…at, or downloaded here.
Although your client has raised the issue of defects I assume that this has not delayed progressing through the practical completion stage of the contract. The defects you have mentioned could be dealt with…
…risky and complicated process. It is strongly advised that you seek advice before you commence the process and consultation with the potentially affected employees. The Workplace Relations and Legal team are here to help and provide advice to you. The…
…the contract terms should accurately reflect this, incorporating lawful and appropriate provisions corresponding to their specific type of employment. Misclassifying an employee in their contract can lead to confusion and misrepresentation of their initial engagement terms and entitlements.
Clear and…
…was no valid reason for the dismissal she was not given an opportunity to respond; and the dismissal was harsh, unjust, and unreasonable.
Compensation
The Commission deemed reinstatement inappropriate and awarded the applicant the maximum compensation of 26
…
…access the template script here.
MBA also provides free training on freedom of association and right of entry to our members.
If you would like to arrange a training session for you or your workers or have any…
…access the template script here.
MBA also provides free training on freedom of association and right of entry to our members.
If you would like to arrange a training session for you or your workers or have any…
The ACT Government has developed and approved the ACT Managing the Risk of Airborne Crystalline Silica in the Workplace Code of Practice (the Code) under section 274 of the Work Health and Safety Act 2011 (ACT) (WHS Act). The
…
…applicant meets the required qualifications, experience and competencies. This includes a report from an approved assessment authority for each area of engineering for which an individual wants to be registered.
When do you need to register
The Professional…
…are reminded that each site would have its own high risk construction work and associated hazards, this means that a PCBU must complete a SWMS for each new site and ensure that their workers are familiar with the content and…
There are new rules for right of entry permits and exemption certificates that come into effect from 1 July 2024.
A right of entry exemption certificate allows a permit holder to forgo giving an employer the required notice
…
…PROGRAM DESCRIPTION
This program is delivered and assessed by Southern Training Organisation RTO 91378
This course is run over 5 days and is for vehicle loading cranes mounted on a vehicle for the principle purpose of loading and
…
…Planning website will be updated to include the updated industry information papers on NCC 2022 adoption in the ACT.
View the Code of Practice here, as well as information on the Building Code here and the Plumbing Code here.
…
…run the risk of bearing the debtor’s legal costs as well.
A statutory demand can only be issued when a debt is over $2,000 and is due and payable and your statutory demand needs to be accompanied with…
…and the number of demerit points incurred for those grounds you could view Schedule 2 of the Construction Occupations (Licensing) Regulation 2004 https://www.legislation.act.gov.au/sl/2004-36
The ACT Government introduced mandatory Residential Building Insurance in 1988 and then in 2002 legislated to…
…need to have a BA issued by a certifier prior to commencement of the new planning system (anticipated for 27 November 2023).
However, to assist in the transition between the outgoing and incoming planning systems, the Authority will offer…
If you are a Secure Local Jobs Code certified company and you are either thinking about commencing bargaining for a new enterprise agreement or about to commence a new round of bargaining, you are required to:
invite the employees…
…exposure standard for welding fumes is available on the SWA website and can be found here.
Need assistance?
The MBA Workplace Relations and Legal team can assist you and provide you with guidance on how to comply with…
…was provided with a fully maintained company motor vehicle for her role as she was required to visit customers on a daily basis. The company had safety policies stating that the company takes speeding very seriously and holds safety as…
Transport Canberra and City Services (TCCS) has provided advice to help members manage submission lodgements prior to their Christmas Shutdown period.
All Design, Operational and Final Acceptance submissions for urban infill and Estate developments will continue to follow
…
…on the above topics? The Workplace Relations and Legal Team are here to assist you and your business in all employment related matters. For assistance or more information, please contact the Workplace Relations and Legal Team at 02 6175 5900.
…
…the number of workplace visits the number of infringement, prohibition and improvement notices issued and the key breaches they were issued against workers’ compensation activities, and labour hire licensing activities.
READ THE COMPLIANCE AND ENFORCEMENT DATA SNAPSHOT FOR APRIL.
…
…the number of workplace visits the number of infringement, prohibition and improvement notices issued and the key breaches they were issued against workers’ compensation activities, and labour hire licensing activities.
READ THE COMPLIANCE AND ENFORCEMENT DATA SNAPSHOT FOR MARCH.
…
…risk construction work and associated hazards, this means that a PCBU must complete a SWMS for each new site and ensure that their workers are familiar with the content and control measures identified in the SWMS.
Review and repeat
…
…Notification Process for Asbestos Removal Work
Licensed asbestos removalists must complete a Notice of Asbestos Removal Work to notify WorkSafe ACT. If immediate removal is necessary, the removalist must notify WorkSafe ACT:
immediately by telephone; and in writing within…
…of the building work.
