for apprentice carpenters to become qualified, they are required to enter a training contract to complete the qualification: Certificate III in Carpentry.

Periodically the powers that be, the Industry Skills Council, will change or “upgrade” the qualification in order to better suit our ever-changing industry.

The washup – the current qualification, CPC30211 Certificate III in Carpentry will become invalid shortly, which means that after 27 November 2022, any RTO which chooses to train apprentice carpenters, needs to comply with the new qualification, CPC30220 - Certificate III in Carpentry. The devil is in the detail, because whilst the code changes only slightly – what the code encompasses is immense.

HOW IS THE QUALIFICATION BROKEN DOWN? CPC30220 comprises of 34 Units of Competency, which is 4 more than the last qualification. These are the subjects which apprentices are taught and will become competent in, during the three year training program of their apprenticeship.

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

Each Unit of Competency has set criteria which must be achieved by each candidate (ASQA refers to apprentices as candidates) in order to achieve competency.

Within these subheadings are the particulars of the subject itself – the nitty gritty of the requirements of things like hanging a door, setting out a building or erecting roof trusses. There’s an enormous amount of information and requirements which need to be met – which then needs to be trained – which then needs to be assessed.

WHAT DOES THIS MEAN FOR APPRENTICES? MBA has made a choice to train and assess all 34 Units of Competency at our training facility. This is a decision which is quite different to many other RTO’s training the same qualification. Whilst others have chosen to “gather evidence from site” or “carry out site assessments”, MBA has made the commitment to ensure that each carpentry apprentice is comprehensively trained in every required aspect of every Unit of Competency before being assessed. All of this happens in our workshop and extended training facility. This means that MBA is ensuring that the apprentices who are enrolled with us, stand the best chance of becoming highly skilled carpenters.

“Knowing this, it is my opinion that MBA ACT is the best Carpentry training provider in the territory and the MBA carpentry trainers and support staff are the best team in the region.”

WHO IS RESPONSIBLE FOR THE TECHNICAL INPUT OF THE QUALIFICATION UPGRADE? MBA and myself are incredibly fortunate to have a team of carpenters who excel in their professions of training assessment. The information, the quality, the energy, and experience which Malcolm Beer, Scott Bird, Jack Gane, Dave Penny and Ben Scanlon bring to the upgrade is priceless. They are responsible as the Subject Matter Experts for how a lesson is planned, how a subject is learned by an apprentice and the size and shape and complexity of practical training and assessment required to ensure successful skill building.

Just as the trainers have proven the success with the current qualification, through delivery and execution; the new qualification they are currently designing is proving to be the most thorough carpentry training package we have seen.

Knowing this, it is my opinion that MBA ACT is the best Carpentry training provider in the territory and the MBA carpentry trainers and support staff are the best team in the region. I would like to make special mention of MBA Learning and Development Coordinator, Sharron Emmerton, for her patience and diligence in working with the carpentry trainers on this work. Sharron’s role in delivering the compliance component of this new qualification has been invaluable. Thanks to the tireless effort of the admin team and the carpentry trainers, we are excited to deliver a new qualification that will reflect the new demands of carpenters in the industry. The undeniable reason that the trainers work so hard for Master Builders – is to produce the best carpenters in the Territory. The tremendous amount of effort the entire Group Training team has put into transitioning to this new qualification, will be seen in the high-quality of tradespeople that will emerge from our organisation in coming years.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

29

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Celebrating a VALUABLE ASSET Asset Construction Hire Marks Five Years of Premium Partnership with Master Builders ACT

32

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

This year Master Builders ACT is celebrating five-years of partnership with Asset Construction Hire, with their team first signing on as a Premium Partner back in 2017. They have been an MBA Member for a decade now, and have been involved with many Master Builders ACT events including the Apprentice Training Awards, Open Days, Carpentry Careers Evenings and the MBA Tradie Golf Day. Asset Construction Hire has signed on for an additional five years of partnership, staying on as the naming rights sponsor of the Master Builders and Asset Construction Hire Excellence Awards.

