…tests when approving enterprise agreements. Which tests apply will depend on when you started bargaining and when the agreement was made. The Fair Work Website has published the ‘Understand the tests that apply to agreements’ tool to help you comply.
…
…that small businesses receive the protections of the competition and fair trading laws, including franchising. You can read more about the compliance and enforcement priorities here.
If members have any concerns or queries, please contact the Member Services Team…
…workers compensation coverage in the ACT.
For a list of current approved insurers refer to the Workers Compensation Insurer Approval page.
Click here to view the WorkSafe ACT information and resources relating to Workers Compensation in the ACT.
…
…a public discussion about the proposed Bill’s management of the ACT’s urban forest.’
The Terms of Reference for the inquiry are available on the Committee webpage.
A copy of the MBA’s submission can be viewed here.
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…entitled to Fares and Travel pattern allowance if the employer provides a fully maintained vehicle free of charge to the employee.
Allowances
Several Industry, Disability and other allowances will be removed. The Industry Allowance to compensate for disabilities…
The new unfair contract terms laws come into effect on 9 November 2023.
The new laws –
Introduce civil penalties for organisations that include or who rely upon unfair contract terms in their standard form contracts with consumers…
…involved the company’s refusal to continue to employ the drivers and the company’s insistence that the only relationship between the drivers and the company be a contract for the carriage of goods. This relationship was not a relationship of employment.
…
…notice must identify the extended Construction Period and the extended Date for Practical Completion.
If you need any advice in relation to contracts, please reach out to our Workplace Relations and Legal Team on (02) 6175 5900.
…
There has been significant movement from Government and unions to ensure a safe workplace for employees, especially as it relates to silica and silica containing material. The deadline of 1 October 2023 for employees to undertake silica training has
…
…years and previously chaired its suppliers and subcontractor’s council. She is the Managing Director of Pacific Formwork Pty Ltd, a specialist provider of formwork solutions to the building and construction industry and a director of Canberra based precast panel manufacturer…
Another maximum penalty has been handed down to the CFMMEU for breaching competition laws. The Federal Court has fined the CFMMEU $750,000 for pressuring a Queensland construction company (the builder) to boycott a non-union subcontractor. The builder was also
…
…will hear from our compliance team and possibly even see us out and about on sites. Our compliance officers will be undertaking outreach and compliance checks to work with industry to ensure we collectively support safe and secure jobs across…
…you simply don’t want to use a review or testimonial function, you may choose to disable this option (depending on site).
Click here to read more about managing online reviews on the Australian Competition and Consumer Commission (ACCC) website
…
…will be contacted about the time and date of your exam. The exam takes 90 minutes and must be completed in person.
Click here to access the ACT Government Class A, B, C Licence Exam Study Notes
…
…and clear statements that offences will not apply where a person could not comply with the law due to a reasonable excuse. This will uphold cultural rights and offer fair and reasonable treatment to all.
The MBA remains concerned
…
…exemptions for pre-DA consultation in the Planning and Development Regulation 2008 Updated Pre-DA Community Consultation Guidelines A new approved form for community consultation to be lodged with a DA Improved compliance during the DA completeness check process.
While the
…
…a dangerous incident, and a sexual assault incident, please see WorkSafe ACT – Notifiable Incidents.
To report a sexual assault incident, you must use the Sexual Assault Notifiable Incident Form.
To report a WHS notifiable incident not related…
The Fair Work Commission’s latest statement has provided some guidance on upcoming changes to enterprise bargaining following implementation of the Secure Jobs, Better Pay Act.
There are a number of significant changes to the enterprise bargaining and enterprise
…
…protections: Workplace Delegates’ rights
Changes to general protections: Family and Domestic Violence
For more information on the above changes and who these new laws cover, reach out to the Workplace Relations and Legal Team on 02 6175 5950.