An application for Certificate of Occupancy and Use can be applied for at the completion of the building works.
Section 85 of the Building Act 2004 states that:
(1) Completion day, for…
…inspector on request and to a registered medical practitioner carrying out or supervising health monitoring.
Need assistance to understand your work safety and safety obligations? Please reach out to our Workplace Relations and Legal team on 02 6175 5900.
…
…any part of the Works; changes in the price of trades or materials due to a shortage of trades or materials that was not foreseeable at the date of the contract; or extras or missions associated with compliance to altered…
In light of recent reports and allegations involving the construction division of the Construction, Forestry and Maritime Employees Union (CFMEU), the Fair Work Commission (FWC) announced on 30 July 2024 that it is adopting additional measures in relation to
…
Under the Fair Work Act 2009 (Cth) (FW Act) and the Work Health and Safety Act 2011 (ACT) (‘WHS Act’), an entry permit holder can attend your site to have discussions with your workers and/or to investigate suspected contraventions
…
WorkSafe ACT has raised increasing concern for vulnerable workers in the construction industry, citing a rise in workers’ compensation claims made by young and at-risk employees. Occupations such as labourers, carpenters, joiners, and electricians are among those most frequently
…
The Australian Building and Construction Commission (ABCC) has commenced a targeted national audit campaign to ensure large-scale subcontractors comply with their security of payment obligations, including paying their subcontractors on time.
The campaign will examine whether a sample
…
…certified entities with information about completing your LRTWE. The information session will go through each of the sections of the LRTWE plan and give you useful information as well as some basic examples of how to complete your plan. There…
…and will provide Code certified entities with information about completing your LRTWE. The information session will go through each of the sections of the LRTWE plan and give you useful information as well as some basic examples of how to…
…not an alternative to notifying WorkSafe ACT of a health and safety issue in your workplace. If you have a work health and safety concern, you can contact WorkSafe ACT, Report a Workplace Concern or Issue, or Notify WorkSafe ACT.
…
…and they are entitled to a casual loading or a specific rate of pay for casuals under a Fair Work instrument or their employment contract.
When assessing whether an employee has a firm advance commitment to continuing and indefinite
…
…will be automatically nominated for assessment, and the public will be able to nominate trees for their ecological significance, in addition to their landscape, aesthetic, cultural, and scientific value; and improving the compliance provisions including introduction of penalties for people…
…for practical completion. To assist, we have a template available which can be completed and issued to your client/s to remedy the ambiguity.
The updated version of the ACT Lump Sum Residential Building Contract is now available through eDocs…
…includes crush, drill, grind, polish, sand and trim.
A SWMS must be established in consultation with the workers who will be carrying out the silica work before the commencement of the work. A SWMS for cutting crystalline silica material…
…or materials due to a shortage of trades or materials that was not foreseeable at the date of the contract; or extras or missions associated with compliance to altered statutory provisions.
It is important for builders to ensure that
…
…work health and safety duties and obligations on how to manage risks arising from sexual and general-based harassment at workplaces. This new Code will take effect on 11 November 2024.
The Government also decided to revoke the Preventing and…
…Rights Commission will have the power to investigate and enforce compliance with the positive duty. The Commission’s new functions and powers include:
Conduct inquiries into compliance with the positive duty. Provide recommendations to employers to achieve compliance. Issue and enforce…
…need to accept the decision of the Chief Planner and move forward.
If, for example, a community member is unhappy with the allowable height of a new apartment building, continuing this opposition from the master plan development through the…
…information about completing your LRTWE. The information session will go through each of the sections of the LRTWE plan and give you useful information as well as some basic examples of how to complete your plan. There will also be…
…conditions can expose workers to significant health and safety risks. Extreme weather includes heavy rain, storms, hail, extreme heat, strong wind, high pollen or dust, and high UV index.
PCBUs should have a work health and safety management system,…
…and may submit their claims via the administrator’s file information portal at www.worrells.net.au.
In order to ensure that your company is not at risk for the duration of an active project, members are reminded to enforce the protections afforded…
…workers wish to claim some or all of their long service leave entitlement, they can lodge a Claim directly with ACT Leave and they will pay the benefit.
Further information about portable long service leave for building and construction…
…According to data released by the National Centre for Vocational Education Research (NCVER) completion rates for nationally recognised VET qualifications commencing in 2016 were:
4% for all qualifications 2% for training package qualifications 9% for accredited qualifications.
Construction trade…
…work environment without risks to health and safety.