The next biggest development for their team will be the launch of a brand new 7 day 4000sqm depot on Cessnock Street in Fyshwick. This branch will cater to builders needing self-collect gear, tools, excavators, generators, bobcats, site facilities and more. Need More? Asset Construction Hire.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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CONTRACTOR VS EMPLOYEE:

A New Approach to Determining Whether a Relationship Is of An Employment or Independent Contractor

Up until February this year, whether a relationship is of employment or independent contracting needed to be assessed by applying the multifactorial test. The relevant factors include, but are not limited to: > The intent of the parties in entering into the contract > Arrangement for payment and taxation > The method and level of control over the work > How the worker engaged is presented to the public > Whether the worker engaged to provide the services is an individual or a legal entity > Whether the worker engaged has the ability to subcontract

36

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

In February this year, the High Court handed down two landmark decisions, CFMMEU v Personnel Contracting Pty Ltd (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek (Jamsek), clarifying the difference between employees and independent contractors.

In Jamsek, two truck drivers were originally engaged as employees by a lighting company. After eight years of employment with the company, they (and three other truck drivers) were offered the opportunity to become contractors. The two truck drivers agreed with the offer and set up partnerships with their wives. Written contracts were executed and the partnerships invoiced the company.

After 32 years of providing delivery services to the company,

the engagements were terminated. The two truck drivers then commenced legal proceedings seeking a declaration that they were owed statutory entitlements. The primary Judge determined that the truck drivers were independent contractors. On appeal, the Full Federal Court found that the truck drivers were employees based on an assessment of the totality of the relationship. On the subsequent appeal, the High Court found that the two truck drivers were independent contractors.

In Personnel Contracting, a British backpacker was engaged by a labour hire company to work for a builder. The backpacker signed a contract with the labour hire company as a “self-employed” contractor. No written contract existed between the worker and the builder. The primary judge relied heavily on the description in the written contract and ruled that the worker was a contractor. The High Court subsequently overturned the decision and found that the worker was an employee of the builder. Although the written contract described the worker as a contractor, there was no written contract between the worker and the builder. Therefore, the multifactorial test was still relevant in determining the relationship between the worker and the builder.

The key difference between Jamsek and Personnel Contracting is that in Jamsek, the parties had a written contract defining the relationship as a contracting one, whereas, in Personnel Contracting, there was no written contract describing the relationship between the parties. In addition, in Personnel Contracting, the worker had no control over what work he performed and how, and the worker was an individual who was not in business on his own account.

DELIVEROO CASE: THE FIRST CASE OVERTURNS FWC RULING THAT A WORKER WAS AN EMPLOYEE APPLYING PERSONNEL CONTRACTING AND JAMSEK DECISIONS In Deliveroo’s case, the gig worker’s engagement was governed by a written contract comprehensively setting out the rights and obligations of the parties. After the engagement was determined, the delivery driver made an unfair dismissal claim to the Fair Work Commission. Primarily, the Fair Work Commission determined the worker was an employee and was unfairly dismissed. In September 2020, on appeal, the Full Bench of the Fair Work Commission overturned the primary decision and determined the delivery driver was an independent contractor and was not afforded protection from unfair dismissal under the Fair Work Act 2009 (Cth).

WHY DO EMPLOYERS NEED TO KNOW THE DIFFERENCE BETWEEN EMPLOYEES AND CONTRACTORS? Knowing whether your relationship with your workers is one of an employee or contractor is important as there are specific obligations owed to one another. An employer has an obligation to provide entitlements to an employee in accordance with National Minimum Standards and applicable award or registered instruments (e.g. enterprise agreement).

An employer also has an obligation to make superannuation contributions and remit tax on behalf of their employees.

Employers may also be responsible for the actions of their employees. For example, they can be liable for the wrongdoing of their employees while they are at work.

Failure to provide the required rates of pay, penalties, leave and other applicable entitlements under the Fair Work Act 2009 (Cth) may result in an employer being found in breach of the Act and subject to significant back-pay liability and penalties.

Employees owe their employers a duty to perform the work, act in the best interest of the employer, and to maintain the confidentiality of confidential information of the employer amongst other duties.

These duties and obligations are specific to the employment relationship and are not owed by or to independent contractors, interns, volunteers, students, etc. As such, it is crucial for employers to understand whether there is an employment relationship, so they know the legal implications and can manage the relationship accordingly.

