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Official Magazine of the Master Builders Association of NSW | Issue One | Jan - Mar 2015 Print Post Publication No. PP100003016 NSW PREMIER LAUNCHES MASTER BUILDERS TRAINING AND EDUCATION CENTRE MBA YOUNG BUILDER OF THE YEAR AWARD GOES TO FEMALE BUILDER WELCOME BOOST FOR ABORIGINAL PARTICIPATION IN CONSTRUCTION KEY POLICY PRIORITIES FOR INDUSTRY IN 2015 NSW ELECTION LATEST MCA AWARD WINNERS FOR BRICK & BLOCK LAYING REVEALED MAJOR CHANGES TO HOME BUILDING LAWS

2015 MB NSW Magazine Jan-Mar

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Page 1: 2015 MB NSW Magazine Jan-Mar

Of�cial Magazine of the Master Builders Association of NSW | Issue One | Jan - Mar 2015

Print Post Publication No. PP100003016

NSW PREMIER LAUNCHES MASTER BUILDERS TRAINING AND EDUCATION CENTRE

MBA YOUNG BUILDER OF THE YEAR AWARD GOES TO FEMALE BUILDER

WELCOME BOOST FOR ABORIGINAL PARTICIPATION IN CONSTRUCTION

■ KEY POLICY PRIORITIES FOR INDUSTRY IN 2015 NSW ELECTION

■ LATEST MCA AWARD WINNERS FOR BRICK & BLOCK LAYING REVEALED

■ MAJOR CHANGES TO HOME BUILDING LAWS

Page 2: 2015 MB NSW Magazine Jan-Mar

Excellence in Qualitywww.precisewindowsanddoors.com.au

Specialising in:• windows & doors• shop fronts• bi fold doors• safety glass• mirrors• glazing repairs• glass roofs• slump glass• acoustic and thermal windows• security doors• louvers

02 9756 5882Precise Windows & Doors AD.indd 1 9/02/2015 3:10 pm

Page 3: 2015 MB NSW Magazine Jan-Mar

The incredible all new Trafic drives you further with the help of ECO mode and an impressive fuel economy from 6L/100km. You’ll get more done thanks to a huge 1.2 tonne payload and up to 6m3 of load space. Take your office on the road thanks to a laptop station, phone and iPad cradle. Plus you can enjoy the comfort of ESC, traction control and reversing cam for a superbly safe drive. THE ALL NEW TRAFIC. COMING INCREDIBLY SOON TO A RENAULT DEALER NEAR YOU. RENAULT.COM.AU/TRAFICISCOMING

AWESOMELY EFFICIENT

OUTSTANDINGLY PRACTICAL

INGENIOUSLY CLEVER

SUPERBLY SAFE

Overseas model shown. iPad is a trademark of Apple Inc., registered in the U.S. and other countries.

Page 4: 2015 MB NSW Magazine Jan-Mar

2

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

contents

Disclaimer: The Publisher and the Master Builders Association

of NSW, their employees and agents take no responsibility for

any inaccuracies or omissions. The opinions are those of the

contributors and not necessarily of the Publishers nor of the

Association. No warranty is given and no liability is accepted.

Products and Services appearing in Master Builder are not

necessarily endorsed by the Publisher or the Association.

While every care has been taken during production, the

publisher(s) do not accept any liability for errors or omissions

that may have occurred.

EDITORS: Richard Szabo and Bridget Sweeney

LAYOUT: Carol TaylorGRAPHIC DESIGN TEAM: Byron Bailey, Andrew Crabb

NATIONAL SALES AND MARKETING MANAGER: Trish RileySALES MANAGER: Peter Shepherd EMAIL: [email protected] SALES: Peter Shepherd, Craig Flenley, Dean Wedding, Rose Delosreyes and Liam Daly

PRODUCTION: Brooke Travers

PRINT: Newstyle DISTRIBUTION: Newstyle

CONTACT DETAILSPO Box 824 Surfers ParadiseQLD 4217TEL: 1800 222 757FAX: 1800 063 151 EMAIL:[email protected]: www.crowtherblayne.com.au

IN THIS ISSUE:

REGULARS Contact List 4President’s Viewpoint 8Executive Director’s Viewpoint 10Newsbrief 19Regional Roundup 24Dates For Your Diary 71The Way We Were 72

FEATURES Premier Opens New $10m Training Hub 12Policy Priorities – State Election March 2015 14

Women in Construction 34Serena Guidice – Young Builder of the Year

Housing 35Major Changes to Home Building Laws Building activity to strengthen Hiring Intentions Rise With Housing Boom

Apprenticeship 40Apprenticeship Service Has an All-Inclusive Hourly Rate Commentary: What Are Your Skill Level Expectations For an Apprentice?

CAMS 42CAMS – Three Years On

Training 44Training – A Wealth Of Opportunities

Aboriginal Affairs 46Aboriginal Participation in Construction

Workplace Health & Safety 49A New Safety Standard for the Building and Construction Industry Effective Management of Workplace Injuries in 2015 Work Health Safety Training Coming to Master Builders

Insurance 54Negotiating Builders’ Warranty Framework

Technology 55Introduction to Plusspec Which Smart Phone Do I Choose?

Industrial Relations 58Accessorial Liability Under the Fair Work Act New Provisions for Employee Incentive Schemes

Finance 60Free Financial Consultation for Members and Their Families

MEMBERSHIP Making the most of your membership 61

GENERAL FEATURES MCA Awards for Brick & Block Laying 27Building in Bush Fire Zones 62Training and equipment 65

What’s New 66

Directory 70

Page 5: 2015 MB NSW Magazine Jan-Mar

*Comparison to USG Boral standard plasterboard© 2015 USG BORAL. All rights reserved. The trademarks USG BORAL and INNOVATION INSPIRED BY YOU are trademarks of USG Boral Building Products or one or more of its a� liates. SHEETROCK is a trademark owned by United States Gypsum Company and used under license.

Creative:

Account:

Production:

Proofreader:

USG BoralMaster Builder NSW, Hippo concrete, single page040BOR0001_AU_MB-NSW_HippoConcrete_Jan-March2015_single_v2.inddPublication: Master Builder NSWProduction Date: Jan-March issue Materials Due: 2 /4/15

Pages: Single, 4 Clr, full bleedTrim: 297mm x 210mmLive: 277mm x 190mmBleed: 307mm x 220mm (5mm)Colors: 4/CProd designer:

DON’T LET HEAVY BOARDS WEIGH DOWN YOUR PRODUCTIVITY.Introducing USG Boral Sheetrock® Brand Plasterboard. 15% lighter than standard plasterboard*.

And a consistent core that’s easier to score and snap. So builders can do what they do best. Only faster, longer and with better results. USGBoral.com

Page 6: 2015 MB NSW Magazine Jan-Mar

4

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

contact list

MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES

52 Parramatta Road, Forest Lodge NSW 2037 / Private Bag 9, Broadway NSW 2007Tel: 02 8586 3555 | Fax: 02 9660 3700 Email: [email protected] Website: www.mbansw.asn.au | ABN 96 550 042 906

EXECUTIVE BOARD

Paul Maginnity PresidentRoss Mitchell Deputy PresidentGordon Leggett Immediate Past PresidentScott Nash Vice PresidentMartin Patience Vice PresidentSimon Pilcher Vice PresidentChris Calderbank-Park Vice President

EXECUTIVE

Executive Director Brian Seidler 8586 3503Executive Assistant Amanda de Vries 8586 3507

MBA INSURANCE SERVICES

State Manager Luke Hueston 8586 3519Senior Account Manager Edwina Lyall 0412 806 700Account Executive - General Malcolm Foung 8586 3556 Adam Myers 8586 3501 Erroll Wong 8586 3568Authorised Representative - Adam Fawcett 0466 770 910Capital & Construction Risk Managers Pty Limited Account Executive - Home Warranty Daniel Vine 8586 3566 Jayne Pan 8586 3528Account Executive - Warranty Joel Beater 8586 3565National Business Development Manager (Surety) Bill Korakis 8586 3541

MASTER BUILDERS FINANCIAL SERVICES

Broker Ogarit Kelley 0414 919 194 1300 760 366

MEMBER SERVICES

Manager Member Services Graham McGuiggan 8586 3554Membership Coordinator Paul Love 8586 3540 0413 306 556Membership Representative Mark Shearwood 8586 3520Member Services - Administration Joan Ah-Hen 8586 3515Member Services - Administration Samantha Bell 8586 3572Member Services - Administration Susie Bell 8586 3581

TRAINING

Compliance and Quality Officer Timithy Rolls 8586 3560Short Course Coordinator David Bouwmeester 8586 3534Short Course Administrator Vanessa Herrara 8586 3577Short Course Administrator Madison Brown 8586 3576Qualifications Coordinator Dean Edser 8586 3548Qualifications Administrator Jade Lane 8586 3852Qualifications Administrator Nicole Midolo 8586 3521Cert III Coordinator Carson Gao 8586 3559Cert III Co ordinator Assistant Michelle VellaCert III Administrators Jason Kim  8586 3544Admin Assistant in Cert III Stephanie GuanBusiness Administration Trainee Penny McDonald Cert III Head Trainer Andrew Turner 8586 3578Training Accounts /Administration Coordinator Sharon Eakin 8586 3553Laura Weston Receptionist 8586 3588Administration Assistants William Louie 8586 3563Administration Trainee Nicole Daws 8586 3514MBA Skill Recognition Centre 1 1300 884 315

NORWEST EDUCATION CENTRE

5 Burbank Place, Baulkham Hills NSW 2153 Reception Laura Weston 8586 3588Executive Office 8586 3557

APPRENTICESHIP SERVICES

Apprenticeship Payroll Officer Teigen Morier 8586 3542Apprenticeship Field Officer Tess McDonald 8586 3551Apprenticeship Field Officer Paulo Atienza 0423 025 380Apprenticeship Field Officer Ben Mitchell 0412 499 754Apprenticeship Field Officer Frank Luppino 0401 998 853

CONSTRUCTION APPRENTICESHIP MENTORING PROGRAM - (CAMS)

Government Projects & Programs Manager Omesh Jethwani 8586 3539Apprenticeship Mentoring Officer Jack Long 8586 3524

HOUSING

Director - Housing Peter Meredith 4323 4588

LEGAL

Head Solicitor Robert Collings 8586 3517Solicitor Hannah Shephard 8586 3517Legal Assistant Renee McKeown 8586 3517

INDUSTRIAL RELATIONS AND SAFETY

Director Construction Peter Glover 8586 3535Senior Safety Officer David Solomon 8586 3552Industrial Relations Officers Rod Grace 8586 3574 Nicholas Arends 8586 3573 Iain Jarman 8586 3502Safety Officer Chris Schultz 8586 3522IR Administration Officer Judy Macgregor 8586 3531Secretary Beverly Glover 8586 3523

EVENTS & BUSINESS DEVELOPMENT

Awards Coordinator Susan Manning 8586 3506Assistant Awards Coordinators Helen Harris 8586 3564Special Projects Officer Amanda Kelly 8586 3504

OPERATIONS

Director, Operations Craig Donovan 8586 3537

MARKETING AND COMMUNICATIONS

Marketing and Communications Manager Steven Swan 8586 3562

FINANCE & ADMINISTRATION

Director Finance & Administration Arthur Johnson 8586 3508Accounts Supervisor Strebre Delovski 8586 3511Credit Control Manager Leon Kopcikas 8586 3509Credit Officer Frank Chevell 8586 3567Inventory & Property Administration Officer Rheannon Vea Vea 8586 3527Accounts Payable Officer Bridget Delmore 8586 3510Reception #2 8586 3526Fishbowl #2 8586 3530Charles Martin Room 8586 3546

INFORMATION TECHNOLOGY

IT Systems Manager Amanda Kernaghan 8586 3580 IT Support/Webmaster Alexander Ashley-Carrington 8586 3525

RECEPTION

Receptionist Joanne Papageorge 8586 3555 Daniela Fraumeni 8586 3555

REGIONAL OFFICES

NEWCASTLE OFFICE

Level 1, 165 Lambton Road, Broadmeadow NSW 2292 Tel: 4953 9400Hunter Region Manager Len Blakeney 4979 0101Office Administrator Sarah Croft 4979 0103Receptionist Amy Porter 4953 9400Industrial Relations Officer Ben Ziolkowski 4979 0107 Shona D’arbon 4979 0102Safety Officer John McGhee 4979 0112Trade Events & Divisional Coordinator Haley Tibbetts 4979 0106Membership Representative Luke Reeves 4979 0109Events and Training Coordinator Kerri Richards 4979 0105MBA Insurance Services - Newcastle Leeanne Farmer 0466 777 057

NORTHERN REGIONS

Shop 1, 97 Tamar Street, Ballina NSW 2478Tel: 6681 4266Regional Coordinator Juliet Pratley 0421 050 395 Membership Representative Graham Marchant 0428 412 784Member Services Representative Marlee Rudgley

GOSFORD

Unit 7/4 Stockyard Place, West Gosford NSW 2250Tel: 4323 4588Director - Housing Peter Meredith 0412 694 001Office Manager (Mon/Wed) Helen Tinson 4323 4588Office Manager (Tues/Thurs) Lesley Potter 4323 4588

SOUTHERN REGIONS

Unit 1, 171 Princes Highway, Ulladulla NSW 2539Tel: 4454 1955Regional Coordinator Lynn Smith 0418 633 297Member Services Representative Debbie McDonald 4454 1955

ALBURY/WODONGA

35 Hovell Street, Wodonga VIC 3690Tel: 6058 2000 Regional Manager Steve Donaghey 0402 044 075Office Manager Lesley Donaghey 6058 2000Administration Assistant Pauline Meade 6058 2000

PORT MACQUARIE

Unit 3, 12 Jindalee Road, Port Macquarie NSW 2444Tel: 6581 4033Member Services Representative Kerrie Clark 6581 4033

WOLLONGONG

Unit 3, 29-35 Princes Highway, Unanderra NSW 2526Tel: 4272 9409Regional Coordinator Michael Hart 0419 140 126Member Services Representative Ruth Billington 4272 9409

MATES IN CONSTRUCTION

Hotline: 8586 3575 

HEAD OFFICE

Liable.(adj.) Legally obliged or responsible; answerable. Liable to happen.

Can you take the risk that you might be using non-compliant steel?

Call ACRS on (02) 9965 7216, email [email protected] or visit www.steelcertification.com

ACRS – The Australasian Certification Authority for Reinforcing and Structural Steels Ltd ABN 40 096 692 545

ACRS rigorously certifies steel product compliance at over 150 locations in 15 countries and is accredited by JAS-ANZ For more detail, register for STEEL CERTIFICATION NEWS at www.steelcertification.com

Non-compliance is just not worth it. Get the facts.Demand the ACRS Certificates of Product Compliance.

• As construction professionals using non-compliant steel could be your worst decision. • Engineers, certifiers or suppliers have the responsibility and power to refuse the use of unidentifiable or non-compliant steel. • You manage the risk to human safety, reputation, livelihood and cost. Control your risks of non-compliance.• Reduce your liability through simple web downloads of ACRS Certificates at www.steelcertification.com• Check your steel products’ compliance to AS/NZS Standards and building codes.

Page 7: 2015 MB NSW Magazine Jan-Mar

Liable.(adj.) Legally obliged or responsible; answerable. Liable to happen.

Can you take the risk that you might be using non-compliant steel?

Call ACRS on (02) 9965 7216, email [email protected] or visit www.steelcertification.com

ACRS – The Australasian Certification Authority for Reinforcing and Structural Steels Ltd ABN 40 096 692 545

ACRS rigorously certifies steel product compliance at over 150 locations in 15 countries and is accredited by JAS-ANZ For more detail, register for STEEL CERTIFICATION NEWS at www.steelcertification.com

Non-compliance is just not worth it. Get the facts.Demand the ACRS Certificates of Product Compliance.

• As construction professionals using non-compliant steel could be your worst decision. • Engineers, certifiers or suppliers have the responsibility and power to refuse the use of unidentifiable or non-compliant steel. • You manage the risk to human safety, reputation, livelihood and cost. Control your risks of non-compliance.• Reduce your liability through simple web downloads of ACRS Certificates at www.steelcertification.com• Check your steel products’ compliance to AS/NZS Standards and building codes.

Page 8: 2015 MB NSW Magazine Jan-Mar

Innovative anti-tracking, pre-applied waterproofing system for below-ground waterproofing

PROOFEX ENGAGE

www.parchem.com.au 1300 737 787

The Proofex Engage waterproofing system has successfully waterproofed millions of square metres of below-ground structures. It can be found in projects in many countries around the world and is quite simply one of the best performing cost-effective below-ground waterproofing solutions available today.Parchem have introduced the innovative Proofex Engage system, which incorporates a unique cell mesh that mechanically bonds to freshly placed concrete giving a tenacious waterproof seal, preventing water migration even if ground settlement occurs. It is installed rapidly with no need for blinding concrete, priming or protection and can be trafficked immediately after application. It is also gas resistant and highly durable and is unaffected by contaminants within the ground. Quality is assured through BBA and EN13967:2004 and the system is suitable for use in accordance with BS8102:2009 Grades 1, 2 and 3.

Parchem offers the most comprehensive range of below-ground waterproofing product systems, manufactured to the

highest quality standards backed by independent test certificates. Our wealth of experienced technical experts and

specification managers will help you find the best system solution for your project.

PROOFEX ENGAGE - SAVES TIME AND MONEY !!!

NON WATER-TRACKINGIn the unlikely event of damage to the membrane during installation, the smart anti-tracking mesh design of Proofex Engage will prevent water tracking between the membrane and the concrete.Proofex Engage has been tested to ASTM D5383 and shows no lateral water migration when tested at 70m hydrostatic water pressure.

STRONG MECHANICAL BONDThe unique mesh design of Proofex Engage gives a permanent tenacious mechanical bond to freshly placed concrete. This bond is not dependent on any chemical reaction and can be assured each time concrete is cast.The heavy-duty mesh design and properties result in a robust, proven membrane which is ideally suitable for project conditions.

PERMANENTLY BONDS TO STRUCTURAL CONCRETEPVC membranes, self-adhesive and torch-on membranes can collapse where ground settlement takes place.This can lead to stretching and tearing of the membrane and can result in leakages. Proofex Engage however, will remain in place fully bonded to the structural concrete assuring complete waterproof integrity even if ground settlement occurs.

NO BLINDING CONCRETE REQUIREDBlinding concrete is preferred, however Proofex Engage can be placed directly on top of a well compacted smooth granular fill substrate. A broadcast of damp sand on top of the granular material is useful.

Removal of the blinding concrete means less concrete and less labour time but also means less concrete truck movements which not only saves time and money but is more environmentally friendly.

NO MEMBRANE PROTECTION REQUIREDProofex Engage is a robust, heavy duty membrane with millions of square metres in projects throughout the world. The structural steel reinforcement is laid directly on top of the membrane ready for the structural concrete placement. There is no requirement for screed protection which saves valuable time and money.

BENEFITS TO OWNERS / DESIGNERSAn ever increasing level of importance is being placed by owners and designers with regards to structural integrity, cost-effectiveness and durability. Parchem recognise this, and Proofex Engage with its proven history, excellent holistic cost benefits and independent certification offers an unparalleled system solution for below-ground structures to combat these demands. It provides owners, clients and designers with a high performance system backed by excellent customer/technical service delivered through a comprehensive international network.

BENEFITS TO CONTRACTORS / INSTALLERSProofex Engage is designed for typical site conditions. It is heavy duty, robust and can be rapidly installed with easy to apply jointing ancillaries which are system-compatible. The system has a long track record; however Parchem can offer on-site training assistance for specific projects, delivered through teams of local experts. Contact your local Parchem office for more details.

Proofex Advert_1114 .indd 1 12/11/2014 12:19 pm

Page 9: 2015 MB NSW Magazine Jan-Mar

Innovative anti-tracking, pre-applied waterproofing system for below-ground waterproofing

PROOFEX ENGAGE

www.parchem.com.au 1300 737 787

The Proofex Engage waterproofing system has successfully waterproofed millions of square metres of below-ground structures. It can be found in projects in many countries around the world and is quite simply one of the best performing cost-effective below-ground waterproofing solutions available today.Parchem have introduced the innovative Proofex Engage system, which incorporates a unique cell mesh that mechanically bonds to freshly placed concrete giving a tenacious waterproof seal, preventing water migration even if ground settlement occurs. It is installed rapidly with no need for blinding concrete, priming or protection and can be trafficked immediately after application. It is also gas resistant and highly durable and is unaffected by contaminants within the ground. Quality is assured through BBA and EN13967:2004 and the system is suitable for use in accordance with BS8102:2009 Grades 1, 2 and 3.

Parchem offers the most comprehensive range of below-ground waterproofing product systems, manufactured to the

highest quality standards backed by independent test certificates. Our wealth of experienced technical experts and

specification managers will help you find the best system solution for your project.

PROOFEX ENGAGE - SAVES TIME AND MONEY !!!

NON WATER-TRACKINGIn the unlikely event of damage to the membrane during installation, the smart anti-tracking mesh design of Proofex Engage will prevent water tracking between the membrane and the concrete.Proofex Engage has been tested to ASTM D5383 and shows no lateral water migration when tested at 70m hydrostatic water pressure.

STRONG MECHANICAL BONDThe unique mesh design of Proofex Engage gives a permanent tenacious mechanical bond to freshly placed concrete. This bond is not dependent on any chemical reaction and can be assured each time concrete is cast.The heavy-duty mesh design and properties result in a robust, proven membrane which is ideally suitable for project conditions.

PERMANENTLY BONDS TO STRUCTURAL CONCRETEPVC membranes, self-adhesive and torch-on membranes can collapse where ground settlement takes place.This can lead to stretching and tearing of the membrane and can result in leakages. Proofex Engage however, will remain in place fully bonded to the structural concrete assuring complete waterproof integrity even if ground settlement occurs.

NO BLINDING CONCRETE REQUIREDBlinding concrete is preferred, however Proofex Engage can be placed directly on top of a well compacted smooth granular fill substrate. A broadcast of damp sand on top of the granular material is useful.

Removal of the blinding concrete means less concrete and less labour time but also means less concrete truck movements which not only saves time and money but is more environmentally friendly.

NO MEMBRANE PROTECTION REQUIREDProofex Engage is a robust, heavy duty membrane with millions of square metres in projects throughout the world. The structural steel reinforcement is laid directly on top of the membrane ready for the structural concrete placement. There is no requirement for screed protection which saves valuable time and money.

BENEFITS TO OWNERS / DESIGNERSAn ever increasing level of importance is being placed by owners and designers with regards to structural integrity, cost-effectiveness and durability. Parchem recognise this, and Proofex Engage with its proven history, excellent holistic cost benefits and independent certification offers an unparalleled system solution for below-ground structures to combat these demands. It provides owners, clients and designers with a high performance system backed by excellent customer/technical service delivered through a comprehensive international network.

BENEFITS TO CONTRACTORS / INSTALLERSProofex Engage is designed for typical site conditions. It is heavy duty, robust and can be rapidly installed with easy to apply jointing ancillaries which are system-compatible. The system has a long track record; however Parchem can offer on-site training assistance for specific projects, delivered through teams of local experts. Contact your local Parchem office for more details.

