2016 mb nsw magazine jan - mar

TRADE UNION ROYAL COMMISSION REPORT RELEASED

Print Post Publication No. PP100003016

HOME WARRANTY INSURANCEIT’S BROKEN AND NEEDS TO BE FIXED!

GOVERNMENT RELEASES DISCUSSION PAPER ON HOME WARRANTY INSURANCE FIRST NSW EMPLOYER PROSECUTED UNDER HARMONISED WHS LAWS

Search: job doneCall: 1300 252 463

END THE PROGRESS CLAIM PAIN.

JOB DONE.

Online billing for the construction industry. On any device, via the cloud. Powerful for the headcontractor. Simple for the subcontractor.

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renault.com.au

The 1,000,000th Renault Kangoo has just rolled off the production line in France. That’s a whole lot of Kangoo can do.This trusty little workhorse has been a winner all over the world and its continued success is all down to owners like you.So on behalf of Renault we’d like to say thanks. Thanks for choosing a generous load space and payload. Thanks forchoosing dual sliding side doors, air conditioning and Bluetooth. Thanks for choosing Stability Control, Dual Airbagsand ABS. Thanks for choosing 3 free services.̂ Thanks a million for choosing Renault Kangoo.

†Five (5) year/200,000km warranty offer (which includes two (2) years Extended Manufacturer Warranty) and 5 years/200,000km Roadside Assistance both apply to all new or demonstrator Kangoo models. Warranty and Roadside Assistance valid for 5 years or 200,000km (whichever comes first) from new. Demonstrator vehicles receive balance of new vehicle warranty and Roadside Assistance. Renault reserves the right to vary, extend or withdraw this offer. Roadside Assistance terms and conditions apply. Call our Customer Service Team on 1800 009 008 or view the Terms and Conditions statement at www.renault.com.au/drivingpeaceofmind for details. ^Offer applies to Kangoo models sold from 1/1/16 to 31/3/16. First three scheduled maintenance services free on new and demonstrator Kangoo vehicles, based on standard scheduled servicing from new an on normal operating conditions. If vehicle not presented within three (3) months of when scheduled service is required, right to that free service under offer is forfeited. Whilst current Australian stocks last.

Thanks a millionHere’s to the 1,000,000th Kangoo.

IN THIS ISSUE:

REGULARS

Contact List 4

President’s Viewpoint 6

Executive Director’s Viewpoint 8

Regional Roundup 10

Newsbrief 14

FEATURES

Metal Roofi ng and Cladding Association Awards of Excellence 18

Excellence in Brick and Block Awards 30

Aboriginal Affairs 37

Let-Up to Employment Kit for Employers

Opportunity Hubs

Apprenticeship 40

Master Builders Pre Apprenticeship Program – A Success Story

Housing 42

Home Warranty Insurance

Industrial Relations 44

Trade Union Royal Commission Report Released

High Court Rules Independent Contracting Arrangement a Sham

Membership 47

Making the Most of your Master Builders Membership

Insurance 48

Builders Warranty Insurance

Legal 49

The Builder, The Developer and its Architect

Training 50

Course List

Workplace Health & Safety 51

First NSW Employer Prosecuted Under Harmonised WHS Laws

Women in Construction 52

Women in NSW 2015 Report

Empowering Women in Construction: No Stone Left Unturned

Dates for your diary 54

DIRECTORY 55

WHAT’S NEW 55

THE WAY WE WERE 56

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.

EMAIL: [email protected]

ADVERTISING SALES: Paul Baird, Peter Shepherd, Rose Delosreyes

STUDIO MANAGER: Byron Bailey

EDITOR: Samantha Regan

LAYOUT: Michelle TrianaGRAPHIC DESIGN TEAM: Andrew Crabb, Danny McGirr

PRODUCTION: Brooke Travers

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

TRADE UNION ROYAL COMMISSION REPORT RELEASED

Print Post Publication No. PP100003016

HOME WARRANTY INSURANCEIT’S BROKEN AND NEEDS TO BE FIXED!

� GOVERNMENT RELEASES DISCUSSION PAPER ON HOME WARRANTY INSURANCE � FIRST NSW EMPLOYER PROSECUTED UNDER HARMONISED WHS LAWS

soloassist.com.au1300 884 354

Call Us Today!Drop the Hammer!

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Send toQuote...

On-Screen Take-OffScan Plans

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Warning: Users may enjoy quoting!

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Manage Job

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Variations

Progress PaymentsOn-Screen Take-Off

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Call Us Today!Drop the Hammer!

Areas

Roof Areas

Vertical Areas

Lengths

Counts

Volumes

Send toQuote...

On-Screen Take-OffScan Plans

™ScanPlan

Warning: Users may enjoy quoting!

Print Quote

Manage Job

Purchase/Work Orders

Cost Control

Variations

Progress PaymentsOn-Screen Take-Off

Send Qty’s fromPlan Scan

Enter yourQty’s & Quotes

SoftwareQuoting & Job Management


SOFTWARE

®AssistSolo

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

Ross Mitchell PresidentMartin Patience Deputy PresidentPaul Maginnity Immediate Past PresidentSimon Pilcher Vice PresidentChris Calderbank-Park Vice PresidentMike O’Donell Vice PresidentJeffrey Cork 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 Aravinda Mathuran 8586 3556 Adam Myers 8586 3501 Dele Omisore 8586 3583 Linda Thomson 8586 3568Authorised Representative - Adam Fawcett 0466 770 910Capital & Construction Risk Managers Pty Limited Account Executive - Warranty Daniel Vine 8586 3566 Jayne Pan 8586 3528Account Executive - Warranty Joel Beater 8586 3565National Business Development Manager (Surety) Bill Korakis 8586 3541Business Development Manager (NSW) Leeanne Farmer 8586 3512

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

Education Centre 8586 3588Training Manager Darin Grace 8586 3579Apprentice Training Coordinator Lenn Fay 8586 3560Administration Coordinator Karen Grono 8586 3521Qualifications Coordinator Dean Edser 8586 3548Cert III Coordinator Carson Gao 8586 3559Cert III Customer Service Jason Kim 8586 3559Cert III Lead Trainer Andrew Turner 8586 3578Short Course Coordinator Vanessa Herrera 8586 3577Administration Coordinator Sharon Eakin 8586 3553MBA Skill Recognition Centre 1300 884 315

NORWEST EDUCATION CENTRE

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

APPRENTICESHIP SERVICES

Apprenticeship Services Manager Karen Kellock 8586 3538Apprenticeship Services Coordinator Perry Wynn 8586 3533Apprenticeship Payroll Supervisor Maria-Luisa Branezac 8586 3536Apprenticeship Payroll Officer Laura Atwell 8586 3542Apprenticeship Field Officer Lance Hapeta 8586 3550Apprenticeship Field Officer Paulo Atienza 0423 025 380Apprenticeship Field Officer Ben Mitchell 0412 499 754Apprenticeship Field Officer Frank Luppino 0401 998 853Apprenticeship Mentor Donna Seidler 0413 316 407

HOUSING

Director Housing Peter Meredith 4323 4588

LEGAL

Head Solicitor Robert Collings 8586 3517Solicitor Hannah Shephard 8586 3517Legal Assistant Daniel Schwebel 8586 3517

INDUSTRIAL RELATIONS AND SAFETY

Director Construction Peter Glover 8586 3535Executive Officer Safety David Solomon 8586 3552Industrial Relations Officers Rod Grace 8586 3574 Nicholas Arends 8586 3573 Iain Jarman 8586 3502Safety Officer Chris Schultz 8586 3522Trainee Safety Officer Leon Lenzo 8586 3524IR Administration Officer Annette Gee 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 3504Business Development Manager Juliet Pratley 0421 050 395

OPERATIONS

Director Operations Craig Donovan 8586 3537Government Projects & Programs Manager Omesh Jethwani 8586 3539Communications Manager Steven Swan 8586 3562IT Systems Manager Amanda Kernaghan 8586 3580 IT Support/Webmaster Alexander Ashley-Carrington 8586 3525

FINANCE & ADMINISTRATION

Director Finance & Administration Arthur Johnson 8586 3508Manager Finance & Administration 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 3510Assistant Accountant Sebastian Aguilera Reception #2 8586 3526Fishbowl #2 8586 3530Charles Martin Room 8586 3546

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 Trish Dillon 4979 0103Receptionist Ashley O’Brien 4953 9400Industrial Relations Officers Ben Ziolkowski 4979 0107Safety 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 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 001Member Services Representative Zoe Gardnier 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

ORANGE

Level 1, 296-298 Summer St, Orange NSW 2800Tel: 02 6362 6895Fax: 02 6369 0390Mob 0458 243 976Regional Coordinator Chris Dunn

MATES IN CONSTRUCTION

Hotline: 8586 3575

HEAD OFFICE

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rylock.comAlexandria | Factory & Showroom

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

into quality Australian homes

3 Ellis Avenue8335 4400

Artarmon | Showroom OPENING IN EASTER 2016!

Photo courtesy Sheridan Building Services

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

In late December last year (2015) the NSW

Government released two very signifi cant

Discussion Papers. The fi rst being a Discussion

Paper on the review of Home Warranty

Insurance (HWI), the second a review of the

Building Construction Industry Security of

Payment Act 1999. Both Discussion Papers

had deadlines to respond of February 2016.

In order to respond properly to a signifi cant

issue such as HWI, the Association provided

a HWI Briefi ng Note which was circulated to

all members. A number of industry workshops

were conducted in January, one in Sydney and

one in Newcastle, as well in regional centres

across NSW. It is interesting and relevant

to note that a specifi c workshop targeting

new entrants and young builders was also

undertaken to ascertain their perspective on

this issue.

The feedback received from builders is

consistent:

• HWI fi nancial requirements restrict

builders’ growth;

• The current scheme acts as a deterrent to

new entrants coming into the

building industry;

• There is a lack of incentive in both

licencing and insurance systems;

• There is a lack of owner (client)

accountability in relation to the builders’

selection and contract value.

While the MBA acknowledges that these

issues appear simple, the solution to a

sustainable HWI scheme is not so simple.

The MBA believes that the warranty scheme

has moved away from its original intention of

protecting the consumer who is building or

renovating a home. We believe that this is the

scheme’s core business and any changes to

the current system should refl ect a return to

that original purpose.

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2016 is already shaping up as being a very busy year for

the Association.

The workshops conducted by the MBA and

feedback from over 100 submissions clearly

identify improvements that could be made to

the current scheme, and they fall into a number

of broad categories:

• Improved eligibility criteria;

• Any system should reward better builders;

• Better alignment of licencing to insurance;

• Improved certifi cation systems;

• Implement an education and mentoring

system for new industry entrants;

• Owner education and accountability

need improving.

It is clear from the consultations and

submissions received that the introduction of

a building commission to comprehensively

co-ordinate, not only this signifi cant issue, but

also other industry regulations is a central pillar

to reforming the industry.

The other matter that I refer to above is

the Security of Payment Legislation review.

This review has given the Association an

opportunity to once again comment on a

number of issues which have plagued certain

sectors of the industry for many years.

Specifi cally, the Association makes comment

on the extension of the legislation to cover

the relationship between home owners and

builders, which is currently not the case.

The need for more time for larger and more

complex issues, the independent nomination

of Adjudicators as well as matters relating to

the cost effectiveness of the Act’s operation in

smaller matters are all subjects canvassed in

the MBAs submission.

I thank all members who participated in the

various workshops and those who completed

questionnaires, for their input and very

important feedback.

Ross MitchellMBA/NSW PRESIDENT

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rylock.comAlexandria | Factory & Showroom

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

into quality Australian homes

3 Ellis Avenue8335 4400

Artarmon | Showroom OPENING IN EASTER 2016!

Photo courtesy Sheridan Building Services

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

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

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550_

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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


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


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




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


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

EXECUTIVE

DIR

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EIDLER

EXECUTIVE

DIA

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Members would have no doubt heard through various

media reports, the Final Report of the Royal Commission (TURC) into Trade Union

Governance and Corruption (TURC) conducted by former

High Court of Australia Judge Dyson Heydon, was made public by the Federal

Government at the end of December 2015.

Whilst the Final Report is

very extensive, containing 6

volumes in all, only 5 volumes

have been made public with

the sixth volume remaining

confi dential. The report contains a

total of 79 recommendations.

Royal Commissioner Dyson Heydon says

in the Report’s introduction that the two

year $46million inquiry found “widespread

misconduct” in a wide variety of unions and

industries. Those responsible have ranged in

seniority from the most junior levels to the most

senior, Commissioner Heydon wrote. Many

State Secretaries have been involved.

The Commissioner further comments, “These

aberrations cannot be regarded as isolated.

They are not the work of a few rogue unions,

or a few rogue offi cials. The misconduct

exhibits great variety. It is widespread. It is

deep-seated. It would be utterly naïve to think

that what has been uncovered is anything

other than the small tip of an enormous

iceberg. But it is clear that in many parts of

the world constituted by Australian trade union

offi cials, there is room for louts, thugs, bullies,

thieves, perjurers, those who threaten violence,

errant fi duciaries and organisers of boycotts.”

The TURC Final Report contains a number

of recommendations where the law needs

reforming in regard to the operation and

accountability of trade unions. Whilst the

Report stopped short of recommending

one building union be deregistered, it does

recommend special legislation be introduced

to disqualify offi cers of that union who are

deemed by Parliament to be ‘not a fi t and

proper person’.

The key recommendations include:

• The restoration of the powers of

the Australian Building Construction

Commission (ABCC).

• A new regulator for industrial organisations

with stronger powers including the same

investigative powers as the Australian

Securities and Investments Commission

(ASIC) and particular powers to inspect

the books of all registered organisations

to ensure their compliance with the

Registered Organisations Act.

• Much greater disclosure of benefi ts accrued

from ‘related entities’ that fl ow to registered

organisations and greater scrutiny of those

benefi ts including around taxation.

• The registered organisation regulator would

have the power to investigate breaches by

individuals of rules and laws around such

organisations and ban people from (paid

staff and volunteers) acting as offi cers of

registered organisations.

• A new civil penalty requiring registered

organisations to adopt policies around

fi nancial management.

• Increasing penalties for directors of

registered organisations to bring them into

line with those of company directors.

• Making it a criminal offense where directors

of registered organisations behave

dishonestly or recklessly in breach of their

statutory duties.

• Organisations negotiating Enterprise

Bargaining Agreements (EBAs) be required

to disclose all fi nancial benefi ts, direct

or indirect that can be derived by those

organisations or a related entity from the

terms of the EBA.

• Increased penalties for unions who

breach competition laws such as

secondary boycotts.

• The ABCC to have concurrent power with

the ACCC to enforce competition laws

around secondary boycotts.

• The ACCC to name and shame

participants in cartel conduct and

secondary boycotts each year.