IF YOU ENGAGE A CONTRACTOR, HAVE A WRITTEN CONTRACT These decisions provide a new approach to the question of whether a worker is an employee or an independent contractor. The analysis is simplified where the parties’ relationship can be determined by the reference to terms of a written contract. This means if you have a written contract with your independent contractors setting out the terms of engagement are of contracting, you would be well covered.

However, simply labelling the arrangement as independent contracting doesn’t wholly define the relationship. The terms of the arrangement are important, and they should reflect the terms of a genuine independent contract arrangement.

Don’t impose any employment-like terms in your independent contractor agreement as it may result in a sham contracting.

If you have any questions please contact the Workplace Relations and Legal team on (02) 6175 5900.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

37

Since 1990 Canberra Outdoor Structures has been making backyard dreams a reality. This reputable business provides a variety of outdoor timber and carpentry services right across Canberra, regional NSW and down to the south coast, with plenty of opportunity for further growth.

Known and trusted for years, this business experienced exponential growth since the beginning of the pandemic with the accelerated need for home offices. With over 30 backyard studios and cabins currently in progress, and books filled for the next 6 months, the need for extra space right in people's backyards remains strong.

Canberra Outdoor Structures is now taking expressions of interest for prospective new owners interested in leading this business into a new era.

To discuss this exciting opportunity, contact Murray on 0428 488 531 or at murray@canberraoutdoorstructures.com.au

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As a true family home, it offers four bedrooms with a luxury his and hers master suite, study, two living areas, large butlers pantry and indoor-outdoor living.

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The People’s Choice for Toyota.

Master Builders ACT members will receive Gold Fleet discount pricing on all models at National Capital Toyota in Greenway.

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The Recipe for Success PIONEER KITCHENS CANBERRA Marks 30 years of MBA Membership

As one of the largest locally owned kitchen and joinery

Their range of services include:

companies in the ACT, Pioneer Kitchens Canberra

> Design and quote services

has spent more than 30 years creating luxury kitchen, renovations and joinery for their clients. Pioneer Kitchens

> Design consultations by appointment

Canberra focus on high quality workmanship and take

> Custom design and plans to suit any space

pride in offering clients their expertise and exceptional customer service throughout the building process. The

> 3D rendered images

team has grown to now include 45 staff members.

> Renovation services

At the forefront of collaboration and innovation, Pioneer

> Full project management

Kitchens Canberra work with builders and developers

They work with their clients to deliver projects with widely varying demands, from building a new bespoke kitchen island to enhancing functionality in existing spaces to creating a brand-new kitchen from scratch. But across all projects the team has a huge focus on high-quality materials and expert craftsmanship.

across the ACT and NSW region to create the kitchens and renovations of their clients’ dreams. In 2018 they won Kitchen Project less than $30,000 with Blackett Homes at the Master Builders and Asset Construction Hire Excellence Awards.

44

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

MEMBER MILESTONE

3EA0RS

Y

When considering their favourite part of being an MBA Member the Pioneer Kitchens Canberra team said, “Their continued support, leadership and acknowledgements of all achievements across the industry. Whether it be big or small, their ongoing services in all areas assists in guiding us to teach and practice key points in our business.”

The team’s goal for the future is, “To grow in the industry. The ability to service and maintain our current clientele and provide the customer service, knowledge and inspiration for all not only in terms of joinery but all areas of design and interiors.”

Congratulations to Pioneer Kitchens Canberra for reaching this outstanding milestone.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

45

55 HOLCIM (AUSTRALIA) - ACT

2022 Master Builders ACT MEMBER MILESTONES Congratulations to all MBA Members celebrating major membership milestones this year.

40 T.OK CARPENTRY & PARTITIONING PTY LTD BELCONNEN CONCRETE

35 OZTAL ARCHITECTS PTY LTD BMT CORPORATIONS PTY LTD WATERLAND PTY LIMITED

30 LAMINEX PIONEER KITCHENS CANBERRA ANITA CONSTRUCTIONS PTY LTD CHINCIVIL PTY LTD BENCHMARK PROJECTS

46

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

25

20

BELLEVUE BUILDING PROJECTS PTY LIMITED

VEMIRA DESIGN PTY LTD

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

47

The 2022 Master Builders and Asset Construction Hire

WINNERS FEATURE

The Master Builders and Asset Construction Hire Excellence Awards showcase the very best in Residential, Commercial and Civil construction. Preferred Builders and DNA Architects delivered the 2022 House of the Year in Red Hill and Hindmarsh Constructions Australia created the 2022 Project of the Year, ANU Physics.