Proofex Advert_1114 .indd 1 12/11/2014 12:19 pm

rylock.comSydney | Factory & Showroom

More than 30 years delivering World Class light, views, lifestyle & energy efficiency

into quality Australian homes

3 Ellis Avenue, Alexandria8335 4400

Photo courtesy Sheridan Building Services

Which brand of window deservesto be in your next Master Build ?

Page 10: 2015 MB NSW Magazine Jan-Mar

8

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

president’s viewpoint

PRESIDENT’S VIEWPOINT

can meet the demand and make the most of

future opportunities in the NSW building and

construction industry.

MBA is most proud to make this tangible

contribution to the future skills base of our

industry, and we look forward to offering

professional and worthwhile training to all

industry sectors.

I thank our fellow MBA Council of Management

members, the MBA Executive Committee and

our Past presidents, who had the foresight to

make the call of establishing such a worthwhile

education and training centre.

Further, I thank the staff of MBA NSW who

worked tirelessly to bring to fruition the

aspirations of our Council of Management and

the Association.

Paul Maginnity MBA/NSW PRESIDENT

President Paul Maginnity

In reviewing our Association minutes over the

past three years, it was noted that our Council

of Management endorsed a recommendation

to search for a property suitable for

establishing a training and education centre –

the preferred location was Western Sydney.

I am pleased to announce that one of the

Association’s key recommendations to future-

proof the MBA has been realised.

Our Association has funded, through our

own members’ money, the development of

this facility for our industry – one which we

are very proud of, and one with the ability to

grow – and I should emphasise this signifies

the commitment of the MBA’s contribution

to addressing skill shortages, and producing

better skilled builders and tradespeople for

the future.

As we all know NSW is the powerhouse state

in Australia, with many anticipating that we in

NSW will lead our country to sustained growth.

However, all the statistics show that our

industry has an ageing work force, and we

must work to attract young people, so we

Switching to the Waterstop

Streamline system has been a

fantastic result for the company.

It ticks all the boxes by being

modern, sleek, easy to install

and failsafe.

Costly repairs associated with

leaking shower trays are now a

thing of the past.

Luke Pearce

QLD Construction Manager, Devine Homes

For more information, visit www.waterstopstreamline.com.au

Phone 07 5426 3700 • Fax 07 5426 3711 • Email [email protected]

WAT

E12

550_

MB

A

Hear what our customers are saying about Waterstop Streamline

I am happy to give my recommendation to use Waterstop Streamline. It is the only modern looking product that I have seen that positively connects the shower screen to the waterproofing in a completely leak free way...Mr Albert Aeberhard Builder, Hotondo Homes Group ACT

Using Waterstop Streamline in all

our shower areas has made life easy

for waterproofing and our tilers.

They are so simple to install and

always look very professional.

I recommend to all my clients

to use the Waterstop Streamline

system in their shower areas.

Mr Kerry Blake

Director, Blake’s Waterproofi ng

With so many new products

on offer in our industry it

is difficult to find time to

investigate them all.

We are very glad we made

time for this one.

Mr Dennis Wright

Building and Project Manager, Beazley Homes

Switching to the Waterstop

By using Waterstop Streamline

I know the shower will be

perfect every time. It has

to be, because this product is

designed to dictate placement

of all of the other components

to make up the complete shower.

It’s virtually impossible to

stuff it up.

Mr Glen Whitehead

Managing Director, BJM Developments

on offer in our industry it

is difficult to find time to on offer in our industry it

is difficult to find time to on offer in our industry it

We are very glad we made

Building and Project Manager, Beazley Homes

My business has expanded rapidly since we started using

the Waterstop Streamline hob and now I have tilers

voluntarily recommending the Waterstop system – and me –

to other builders. Everyone that uses it loves it.Mr Fred Meddings Managing Director, Watertight Australia

(Waterproofers)

Waterstop Streamline – Why would anyone use anything

else to build a shower? At last someone has got a product together that not only works,

but it looks good and is so easy for every trade to work with. It even comes with step by step

instructions on the protective tape.Mr Andrew ShailerAndrew Shailer Tiling

Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

Waterstop is easy to order with efficient delivery.

It has given us the edge on our competitors and is our preferred method of waterproofing and

tiling showers.IF YOU ARE ONE OF OUR

COMPETITORS READING THIS AD PLEASE IGNORE.

Tony GloverTony Glover Tiling & Waterproofi ng

Page 11: 2015 MB NSW Magazine Jan-Mar

Switching to the Waterstop

Streamline system has been a

fantastic result for the company.

It ticks all the boxes by being

modern, sleek, easy to install

and failsafe.

Costly repairs associated with

leaking shower trays are now a

thing of the past.

Luke Pearce

QLD Construction Manager, Devine Homes

For more information, visit www.waterstopstreamline.com.au

Phone 07 5426 3700 • Fax 07 5426 3711 • Email [email protected]

WAT

E12

550_

MB

A

Hear what our customers are saying about Waterstop Streamline

I am happy to give my recommendation to use Waterstop Streamline. It is the only modern looking product that I have seen that positively connects the shower screen to the waterproofing in a completely leak free way...Mr Albert Aeberhard Builder, Hotondo Homes Group ACT

Using Waterstop Streamline in all

our shower areas has made life easy

for waterproofing and our tilers.

They are so simple to install and

always look very professional.

I recommend to all my clients

to use the Waterstop Streamline

system in their shower areas.

Mr Kerry Blake

Director, Blake’s Waterproofi ng

With so many new products

on offer in our industry it

is difficult to find time to

investigate them all.

We are very glad we made

time for this one.

Mr Dennis Wright

Building and Project Manager, Beazley Homes

Switching to the Waterstop

By using Waterstop Streamline

I know the shower will be

perfect every time. It has

to be, because this product is

designed to dictate placement

of all of the other components

to make up the complete shower.

It’s virtually impossible to

stuff it up.

Mr Glen Whitehead

Managing Director, BJM Developments

on offer in our industry it

is difficult to find time to on offer in our industry it

is difficult to find time to on offer in our industry it

We are very glad we made

Building and Project Manager, Beazley Homes

My business has expanded rapidly since we started using

the Waterstop Streamline hob and now I have tilers

voluntarily recommending the Waterstop system – and me –

to other builders. Everyone that uses it loves it.Mr Fred Meddings Managing Director, Watertight Australia

(Waterproofers)

Waterstop Streamline – Why would anyone use anything

else to build a shower? At last someone has got a product together that not only works,

but it looks good and is so easy for every trade to work with. It even comes with step by step

instructions on the protective tape.Mr Andrew ShailerAndrew Shailer Tiling

Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

our shower areas has made life easy Using Waterstop Streamline in all

Waterstop is easy to order with efficient delivery.

It has given us the edge on our competitors and is our preferred method of waterproofing and

tiling showers.IF YOU ARE ONE OF OUR

COMPETITORS READING THIS AD PLEASE IGNORE.

Tony GloverTony Glover Tiling & Waterproofi ng

Page 12: 2015 MB NSW Magazine Jan-Mar

10

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

executive director’s viewpoint

Executive Director Brian Seidler

This edition of Master Builder outlines the

findings of an industry survey that the MBA

undertook over recent months.

The survey identifies “Policy Priorities”, which

form the basis of a document and has been

forwarded to the various political parties in

NSW for their consideration and response prior

to the next State Election – scheduled for 28

March ’15.

The Master Builders Association of NSW “Policy

Priorities 2015” documents key policy priorities

for the building and construction industry in

NSW. They have been developed through

active surveying, consultation and participation

with building contractors, specialist contractors

and key industry stakeholders. Furthermore,

these policies have been endorsed by the

Association’s Council of Management.

There is general acceptance that opportunities

for those who undertake work in the building and

construction industry in NSW have substantially

increased, particularly in recent times.

There is also acceptance of so-called macro

priorities by the Master Builders Association of

NSW and property sector groups that in order

to continue this growth in the NSW building

and property development sectors, reform in

certain areas must take place.

These areas include:

• Issue of housing affordability and cost

of land

• Reduction of land and payroll taxes

• Timely delivery of much needed

land supply

• Capping of local government levies

There are additional issues, both at a macro

and micro level affecting the industry’s operation

which, if addressed, would lead to a more

vibrant building and construction industry.

These issues include:

• Establishment of an independent,

centralised authority to administer, regulate

and oversee the building and construction

industry (Independent Building

Commission)

• Extension of the home building legislation

to cover the key specialist services

provided by architects, engineers and

designers

• Improved Security of Payment to cover

outcomes for the client/builder contract

relationship through early intervention

• Apprenticeships/traineeships – all

apprentices/trainees to be covered by

Workers Compensation at no liability to

the training employer, for the full term of

the apprenticeship. The introduction of a

ratio of apprentices to tradespeople on

all State Government-funded projects,

and the removal of payroll tax obligations

for apprentices for the full-term of the

apprenticeship

• A complete review of the existing Home

Warranty Insurance Scheme

• Developing a workers compensation system

that is more equitable and addresses the

issue of non-specific work injuries

• Establishment of a well-organised building

industry agency to act as a deterrent against

unlawful conduct and coercive behaviour

• Reform to work, health and safety

legislation regarding right of entry

provisions for union officials

• Review of cross border region construction

red tape, so as to bring certainty to

contractors building in various jurisdictions

Most of the issues identified above can be

implemented without impacting greatly on the

NSW budget, yet the savings and efficiencies

gained through the introduction of such

measures would be significant.

As mentioned above, the Association has

forwarded a copy of our document to the

various State political parties for their response.

We will circulate a copy of their responses to all

members prior to the election.

Brian SeidlerEXECUTIVE DIRECTOR

EXECUTIVE DIRECTOR’S VIEWPOINT

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Page 13: 2015 MB NSW Magazine Jan-Mar

Welcome to Estimator Platinum.

The wait is over.

The future of estimating is finally here.

For the first time ever, the explosion of recipes is finally being unravelled. Introducing the only estimating platform that shows you what’s in the recipes, so you can estimate with more speed, accuracy and flexibility than ever before.

With extra features and customised databases full of all the prices you need to quote a job, Cordell has taken the hard work out of estimating. So whether you are estimating a new build, renovation or an extension, you will have access to the most up to date information, maintained by a team of researchers that are

continually researching prices around Australia to help ensure you never underquote a job again!

1800 80 60 60www.cordellestimating.com.au

Page 14: 2015 MB NSW Magazine Jan-Mar

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

12 feature / premier

PREMIER OPENS NEW $10 MILLION TRAINING HUB FOR $50 BILLION INDUSTRYPremier Mike Baird has officially opened Master Builders’ (MBA) new state-of-the-art training hub for New South Wales’ $50 billion building and construction industry.

Nearly 100 people celebrated the official opening

of MBA’s new and state-of-the-art training centre

on Thursday 19th of February 2015.

The $10 million hub is designed to help meet the

skills shortage being faced by the industry, deliver

new job opportunities for young men, women

and Indigenous apprentices in the booming

construction industry.

“Housing is moving [forward] and the

infrastructure we want to build is going to provide

a wonderful opportunity for our apprentices

of the future, and what we need is for them

[our apprentices] to be trained and skilled, and

to have the capacity to build the world’s best

infrastructure and housing – and that is exactly

what you will see here,” the Premier said.

“We have got to have the highest quality and

standards, and that is what we want for our

apprentices. And you know when you are

going to get a Master Builders apprentice, you

are getting the best of the best – the highest

standard – and I think that is something we

should all aim for.”

The trade-training centre is a purpose built one-

stop-shop training hub, to provide high quality

training to young people, and make them ‘job

ready’ for careers in the building industry.

The new centre opening comes at a perfect time

as Master Builders’ National Survey of Building

and Construction recorded a sharp rise in

builders’ intentions to put on more apprentices,

with a third of respondents indicating they will

give more opportunities to young people to learn

a building trade in the next six months.

MBA NSW has trained thousands of students

over the past 2.5 years.

“Master Builders in NSW has trained nearly

3000 students in certificate two, three four

building diploma, advanced building diploma –

not to mention specific industry courses, such

as waterproofing, asbestos removal, high-risk

licensing and [there was] also much work carried

out in the traineeship area, in the infrastructure

and civil contracting sectors of our industry,”

MBA NSW Executive Director Brian Seidler said.

“We envisage there are many opportunities to

educate, upskill and train the future workforce

of all sectors of the industry, including

residential, commercial – and, particularly

relevant these days, infrastructure and civil

construction where we have had success with

increasing Aboriginal participation through

traineeships and apprenticeships.”

MBA recently entered into a number of

partnerships in this sector to not only provide

extensive training, but also a training network

across NSW.

“The future of our industry lies within a well-

resourced, motivated and skilled workforce,”

Seidler said.

MBA NSW president Paul Maginnity revealed the

$10 million training centre was entirely funded

by MBA members. It is the Association’s largest

investment in 50 years.

“Our association has funded, through our own

members’ money, the development of this facility

for our industry – one which we are very proud of

and have the ability to grow,” he said.

“This signifies the beginning of the MBA’s

contribution to addressing skills shortages,

and producing better skilled builders and

tradespeople for the future as we need.

“I thank my fellow MBA NSW Council of

Management members, the MBA NSW

executive committee and our past presidents,

who had the foresight to establish such a

worthwhile education and training centre.

“We thank the staff of MBA NSW who

worked tirelessly to bring to fruition the

aspiration of our council of management.

Specifically, on this occasion, I would like

to acknowledge Craig Donovan for his hard

work on this project.”

The opening was attended by nearly 100 people

including NSW Premier Michael Baird, State Fair

Trading Minister Matthew Mason-Cox, State

Member for Baulkham Hills David Elliott, Hills

Shire Councillor Mark Taylor, State Member for

Riverstone Kevin Conolly, Liberal candidate for

Blacktown Raman Bhalla, Work Cover WHS

executive director Peter Dunphy, TAFE NSW

building and construction faculty director John

Humphrey, Industrial Relations Commissioner

Inaam Tabbaa, Council of Management

Executive Committee, the Divisional President,

MBA apprentices, trainees and mentors.

Premier Mike Baird with MBA apprentices

Premier Mike Baird and MBA NSW President Paul Maginnity officially open the facility

Premier Mike Baird with MBA NSW Executive Director Brian Seidler and MBA NSW President Paul Maginnity

Premier Mike Baird addresses the audience on stage

Page 15: 2015 MB NSW Magazine Jan-Mar

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Page 16: 2015 MB NSW Magazine Jan-Mar

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

14 policy priorities

KEY POLICY PRIORITIES FOR THE BUILDING AND CONSTRUCTION INDUSTRY IN NSW – STATE ELECTION MARCH 2015On the 28 March 2015 NSW will go to the polls for a State Election.

Members may recall that in February 2011, the MBA released its Policy Priorities Document for the then upcoming March 2011 State Election.

Over the last term of the NSW Parliament (2011 - 2015) the industry has seen legislative changes (some significant) which directly addressed

a number of policy priorities identified by the MBA in this document, and which we see as beneficial for building contractors and industry as a

whole. The MBA has once again surveyed the industry, and we set out below the issues the industry has identified that need attention. These

form part of the MBA Policy Priorities for the 2015 Election. A copy of these Policy Priorities has been forwarded to the main political parties for

their comment. The MBA will forward responses to our document to members prior to the State election at the end of March.

EXECUTIVE SUMMARY – POLICY PRIORITIES 2015

The Master Builders Association of NSW

(Master Builders) “Policy Priorities 2015”,

documents key policy priorities for the building

and construction industry in NSW. These

priorities have been developed through active

surveying, consultation and participation with

building contractors, specialist contractors

and key industry stakeholders. Further, the

Association’s State Council of Management

has endorsed these policies.

There is general acceptance that

opportunities for those who undertake work

in the building and construction industry

in NSW have substantially increased,

particularly in recent times.

There is also acceptance of so-called macro

priorities by the Master Builders Association

of NSW, and property sector groups that in

order to continue this growth in the NSW

building and property development sectors,

reform in certain areas must take place.

These areas include:

• Housing affordability and cost of land

• Reduction of land and payroll taxes

• Timely delivery of much needed land supply

• Capping of local government levies

There are however, additional issues, both at a

macro and micro level affecting the industry’s

operation which, if addressed, would lead to a

more vibrant building and construction industry.

These issues include:

• Establishment of an independent, centralised

authority to administer, regulate and oversee

the building and construction industry

(Independent Building Commission)

• Extension of the home building legislation to

cover the key specialist services provided by

architects, engineers and designers

• Improved security of payment to cover

outcomes for the client/builder contract

relationship through early intervention

• Apprenticeships/traineeships – all

apprentices/trainees are to be covered by

Workers Compensation at no liability to the

training employer, for the full-term of the

apprenticeship. This includes the introduction

of a ratio of apprentices to tradespeople

on all State Government-funded projects,

and removal of payroll tax obligations

for apprentices for the full term of the

apprenticeship

• Complete review of the existing Home

Warranty Insurance Scheme

• Developing a workers compensation system

that is more equitable and addresses the

issue of non-specific work injuries

• Establishment of a well organised building

industry agency to act as a deterrent against

unlawful conduct and coercive behaviour

• Reform to Work, Health and Safety

legislation regarding right of entry provisions

for union officials

• Review of cross border region construction

red tape, so as to bring certainty to

contractors building in various jurisdictions

Most of the issues identified above can be

implemented without impacting greatly on the

NSW budget, yet the savings and efficiencies

gained through the introduction of such

measures would be significant.

Sincerely,

BRIAN SEIDLER

EXECUTIVE DIRECTOR

February 2015

Page 17: 2015 MB NSW Magazine Jan-Mar

15

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

policy priorities

ESTABLISHMENT OF A BUILDING COMMISSION

In 2002 an inquiry into the Quality of Buildings

in NSW (Campbell Report) reported there

were a number of structural problems within

the home building process, including the

fragmentation of the regulatory regime. An

example was provided whereby certifiers

and building practitioners were regulated

by different government agencies. A key

recommendation of the Campbell Report

was for establishment of a Home Building

Compliance Commission, independent of the

State Department of Fair Trading.

Master Builders supported the

recommendation. However, it sought as

a policy position that the establishment

of a Building Commission should hold an

overarching responsibility for all sectors of the

NSW building and construction industry – and

not just the residential sector.

Master Builders has, for over a decade,

continued to present this key policy position

in order to consolidate the regulation

and administration of the building and

construction sector.

Recent inquiries into the NSW building and

construction sector have given support, and

also made recommendations for establishment

of a single state building regulator.

The 2013 independent Bruce Collins Inquiry

into Insolvency in the NSW Construction

Industry made the key recommendation that

the NSW Government undertake a cost benefit

analysis for the establishment of a separate

autonomous statutory authority called the

“NSW Building and Construction Commission”.

At the time of preparing this document, some

19 months since the Collins recommendation

there has been no outcome to the undertaking

provided by the government to the Collins

recommendation. It should be noted, however,

the current State Government committed to

undertake the cost-benefit analysis in 2015.

The NSW Independent Pricing and Regulatory

Tribunal (IPART) has also given its support

for establishment of a single building

authority, to improve building compliance and

enforcement. More recently, the NSW IPART

outlined its recommendation to establish a

single state building regulator in its 2014 draft

report into Local Government Compliance

and Enforcement.

While other state and territory jurisdictions

have, for some time, taken a more coordinated

and consolidated approach than NSW in

recognition of the significance of a vibrant

building and construction industry. There

has been a recent inquiry and review into

the Victorian and Queensland building

commissions. While the outcome of these

inquiries resulted in structural changes to

the effect of establishing new authorities in

both Queensland and Victoria, nevertheless

these new authorities provide a far greater

coordinated approach to building regulation

and oversight than currently exists in NSW.

A clear example of the duplication of industry

regulation and administration is licensing of the

residential building sector by Fair Trading and

separately, the accreditation of building certifiers

by the Building Professional Board (BPB) – the

latter itself an agency of the Department of

Planning and Infrastructure (DoPI).

Further to this, the Self Insurance

Corporation (SICorp) has responsibility for

the administration of the Home Building

Compensation Fund (previously known as

Home Warranty Insurance Scheme) of which

in effect, acts as a de facto licensing scheme,

by ensuring builders meet rigorous criteria for

eligibility to procure Home Building Warranty

Insurance Compensation, previously known as

Home Warranty Insurance.

An example of the duplication and inefficiencies

due to the responsibilities of the three

agencies above, can be seen by the recent

amendments to the Home Building Act, which

will see the establishment of a Public Register

of HWI certificates, which will be in addition

to the current public registers for licensing

administered by Fair Trading and the register

for accredited certifiers administered by the

BPB clearly a simple example where a single

authority would be positioned to establish a

consolidated register, providing greater access

for consumers and industry practitioners.

Recent wide-ranging regulatory reform process

of building and building related legislation (e.g.

planning, home building, strata) has provided

clear evidence of the difficulties and lack of

coordination where building and building

related legislation is administered across

different agencies. For example, chapter

eight of the planning white paper proposes

greater obligation on waterproofing installers

to address the recurring issue of water

proofing defects in strata buildings. However,

the regulation of waterproofing installers and

applicators is under the jurisdiction of Fair

Trading and not the DoPI nor the BPB.

This current wide-ranging reform process also

has given merit to a well-supported industry

view that a consolidated Building Act would

likely to have made the process of wide

regulatory reform across planning, strata and

home building easier, and ensured greater

coordination and cooperation in reviewing –

and a single primary construction Act. Indeed

the establishment of a consolidated Building

Act clearly dovetails into the establishment of a

single building regulatory authority.

Master Builders Policy

Master Builders advocates the establishment

of a single state building regulator, a deserving

response to the industry’s contribution to the

state economy. A single building regulator

will, over time, draw together the current

fragmented approach of various departments

and government agencies regulating and

provide oversight of the NSW building and

construction industry.

Home Building Compensation Fund (Home

Warranty Insurance)

Home Warranty Insurance, or the Home

Building Compensation Fund (HBCF) as it is

now known, remains a prominent issue and

priority for members and the wider industry.

While Master Builders seeks further review

and changes to the scheme, we recognise the

problems inherited by the NSW Government as

a consequence of the failed privatisation of the

scheme in 1997.

A priority issue is that the scheme operates as

a de facto licensing scheme, the impact of the

scheme can diminish the authority provided by a

builder’s licence whereby a person who holds a

current builder licence is authorised to contract

for and undertake all classes of residential build

work. However, the constraints and eligibility

conditions of the HBCF can effectively diminish

or control the legislative authority provided

by a builders licence, to the extent the HBCF

can arbitrarily determine if a builder can build

projects, exceeding the threshold of $20,000.