…
When contracting with an entity within a group structure of several companies, it is important to understand that each company within the group is a separate legal entity and not responsible for the actions (including accrual of debts) of
…
…work sites have the appropriate control measures to prevent fall risks associated with excavation and trench work.
For more information about managing risks associated with trenching and excavation work, please see WorkSafe ACT – Trenching and excavation work.
…
…electricity through an electrical socket must be regularly inspected and tested by a competent person. This is very important for workplaces where electrical equipment is used in a way that is likely to damage the equipment or reduce its expected…
ACT WorkSafe response to the Boland Review released yesterday, 16 March 2023.
In March 2022, ACT WHS Commissioner, Jacqueline Agius, engaged Marie Boland to undertake a review of the current legislative, policy and operational framework used in the
…
…work activity and a Safe Work Method Statement (SWMS) must be developed, in consultation with affected workers and other duty holders, and communicated prior to commencing the high-risk activity.
For further information on WHS Legislation and obligations, register for…
Whilst the ACT has moved to Step 3.2 of Canberra’s Recovery Plan Easing of Restrictions Roadmap from 9am on Friday 9 October 2020, Members are reminded to not become complacent when it comes to your COVID-19 safe plans.
…
…kind of supply shortages is the industry facing? Specifically, what types of materials?
S. Primarily pine framing, and LVL.
AB. Master Builders Australia’s recent national survey showed that the materials in the shortest supply are timber, timber engineered…
…any conducting medium (for example via mobile plant or insufficiently insulated or covered tools or equipment), coming within the relevant safe approach distances. The safe approach distances are set out in the attached document. People working in the vicinity of…
…housing requirements and new energy efficiency and condensation mitigation requirements will commence on 1 October 2023.
The ACT and Queensland are the only jurisdictions pushing ahead with the 1 October commencement date. MBA ACT is continuing to advocacy for…
…and non-residents Above entitlement payments Dispute settlement Fitness for work (alcohol or drugs)
For further information about the 2016 Building Code and your obligations as a CCE, click here to view the Australian Building and Construction Commission (ABCC) website.
…
…Act 2011 (ACT) setting out the new penalty amounts.
MBA encourages members to ensure their compliance with their work health and safety responsibilities set out in the WHS Act and the Regulation to provide a safe workplace for your…
…must identify hazards, assess risks, and implement practical controls to safeguard worker health and safety.
For further resources regarding silica dust, visit the WorkSafe ACT – Silica Dust website.
Need assistance in understanding your work health and safety…
…lodge a Unit Title application without the following ‘required material’:
(a) the most recent certificate of occupancy and use— (i) for each unit in the parcel; and (ii) for any structure within the boundaries of the common property; (b) if…
…the application of these changes to existing contracts and their effect on the industry. The Government has now created an explanatory page with an aim to answer the common questions raised by industry, you can access the page here.
…
…(the Act), a forced retirement would constitute unfair dismissal if an employee were dismissed, and their age is the predominant reason for the dismissal. A forced retirement may also constitute discrimination, which is prohibited under the general protections provision of…
…participated in the Legacy Project consultation in 2019 and the CERG was to establish a Place of Reflection.
The place of reflection will take the form of a forest shelter at the National Arboretum Canberra. The forest shelter provides…
…their workplace. To report a sexual assault incident, you must use the Sexual Assault Notifiable Incident Form.
Leave and accrual – workers who are on workers compensation are entitled to take and accrue annual leave and long service leave.
…
…the health and safety of others. This case is a timely reminder of the contractual and legislative obligation of all workers and employers, to ensure that all workers understand the importance that when at work they are required to devote…
…supporting employees who make complaints. You should be receptive and thorough when receiving and responding to workplace bully and harassment complaints. You should try to resolve the complaints internally either through informal or formal process (as per the company policies…
…the online form.
If you do not dispose of ACM and contaminated debris properly, you will be prosecuted. If you want to report an incident, you can use the online form available on the WorkSafe ACT website.