CONGRATULATIONS TO THE FOLLOWING MBA MEMBERS WHO

Cindy Murphy, Country 2 City Metal Roofing

IN THIS YEAR’S AWARDS:

Complete Property Projects, The Dept. of Design and Architects Ring & Associates, Barton

360 Building Solutions and Light House Architecture & Science, Evatt

Complex Co, Belconnen Arts Centre Foreshore Path Link

360 Building Solutions and The Mill: Architecture + Design, Denman Prospect

Complex Co

DELIVERED AWARD-WINNING PROJECT

Guideline ACT, Naas Road Bridge Hindmarsh Construction Australia, ANU CECS Birch Building Refurbishment Hindmarsh Construction Australia, ANU Physics Imagine Building Concepts, Tempus, Turner

ACT Renovations, Jerrabomberra

Complex Co, Major Projects Canberra and Environment, Planning and Sustainable Development Directorate, Namarag

AMA Projects, Sirius Building New Ways of Working

Construction Control Australia, DHA Development, Gungahlin

Artisan Exterior Blueprint Projects (ACT), Rivett

Core Building Group, The Dept. of Design and Capital Veneering, Sutton

Manteena, Burgmann Anglican School - Middle School Design Hub

Braithwaite Building and de Rome Architects, Lyneham

Core Building Group, TT Architecture and The Dept. of Design, Sutton

Martin Cairns, Built

Brema Group, 19 National Circuit, Barton

Daniel Fitzpatrick, MegaFlora Group

McDonald Jones Homes, McDonald Jones WHS

Built, National Museum of Australia

Emily Shoemark, Snedden Hall & Gallop

MegaFlora Group, Ainslie

Canberra Contractors, Village Building Co and Spiire, South Jerrabomberra Civil Hydraulic Services

FDC Construction & Fitout (ACT), Ashurst Lawyers

MegaFlora Group, Crace

Able Landscaping, A&A Wonderschool

48

GEOCON Group, Metropol

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

Inspired Building Group, Lawson Joanne Farrell, Kane Constructions Joss Construction, Evelyn Scott Preschool to Year 10 Madison Williams, Complex Co

Monarch Building Solutions, Aria, Denman Prospect

Monarch Building Solutions, O’Connor Monarch Building Solutions and The Dept. of Design, Brunello Monarch Building Solutions and Turco and Associates, Pialligo Animal Referral Hospital Noble Constructions and Neighbourhood Architecture, Denman Prospect Parliament Constructions, Gungahlin DHA Defence Housing Australia, Fitout PBS Building (ACT), Goodwin Farrer Independent Living and Residential Aged Care Development NAMING RIGHTS SPONSOR

PBS Building (ACT) and Turco and Associates, Braddon

REP Building and Studio Black Interiors, Aranda

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Preferred Builders and DNA Architects, Red Hill

Sunny Homes ACT, Watson

Project Coordination (Australia), AEIOU Autism Centre Raw Building Industries, Curtin REP Building and Archertec Interiors, Griffith

Sunny Homes ACT, 21/98 Taylor Sutton & Horsley and Paul Tilse Architects, Griffith Walmsley Building Solutions, O’Connor Wodens, Northbourne Avenue Rehabilitation Stage 2 & 3 Wodens, Whitlam Estate 2C

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

49

SKETCHING THE OUTLOOK TO 2026 An Economic Update by MBA Australia Chief Economist, Shane Garrett

October’s federal budget was a housingheavy affair and included a number of initiatives which will attempt to boost the pipeline of new home building and remove some of the obstacles which have persistently impeded the creation of new homes. The new national Housing Accord (to which Master Builders is a signatory) has committed state, territory and local governments as well as large investors like superannuation funds and the building and construction industry to do more on a range of issues. The Accord also sets a target of one million affordable, well-located homes to be built over five years from 2024. From an ACT perspective, most interesting is the goal to accelerate the process of land release.

50

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

Ahead of the federal budget, Master Builders Australia published its latest set of building and construction forecasts to 2026 for each of the eight states and territories. In this context, it is worthwhile to ponder how the next five years might pan out locally.

