…place.
John Holland, licensed under the Comcare scheme, was charged with a category-2 breach of the Commonwealth Work Health and Safety Act 2011 and was accused of failing to comply with its section-19(3)(a) duty to provide and maintain a…
…also found:
the PCBU had not completed any SWMS prior to the commencement of the works. The Mikita saw being used had been modified and was faulty. The Mikita manual showed a misaligned blade could cause a saw to lift…
…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.
…
…the design for the building elements comply with the Building Code of Australia and other applicable requirements. Building elements are defined as internal and external load-bearing components, a component of the building enclosure, waterproofing, fire safety systems, and mechanical, plumbing…
Master Builders Sector Meetings are an opportunity for MBA Members to meet and discuss issues relevant to their sector. Master Builders will provide an update on the state of the industry and the current advocacy priorities being discussed with
…
Phone: 02 6162 0216
Email: info@mbsfm.com.au
Website: www.mbsfm.com.au
…
…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. * Cost does not cover the application fee for a High Risk Work Licence.
PROGRAM…
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 Fair Work Commission (FWC) has updated their Workplace Sexual Harassment learning module to reflect the extended sexual harassment jurisdiction that commenced on 6 March 2023. The module can be accessed here.
The module:
explores what workplace sexual…
With the ACT election day quickly approaching, this week we are calling for all parties to deliver their election promises for key policy areas affecting our industry.
Master Builders ACT continues to call on both parties to:
Commit…
…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…
…on the operation of the employer’s business, or Substantial changes to the employee’s employment conditions necessary to comply with rules, such as those in an award or agreement.
The Fair Work Commission will have the authority to mandate arbitration
…
The Fair Work Commission has varied the clauses relating to the payment of wages relating to termination pay. These changes will apply from the first full pay period from 13 October 2020.
Outstanding wages means any wages
…
Our course comprising one day of theory and one day of hands-on operation. It provides detailed instruction on how to trim and cut felled trees, and deal with typical hazards encountered in a forest or bushland setting. The course
…
…On 4 August 2022, the Minister for Planning and Land Management approved Variation 357.
Members are advised that the commencement date for V357 End of Trip Facilities is Wednesday 30 November 2022. This means that development applications lodged on…
A number of initiatives that relate to homeowners and residents of properties affected by loose fill asbestos insulation, commenced on 1 July 2020, under the Loose-fill Asbestos Legislation Amendment Act 2020.
On 1 July 2020, the Affected
…
…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…
…Fair Work Commission (FWC) for resolution.
2. Extension of unpaid parental leave
An employee is entitled to request an extension of unpaid parental leave for a further period of up to 12 months.
Making the request:
…
…a workers’ compensation claim; and the financial penalty levels and offence penalties applied to licensees and others for non-compliance; and a technical amendment in relation to the procedure for ceasing weekly payments to an injured worker in instances of non-compliance….
…a work environment supportive of employee mental health. Consequently, CSV received the maximum fine of $379,157 under the Act.
During the proceedings, the Court heard numerous complaints were made spanning the period from 2015 to 2018. These complaints highlighted…
…alternatives available, serving food and/or providing transport home; Dealing with complaints appropriately and as soon after the complaint has been made; Do not make any rash decisions – such as firing a worker – or making inappropriate comments which could…
This week, the Australian Building and Construction Commission (ABCC) instigated proceedings, the first of its kind relating to security of payment laws, against an NSW company for failing to comply with a compliance notice requiring it to pay a
…
…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
…
…parking officers around worksites is on safe and legal parking. This is important for our community and business.
Illegal parking reduces accessibility, making it difficult for members of our community –œ especially children, the elderly, and persons with a…
…for ACT Government projects, streamline the Secure Local Jobs Code and deliver a 10 year infrastructure plan.
Master Builders ACT CEO Michael Hopkins said, “The Canberra Liberals commitment to ensure the Secure Local Jobs Code is consistent with Commonwealth…
…Fair Work Information Statement Casual Employee Information Statement Fixed Term Contract Information Statement.
What Happens if Information Statements are not Issued?
If an employer does not provide the required information statements at the appropriate times, they risk facing
…
…of the employee’s involvement and whether any mitigating factors exist. Firstly, it is recommended that you develop a preliminary understanding of the misconduct by compiling relevant records, communications, or any other form of evidence that supports the notion that the…
…enforcing the responsible service of alcohol, having non-alcoholic alternatives available, serving food, and providing transport home Dealing with complaints appropriately and as soon after the complaint has been made Do not make any rash decisions, such as firing a worker…
…complaints appropriately and as soon after the complaint has been made Do not make any rash decisions, such as firing a worker or making inappropriate comments which could result in a claim being made against you Most importantly, have fun…
From 1 July 2018 mandatory reporting through Single Touch Payroll (STP) commenced for employers with 20 or more employees and 1 July 2019 for those with 19 or fewer employees.
Phase 2 of the STP reporting commenced as
…
…5900.
Want to read more on these cases? Click the links below.