• A stronger fi t and proper person test for

CFMEU offi cials and the ability for the

Parliament to have the power to disqualify

CFMEU offi cials from being union offi cials.

• Increased penalties for breaches of right of

entry rules.

• The Federal Government’s response

was to back the Royal Commission’s

recommendation to restore the

powers of the Australian Building and

Construction Commission (ABCC) and

has re-introduced the ABCC (Construction

Industry Improving Productivity Bills) to the

Parliament’s fi rst 2016 sitting.

It is most interesting to observe that our

industry has had experienced 3 Royal

Commissions over the last 3 decades – all

resulting in similar recommendations. The

unfortunate and recurring theme however,

is that Governments are unable to achieve

outcomes that the industry is crying out for.

Brian Seidler EXECUTIVE DIRECTOR

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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


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


is difficult to find time to

investigate them all.


time for this one.

Mr Dennis Wright



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






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




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

MBA ILLAWARRA DIVISION RACE DAYThe MBA Illawarra Division recently held

another successful Cox Plate race day at

Kembla Grange Racecourse. The annual event

has now been running for 10 years and was

enjoyed by over 300 people in the exclusive

Bert Lilye Lounge, where guests were treated

to a 3 course meal with beer and champagne

whilst overlooking the fi nish line. The eight race

program was held under sunny skies allowing

for the ladies to turn out in their fi nest race day

wear and the men in their best attire. The race

day also raises funds for the National Breast

Cancer Foundation with over $1,500 being

raised this year.

� e Illawara division enjoying a successful race day

WATERPROOFING COURSE A HIT IN PORT MACQUARIE

In the week before Christmas a Government

Funded Waterproofi ng - Best Practical

Applications course was held in Port

Macquarie, with record numbers attending.

With Waterproofi ng failure being the cause

of a large percentage of insurance claims on

homes, it’s really important that the job is done

properly in the fi rst place. This was a great

course for builders and associated trades

who are already doing waterproofi ng, to brush

up on their skills and practices. Due to the

popularity of the course, we will endeavour

to hold another one this year and we are

also hoping to hold a four day Certifi cate III in

Construction Waterproofi ng course too.

The Port Macquarie offi ce is currently in

the process of planning a Certifi cate IV in

Construction and Building for 2016. This

course will be run on ten weekends over a

six month period and all work is completed in

the classroom. Common negative feedback

from other Cert IV courses is the amount of

homework required, so the weekends will

be long days, but it means not having to do

homework through the week.

Construction in the Port Macquarie area is

busier than ever which was evidenced by the

two pages of Developments and Applications

in the local newspaper this week, something

not seen for quite a few years.

Attendees at � e Oxley Divisional Information Night held at Hanson Concrete, Port Macquarie

The local builders were treated to a working

tour of the local Hanson Concrete Plant in

Port Macquarie at their 2015 AGM & Divisional

Information Night. It was an interesting and

informative night with most saying that they

learnt something, which is a great result as this

is the aim of our Information Nights.

Kerrie Clark

Member Services Representative

Drugs & Alcohol:Is your construction site at risk?Medvet can help you implement a complete drug and alcohol program incorporating:

• Policy Development: A clear, comprehensive, and enforceable policy to meet your obligations and the challenges of site safety

• Training & Education: Educating your workforce on the impacts and implications of unsafe drug & alcohol use on construction sites

• On-site & Laboratory Testing: NATA-accredited, reliable, and quality drug & alcohol testing services, on-site where and when you need

Medvet can help you meet your Drug & Alcohol testing requirements under the Building Code.

Medvet is a Registered Training Organisation (40379) and NATA accredited (Section 2 AS 4760 & AS/NZS 4308 including Appendix A) drug and alcohol testing company using Australian Standard compliant urine and oral fluid drug test devices and assessed and certified Collectors nationally.

Contact Medvet for a Solution 1800 633 838 medvet.com.au

Quality CertifiedAU801-QC

ISO 9001:2008 Safety Certified

AU801-QC-SC

AS 4801:2001

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Drugs & Alcohol:Is your construction site at risk?Medvet can help you implement a complete drug and alcohol program incorporating:

• Policy Development: A clear, comprehensive, and enforceable policy to meet your obligations and the challenges of site safety

• Training & Education: Educating your workforce on the impacts and implications of unsafe drug & alcohol use on construction sites

• On-site & Laboratory Testing: NATA-accredited, reliable, and quality drug & alcohol testing services, on-site where and when you need

Medvet can help you meet your Drug & Alcohol testing requirements under the Building Code.

Medvet is a Registered Training Organisation (40379) and NATA accredited (Section 2 AS 4760 & AS/NZS 4308 including Appendix A) drug and alcohol testing company using Australian Standard compliant urine and oral fluid drug test devices and assessed and certified Collectors nationally.

Contact Medvet for a Solution 1800 633 838 medvet.com.au

Quality CertifiedAU801-QC

ISO 9001:2008 Safety Certified

AU801-QC-SC

AS 4801:2001

HUNTER REGION UPDATE

National Master Builders Award Winners 2015

Congratulations to our National Master Builders

Award Winners who were recently recognized at

the MBA National Awards at the Gold Coast.

Award winners from our Newcastle Building

Awards were judged against the winners from

eight other Master Builders Associations. In

addition to Jarrad Page, judged as National

Apprentice of the Year, other winners were

Stevens Constructions for National Commercial

Projects $5-$10 Million; Peter Doody

Constructions for National Project Homes under

$350,000 and McDonald Jones Homes for

National Display Homes $250,000 - $350,000.

We are all well aware of the quality of design, finish

and detail exhibited by our local building award

entrants but there is great satisfaction for our

members as a result of national recognition against

the very best in Australia.

Master Builders Apprentice of the Year

Local apprentice carpenter, Jarrad Page has

received the highest accolade by being awarded

the National Master Builders Apprentice of the

Year 2015. Jarrad is a proud member of the

North Construction & Building apprentice team

led by Apprentice Manager Grant Cameron and

the award is a worthy recognition of Jarrad’s

commitment and dedication to his trade.

Managing Director Tim Cornish is proud of North’s

apprentice employment history and training

program and confirmed the local construction

company, established in 1986, is now the largest

privately owned building contractor in the Central

Coast region with the intention to employ a further

five apprentices this year.

The award is a another highlight for North, having

recently achieved a National Top 100 ranking in

the respected construction research and reporting

group Cordell’s Top 100 Builders 2015 report.

North were also recent winners in the Newcastle

Master Builders Excellence in Building Awards for

Commercial Renovations over $2 million.

Newcastle Master Builders Race Day

Master Builders Association Annual Hunter

Division Race Day was an enjoyable and

successful event with 170 guests treated to Gary

Harley’s company in the main pavilion. It was

a major celebration for MBA’s Group Training

Scheme and the 80 host employers who provide

invaluable training and commitment to support

our local construction apprentices. The Group

Scheme now has in excess of 140 apprentices

throughout the Hunter Region.

A very big thank you for the support of our

sponsors for the race day - Nexus Law Group,

MBA Insurance Services, Kone, Hanson,

Mitsubishi Electric Air Conditioning, All Steel

Sheds, Master Builders Newcastle.

Len Blakeney

Hunter Area Manager

Stevens Construction (NSW)

The North team

The Newcastle Race Day

Peter Doody Constructions

McDonald Jones Homes

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CPD | Education | Training | InnovationPOINTSBUILD

SENATE INVESTIGATES FEASABILITY OF OPTIONS FOR PORTABLE LONG SERVICE LEAVE’

On 11 December 2015, Master Builders

lodged a submission in response to a Senate

inquiry on the feasibility of, and options for,

creating a national long service standard

(LSL), and the portability of long service and

other entitlements. This issue has previously

been addressed by Master Builders as

part of our submission to the Productivity

Commission (PC) in relation to its report into

the Workplace Relations Framework. In our

submissions to both the PC and the more

recent Senate inquiry, we argued that in the

event that a uniform model for LSL is drafted

or an amendment to the National Employment

Standards is proposed to include LSL

benefi ts, the building and construction industry

should be carved out of these amendments

given its unique characteristics.

The building and construction industry’s

complex and distinctive contracting

arrangements has led to the establishment

of our own State Territory based portable

LSL scheme that has already been in

place for decades. In our submission to

the Senate inquiry, we reiterated that any

proposal to transition to a single uniform

model would require extensive due diligence

with and across the existing State and

Territory schemes and should include the

grandfathering of existing entitlements under

a cost-effective, accountable and transparent

model of administration.

The Senate Education and Employee is due

to release its report on the matter by 25

February 2016.

MASTER BUILDERS SUBMISSION ON VITAL AMENDMENTS TO IR LEGISLATIONOn 22 December 2015, Master Builders lodged

a submission with the Senate Education and

Employment Legislation Committee (the Senate

Committee), following an inquiry referred to it

by the Senate into provisions of the Fair Work

Amendment (Remaining 2014 Measures) Bill

2015 (Remaining Measures Bill).

The Remaining Measures Bill contains

the following:

• Clarifi cation on the payment of untaken

leave on termination which under the

new provisions would only be payable

on termination if provided for under an

enterprise agreement

• An amendment that provides that,

subject to some exceptions, an

employee who is absent from work and

in receipt of worker’s compensation (WC)

payments, will not be able to accrue

annual leave while receiving WC.

• A range of measures providing for

increased fl exibility arrangements (IFAs)

such as clarifi cation that non-monetary

benefi ts may be taken into account when

determining whether an employee is

better off overall under an IFA

• Provisions that require an employee who

seeks to transfer to as associated entity

of their current employer are subject to

the terms and conditions of employment

of the new employer

• Amendments that restore some balance

to the Right of Entry provisions, for

example, providing new eligibility criteria

to determine when a permit holder

may enter premises for the purposes of

holding discussions with workers

• New processes in how the Fair

Work Commission deals with unfair

dismissal claims

Although largely supporting the changes

outlined in the Remaining Measures Bill, in

our submission to the Senate Committee

Master Builders stated that more industrial

relations reform is needed to bring balance

to the industrial relations system. We also

submitted that specifi c reforms for the

building and construction industry were vital

to restore the rule of law in our industry.

The Senate Committee is due to hand

down its report, following the inquiry into the

Remaining Measures Bill, by 4 February 2016.

FAIR WORK COMMISSION – REVIEW OF THE PERMISSION TO APPEAL PILOTThe Fair Work Commission has published an

internal Review of the Permission to Appeal Pilot.

The permission to appeal pilot was

established in December 2014 with a new

approach being adopted in the case of

appeals in unfair dismissal matters and a small

number of other appeal matters. The aim of

the pilot was to ensure that these matters

were dealt with more effi ciently and effectively.

The review shows a signifi cant improvement

in the time between the permission to appeal

hearing and the decision being handed down

under the pilot compared with the normal

appeals process.

In addition to the improvement in timeliness,

the pilot has reduced costs for parties and

provided effi ciencies for the Commission while

maintaining access to procedural fairness for

the parties involved in these proceedings.

Rebecca Sostarko, Lawyer,

[email protected]

PROPOSED AMENDMENTS TO MODEL WHS LEGISLATION AND MSD RESEARCHSafe Work Australia (SWA) is continuing to

consult with Master Builders on proposed

changes to the model Work Health and

Safety (WHS) Regulations. A summary of the

amendments are as follows:

• Reviewing the defi nition of ‘construction

work’ to clarify its application to fi xed plant

• Revision of the monetary threshold which

is to be applied to a ‘construction project’

• Reviewing the effectiveness and form of

Safe Work Method Statements (SWMS)

that are currently required for high risk

construction work

• Reviewing the requirements for general

construction induction training

SWA has advised that it will continue to

consult with Master Builders during the

Regulatory reform process.

In addition, Master Builders was also recently

consulted and provided comment on a

research scoping document that SWA has

commission on Musculoskeletal disorders

(MSDs). Although acknowledging the

importance of the research, in our feedback

to SWA we emphasised that it is crucial that

any research undertaken or commissioned

by SWA is subject to systematic review and

is treated with academic rigour.

The fi nding of SWA’s MSD report will be

circulated once it has been released.

Rebecca Sostarko, Lawyer,

[email protected]

WORKPLACE RELATIONS WORKPLACE RELATIONS WORKPLACE RELATIONS

WORK HEALTH AND SAFETY

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HOUSING

HOUSE PRICE FORECASTS Melbourne, Sydney and Brisbane should

see the strong house price growth over the

coming year. House prices in Melbourne are

predicted by SQM, a consultancy, to surge

by as much as 13% in 2016, after rising

nearly 12% in 2015, while in Sydney they are

expected to rise by 9% (compared to almost

13% last year). For Brisbane, the fi gures are

8%, and 4 % respectively. At the other end

of the house price spectrum, house prices

are forecast to fall by as much as 7% in Perth

and 6% in Darwin, following falls of around

4% in both cities last year.

AUCTION CLEARANCE RATESAuction clearance rates for residential

property fell to just 62% in the December

Quarter last year, their lowest level in almost

four years. The national average clearance

rate stood at 73.4% in the preceding

September Quarter of 2015. Melbourne had

the highest auction clearance rate (at nearly

68%), followed by Canberra (just over 61%),

and Sydney and Adelaide (both nearly 60%).

By contrast, the clearance rates were much

lower for Brisbane (46%), Hobart (37%) and

Perth (35%). Auction clearance rates are

widely regarded as being reliable leading

indicators of house prices.

DWELLING RENTSDwelling rental growth largely fl at-lined,

growing by just 0.3% across the major

capital cities, in 2015. The best performing

markets were Melbourne (where rents

rose by a meagre 2.2%) and Sydney and

Canberra (both up 1.9%), while in Brisbane

and Adelaide they fell by around 0.3%. By

contrast, rents went into reverse, falling

heavily in both Darwin (down more than 13%)

and Perth (down 8%) last year. The fi gures

come from CoreLogic, a consultancy.

FOREIGN INVESTMENTForeign investment in Australian residential

property is expected to weaken in early 2016.

A new survey by the ANZ Bank predicts

foreign investors will account for 21.9%

of housing demand in the March Quarter

this year, down from 22.4% a year ago. By

contrast, foreign investors are expected to

account for 19.7% of offi ce sales, up 11% on

a year earlier, and a similar proportion of retail

space sales, up more than 56%. Foreign

investors are also expected to expand their

footprint in the industrial and the tourism

construction area.

HOUSEHOLD MOBILITYMore than 40% of Australian households

moved home in the last fi ve years, according

to new fi gures from the Australian Bureau of

Statistics (ABS). And, much as would have

been expected, the likelihood of moving

home is linked to a person’s age. At the

younger end of the age spectrum, 82%

of people aged between 25 and 34 years

moved home at least once in the last fi ve

years, while for those in the 35 to 44 years

age cohort the fi gure was 56%.

By contrast, for people aged 65 years or

more the home relocation rate was just 14%.