For the EU, John Holland has committed to sharing insights from the incident and its working-at-height initiatives and making a virtual reality training app available for free to the broader construction…
…of changes in the operational requirements of your business (this may be due to the introduction of new technology, lack of foreseeable work, restructuring) and You have complied with any obligation in a modern award or enterprise agreement regarding consultation…
…that the Fair Work Commission provided the following outline as to what it would consider reasonable when requesting an employee to attend a medical assessment –
Is there a genuine indication of the need for the assessment or examination (e.g….
…months; and the employee is not on paid personal leave/carer’s leave for the duration of the absence(s).
If you need assistance with any employment issues, please reach out to our Workplace Relations and Legal Team on (02) 6175 5900.
…
…of the contract; or extras or missions associated with compliance to altered statutory provisions.
The builder must ensure that a valid variation is issued – this is done by checking the contract for the process and complying with the
…
…heat in their workplace. Working in heat can be extremely hazardous and can affect workers in both indoor and outdoor environments. PCBUs should monitor the temperature and conditions of your workplace and eliminate or mitigate the risks of heat.
…
…are reminded to:
Where contracts are yet to be signed, factor these delays into your construction period and/or date for practical completion. Speak with your clients about the possible delays that may be experienced AND issue notices for extension of…
In a recent unfair dismissal case, Lindsay Swift v Highland Pine Products Pty Ltd [2023] FWC 1997 (10 August 2023) the practices of employer Highland Pine Products Pty Ltd (Highland Pines), were put under the microscope. While the termination
…
…refundable to eligible applicants through the ACT Building and Construction Industry Training Fund. We will apply for this refund on your behalf on successful completion of the course.
PROGRAM DESCRIPTION
The Mental Health First Aid course equips…
The Master Builders and Asset Construction Hire Excellence Awards showcase outstanding projects across the civil, commercial and residential construction sectors. The Awards also recognise the professionals, project managers and other outstanding individuals who create a positive impact on the
…
…the reduced WES for welding fumes, including a suitable transition period for local implementation.
Further information regarding the changes to the workplace exposure standard for welding fumes is available on the SWA website and can be found here.
…
…Members can find the relevant application forms to the Fair Work Commission here.
If you have any questions in respect of the use of Fixed Term Contracts, please contact our Workplace Relations and Legal Team on (02) 6175 5900.
…
…deliver affordable land.â€Â
“The ACT Government owns the raw land, it controls when land is released, it sets the sale price for new land and controls the design and approval of new suburbs,†he said.
Mr Hopkins said,…
…apprentices across the ACT building and construction industry represent a shockingly small percentage of commencements (5.4%) and completions (3.3%). The ACT’s female construction apprentice commencements are the lowest in the country at 5.4%, compared with 8.3% in Queensland. Clearly much…
…required to be forwarded to the Registrar to ensure their compliance with SLJC requirements throughout the project duration.
Furthermore, as certificate holders, you bear the responsibility of ensuring that any subcontractor you engage complies with the SLJC standards pertaining…
…of a specific period, including contracts where an employee is employed for a specific period.
New limits for Fixed Term Contracts
A Fixed Term Employment Contract cannot be for longer than two years. A Fixed Term Employment…
…is a public noticeboard of security interests in personal property. Personal property can include a wide range of construction tools and materials including timber, concrete, tiles, formwork, scaffolding, temporary fencing, pumps, trucks, roofing and insulation – but it doesn’t include…
The Fair Work Commission is inviting further information from those with knowledge of any non-compliance by Construction, Forestry and Maritime Employees Union (CFMEU) officials or representatives. The Commission is seeking further information in relation to any branch of the
…
…assault that occur in their workplace. PCBUs must notify the WorkSafe ACT of a sexual incident by using the Sexual Assault Incident Notification Form. The victims and perpetrators must not be named when filling in the sexual assault incident notification…
…via this link – https://forms.office.com/r/rK85dNqHmm.
For more information on the ETWE process please visit the Secure Local Jobs Code website. Or, for more information on the changes and the action ACT Government is taking to abate modern slavery see…
…Fair Work legislation with some provisions commencing immediately upon Royal Assent, and others to commence at a set later date. The changes taking immediate effect are:
Labour Hire (Same Job, Same Pay) The Fair Work Commission (FWC) can hear claims…
In light of the recent severe weather, builders are reminded and encouraged to claim extensions of time (EOT) under their building contracts for inclement weather. This includes the consequential effects of inclement weather such as inaccessibility to the site
…
In light of the recent severe weather, builders are reminded and encouraged to claim extensions of time (EOT) under their building contracts for inclement weather. This includes the consequential effects of inclement weather, such as inaccessibility to the site
…
…procedures and the best practice guides published on the Fair Work Ombudsman’s website.