Master Builders contends that the following

proposals can further provide relief to builders

without unnecessarily compromising the scheme:

• Split the level and value of cover between

claims relating to defects and non-

completions

• Removing annual project limits and re-

instating project eligibility for the number of

jobs as each project is completed

Page 18: 2015 MB NSW Magazine Jan-Mar

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

16 policy priorities

• Increasing the threshold for non-review

of eligibility, especially for those eligibility

conditions related to low turnover and

project numbers

• Brokers are positioned as the main conduit

for communications between the licensed

• builder and the HBCF and therefore it is

critical that brokers have a comprehensive

understanding of the scheme, and can

appropriately facilitate the needs of the

builder client. It is proposed that there

should be a rationalisation of broker

services to only those brokers who are

sufficiently resourced, and have the

capacity and knowledge to facilitate their

builder client through the various nuances

of the scheme

• Requiring consumers to be more discerning

when choosing a builder rather simply

focusing on price, by limiting the benefits of

the scheme and/or applying a higher claims

excess; as two examples

• Further limiting the statutory cover to

subsequent purchasers by apply the

doctrine of ‘buyer beware’ where the

purchaser has the benefit of expert advice

in relation to the condition of the property

and consequently well-positioned to make

a decision to either purchase the property

of negotiate the purchase price based

upon expert advice. Any consequential

loss in relying on such advice should be

allocated to the expert providing the advice

or report by requiring such person to hold

appropriate insurance cover

• Exempting or providing an option of

voluntary cover for high value bespoke

projects whereby the maximum claim of

$340,000 is irrelevant to the contract price

and specification the project

• Introduce a process for establishing

the competency and credibility of

“building experts” and ensuring

independent and object opinions

and conclusions within reports

Consolidation of building regulation

The establishment of a consolidated Building

Act would underpin and enhance a single

building regulatory authority. Furthermore,

future regulatory reform would be greatly

facilitated through the benefit of a consolidated

Building Act, and provide a resource for greater

regulatory knowledge and compliance.

For example, the planning reform process

would have benefited substantially if those

technical building provisions of the Environment

Protection Authority resided in a consolidated

Building Act, and therefore the primary focus of

planning reform could be confined to reforming

strategic planning.

Master Builders recognises the process of

developing a consolidated Building Act is

substantial. However, we strongly submit that the

process should commence sooner than later.

Master Builders Policy

That the NSW Government commits to

commencing a process of consolidating

building and building related (technical)

legislation into a consolidated Building Act.

Extend licensing to building designers,

architects and engineers

Master Builders views the licensing system

as fundamental to the competency of

practitioners, quality outcomes and consumer

confidence of the home building industry. It

provides a mechanism for consumer protection

by qualifying persons seeking work in the

industry but, most importantly, it provides a

compliance process to address unacceptable

practises and poor performance.

Master Builders is concerned the key

professional services of designers, architects

and engineers, which are fundamental to the

residential construction process, continue

to reside outside of the current licensing

regulatory system. Consequently, there is little

accountability in the delivery of design and

specification services by these practitioners,

which leads to a direct risk transfer to builders

and certifiers.

There is no statutory obligation that those

providing design, engineering and specification

services are obliged to hold professional

indemnity insurance coverage in respect of

such services. Consequently, there occurs

a substantial risk transfer to accredited

certifiers, who are obligated under the Building

Professionals Act to hold professional indemnity

insurance. This risk transfer is in-turn impacting

upon insurance underwriter’s willingness to

provide cover to accredited certifiers.

Recent reforms to section 18F of the Home

Building Act 1989 were supported by the

MBA, and provide a defence for a licensee

for breach of statutory warranty where the

licensee has acted on advice provided by

a building professional engaged by the

client or consumer. However, there is little

protection or recourse for the consumer in

respect of adverse or poor professional advice

because as mentioned above, the providers

of professional services reside outside of the

Act. A default to National Consumer Law does

not provide the same wide-ranging protection

offered by the Home Building Act, especially in

relation to repeated poor performance.

Master Builders is acutely aware the Building

Designers Association and Institute of Engineers

Australia have been seeking mandatory

accreditation for their practitioners. Therefore,

practitioner representatives who seek out

regulation somewhat defeats the argument of

imposing an unnecessary regulatory burden,

when the industry itself foresees the need for

regulation of professional services through a

form of licensing or accreditation.

In making a case for government intervention

may be difficult particularly when seeking to

compile a history of complaints in respect of

professional services, which are not easily

identifiable due to being recorded amongst

other consumer or trader complaints.

However, anecdotally it is common knowledge

that complaints are common concerning

inadequate residential design and specification,

and architectural designs not fulfilling the

design brief, in particular, within the client’s

budget brief. Consequently, builders are

reluctantly positioned as de facto designers

and specifiers in order to fill gaps in design

detail or amend designs and specifications, in

order to satisfy the client’s budget.

Furthermore, it is illogical to those with an

understanding of the construction process

that licensing should start well up in the

construction hierarchy with builders and

trades, and does not begin at the fundamental

and critical process of architectural design,

specification and engineering.

Master Builders Policy

Master Builders advocates the inclusion of

architects, designers and engineers into the

licensing system under the Home Building

Act 1989.

Aligning of liability periods

In NSW significant inconsistency exists across

separate pieces of building and planning

legislation, concerning the statutory liability

period for building work. This inconsistency

causes confusion, lack of certainty and

most importantly goes against best practice

principles in the development of regulation.

Page 19: 2015 MB NSW Magazine Jan-Mar

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

policy priorities

The Home Building Act 1989 (Section 18E)

provides that a licensee shall, subject to Statutory

Warranties. Section 18(b) provide for a warranty

period of six years for structural or major defects

and two years for non-structural work.

The Environmental Planning and Assessment

Act 1979 (EP&A Act), section 109ZK provides

that despite any other Act or law to the

contrary, a building action may not be brought

in relation to any building work more than 10

years after the date on which the occupation

certificate is issued.

The extended liability period provided by

section 109ZK provides in the shifting of

liability, or initiating action onto accredited

certifiers, predominately due to the certifiers’

tenuous positon “as the last person standing”,

and their obligation as a condition of

accreditation to retain professional indemnity

insurance cover. Removal of proportionate and

several liability provisions have compounded

the problem because the risk or action cannot

be dispersed to those parties, which have a

direct contribution or cause of liability.

Master Builders Policy

Master Builders advocates that there should

be uniform liability period for building work.

The six-year period provided in Section 103B

of The Home Building Act 1989 should be

uniformly applied to building work in NSW.

NSW Civil and Administrative Tribunal (NCAT)

orders to be stayed where outstanding monies

unrelated to the order withheld.

Payments unreasonably withheld from

residential builders are a significant issue for

the industry and commonly occur in the latter

stages of the project. This creates problems

of cash flow, leading to insolvency and home

warranty claims.

This issue has been continually ignored and in

so doing reflects a common industry view that

the regulatory regime is unapologetically biased

towards the consumer. Many consumers today

are well educated in pursuing building matters,

with the assistance of building consultants

readily offering advocacy services, and aided

with the availability of the free Consumer

Advice and Advocacy Service.

The creation of the NSW Building Construction

Industry Security of Payment Act 1999 (SoPA)

was launched by the State Government as a

means to achieve, “swift and fair settlement of

any payment dispute as a vital part of the State

Government’s reform agenda for the NSW

construction industry”.

The NSW SoPA specifically excluded

homeowners or owner-occupiers from the SoPA

Act. Many other jurisdictions have modelled

their security of payment legislation on NSW.

However, Tasmania and Western Australia have

gone further and recognised the need to include

homeowners in their legislation.

The primary jurisdiction for residential

building disputes in NSW is the Consumer

and Commercial Division of the NSW Civil

and Administrative Tribunal (NCAT). NCAT

can make orders against builders to rectify

or complete work. Such orders can also

be converted to money orders. There is no

provision to require the NCAT to order the

payment or setting aside of monies owed

to the builder, which are either unrelated

to the dispute, or of a value which is not

proportionate to the work in dispute or order.

Furthermore, there is no mechanism to

ascertain if outstanding amounts duly owed

are indeed available for payment.

Master Builders Policy

Master Builders advocates that provision

be made for the NCAT to be required to set

aside monies owed and/or outstanding under

a home building contract, and be subject to

release once the NCAT orders have been

complied with.

Measuring the cost impact on housing

affordability

The Sydney median house price currently

sits at $715,000 (as at January 2015),

confirming the Emerald City as one of the

most unaffordable places to own a home. It

is recognised that housing activity in NSW

is increasing and growth is predicted to

be sustained. However, there remains a

substantial gap between supply and demand.

Key factors leading to worsening housing

affordability have been consistently articulated

by industry and, amongst other things, the

impost of levies, taxes and charges is a core

issue –together with direct and indirect costs,

resulting from regulatory and government reform

at both a state and local government level.

There appears to be neither a requirement nor

a mechanism for government, and its various

departments and agencies to measure, and

report the cost impact on housing affordability

resulting from government decisions and

reforms. Consequently, the resulting cost

impact on housing affordability in reality is

unknown and therefore there is no response

to contain, remove or offset such costs. Even

where regulatory reform is the subject of a

Regulatory Impact Statement (RIS), resulting

costs to housing are not reconciled to measure

the impact on housing affordability.

The requirement to measure and report such

cost will provide an improved measure of

housing affordability and, importantly, should

provide greater sensitivity to the cost impact on

housing affordability.

Master Builders Policy

Master Builders advocates for the

establishment of a reporting structure for

government, requiring the reporting of any

charge or cost likely to impact on housing

affordability to a central authority.

Dedicated cabinet minister

The NSW building and construction industry

contributes over $25 billion to the NSW

economy and is a major job creator, with the

sector employing over 300,000 people. The

building and construction sector is integral

to the NSW Government’s infrastructure

renewal program.

Master Builders calls for a dedicated minister

in cabinet and departmental agency to

work with industry to drive new and modern

industry policies and programs, which will

attract private sector investments due to the

focus and efficiencies that such a dedicated

approach can deliver.

Master Builder Policy

Master Builders calls for a senior minister

in cabinet with a dedicated agency to be

responsible for the building and construction

industry in NSW.

Education and training

Master Builders’ survey of industry clearly

reveals that the building and construction

industry has an aging work force.

By the end of this decade some 80,000

tradespeople will leave the industry due to

retirement. The main feeder to replenish

licensed builder numbers is through the

apprenticeship system which, at the current

rate, will only be able to replace half of these

retiring tradespeople.

Industry studies indicate that over the next five

to six years the amount of construction work

to be undertaken in NSW is substantial in all

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sectors of the industry. The industry, as whole,

needs to embrace the training of young people

through apprenticeships and traineeships, so

that we have the necessary to skills to meet

this demand.

In order to meet the demand of the future

skills needs of the industry, Master Builders

recommends the NSW Government

introduce the requirement of a specific ratio

of apprentices to tradespersons on all State

Government-funded projects.

The ratio should be incorporated into the

NSW Code of Practice for the building and

construction industry and tender documentation.

Master Builder Policy

Master Builders advocates the NSW

Government introduce the requirement of a

specific ratio of apprentices to tradesperson

on all State Government-funded projects. The

ratio should be incorporated into the NSW Code

of Practice for the building and construction

industry, and tender documentation.

Workers compensation – non specific work

incident injuries

The cost of claims borne by employers of

employees for nonspecific work incidents,

for example, loss of hearing and bad backs

is extremely high. In many instances, these

nonspecific incident injuries can greatly impact

on a company’s ability to continue trading.

Master Builder Policy

Master Builders advocates that all non-specific

work incident injuries be treated as an industry

injury, and funded through an industry claim

pool established for such injuries.

Workers compensation – deemed worker

The cost and time burden of business

regulation has been the subject of inquiry at

both federal and state levels. Governments

universally concede that overregulation

or inefficient regulation adds unnecessary

business costs.

Industry surveys have consistently rated

workers compensation as a major issue

confronting building businesses. The definition

of a deemed worker continues to be a major

issue, particularly for the residential building

sector, which is heavily reliant upon small

contracting entities – often single operators –

undertaking specialised trade work.

Master Builders believes simply adopting the

common law definition does not deliver the

desired clarity or certainty.

Master Builder Policy

Master Builders seeks the ambiguity

surrounding the definition of employee versus

contractor be clarified through legislation.

Workers compensation – apprentices / trainees

The cost and exposure of workers

compensation to employers training

apprentices is a major barrier to engaging

apprentices. Master Builders’ survey clearly

identified that builders would rather forego

training apprentices than confront the inherent

risk under workers compensation, and

occupational health and safety legislation.

Master Builder Policy

Master Builders advocates that in order to give

added incentive to employers to engage young

people in apprenticeships and traineeships,

the workers compensation premium and

risk associated with the cost of any claim for

injuries sustained, should not be borne by the

employer, regardless of the size of the business

for the duration of the apprenticeship.

Payroll tax – apprentices

Many in industry see the application of payroll

tax as a direct disincentive to employing

people, particularly apprentices.

Master Builder Policy

Master Builders advocates that in order to

give added incentive to employers to engage

young people in apprenticeships, there

should be no requirement on the part of

employers to pay payroll tax for apprentices

during the apprenticeship.

Workplace relations

With a changing approach to workplace

relations at a national level, the commercial

sector of the building and construction

industry in NSW believes an industry specific

regulatory framework should be established to

ensure a strong and disciplined approach to

the rule of law. Such a framework will ensure

that responsible behaviour of industry parties

continues to be encouraged.

Master Builders advocates the establishment

of a well-resourced building and construction

industry specific agency in NSW.

This industry specific regulatory agency would

also need to be equipped with sufficient

statutory powers and penalty provisions to act

as a meaningful, ongoing deterrent against

coercive behaviour and unlawful conduct.

Further, Master Builders advocates that the

NSW Code of Practice and Industrial Relations

Management Guidelines should be revised

and strengthened, so the State Government is

better able to enforce acceptable standards of

behaviour across its projects, as a major client

to the building and construction industry.

Master Builder Policy

Master Builders advocates for the

establishment of a well-resourced specific

building and construction industry agency in

NSW, to act as a deterrent against coercive

behaviour and unlawful conduct. Master

Builders advocates that the NSW Code of

Practice and industrial relations guidelines

should be revised and strengthened, so

acceptable standards of behaviour are

achieved and maintained on projects

throughout NSW.

Work health safety

Right of entry by union officials seeking to gain

access to building sites for health and safety

purposes is regularly abused.

Master Builder Policy

The Work Health and Safety Act 2011 (NSW)

should be amended in the following terms:

Right of entry permit holders should be

required to provide 24-hours’ notice to

attend the workplace to investigate health

and safety matters. Amend Section 28 of the

Work Health and Safety Regulation 2011 to

require a right of entry permit holder to provide

a written report to the regulator and company

within 14 days, setting out the actions and

relevant outcomes taken by the permit holder.

Cross border construction

NSW is in a unique position with state

borders with four jurisdictions, namely

Queensland, Australian Capital Territory,

Victoria and South Australia.

Contractors who conduct work in cross-border

regions continue to face a myriad of variances

in legislative and technical procedures when

working in a number of cross-border regions.

This “red tape” often leads to delays in projects

commencing which, in turn, can often cause

cost increases for all involved. Examples of

difference include Home Warranty Insurance,

licencing requirements both in the commercial

and residential sectors and continuing

professional development to name a few.

Master Builder Policy

Master Builders recommends that a detailed

study of the various cross border jurisdictions

be undertaken to identify and remove

impediments to timely construction.

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newsbrief

NEWSBRIEF

WORK HEALTH AND SAFETY WORKPLACE RELATIONS

MASTER BUILDERS AND SAFE WORK AUSTRALIA CONSULT ON RESEARCH PRIORITIESOne of Safe Work Australia’s functions is

to conduct and publish research relating

to occupational health and safety, and

workers’ compensation in order to inform

the development or evaluation of policies

in relation to those matters. Research

priorities are agreed annually by the Safe

Work Australia members. The research

and evaluation plan focuses primarily on

evaluating the objectives of work health

and safety (WHS) harmonisation including

the costs of compliance for businesses,

efficiencies for governments resulting from

harmonisation and businesses’ perceptions

of, and activities undertaken, to meet their

WHS obligations.

The focus this year is on exposures to

carcinogens, asthmagens, psychosocial

hazards and musculoskeletal disorders.

The research focus is strongly influenced

by priority industries, disorders and action

areas specified in the Australian Work Health

and Safety Strategy 2012-2022, as well

as issues identified in the national workers’

compensation and fatality statistics.

PRODUCTIVITY COMMISSION RELEASES ISSUES PAPERS ON WR INQUIRY On 22 January 2015, the Productivity

Commission released five issues papers

relating to its public inquiry into the

performance of the Australian workplace

relations framework. The issues papers are

intended to canvas fundamental questions

about Australia’s workplace system. Some

unions have raised issues merely asking

these questions puts workers entitlements

under threat. In reality, the commission

has asked all Australians to give their

views about the best system for the future.

The Australian Government asked the

commission to undertake the wide-ranging

inquiry into Australia’s workplace relations

system in late December 2014, with a report

date of November 2015.

FWBC FLAGS GREATER EMPHASIS ON CODE COMPLIANCEIn an address to the National industrial

Relations Advisory Committee on 29

January 2015, Nigel Hadgkiss, director of

the Fair Work Building and Construction

Agency, said that in 2015 contractors’

compliance with the Building Code 2013

would be a high priority. Master Builders

has separately written to the Department

of Employment highlighting that greater

use of the 2013 code to implement current

government policy is an option that should

be examined. The 2014 code, whilst issued

in advance of its coming into effect, remains

stalled in the Senate logjam of workplace

relations Bills.

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newsbrief

ECONOMICS AND TAXATION

COMMISSION PERMITS DE FACTO EXTENSIONS OF TIME IN UNFAIR DISMISSALSIn a decision dated 6 January 2015 the

Fair Work Commission has effectively given

those lodging by telephone further time

in which to make their case. Employees

are not required to specify the grounds

for their claim or the remedies they want

when they file an unfair dismissal claim with

the commission by telephone. The Fair

Work Commission rules 2013, at rule nine,

indicate that an unfair dismissal application

may be made by telephone, after which the

commission prepares a written application

form for the applicant. The applicant

then has a further 14 days to complete,

sign and file the application form with the

commission.

In the recent case, the employee was

dismissed on 25 September 2014. The

employee’s representative made a telephone

application for an unfair dismissal remedy

on 15 October, and then filed a completed

application form on 21 October. The

employer argued that the application was

not valid and was out of time because the

remedy sought by the employee, and the

reasons why he said his dismissal was unfair,

were not specified at the time the telephone

application was made on 15 October.

Deputy president Gooley dismissed the

employer’s arguments, noting that the

commission rules do not require an applicant

to provide any particular information when

making an application by telephone, but

do require this information to be provided

when the written application form is filed.

The deputy president also rejected an

argument by the employer that the ability to

make an incomplete telephone application

enables employees to avoid the 21-day

time limit, saying “the applicant is required

to commence the proceeding within the 21

day time limit. The rule does no more than

permit this to be done in a quick, flexible and

informal manner.” This conclusion seems to

ignore the practical effect of the practice.

Master Builders will be pointing out this

anomaly to the Productivity Commission.

LEGAL AND CONTRACTS

ACCC ISSUES AN INVOICE EMAIL SCAM WARNINGThe ACCC is warning businesses to

beware of an invoice email scam. It involves

scammers pretending to be legitimate

suppliers advising changes to payment

arrangements. Scammers hack into vendor

and/or supplier email accounts and obtain

information such as customer lists, bank

details and previous invoices. Your business

then receives an email, supposedly from

a vendor, requesting a wire transfer to a

new or different bank account. The email

may look to be from a genuine supplier

and often copies a business’ logo and

message format. It may also contain links

to websites that are convincing fakes of the

real company’s homepage or links to the real

homepage itself. For tips on protection from

scams visit the SCAMwatch website.

BUSINESS CONFIDENCE NEEDS A REBOOTAccording to the National Australia Bank’s

(NAB) monthly survey, business confidence

rose fractionally in December 2014, following

four straight declines. The improvement was

not enough to reverse the downward trend

and still leaves business confidence well

down from levels seen throughout late 2013

and most of 2014. In contrast, business

conditions fell marginally but continue a

trend improvement. In summarising the

latest results, NAB said “the survey shows

a patchwork economy with little-to-no

momentum.”

LOWER INFLATION AS PETROL PRICES FALLA large decline in fuel prices led to a fall

in the consumer price index (CPI) in the

December quarter. The headline CPI rose

by only 0.2 per cent in the quarter, for a

1.7 per cent annual result. Underlying CPI

adjusts for one-off and volatile items, and

this measure was higher than expected at

0.7 per cent over the quarter, resulting in

annual underlying inflation of 2.3 per cent.

RBA’s messages pointing to predictability

and stability on monetary policy will be

unchanged as a result of this latest reading

on inflation.

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newsbrief

INDUSTRY SKILLS FUND OPENS FOR BUSINESSOn 19 January 2015, the new Federal

Assistant Minister for Education and

Training Senator Simon Birmingham

announced that the government’s new

$476 million Industry Skills Fund was

opened for funding applications. The fund

will provide up to 200,000 training places

and skills advice for businesses over the

next four years, and is a key element of

the government’s Industry Innovation and

Competitiveness Agenda.

The government has announced that priority

will be given to small and medium-sized

businesses, including micro businesses,

as well as to businesses looking to grow

in the sectors in which Australia enjoys a

competitive advantage, such as advanced

manufacturing, food and agribusiness,

medical technology, mining equipment, and

oil, gas and energy resources.

Businesses in the building and construction

industry are able to apply, but must clearly

demonstrate in their applications how

funding will be used to support business

growth or take advantage of new market

opportunities. Businesses seeking support

to train workers will be required to make a

contribution of between 25 and 75 per cent

to the cost of training. The co-contribution

rate depends on the number of employees,

with smaller businesses receiving higher

levels of support. Applications can be made

at any time throughout the year.

ECONOMICS AND TAXATION

ENCOURAGING JOBS DATANationally, ABS estimates that total

employment rose by 37,400 in December

2014. As BT Financial notes, after a similar rise

in November (44,900), the result represents

the best two-month gain in more than eight

years. Employment has now risen by 214,000

(1.9 per cent) in the past year, compared with

1.3 per cent in the year to November and the

trend series has risen by 1.4 per cent in the

past year. The unemployment rate eased to

6.1 per cent from a revised 6.2 per cent in

November (originally reported at 6.3 per cent).

Although the Reserve Bank will be encouraged

by the latest jobs data, the drawn out nature

of the transition from mining to non-mining

investment looks like it will continue. Despite

the latest positive jobs data, analysts still

expect some further deterioration in the

unemployment rate over 2015 due to the soft

economy. Job losses in some sectors will

keep a lid on total jobs growth despite solid

prospects in other sectors such as building.

RATES CUT A BOOST FOR BUILDERS Master Builders Australia recently welcomed

the Reserve Bank of Australia’s (RBA)

decision to cut official interest rates by one

quarter of a percentage point, particularly

in the light of waning confidence in the still

fragile Australian economy. The rates cut

should help reboot confidence and ensure

the building, and construction industry can

play a key role in rebalancing the economy.

The RBA’s decision will benefit the housing

market even as residential builders enjoy

a solid uplift in activity driven by pent-up

demand. Commercial builders will particularly

welcome the RBA’s move to lower rates as

non-residential building continues to suffer

from the effects of weak business investment.

TRAINING

HIGHEST EVER APPROVALS POINT TO LOOMING HOUSING BOOM The latest data from the ABS shows

Australia recorded annual dwelling approvals

of more than 200,000 for the first time ever.