SafeWork NSW v L&N Properties Pty Limited [2023] NSWDC 512 (23 November 2023)
SafeWork NSW v Think Tank Building Solutions Pty Ltd [2023] NSWDC 532…
…report remains the same.
Significant penalties apply where a PCBU has failed to comply with its obligations – including failing to report, failing to preserve the site, failure to comply with specific requirements under the legislation, etc.
Notifiable…
…Gentleman to reduce bushfire risk in our national parks and nature reserves. Emma Davidson’s current portfolio responsibilities in community services and health will be broadened to include community sector reform and a new portfolio of population health. This new portfolio…
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
…
Comply with your WHS duties while COVID-19 restrictions easing
You might be enjoying some relief from COVID-19 restrictions, but the WHS duties of a person conducting business and undertaking (PCBU) continue. This may mean taking steps above and
…
This 3 day training program covers the requirements to operate an Elevated Work Platform safely with the knowledge and confidence to apply for a High Risk Work Licence Class.
This program is delivered and assessed by Southern Training
…
…a time limited exemption for the commencement of the requirement to control the mechanical cutting of such materials using water suppression would be implemented.
MBA ACT advises that the commencement for these processes has been delayed until 17 October…
…are more common to occur during such social occasions, but also other serious issues might arise, such as driving under the influence and refusing to obey reasonable and lawful directions.
With the new psychosocial risk regulations, employers are required…
…discomfort. The employee lodged a complaint with the ACT Human Rights Commission and subsequently resigned.
The ACT Civil and Administrative Tribunal (ACAT) determined that KFC imposed a workplace policy that required managers to remain in the store during the…
…that the IEP focus areas were thorough in outlining many of the key challenges of implementation including ensuring reliability of the network, complex buildings, workforce, upfront costs for community and business and ensuring equity through the transition. Across engagement activities,…
…contractor.
If your business uses labour hire companies for its workforce, you should ensure the labour hire company has correctly classified the workers it is contracting out to you and that it is not a ‘sham contract’.
To…
Members are reminded to comply with their obligations under the contract during the course of the construction, in particular, when claiming a variation under the contract. It is important for builders to identify any work that might be considered
…
A collaborative effort involving Bluescope Steel and local company Steel Trusses Tech is seeing the Strathnairn Charity House take shape with 455m2 of roof trusses and 316m2 of frames installed on site over recent days.
The scale of
…
…the Australian Steel Institute as a potential problem.
As part of the National Structural Steelwork Compliance Scheme, the Australian Steel Institute has prepared a full list of requirements to ensure fabricators are complying with AS/NZS 5131 so they may…
…alternatives available, serving food and/or providing transport home; Dealing with complaints appropriately and as soon after the complaint has been made; Do not make any rash decisions – such as firing a worker – or making inappropriate comments which could…
…obtain a license before employing people in the ACT. This also means that it will be an offence to engage someone through a labour hire company who has not correctly navigated the complex licensing regulation.
We will continue to…
Q: What are the changes to the Building & Construction General On-Site Award and when do they come into effect?
A: As part of the 4-yearly review of the Modern Awards, the Fair Work Commission has confirmed
…
…over the coming months to help her understand the safety issues facing our sector.
Over the coming weeks we will be launching a new series of member events, designed to help members survive and thrive over the…
…for business owners today is the future pipeline of work, or lack of it. Members are asking, where is the next job coming from?
While there will be an inevitable economic downturn heading for the ACT, there is a…
…to comply with the variation clause to serve any variation notices. Failure to comply with the administrative requirements of the contract might result in you not getting paid for the additional costs that occurred.
Clause 15 requires a written…
…up to date and that all relevant people are informed of any amendments.
For more information on WHS Management Plan compliance and guidance notes you can visit the WorkSafe WHS Management Plan Guidance.
Question: How can I monitor…
…detailing the general risks posed to your business before commencing the work Provide site-specific induction in relation to the risks posed on the site the subcontractors are carrying out the work Monitor subcontractors’ safety and compliance with your safety arrangements…
…program is funded under the Adult Community Education JobTrainer grants program, a jointly funded initiative of the ACT and Australian governments.
At the completion of this program on 1 May 2023, workers will be ready to work in the…
Q. I have received a building report from a client stating that waterproofing to his house does not comply with AS 4654. Building approval was given in 2008 and I completed the building work for the client in 2010.
…
…the commencement of the requirement to control the mechanical cutting of such materials using water suppression for building and construction work. The Regulations would come into effect from 17 October 2022. Members should note that this exemption DOES NOT apply…
…Silica Training on or after 1 October 2023?
Yes. You will be fined up to $6000 (for an individual) and $30,000 (for a company).
Who is required to complete Silica Training?
All workers in the Work Health…
…and Plumbers (33 ads).
The release of the March 2023 job advert data follows MBA Australia’s release of its blueprint for future-proofing the building and construction industry’s workforce last week.
In our ACT Budget submission we identified key…
…manufacture, import or supply is without risks to health and safety (see Chapter 6 of this Code for further guidance).