…
Master Builders Member Workshops are information sessions on topics that are important to our industry. These workshops are free of charge and included as part of your MBA ACT membership.
…
…poster series titled ‘Don’t let complacency set us back’, as a reminder about maintaining social distancing requirements and correct hygiene practices. Our site posters are also available on the COVID-19 hub on our website, which includes posters in Simplified Chinese.
…
…devastating impact on demand for new residential building activity. We will be increasing our public communication to ensure that the home and property owners are confident that domestic building activity can occur in compliance with government rules around slowing the…
…an ACT Building Commission to coordinate, guide and prioritise ACT building reforms and enforcement,†he said.
Mr Hopkins said, “After more than a decade of campaigning for better building quality by the MBA, it is disappointing that regulators have…
…has a duty to ensure a safe work environment free of sexual harassment and other risk factors. This includes appropriate reporting mechanisms suitable to the workplace and accessible to the workers.
The risk of sexual harassment is a workplace…
…
The ACT Home Building Contract, at clause 13, provides the list of delays that a builder may claim an extension of time for, as well as the process for notifying the client of the extension of time being claimed
…
…ACT Code, and can view a copy of the updated ACT Code here.
For more information about your obligations under the Work Health and Safety laws, reach out to the Workplace Relations and Legal team on 02 6175 5900.
…
…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…
…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 –…
…and summary of changes are available on the review webpage: https://www.planning.act.gov.au/talk-with-us/pre-da-consultations/pre-da-community-consultation-guidelines-review. The changes to the Guidelines and the Planning and Development Regulation 2008 are expected to be implemented by mid-2020, with a delayed commencement of 1 January 2021 to allow…
…visits and compliance activities.
READ THE COMPLIANCE AND ENFORCEMENT DATA SNAPSHOT FOR AUGUST.
To find out about other ways WorkSafe ACT is working with the Canberra community to improve work health and safety, follow WorkSafe ACT on LinkedIn.
…
…decisions around health and safety.
Some of these apps and websites include;
AirMatters
AirRater
AirVisual
Q: What health effects is the bushfire…
…freedom of association when it comes to agreement making.
It has been known that the building and construction industry unions are renowned for applying undue pressure upon businesses and in some cases, workers. Whilst workers should be paid in…
…cause fatigue in the workplace include:
consulting workers–managers, supervisors and health and safety representatives–about the impact of workloads and work schedules, including work-related travel and work outside normal hours examining work practices, systems of work and worker records, for example…
…contractors who have tendered for Commonwealth funded building work since the 2nd of December 2016.
It does not impose requirements on contractors who have not tendered for Commonwealth funded work.
It does not impose requirements directly on to…
…AS 4654, Part 2 2012- ‘’Design and Installation” This standard sets out the requirements for the design and installation of above-ground external waterproofing membranes for use in buildings and structures (for example roofs and balconies).
The National Construction Code
…
…but it might’ve impacted your claims. COVID-19 tests purchased for work are now tax deductible. You can claim a deduction for COVID tests you paid for from 1 July 2021, if you:
used the test for a work-related purpose had…
…COVID-19 pandemic. The determination amends the prescribed process for executing documents under s127 of the CA, by allowing for the electronic execution of documents by companies and for the split execution of documents by company officers.
The…
…of who ended the employment.
If you are a building and construction company, you and your worker may be covered by the Building and Construction General On-site Award 2020 (the Onsite Award). Clause 41 of the Onsite Award provides…
…with Susan and if you are interested you can access the first three episodes of the podcast at the below links:
https://www.proctorlegal.com.au/articles-resources/strata-with-susan-episode-one https://www.proctorlegal.com.au/articles-resources/strata-with-susan-episode-two https://www.proctorlegal.com.au/articles-resources/strata-with-susan-episode-three
Strata with Susan is also available to listen to directly on most popular podcast apps.
…
…supplier on the Register, you can access the application form here.