South Australians appear to be least likely

to relocate home (68% staying in the same

home), while Queenslanders appear the most

likely to move (just 53% staying put).

ENGINEERING CONSTRUCTIONEngineering construction activity continues to

weaken, according to new fi gures from the

Australian Bureau of Statistics (ABS). Overall,

engineering construction fell by 8% in trend

terms in the year to the September Quarter

2015, largely refl ecting the sizeable fall in

private sector engineering work done (down

10%). By contrast, the value of public sector

engineering work done fell by a more modest

1.4% over the same period. The private

sector accounted for just over three quarters

(76%) of the value of engineering work done

in the September Quarter last year.

PUBLIC HOUSINGAustralia’s public housing stock has

contracted substantially over the past

decade. In 2004, there were some 345,335

dwellings in the public housing stock;

a decade later the fi gure was 323,803

dwellings, a fall of more than 6%. The

largest falls in the public housing stock were

experienced in Tasmania (down 28%), South

Australia (down 15.6%), and the Northern

Territory and New South Wales (both down

around 11%). By contrast, Western Australia

and Queensland increased their stocks of

public housing, by 6 and 5% respectively,

over the same period.

Brent Davis, National Director Industry Policy,

[email protected]

VET FEE-HELP UPDATEAs reported in an edition of CEO update

in 2015, the Australian Government is

reforming the VET FEE HELP scheme to

‘improve the quality and effectiveness of

the scheme and to better protect students

taking out a VET FEE HELP loan’.

The Higher Education Support Act 2003 (the

Act) was recently amended by the Higher

Education Support Amendment (VET FEE-

HELP Reform) Act 2015 and will enact new

measures from 1 January 2016 to further

strengthen the scheme. These changes aim

to control growth and lift the performance of

training providers ahead of a more fundamental

redesign of the scheme due in 2017.

In a radio interview Luke Hartsuyker, the

Minister for Vocational Education and Skills,

said the government was looking at curtailing

public funding for courses of “dubious value”.

“One of the things I will also be looking at

in going forward is whether the particular

courses that are being offered are

appropriate to be funded by the taxpayer, so

there will be a range of measures that will be

taken into account when we implement the

new system,” the Minister said.

These measures will be in addition to those

that came into effect on January 1.

TRAINING PACKAGE UPDATESOver the past six months, the Construction

and Property Services Industry Skills Council

(CPSISC) has undertaken a number of

Training Package re-design projects.

The primary objective of these projects

has been to align nominated CPP07 and

CPC08 qualifi cations and their native units

of competency to the latest Standards for

Training Packages. This body of work was

requested by the Department of Education

and Training which required CPSISC to

have this work completed with Cases for

Endorsement lodged with the Department by

30th November 2015.

Stakeholder feedback relating to proposed

signifi cant change, for example additional units

or qualifi cation restructure, has been captured

on the CPSISC Training Package Continuous

Improvement Register for future consideration

and redevelopment at a later stage.

HOUSING TRAINING

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Once endorsed, the qualifi cations listed

below will be included in their respective new

CPC Construction, Plumbing and Services

Training Package and the CPP Property

Services Training Package and available for

implementation in 2016. These include:

• CPC30516 Certifi cate III in Demolition

• CPC40116 Certifi cate IV in Demolition

• CPC50416 Diploma of Building Design

• CPP80116 Graduate Certifi cate in

Building Design

• CPP80216 Graduate Diploma in

Building Design

• CPP20216 Certifi cate II in

Waste Management

• CPP30616 Certifi cate III in

Waste Management

• CPP30616 Certifi cate IV in

Waste Management

• CPP50616 Diploma of

Waste Management

• CPP30516 Certifi cate III in

Swimming Pool and Spa Service


Swimming Pool and Spa Service


Home Sustainability Assessment


NatHERS Assessment

• CPP50516 Diploma of Residential

Building Energy Assessment


Access Consulting

• CPP80316 Graduate Diploma of

Access Consulting.

As part of the transition process of Training

Package work being managed by Industry Skills

Councils to the new Skills Service Organisations

(SSO) all training package documentation

including that for the above qualifi cations had to

be forwarded to the Department of Education

and Training by CPSISC.

A number of qualifi cations listed for Training

Package re-design, to align them to the

Standards for Training Packages, have

unfortunately not progressed to fi nal draft

stage due to the substantial changes to

the qualifi cation structure that would be

required to meet Standard 8 compliance. The

packaging of the units of competency listed

in these qualifi cations requires revision to

align the qualifi cation to its current Australian

Qualifi cation (AQF) level. These include:

• CPC30111 Certifi cate III in

Bricklaying/Blocklaying

• CPC31611 Certifi cate III in Paving

• CPC30313 Certifi cate III in Concreting

• CPC31712 Certifi cate III in Post-Tensioning

• CPC32313 Certifi cate III in Stonemasonry

(Monumental/Installation)

• CPP50716 Diploma of Access Consulting

It is expected that the uncompleted reviews

will be set to the new construction Skills

Service Organisation for review and fi nalisation

once announced by the Government.

Robert Wilson, National Director Workforce

Development Training

[email protected]

ABCB CONDENSATION SURVEYThe Australian Building Codes Board (ABCB)

are currently undertaking a scoping study

project on condensation in residential buildings.

A survey was released with the objective

of gathering evidence and feedback on the

extent of condensation problems and the likely

causes, as well as gaining an understanding

of industry’s capacity to manage condensation

risks in new residential buildings.

ABCB NON-CONFORMING PRODUCTS CONSULTATIVE COMMITTEEMaster Builders has continued its advocacy to

ensure that members concerns about Non-

Conforming Products and a potential mandatory

regulatory response are being heard.

In July 2015 the Building Minister’s Forum

asked the Australian Building Codes Board

(ABCB) to report in February 2016 on the

potential need for a mandatory reporting

scheme for high risk building products.

To inform its response to Building Ministers,

the ABCB established a Non-Conforming

Products (NCP) Consultative Committee

comprised of key industry stakeholders with

Master Builders prominent among them.

Master Builders ensured that the concerns

of builders have been heard among other

stakeholders such as engineers, building

surveyors and building products suppliers.

The Consultative Committee principally

considered and provided feedback to the

ABCB on:

• Potential options for a mandatory

building product certifi cation scheme.

• Assumptions for regulation

impact assessment.

• Proposals to address issues associated

with products being used in circumstances

for which they are not intended.

The ABCB will provide its formal response to

the Building Ministers Forum in mid-February

and Master Builders will inform members of

its recommendations immediately afterwards

POSSIBLE SUBMISSION TO STANDARDS AUSTRALIA TO REVIEW AS2047 – WINDOW RUBBER / STRIP SEAL ISSUEMaster Builders is investigating making an

application / change to AS2047.

Master Builders has become aware of reported

problems concerning the use of a commercial

window rubber strip/seal. The glazing channels

were aluminium vanguard extrusions.

The problem with the rubber window seals

is that over time (4-5 years) they shrink and

become brittle and easily removed by hand.

They lose their ability to seal resulting in water

egress and subsequent water damage.

After initial investigation, there is no Standard

or regulated requirement for seal/sealant

material in glazed systems but noting the

existence of testing and selection standards

that are performance based. The only

stipulated material requirements are if the

property falls into a bushfi re zone.

At this stage our advice to Master Builders

members is to be aware that currently there

is no performance standard for window seals

and that members should make their own

enquiries with suppliers as to suitability and

warranty terms.

Benjamin Moseley, National Director –

Building Regulations and Standards, ben.

[email protected]

TRAINING TRAINING

TECHNICAL

TECHNICAL

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Master Builders Association membership details required to redeem Gold Fleet Discounts.*Excluding Special Edition models.

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Our hardest working vehicles come at a great price for Master Builders Association members. Enjoy the same discounts as our Gold Fleet customers on the All-New HiLux range, as well as all other Toyota models* and save thousands.

To fi nd your local Fleet Specialist Dealer, call 1800 444 847.

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®

Special deals on All-New HiLux.

toyota.com.au/fleet

Master Builders Association membership details required to redeem Gold Fleet Discounts.*Excluding Special Edition models.

Exclusive Gold Fleet Discounts available on the Toyota HiLux range.

Our hardest working vehicles come at a great price for Master Builders Association members. Enjoy the same discounts as our Gold Fleet customers on the All-New HiLux range, as well as all other Toyota models* and save thousands.

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2015 METAL ROOFING AND CLADDING ASSOCIATION AWARDS OF EXCELLENCEThe Metal Roofing and Cladding Association of Australia (MRCAA) conducted its Annual Awards of Excellence on Friday 20 November at the Four Seasons Hotel. The MRCAA received some 98 entries over 16 categories.

The Apprentice of the Year was Curtis Beetham from Gymea TAFE. Curtis received stage 1 and 2 excellence in roofing awards from Gymea TAFE.

The Master of Ceremonies this year was Marty Fields with the music for the evening supplied by Venus Music.

The MRCAA’s Gold Award for Excellence - Rex Blackwell Award was awarded to Spackman and Kentwell Roofing.

The MRCAA would like to thank the sponsors for their support throughout the year and especially for the evening who, without their support the event would not be possible.

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THE REX BLACKWELL AWARD – MRCAA GOLD AWARD Awarded to the entrant who the judges consider exemplifies the high consistent standard in their entry / entries.

SPACKMAN AND KENTWELL ROOFING SPONSOR: COLORBOND

OVERALL WINNER

At Spackman & Kentwell Roofing we specialize in roofing installation, repairs and supplying of roofing materials. Along with our experience, business backing and knowledge to quote and complete any size roofing or wall cladding project we also offer a 24 hour emergency service. Consultation with design of roof sheet profile, rainwater goods, roof access and safety systems are also our specialty.

Director: Richard KentwellEmail: [email protected]: Luke Vane-TempestEmail: [email protected]

Office Ph: (02) 42763677Email: [email protected]

THE SPACKMAN AND KENTWELL TEAM RECEIVING THEIR OVERALL WINNER AWARD

THE MRCAA NIGHT 2015

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WINNER

SINGLE RESIDENTIAL BUILDINGNew structure

METAL MASTERS HOME IMPROVEMENTSPROJECT: 3 HILTON PLACE – KENTHURSTSPONSOR: COLORBOND

SINGLE RESIDENTIAL BUILDING REFURBISHMENTRe-roofing or re-cladding of an existing structure

IDEAL METAL ROOFINGPROJECT: 15 KENNEDY GROVE – APPINSPONSOR: STRAMIT

WINNER

WINNER

MULTIPLE RESIDENTIAL BUILDING Villas, home units – new structure

SPACKMAN AND KENTWELL ROOFINGPROJECT: DUNLEA CENTRE – ENGADINESPONSOR: FLETCHER INSTITUTION

MULTIPLE RESIDENTIAL BUILDING – REFURBISHMENT Villas, home units, re-roofing or re-cladding of an existing structure

RED 8 ROOFINGPROJECT: ONE DARLING HARBOURSPONSOR: AMPELITE

WINNER

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WINNER

HERITAGEActual heritage work and / or utilising new materials to give a heritage effect

IDEAL METAL ROOFING PROJECT: HYDRO MAJESTIC – MEDLOW BATHSPONSOR: METROLL

COMMERCIAL / INDUSTRIAL ROOFING AND / OR CLADDING New structure

AXIS METAL ROOFINGPROJECT: BEGA HOSPITAL REDEVELOPMENTSPONSOR: LYSAGHT

WINNER

WINNER

COMMERCIAL / INDUSTRIAL REFURBISHMENTRe-roofing or re-cladding of an existing structure

AXIS METAL ROOFINGPROJECT: INGLEBURN STATIONSPONSOR: KINGSPAN INSULATED PANELS

SPECIALIST WORKS PROJECT UNDER $300,000 ROOF COSTRoofing and / or roof plumbing that does not form part of the above and is specialised in design and workmanship

STERLAND ROOFINGPROJECT: 19 PIBRAC STREET – WARRAWEESPONSOR: JARDINE LLOYD THOMPSON

WINNER

An established family business since 1982,

Winners of the 2015 Metal Roofing & Cladding Association Awards for Excellence in:• Commercial Industrial Roofing &/Or Cladding New Structure• Commercial Industrial Refurbishment• Safety as awarded by a Principal Contractor

www.AxisMetalRoofing.com.au

Specialising in the supply & installation of:

Bega Valley Hospital

Lane Cove CouncilMarsden ParkYenorra Fire Station

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An established family business since 1982,Axis Metal Roofing is one of Australia’s leading Metal Roofing & Specialist Cladding Contractors operating nationally with offices in New South Wales and South Australia.

Winners of the 2015 Metal Roofing & Cladding Association Awards for Excellence in:• Commercial Industrial Roofing &/Or Cladding New Structure• Commercial Industrial Refurbishment• Safety as awarded by a Principal Contractor

02 9756 1477 www.AxisMetalRoofing.com.au

Specialising in the supply & installation of:• Colorbond Roofing & Wall Cladding• Insulated Roof & Wall Panelling• Specialised Metal Roofing &

Façade Cladding• Skylights & Ventilation Products • Roof Safety Systems• Acoustic & Thermal Insulations

Bega Valley Hospital

Lane Cove CouncilMarsden ParkYenorra Fire Station

WINNER

SPECIALIST WORKS PROJECT OVER $300,000 ROOF COSTRoofing and / or roof plumbing that does not form part of the above and is specialised in design and workmanship

IDEAL METAL ROOFINGPROJECT: SYDNEY BOATHOUSE – ROZELLESPONSOR: BRADFORD

FAÇADEA project that can demonstrate work undertaken is an outstanding installation

LANGTON ROOFING & CONSTRUCTIONSPROJECT: MACKAY BASE HOSPITALSPONSOR: FIELDERS

WINNER

02 9525 2066www.idealroofing.com.au

9 repairs 9 asbestos removal 9 new roofs 9 polycarbonate sheeting 9 re-roofing

9 flashing & fascias 9 skylights 9 guttering & downpipes 9 gutter cleaning 9 wall cladding

Services:

FREE QUOTES PROMPT SERVICE ALL WORK GUARANTEED

SHAPING AUSTRALIA

IN STEEL

BLUESCOPE PROUDLY SPONSORS THE METAL ROOFING AND CLADDING ASSOCIATION OF AUSTRALIA.

WE SALUTE THE PROFESSIONALS WHOSE

COMMITMENT TO, AND VISION FOR STEEL, HELP BUILD OUR

COMMUNITIES AND ADD TO THE GREAT AUSTRALIAN

LANDSCAPE.

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COLORBOND®, BlueScope and the BlueScope brand mark are registered trade marks of BlueScope Steel Limited. © 2015 BlueScope Steel Limited ABN 16 000 011 058. All rights reserved. MRCI33147

FOR INFORMATION AND SUPPORT CALL

1800 064 384FOR MORE INSPIRING DESIGNS, VISIT

STEEL.COM.AU

SHAPING AUSTRALIA

IN STEEL

BLUESCOPE PROUDLY SPONSORS THE METAL ROOFING AND CLADDING ASSOCIATION OF AUSTRALIA.