The building approval figures support Master

Builders’ forecast of a looming residential

building boom in 2015, and challenge

preconceptions that the approvals growth

cycle had peaked. The slight fall back in

approvals for December 2014 of 3.3 per

cent seasonally adjusted came after the

spikes seen in October and November 2014

of 11.9 and 7.7 per cent respectively. The

historic high is being driven by a boom in

apartment building in Sydney and Melbourne

that shows no immediate sign of abating.

A strengthening pipeline of work will boost

builder confidence. This will drive much

needed job creation and investment in both

the industry and wider economy.

POSITIVE JOBS GROWTH FOR BUILDING AND CONSTRUCTION Detailed industry employment data show

positive employment growth for the nation’s

third largest industry, building and construction.

Employment rose by 0.6 per cent, seasonally

adjusted, in the November quarter. In original

terms, the number employed in the building

and construction industry rose to 1,056,800

with the 4.7 per cent growth recorded over

the year driven by the upswing in residential

building, offsetting the impact of jobs lost in

engineering construction as the downturn in

mining investment unfolds.

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newsbrief

HOUSING AFFORDABILITYAustralia is fast approaching a ‘housing

affordability ceiling,’ according to a major

international credit rating agency. Fitches

described us as the third most expensive

country in the world for affordability.

They attribute the high level of housing

unaffordability to Australia’s almost 25

years of unbroken economic growth, stable

employment and record low interest rates.

HOUSE PRICE OUTLOOKConsumer and industry expectations for

house price growth in 2015 continue to

weaken. A new survey of the residential

property sector by the National Australia

Bank has found house prices around

the nation are, on average, expected to

increase by just 1.5 per cent this year,

down on previous forecasts (of 2.1 per cent

growth). The best performing states are

seen to be Victoria (where house prices, on

average, are predicted to rise by 2.2 per

cent), Queensland (up 2.1 per cent), and

NSW (up 1.5 per cent).

HOME OWNERSHIPA new study has found substantial falls in

home ownership rates amongst younger

Australians over the past three decades.

The analysis by the Australian Housing

and Urban Research Institute (AHURI), a

Federal Government-funded housing think

tank, shows home ownership rates have

HOUSING

fallen across all age groups, except those

aged 65 years plus. The largest falls were

seen in the 25 to 34 year age group (down

from 55.5 per cent in 1981 to 34 per cent

in 2011, a fall of 21.5 percentage points),

and in the 35 to 44 year age group (down

from 75.4 per cent to 60 per cent, a drop

of 15.4 percentage points, over the same

time frame).

INDUSTRY CONFIDENCE JUMPS A recent survey from the ANZ Bank

has found business confidence in the

property sector eased slightly in the March

Quarter of 2015.  However sentiment

for 2015, as a whole, remains positive

with expectations of improving levels of

activity as the year unfolds. The survey

also reported continued optimism for the

outlook for the housing sector, reflecting

expectations of elevated rates of auction

sales, more moderate rates of growth

in house prices and strong dwelling

approvals. Business confidence in the

property sector was strongest in New

South Wales, Victoria and Queensland,

with a strong result in Tasmania reflecting

a sharp increase in expectations for the

tourism property sector.

MORTGAGE PAIN EASESMortgage delinquency rates continue to ease,

largely on the back of low and stable interest

rates.  A new report by Fitch’s found the

highest incidence of mortgage delinquency

in the nation were in the northern Melbourne

suburb of Hume (with 1.67 per cent of

mortgagees in arears), Central Coast of

NSW (1.58 per cent), and in Caboolture and

Ipswich, Queensland (1.49 per cent and 1.46

per cent, respectively).  In contrast, the lowest

incidences of mortgage delinquency were in

northwest inner Brisbane, and lower northern

and innerwest Sydney.

FOREIGN INVESTMENT IN LAND TO DROPThe Federal Government reecntly

announced changes to the rules covering

foreign investment in agricultural land. The

new rules follow a recent report by the

Federal Parliament into foreign investment

in Australian real estate. Under the new

arrangements, the threshold for screening

purchases by foreigners of agricultural

land will drop from $252 million to

$15 million, with the latter figure being

based on cumulative values and include

proposed purchases.  Other elements

include establishing a national register of

foreign ownership of agricultural land, with

the Australian Taxation Office performing a

stocktake of such land holdings.

MASTER BUILDERS NATIONAL CONFERENCEMaster Builders are excited to announce its

biennial national conference will be heading to

the Gold Coast in November 2015, in what is

promised to be the industry event of the year.

Unlike many traditional industry conferences

that have a program full of just technical

sessions, the Building Australia conference

stands out from the rest. The conference will

focus on leadership and assist members to

make informed decisions on continuing to

grow their business, whilst developing and

maintaining strong leadership attributes within

their business ethics. High-profile speakers

will examine the building industry outlook

and topics relevant to today’s building and

construction industry.

The conference program and registration

includes partners and a social program

to be launched in mid-May, along with a

super early bird end-of-financial year special

registration price. The Master Builders

Excellence in Building Construction Awards

will be presented as part of the national

conference on the Saturday evening as the

grand finale to an exciting conference on

the Gold Coast. Organisers look forward to

seeing you there!

For more information visit www.

masterbuilders.com.au/Events/national-

conference

EVENTS

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Page 26: 2015 MB NSW Magazine Jan-Mar

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regional roundup

MASTER BUILDERS NATIONAL AWARD WINNER

Don’t forget the upcoming 2015 Master

Builders Excellence in Building Awards

Newcastle. Entries close 15 May 2015.

The gala night takes place on 4 September

at Wests New Lambton.

Call Kerri Richards on (02) 4953 9400 for

more information.

HUNTER DIVISION

Congratulations to Hansen Yuncken on winning the MBA National Award for the Birubi Surf

Life Saving Club in the category of National Public Building Under $5 million. The Birubi Surf

Club, located at Anna Bay, is an impressive building that has adjoining public amenities and

restaurant. The restaurant features polished concrete floors and acoustic timber panels while

hardwearing durable finishes were used throughout the clubhouse. This is a great achievement

for Hansen Yuncken.

Birubi Point Surf Life Saving Club

MBA 2014 HUNTER DIVISION RACE DAY The MBA Hunter Division held a very successful Race Day at the Newcastle Jockey Club on Saturday, 6 December 2014 with over 170 people attending.

A great day was had by all, with fashions on

the field, lucky door prizes and losing ticket

draws proving very popular on the day! A big

thank you to our sponsors on the day: MBA

Insurance Services, Kone, NHS, Newcastle

MBA Apprentices, Bass Floor Company

Newcastle, Mitsubishi Electric and Hanson.

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regional roundup

OXLEY DIVISION

2014 RACE DAY HEATS UP FOR OXLEY DIVISION

The Oxley division held their annual race day

on 14 November 2014. It was very warm

outside, so it was great to be in the air-

conditioned comfort of the Clydesdale room

at the Port Macquarie Race Club.

The race day was sponsored by A W Edwards,

BDM Constructions, Kennards Hire, One Steel,

Petries Mitre 10, Stowe Australia and Tiles with

Style. With an excellent turn out and plenty of

food and refreshments, a lot of fun was had by

both winners and losers.

Todd Hardie (far right), One Steel, congratulating the winner of the Class 1 and Maiden Plate

Luke Reeves, Paula Beauchamp & Crystal Beauchamp enjoying the day

Kyll Goodsell (right), Stowe Australia, congratulating the winner of the CG & E Maiden Handicap

Kimbal Dunham (right), A W Edwards, congratulating the winner of the F & M Maiden Handicap

Peter Hollins (right), Tiles with Style, congratulating the winner of the Hastings Handicap

Rochelle, Ashley & Melissa from BDM Constructions with Peter from the Port Macquarie Race Club

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ULLADULLA DIVISION

RACING TO BRIGHTEN CHILDREN’S LIVESBack in 2013, the members of the Shoalhaven division won a 10 per cent share of a racehorse for 12 months through the Mollymook Race Club.

At a division meeting all present agreed that whatever winnings from the horse,

named Chantilly Prince, would be donated to a local organisation called Yarana for

Kids, which has a number of holiday homes for children suffering from cancer. It is

a highlight in their lives to come and spend a free holiday on the South Coast, and

they are pleased to be part of it.

While the horse only collected $410, it was handed over to Elaine Holloway,

President of Yarana for Kids by Shoalhaven President Rob Bevear on 19

November 2014.

FESTIVE NEW YEAR FOR ULLADULLAAs part of the festive season, MBA Ulladulla Office engaged the local Lions Club to place a Santa on the office roof, as many businesses do along the South Coast.

The office is always pleased to take part in this Christmas tradition, which is enjoyed by Members and their families.

Our traditional Santa decorationOffice Christmas decorations

26 regional roundup

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27mca awards

QUALITY WORKMANSHIP CELEBRATED AT 16TH ANNUAL AWARDS FOR BRICK AND BLOCKLAYING EXCELLENCEThe Masonry Contractors Association of NSW

& ACT (MCA) conducted its 16th Annual

Awards for Brick and Blocklaying Excellence

on Friday, 7 November 2014. Once again, the

work of the 46 entries from both NSW and the

ACT were submitted over seven categories.

The event was held at Dockside in Cockle Bay

with 250 members, sponsors and guests in

attendance. The Master of Ceremonies was

Geoff Noble, CEO of the Australian Brick and

Blocklaying Training Foundation.

Trent Ryan from Wollongong TAFE, Riley Craig

from Newcastle TAFE and David Coleiro from

Guildford TAFE were honoured as apprentices

of the year. The association also presented

Sam Spong, winner of the World Skills 2014

competition in Perth in September, with an

achievement trophy. Sam will now compete in

the international competition in Brazil for 2015.

Also recognised on the night were industry

legends John Brady of Austral Bricks and

John Wash of Austral Masonry for their 32

and 28 respective years of salesmanship in

the industry.

Workmanship was once again of the highest

quality, revealing innovation and architectural

proficiency with a product that is clearly still

relevant in today’s market despite being a

staple for centuries. The quality of the work

was of a high standard as judged by the

teachers from the Brick and Blocklaying

Department at Nirimba TAFE.

After the awards were presented and the grins

photographed, the attendees were treated to

the hilarious observations of Sydney-based

comedian Mick Meredith, who entertained the

audience with his unique humour and song

parodies. Then it was onto the dancing, with

music by the Tim Pringle Duo.

MCA would like to thank the ABBTF for

platinum sponsorship, as well as all the

sponsors throughout the year and especially

for the evening that would not have been

possible without their support.

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mca awards

WINNERS

OVERALL WINNER 2014UNIVERSITY OF NSW STUDENT RESIDENCE

CONTRACTOR: Lamio Masonry

BUILDER: Richard Crookes

BRICK SUPPLIER: Austral Bricks

ARCHITECT: Bates Smart

CATEGORY 1 – SINGLE DWELLING BRICKWORKCLOVELLY RESIDENCE

CONTRACTOR: Heritage Masonry and Stone

BUILDER: Destech Builders

BRICK SUPPLIER: PGH Bricks

ARCHITECT: Jahn Jabbour

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mca awards

CATEGORY 2 – MEDIUM DENSITY BRICKWORK ALORA APARTMENTS

CONTRACTOR: Lamio Masonry

BUILDER: Hutchinson Builders

BRICK SUPPLIER: Boral Bricks

ARCHITECT: Turner & Associates

CATEGORY 2 – MEDIUM DENSITY BRICKWORK MERIT AWARD WINNER

LING APARTMENTS

CONTRACTOR: Optimum Brick & Blocklaying Pty Ltd

BUILDER: Creative Building Services Pty Ltd

BRICK SUPPLIER: Boral Bricks

ARCHITECT: Colin Stewart Architects

WINNERS

Page 32: 2015 MB NSW Magazine Jan-Mar

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Page 33: 2015 MB NSW Magazine Jan-Mar

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mca awards

WINNERS

CATEGORY 3 – COMMERCIAL BRICKWORK

UNIVERSITY OF NSW STUDENT RESIDENCE

CONTRACTOR: Lamio Masonry

BUILDER: Richard Crookes

BRICK SUPPLIER: Austral Bricks

ARCHITECT: Bates Smart

CATEGORY 3 – COMMERCIAL BRICKWORK MERIT AWARD WINNER

OUR LADY OF THE SACRED HEART SCHOOL

CONTRACTOR: Narellan Bricklaying

BUILDER: Reitsma Construction

BRICK SUPPLIER: Austral Bricks

ARCHITECT: JDH Architects

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mca awards

CATEGORY 4 – RESIDENTIAL BLOCKWORK

WOOLOOWARE TOWN HOUSES

CONTRACTOR: Red E Bricklaying

BUILDER: JA Palumbo

BLOCK SUPPLIER: Austral Masonry

ARCHITECT: Cavarous Architects

CATEGORY 5 – COMMERCIAL BLOCKWORKSYDNEY ADVENTIST HOSPITAL

CONTRACTOR: Brickmen Constructions

Australia Pty Ltd

BUILDER: Buildcorp

BLOCK SUPPLIER: Austral Masonry

WINNERS

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mca awards

CATEGORY 6 – ORNAMENTAL BRICKWORKBRIGIDINE COLLEGE ST IVES

CONTRACTOR: Hyntor Pty Ltd

BUILDER: Co-Wynn

BRICK SUPPLIER: PGH Bricks

ARCHITECT: Fulton Trotter Architects

CATEGORY 7 – ORNAMENTAL BLOCKWORKWINDSOR DOWNS RESIDENCE

CONTRACTOR: Onshore Services

BUILDER: Clayton Kennedy

BLOCK SUPPLIER: Adbri Masonry

WINNERS

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women in construction

SERENA GUIDICE – YOUNG BUILDER OF THE YEAR In November 2014 Master Builders recognised the latest of a number of inspiring women excelling in the building and construction industry.

Serena Guidice from Geraldton in Western

Australia became the first female National

Young Builder of the Year. Serena was

presented with her award by Federal Minister

for Women Michaelia Cash, who, in her speech,

acknowledged the unsung role of women in the

industry, particularly in family businesses.

Serena comes from such a background. Her

father established Geraldton Homes and

Serena worked with him, choosing to pursue a

career in a male-dominated industry.

When her father passed away the family firm

faced a choice experienced by many family

building firms in the past; either the son would

take over or the business would close its doors.

But, in a move that displayed her great

courage, Serena took on the running of the

business, becoming the registered builder and

taking over the reins of management. This won

her the clear respect of her peers.

Inspiring as those achievements are, Serena has

also taken on leadership roles in the building

industry and she is the chair of her regional

Master Builders Association in mid-west WA.

Serena is an outstanding role model for women

in the building trade. Equally important is her role

in managing the business, and she is not alone.

2014 saw Master Builders Associations

around Australia giving recognition to the

achievements of women in construction.

In New South Wales, Victoria and Western

Australia the talents of female apprentices were

celebrated with awards for excellence.

In the ACT a young woman working as a

project manager for a tier-one builder won a

Master Builders award recognising her skills.

In Queensland, the Master Builders Women

in Construction Award was won by a woman

who had worked her way up from an executive

assistant role to gain building qualifications and

is now employed as a project and site manager.

In Victoria, the Master Builders Builder of the

Year was also a young woman.

Like Serena, they are inspirational examples

of how young women can excel and forge

rewarding careers in building and construction.

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35housing

MAJOR CHANGES TO HOME BUILDING LAWSOn 15 January 2015, the first round of changes to NSW home building laws commenced, with changes to residential building contracts to commence on 1 March 2014. Several changes are the culmination of years of lobbying by Master Builders. The changes appear to have wide acceptance by industry. However, consumer lobbyist groups and lawyers have suggested that some changes, such as a new definition of a ‘major defect,’ in their interpretation go towards favouring developers by reducing the statutory warranty period for certain defects.

insurance by providing for a jail sentence.

Master Builders is aware of custodial sentences

being imposed previously. However, this was

done in relation to prosecutions under other

legislation such as the Crimes Act. The new

changes will now provide for a monetary penalty

of $55,000 or 12 months in prison or both,

where an individual has been convicted of a

second and subsequent offence for unlicensed

contracting or not having insurance under the

Home Building Compensation Fund (previously

referred to as home warranty insurance).

The 30-day grace period for the restoration

of a licence has been removed. If a licensee

has failed to renew their licence and NSW

Fair Trading has determined that they are not

eligible to have their licence restored, then they

will not be able to continue contracting and

doing work while appealing the decision.

Changes have been made to the scope of

work of structural landscapers. Previously,

the scope of work of structural landscapers

was linked to whether development consent

was required for the work. The new definition

removes the reference to development consent

and furthermore, extends the scope of work

to allow structural landscapers to build decks.

The change also allows the head contracting

of specialist work, such as electrical work and

plumbing work in relation to the structural

The package of reforms applies over 50 changes

to the Home Building Act covering licensing,

owner builders, home warranty insurance, and

disputes, defects and statutory warranties.

Licensing

The monetary threshold for when a licence is

required to perform residential building work

has been increased from $1000 to $5000,

based on the market value of labour and

materials. This change has been made with

the intent to reduce red tape by excluding low

monetary value work. (Note: For specialist

trade work of plumbing and electrical work

the threshold remains at zero and a licence

is therefore required to perform this work –

irrespective of the value.)

The requirement to hold a licence to

perform standalone internal painting, and

work related to the construction of tennis

courts, ponds and water features has

been removed. (Note: A licence for internal

painting work will still be required where

internal painting work is associated with

other building work. For example, as part

of a contract for the construction of a new

residence or major renovation.)

The Home Building Act has been strengthened

to deal with repeat offenders contracting

without a licence, or not providing statutory

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36 housing

landscaping contract so long as the specialist

work is subcontracted to those appropriately

licensed for such specialist work.

Several changes have also been introduced to

address the practice of “phoenixing,” where a

company intentionally enters into insolvency

to avoid unpaid debts and then re-emerges

as a new company under a different name.

New notification requirements will require

that licence holders must notify NSW Fair

Trading when a licensee becomes bankrupt or

insolvent. If the licence is held by a corporation,

it must notify NSW Fair Trading if it is wound

up or de-registered. If there is a failure to

comply, executive liability offences can apply to

the directors and those involved in managing

the corporation. In addition, a fit and proper

person test becomes mandatory, and refusing

or cancelling a licence where an individual or a

person involved in a home building entity has

been the subject of an unreasonable number

of complaints, cautions, penalty notices or

insurance claims.

Owner Builders

Master Builders has strongly lobbied

successive governments over a number of

years for tighter legislation covering owner

builders including disclosure of owner

builder work on the property title as occurs

in Queensland and furthermore, a return to

the original intent of owner builder permits,

which was for persons working in the industry

to build their own home. While the current

changes don’t go that far, the current reforms

are welcomed and should reduce pseudo

developer activity under guise of owner-builder.

Under the changes, owner-builders will be

required to name all owners or persons with an

interest in the land to ensure those with such

an interest in the land are unable to obtain

additional permits for different properties for

five years. It will also not be possible to obtain

a permit for a dual occupancy, unless special

circumstances exist.

Owner builders will be no longer required to

obtain home warranty insurance if they are to

sell their property within six years. Effectively,

the government being the only provider of

statutory insurance in NSW will no longer

provide such insurance to owner-builders. The

real impact of this change on future owner

builders is that the change will also require

vendors to include a conspicuous note on the

contract of sale that there is no insurance on

the property, which will go some way to identify

to potential purchasers that the property was

constructed under an owner-builder permit.

(Note: trade contractors working for an owner-

builder will still be required to provide statutory

insurance where the contract for labour and

materials exceed $20,000.)

Owner-builders will now be required to hold

a valid industry safety induction card when

making application for an owner-builder permit.

This is the same qualification as required of

professionals in the industry. Also included in

the changes is an increase in the monetary

threshold requiring the completion of the owner-

builder course from $12,000 to $20,000. The

threshold for when an owner builder permit

is required has also increased from $5000 to

$10,000 and where development consent for

the project is required.

Home Warranty Insurance

The statutory insurance scheme remains

much the same. However, what may seem

cosmetic is that the statutory insurance will no

longer be called ‘home warranty insurance,’

rather ‘insurance under the home building

compensation fund.’ The change in name is an

attempt to draw away from the term ‘insurance’

as it is commonly known, as ‘home warranty

insurance’ is unlike any other insurance product

in the marketplace, other than certain similarities

with workers compensation.

A public register of insurance certificates is

to be established by the NSW Self Insurance

Corporation (the government provider of

statutory cover). This register will assist in

countering fraud or falsification of insurance

certificates and help consumers and approval

authorities to check that certificates are genuine.

Subsequent purchasers will also know if there

have been previous claims on the property.

The changes to the regulations will now

exempt kitchens and other built-in cabinetry

work from requiring compensation cover where

such work is under a standalone contract.

Licensed contractors who do work on behalf

of a retirement village operator or developer

will also be exempt from holding insurance in

relation to the work.

The ‘disappearance’ trigger for a claim has

been clarified to mean that ‘a person cannot

be found in Australia.’ The definition of ‘story’

and ‘rise in story’ is to be entirely consistent

with the National Construction Code.

The definition of ‘commencement’, for the

purpose of a non-completion claim, has been

defined to mean ‘residential building work done

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housing

on the land to which the contract relates’.

Other work such as site preparation work (not

residential building work) will not be considered

the commencement of work.

Disputes, defects and statutory warranties

The statutory warranty period of two years

for non-structural defects and six years for

structural defects remain unchanged. However,

the term ‘structural defect’ has been replaced

with the term ‘major defect’ occurring in a

‘major element’ of the building. The term

‘major element’ has also been defined to

mean a part of a building impacted in such

a way to cause the building or part of the

building to be uninhabitable, unable to be

used for its intended purpose. It also covers

the collapse, partial collapse or destruction

of the building. (Note: a ‘major element’ also

includes waterproofing, fire safety systems and

loadbearing elements.)

This change above has been a cause for

concern among consumer groups and their

lawyer advocates in that serious defects will be

deflected into the two-year warranty period,

even though they would have been considered

as serious structural defects under the

previous definition. Master Builders objectively

does not share this view and no doubt, in time,

the changes will be tested in the courts.

The new changes also put more responsibility

on consumers and bring a sensible balance

to the Act – long sought by Master Builders.

Under the changes, consumers can no longer

allow defects to linger and further deteriorate,

and will be obligated to give written notice to

the licensee within six months of becoming

aware of a defect. Importantly, a consumer

must not unreasonably prevent a licensee from

accessing the property to assess or rectify

a defect. Furthermore, the rectification of

defective work is to be the preferred outcome

of proceedings within a court or tribunal over

monetary payment. The tribunal will now have

greater flexibility in the orders made and can

make an order, even if it is not the order sought

by the applicant.

NSW Fair Trading inspectors will be able to

issue staged rectification orders that specify

the stages and the date for which each stage

of the rectification is to be completed. In

addition, inspectors will also be able to make

an order for payment due under the contract.

This is seen as giving appropriate authority to

address situations where builders have had

money withheld against defects, however,

upon the rectification of suggested defects or

completion of additional work, they still cannot

get paid. Inspectors will have the capacity to

stage the release of withheld amounts once a

relevant stage of rectification is completed.