Any employee can make an unfair dismissal claim if they:
have been employed with an employer for the minimum employment period; and are covered by a…
…Silica Dust Code of Practice 2024
Safely Remove Asbestos Code of Practice 2022
Hazardous Chemicals Code of Practice 2022
Need assistance?
The MBA Workplace Relations and Legal team can assist you and provide you with guidance…
…
New Law
Employers are reminded that these changes provide an opportunity for casual employees to convert to permanent employment if:
they have been employed for 6 months (12 months for small business employees), and they no longer consider…
…the WHS/OHS laws in the Commonwealth, states and territories.
On 23 April 2024 the ACT announced that it would adopt the standard as published by Safe Work Australia. Therefore, the workplace exposure standard (WES) for welding fumes (not otherwise…
…CLOSED
COVID-19 and cancellations: The Master Builders ACT event registration Terms & Conditions can be viewed HERE. Master Builders ACT endeavor to keep all attendees and stakeholders safe, by adhering to all COVID-19 ACT Government and venue…
Following a meeting between MBA ACT and the Secure Local Jobs Code Executive Branch Manager, Ms Jen Campbell and Senior Director Assessments and Compliance , Mr Jordan James, MBA ACT Members are reminded of their obligations under the Code.
…
…building.
A licensed building surveyor, or Building Certifier should be able to advise you whether the work is deemed building work and if it requires a commencement notice before the building work starts.
As mentioned cover is for…
…Compliance with the Code and other requirements: How well do you consider Code Certified Entities (businesses/industry) understand, and have complied with, their obligations under the Code since its commencement? What further measures (if any) would assist business/industry’s understanding and compliance…
The ACT Work Health and Safety Formwork Code of Practice 2024 was approved last week. It will commence on 8 May 2024.
To access the Code of Practice, click Work Health and Safety (Formwork Code of Practice) Approval
…
…Alternatively, more information relating engineered stone prohibition, exemptions and notification requirements can be found here –
Work Safety Group – Chief Minister, Treasury and Economic Development Directorate (act.gov.au) – The ACT Implementation Factsheet Engineered stone prohibition – Guidance for PCBUs….
…
The Workplace Relations and Legal Team can provide assistance to you and your business regarding wage and wage related matters. For assistance or for more information reach out to the Workplace Relations and Legal team on 02 6175 5900.
…
…15 December 2023 the following changes came into effect:
Changes to the rules for labour hire workers New discrimination protections for employees experiencing family and domestic violence Changes to the small business redundancy payment exemptions New rights and protections for…
The ACT Government’s regulation to prevent new gas connections to buildings in the ACT commences today (8 December 2023).
The regulation will apply to all residential buildings, commercial land-use zones and community facility zones.
An exemption process
…
The WorkSafe ACT Compliance and Enforcement Data Snapshot for May is out now.
The snapshots provide data on:
the number of workplace visits the number of infringement, prohibition and improvement notices issued and the key breaches they were…
…The Commission will be able to approve ballot agents to conduct protected action ballots if it is satisfied they are a fit and proper person and meet any other prescribed requirements. The Commission must review an approval at least every…
Electronic communication has become the most used communication method, whether it be communication within a business or externally to customers and clients. The use of chat rooms, video calls and messaging apps such as WhatsApp, Teams and Zoom increased
…
…Hopkins said, ‘The ACT Government needs to urgently release an economic plan to support local jobs and private companies, prioritising industrial relations, government procurement, taxation and red tape reduction for small businesses.’
‘The Australian Government’s prioritisation of industrial relations…
…workplace exposures if they occur.
The Assessment Tool is available on the ACT Government’s COVID-19 Website for use (www.covid19.act.gov.au/workplaceassessmenttool).
Please note that the Assessment Tool will continue to be revised and refined as our response to COVID-19 continues.
…
…date to be fixed by proclamation, the Fair Work Commission will be required to undertake the BOOT as a global assessment instead of a line-by-line comparison between the proposed agreement and relevant award. The Commission will also have the power…
A recent decision ruled that a court can make compensatory orders against directors of deregistered companies for underpayment to former workers through the Small Claims Procedures.
Eight international students claimed to have been either not paid or underpaid
…
…with links for more information.
Commencing 26 August 2024
Right to disconnect (small business changes come in effect August 2025) Independent contractor changes including new definition of employment, unfair contract terms and conditions; and minimum standards for employee like…
…a competent person, such as an occupational hygienist, and the report prepared must be readily available to workers and retained for 30 years. Once a baseline has been established, air monitoring should be undertaken at least every 12 months, or…