Of all the states and territories, the ACT benefitted least from Covid-related stimuli like HomeBuilder. This was because of the relatively high price level in the territory as well as the structure of new home building with its strong dependence on higher density projects. In 2021, detached house building starts recorded their highest ever result across Australia. However, the ACT’s 1,660 new houses last year were a modest return by historical standards.

The short-term pipeline of detached house building in the ACT indicates that the number of starts is likely to fall back by around 12.0 per cent during 2022 overall. Further out, detached house building in the ACT is likely to recover to about 1,730 by the end of the forecast horizon in 2026.

Such a volume of new detached house building would be a little higher than the long-term average for the ACT. Demand is likely to have received a permanent boost thanks to changes in housing preferences during the pandemic. However, the very tight land market in the ACT is likely to constrain house building over the years ahead.

Of course, medium and high-density home building is at the heart of the ACT’s residential market. Growth has been strong over the last few years: a 19.4 per cent increase during 2021 drove total apartment/unit starts to 4,250 for the year. This represents one of the strongest annual performances on record for this category of building. The combination of rising interest rates and softer house prices will make it more difficult for new higher-density homes to get over the line. As a result, a downturn in activity is expected to set in and reach a conclusion sometime in 2024. From then, declining interest rates will spur recovery and result in over 4,200 new starts during 2026.

Home renovations in the ACT bucked the national trend and dropped back by 5.1 per cent during 2021. The market is on course for further declines during 2022 and 2023, but a minor bounce will probably kick in during 2024. One of the difficulties for the ACT renovations market is the small volume of houses in the key renovations age bracket over the coming years.

Non-residential building in the ACT is in the process of a slump. The volume of work shrank by 3.2 per cent during 2021, and leading indicators suggest that activity will lose

Ahead of the federal budget, Master Builders Australia published its latest set of building and construction forecasts to 2026 for each of the eight states and territories.

Overall, total construction activity in the ACT is set to grow modestly over our forecast horizon: from $3.64 billion in 2021 to $3.87 billion in 2026.

an additional 11.5 per cent during 2022. Some bottoming out is likely to occur in 2023 before growth resumes in 2024.

Nationally, industrial building projects have been strong performers, but the lack of a significant base in this area means that the ACT has not really benefitted from this dynamic.

Prospects are more favourable for the civil and engineering construction part of the market, especially as the bulk of the Light Rail Stage 2 work awaits. In 2021, engineering construction expanded by 10.3 per cent in the ACT, with $674.2 million worth of work being completed. The ramping up of the light rail project will drive stronger activity over the next couple of years. Our expectation is that engineering construction activity will peak during 2024 at around $972.7 million. The tapering off of works on Stage 2 of the light rail project will then result in lower amounts of activity during 2025 and 2026. The total volume of engineering construction work in the ACT in 2026 is projected to be about 7 per cent down from what the output was during 2026. This will involve about $840 million worth of work.

Overall, total construction activity in the ACT is set to grow modestly over our forecast horizon: from $3.64 billion in 2021 to $3.87 billion in 2026. This is equivalent to an expansion of 6.1 per cent in local market activity.

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

51

2019 INCENTIVES UP TO 2022 Employ an Australian Apprentice in the following certificate III trades in 2022 • Bricklaying / Blocklaying • Civil Construction – Various • Construction Waterproofing • Flooring Technology • Locksmithing • Painting & Decorating

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SKILLS SHORTAGE IS A SUBCLASS 482 VISA THE ANSWER?

The skills shortage in the construction industry is an issue which many businesses in the ACT are facing. The MBA has recently estimated that the industry will need 477,000 workers to enter the industry in the next four and a half year to meet forecast growth and replacement.1

TRADE

Building and Engineering Technicians Building Inspector Cabinet maker Carpenter

WHAT ARE THE OPTIONS?

Civil Engineering Technician

Some are initiated by the visa applicant themselves and are “independent” of any particular employer.

However, many skilled migrants arrive in Australia on visas sponsored by an employer. In FY 2020-21, 23,503 Employer Sponsored visas were granted (out of a total of 160,052 granted across all non-humanitarian categories). The 482 (formerly the 457 visa) is the main vehicle for employer – sponsored visas in Australia. This Visa is also referred to as a Temporary Skill Shortage Visa.

WHAT IS A 482 VISA?