Currently a defence provision (s.18f) is provided

in the Act for licensees against a claim of a

breach of statutory warranty where the licensee

is required to perform building work under

the instructions of the client and which was

contrary to the written advice of the licensee.

Under new changes the defence has been

enhanced to include where a builder or trades

person has reasonably relied upon the written

instructions of a ‘professional’ practitioner

engaged by the client before the work had

commenced. The ‘professional’ may be an

architect, engineer, a surveyor or someone with

specialist or expert industry knowledge. Such

a person must also be independent of the

licensed builder or tradesperson.

The recent changes have ensured that sub-

contractors must also warrant their work in

accordance with the statutory warranties. The

head contractor will remain responsible to the

consumer for statutory warranties covering

all the work under the contract. However, the

builder may separately pursue a subcontractor

for breach of statutory warrant.

Contracts

Changes relating to contracts commenced on

1st of March 2015.

Consistent with the change in the monetary

threshold for residential building, from $1000

to $5000, ‘small works’ written contracts will

be required for work with a market value over

$5000. However, the change does not prevent

‘small works’ contracts being used for work

under $5000. As a consequence, the threshold

for more extensive ‘general’ contracts has

been increased from $5000 to $20,000.

It will be mandatory for written contracts

for work valued over $20,000 to include a

progress payment schedule, and a progress

payment must be ‘an authorised progress

payment.’ A progress payment is an

‘authorised progress payment’ if:

a) It is of a specified amount or specified

percentage of the contract price that

is payable following completion of the

specified stage of the work. Such stages

of the work will need to be described in

clear and plain language.

(b) It is a progress payment for labour

and materials in respect of work already

performed or costs already incurred,

including the builder’s margin. Such

a claim will need to be supported by

evidence such as receipts, invoices or

other documents, which can support the

claim and with payment intervals fixed by

the contract or on an ‘as invoiced’ basis.

A termination clause will also be required in

contracts covering work exceeding $20,000.

The maximum deposit that can be requested

for contracts exceeding $20,000 has been

increased to 10 per cent. The change means

that irrespective of the value of the work, a 10

per cent deposit can be requested.

In conclusion, it needs to be clarified that the

obligation on licenced builders and swimming

pool builders to undertake mandatory

continuing professional development (CPD)

remains unchanged. A separate Bill, the Mutual

Recognition (Automatic Licensed Occupation

Recognition) Bill 2014 was introduced to

Parliament last year, which provided for the

removal of CPD. However, this part of the Bill

was defeated. Master Builders is aware that

there is a level of complacency in the industry

in regard to CPD. Master Builders is regularly

requested to provide support to licensees who

have been requested by NSW Fair Trading to

verify their declaration that they have fulfilled

their CPD obligations.

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housing

BUILDING ACTIVITY TO STRENGTHEN ON BACK OF BUILDERS’ CONFIDENCEBuilders are more confident a recovery is becoming entrenched, resulting in increased optimism about future prospects, according to the latest research.

38

Master Builders Australia’s National Survey Of

Building and Construction shows conditions

need to broaden before the building industry

can play a key role to underpin GDP, and jobs

growth after the resources boom.

Investment plans are being upgraded in line

with improved profitability and healthier work

on builders’ books that is, in turn, linked to an

upturn in display centre traffic and commercial

enquiries flowing through to sales.

Employment Intentions Turn The Corner

Builder intentions regarding employees and

sub-contractors have also turned for the better.

The index rose above the neutral 50-mark to a

level not seen since before the GFC.

In the index measuring expectations for building

industry activity recorded 59.5, up sharply on

the 54.3 recorded in the previous period.

After steady improvement from a trough in

mid-2012, the reading is now well above

the neutral mark indicating that builders see

significantly higher industry activity over the

next six months.

Business Activity Trends Higher

The index measuring builders’ current level

of own business activity rose to 63.4 in the

December quarter from 61.9 recorded in the

September quarter.

After dropping to levels below that recorded

during the global financial crisis, the index

has trended higher over the past two years to

levels – well above the ‘satisfactory’ 50 level.

Business Conditions ‘Very Good’

Half the builders surveyed described their

business conditions as ‘good’ to ‘very good’.

The index measuring builders’ views on their

future business conditions bounced back in

the December quarter, recording 65 – the best

in six years.

The index is now well above the neutral 50-

mark, indicating that builders believe their

business activity will improve solidly over the

next six months.

The index rose to 56 from 50 in the previous

quarter. The result is the best in seven years

prior to the global financial crisis, and indicates

that builders are now likely to lift employment

levels in the period ahead.

In the non-residential sector, the index

measuring current conditions remained

virtually unchanged at 54.3 in the December

quarter, remaining above the ‘neutral’ level

after the steady improvement shown over the

previous period.

The index measuring expectations about future

activity dropped back, but at 59.8 the index

remains in the ‘improving’ category.

For the residential sector, the index for current

conditions rose to 61.3 with half of the

respondents describing conditions as good,

very good or excellent.

Business Conditions Improve

Builder Confidence Bounces Back National Business Conditions Ease

Builders’ business conditions continued

to improve in the December 2014 quarter.

The majority of respondents described their

business activity as ‘good’ or ‘very good’

although the recovery needs to strengthen

further for builders to enjoy similar conditions

to those experienced between 2003 and 2007.

Business profitability rose again, recording the

best result in nearly four years and the index has

returned to the ‘satisfactory’ to ‘good’ range.

Builder confidence bounced back in the

quarter after a dip in the previous period –

the best result for seven years. Confidence

recovered to levels not seen since before the

global financial crisis (GFC).

Builders revealed improved expectations

regarding their own business conditions and

future profits. Both elements of the index

contributed to the lift in business confidence.

Optimism About Investment Jumps

Intentions regarding investment in plant and

equipment have improved markedly in recent

quarters. The December quarter read well

above-average for the 17 year survey, and has

regained pre-GFC levels.

In terms of where the residential sector is

headed, the index fell back again in the

December quarter, to 55.

Although remaining positive, expected conditions

for residential building have declined significantly

over the past year.

This is likely to indicate changing expectations for

residential building by geographical area.

All of these indicators suggest better times ahead.

Builders can look forward to increasingly favourable

business conditions on the road to recovery.

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housing

HIRING INTENTIONS RISE WITH LOOMING HOUSING BOOMThe latest national survey of building and construction shows more jobs are set to be created by the industry in 2015, as building activity continues to strengthen and confidence in the sector grows.

Master Builders Australia’s National Survey of Building and Construction

shows employer hiring intentions rose in the December quarter 2014

to their highest level since before the Global Financial Crisis (GFC), as

builders indicate their intentions to hire more staff and sub-contractors.

The industry is on track to provide more job opportunities for young

people as the index measuring builders’ intentions to take on

apprentices lifted in the December 2014 quarter to a seven-year high.

The survey has good news for young people as the index measuring

builders’ intentions to employ apprentices rose to its highest level in

seven years and a third of respondents are planning to put on more

apprentices in the next six months. It’s a clear and positive signal the

building and construction industry is creating more jobs and career

opportunities in one of the nation’s key growth industries.

To ensure the increased demand for apprentices translates to the best

outcomes for the industry and young people, Master Builders reinforces

the need for new thinking by the government to enable builders and

education providers to enhance pathways from school to apprenticeships.

Confidence in the building and construction industry continues to grow,

with the survey recording a sharp rise in expected building activity to the

highest level in seven years. The survey indicates builders see significantly

higher industry activity coming in the next six months, which is translating

into increased confidence in their own business prospects. These prospects

have been trending up over the past two years, and are now approaching

pre-GFC levels.

The profitability of building firms rose to a record best result in nearly four

years, and the benefits should flow through to the wider economy as

the survey also recorded a marked improvement in builders’ intentions

to invest in plant and equipment. However, while the survey reinforces

Master Builders’ forecast strong growth for residential building in 2015,

conditions in the commercial construction sector have some way to go

before they could be described as healthy.

Improvement in commercial construction is expected, but a return of

business confidence in the sector is essential for a sustained upturn.

As the Federal Parliament is about to resume Master Builders, in its

pre-budget submission, will ensure that business confidence is not

undermined for a more pragmatic budget repair strategy.

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Page 42: 2015 MB NSW Magazine Jan-Mar

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apprenticeship

Master Builders Apprenticeship Service has

made training an apprentice easier with the

new all-inclusive hourly rate.

Why did we make this change? You need

to look at the way we invoiced our training

employers in the past to understand.

The old way of invoicing was a little

complicated. We would invoice you for all

the hours on site, not for annual leave or sick

leave, and we would for TAFE, but not rostered

days off until the apprentice took a rostered

day off. It was a little confusing.

We stepped back and asked our training

employers why they use the apprenticeship

service and what needed improving. We even

asked some builders who don’t use, the

apprenticeship service.

We were told that the main advantage for a

training employer when they use the Master

Builders Apprenticeship Service is that it’s simple

and easy, so they can get on with building.

Our cost and invoice structure was far from

simple and easy!

We have made some changes

The hourly rate covers all costs associated

with training a Master Builders apprentice. This

means that you will only be invoiced for the

hours the apprentice is on site

For example:

A first year apprentice carpenter works 30

hours onsite and goes to TAFE for eight hours.

The training employer will be invoiced for 30

hours – 30 x hourly rate = invoice $$

A more complicated example follows for a first

year apprentice carpenter:

Worked onsite 16 hours

Attended TAFE 8 hours

Rostered day off 8 hours

Annual leave 8 hours

Total hours 40 hours

Training employer invoiced 16 hours

APPRENTICESHIP SERVICE HAS AN ALL-INCLUSIVE HOURLY RATEKaren Kellock, Master Builders Apprenticeship Services Manager explains why training a Master Builders apprentice is now even easier!

The training employer is only invoiced for

the hours the apprentice is on site.

Please note that an Australian apprenticeship

is a 38-hour per week full time position. The

apprentice must be at work, TAFE or approved

leave for 38 hours each week. Asking the

apprentice to stay home because there is no

work that day is not permitted. If you don’t

have enough work for your apprentice, please

call Apprenticeship Services and discuss

returning the apprentice.

Rostered days off and how we invoice them

The old way of managing rostered days off

(RDOs) was to accrue the hours worked by the

apprentice, but not invoice the training employer

at that time. When the apprentice took a RDO,

the training employer would be invoiced.

There were a couple of issues with this way of

managing RDOs:

• When the apprentice was returned to

Master Builders, or completed their

apprenticeship, the training employer was

invoiced for the total amount of RDO hours

owing to the apprentice. In some cases

this invoice was a large figure.

• Timing of receiving the invoice for accrued

hours often did not align with the job they

were working on when the hours were

accrued. It’s a better business practice to

have all related expenses finalised when

the job is finished.

• Apprentices would want to take their

accrued RDO hours when work was light,

or over holiday periods such as Christmas/

Easter. This meant the training employer

was invoiced when there was no work or

they were taking a break.

• Accrued hours were often banked up,

or were forgotten, surprising the training

employer by their number and equivalent

dollar value.

• RDO hours are paid to the apprentice at

the rate of pay they are on when they take

them, not when they earn them.

• If the placement ended unhappily for

whatever reason, the RDO invoice was

rarely received with pleasure.

You can see why we needed to change the

way this was done.

New all-inclusive hourly rate has huge

advantages for all Master Builders

training employers

You know what each hour of work is costing

you. There are no hidden expenses.

There are three major benefits to this:

1. You are only invoiced for the hours the

apprentice is onsite.

2. You can accurately quote and invoice

for the hours the apprentice spends on

each job site. This is a huge advantage for

training employers running a couple of jobs

at the same time.

3. No RDO invoice when the apprentice

completes or is returned to Master

Builders.

Now it’s even easier to give back to your

industry, and train the framework of our

future with a Master Builders Apprentice.

For more information contact Master Builders

Apprenticeship Services:

Phone: (02) 8586 3533

Web: www.mbansw.asn.au

KAREN KELLOCK

Master Builders Apprenticeship Services

Manager

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apprenticeship

COMMENTARY: WHAT ARE YOUR SKILL LEVEL EXPECTATIONS FOR AN APPRENTICE?

I was back at work only one day after the

Christmas break when a training employer

called our office to say he doesn’t want the

apprentice back on-site tomorrow.

My investigation revealed that the apprentice

took a sick day, which appears to have annoyed

the training employer and prompted him to

claim that the apprentice made many mistakes

and he doesn’t want him back. Prior to the sick

day, the working relationship was great.

During the investigation, I read an email from

the training employer with a list of the things

the apprentice has done wrong. This included

missing a screw here and there, or not cutting

or painting something correctly and so on.

As the Apprenticeship Services Manager, I

believe it’s important to investigate any claim of

wrongdoing, perceived or otherwise.

At this point I have to ask, ‘How much training

has the apprentice been given in the specific

tasks? And what level of skill do I expect

from an apprentice with less than four weeks,

site experience?’

The definition of ‘an apprentice’ is:

• A person who works for another in order to

learn a trade

• Someone who works for a skilled or qualified

person in order to learn a trade for a

recognised period of time

• Any beginner, a learner, novice

A common theme to these definitions is that

the apprentice is someone who is learning.

Ask yourself: Do I expect an apprentice,

particularly a first year, to have the skill level of

a tradesman?

This would be an unrealistic expectation that

is sure to leave both the apprentice and the

training employer unhappy to say the least.

Look at it this way, if a school student is slow

to learn or doesn’t understand the concept

the teacher is teaching, it is expected that the

teacher use a different method of teaching. For

example, they could show how to do it rather

than just saying, to assist the student to learn.

Apprentices are no different to school students

and, in most cases, only recently made the

transition from putting on a school uniform

everyday to putting on a nail bag.

It is the role and responsibility of the training

employer to train the apprentice, and Master

Builders Apprenticeship Service is here to

assist you.

It’s important to remember that when you

are training an apprentice that you take

into account the way you are relaying the

information to them. Although you were taught

a certain way, that particular teaching method

may not be suitable for this time or apprentice.

I completed my four-year apprenticeship many

years ago to achieve my trade certificate,

and I can attest to the varied and interesting

methods of teaching and training that I

received, some of which would not be within

the bounds of current bullying legislation.

An apprentice won’t stay with a tradesperson

who can’t teach, even if they are great at their

trade. Likewise, a training employer won’t

keep an apprentice who isn’t prepared to

listen and learn. It’s a two-way system.

I don’t know anyone who would want to

come to work to yell or be yelled at all day,

or left alone to do the work with little or no

instruction, guidance and support.

My advice is simple: If you need someone

with the skill of a tradesman to do the job,

then hire a tradesman.

If you want to teach and train the next generation

of quality Master Builders, talk to us about

training an apprentice.

KAREN KELLOCK

Master Builders Apprenticeship Services

Manager

For further information about Master Builders

Apprenticeship Services contact:

Phone: (02) 8586 3533

Web: www.mbansw.asn.au

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

42 cams

CAMS – THREE YEARS ONGovernment projects and programs manager Omesh Jethwani highlights the successful implementation of the CAMS program and its milestone achievements in the last three years.

In May 2012, the Commonwealth agreed

to fund the Construction Apprenticeship

Mentoring Scheme (CAMS).

CAMS is a comprehensive, nationally

coordinated approach to supporting

apprentices, and trainees in the building

and construction industry. It integrated an

online engagement strategy with access

to one-on-one mentoring support, and an

innovative approach to supporting ‘out-of-

trade’ apprentices.

The primary objective of the project is to

increase the apprenticeship completion rate to

62 per cent, per annum over the initial three-

year period. A secondary objective of the

project is to increase significantly the number

of employers who report apprentices are

well-prepared for a career in the building and

construction industry.

The CAMS project is a nationally coordinated

approach to supporting apprentices in the

building and construction industry, delivered

through Master Builders’ network of 33 offices

around Australia including major regional centres.

“Study anyone who’s great, and you’ll find that they apprenticed to a master, or several masters. Therefore, if you want to achieve greatness, renown and superlative success, you must apprentice to a master” – Robert Allen

What have we achieved?

• CAMS NSW team has trained 60 volunteer

mentors (53 male mentors and seven

female mentors) to work with industry

apprentices and trainees. The mentors

are from a diverse work background,

ranging from construction managers,

project managers, business owners,

training managers, safety officers and

apprenticeship officers.

• The mentors undertook an intense two-

day training course around apprenticeships

and traineeships, how to deal with

Generation Y, suicide prevention and

Aboriginal cultural awareness training and

anti-bullying workshop.

• CAMS NSW has over a 90 per cent

completion of the 273 apprentices and

trainees, which were signed onto the

program. These apprentices and trainees

either have completed and gone onto

become tradespeople, or have completed

a full-year in the program. From now and

to the end of June 2015, 36 mentees will

continue to be mentored.

• Through the funding, CAMS NSW was

able to assist ‘out-of-trade’ apprentices

and trainees by upskilling them with

training, and then help placing them back

into employment. CAMS NSW worked

with Master Builders Association of NSW

Apprenticeship Services, as well as the

broader industry to successfully place 37

Left to right: Government projects & programs manager Omesh Jethwani and apprenticeship mentoring officer Jack Long

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43cams

‘out-of-trade’ apprentices and trainees.

• As of February 2015, CAMS NSW has

attended 81 career expos with over 28,000

trade flyers, career pathway flyers handed

out to 1700 high schools for distribution to

students, from years nine to 12.

• 25 careers trade flyers, career pathway

flyer, a Jump Start career booklet, a

business start up kit booklet and 15

factsheets were developed under the

CAMS program.

• CAMS NSW has delivered PowerPoint

presentations at 49 high schools, which

have been attended by 580 non-VET and

VET students from years nine to 12.

• Posters to promote careers in the

building industry were distributed to over

200 high schools.

• CAMS NSW developed ALink NSW, an

online resource (www.alinknsw.org.au)

that aims to communicate opportunities to

apprentices and trainees and particularly

provide information on career pathways in

the building and construction industry.

• On 20 February 2014 Master Builders

NSW presented CAMS and ALINK

programs at the Investing Of Women

Program, at the NSW Council for Women’s

Economic Opportunity, chaired by the

Honourable Pru Goward, MP – Minister for

Planning and Women.

• On 19 March 2014, Master Builders

commenced a project co-branded with

Franklyn Scholar to deliver the Apprentice

to Business Owner (AtoB) program for 10

apprentices (Sydney metropolitan) who

have completed their trade certificate.

Furthermore, a CAMS Mentor will provide

12 months of mentoring to students.

• On 11 April 2014, Master Builders NSW

partnered with Glenwood High School to

volunteer and mentor in the Handyman

Project for 11 disengaged students from

years nine and 10, who had expressed

interest in an apprenticeship in construction.

The project was selected on its ability to

complete work in a practical setting.

• On 17 July 2014, Master Builders NSW

partnered with the Babana Aboriginal

Men’s Group to support Alexandria Park

Community School NAIDOC Celebrations.

Over 1000 students and adults attended

the event to celebrate the occasion.

Master Builders NSW raised $300 along

with $600 contributed from Babana to

award four students (two from junior and

two from senior) for their outstanding

school performance.

• On 18 September 2014, Master Builders

NSW partnered with Yarn’n Aboriginal

Employment Services and Hospitality

Training Network (HTN) to support the

Putland Education Training Unit (ETU) /

Cobham Juvenile Justice Centre Careers

Expo.

• As of February 2015, CAMS NSW has

delivered 57 powerpoint presentations

on CAMS and ALINK at several NSW

TAFE sites to 1119 TAFE students in the

residential, commercial and civil industry

sectors. Some of the advice provided were

information on CAMS program, benefits of

mentoring, awards, wages, government

incentives, suspension, payslips, bullying

on site, training contract, apprenticeship

terms and conditions, career pathway and

mental and health topics.

• Approximately 2000 apprentices and

trainees, who are prospective future

members, have signed on to a free

membership for the duration of their

apprenticeship and traineeship. These

apprentices and trainees have the luxury

to shop online in the comfort of their own

living room due to suppliers coming on

board to offer discounted rates on tools,

cars, insurance and much more.

• Furthermore ALink NSW also offers

parents and careers advisers a one-stop-

shop website that provides all information

in relation to the building trades, school-

based apprenticeships and traineeships,

pre-apprenticeship courses and career

paths in the building industry.

• Master Builders NSW has partnered with

Saint Yon Trade Training Centre, McCarthy

Catholic College Trade Training Centre

and Southern Cross Catholic Vocational

College to provide mentoring to 37

school-based apprentices and to provide

advice to future students on careers in the

building industry.

Several articles were published in Master

Builder Magazine:

• Skill Shortages in the NSW Building

Industry

• Becoming a Great Mentor

• The Importance of Workplace Mentors

• Hiring a Female Apprentice

• Female Tradies in the Building Industry

• The Handyman Project

• CAMS NSW Co-Host an Apprenticeship

Evening

• Working with Aboriginal People and

Communities

• CAMS NSW Supports the Cohbam

Juvenile Justice Centre Career Expo

What people are saying about

accountability

In November 2013, industry liaison manager

Nicola Pegum from the Saint Yon Trade Training

Centre commented, “These partnership

collaborative activities have resulted in the

following organisational and community benefits:

• Increased enrolments in construction

• Increased enrolments in students

wishing to complete a school-based

apprenticeship in Certificate III in carpentry

• Better completion rates with students

being supported with industry mentors

• Guidance with work and life issues and

better links to industry

• Quality career advice and networking

opportunities within the industry

The Saint Yon Trade Training Centre is proud

to be an industry partner of the NSW Master

Builders Association.”

Industry liaison officer Patrick Carroll from

McCarthy Catholic College Trade Training

Centre said the following in November

2013, “We are endeavouring to continue

the relationship that we have forged with

the NSW Master Builders Association and

the CAMS program, as it has benefitted the

apprentices in the following ways:

• Gives students access to people with real

industry experience

• Guidance with work and life issues

• Better links to the industry

• Quality career advices and networking

opportunities within the industry

• Guidance with industrial issues and their

industry award”

CAMS is implemented by Master Builders

around Australia with funding assistance

from the Department Of Industry, Innovation,

Science, Research and Tertiary Education

Under The Apprenticeship Mentoring Program.

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44

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training

TRAINING – A WEALTH OF OPPORTUNITIESExpanding your business is a decision many don’t take lightly. Deciding what you should think about before growing your business, and what strategic approach you will take, are all important factors. Another important decision to ask yourself is: Will new training and upskilling assist my business to grow and how can it do this?

Operating a small business can be difficult if

you don’t plan to expand and you just maintain

the same services and customers from year

to year. Many contractors upskill

themselves and their employees

to expand the services they

offer, thereby increasing their

customer base. 

Training and development

is perhaps one of the most

important parts of your

business. By increasing not

only your skills and qualifications

but also your employees, you can open

your business to more and new opportunities

by attracting new customers.

For example, if you are a trade contractor

such as a carpenter, you could easily

grow your small business into the kitchen

bathroom laundry renovation (KBLR) sector

by skilling yourself in asbestos removal,

waterproofing, painting and other

KBLR skill sets. Not only could

this increase your skills and

knowledge, but also give you

the qualifications needed

to gain licenses in NSW for

these specialist areas. Your

business could move into

another area without having

the need to engage additional

contractors to undertake

specialist work, hence increasing

your profit margin.