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking…
…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…
…welcome your feedback on the proposed unit metering’s key components and the draft documentations.
Please contact Sol Asadollahi via email at Sol.Asadollahi@iconwater.com.au if you have any questions regarding these draft standards or if you have any comments or suggestions.
…
…it from proceeding down a road, whilst refusing requests to leave the area and claiming, “I am just stretching my legs”.
The two Union organisers also made homophobic slurs to the site safety adviser. One organiser commented that the…
…ensure that the services comply with the COLA and other operational acts.
There are a number of common queries, such as dealing with non-compliant services, being on-site every day, and what to do if you don’t want to be
…
…objectives without adding more applications, complexity and likely delays to the system. We will continue to work with the Government on the implementation of the Bill.
The Urban Forest Bill 2022 can be viewed here. Updates will continue to…
The new ACT planning system is anticipated to commence on 27 November. The ACT Government has released advice about the transition arrangements for projects which require an Exemption Declaration application.
Transitional arrangements have been made to accommodate a
…
…as possible. Apprentices are provided with a checklist of suitable evidence for them to gather while working on site. This includes: photos, videos etc (when safe to do so) of them completing work and completing Third Party Reports as part…
All companies and partnerships that hold a building licence are reminded that they are required to comply with sections 28(2)(d) and 28(3)(f) of the Construction Occupations (Licensing) Act 2004, as at 9 June 2020.
This requirement, which was
…
…to participate, as the data will provide valuable information to ensure the Scheme is appropriately targeted for all companies across the building and construction industry.
The survey closes Friday 4 December 2020 and can be accessed here.
…
…food and/or providing transport home; Dealing with complaints appropriately and as soon after the complaint has been made; Do not make any rash decisions – such as firing a worker – or making inappropriate comments which could result in a…
…2023 (Closing Loopholes laws) introduced new rights and protections for workplace delegates which commenced on 15 December 2023.
The new rights allow workplace delegates to represent the industrial interests of union members and potential members, including in disputes with…
…provision is now effective through the NCC Governing Requirements, and must be used by all practitioners when developing Performance Solutions. Do you understand how this may impact your work? Our course on Performance Solutions explores this new provision, find out…
…webinars, and complete program surveys.
There will be an award given to the highest performing mentee across Australia on full completion of the program. The award is a choice of simulated training to the value of $5,000 at the
…
From 26 August 2024, there will be a new definition of casual employee. The new definition includes a general rule that an employee is a casual only if:
there is no firm advance commitment to continuing and indefinite work;…
…contracts for the use of engineered stone that may not be fulfilled before the prohibition comes into effect on 1 July 2024.
For more information on the engineered stone ban in ACT please read the CMTED Factsheet here: Engineered…
…the WorkSafe ACT Compliance and Enforcement Policy 2020-2024.
We strongly encourage members to familiarise themselves and to comply with their obligations under the WHS legislation. If you require any assistance, please reach out to the IR & Legal Team…
…construction sector.
Master Builders ACT is determined to see greater representation of females in the civil sector. Master Builders ACT Commercial Director Liz Nair says, “A diverse workforce is important at any time but attracting more females to an…
…conciliation conference. If the matter is not resolved between the parties at conciliation, the matter will progress to a conference or hearing. Further information can be found in the Fair Work Commission’s Unfair Dismissals Benchbook.
What remedies can…
…is a breach resulting in an offence under the legislation. The Work Health and Safety (Office of the Work Health and Safety Commissioner) Compliance and Enforcement Policy 2020-2024 defines the following as:
Improvement Notice means a written notice Issued to…
…the Excellence Awards winners who have already been announced. The high caliber of craftsmanship across all categories has produced outstanding projects and homes. Remember to follow the Master Builders ACT Facebook and Instagram pages to see more winners announcements.
…
…employer’s business is organized, Significant impacts on the operation of the employer’s business, or Substantial changes to the employee’s employment conditions necessary to comply with rules, such as those in an award or agreement.
The Fair Work Commission’s jurisdiction
…
…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…
…employees who experience family and domestic violence. Both of these changes came into effect from 15 December 2023. These Fact Sheets can be accessed by clicking he links below.
…Installation of engineered stone
Further details on these topics can be found on the WorkSafe ACT website or by following the links below:
Working at heights – WorkSafe ACT Construction site management – WorkSafe ACT Engineered Stone Prohibition –…
Stay Safe and Stay Compliant
There are now travel restrictions in place for people travelling from Victoria to the ACT and strong ACT Government advice about travelling from parts of Sydney. Now is the time for everyone
…
…notice and allowing access where lawful.
REMINDER –œ Members are encouraged to comply with their obligations under the law in relation to allowing entry to site where right of entry is properly exercised. A failure to do so…
…to disconnect will start on:
26 August 2024 for non-small business employers; and 26 August 2025 for small business employers.
The Fair Work Commission has issued a statement setting out a final timetable for a process to include a…