WE SALUTE THE PROFESSIONALS WHOSE

COMMITMENT TO, AND VISION FOR STEEL, HELP BUILD OUR

COMMUNITIES AND ADD TO THE GREAT AUSTRALIAN

LANDSCAPE.

WINNER

WALL CLADDINGA wall cladding that is specialised in installation

ROOF TEK ROOFINGPROJECT: RFS NSW – MENAISPONSOR: ATF SERVICES

SAFETY AWARDAs nominated by the Principal / Client of the Contractor for a Project

AXIS METAL ROOFINGPROJECT: MUR – SME PROJECT – MOOREBANKSPONSOR: COATES HIRE

WINNER

WINNER

THE USE OF UNIQUE METAL IN THE INSTALLATION OF ROOFING AND CLADDING A project that utilises unique materials such as copper, zinc or metals other than galvanised steel, zincalume and colour coated steel

STERLAND ROOFINGPROJECT: 52 WOLSELEY ROAD – POINT PIPERSPONSOR: PRESTIGE ROOFING & CLADDING SUPPLIES

CURVED ROOF INSTALLATIONA unique roof design where the use of curved sheeting is utilised

RED 8 ROOFINGPROJECT: WESTFIELD CHATSWOODSPONSOR: BIRD PREVENTION SPECIALISTS

WINNER

K2 Solar Australia designs, builds and installs Commercial Solar Energy Systems for businesses throughout Australia. We can

provide both traditional crystalline silicon solar panels and the latest flexible thin film PV systems for almost any application.

K2 SOLAR PROVIDES THE FOLLOWING SERVICES FOR OUR CUSTOMERS:

Engineering and design of a solar PV system Turnkey installation of the solar system (and roofing if required)

System testing/start-up & customer training/educationWeather station and live online monitory systems

Telephone: 02 9525 2648Fax: 02 9531 2885Head Office:5 / 12 – 16 Mangrove LaneTaren Point NSW 2229

Postal Address:PO Box 2861Taren Point NSW 2229

Colorbond Metal RoofingKingspan Metecno & Ritek Insulated PanelsTPO and PVC Built Up & Panel SystemsAramax Roofing | Guttering | Down Pipes Flashings | SkylightsSpecialised Materials – Alloys, Zinc, Copper and Stainless SteelWall Cladding and Facades | Acoustic InsulationThermal Insulation | Turbo Roof Ventilators

www.red8roofing.com.au

Telephone: 1800 429 110Fax 02 9531 2885For tenders or quotes:[email protected] general enquiries:[email protected]

Head Office:5 / 12 – 16 Mangrove LaneTaren Point NSW 2229Postal Address:PO Box 2861, Taren Point NSW 2229

Multi-award winner of the Metal Roofing and Cladding Association of Australia’s “Excellence in

Roofing Awards Australia” for 9 years running

Commercial and Industrial METAL ROOFING and CLADDING

We supply and fit a wide range of metal roofing in the latest trends, styles and colours. Our services cover many applications including:

Red 8 Roofing

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K2 Solar Australia designs, builds and installs Commercial Solar Energy Systems for businesses throughout Australia. We can

provide both traditional crystalline silicon solar panels and the latest flexible thin film PV systems for almost any application.

K2 SOLAR PROVIDES THE FOLLOWING SERVICES FOR OUR CUSTOMERS:

Engineering and design of a solar PV system Turnkey installation of the solar system (and roofing if required)

System testing/start-up & customer training/educationWeather station and live online monitory systems

Telephone: 02 9525 2648Fax: 02 9531 2885Head Office:5 / 12 – 16 Mangrove LaneTaren Point NSW 2229

Postal Address:PO Box 2861Taren Point NSW 2229

Colorbond Metal RoofingKingspan Metecno & Ritek Insulated PanelsTPO and PVC Built Up & Panel SystemsAramax Roofing | Guttering | Down Pipes Flashings | SkylightsSpecialised Materials – Alloys, Zinc, Copper and Stainless SteelWall Cladding and Facades | Acoustic InsulationThermal Insulation | Turbo Roof Ventilators

www.red8roofing.com.au

Telephone: 1800 429 110Fax 02 9531 2885For tenders or quotes:[email protected] general enquiries:[email protected]

Head Office:5 / 12 – 16 Mangrove LaneTaren Point NSW 2229Postal Address:PO Box 2861, Taren Point NSW 2229

Multi-award winner of the Metal Roofing and Cladding Association of Australia’s “Excellence in

Roofing Awards Australia” for 9 years running

Commercial and Industrial METAL ROOFING and CLADDING

We supply and fit a wide range of metal roofing in the latest trends, styles and colours. Our services cover many applications including:

Red 8 Roofing is one of the largest and most highly regarded metal roofing companies in NSW servicing the Sydney Metropolitan area, Central West Region, Newcastle, Hunter, ACT and Queensland

APPRENTICE OF THE YEAR AWARDMost improved and excellence in quality of workmanship

CURTIS BEETHAM – GYMEA TAFESPONSOR: MASTER BUILDERS ASSOCIATION OF NSW

WINNER

Fortnightly pump and Clean as

standard

When you’re working on-site, a little bit of

comfort can go a long way.Choose a Viking Rentals

hire toilet and you’ll enjoy a few wee extras, like hand

soap, softer paper and ultra-hygienic surrounds.

It’s a little way we’re making every building site

a little more dignified.

mention this ad for Free delivery and 15% off your next toilet hire*

order now at www.vikingrentals.com.au

or call 1300 069 863

ENJOY A WEE BIT FANCIER

DUNNIES WITH DIGNITY

www.vikingrentals.com.auor call 1300 069 863

* Terms and conditions apply

www.masterbuilders.com.au

Retail & wholesale tradeTransport buildings

Offices

Other commercial

Factories

Warehouses

Agriculture and aquaculture

Other industrial

EducationReligion

Aged care facilities

Health facilities (non-aged care)

Entertainment & Recreation

AccommodationOther non-residential

Non-Residential Building Work Done 2014-15

Updated forecasts ... out now!

Help us help you ... be part of our national survey...

Our economic team is working for you ... make the most of it.

THE WINNERS SHOWING OFF THEIR AWARDS AND CELEBRATING THEIR SUCCESS


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Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a Collaboration with Macromonitor has enabled Master Builders Australia to develop a 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The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s 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The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s 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The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s The complete set of forecasts provides a comprehensive insight nationally into Australia’s building and construction industry out to 2018-19. building and construction industry out to 2018-19. building and construction industry out to 2018-19. building and construction 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Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-Individual modules will suit businesses interested in specific state residential, non-residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). residential or commercial sectors. Modules are available for $50 each (including GST). The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 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modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 The complete set is made up of all 41 modules and is substantially discounted at $1300 (including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).(including GST).

Peter Jones, Chief Economist, Peter Jones, Chief Economist, Peter Jones, Chief Economist, Peter Jones, Chief Economist, Peter Jones, Chief Economist, Peter Jones, Chief Economist, Peter Jones, Chief Economist, Peter Jones, Chief Economist, Master Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders AustraliaMaster Builders Australia

Retail & wholesale tradeTransport buildings

Offices

Other commercial

Factories

Warehouses

Agriculture and aquaculture

Other industrial

EducationReligion

Aged care facilities

Health facilities (non-aged care)

Entertainment & Recreation

AccommodationOther non-residential

Non-Residential Building Work Done 2014-15

Updated forecasts ... out now!

Help us help you ... be part of our national survey...

Our economic team is working for you ... make the most of it.

Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email Each quarter your Master Builders Association will email you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The you a link to an online survey canvassing your views. The information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable information gathered from the survey provides a valuable tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the tool to members for business planning as well as raising the profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers. profile of our industry with important decision makers.

Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please Next time you receive an email about the survey, please take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is take a few minutes to complete It. Your contribution is valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.valuable and would be appreciated.

National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly National Survey of Building and Construction quarterly reports are downloadable free from our website.

Exhibition Booths are being finalised at present, confirm your space before it’s too late!

Organised by:

SOME OF OUR supporting PARTNERS INCLUDE

A key format of the event will be the business matchmaking service for all attending. A series of high level networking functions and meetings are to be run in conjunction with the exhibition and conference , these include:

If your company nature fits the above categories and would like to be upgraded to VIP visitor passes, please contact [email protected]

SOME OF OUR Top-level speakers representing from

Meet the right people

For more information please contact: Email [email protected] | Phone +61 (02) 8006 7557

The Construction EXPO for Sydney

The Building Capital of Australia

MARCH 10th - 11th, 2016w w w.sydneybui ldexpo.com

Taking place at

THOUSANDsof Quality Attendees

120+Exhibitors

Featuring:

FREECPD accredited Conference & Workshops

Master Builder Association of N.S.W is supporting and accrediting our workshops and conferences. Earn CPD points!

ARCHITECTS 1 ARCHITECTS 2 DevelopersResidential

ContractorsGovernment &Developers

Commercial & Infrastructure

FREE TO ATTEND

REGISTER NOW!Coming very soon in MARCH

EXCELLENCE IN BRICK AND BLOCK AWARDS 2015The Masonry Contractors’ Association of NSW & ACT conducted its Annual Awards for Brick and Blocklaying Excellence on Friday 6 November. The work of the 43 entries from both NSW and ACT were submitted over 6 categories.

The event was held at Doltone House, Jones Bay Wharf with over 280 members, sponsors and guests in attendance. The host for the evening was none other than comedian Marty Fields.

Apprentices honoured on the evening for their achievements were Adrian Dudas – Illawarra TAFE, Robert Lisboa – Miller TAFE, James Wilcock – Granville TAFE, Max Zaboyak – Newcastle TAFE, Arop Akok – Trade Staff Apprentice. Once again Sam Spong brought home another medal from the World Skills.

This year marked the occasion of 42 years service to the industry by Peter (Pietro) Favetti. Peter came out of retirement in 2013 to assist in the supervision of the Dr Chau Chak Wing Building at the UTS.

The judges remarked on the high standard of the work that was evident over the 43 entries.

The MCA would like to thank the ABBTF for Platinum Sponsorship as well as all the sponsors throughout the year and especially for the evening who, without their support the event would not be possible.

SPECIALMBA NSW MEMBER

OFFER!

5-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 via a membership letter or membership card. Only at participating Isuzu UTE Dealers until 30/06/2016, unless extended, varied or while stocks last. ABN holders only. Excludes government, fleet, rental, non-profit and demonstrator vehicle buyers. Not available with any other offers. >The Capped Price Servicing Program applies to eligible Isuzu UTE vehicles with a warranty start date after 1 January 2015. The program covers the first 6 scheduled services in line with the scheduled service intervals. Program price subject to change. For full terms & conditions and current pricing go to isuzuute.com.au/service-plus. ^5 years or 130,000km whichever occurs first, for eligible customers; excludes accessories and trays.

GET NATIONAL FLEET PRICING* ACROSS THE ENTIRE ISUZU D-MAX AND MU-X RANGE!

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SPECIALSPECIALMBA NSW MEMBER

OFFER!

5-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 via a membership letter or membership card. Only at participating Isuzu UTE Dealers until 30/06/2016, unless extended, varied or while stocks last. ABN holders only. Excludes government, fleet, rental, non-profit and demonstrator vehicle buyers. Not available with any other offers. >The Capped Price Servicing Program applies to eligible Isuzu UTE vehicles with a warranty start date after 1 January 2015. The program covers the first 6 scheduled services in line with the scheduled service intervals. Program price subject to change. For full terms & conditions and current pricing go to isuzuute.com.au/service-plus. ^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* ACROSS THE ENTIRE ISUZU D-MAX AND MU-X RANGE!

ISUZUUTE.COM.AU

OVERALL WINNER 2015

CATEGORY 3 – BRICK COMMERCIALDR CHAU CHAK WING – UTSCONTRACTOR: Peter Favetti & SonsBUILDER: Bovis Lend LeaseBRICK SUPPLIER: Austral Bricks

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WINNER

MERIT WINNER

CATEGORY 3 – BRICK COMMERCIAL HORNSBY HOSPITALCONTRACTOR: Conrina ConstructionsBUILDER: Richard Crookes ConstructionsBRICK SUPPLIER: Austral Bricks

CATEGORY 2 – BRICKWORK MEDIUM DENSITYGEORGE & ALLEN APARTMENTSCONTRACTOR: DJD Brick & BlocklayingBUILDER: Built QldBRICK SUPPLIER: Austral Bricks

CATEGORY 1 – BRICKWORK SINGLE DWELLINGRESIDENCE HARRINGTON PARKCONTRACTOR: Brickmen ConstructionsBRICK SUPPLIER: Austral Bricks

CATEGORY 4 – BLOCKWORK – RESIDENTIALPOTTS POINT RESIDENCECONTRACTOR: Brickmen ConstructionsBUILDER: Richard Crookes ConstructionsBLOCK SUPPLIER: Austral Masonry

OVERALL MERIT AWARD WINNER

AWARD WINNER

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WINNER

CATEGORY 4 – BLOCKWORK – RESIDENTIALPALING COURTCONTRACTOR: J R BricklayingBUILDER: Grindley ConstructionsBLOCK SUPPLIER: Austral Masonry

CATEGORY 6 – ORNAMENTAL BRICKWORKOUR LADY OF THE SACRED HEART RANDWICKCONTRACTOR: Michael LaytonBUILDER: Morabito ConstructionsBRICK SUPPLIER: Austral Bricks

CATEGORY 5 – BLOCKWORK – COMMERCIALTHE MACQUARIE CENTRECONTRACTOR: Fugen Holdings (Australia)BUILDER: Scentre Design & ConstructionBLOCK SUPPLIER: Austral Masonry

WINNER

WINNER

THE WINNERS PRESENTING THEIR AWARDS


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LEG-UP TO EMPLOYMENT KIT FOR EMPLOYERSIn April 2014, the Master Builders Association

of New South Wales (Master Builders NSW)

and the NSW State Government signed an

Industry Based Agreement to work together to

create sustainable economic development and

employment opportunities for Aboriginal people

in the Building and Construction Industry.

One of the first actions was the

development of the “Leg-Up To Employment

Kit” targeted at the Aboriginal community.

The Kit will assist Aboriginal people who

want to work in construction by providing

information on national employment

standards, work conditions, work

experience and staying in employment.

Due to its success, Master Builders NSW

is pleased to announce the development of

the “Leg-Up To Employment Kit” targeted at

employers. The kit will assist employers who

are employing or intend to engage employees

from the Aboriginal community.