By improving the range and level of skills in

your business by training and upskilling staff,

you will be giving staff the training opportunities

they need to increase their loyalty to your

business and their productivity, as well as

your profitability.

The benefits of training can trickle down to

every aspect of your business, from improving

staff moral to boosting profits.

Master Builders has a large variety of training

courses on offer to industry, from short courses

in safety, asbestos awareness, asbestos

removal to national trade qualifications,

certificate IV and diploma qualifications and

high-risk licence units.

For more information on how your business

can benefit from the training they offer:

Phone: (02) 8586 3555

Website: www.mbansw.asn.au/training

The benefits of training can trickle

down to every aspect of your business

Page 47: 2015 MB NSW Magazine Jan-Mar

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Master Builders Australia 125 Year Anniversary Conference Save the date, Jupiters, Gold Coast,12-14 November 2015

You’re invited to join Master Builders from around Australia to be part of the most exciting and rewarding building Industry Event in 2015! The Master Builders biennial National Conference will be held 12-14 November 2015 at Jupiters Hotel Convention Centre Broadbeach Gold Coast, a fully appointed one stop conference venue with over 540 superbly appointed accommodation rooms with easy access to beaches, restaurants, shopping centres, Theme Parks and attractions.

The National Conference ‘Building Australia’ will deliver a comprehensive program of high profile speakers that will examine the building industry outlook and topics relevant to today’s building and construction industry. The conference includes a fully incorporated partners program, an exhibition and an exciting social program.

Register your interest online at www.masterbuilders.com.au

BUILDING AUSTRALIABUILDING AUSTRALIA®

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4646 Aboriginal affairs

ABORIGINAL PARTICIPATION IN CONSTRUCTIONThe NSW Government Aboriginal Participation in Construction Policy is intended to support the State Government Plan for Aboriginal Affairs. The Policy will enable businesses in the construction sector to contribute to activities identified under the Opportunity, Choice, Healing, Responsibility and Empowerment (OCHRE) Industry-Based Agreements and Opportunity Hubs.

New participation guidelines will commence in

NSW on 1 May 2015.

The implementation of these new guidelines is a

key deliverable under the Aboriginal Economic

Development Framework, an OCHRE-connected

initiative. The framework seeks to further empower

Aboriginal people, communities and businesses to

drive stronger economic outcomes.

NSW Government procurement provides a

significant opportunity to increase Aboriginal

skills and economic participation. The NSW

Government’s Aboriginal Participation in

Construction Policy is intended to support the

State Government Plan for Aboriginal Affairs,

OCHRE. It aims to support strong Aboriginal

communities in which Aboriginal people are

able to actively influence and fully participate in

social, economic and cultural life. It recognises

the business community has a key role to

play in broadening opportunities for Aboriginal

people, and that the NSW Government can

use its relationship with business to deliver

positive social outcomes.

This Policy will contribute to the following

Policy aims of OCHRE:

• increasing school attendance and retention.

• increasing student transitions from school

employment or tertiary education.

• increasing the number of Aboriginal people

employed.

• increasing the number of Aboriginal-owned

businesses.

Economically empowered Aboriginal workers

and businesses also support the broader

NSW Economic Development Framework,

strengthening the global competiveness of

New South Wales.

Commencement

This Policy commences on 1 May

2015, replacing the 2007 Aboriginal

Participation in Construction Guidelines. It

will apply to all relevant NSW Government

construction contracts signed on or after the

commencement date.

As members would be aware, the MBA

signed an Industry Based Agreement in April

2014 with the NSW Government to promote

education, training and enterprise opportunities

for Aboriginal people in the building and

construction industry.

Who does the Policy apply to?

The Policy applies to all State Government

departments, statutory authorities, trusts and

other government entities (collectively referred

to as ‘agencies’).

State-owned corporations are encouraged to

adopt aspects of the Policy that are consistent

with their corporate intent.

Which construction projects are covered by

the Policy?

This Policy applies to all government

construction projects that meet the criteria

set out below. Construction includes building

maintenance and civil engineering. Construction

related support activities, such as financial,

advisory, architectural and professional services

may also be included where considered

appropriate to achieve Policy goals.

Construction projects that are being

undertaken jointly with the private sector

are included in this Policy, as are projects

undertaken on land not owned by the

government — or where the build asset will be

owned by a non-government entity.

There are three categories of projects that are

impacted by this Policy:

Category one – Projects nominated by an

agency that are primarily directed to one or

more Aboriginal communities. This includes

projects where an Aboriginal community

is the sole beneficiary, a key user group or

predominant stakeholder.

Category two – All other construction

projects where the estimated value is over

$10 million.

Category three – All other construction

projects where the estimated value is over

$1 million.

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Aboriginal affairs 47

Applying the Policy

The targeted project spend for Aboriginal

participation is a percentage of the total

estimated value of the contract. Individual

agencies are responsible for setting the

targeted project spend on each project, in line

with the Policy goals.

This Policy sets out a long-term goal and

short-term incremental goals (below).

1 May 2015 1 July 2016 Long term

Category 1 Indicative minimum target of 1.5 per cent

Mandatory minimum target of 1.5 per cent

Mandatory minimum target of 5 per cent

Category 2 Indicative minimum target of 1.5 per cent

Mandatory minimum target of 1.5 per cent

Mandatory minimum target of 4 per cent

Category 3 Indicative minimum target of 1.5 per cent

Mandatory minimum target of 1.5 per cent

Mandatory minimum target of 3 per cent

The NSW Procurement Board (the Board) may

vary these targets at any time, and will adjust

the mandatory minimum target percentage

upwards towards the long-term goal as they

are progressively achieved. Agencies may

also set the target using other criteria, such as

employment and training levels, provided they

are broadly commensurate in value.

The Procurement Board may also exempt

specific projects or classes of projects,

including where agencies or contractors

have contractual obligations arising from the

participation or funding of a project by the

Commonwealth Government.

Agencies may at any time set targets for a

project or class of projects at a higher rate

than prescribed.

Allocating targeted project spend

The targeted project spend may be allocated

to both directly and indirectly related

expenditure, provided it meets the spending

allocation requirements outlined below.

Expenses may be incurred from the date of the

contract award and up to 12 months after the

anticipated completion of the project.

A contractor engaged on two or more projects

must provide Aboriginal Participation Plans

that have separately funded programs. While

a single program may be funded more than

once, inclusion of a duplicate spending activity

on multiple projects is not permitted.

Left to right: Brian Seidler MBA NSW executive director, Cameron Lyons apprentice plumber, Minister Dominello, Richard Pitt (construction worker) & Minister Constance

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Aboriginal affairs48

Expenditure directly related to the project

Selected contractors must allocate at least 50 per

cent of the targeted project spend to employment

and education activities directly related to the

project’s planning, design or delivery.

Direct employment and education

activities include:

a) The employee-related expenses of Aboriginal

people engaged in the planning, design and

delivery of the project by the contractor.

b) Expenses related to the engagement of

Aboriginal people in the planning, design and

delivery of the project through a recognised

group training or labour hire company.

c) Expenses related to the procurement

of goods or services from recognised

Aboriginal businesses by the contractor

specifically to consult and engage with

Aboriginal communities in the area where

the project will be delivered.

d) Education expenses paid for by the

contractor on behalf of Aboriginal people

engaged in the planning, design and

delivery of the project.

e) Expenses related to the engagement

of Aboriginal Land Councils, the NSW

Indigenous Chamber of Commerce, Supply

Nation or other Aboriginal community

representative bodies nominated by the

NSW Procurement Board.

Other expenditure eligible to be included in

the target project spend

Selected contractors may allocate up to 50 per

cent of the targeted project spend to expenses

that are indirectly related to the project, but that

contribute to the education and employment

goals outlined in OCHRE. These goals are:

• increasing school attendance and retention.

• increasing student transitions from school

employment or tertiary education.

• increasing the number of Aboriginal people

employed.

• increasing the number of Aboriginal owned

businesses.

• otherwise meet the Policy aims of OCHRE

including its Industry Based Agreements

program and Opportunity Hubs.

Eligible indirect expenses are defined as:

• Expenses related to Aboriginal cultural

awareness and mentoring programs

operated for or on behalf of the contractor

for the benefit of employees (whether

or not engaged on the project), and for

subcontractors and their employees

engaged on the project.

• Expenses related to the procurement of

goods or services from recognised Aboriginal

businesses by the contractor in the planning,

design and delivery of the project.

Programs and bodies established for the

purpose of delivering OCHRE’s goals in the

construction industry may seek approval

from the Board. Spending on these approved

programs and bodies may also be included as

eligible indirect expenses by the contractor.

It should be noted that the MBA made

application to the State Government to establish

a Foundation to accept monies for the purpose

of satisfying this part of the guidelines, and was

successful in it’s application.

Aboriginal Participation Plan

Selected contractors for all Category 1 and

Category 2 projects are required to publish

their Aboriginal Participation Plans within

60 days of the contract being awarded.

A Participation Report must also be

published when the project reaches 90 per

cent completion which explains how the

Participation Plan has been implemented.

Participation Plans and Reports must be

published in the format prescribed by the

Board. They will published on a specific site

determined by the Board and must remain

on the site for at least two years from the

conclusion of the project.

Category 3 projects are exempt from these

requirements until 1 July 2016. As a matter of

good practice, contractors and agencies are

encouraged to submit participation plans for

publication up until this time.

ROLES AND RESPONSIBILITIES

NSW Procurement Board

The Procurement Board is responsible for the

administration, monitoring and reporting of

this Policy. This includes:

• Maintaining the website and publishing

the Aboriginal Participation Plans and

Progress Reports provided by contractors

for Category one and two projects.

• Publishing a list of approved charitable

bodies, trusts or other not-for-profit

organisations, which contractors may

support as part of their obligations under

this Policy.

• Publishing a yearly review of this Policy

as part of its annual report.

• Dealing with complaints about the

application of this Policy via its established

complaints handling procedures.

The Procurement Board may also issue a

Direction requiring agencies to use standard

form contract clauses on projects subject to

this Policy.

The Procurement Board may delegate any of

these functions to the Construction Leadership

Group or the chair of the Procurement Board.

Agency responsibilities

Agencies are responsible for ensuring

contractors are made aware of their obligations

under this Policy at the time of tender.

From 1 July 2016, agencies are obliged

to consider the demonstrated capacity of

contractors to meet obligations under this

Policy when assessing value for money.

Contractor responsibilities

Contractors are responsible for providing

their Aboriginal Participation Plans and

progress reports to the relevant agency and,

for category one and two projects, to the

NSW Procurement Board for publication

([email protected]).

Contractors are required to have the participation

report certified by the contractor’s Chief Financial

Officer, Chief Executive Officer, or another person

authorised by the Procurement Board to issue

statements on behalf of the contractor.

“NSW Government Aboriginal

Participation in Construction

Policy is intended to support the State

Government Plan for Aboriginal Affairs”

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workplace health & safety

A NEW SAFETY STANDARD FOR THE BUILDING AND CONSTRUCTION INDUSTRYMBA senior safety officer David Solomon discusses the introduction of a new international standard for safety management systems, ISO45001.

As the nominated representative from Master

Builders representing Standards Australia, I was

an Australian delegate to the third meeting of

International Standards Organisation (ISO) project

committee meeting held at Port of Spain Trinidad

Tobago from 19 to 24 January 2015. A total of

60 delegates from 22 countries participated in

the review of a committee draft, the precursor

to the International Standard ISO45001, which

will become the new safety standard for safety

management systems in Australia.

The main purpose of the meeting was to review

2886 comments regarding standards received

from all over the world. The committee draft

had been open for public comment for a period

of three months. The international delegation

reviewed conflicting comments during the

opening two-day plenary. The delegation was

charged with the responsibility to review and

remove, where appropriate, these comments

over the next four days. The ISO process for

reviewing and removing comments is known as

"dispositioning" in ISO terminology.

Delegates were broken up into six task groups.

I was selected for the task group looking after

"definitions".

TG5 consisted of delegates from Australia,

Norway, Japan, USA, International Labour

Organisation (ILO), and Trinidad. Adding to the

International language barrier was that each

delegate had their own agenda, their own

interpretation of the draft standard in their own

language, compounded by strict ISO language

and rules.

Some of the more important definition

outcomes agreed to were: Worker,

workplace, interested parties, legal and other

requirements, incident, corrective action and

risk. The last meant not OH&S risk, which was

not defined.

The terms not in the original scope included

representatives and contractor. In the last day

of plenary the ISO issued a draft resolution

for the term "representative". This was to be

used instead of worker representative, which

has numerous negative implications for smaller

family businesses trying to implement an OHS

management system. However, adopting

the project committee's decision makes it

easier for associations like the MBA across

the world to represent their members against

unauthorised site entry, with or without lawyers

or union delegates. By nine votes to eight with

four abstaining a ballot decided in favour of

accepting the new term. This obviated any

future requirement for the regulator to intervene

under these terms.

The ISO rules to be followed to achieve such

outcomes are quite complicated. A few

examples follow:

• Rule 1: Definition must be used.

• Rule 2: Common usage. Do not define

terms that are in common use. Only terms

relevant to the scope of the standard shall

be defined.

• Rule 3: Consistency. If the concept

has already been defined in another

authoritative source (e.g. another ISO

standard), and the definition has another

meaning, it should be first considered in

the form that other standards have used it.

• Rule 4: Uniqueness: Avoid the use of a

single term for multiple concepts and

the use of multiple terms for the same

concept.

• Rule 5: Substitution. The form of a

definition shall be such that it can replace

the term in context.

• Rule 6: Avoid circular definitions. Do not

use the term being defined in the definition.

ISO notes are to provide additional information

that further explains the term. Notes in

definitions are normative. Terms are to be

listed by concept; terms are to be listed

alphabetically, as the order is lost in translation.

The next stage in the development of the

international standard is to release the

committee draft for a period of two months

later in 2015 for public comment before the

project committee reconvenes to review the

comments prior to a further meeting and

publication in 2016.

I hope this provides MBA members with an

insight into how an international standard is

developed over a three-year period, requiring

the skills of an eclectic mix of standards

experts from around the globe.

ISO/PC283 (ISO45001) members, L-R, chairman David Smith, Australian delegate David Solomon, convener Kristian Glaesel & secretary Charles Corrie at the gala dinner.

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

workplace health & safety

A two-prong strategy needs to be implemented by businesses, firstly to

prevent the injuries and secondly early intervention and return-to-work

coordination of work injuries.

Cost

Building companies with low injury costs have a significantly competitive

advantage. Any workplace injury inflicts varying levels of pain and

suffering on workers, but also imposes a significant financial burden on

workers, businesses and external stakeholders. There is not only an

increase in the employer’s premium, the employer in turn has to commit

invaluable resources. The cost of workplace injuries include:

• Lost wages

• medical treatment

• compensation for pain and suffering

• legal fees

• fines and penalties

• lost productivity

• poor morale — and expenditures associated with retraining

• recruitment

• hazard mitigation to prevent recurrence.

The table below shows the continued upward costs of workers’

compensations costs in Australia.

Figure 1 Economic cost of work-related injury and illness in Australia (Issues in the Measurement and Reporting of Work Health and Safety Performance: A Review, Safe Work Australia, Safety Institute of Australia and CPA Australia Nov 2013)

The financial impact on the employer’s workers compensation

premium for claims is calculated by using the employer’s experience

component (based on the cost of the claim to date, potential costs

and industry rating). Employers (within their industry classification)

who have lower claims and manage their claims well (i.e. lower costs)

will not be charged as much as those who have expensive claims

and/or numerous workers compensation incidents. Effective injury

management can reduce the cost of a claim by over 50 per cent.

Common causes of high premiums:

• The employer was unaware the worker had aggravated his injury,

and was no longer employed by the organisation.

• Dismissal of a worker when unfit for work and within six months of

injuring themselves.

• Not providing suitable duties – when the insurer is paying wages,

it has the greatest effect on the experience estimate and forms the

majority of claims costs.

• Ineffective rehabilitation of the worker and no return to work strategy.

• Breakdown in the employer/employee relationship.

The employer’s management of the claim is essential. Unfortunately,

if employers have the attitude that the problem will ‘just go away’ or

‘it won’t cost me’, they could be unexpectedly shocked by a higher

premium. Trying to rectify the incurred cost of the claim is not possible.

Employers must ensure they have a process to review their claims

and the cost of each claim throughout the year. Early intervention at

commencement of becoming aware of the incident is critical. Mend use

these primary strategies as part of their early intervention model:

1. Identify a suitable medical practice or medical practitioner who will

provide prompt and effective initial medical treatment

2. Three-point contact with the worker, doctor and site immediately,

and formulate an injury management strategy

3. Lodge a notification with the insurer

Lodging a claim within five days of becoming aware of the incident will

save a company the excess, which is based on the first week of the

workers average wages.

Strategies

There continues to be resounding emphasis on the provision of

suitable duties for the benefit of the employer and worker. The statistics

continue to indicate the earlier a worker returns to work, the better the

outcome. This also means a reduction in the individual claims cost and

effect on the premium calculations.

Research has shown the following chance of ever returning to work,

if the person is off work for:

20 days – 70 per cent.

45 days – 50 per cent.

70 days – 35 per cent.

(Johnson D, Fry T. Factors Affecting Return to Work after Injury: A study for the Victorian WorkCover Authority. Melbourne: Melbourne Institute of Applied Economic and Social Research; 2002)

Diagnosis is not a predictor to RTW (OECD, 2007), and it has been

shown the workers’ job satisfaction can be a greater predictor of a

RTW outcome.

EFFECTIVE MANAGEMENT OF WORKPLACE INJURIES IN 2015Workplace injuries and illnesses are a major cost to businesses. In 2010/2011 there were 28,179 workers compensation injuries in NSW. The cost of these injuries to the community, employers and workers was $872 million. The construction industry continues to have one of the highest numbers of injuries and cost for labour and related workers. The most common injuries continue to be sprains and strains, which make up 59 per cent of all claims according to WorkCover NSW.

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

workplace health & safety

The cost of paying an external professional to provided assistance and

rehabilitation on a claim is minimal, making up only 3 per cent of the

total cost of most claims. However, the effect of rehabilitation on the

overall claims cost can be high. If a worker can be placed on suitable

duties, even on reduced hours, whilst undertaking retraining it will

have a profound effect on reducing the claims cost. In the building and

construction industry it can be difficult to identify and provide suitable

duties, an experienced health professional can assist in the identification

and negotiation of a worker’s RTW and suitable duties.

Reducing your claims – immediate strategies

• Appoint a return to work coordinator within your organisation. If

you have a basic tariff of over $50,000 this is a legal obligation.

The return to work coordinator (RTWC) must be accredited. Mend

conducts this training in association with the MBA. Alternatively,

appoint an external RTWC if you do not have the resources. Recent

studies on the return on investment have shown a saving of $3 for

every $1 spent. Mend is able to act as your RTWC.

• Claims reviews are essential. This is where the insurer provides you

with all the current claims relating to your workers compensation

premium. They outline costs associated with the claim and its

status. It provides you with a forum to review strategies being

implemented to manage the claims, ensure they are effective and

costs are contained.

• Identify and locate suitable duties for injured workers. Formulate a

suitable duties register.

• Monitor your incidents at work, claims submitted and time lost. This

provides an overall view of the organisation’s current systems and

effectiveness. It allows the prevention of injuries rather than just a

reaction to an accident.

• By managing your workers compensation claims, you can minimise

the effect on premium calculations.

If you need assistance in the implementation of the outlined strategies or

management of your claims, contact Mend.

Phone: (02) 9660 8611

Email: [email protected]

Website: www.mendservices.com.au

FIONA CURDIE-EVANS

Managing director

Amanda Davidson is at the forefront of Australian and international construction and infrastructure.

The leader of our national construction and infrastructure group, Amanda’s legal expertise and counsel is sought out by industry leaders here and throughout Asia.

For smart, commercial and savvy solutions to your construction and infrastructure issues, look no further than to one of the best in the business.

Contact Amanda today on +61 2 8083 0333 or fi nd more information at www.holdingredlich.com.

Melbourne . Sydney . Brisbane www.holdingredlich.com

Get the right advice when you need it mostWhen an incident occurs our expert legal team is ready to assist you with all

your safety, environmental, workplace and contract management needs.

And, you can reach us 24 hours a day on our Incident Response Hot-Line.

Protect your business when an incident occurs, by calling

Holding Redlich on 1800 HR LAWYER.For more information go to

www.holdingredlich.com

Master Builders Cranes- Nov 2014.indd 1 11/3/2014 12:38:00 PM

Page 54: 2015 MB NSW Magazine Jan-Mar

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

52 workplace health & safety

WORK HEALTH SAFETY TRAINING COMING TO MASTER BUILDERSMaster Builders are expanding the range of training on offer to

industry. The first new qualifications to be offered to members are the

WHS Certificate IV (BSB41412) and WHS Diploma (BSB51312). Both

qualifications supersede and replace previous OHS certificate IV and

diploma qualifications. In addition, both qualifications reflect and meet

the requirements of the WHS Act 2011.

Certificate IV WHS reflects the role of workers who apply a broad

knowledge base, and well-developed skills in a wide variety of context and

could include coordinators, advisors, team leaders and project supervisors.

Diploma WHS reflects the role of workers who apply substantial experience

and well-developed skills in a wide range of WHS contexts, and could also

include coordinators, advisors, team leaders and project supervisors.

Master Builders can assist participants to complete both qualifications

together, or you can elect to complete stand-alone qualifications.

Combined WHS qualifications will attract a further member discount.

Training seminars will be delivered through evening sessions of four

hours per week for six months for participants who have no previous

qualifications or work experience. As these training qualifications

are nationally recognised, we are able to provide recognition of prior

learning (RPL) and credit transfer (CT) for work experience, skills and

previous qualifications, which will shorten the duration of this training if

you are assessed in conjunction with RPL or CT. 

Participants who already hold the previous qualifications can receive

RPL to achieve the new WHS qualifications.

Additional WHS training includes high-risk license units of competency

as per the current regulations.

Master Builders can deliver:

• Basic, intermediate and advanced scaffold training.

• Traffic control and traffic management training.

• Working near overhead power lines training.

• Locate, identify and protect underground services training.

• Asbestos removal and supervision of asbestos removal training.

• Demolition (restricted and unrestricted training).

• First aid training.

Various other new training courses as requested by industry are also on offer.

To find out more about training or place your expression of interest,

please visit our website or call (02) 8586 3555.

Page 55: 2015 MB NSW Magazine Jan-Mar

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106 Databuild 40th logo Adv Aust 180x130.indd 1 18/12/2014 10:56 am

Page 56: 2015 MB NSW Magazine Jan-Mar

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insurance

NEGOTIATING BUILDERS’ WARRANTY FRAMEWORKThe Builders Warranty framework in NSW remains a moving target with recent changes in name and process, along with increased vigour around certain aspects of the assessment process.

In December 2014, The Office of Fair Trading

(OFT) announced important changes to all

domestic builders in NSW.