MEDIUM TERM VISA?

Architectural, Building and Surveying Technicians

The solution to this issue is likely to be multi-faceted, with focus being given to improving apprenticeship completion rates, promoting female participation in the industry and working on retention of key staff. One solution which businesses may not have considered which is now again an option as borders reopen, is sourcing skilled workers from overseas.

Skilled workers come to Australia on a variety of visas.

SHORT TERM VISA?

Carpenter and joiner Civil Engineer Civil Engineering draftsperson

Construction Estimator Construction Project Manager Joiner Project Builder Quantity Surveyor Sheetmetal Trades Worker Obtaining a subclass 482 visa is a three-stage process:

This temporary visa lets an employer sponsor a suitably skilled worker to fill a position they can’t find a suitably skilled Australian to fill. This type of Visa is broken down into:

1)

The employer applies to the Department of Home Affairs to be approved as a subclass 482 sponsor (standard sponsor);

> Short-term stream – the employee can stay for up to 2 years

2)

Once approved, the employer has to ‘Nominate’ a particular position which it has not been able to fill in the local labour market;

3)

Only then does the employee apply for the subclass 482 visa.

> Medium-term stream - the employee can stay for up to 4 years (and may be sponsored for permanent residency) An employee can only be sponsored on a visa by an employer if they have an occupation that is listed on the “Skilled Occupation List”. This list is published and updated by the Department of Employment, and reflects the various professions and trades deemed to be currently “in demand” by the Australian economy. Examples of some trades and professions in the building and construction industry currently listed for the 482 Visa include:

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MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

MINIMUM EMPLOYMENT CONDITIONS In common with all other employees in Australia, any employment relationship involving a subclass 482 holder (or any visa holder) is regulated by the Fair Work Act 2009.

This includes an entitlement to employment that is consistent with the National Employment Standards (NES). The NES

are 11 minimum employment entitlements that have to be provided to all employees.

MORE INFORMATION

Some additional requirements specific to 482 visa holders include:

If you think your business could utilize overseas workers to help meet the skills shortage, whether under a 482 Visa or another type of Visa, Snedden Hall & Gallop has a specialist Migration Law Team who would be happy to discuss with you further

> any employee on a subclass 482 visa must be paid a salary at least equal to the “TMSIT”. This is the ‘Temporary Skilled Migration Income Threshold), and it is currently set at $53,900 plus superannuation. > the sponsored employee must be employed full-time (at least 38 hours per week), and they must be contracted to work for the duration of the visa grant.

Migration Team details:

> the sponsored employee must work only for their 482 sponsor while holding that visa.

OBLIGATIONS OF A SUBCLASS 482 SPONSOR Where a sponsorship is approved, the sponsoring business that employs a 482 visa holder, must comply with the following obligations: > the sponsor must be able to show that a 482 sponsored employee will be employed on the same terms and conditions that an equivalent Australian employee would receive. > the sponsor must be able to show that they have engaged in ‘Labour Market Testing’ (LMT) – that is, advertised the position for at least four weeks, and found no suitable local candidates.

GERALD SANTUCCI geralds@shglawyers.com.au 02 6285 8050

There are some exceptions to the above and they depend on certain migration instruments regarding the country from which a worker is applying, the skill they have and sometimes their age.

ISSUE: WHAT HAPPENS WHEN RELATIONSHIP BETWEEN 482 SPONSOR AND EMPLOYEE BREAKS DOWN As explained above, a condition of a grant of a 482 visa is that the sponsored employee must work only for the sponsoring employer for the duration of the 482 visa grant.

Where a sponsored employee ceases to work early (for example they are terminated), they have 60 days to find another 482 sponsor or their visa is cancelled. This applies even where, for example, the employing company goes out of business.

DOMINIC COOKMAN dcookman@shglawyers.com.au 02 6285 8085

The risk for sponsoring businesses is that: > The employer must pay the reasonable return travel costs of the employee if the relationship does not work out > if the visa holder becomes illegal and disappears, the employer is liable for the costs of location and removal Employers are obliged to notify DHA within 10 days if a sponsored employee leaves their employment.

1

https://mba.org.au/ceo-update-jobs-and-skills-in-focus/

MASTER BUILDERS ASSOCIATION NEWS EDITION 3 2022

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