Ten factsheets have been developed that will

assist employers by providing information

on National Employment Standards,

managing performance, mentoring Aboriginal

apprentices and trainees and developing

good workplace policies.

Factsheets cover: -

1. Employer Checklist

2. What Employers Need To Know

3. Illegal Pay Deductions

4. Minimum Wages

5. Leave Entitlements

6. Payslips and Records

7. Managing Performance

8. Enterprise Agreements

9. Developing Good Workplace Policies

10. Mentoring Aboriginal Apprentices

and Trainees

The above factsheets are available as PDF fi les

for download http://www.mbansw.asn.au/

Services/Aboriginal-Participation/LEG-UP-

TO-EMPLOYMENT-KIT-FOR-EMPLOYERS/

These achievements are just the start of the

work under the Action Plan and represent

the commitment that the NSW State

Government, Master Builders NSW and the

Building and Construction Industry have

to supporting Aboriginal employment and

enterprise development.

Omesh Jethwani

Government Projects & Programs Manager

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OCHRE is the NSW Government’s plan for Aboriginal affairs. It stands for Opportunity, Choice, Healing, Responsibility, Empowerment and is symbolic of Aboriginal communities’ deep connection with Country.

OPPORTUNITY HUBS

The plan is a Government commitment to

developing a genuine partnership with Aboriginal

communities through a number of key initiatives

including Opportunity Hubs, Connected

Communities, Language and Culture Nests and

Local Decision Making models.

What Are Opportunity Hubs?

Opportunity Hubs aim to provide Aboriginal

young people with the confi dence and

knowledge to follow a supported pathway

between secondary school and further

education and/or employment, by:

• partnering schools with local employers

and training providers;

• coordinating local opportunities including

employment, mentoring, scholarships,

internships and volunteer work;

• matching local opportunities to Aboriginal

students’ career aspirations that lead to jobs;

• mentoring and supporting Aboriginal

students each step of the way;

• engaging Aboriginal students and their

families early on at school; and

• tracking Aboriginal students’ progress

including once they have transitioned

to employment.

Why Opportunity Hubs?

Opportunity Hubs respond to feedback from

Aboriginal communities emphasising the need

for supported pathways to assist Aboriginal

young people in the transition from school into

tertiary education, training and/or employment.

Community Consultation

As part of the Ministerial Taskforce on

Aboriginal Affairs consultations, the

Opportunity Hub concept was specifi cally

tested. The consultations found that:

• There was strong support for the Hub

among survey respondents and in the

community forums.

• Employment, including where possible

sustainable jobs within local communities,

was seen by Aboriginal people as

fundamental to overcoming chronic

disadvantage and improving the lives of young

people. Survey participants strongly believed

that getting Aboriginal people into jobs was

the best way for them to take control of the

futures and being employed increased young

Aboriginal people’s wellbeing.

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• It was repeatedly identifi ed by forum

participants that the Hub should be

integrated into other programs and aim to

build Aboriginal students cultural pride and

self-respect.

• Of the survey participants close to 97 per

cent (96.9%) supported the Hub initiative

– 79.7 per cent thought that the Hub was

a really good idea and a further 17.2 per

cent thought it was worth a go.

Elements seen as essential for the development

of Hubs were:

• Flexibility and designed in partnership with

the local Aboriginal community;

• Operated and implemented as much as

possible by the local Aboriginal community;

• Continued and sustained government

funding;

• Involvement of local employers;

• Respect and understanding of Aboriginal

young people;

• The role of the family and need to

overcome issues at home; and

• Mentoring, including encouraging and

paying successful Aboriginal people in

local communities.

Criteria for the establishment of Hubs

As part of the Hub consultations the

following criteria for the identifi cation of

locations was developed:

• strong Aboriginal leadership;

• signifi cant or growing proportion of

Aboriginal students in school populations;

• real and sustainable employment opportunities;

• real opportunities for NGO and business

sector buy-in;

• available career champions and mentors; and

• VET or tertiary education providers.

A number of regions were measured against

this criteria and it was recommended that Hubs

in the Upper Hunter, Campbelltown, Dubbo

and Tamworth would have a good chance of

success as trial sites because of their local

employment prospects, the strength of local

Aboriginal community engagement, signifi cant

populations of young Aboriginal people and

schooling and tertiary education options.

Community members that participated in

consultations in all four locations welcomed the

implementation of the Hubs.

How are Opportunity Hubs different to

existing services?

Opportunity Hubs are networks which will

facilitate local management strategies to

develop personalised transition planning from

school into tertiary education, training and/

or employment for Aboriginal young people

through the use of existing services.

What is the role of the Service Provider?

The coordination of services for each Opportunity

Hub will be contracted to a non-government

organisation with strong links to Aboriginal

community organisations, local businesses, regional

industries and services for young people at-risk.

The organisation or service provider will be

responsible for coordinating and brokering

support for Aboriginal young people from the

community, business and other programs

operating in the service area and as required

delivering services directly to students.

The Service Provider will be responsible for:

• building career aspirations and strengthening

understandings of career pathways for

Aboriginal students in Years 5 to 8;

• working with schools to deliver

personalised career and transition planning

for Aboriginal students in Years 9 to 12;

• engaging the local Aboriginal community

and parents in support of the work of

Opportunity Hub;

• linking key local education and training

providers and youth services into the Hub

and coordinating student pathways in

accord with their career plans;

• engaging local employers and industry to

work with the Hub to assist the delivery

of industry grounded career advice, work

experience and employment opportunities;

• delivering personalised support services for

students at serious risk of disengagement

from education and training; and

• arranging wrap-around support from relevant

agencies and the community as required

The Opportunity Hub factsheet is available

as PDF fi le for download

http://www.aboriginalaffairs.nsw.gov.au/

opportunity-hubs/

Reproduced with the permission of Aboriginal

Affairs NSW.

Resources and Contacts:Upper Hunter Opportunity Hub

Aboriginal Employment Service

Leanne Ellis, T: 0417 037 481

[email protected]

Dubbo Opportunity Hub

TAFE Western Institute, Dubbo College

Jamie Sampson, T: (02) 6883 3699

[email protected]

Tamworth Opportunity Hub

Tamworth Local Aboriginal Land Council

Fiona Snape, T: (02) 6766 9028

fi [email protected]

Campbelltown Opportunity Hub

MTC Australia

Martin Keil, T: 1300 232 663 or 0425 301 437;

[email protected]

Aboriginal Communities please contact:

Aboriginal Affairs

Lou Anne Lind, T: (02) 9219 0740,

[email protected]

Schools please contact:

Public Schools NSW

Sharon Ford, T: (02) 9266 8916

[email protected]

Catholic Education Commission NSW

Gerard Delany, T: (02) 9287 1549

[email protected]

Association of Independent Schools NSW

Veronica Niessen, T: (02) 9299 2845

[email protected]

Tertiary Education Providers please contact:

Offi ce of Education State Training Services

David Michaels, T: (02) 9244 5010

[email protected]

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Our Illawarra Group

MASTER BUILDERS PRE APPRENTICESHIP PROGRAM – A SUCCESS STORYThe Master Builders Pre Apprenticeship Program is growing in momentum and industry support, and the participants are loving it!

As I’m writing this, we have nearly sixty young

participants across three classes working and

learning how to be the best 1st year carpentry

apprentices in the industry.

We have two classes running in Sydney

and one in the Illawarra area. Check out

our Facebook page for regular updates

and photos – Facebook / Master Builders

Apprenticeship Services.

Master Builders took on the challenging task

of having three classes running at once due to

the enormous amount of interest in this course

by young people and their parents alike. The

groundswell of interest began when the news

started to travel through our school contacts

and Members that Master Builders were

running a Pre Apprenticeship Program unlike

any other program out there.

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The Sydney Group working hard.

Why is this program so different?

We are taking a different approach – teach the

young person to be an apprentice, not just

how to swing a hammer!

What this means is that we teach them how to

handle themselves during their apprenticeship

through training in manual handling, confl ict

resolution, fi rst aid, working safely at heights,

communication and money management.

The participants hear from industry leaders

and local builders to understand their journey

from apprentice to chippy and beyond – one

of these builders explains that ‘labouring’ is

part of the building process, if you don’t want

to dig trenches, haul timber and clean up the

site, perhaps the building industry isn’t really

for you.

The participants do get to swing hammers as

well – they are measuring and cutting timber

within the fi rst week, building and standing

wall frames, making outdoor furniture and

sawhorses, and hanging doors throughout the

fi ve week intensive program.

It’s important to know that not every applicant

gets a position in this course. You have

to apply and be selected. This is because

we want to take into the course only those

applicants who want to be part of this industry.

Master Builders aren’t looking to put ‘bums

on seats’ with this course, we want keen and

eager young men and women who truly believe

the trade of carpentry is their calling.

Not everyone who starts the course will fi nish

the course either. We have had some of our

participants decide that although they thought

this was their dream job, now that they have

seen and heard what is really involved, they

want to do something different.

We see this as a success! For every young person

that makes this decision, there is time and money

not wasted on starting their apprenticeship only to

drop out not too long into it.

On a couple of occasions, we have had to ask

a participant to leave. This is not done lightly

but it is done for the right reasons. A person

who is disruptive, rude, unsafe or just doesn’t

want to be part of this course will be asked

not to return to class. This is for the benefi t of

everyone involved, including them.

WANT TO BE INVOLVED?

There’s a few ways MBA Members can get

involved in this program:

1. Come along and share your story – In

the “My Career So Far” section, we want

builders, project managers, Construction

Managers, Foreman, Supervisors and

Chippies to come along and talk about

their career. How and why you became

an apprentice, what it was like, how much

you got paid, and how you got to where

you are now

2. Open your Job Site – let us bring our Pre

Apprentices onto your site, at a pre-

arranged time and day, to see what a ‘real

job site’ looks like, explain the project and

talk about the build

3. Take on a 1st Year Apprentice – Through

Master Builders Apprenticeship Services,

you can take on one of these young

apprentices. We have a reduced hourly

rate for the fi rst 2 weeks, and you get

to come along, have lunch and speed

interview a number of apprentices and

select the one you want

If any of the above sound like something

you’d be interested in doing, give us a call

to discuss it on 02 8586 3533

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In December last year, the NSW Government

released a discussion paper on Home Warranty

Insurance. The discussion paper seeks industry

input on how a future model could work. Following

is a briefing note Master Builders put together

to provoke thoughts from the building industry.

The feedback will be used to help provide an

appropriate response to the Government.

What is home warranty insurance?

Warranty premiums are paid in one installment

at commencement of cover. In insurance lingo

this is called “long tail” insurance. In NSW a

home warranty insurance policy has a six year

life for one premium payment and claims can

take several months or even years after the

expiry of the policy before they are reported.

In the majority of cases the cost of the insurance

is passed onto the consumer through the

preliminary costs in a builder’s contract.

The triggers for a home warranty policy in NSW

include the death of the builder, the builder

disappearing or being insolvent. Since 19 May

2009, a fourth trigger was added where the

builder’s license is suspended for failure to

comply with an order of a Court or the NSW

Civil and Administrative Tribunal.

In NSW a feature of the policy is non-structural

defects carrying a two year reporting period. Also,

in NSW the maximum sum insured is $340,000.

See Appendix 1 for a brief history of Home

Warranty Insurance in NSW. See Appendix 2 for

a comparison table of home warranty policies

that apply in respective Australian states.

Inequalities of the current system

In NSW the three principal stakeholders have

valid concerns related to the cost of the

product, the ease of access to the product and

the cover provided by the product.

The principal stakeholders include;

• Government as the Underwriter

• Builder and Contractors

• Consumers

Government/Underwriters Issues

1. Financial and the long tail liability

In general terms, the greatest claims risk in

the first two years of a policy is project non-

completion. After year three of the policy,

life defects claims start to appear. The more

complex and costly structural defects take at

least six years before there is a claim.

As stated previously, one premium instalment

is paid at the start of the policy and this must

compensate for claims over at least six years.

In the 2013 / 2014 financial year, the NSW

home warranty scheme collected $54.3 million

in premium (excluding charges) for projects

commenced in that year. A conservative

estimate of the cost of claims paid for the

same projects in 2013 / 2014 is $12.25 million.

The claims experience of the NSW home

warranty system is the first year’s claims

expense is typical of the six years of the

insurance tail. Therefore, at the end of six years

(years 2020 / 2021) the payout on policies

written in 2013 / 2014 would be in excess of

$73.5 million against total premiums collected

of $54.36 million.

An additional factor that compounds the

adverse financial outcomes is the reporting

period allowed under the scheme may extend

the tail to around eight years and the extended

period has been supported by court decisions.

2. Risk management for home warranty.

Management of risk is part of an underwriter’s

toolkit for managing the performance of a product.

Home warranty risk management comes in

several forms traditionally in NSW most of

which are outside a general insurer’s control

or influence as they sit within the State

Governments building regulatory framework.

Risk management tools include:

• standardised documentation (such as

contracts and specification documents)

• financial requirements for building licensees

• penalties for non-compliance with

official directions

• education for building licensees in

both technical skills and business

management skills

• education for consumers entering the

building process,

• the building certification process

• regulated premium charges and policy terms

• ability to improve building standards to

reduce recurring defects.

All of these issues have a direct impact on

the ability for a home warranty product to

perform well.

The HBCF is concerned about a correlation

between protracted job time and insolvency

and recently introduce ‘open job’ and ‘job

duration’ procedures that reward builders

completing jobs expeditiously.

3. Cost to administer

In NSW the warranty underwriter i.e. the

Government has had to develop and maintain

a complex pre-qualification system to ascertain

the financial capacity and therefore, the risk of

each builder.

HOME WARRANTY INSURANCE

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The cost to administer the Queensland

warranty scheme is approximately 22% of

premium income (as per their 2013 / 2014

annual report data).

The NSW scheme is underwritten by the

H.B.C.F. but administered by two licensed

agents. Builders gain access to the fund via a

network of brokers. We understand the cost to

administer this scheme is approximately 55%

of premium income.

4. Recovery of claims expenditure

In the unwelcome event that a builder fails to

complete a contract or there is defective work,

assuming the policy triggers are activated, an

underwriter will pay a claim. If a contractor’s

liability policy exists, the underwriter may seek

to access this as a cost recovery vehicle.

Given one of the main triggers for a home

warranty policy is often insolvency, the

underwriter’s cost recovery experience is

normally poor.

Builder Issues

1. Access

Builders generally enter the industry to build.

Increased administration for the builder either

decreases profits and/or leisure time.

The financial requirement on builders to

increase capital in their business in order

to increase work originated from insurance

criteria. In certain contexts, this financial

burden seems oppressive after a builder has

successfully negotiated all the hurdles to

achieve a Builder’s license. The oppressive

nature of the insurance criteria is compounded

when the policy exposure tail may extend for

many years.

Builders and contractors seek a value for money

product with minimum administration, ease

of access for new starters and simpler less

burdensome mechanisms that support business

growth (more on this in the next section).