More specifically from 15 January 2015 these

changes were:

1. The fund will be known as the Home

Building Compensation Fund (HBCF).

2. All contracts solely for built-in furniture and

cabinets no longer require warranty cover.

3. A public register of certificates and claims.

Regarding the second point on built-in

furniture and cabinets, there has been a small

amount of confusion in regard to contracts

no longer requiring warranty cover. It is

important to note that the contract for built-in

furniture needs to be for the built-in furniture

work only under a contract.

Clause 58 of the Home Building Regulation

2014 provides that a holder of a contractor

licence who does, or enters into a contract to

do, residential building work that consists only

of built-in furniture work, and any incidental

electrical wiring work involved in the installation

of lighting as part of built-in furniture, is exempt

from the requirements of part six of the Act in

respect of that work if the work is done under

a separate contract, and not as part of a

contract for other residential building work that

requires such insurance.

In this clause built-in furniture work means the

making and installation of furniture that is made

to measure and fixed to a dwelling (such as

built-in cupboards, bench tops, wardrobes,

entertainment units and the like), and which

may be made offsite and installed as a

complete unit.

In recent times builders have also faced the

challenge of increased rigor around their work

in progress (WIP).

HBCF’s assessment process seeks to justify

the WIP value placed on your balance sheet.

This is a function of understanding exactly how

much you have received through progress

payments, and how much you have invoiced

where money hasn’t been received, against

works completed per contract.

Most builders use the standard progress

payments stages of deposit, base, frame, lock-

up, fixing or final payment taking into account

the percentage complete at each stage.

However, the value of woks completed at each

stage will vary from contract to contract.

The process AASB 111 Construction

Contracts WIP calculation is an accurate

process in accounting for WIP and is the

process that is adopted by the HWIF.

Contract 1 has completed works ($240,000)

in excess of the money received ($195,000)

and is therefore taken as WIP $45,000 and is

considered a current asset.

Contract 2 has received money ($195,000)

in excess or the works completed ($150,000)

and is therefore taken as unearned income

($45,000) and is considered a current liability.

If you are not completing the required WIP

document in the correct format; completing it

incorrectly; or not supplying the document at

all, the WIP noted on your balance sheet may

be discounted anywhere from the documented

value, to no value at all, or even to a negative

figure (unearned income).

This can have a major influence in your

assessment outcome.

If you have any questions in relation to recent

changes to in the new HBCF, how WIP is

calculated or any other insurance matter, please

do not hesitate to contact Master Builders.

Phone: (02) 8586 3555

Email: [email protected]

Contract 1 Contract 2

Total Contract Value $300,000 $300,000

Stage of Works Billed Lock-up (65 per cent) Lock-up (65 per cent)

Value of Works Received $90,000 (to frame stage) $90,000 (to Frame Stage)

Value of Works Billed $105,000 (lock-up stage only) $105,000 (Lock-up Stage only)

Total Received & Billed $195,000 $195,000

Percentage Complete 80 per cent 50 per cent

Value Complete $240,000 $150,000

Work in Progress +$45,000 (work in progress) -$45,000 (unearned income)

Page 57: 2015 MB NSW Magazine Jan-Mar

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

technology

INTRODUCTION TO PLUSSPEC

The use of Building Information Modelling (BIM)

is inescapable as the industry progresses.

BIM in the construction industry is clearly on

the rise and will soon become the standard.

In the past, BIM has been in the realm of big

builders and architects but the introduction of

PlusSpec, a new building, design, planning and

estimating tool, brings BIM to the masses.

PlusSpec brings together the power of

computer aided drafting (CAD), estimation,

3D Modelling, 2D planning and BIM into one

easy-to-use package. Created by local Box Hill

builder Andrew Dwight, the program is offered

by Rubysketch, an Australian owned and

operated business.

It has all the functionality of competitors,

including 3D drawing, virtual design

construction (VDC), 2D drafting through the

use of layout, as well as a new feature of a

complete material takeoff for anything you

draw. This means that every part of your

drawing can be quantified and estimated in real

time, so that you will have a clear 3D model (as

well as all your 2D plans) to show and discuss

with your clients, builders and suppliers.

They will see exactly what is to be built and

make amendments before work commences

in the 3D world (saving both time and money

of costly construction changes). Once your

drawing is complete, so is your quote.

PlusSpec gives you a complete material take-

off broken down in each section of building/

trades with a simple click of a button.

The models are fully parametric, meaning they

can be changed as you go. This means no

more starting from scratch if you require major

changes. Features are dynamic, which allows

windows and doors to open on the model.

These features alone will save businesses both

time and money, meaning a great return on

investment almost instantly.

PlusSpec also plugs straight into Sketchup,

meaning it is so easy to use that anyone can

pick up the software, watch the online tutorials

and be drawing house plans within a matter of

hours. It is compatible with Google Maps as

well, allowing professionals to produce designs

on a client’s property with ease.

3D models produced in BIM tend to eliminate

design faults, leading to better facility

management. PlusSpec just makes it easier for

smaller businesses to take part and improve

their services, reduce their overheads and

communicate more effectively with clients.

For more information visit www.plusspec.com

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Page 58: 2015 MB NSW Magazine Jan-Mar

56

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

technology

The two you've probably heard of are the

Android and iPhone.

However, there are a number of others not as

commonly used, including:

• BlackBerry OS

• Nokia's Symbian

• Hewlett-Packard’s WebOS

• Microsoft’s Windows Phone OS

Whilst there are a number of different types and

manufacturers of phones, a major difference

between them is their operating systems.

The operating system acts as the internal

software and runs the phone. It will dictate what

WHICH SMART PHONE DO I CHOOSE?If you're about to purchase a smartphone, and wondering what you should buy, this may help you make a decision.

comes up on your screen, where your settings

are and how you use the phone features.

Your friends and others in our industry may

be telling you to buy an Android or to buy an

iPhone. You may be confused as to what each

of these terms means or even whether the

iPhone is an Android phone.

The short answer is no, the iPhone is not

an Android phone nor is an Android an iPhone.

They are both types of smartphones. They

connect to the internet and can run apps and

programs. However, they are incompatible with

each other.

Think of iPhone and Android as being two

separate brands, like using a cordless Makita drill

and a cordless Metabo drill. Both drills perform

a similar task but the battery from the Makita drill

cannot be used to run the Metabo drill.

The same is true for the iPhone and Android. 

There are four keys areas where the iPhone

and Android phones differ.

1. Operating System

One of the most important things that

set these types of smartphones apart is

the operating system that they run. The

by John O’Neill of Builders App

Page 59: 2015 MB NSW Magazine Jan-Mar

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

technology

Beauty and Quality

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operating system, or the shortened term

OS, is the foundational software that

makes the phone work. 

The iPhone runs the iOS created by

Apple and run on Apple computers,

while Android phones run the Android

OS developed by Google. While all OS

do basically the same things, the iPhone

and Android OS aren’t the same and are

not compatible. iOS only runs on Apple

devices, while the Android OS runs on

Android phones and tablets.

Android settings are more malleable, giving

users more creativity in how they use

their phone. It is possible to make large

changes to the iOS on an iPhone but this

will void any support offered by Apple on

the device.

2. Manufacturers

Another major difference between the two

is what companies make them. The iPhone

is only made by Apple, whilst Android isn't

tied to a single manufacturer. Instead,

many different companies including

Motorola, HTC, Samsung, and Google

make Android phones. Any company that

makes an agreement with Google can

make an Android phone, but no company

except Apple makes the iPhone. Think of

Android as being like Windows, made by a

single company but sold on devices from a

large number of companies.

3. Apps

Both iPhone and Android run apps, but

are not compatible with each other. The

same app may be available for both kinds

of phone. For example, the Bureau of

Meteorology - which predicts the weather

- produce two apps for download. One

works on the iPhone and the other works

on Android. Both apps produce the same

information. However, there is different

software for each phone.

App developers must deal with stricter

regulations through the App Store offered

by Apple to sell to the consumer. There

are more apps available for Android

than for the iPhone though, according

to some reports, some of the apps in

Google's store (Google Play) are malware,

misleading or low quality.

4. Security

As smartphones become more and more

central to our lives, how secure they are

is an increasingly important issue. On

this front, the two smartphone platforms

are very different.

Android is designed to be more interoperable

and available on more devices. The

downside of this is that its security is weaker.

The amount of viruses and malware targeting

iPhone is so small it is almost immeasurable,

whereas 97 per cent of the malware

targeting smartphones attacks Android.

Apple’s tight control of its platform and

some smart OS design decisions make

iPhone the most secure mobile platform.

5. Deciding which to buy

As you can see, whilst they are similar

the iPhone and Android are not the same

thing. When the time comes to buy a new

smartphone, you'll need to decide which

phone suits you. It’s worth taking a look at

what apps you might consider using, which

OS you find easier to navigate and what

suits your budget.

Page 60: 2015 MB NSW Magazine Jan-Mar

58

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

industrial relations

ACCESSORIAL LIABILITY UNDER THE FAIR WORK ACTMaster Builders director of construction Peter Glover discusses how businesses can reduce the risk of their contracting practices exposing them to claims of being an accessory to a breach of the Fair Work Act (FW Act).

Many businesses in the building and construction

industry use contracting as a legitimate and

integral part of their business model.

However, in doing so, members need to be

aware of where their obligations begin and

end, along with steps that can be taken to

avoid the risk of being found liable as an

accessory to a breach of federal workplace

laws by your subcontractors.

Some businesses take the view that once

a contract is in place between a principal

contractor and a subcontractor, the

responsibility for the subcontractor’s employees’

compliance with federal workplace laws

rests solely with the subcontractor. While it is

correct that the employer is responsible for any

breaches of workplace laws, members need to

bear in mind that the Fair Work (FW) Act also

provides a mechanism where someone other

than the employer can also be considered an

accessory to any contraventions of workplace

laws. As such, they can also be held liable for

that contravention and be subject to penalties

and compensation.

Under the FW Act, the definition of being

‘involved in a contravention’ is very broad

and includes aiding, abetting, counselling

or procuring the contravention, inducing the

contravention, being knowingly concerned in or

party to the contravention, or conspiring with

others to bring about the contravention.

An example would be entering into a

subcontracting arrangement with a labour

hire company at an hourly rate that does not

meet the minimum modern award rate of pay.

Another example would be a head contractor

who engages a lorry owner-driver to remove

excavated material from a building site at an

hourly rate below the minimum provided in

the transport industry contract determination.

If this was in the knowledge of the principal

contractor or they required this lower rate of

pay to be paid by the subcontractor, this would

mean the principal contractor was involved in

the contravention with the subcontractor.

Although this mechanism has existed in

various forms in workplace relations legislation

for many years (e.g. Section 127 of the NSW

Industrial Relations Act 1996), it is increasingly

being used by the FW Ombudsman (FWO)

to hold principal contractors to account

for their procurement decisions. FWO has

been very public about holding businesses

and individuals accountable for practices it

considers undermines, or have the potential

to undermine, compliance with federal

workplace laws. It has flagged that it intends to

increasingly go up and down the supply chain

to scrutinise these contracting arrangements.

This is distinct from simply prosecuting a

director or manager of a business who has

breached federal workplace laws on the basis

the director was the controlling mind and will of

the company.

So how can members protect themselves

against this risk?

While it is impossible to completely insulate your

business from the risk of being held liable as an

accessory when engaging in procurement or

contracting out services, members should bear

in mind the following tips:

• Take all reasonable steps to ensure that

your own employees who are involved

in the procurement or contracting

out of services, along with potential

subcontractors, have knowledge of

applicable workplace laws and that they

comply with these laws. Master Builders

can assist with this.

• Depending on the scale of the

procurement or contracting arrangement,

provide your own employees and

subcontractors with training and education

in workplace compliance. Master Builders

can assist with this.

• In arrangements with contractors, require

the ability to have the subcontractor audited

for compliance, and require a warranty or

undertaking that the subcontractor and its

subcontractors are compliant in all aspects.

Master Builders can assist with this.

• Limit the liability of the subcontractor

to subcontract the work without your

knowledge. If you are content to allow the

subcontractor to subcontract the work,

require that the subcontractor meet the

same strict compliance with workplace laws

that you require from your contractor.

• In the event that you receive a complaint

from employees of your subcontractor or

their subcontractor concerning compliance

with workplace laws, fully investigate the

issue until satisfied the complaint has been

dealt with appropriately.

• Provide for termination of any contractual

arrangements in the event that breaches

of workplace laws are established, and act

swiftly on your ability to terminate.

• Make sure any payment to a subcontractor

complies with other laws such as security

of payment laws in the building and

construction industry.

Should members have any further enquiries

regarding this matter, please do not hesitate

to contact the association’s industrial relations

department, Sydney office on (02) 8586 3555

or Newcastle office on (02) 4953 9400.

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

59industrial relations

NEW PROVISIONS FOR EMPLOYEE INCENTIVE SCHEMESMaster Builders director of construction Peter Glover discusses changes to employee share schemes.

Members are advised that following an

extensive consultation period, the Australian

Securities and Investment Commission (ASIC)

has introduced two new class orders for

employee incentive schemes.

The two new class orders (Class Order 14/1000

employee incentive schemes: Listed bodies

and class order 14/1001 employee incentive

schemes: unlisted bodies) and an updated

regulatory guide 49 have widened the scope of

the exemptions available to companies seeking

to implement an employee share scheme.

Members are also advised that, provided

its policy objectives for employee incentives

schemes are met, ASIC can still also grant

case-by-case exemptions where an employee’s

scheme does not fall within the class order relief

or existing Corporations Act exemptions.

As a consequence, the changes are good

news for prospective participants, as they

should reduce the regulatory burden on

companies, and therefore make it easier

for employers to develop and implement

employee incentive schemes.

Employers are now afforded a greater degree

of flexibility in structuring employee incentive

schemes, and are able to offer a wider range

of financial products to a wider range of

participants. The update has also helped to fully

clarify areas of uncertainty under the previous

regime, and removed unnecessary administrative

burdens for employers.

However, ASIC’s exemptions are not

unconditional, and it has imposed new conditions

to support the interests of participants who are

considering taking part in such a scheme. For

example, companies will have certain disclosure

obligations, as ASIC believes a certain minimum

level of information and disclosure is warranted.

Expansion of exemptions in respect of unlisted

bodies has also been made limited. This is

because ASIC considers that participants in

unlisted bodies are less likely to be able to

assess the value of securities being offered

by reference to a reliable market price, and

it notes that unlisted bodies are subject to a

lower level of supervision.

Members are also advised that in October 2014

the Federal Government released its National

Industry Investment and Competitiveness

Agenda. The agenda included a proposal

to reform the tax treatment of employee

share schemes to bolster entrepreneurship

in Australia, and support innovative start-up

companies. These changes will complement

ASIC’s updated policy in relation to share

incentive schemes by helping to minimise

the costs and complexity for companies of

implementing and maintaining such schemes.

It is proposed the changes to the tax

treatment of employee share schemes

introduced by the former Labor government

in 2009 be unwound, benefiting all employee

option holders, particularly holders in selected

start-up companies.

The Federal Government’s agenda proposes that

the following changes to the taxation of employee

share schemes take effect from 1 July 2015:

• For all companies, the taxing point of options

will occur at the time of exercise (e.g. when

the employee receives the shares).

• The extension of the maximum time for tax

deferral from seven years from acquisition

of interests to 15 years.

• An update of the ‘safe harbour’ valuation

tables used to value unlisted rights

to ensure they reflect current market

conditions.

• Employees of certain start-up companies

will benefit from a concession allowing

them to receive options or shares at a small

discount, and have taxation on the options

deferred until the shares acquired through

the exercise of the options are sold or the

small discount applied to the shares is

exempt from tax at the date of grant.

This is provided that:

• Options or shares are held for at least

three years.

• The company is unlisted, has a turnover

of not more than $50m and has been

incorporated for less than 10 years.

The Federal Government has also confirmed

that the following provisions will be retained:

• Integrity provisions introduced in 2009.

• The $1000 up-front tax concession for

employees who earn less than $180,000

per year.

The Treasury Department is currently

undertaking a consultation period with industry

and ASIC to ensure the legislation meets the

objectives stated by the Federal Government.

The Australian Taxation Office will also

work with industry to develop and approve

standardised documentation with the aim of

streamlining the process of implementing and

maintaining employee share schemes.

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

finance

NEW FINANCIAL ADVICE SERVICES FOR MEMBERS AND THEIR FAMILIESBetter understand your savings, retirement goals and personal priorities with a free financial consultation.

MBA Financial Services is expanding its

member services, giving you the opportunity to

meet with a qualified financial adviser for a free

and no-obligation initial consultation.

Through a joint arrangement with the Australian

Financial Services Licensee, Lifespan Financial

Planning, MBA Financial Services offers

members and their families access to a select

team of specialist financial planners.

The financial adviser will assess your current

financial position, answer any questions you

have and discuss the next step to create a

tailored plan to help you and your family reach

your financial and retirement goals sooner.

Receive simple or comprehensive advice

on business or personal financial matters,

superannuation and retirement planning,

personal insurance, investments

or accounting.

You will also have access to a local

professional adviser, who can ensure you have

all the right information to enable you to make

the best decisions about you and your family’s

financial future.

The adviser will clearly document your

options and the advice provided, so you can

make a well-informed decision about how

you'll get there.

Lifespan Financial Planners have provided

financial advice to Australians for over two

decades as part of one of Australia’s largest

non-institutional financial planning businesses.

To find out more and get in touch with your

local financial planning professional, contact

MBA Financial Services:

Phone: 1300 760 366

Website: www.mbansw.asn.au/Services/

Financial-Services

Page 63: 2015 MB NSW Magazine Jan-Mar

61

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

membership

MAKING THE MOST OF YOUR MASTER BUILDERS MEMBERSHIPBy Graham McGuiggan, Member Services

Manager, MBA

Over the next year, I will provide some valuable

tips in each publication to help make your

membership subscription work harder for you.

They will cover cost savings, free services and

member-only discounts.

Free legal assistance

As I work my way around the state, I am

surprised at the number of members who

are unaware that our in-house legal service

provides them with not only building and

construction advice, but also general legal

advice, like debt recovery. Our lawyers can

provide advice for the best methodology to

recover a debt, which can include writing

letters of demand.

The most common area that triggers debt

recovery is not documenting variations on both

residential and commercial contracts.

All variations need to be in writing and essential

for protection of both parties, especially the

builder and is a requirement under legislation.

Our legal team produce our MBA contracts,

so they understand and can assist you with all

your contract needs, which can also include

contract selection. The appropriate contract

for your job can make a world of difference if

issues arise down the track.

Free insurance health check

Master Builders Association Insurance Services

(MBAIS) can provide members with a free

insurance health check on any policies that

you may have in place, regardless of whether

they’ve been arranged through another

insurance broker.

They can check the policies you have and

provide advice around the coverage you need,

giving you peace of mind that your business is

adequately insured.

MBAIS also provides advice and quotations

for general insurance products and specialty

products including home warranty, contract

works & liability, professional indemnity and

workers compensation.

To check all member benefits, services and

member only discounts contact your local

Master Builders office:

Phone: (02) 8586 3515

Website: www.mbansw.asn.au/membership

2015

Page 64: 2015 MB NSW Magazine Jan-Mar

62

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

By Joseph Keller, FPA Australia communications manager and Chris Wyborn FPA Australia

engagement & education manager

Australians have a fundamental connection to the bush. Much of our

cultural folklore surrounds Australia’s beautiful bushland areas. It is of

little surprise then that many of us share a desire to build our dream

home in such an area. In addition, the increasing urban sprawl of most

major Australian cities is leading to increased residential construction in

areas that have a high chance of bushfire.

The frequency and severity of bushfires in Australia as result of climate

change is increasing, this was clearly evident by the tragic events

of Black Saturday on 7 February 2009 in Victoria as well as many

significant bushfire events since, including the Blue Mountains fires in

2013. These events have led to a number of revisions in building codes

and standards in relation to bushfire construction in Australia, in order to

reduce the potential impact of these events in the future.

feature / bushfire protection

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

63feature / bushfire protection

In NSW, AS 3959-2009 is called up as the deemed to satisfy solution

with the exception of section 9 for flame zone construction. Buildings

that are assessed as requiring flame zone construction are required

to comply with planning for bushfire protection, including any specific

measures required by the Rural Fire Service through a bushfire safety

authority which forms part of the development approval for the land.

While the standard is generally applied across all states and territories in

Australia, the way it is implemented may vary based on the requirements

of various pieces of relevant legislation. These state based regulations

primarily vary the planning requirements / instruments required for

applying the standard and may tweak elements of the standard.

However, as a general rule the overall the requirements of AS 3959 are

fundamentally the same across Australian jurisdictions.

An important component of construction in bushfire prone areas is

determining the Bushfire Attack Level (BAL). The BAL is determined

via combining the values of a range of measurements including the

fire danger rating for a given area, the vegetation classification, distance

of proposed building site from vegetation and effective slope of the land

proposed for development. There are five bushfire attack levels as follows:

BAL-12.5, BAL-19, BAL-29, BAL 40 and BAL-FZ. The numbers associated

with each BAL level denote anticipated levels of radiant heat by kilowatts,

while BAL-FZ stands for flame zone, the highest bushfire attack rating.

Bushfire rated construction materials

AS 3959-2009 is primarily concerned with improving the ability of

buildings to better withstand attack from bushfire thus giving a measure

All of this leads to significant need for rigorous and safe bushfire

construction measures to be implemented in a consistent and

nationally harmonised way, and then be applied in a uniform manner by

designers, certifiers and builders. This article will detail some important

considerations when designing and constructing residential houses in

bushfire prone areas for builders and property owners.

Understanding legislative framework for bushfire

construction in Australia

The construction of buildings in bushfire prone areas throughout

Australia is generally governed by both the land use planning and

building regulatory frameworks. In New South Wales, development

for residential purposes on bushfire prone land must comply with the

Environmental Planning and Assessment Act including Planning for

Bushfire Protection published by the NSW Rural Fire Service or, where

applicable, State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008.

The National Construction Code governs construction in Australia.

Notwithstanding any land use planning requirements, standalone

residential housing construction in bushfire prone areas is specifically

controlled by part 3.7.4 within volume 2 of the Building Code of Australia

class 1 and class 10 buildings. This part generally calls up some or

all aspects of Australian Standard AS 3959-2009 Construction of

Buildings in Bushfire Prone Areas as the primary reference document for

construction requirements.

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

of protection to the building occupants (until the fire front passes) as well

as to the building itself.

Of significance to AS 3959-2009 was the publication (in 2007) of

the AS 1530.8 series of standards that set out methods of test for

building materials, elements of construction and systems subjected

to bushfire conditions.

The publication of these standards provides confidence to builders and

consumers that the use of products, demonstrated to meet specific test

requirements, will result in a safer building. The standards also provide

manufacturers with a standardised process and allows for fair and

consistent evaluation of products.

AS 3959 -2009 allows for the use of tested materials, but also allows

for the use of other materials and components that have been deemed,

but not tested, to withstand the assessed level of bushfire impact.

FPA Australia believes all products used in bushfire prone construction

should be based on the results of testing.