2. Restraining Growth

Builders must grow the capital in their business

in order to increase their eligibility for greater

turnover under the scheme.

Once assessed, the builder is issued with an

eligibility certificate which is a pre-qualification

for home warranty. Eligibility can be suspended

or cancelled by an insurance agent at any time.

In addition to the eligibility assessment a

builder must then have a project specific

certificate issued. Limitations attached to a

certificate that may be placed on the builder

include a limit on the type of construction

permitted, restrictions on con-current projects

and / or an impost of additional capital or

security requirements (usually by means of a

deed of indemnity).

Builders wishing to change the type of

construction they undertake, say from single

detached dwellings to three storey walk-ups,

must be subject to an eligibility profile change

which, again carries financial implications as it

will usually require changes to working capital.

The conditions imposed on builders as a result

of these assessments can and do restrict a

builder’s ability to grow and / or diversify their

business. In this area, the home warranty

underwriter becomes a pseudo building

regulator and while this may be of benefit to

the insurer in potentially managing their risk,

for many building businesses it has been

detrimental to growth and development.

Consumer issues

Consumer demands are fairly simple, they want

someone to take their problem away and fix it.

The initial challenge is actually having an event

which triggers access to the product. In NSW

this can involve a significant amount of time

and expense for a consumer often including

protracted and expensive legal action. It is not

just a simple matter of submitting a claim.

Other challenges include a lack of appropriate

paperwork to establish just what specification is

to be constructed, the technical issue of whether

the problem is in fact a defect or how to fix a

defect without demolishing half the house.

Consumers constantly complain home

warranty lacks transparency, has insufficient

and complex triggers to access cover and has

a long drawn out claims process.

Framework for Change

In summary, the stakeholder’s issues are

relatively simple. Underwriters need to

control their risk to minimize their financial

and reputation loss. Builders want a simple,

consistent system which does not restrict their

business growth and consumers want a simple,

transparent and easy to access product.

The HBCF states it is losing a vast amount of

money, is carrying too much risk and is looking

to change the framework again.

MBA understands the issues are not simple to

resolve. We believe it is time to look at the system

from a holistic perspective and develop a new

framework with input from all stakeholders that

will address their respective issues.

In developing a framework on a “green field”

approach MBA believes we need to get back

to basics. Initially three simple questions need

to be considered by all stakeholders;

1. Who are we insuring?

Is the product intended to insure the builder or

the consumer?

The consumers need for a speedy seamless

resolution to their issues must be balanced

against the builder’s need for freedom to grow

their business and receive a fair hearing if there

are building issues; consumer and builder needs

must be balanced against the underwriters

need to manage risk and operate the scheme in

a financially sustainable framework.

We may also ask for whom should a home

warranty scheme provide a safety net? Is it the

average consumer building their own home

using a licensed builder or an owner builder?

Is it the investor building their sole investment

property or the investor who builds on a more

commercial basis?

2. How are we insuring?

The initial question here is what vehicle we use

to deliver the product.

There are several options for consideration such

as using a private sector insurer like Vero or QBE,

a fidelity fund such as the schemes operated by

the MBA in the N.T and A.C.T, a Government

body such as the H.B.C.F, or a profit distributing

entity like the vehicle used in the United Kingdom

and the Q.B.C.C in Queensland

In essence we are talking about whether the

product is run as a profit generating product,

a not-for-profit product or a profit distributing

product where any profit generated is put back

into the building community.

We must decide what type of cover we

provide. Do consumers need a first resort

cover or a last resort cover? For ease

consumers will always want first resort but in

theory - if the State Building Regulations and

dispute resolution mechanisms are working

efficiently - they will be improving standards

and the safety net need only be last resort.

3. What are we insuring?

Home warranty currently covers non-

completion and rectification of defective work if

one of the triggers are activated.

Consideration must be given to varying the policy

cover in relation to items covered as well as the

length of the coverage tail; this will fundamentally

change the risk applicable under the scheme.

MBA is preparing a response to the NSW

Government’s discussion paper and will

circulate to members.

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Appendix 1- History of Home Warranty in NSW

State Underwriter 1st or last resort

Multiple Dwellings

Building Threshold

Maximum term

Aggregate Maximum

Policy Limit

*Tasmania Not mandatory N/A Yes to 3 stories $12,000 6 yrs N/A

A.C.T. MBA Fidelity Fund Last Yes to 3

stories $20,0006 yrs

$85,000

N.T. MBA Fidelity Fund Last

Yes to 3 stories $12,000

6 yrs$200,000

South Australia Government Last Yes to 3

stories$12,000 5 yrs $80,000

Western Australia

Private - QBE & Calliden Last No $20,000 6 yrs $100,000

Excess $500

QldQ.B.C.C.

Government Body

First Yes to 3 stories $3,300

6.5 yrs$200,000

VictoriaV.M.I.A.

Government Body

Last Yes to 3 stories $16,000 6 yrs $300,000

N.S.W.H.B.C.F.

Government Body

Last Yes to 3 stories $20,000 6 yrs $340,000

Excess $250

Appendix 2 - Home Warranty Insurance in Australia TodayHome Warranty in Australia

The following table depicts the current situation of Home Warranty Insurance throughout Australia.

The information in this table is general information intended for quick reference and therefore does not contain details such as individual policy limits or sub-

limits, definitions of what constitutes a three story building, or how the maximum term is calculated. These are individual to each States policy wording.

*Tasmania does not mandate Home Warranty Insurance. Warranty is implied only for 6 years and is valid on building contracts exceeding $12,000 in value. It has been

included in this table for the sake of completeness only.

History of Home Warranty Insurance in NSW

Home Warranty Insurance was introduced

in NSW back in 1972. It was a Government

backed first-resort scheme.

1987 saw the establishment of the Building

Services Corporation (BSC) to run the scheme.

The consumer cover was for seven years from

commencement of the building project for

major structural defects and three years for

general defects.

In 1995, the Department of Fair Trading

integrated the BSC into its portfolio and in

May 1997 private sector insurers commenced

providing Home Owners Warranty Insurance.

The cover remained first resort cover.

In 2001, after the collapse of HIH Insurance

(a major provider of Home Warranty

Insurance), the privately provided Home

Owners Warranty scheme was altered to

a last resort scheme with overall cover

reduction to ensure continued participation

by private sector insurers.

On 1 July 2010 home warranty returned to

Department of Fair Trading umbrella, and the

NSW Self Insurance Corporation, following

private insurer’s withdrawal from the market.

The cover remained last resort but with the

additional trigger of a builder failing to comply

with a court order.

In January 2015 the product was rebadged

The Home Building Compensation Fund

(H.B.C.F.) following a raft of changes to home

building laws.

In August 2015 further amendments to

the scheme were introduced that included

changes to annual eligibility limits, shifting open

job limits and an open job values.

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HIGH COURT RULES INDEPENDENT CONTRACTING ARRANGEMENT A SHAMMembers are advised that in a recent decision

the High Court of Australia unanimously found

that an employer breached the Fair Work Act

anti-sham contracting provisions when it

misrepresented an employment relationship as

one of independent contracting. In deciding

the case, the High Court determined that an

employer cannot avoid the sham contracting

provisions of the Fair Work Act simply by

introducing a third-party (such as a labour hire

company) into its contractual arrangements

with its workers.

The High Court decision overturned a full

Federal Court ruling earlier in the year that

if an employer imposed another person (or

entity) between it and the employee, such

that the employee was providing work as

an independent contractor under a contract

for services made this other person (or

entity) subject to an action under the sham

contracting provisions of the Fair Work Act.

Background

Quest South Perth Holdings Pty Ltd (QSP)

engaged Contracting Solutions Pty Ltd to

convert its housekeeping staff and its receptionist

from employees to independent contractors.

Contracting Solutions operates the Odco system,

under which workers enter into an independent

contractor relationship with it, and are then

on-hired to clients, in this case QSP. At the time,

the employees made a conscious decision to

convert to independent contractors even though

they were effectively being rehired to perform

their same work for QSP.

The High Court’s Consideration

The High Court in its terse seven-page decision

said QSP’s misrepresentation fell “squarely

within the scope of the mischief to which the

prohibition in s357(1) of the Fair Work Act was

directed and is caught by its terms”.

The High Court went on to say that QSP and

Contracting Solutions “purported” to enter into

a “triangular contracting” arrangement under

which the labour hire business sought to:

1. Engage housekeepers under contracts for

services; and

2. Provide the housekeepers’ services to

QSP under a labour hire agreement.

QSP then “represented” through its conduct,

that the housekeepers performed work for it

as independent contractors of the labour hire

company, the High Court said.

“In fact, the housekeepers continued to perform

precisely the same work for QSP in precisely the

same manner as they had always done.”

“In law, they never became independent

contractors. At the time QSP represented

that they were performing work for QSP

as independent contractors of Contracting

Solutions, they remained employees of QSP

under implied contracts of employment.”

The High Court also said that it disagreed with

the Full Court of the Federal Court’s interpretation

of s357(1) of the Fair Work Act, in which it

found that to break the law, an employer had to

mischaracterise the employment contract “as a

contract of services made between the employee

and the employer”.

It said that “nothing in the language of s357(1) of

the Fair Work Act warrants the construction that

the representation prohibited by the provision

is confi ned to representation that the contract

under which the employee performs or would

perform work as an independent contractor is a

contract for services with the employer”.

The bench said that confi rming the prohibition

to representation that the purported

independent contract is a contract for services

with the employer “would result in s357(1) of

the Fair Work Act doing little to achieve its

evident purpose within the scheme of Pt-3-1.

“That purpose is to protect an individual who is in

truth an employee from being misled by his or her

employer about his or her employment status.”

“It is the status of an employee which attracts

the existence of workplace rights”, the High

Court said.

The High Court bench also pointed out

that confi ning the prohibition in the manner

suggested by the full court would mean it

could operate capriciously.

“An employer would be liable to pecuniary

penalty if the employer said to an employee

‘you are employed by me as an independent

contractor’. The same employer would act

with impunity if the employer said to the same

employee ‘you are employed by X as an

independent contractor’.

“That would be so even if X were entirely

fi ctitious. Either way, the employee would

be misled by the employer to think that the

employee was an independent contractor, and

the extent of the practical denial of workplace

rights would be the same”, the High Court

bench said.

The case, brought by the Fair Work

Ombudsman, will now go back to a single

Federal Court judge to decide on any penalties

against QSP.

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TRADE UNION ROYAL COMMISSION FINAL REPORT RELEASEDMaster Builders Director Construction – Peter Glover reports on the outcomes arising from the Trade Union Royal Commission (TURC) Final Report.

As members would have no doubt heard

through various media reports, the Final

Report of the Trade Union Royal Commission

(TURC) into Union Governance and Corruption

conducted by former High Court of Australia

Judge Dyson Heydon was made public by the

Federal Government on 30 December 2015.

Whilst the Final Report is very extensive

containing six volumes in all, however, only five

volumes have been made public with the sixth

volume remaining confidential. The report also

contains a total of 79 recommendations.

Royal Commissioner Dyson Heydon says in the

Report’s introduction that the two year $46million

inquiry found “widespread misconduct” in a wide

variety of unions and industries.

Those responsible have ranged in seniority

from the most junior levels to the most senior,

Commissioner Heydon wrote. Many union

State Secretaries have been involved.

“These aberrations cannot be regarded

as isolated. They are not the work of a

few rogue unions, or a few rogue officials.

The misconduct exhibits great variety. It is

widespread. It is deep-seated.”

“Nor can the list be regarded as complete. It

would be utterly naïve to think that what has

been uncovered is anything other than the

small tip of an enormous iceberg.”

“But it is clear that in many parts of the world

constituted by Australian trade union officials,

there is room for louts, thugs, bullies, thieves,

perjurers, those who threaten violence, errant

fiduciaries and organisers of boycotts.”

In an endeavour to assist members, Master

Builders have identified the following salient

points arising from the TURC Final Report.

Persons Recommended for Prosecution

or Investigation

The TURC’s ‘hit list’ of people it has referred for

prosecution or investigation include:

• David Aitken – CEO of Cbus to be

investigated by ASIC over alleged

breaches of his duties under the

Corporations Act.

• Brian Parker – State Secretary of the NSW

Branch of the CFMEU has been referred to

the Commonwealth DPP for allegedly giving

false and misleading evidence to the TURC.

• David Hanna – former President of the

CFMEU in Queensland has been referred

to the Police over kickbacks for the

construction of his house.

• George Alex referred to the NSW Police

and the NSW DPP to investigate whether

he has committed corrupt offences under

the Crimes Act.

• Lisa Zanatta and Maria Butera formerly of

CBus referred to ASIC for breaches of the

Corporations Act.

• Darren Greenfield – Organiser for the NSW

Branch of the CFMEU has been referred

to the NSW Police and the NSW DPP for

prosecution under the NSW Crimes Act in

relation to corrupt commission offences.

• Steve Dixon – former NSW Branch CFMEU

Official referred to the NSW Police and

NSW DPP for prosecution under the

NSW Crimes Act in relation to a corrupt

commission offence.

• Andrew Ferguson – former NSW CFMEU

Branch Secretary referred to the NSW

Police and NSW DPP for prosecution for

aiding, abetting, counselling or procuring

Steve Dixon’s possible offence of the NSW

Crimes Act. Mr Ferguson has also been

referred to the General Manager of the Fair

Work Commission to institute proceedings

against him in relation to breaching his

duties as an officer under the Workplace

Relations Act 1996 (Cth).

• Tony Pappa – former Organiser NSW

Branch CFMEU referred to the NSW Police

and NSW DPP for prosecution under

the NSW Crimes Act for aiding, abetting,

counselling or procuring Steve Dixon’s

possible offence of the NSW Crimes Act.

• Trevor Sharp referred to the NSW Police and

NSW DPP for prosecution under the NSW

Crimes Act for aiding, abetting, counselling

or procuring Steve Dixon’s possible offence

under the NSW Crimes Act.

• Peter McClelland – former President of

the NSW Branch of the CFMEU referred

to the General Manager of the Fair Work

Commission to institute proceedings in

relation to breaching his duties as an

officer under the Workplace Relations Act

1996 (Cth).

• The NSW Branch of the CFMEU has been

referred to ASIC for prosecution under the

Corporations Act 2001 (Cth) for carrying

on a financial services business without

a licence, and the NSW Government to

commence an inquiry under the Charitable

Fundraising Act 1991 (NSW) into all of

the NSW Branch’s practices concerning

charitable fundraising.

Members are also advised that a number of

other State / Territory Union Officials, past and

present, have been referred for prosecution

under a variety of different legislative regimes

including ACT Branch CFMEU Officials, Dean

Hall, John Lomax and Jason O’Mara.

The current Federal Police Task Force has

been extended until the end of September

2016 to continue its investigations of CFMEU

related activity.

Members would also be aware that blackmail

charges have been laid against Victorian

Branch CFMEU Officials John Setka and

Shaun Reardan arising from the Union’s

dispute with Boral in that State.

Key Law Reform Recommendations

The TURC Final Report contains a number

of recommendations where the law needs

reforming in regard to the operation and

accountability of trade unions. Whilst the

Report stopped short of recommending the

CFMEU be deregistered, it does recommend

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special legislation be introduced to disqualify

officers of the CFMEU who are deemed by

Parliament to be ‘not a fit and proper person’.

In summary, the key recommendations are

as follows:

• The restoration of the powers of the ABCC.

• A new regulator for industrial organistions

with stronger powers including the same

investigative powers as the Australian

Securities and Investments Commission

(ASIC) and particular powers to inspect

the books of all registered organisations

to ensure their compliance with the

Registered Organisations Act.

• Much greater disclosure of benefits accrued

from ‘related entities’ that flow to registered

organisations and greater scrutiny of those

benefits including around taxation.

• The registered organisation regulator

would have the power to investigate

breaches by individuals of rules and laws

around such organisations and ban people

from (paid staff and volunteers) acting as

officers of registered organisations.

• A new civil penalty requiring registered

organisations to adopt policies around

financial management.

• Increasing penalties for directors of

registered organisations to bring them into

line with those of company directors.

• Making it a criminal offence where

directors of registered organisations

behave dishonestly or recklessly in breach

of their statutory duties.

• Organisations negotiating EBAs be

required to disclose all financial benefits,

direct or indirect that can be derived by

those organisations or a related entity from

the terms of the Enterprise Agreement. It is

likely that this recommendation is directly

related to the relationship between the

NSW Branch of the CFMEU and Uplus)

• Increased penalties for unions who

breach competition laws such as

secondary boycotts.

• The ABCC to have concurrent power with

the ACCC to enforce competition laws

around secondary boycotts.

• The ACCC to name and shame

participants in cartel conduct and

secondary boycotts each year.

• A stronger fit and proper person test for

CFMEU officials and the ability for the

Parliament to have the power to disqualify

CFMEU officials from being union officials.

• Increased penalties for breaches of right of

entry rules.

Federal Government Response

Prime Minister Malcolm Turnbull conducted a

media conference on the same day that the

TURC Report was made public along with

Federal Attorney-General George Brandis and

Federal Minister for Employment Michaelia

Cash, to discuss the Government’s response

to the TURC’s Final Report.

The key points arising from this media

conference included:

• The Government strongly backs the Royal

Commission’s recommendation to restore

the powers of the Australian Building and

Construction Commission (ABCC).

• The Government will re-introduce the

ABCC (Construction Industry Improving

Productivity Bills) to the Parliament’s first

sitting in February with the declared aim of

having it passed by the Senate by the end

of March 2016. (Note: the Bill has been

passed by the House of Representatives

and is back in the Senate).

• The Government is unafraid to take the

ABCC and other key reforms to the next

Federal Election in 2016 should they be

unsuccessful in having them passed by the

Parliament early in 2016.

• The Government, through Employment

Minister Michaelia Cash, will draft a new

and stronger Registered Organisations Bill

to introduce a new regulatory agency to

improve governance of registered industrial

organisations in Australia.

Master Builders anticipates that this legislative

response by the Government will include

another attempt to have the Senate cross-

benchers support the passing of the Building

Code 2014.

Master Builders Response

Master Builders Australia CEO Wilhelm

Harnisch has issued a media release in

response to the release of the TURC Final

Report. It contains the following:

“The Royal Commission Report is a damning

indictment of the unlawful behaviours of the

building unions and in particular the CFMEU,”

Wilhelm Harnisch said.

“The findings of the Report are based on

evidence given under oath and cannot be

dismissed,” he said.

“It confirms the existence of an ingrained

institutionalised culture of unlawfulness that

fosters an environment where criminality and

corruption can flourish,” Wilhelm Harnisch said.

“The extraordinary findings of the Heydon

Royal Commission conclusively show that the

behaviours of the CFMEU are far removed from

community standards and shines a light on

the union’s ingrained culture of calculated and

reckless disregard for the rule of law,” he said.

“Union claims that the Commission was a

conspiracy or a witch-hunt are tainted and

hollow. It is a cowardly claim. It is a feeble

attempt to hide behind the industrial veil in

order to justify grossly unlawful, corrupt and

immoral behaviour that should never be

defended,” Wilhelm Harnisch said.

“The Royal Commission Report provides

evidence of institutionalised and gross

unacceptable behaviours that can only be

countered by an equally strong legislative and

institutional response that is recommended by

the Commission’s Final Report,” he said.

“The challenge is now for the Parliament to

stand up for the community and pass laws

that can stamp out such behaviours. Master

Builders Australia calls on the Parliament to

take action – failure to do so will condemn the

Australian community to be forever hostage to

a group of thugs who have no regard for the

law and a group of thugs who think they are

above the law,” Wilhelm Harnisch said.

“What is most urgently required are the powers

which the Government proposes be exercised

by the Australian Building and Construction

Commission (ABCC). They should be

supplemented by stronger accountability

and powers proposed under the Registered

Organisations Bill,” he said.

“The ACCC should be given unambiguous

powers to prosecute secondary boycotts

along with increased resources. Greater fines

also need to be imposed to act as a further

disincentive. These measures are necessary to

counter an ingrained and institutionalised culture

of industrial anarchy,” Wilhelm Harnisch said.

“The parliament cannot ignore the compelling

evidence contained in Commissioner Heydon’s

report,” he said.

Master Builders calls for a mature approach

to putting in place the necessary legislative

response and to do so urgently. It is a cancer

that the community needs to rid itself of and

must be stopped,” Wilhelm Harnisch said.

Peter Glover

Master Builders Director Construction

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MAKING THE MOST OF YOUR MASTER BUILDERS MEMBERSHIPConsumers are being educated regularly

through Government advertising campaigns,

current affairs programs and talkback radio

to ensure they are dealing with a reputable

tradesman. They also use Google to assist in

making the decision of who to use.

So what steps are you taking to improve

your chances of winning that next job?

With the building industry currently at peak

levels and providing plenty of work for all

sectors, you may ask yourself “why invest my

time in reviewing how I run my business now?”

Well now is the perfect time to take a closer

look at how you run your business as you are

not chasing work and potentially reducing your

margins just to keep your business ticking over.

7 things that you should consider if you work in

the residential sector.

• Display your contractor license number

and your ABN (Australian Business

Number) on all your quotations, business

cards and other documents that you

supply your clients

• Advertise that you are a member of the

Master Builders Association and use the

“member logo” on all your business stationery

• List your business on the “Find a Master

Builder” website, this is a free service for

members only

• Consider advertising your business in

a local newspaper or create your own

website, this can be a good investment if

done properly

• Ask your clients for references or seek their

approval for you to use photographs of the

completed works to showcase your work

to future clients

• Leave your last client with something

that thanks them for selecting you to do

their project. This is a very effective way

of getting them to spread good “word of

mouth” advertising to future clients

• Enter the MBA Excellence awards

If you require any assistance with getting

started or connecting to our services, feel free

to contact me personally to discuss further.

Graham McGuiggan

Manager Member Services

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The Home Building Compensation Fund (or the Home Warranty Insurance Scheme) is an evolving consumer protection framework in NSW. MBA Insurance Services (MBAIS) outlines some recent updates potentially impacting residential builders.

The Federal Government recently provided

draft legislation for small business’ to change

their legal structure with no tax consequences,

if they met certain criteria. You may be in the

process of discussing this legislation with your

accountant or tax professional.

Any change in structure could affect your

current eligibility under the HBCF, so you need

to be aware of the consequences from any

change. We suggest that you speak to one of

MBAIS’s specialist warranty brokers, to ensure

that you receive the appropriate guidance and

understanding of how any restructure will affect

your eligibility.

Periodic Eligibility Reviews (PER’s)

Following an amnesty on builder fi nancial

reviews post the 4 August introduction of the

open job limits, SiCorp are set to recommence

the annual programmed review process from

March 7th 2016.

For those builders who have an early review

date, you should be receiving your review

information shortly from your warranty provider.

If you have been reviewed recently using your

fi nalised 2015 fi nancials, it is unlikely you will

receive a review request.

There have been a number of changes in the

‘non-review’ category, with the only builders

being asked to undergo a review this fi nancial

period being the following;

• Builders with approved open job value >=

$3M and open job number > 4

• Builders with approved open job value

between $600K and $3M and an open job

number of > 10

• Pool Builders with open job numbers >= 30

Please note though, HBCF does reserve the right

to change builder review criteria at any time.

This also does not take into account Special

Eligibility Reviews, which they can request

if there are any early indications of potential

builder insolvency, notifi cation of a client dispute

or increasing trends in average build times.

NSW GOVERNMENT DISCUSSION PAPER OF THE REFORM OF THE HOME BUILDING COMPENSATION FUND

You may have received notifi cation from

MBANSW regarding the NSW Government’s

recent ‘Reform of the Home Building

Compensation Fund’ discussion paper.

Submissions in response to this document

were due by 12 February.

The paper illustrates a Scheme which is failing

its key stakeholders. It suggests a range of

options to make the current Scheme more

effi cient, and to ensure it remains fi nancially

viable, whilst maintaining an appropriate level

of consumer protection. We ask members to

take the opportunity to have a voice in helping

improve the Scheme.

As one of the main brokers distributing HBCF

insurance, MBAIS is working very closely with

MBANSW to deliver a considered response

that focuses on our member’s feedback.

For MBAIS clients who wish to discuss any of

the above developments, please don’t hesitate

to contact our offi ce on (02) 8586 3555

and speak with one of our Home Warranty

specialists for more information.

BUILDERS WARRANTY

Are you considering changing your business structure?

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THE BUILDER, THE DEVELOPER AND ITS ARCHITECTA lesson in the need for letters of intent and / or license agreements for works in contract negotiation stage

In a Nutshell

Developers and builders should give careful

consideration to entering into licence

agreements or letters of intent where pre-

contractual works are performed or designs/

plans are to be used while the parties are still

negotiating the commercial terms of a design

and construct contract.

In the matter of Tamawood Ltd v Habitare

Developments Pty Ltd (Administrators

Appointed) (Receivers and Managers

Appointed) [2015] FCAFC 65 (18 May 2015)

the Federal Court found that a developer

(Habitare Developments) and its architects

(Mondo Architects) had infringed copyright

in the designs for a single storey and double

storey duplex which were held by a builder

(Tamawood), which no doubt will have an

adverse fi nancial and reputational impact.

Tamawood had allowed Habitare

Developments to use its plans to apply for

development consent while Tamawood and

Habitare Developments were in negotiations

for Tamawood to build a low cost housing

project. Complex and no doubt costly litigation

which involved a hearing before a single judge

in the Federal Court and an appeal to three

judges in the Federal Court may have been

avoided if the parties had - during the contract

negotiation stage - clearly set out their rights

and obligations either through a written licence

agreement or a letter of intent.

Facts

Habitare Developments entered into negotiations

with Tamawood for that builder to enter

into a design and construct contract for the

construction of low cost housing in Brisbane.

During the contract negotiation stage

Tamawood produced two designs for the site

Habitare Developments was looking to develop,

being a single storey duplex (“the Dunkeld”) and

a two storey duplex (“the Torrington”).

While the terms and conditions of the contract

were being negotiated, Tamawood permitted

Habitare Developments to use the Dunkeld

and Torrington plans to lodge an application

with Council. Development approval was

granted by Brisbane City Council to construct

dwellings on site which were generally in

accordance with the approved plans.

There was one hitch to the project which was

that Tamawood and Habitare Developments

were unable to agree on terms for Tamawood

to construct the dwellings on site. Habitare

Developments then approached Mondo

Architects and requested that it develop

construction plans which could be used with

the Development Approval.

Mondo Architects produced construction

plans for Habitare Developments. The builder

that Habitare Developments initially engaged

to build the project went into liquidation and it

subsequently engaged Bloomer Constructions

to complete the projects. The issue that arose

was whether the Mondo Architects plans

infringed the copyright held by Tamawood in

the Dunkeld and Torrington plans.

License To Use The Plans

At fi rst instance, Collier J in the Federal Court

found that Tamawood had licenced Habitare

to use the plans for the purpose of obtaining

development consent, however, there was an

implied term in that licence that it would be

revoked if Tamawood were not contracted to

build the project.

Collier J found that the plans produced by

Mondo Architects for a two storey duplex

substantially reproduced the Torrington plans.

Collier J found that Habitare and Mondo

Architects had both infringed the copyright

held by Tamawood in the Torrington plans.

It was found that the Dunkeld plans hadn’t

been substantially reproduced in Mondo

Architects’ one storey duplex plans.

The issue of whether there was an implied term

was explored on appeal. Jagot and Murphy

JJ, with Greenwood J agreeing, found that

the evidence didn’t support a contention that

Tamawood’s plans were licenced to Habitare

to use to build the project if Tamawood wasn’t

appointed as the builder. It considered that the

licence issue could be looked at in one of two

ways, either:

1. That there was an implied term that the

license to use the plans would terminate

on Tamawood not being appointed as the

builder; or

2. That the scope of the licence was for

Habitare to use the plans for so long as

Habitare intended to appoint Tamawood

as the builder.

On appeal, the Federal Court also found that

in addition to the double storey design, that

copyright in the Dunkeld design had also

been infringed. Although rooms had been

moved around internally, it was found that

there had been a substantial reproduction of

Tamawood’s plans given that the relationship

between the exterior and the internal spaces

was unchanged. Matters such as this involve a

complex analysis of the facts and again this is

a salutary lesson that an appropriately drafted

document framing the rights and obligations

of the parties may have avoided the parties

becoming involved in this complex litigation.

Lessons Learnt

The parties in this matter have no doubt

incurred signifi cant legal costs that may have

been avoided or reduced with documentation

in the pre-contract negotiating stage setting

out the rights and obligations of each party.