Benefits of using tested construction materials

The main benefit of using a tested system or component is that only

the specific materials and construction techniques used in the tested

system can be deployed. This ensures the final product when installed

in the building will perform in the same manner as originally evaluated by

the registered testing authority.

In contrast to a fully tested and certified system, use of a generic system

or a non-tested product, such as that detailed in Appendix I of AS 3959-

2009 for roof systems does not allow for any control over the type of

materials used or the method of installation.

FPA Australia considers that this makes a generic system or non-

tested product far less reliable than a tested or certified system. This

concern stems from the fact that there is no guarantee that the types of

materials ultimately used on site will match those used in the testing and

evaluation undertaken by the registered testing authority.

FPA Australia considers that a generic system that uses different materials,

or applies different construction techniques to those used in the testing

and evaluation of an approved system may not pass the required test, and

therefore the building may be more venerable to the effects of a bushfire.

The selection of plywood installed as part of a generic system is an

example of where different materials could be used. Plywood is a

manufactured wood panel made from thin sheets of wood veneer.

In Australia, plywood is widely available in many varying forms from

numerous product manufacturers and importers. Plywood can be

manufactured from softwood, hardwood and tropical timbers and the

thin sheets of wood veneer can be bonded together using a variety of

different glue products. Such variations in plywood production make

it most unlikely that all brands of plywood will perform the same when

tested under fire conditions. This is just one example of where product

selection could influence the performance of a generic system.

New technologies and products

FPA Australia acknowledges that the initial application of AS 3959–2009

throughout Australia was troublesome for property owners, particularly

those assessed as being subjected to a BAL-FZ rating. This was in

part due to the unexpected adoption of AS 3959–2009 shortly after

the Black Saturday fires. The rapid publication of the standard, which

included referencing of the newly developed AS 1530.8 standards,

unfortunately meant that there was little opportunity for products to be

developed and tested to comply with the new test standard.

Despite the problems associated with the initial publication of the

standard, industry has responded by investing considerable funds to

design and test systems to meet the new requirements. In fact the rapid

release of the standard not only encouraged innovation, but defined an

expected level of performance and an even playing field. This has resulted

in an increased, yet appropriate level of protection for the community.

Referencing the AS 1530.8 series of standards as a benchmark

requirement has created a demand for tested product that industry has

responded and continues to innovate towards. Multiple products that

have been tested to and found to comply with the test standards, are

now available in the marketplace.

Homeowners have a right to expect design and construction to a

particular assessed BAL level means just that. Any opportunity for

a reduction in performance, inadvertently or otherwise through the

use of generic systems or untested products should be very carefully

considered to ensure consumer and community safety is respected as

the priority when determining construction in bushfire prone areas.

Using accredited practitioners

All of the points outlined above highlight the importance of property

owners and developers using trained, professional practitioners

when bushfire reports are required during the planning, approval and

development process when building in bushfire prone areas.

In order to meet this need Fire Protection Association Australia has

developed the bushfire planning & design accreditation scheme (BPAD).

The scheme accredits consultants who offer bushfire assessment,

planning, design and advice services. BPAD practitioners meet criteria

based on specific accreditation and competency requirements, including

a detailed knowledge of the relevant planning, development and building

legislation for each state and territory. Through the accreditation scheme,

BPAD accredited practitioners are recognised by industry, regulators,

fire agencies, end-users and the community as providers of professional

bushfire assessment, planning, design and advice services. The scheme

provides an enhanced level of confidence for government, and the

community that practitioners are accredited by a suitably robust scheme

that is administered by the peak national body for fire safety.

Accredited practitioners are able to provide advice pre-construction

and post-construction with respect to product selection, testing

and compliance with AS 3959 -2009 and any required development

approval. In addition an accredited practitioner can provide advice in

relation to additional bushfire safety measures that are not prescribed

as the minimum requirements. These measures can include the

application of bushfire sprayer systems, construction and use of private

bushfire shelters, emergency planning and bushfire survival plans and

appropriate landscaping to reduce bushfire impact.

For more information about finding bushfire-tested building products

visit www.fpaa.com.au/providers

For information about the BPAD scheme visit ww.fpaa.com.au/bpad or

call the FPA Australia national office on (03) 8892 3131.

feature / bushfire protection

Page 67: 2015 MB NSW Magazine Jan-Mar

SPECIALMBA NSW MEMBER

OFFER!

ISUZUUTE.COM.AU5-star ANCAP safety rating on 4x4 D-MAX Crew Cab models built from November 2013 onwards, 4x2 D-MAX Crew Cab High Ride models built from November 2014 onwards and all MU-X models. *To be eligible to receive National Fleet Pricing Master Builders Association NSW (MBA NSW) members must hold a valid membership & provide a proof of membership at the time of purchase. Only at participating Isuzu UTE Dealers until 30/06/2015, unless extended, varied or while stocks last. ‡555 gift card made available after purchase, administered by Emerchants and available for use wherever EFTPOS is accepted, card is not redeemable for cash. $555 gift card is only available to MBA NSW members. Member must prove a valid MBA NSW membership at the time of purchase via a membership letter or membership card. ABN holders only. Excludes government, fleet, rental, non-profit and demonstrator vehicle buyers. Only at participating Isuzu UTE Dealers until 30/06/2015 unless extended, varied or while stocks last. Not available with any other offers. ^5 years or 130,000km whichever occurs first, for eligible customers; excludes accessories and trays.

To secure this great offer take your MBA NSW membership card to your local Isuzu UTE dealer.

GET NATIONAL FLEET PRICING* PLUS A $555 GIFT CARD ‡ ACROSS THE ENTIRE D-MAX AND MU-X RANGE!

Page 68: 2015 MB NSW Magazine Jan-Mar

66

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

what’s new

Best Practice Certification believe the development of an ISO50001 Energy

Management System is a practical solution to meet the increasing demand

for sustainable living.

Built around other well-known standards, including ISO9001 and

ISO14001, Best Practice Certification identify Energy Management System

certification as the future of smart business. From one-man operators to

large organisations, incorporating the required systems and processes

into everyday practices is a necessary step when offering environmentally

conscious families the green living dream.

Best Practice Certification recently certified the first building franchise in

Australia to the international standard, verifying that increased energy

efficiency is an outcome of thier management system, which ultimately

saves the business and their customers money.

“Now with this accreditation, we are able to deliver homes that are as

practical and affordable as they are efficient, opening up a world of lower

bills to every Australian, regardless of their budget,” – Mick Fabar, Green

Homes Australia.

Aside from tackling soaring energy prices and climate change, IS050001

certification benefits businesses by:

• Conserving resources

• Facilitating operational due diligence, ensuring business growth

• Increasing customer confidence

• Satisfying mandatory Government requirements

Speak to our friendly team about increasing your energy efficiency and

integrating current management systems to receive 50% off gap analysis

during April.

Phone: 1300 402 602

Email: [email protected]

Web: www.bestpracticecertification.com.au

Access to energy efficient homes has become a reality for all Australians,

with Green Homes Australia achieving ISO50001 Energy Management

Certification.

GHA are the only national building franchise and organisation in Australia

to have achieved this certification, aimed at delivering practical and

affordable homes by using energy more efficiently and naturally.

All of the designs and construction methods are certified under this

accreditation, ensuring international guarantee that the homeowner will

live in an energy efficient home that is suited to their climate, lifestyle,

block and budget.

Managing Director of GHA, Mick Fabar says that rising energy prices and

increased living costs were a driving factor to achieve this certification.

“In 2015, it is no longer only green-minded people who are interested in

owning a more efficient home. With energy prices where they are currently,

and forecasted to increase in the future, more Australians are looking

to build homes that are more affordable and efficient. This is why it is

important for every Australian to have the opportunity to own a home that

uses less energy.”

Green Homes Australia is currently looking for builders to join the franchise

network across Australia. Find out how you can become a part of the team

to service the increasing demand being experienced nationwide and build

accredited ISO50001 energy efficient homes.

Phone: 1300 724 661

Email: [email protected]

Web: www.greenhomesaustralia.com.au

OFFER YOUR CUSTOMERS ENERGY EFFICIENT HOMES, AND SAVE MONEY

GREEN HOMES AUSTRALIA OFFERING BUILDERS THE OPPORTUNITY TO BUILD INTERNATIONALLY ACCREDITED ENERGY EFFICIENT HOMES

Page 69: 2015 MB NSW Magazine Jan-Mar

67

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

what’s new

*Supplier/Installer registration opened 1/9/14 & ends 11.59pm AEST 1/5/15. Trade entry open to Aust. residents 18+ who are an employee, owner or contractor of a business that supplies and/or installs genuine COLORBOND® steel products in Australia, excl. businesses which are owned by the Promoter other than businesses that are a franchisee of the Promoter. Must have permission from your supplier/installer business owner to enter. See full terms and conditions for details on whom each prize is awarded. In some cases, a prize may be awarded to a person other than that specified on the registration form due to a supplier/installer business’s internal policy. Remind consumers to whom you sell COLORBOND® steel products from 1/1/14–1/5/15 to retain their purchase receipt for verification purposes. Limitations: Max 1 entry form submission per person. Limit 1 Market Research Survey completion per person. Max 1 scratch card per eligible supplier/installer. Draws – Draws at 11am, B6, 41-43 Bourke Rd, Alexandria, NSW 2015. Minor Prize Draws: 15/10/14, 29/10/14, 12/11/14, 26/11/14, 10/12/14, 24/12/14, 7/1/15, 21/1/15, 4/2/15, 18/2/15, 4/3/15, 18/3/15, 1/4/15, 15/4/15 & 6/5/15. Survey Prize Draw & Major Prize Draw: 8/5/15. Minor Prizes (per Minor Draw): $2,000 for consumer winner, $2,000 for pre-regist. supplier/installer nominated by consumer winner & $2,000 for supplier/installer’s nominated COLORBOND® steel distributor/supplier. Survey Prize: $2,000. Major Prize: $150,000 for consumer winner & $100,000 for pre-regist. supplier/installer nominated by consumer winner. Scratch & Win Prizes (for eligible suppliers/installers only): 430 x $25 Coles Myer Gift Card; 15 x Apple iPad Mini 16GB Wi-Fi ($350ea). Apple Inc. is not a participant or sponsor of this promotion. Minor, Survey and Major prize winners published at www.colorbond.com/genuwin & in The Australian within 10 business days of draw. Promoter: BlueScope Steel Ltd (ABN 16 000 011 058), L11/120 Collins St, Melbourne, VIC 3000. Permit No’s: NSW LTPS 14/05439, ACT TP14/02417, VIC 14/4619, SA T14/1247. Full Terms & Conditions, incl. full eligibility & entry details at www.colorbond.com/genuwin. 1. Warranty subject to application and eligibility criteria. For full warranty terms and conditions and to determine the eligibility of your building for the warranty visit www.bluescopesteel.com.au/warranties or call BlueScope on 1800 800 789. 2. Thermatech® technology is not available in the colour Night Sky® and is not available in COLORBOND® Stainless steel. COLORBOND®, Thermatech®, Night Sky®, BlueScope and the BlueScope brand mark are registered trademarks of BlueScope Steel Limited. Activate™ is a trademark of BlueScope Steel Limited©. 2014 BlueScope Steel Limited ABN 16 000 011 058.

If you supply or install genuine COLORBOND® steel products you could WIN more

customers as well as $100,000 cash, plus other great prizes. For full details, eligibility

criteria, terms and conditions and to register for the COLORBOND® steel GEN-U-WIN

promotion, visit COLORBOND.COM/GENUWIN.

HOW TO GEN-U-WIN.

If your customer wins you could win – it’s that simple! When your homeowner customer purchases

any genuine COLORBONxD® steel product valued at $1,500 or more (excluding installation) they

could be eligible to enter the promotion and win. If your eligible homeowner customer wins the major

prize of $150,000 and has nominated you as their supplier or installer you could win a cash prize of

$100,000 as long as you are eligible and have registered.* Similarly, if they win a fortnightly cash prize

of $2,000 and have nominated you and you have registered and are eligible, you could also win a cash

prize of $2,000.* To claim your prize you must have registered at COLORBOND.COM/GENUWIN prior

to the draw.*

Homeowner entry starts on 1 October 2014 with the first of the 15 fortnightly draws on Wednesday,

15 October 2014. The promotion closes on 1 May 2015 with the major prize draw on Friday, 8 May

2015. Trade registrations open 1 September 2014. Homeowner purchases from 1 January 2014 until

1 May 2015 are eligible for entry.

YOU CAN MAKE THE GEN-U-WIN PROMOTION WORK FOR YOU IN 3 EASY STEPS.

1. Register now at COLORBOND.COM/GENUWIN

2. Look out for the GEN-U-WIN trade flyer which has further information

3. Hand out the GEN-U-WIN homeowner flyer to all your homeowner customers and encourage

them to enter. If your homeowner customer wins you could win! You can order more flyers

online at COLORBOND.COM/GENUWIN.

WIN more customers with genuine COLORBOND® steel.

Page 70: 2015 MB NSW Magazine Jan-Mar

68

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

what’s new

THE BAYER PROTECTION PROGRAM OFFERS HOMEOWNERS TOTAL TERMITE PROTECTIONA first for the termite industry in Australia, the

Bayer Protection Program offers homeowners

total termite protection -- a combination of

regular termite inspections (e.g. annually) to

detect the presence of termites; and a physical

barrier (Kordon®) to prevent entry via areas that

can’t be inspected.

The Bayer Protection Warranty starts with an

inspection of the home by a Bayer Accredited

Timber Pest Inspector. If the home is termite-

free, and possible conditions which may be

conducive to termite attack are addressed, your

Bayer Protection Warranty can be renewed. The

same inspection takes place each year to give

the homeowner total termite protection. This

warranty can be renewed annually (fee applies)

for the life of the structure.

The Bayer Protection Warranty covers

homeowners for up to $1 million worth of termite

damage due to product failure or any other

means of termite entry.

To activate your Bayer Protection Warranty

visit www.kordonwarrantycentre.com.au or

for further information contact the Bayer

Protection team on 1800 552 802.

Working alone? Need a helping hand?

Joist Proppa™ benefits:

• PROVIDES TEMPORARY SUPPORT

and alignment when securing timber

joists, rafters and studs

• VERSATILE AND EASY TO USE

Can clamp timber from the top

or the underside

• WORKS WITH TIMBER

35–65 mm in thickness

• INCREASES PRODUCTIVITY

by reducing time taken and labour cost$

SUPPORT THE JOIST THE PROPPA WAY™

“the framer’s mate!”™

Tel: 0412 176 253

www.proppatools.com

Aust. Reg. Des. No. 358436

UNDER CARPET & UNDER FLOATING TIMBER FLOORComfort Heat has sourced an improved electric

heating mat designed for under carpet and under

floating timber floors.

As with all electric floor heating products

purchased from Comfort Heat, the heating

system is controlled by a thermostat with a floor

sensor. The floor sensor will ensure the system

maintains a constant low temperature under the

floor coverings and so minimise the electricity

used to achieve the required comfort settings.

Two models of thermostat add flexibility to the

heating system, with a standard model which

holds a constant temperature, to the digital

programmable thermostat which includes a 7

day time clock.

A quotation for the under floor heating system

can be provided from plans which can be

e-mailed to Comfort Heat directly. The website

www.comfortheat.com.au provides information

on all products available, from full installations to

DIY kits.

For more information contact:

Local Call: 1300 13WARM

Phone: (02) 9979 8600

Fax: (02) 9979 7706

Website: www.comfortheat.com.au

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

what’s new

temperature changes to ensure accurate performance over the course of the day. Price is also a very strong point for these grade lasers.

• A great general construction laser with digital grade capability

• Dial-in grade in single or dual axis, easy and fast at the touch of a button

• The unique Smart Slope function continuously monitors time and temperature changes to ensure accurate performance over the course of the working day

• Teamed with the RE160 receiver this offers such unique features as strobe light rejection and half mm accuracy.

Leica Rugby lasers are the toughest rotating lasers and are suitable for all construction applications. Level, align and square much quicker than ever before, eliminating costly errors and downtime.

For more information contact:Website: www.crksurveyshop.com.au/dealers

LEICA NEW RUGBY 670 AND 680 ROTATING LASER - SLOPES DONE EASYWith close to 200 years of experience pioneering solutions to measure the world, Leica Geosystems products and services are trusted by professionals worldwide to help them capture, analyse and present spatial information.

Leica Geosystems’ Rugby Lasers are the most accurate and reliable rotating lasers for general construction and machine control applications that require precise grade. They can be used wherever level, single or dual grades are required, and are compatible with Leica Geosystems’ 2D and 3D Machine Control Systems for ultimate grade control.

• The Leica Rugby Laser level has been available in Australia for more than 10 years now with the most recent series being the Rugby 600. The Rugby 600 range is a general construction laser although within the range many variations are available ranging from the single button 610 to the NEW Rugby 680. The 680 is the latest and greatest in the 600 range and offers some special features.

• The Leica Rugby 670 and 680 are great general construction lasers with digital grade capability with dial-in grade in single or dual axis, easy and fast at the touch of a button. The unique Smart Slope function continuously monitors time and

Page 72: 2015 MB NSW Magazine Jan-Mar

70

M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

directory

Free Quote: 1300-889-585 www.endless-solar.com.au

Why Choose Endless Solar?• Advanced Evacuated Tube technology

• Greater Savings on your hot water bill

• Smarter solar hot water designs

• High quality products backed with genuine warranties

• Quality Controlled - Certi� ed to the ISO 9001 Quality Management System

• Proven credibility and expertise

• Expert advice in solar thermal solutions

• Simply looks and works better than other systems

• Solid reputation and many years experience

• Personalised service

• Australian Standards® Certi� ed designs, processes and components

• Ready for rebates

• Frost Protected

• Self Cleaning

• Built to Last

Endless Solar has been supplying to builders and plumbers in the industry for nearly 10 years.

Endless Solar uses evacuated tube technology for our solar hot water heaters, which are more ef� cient than � at plate collectors, especially in the winter months. These collectors are covered by a 15 year warranty. 

Our tanks use marine grade stainless steel, are Australian made and are also backed by a 15 year warranty. If you would like your system to have gas boosting Endless Solar provides Bosch instantaneous boosters as a back up for the solar system.

Endless Solar is located in Auburn in Sydney and deliver all over Sydney and surrounding area

SELF CLEANINGNo climbing on your roof to wipe away grime, mould and pollution

Morning after the 2009 Sydney dust storms.

Morning after the 2009 Sydney dust storms.

Screw Piles & Excavations can access small or difficult sites such as backyards entering via the carport and for very small access jobs we have a modified Dingo.

Servicing from Newcastle to Gold Coastand inland areas.

Screw Piles & Excavations can be contacted on:

0409 939 967 Email: [email protected]

Leading painting contractors in NSW

0422 039 988Office: (02) 9822 0954

info@allaustralianmaintenance.com.auwww.allaustralianmaintenance.com.au

• Colour Consulting

• Exterior and Interior Painting of Homes and Buildings

• Staining and Clear Coating

• Concrete Staining

• Faux and Decorative Finishes

• Texture Coating

• Epoxy Coating

• Graffiti Removal

• Special Effects

• Free quotes

ALL AUSTRALIAN MAINTENANCE GROUP "Quality you can trust"

PILING MAINTENANCE

SOLAR

Page 73: 2015 MB NSW Magazine Jan-Mar

12 POINT CPD SEMINAR NEWCASTLE ...........................................................................................................26 MAR

CASTLE HILL .......................................................................................................... 22 APR

BALLINA ..................................................................................................................14 MAY

TRADE EXPOSNOWRA ...................................................................................................................18 MAR

SUTHERLAND .........................................................................................................27 MAY

REGIONAL ROAD SHOWSGRAFTON ................................................................................................................ 29 APR

TAREE ...................................................................................................................... 30 APR

DIVISION MEETINGSCENTRAL COAST .........................................................................................1 APR, 6 MAY

CENTRAL WEST ...................................................................................... 18 MAR, 20 MAY

NULLA… ................................................................................................................. 13 APR

EASTERN SUBURBS .................................................................24 MAR, 28 APR, 26 MAY

HUME ........................................................................................................................ 1 APR

ILLAWARRA...................................................................................................2 APR, 7 MAY

INNER WEST ............................................................................................ 17 MAR, 19 MAY

MANLY WARRINGAH ...................................................................12 MAR, 9 APR, 14 MAY

MANNING/GREAT LAKES ........................................................................ 24 MAR, 19 MAY

MIA ............................................................................................................................6 MAY

MID NORTH COAST................................................................................................18 MAY

NORTH COAST .......................................................................................................19 MAY

NORTHERN SUBURBS ..............................................................19 MAR, 16 APR, 21 MAY

ORANA ..................................................................................................... 19 MAR, 21 MAY

OXLEY ...................................................................................................... 25 MAR, 20 MAY

PARRAMATTA CUMBERLAND ...................................................18 MAR, 15 APR, 20 MAY

RIVERINA ..................................................................................................................7 MAY

SNOWY MOUNTAINS .............................................................................................27 MAY

SOUTH COAST/SHOAL ............................................................................15 APR, 20 MAY

SOUTHERN HIGHLANDS ..........................................................10 MAR, 14 APR, 12 MAY

ST GEORGE ............................................................................................................ 21 APR

TWEED ....................................................................................................................20 MAY

DATES FOR YOUR DIARY

For all events visit our website www.mbansw.asn.au

Page 74: 2015 MB NSW Magazine Jan-Mar

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M A S T E R B U I L D E R S A S S O C I A T I O N O F N S W J A N U A R Y / M A R C H 2 0 1 5

the way we were

WHAT THE MBA SAIDON MARCH 25, 1953

Page 75: 2015 MB NSW Magazine Jan-Mar

Excellence in Qualitywww.precisewindowsanddoors.com.au

Specialising in:• windows & doors• shop fronts• bi fold doors• safety glass• mirrors• glazing repairs• glass roofs• slump glass• acoustic and thermal windows• security doors• louvers

02 9756 5882Precise Windows & Doors AD.indd 1 9/02/2015 3:10 pm

At Cbus, we make meeting your super obligations easy:

• Wehavearangeofonlinecontributionpaymentoptions,includingtheCbusClearingHouse*whichwillallowyoutopayyouremployees’superintomultiplefundsusingtheonesystem.

• AccesstofinancialadviceforCbusmembers.

• Regularcommunicationwithmembersandemployers.

AtCbusweinvestbackintothebuildingandconstructionindustryaspartofourlong-terminvestmentstrategy,therebycreatingjobs.

When it comes to super, you can rely oncbus

CallCbuson1300 361 784orvisitwww.cbussuper.com.au

Bligh Street, Sydney, a Cbus Property Development.

*The Clearing House service is provided by Westpac Banking Corporation at the request of Cbus. Read the relevant Cbus Product Disclosure Statement to decide whether Cbus is right for you. Contact 1300 361 784 or visit www.cbussuper.com.au for a copy. Cbus’ Trustee: United Super Pty Ltd ABN 46 006 261 623 AFSL 233792 Cbus ABN 75 493 363 262.

Page 76: 2015 MB NSW Magazine Jan-Mar