While it was common ground that Tamawood

had allowed Habitare to use its plans to apply

for a development application in the pre-

contract negotiation stage, no doubt to avoid

delays in the project, it would have been useful

for both parties for an appropriate licence

agreement or even a letter of intent to have

been in place to defi ne the use and scope of

the licence to use the plans and map out what

was to happen if Tamawood and Habitare were

unable to agree on terms for Tamawood to

construct the project

David Bannerman and Ben Robertson

Bannermans Lawyers (02) 9929 0226

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TRAINING DEPARTMENT COURSE LIST

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Member $1,800 / Non Member $2,000

Earthmoving - SIlver (3 Machines) 4-5 Days


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Member $350 / Non Member $450

Waterproofi ng External and Remedial


Waterproofi ng Compliance and Inspection


Basic Scaffolding


Sustainable Building


Keys to Property Development Seminar


Pre-Purchased Inspections for

Building Consultants 2 Days


Introduction to Security of Payment Act


Introduction to Project Management


Contracts and Insurance Workshop


General Construction Induction (White Card)

Member $99 / Non Member $ 119

Working Safely at Heights


Asbestos Awareness


Remove Non Friable Asbestos

(CPCCDE3014A)


Supervise Asbestos Removal

(CPCCBC4051A)


Asbestos Assessor 2 days

Member $959 / Non Member $1,199

Test and Tag of Electrical Equipment


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(CPC31011)

Certifi cate III in Painting and Decorating

(CPC30611)

Certifi cate III in Cabinet Making

(MSF31113)

Certifi cate III in Construction Waterproofi ng

(CPC31411)

Certifi cate III in Wall and Floor Tiling

(CPC31311)

Certifi cate III in Concreting

(CPC30313)

Certifi cate III in Engineering Fabrication Trade

(MEM30305)

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(CPC32612)

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Construction (Building)

(CPC40110)

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(CPC40808)

Diploma of Building and Construction (Building)

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Construction (Building)

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Certifi cate IV in Work Health and Safety

(BSB41415)

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(BSB51315)

Certifi cate II in Civil Construction

(R1120715)

Certifi cate III in Civil Construction Plant

Operations

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(R1130913)

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(CPC30413)

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(CPC41013)

To fi nd out more, please call 02 8586 3588 or go to www.mbansw.asn.au/training

SHORT COURSES

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Master Builders Executive Offi cer – Safety David Solomon, discusses a recent case which resulted in the fi rst New South Wales based employer to be successfully prosecuted under the nationally harmonised Work, Health and Safety Laws.

Members are advised that a Company called

Austral Hydroponics Pty Ltd ran a business

growing greenhouse truss tomatoes and

employed fi ve people, all supervised by the

sole director. On 7 March 2013 a farmhand

employed by the company was told by the

director to remove plastic sheets from the

roof of a hothouse at least 2.5 m above the

ground. No instructions on performing the task

were given, in breach of the “Managing the

Risk of Falls at Workplaces Code of Practice”

published by Safe Work Australia in 2011 and

there was also a breach of clause 78(3) of the

Work Health and Safety Regulation 2011 which

requires a PCBU to manage risks to health

and safety relating to the performance of work

involving risks of falls from height, to ensure the

work is done on a solid construction.

The farmhand performing the work lost his

balance and fell backwards about 2.5 metres,

suffering a fractured spine, spinal cord damage

and tetraplegia. He remained in hospital until

he died in August 2014 from respiratory failure

and pneumonia.

The employer and director entered guilty pleas.

Both were convicted and fi ned respectively

$150,000 and $15,000. The director was also

ordered to pay the prosecutor’s agreed legal

costs of $20,000.

In the director’s case, he had failed, in breach

of s27(1) of the Work Health and Safety Act

2011 (NSW) to exercise due diligence by taking

reasonable steps to ensure compliance with

the Code and failing to ensure workers were

directed not to work on the hothouse roof

unless a risk assessment had been conducted

and control measures implemented to minimise

safety risks.

The penalties imposed were toward the

lower end of the spectrum (maximum penalty

available in the circumstances for the company

is $1.5m and for an individual $300,000) due to

a number of factors including:

• the offenders had a limited capacity to

pay fi nes;

• there was evidence the director was

suffering PTSD, anxiety and depression;

• the director was of good character;

• there was little likelihood of further offences

given the company was no longer trading and

the director’s remorse and contrition, and

• early guilty pleas were entered by

the offenders.

The decision is a timely reminder of the

importance of due diligence for directors and

other offi cers and the need for PCBUs to be

aware of the various codes of practice relevant

to their businesses.

FIRST NSW EMPLOYER PROSECUTED UNDER HARMONISED WHS LAWS

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EMPOWERING WOMEN IN CONSTRUCTION: NO STONE LEFT UNTURNED

Imbalance creates imperfection. That is often

considered to be the case in so many aspects

of life and work, including in the construction

industry. This is an industry that has a signifi cant

gender imbalance, as is widely known.

While it is unlikely that the balance of men

and women in the industry will ever be even,

encouraging more women to consider careers

in the industry is a positive way to start

addressing the imbalance.

Education plays an important role in anyone’s

career progression and development, as well

as overcoming obstacles found in the path

of achieving personal goals. Dedication and

ambition are needed to defeat the odds.

One young woman who has demonstrated this

ability is 23 year old Ashleigh Stone. Ashleigh

works for Dynamic Projects, an award winning

Master Builders member. We recently sat

down to have a chat with Ashleigh and her

employer, Michael Doueihi. As a participant in

the Certifi cate IV in Building and Construction

(Building) qualifi cation with Master Builders,

Ashleigh’s story and achievements highlights her

strength and individuality.

Ashleigh began working with Dynamic in 2010

after applying for the receptionist role. As

Michael says, Ashleigh had “an excelling and

positive attitude towards wanting to learn about

the construction industry.”

From the receptionist role, Ashleigh quickly

moved into an administrative / back offi ce role.

Gaining valuable knowledge and skills within the

offi ce, Ashleigh became an integral part of the

Dynamic team. Michael explains:

“Ashleigh’s attitude, application of effort and

innovative spirit became a strong asset to

the company, whereby her work colleagues

continually turned to her for assistance. Ashleigh

works well as a part of a team and can function

under pressure and always exhibited superior

communication skills. Being highly respected

by colleagues, customers and management

indicates the attitude Ashleigh has towards

making her career count as a woman in the

construction industry.”

Throughout most of 2014 and into 2015, Ashleigh

was afforded the opportunity to be a part of the

project administration team of Dynamic’s award

winning One Central Park, Broadway project in the

retail precinct. The project gave her the chance to

“learn the importance of what goes on behind the

scenes of a large scale project, as well as on the

ground”, she said.

Interacting with clients and contractors, Ashleigh

found herself in a heavily male dominated

workplace. Not one to be phased by standing

out, Ashleigh took to her on-site role with her

demonstrated usual drive and commitment. She

noted that “working with a bunch of guys isn’t

like what many women think that it is. It’s not

like the stereotypes suggest”.

As one of the two Directors of Dynamic, Michael

believes that “we need many more women in

the construction industry, particularly in project

management and supervisory roles” and that

they “should not be put off by the stereotypes of

years gone by”.

With an energetic approach to education,

Michael also says that “empowering women in

construction with education is the way to change

the stereotypes and barriers that may still exist

within this traditionally male dominated industry”.

Michael was impressed with Ashleigh’s work

performance on this project, commenting

“long hours on site, as is the case in retail

construction, never affected her and this

experience has only increased her hunger

towards learning and wanting to do more”.

On the completion of the project Ashleigh

approached management, asking for support

to enrol into the Certifi cate IV in Building and

Construction (Building) qualifi cation with Master

Builders with classes beginning in June 2015.

Ashleigh was excited to start the course, but

fate had another plan for her. On the 30th May,

Ashleigh was a passenger in a vehicle that was

involved in a serious head-on collision. After

spending a week in hospital with fractured

ribs and a shattered right hand (among other

injuries), she went home in a lot of pain, but still

determined to attend classes as soon as she

was physically able.

Shortly after the accident, Ashleigh began

rehabilitation. It would be four months until

she was able to walk with any level of comfort.

Throughout this time, the Dynamic team gave

Ashleigh ongoing and compassionate support,

assisting her with as much time off work as she

needed to attend rehab sessions and other

appointments. In turn, Ashleigh showed her

commitment to Dynamic Projects by making

adjustments to her work processes and routines.

Ashleigh also continued to attend classes with

Master Builders, where she was the sole female

in the group. Ashleigh used a tape recorder to

record sessions, as she was unable to write

with her shattered right hand. This also meant

a considerable amount of additional time that

Ashleigh needed to commit to completing her

assessments outside of class time.

Ashleigh consistently put in the time and effort

to learn and work hard throughout her classes,

having recently completed all of her classes

and assessments for the Certifi cate IV. Proud

employer Michael states “for Ashleigh to face

such hurdles at such a young age, and remain

composed and focused whilst trying to make

a stance in a male dominated profession, is a

tribute to her drive and commitment”.

Such is Ashleigh’s drive that she is already

eyeing off her next challenge on the path to

becoming a Project Manager. Ashleigh explains

that she is driven by “being part of a vision going

from an initial concept to a spectacular sight for

everyone to see”.

It seems fi tting to leave the fi nal word to

Michael, who says “Ashleigh is a shining

example that there is a place for women within

the construction industry.”

By Vanessa Herrera

Short Course Coordinator

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However, women’s share of apprenticeship

and traineeship completions has fallen, as has

the proportion of women with qualifi cations at

Certifi cate III level or above.

There are also remaining challenges in

promoting women’s participation and

achievement in science, technology, engineering

and mathematics (STEM) fi elds of study.

Some key highlights from this year’s report include:

• STEM subjects make up one third of

girls HSC subjects, compared to half of

boys subjects

• 2 out of 5 people commencing and

completing apprenticeships and

traineeships are women

• Only 15.5% of undergraduate

Information Technology and Engineering

students are women

• Aboriginal women are well represented

in vocational education and training, but

remain less likely than other women to

attend university

• 3 out of 5 undergraduate and

postgraduate students in NSW are women

• Women are 6 times less likely than men to

undertake technical and trade training

• The starting salary for graduate women is

$4,000pa less than men

Work and Financial Security

Women’s economic independence continues

to be a major issue, with the gender pay

gap increasing over the last 18 months and

women’s position in the workforce deteriorating

over the last year on a number of indicators.

While female labour force participation is at its

highest point since 1978, unemployment rates

for women have overtaken those for men and

are rising. On a positive note, gender gaps

in unpaid household work and use of fl exible

working arrangements for caring purposes

have reduced in recent years.

Notable gender comparisons include:

• Women’s participation in the paid

workforce is at its highest since 1978 but

remains 12% lower than men

• Women spend 12.5 hours per week more

than men on unpaid household work

• 1 in 2 women work part time compared to

1 in 6 men

• On average, women working full-time earn

$320 less than men per week

• The proportion of women in the workforce

who want more hours of work is growing

• Unemployment for NSW women is 1.1%

higher than for men

• The gap between what women and men

earn is increasing in NSW and is now 19.3%

Safety and Justice

Women need to feel safe in their home. Women

continue to have heightened safety risks in their

homes, communities and workplaces.

Women are more likely than men to experience

domestic and family violence, sexual assault,

be victims of domestic homicide, and face

discrimination and sexual harassment in

workplaces. In some areas women are tracking

better than men.

In some areas women are tracking better than

men. Women continue to have lower rates of

offending and imprisonment, and are less likely

than men to be victims of physical assault and

homicide overall.

Statistics include:

• Females are twice as likely as males to be

victims of domestic-violence related assault

• 4 in 5 victims of sexual assault are women

• Female homicide victims are more likely

than males to be killed by someone with

whom they are in a domestic relationship

• The imprisonment rate for women is 14

times lower than for men

• Sex discrimination in employment is 5.5

times more likely for women than men

As reported in previous editions of Master

Builders magazine, the MBA will continue to

promote opportunities for women in non-

traditional trades as well as in the wider building,

construction and civil sectors of our industry.

The detailed and full report can be

downloaded from the Women NSW website at

https://www.women.nsw.gov.au/womens_data

A Profi le of NSW Women

On 24 November 2015 NSW Minister for

Women, the Honourable Pru Goward released

the Women in NSW 2015 Report, the fourth in

the annual report series.

The Report charts the progress towards

gender equality and adds to four years of

comprehensive data which monitors trends on

women’s social and economic outcomes.

Below are extracts of the Report for

your information.

In 2014, there were an estimated 3.78 million

(50.4%) women versus 3.73 million (49.6%)

men in NSW, thereby representing more than

half of the total NSW population. Most NSW

women (74.6%) live in Greater Sydney while the

rest (25%) living in the remainder of the state.

Other facts about NSW women reported this year:

• women’s median age in 2014 was 38.8 -

18 years older than men’s

• 2.9% are Aboriginal women

• 28.5% were born overseas

• 27.5% speak another language at home

• 18.5% have a disability

• 4.6% are primary carers

Education and Learning

Women and girls outnumber men and boys in

school completion and in undergraduate and

postgraduate study, and the graduate gender

salary gap has narrowed over the last year.

WOMEN IN NSW 2015 REPORT

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DIVISION

Central Coast

Eastern Suburbs

Far South Coast

Hume

Illawarra

Inner West

Manly Warringah

Manning / Great Lakes

Mid North Coast

New England

North Coast

Northern Suburbs

Oxley

Parramatta Cumberland

Snowy Mountains

South Coast / Shoal

Southern Highlands

St George

Tweed

2016

02 Mar, 06 Apr, 04 May, 01 Jun, 06 Jul, 03 Aug, 07 Sep, 05 Oct, 02 Nov23 Feb, 22 Mar, 26 Apr, 24 May, 28 Jun, 26 Jul, 23 Aug, 27 Sep, 25 Oct, 22 Nov03 Mar, 26 May, 25 Aug, 24 Nov

06 Apr, 01 Jun, 03 Aug, 05 Oct

03 Mar, 07 Apr, 05 May, 02 Jun, 07 Jul, 04 Aug, 01 Sep, 06 Oct, 03 Nov15 Mar, 17 May, 19 Jul, 20 Sep, 15 Nov

10 Mar, 14 Apr, 12 May, 09 Jun, 14 Jul, 11 Aug, 08 Sep, 13 Oct, 10 Nov23 Oct, 10 May, 27 Jul, 11 Oct

22 Feb, 16 May

29 Feb, 23 May

23 Feb, 17 May,

17 Mar, 21 Apr, 19 May, 16 Jun, 21 Jul, 15 Aug,18 Aug, 20 Oct, 17 Nov24 Feb, 11 May, 27 Jul, 12 Oct

16 Mar, 20 Apr, 18 May, 15 Jun, 20 Jul, 17 Aug, 21 Sep, 19 Oct, 16 Nov02 Mar, 25 May, 24 Aug, 23 Nov

06 Mar, 20 Apr, 18 May, 15 Jun, 20 Jul, 17 Aug, 21 Sep, 19 Oct, 16 Nov08 Mar, 12 Apr, 10 May, 14 Jun, 12 Jul, 09 Aug, 13 Sep, 11 Oct, 08 Nov19 Apr, 21 Jun, 16 Aug, 18 Oct

24 Feb, 18 May

55

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WHAT THE MBA SAIDON OCTOBER 17, 1945

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Search: job doneCall: 1300 252 463

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...TO THIS!

FROM THIS…BIRD PREVENTION WINDOWS

5

DIRECTORY WHAT’S NEW

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2016 mb nsw magazine jan - mar

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