Click here for further details about the scheme.
Click here to view the grant guidelines.
For all questions about about the Private Buildings Cladding Scheme please…
…the stage of the works, can be a dangerous place. As the builder, you are deemed to be the Person Conducting a Business or Undertaking (PCBU) and the person responsible for ensuring that the site is as safe and secure…
…taken a strong public stance in addressing exposure to silica dust and we expect this will guide considerations for a transition period.
Members are encouraged to explore alternative products under eligible contracts as soon as possible and to approach…
The Christmas break is fast approaching with, trips to the coast and family and social gatherings or outings. It has been a long year with several challenges, and we would like to remind members to unwind, relax and rejuvenate
…
…The delegates’ rights term gives effect to the new rights and protections contained at sections 350A and 350C of the FW Act which include, amongst others:
an employer’s obligation to deal with workplace delegates, and the entitlement to represent the…
…continuing to provide this service and expand our team of industry trainers, MBA Group Training is seeking Expressions of Interest from anyone who is qualified in Carpentry and considering a career shift or wishes to complement their work schedule with…
It’s a new year and, coming back from the Christmas break, there are new challenges that members will be facing.
In order to ensure a successful and productive year, it is as important as ever to ensure that
…
…
Secondly, Bargaining is essentially negotiation of workplace rights and obligations between the employer and employee. It is not a process to validate broad scale Union objectives. Often, workers have realistic expectations and can understand an employer’s final position or
…
…consumers, improved air quality, and safer homes. Key concerns about the regulation related to things like capacity and supply for the electricity network, impact on existing gas connections, and affordability and equity in the community. There were mixed views on…
…comment on the matter.
If the dispute cannot be resolved this way, the Commission can deal with the matter by arbitration if both parties agree. In these circumstances the Commission now has the power to make an order:
for…
…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…
An important part of the National Construction Code (NCC) is knowing who is responsible for what. NCC CPD courses help to clarify the roles and responsibilities of different practitioners. Courses for compliance and design practitioners are online and available
…
…For timber and steel, there are signs that cost pressures have become a bit less acute. However, pressures appear to be mounting for some materials like ready mixed concrete, sand and some plumbing products.
Labour force data released on
…
…for an individual and a fine of $16.5 million for a corporation.
In NSW, the maximum penalty for an industrial manslaughter conviction is 25 years’ imprisonment for an individual and a fine of $10,295,000 for a corporation.
If…
…has only added confusion and uncertainty to the industry, placed stress on employers and PCBUs by changing regulation with almost no time for companies to adjust to new rules, and implemented a mandatory silica awareness training program that didn’t recognise…
…about major projects, in every example the project’s commencement is delayed. The Canberra hospital and CIT Woden won’t start until 2022 and Light Rail stage 2A contracts have been pushed back until after the election,†he said.
Mr Hopkins…
…months for the release of completion payments,†he said.
Mr Hopkins said, “The bureaucratic and inefficient tendering processes also impact the broader community and taxpayers as building schools, hospitals and public infrastructure becomes more costly.â€Â
“In the…
The ACT Workplace COVID-19 Exposure Assessment Tool has been designed to assist employers to conduct a workplace risk assessment following an exposure and to guide further action.
While the Workplace COVID-19 Assessment Tool is designed to be used
…
…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…
…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 operating under an EBA, check the redundancy clause in the EBA.
There are some exceptions that may apply. For further information about notice periods and redundancy pay, contact our Workplace Relations and Legal Team on (02) 6175 5900.
…
…out the high risk construction work (and their representatives) before the commencement of any ‘high risk construction work’.
Click here to view the information on the WorkSafe ACT website.
A PRACTICAL EXAMPLE – SafeWork NSW member alert: https://www.mbansw.asn.au/system/files/2021-03/07_of_2021_3_March.pdf
…
…if you don’t. It is important to remember that your health and safety policies and procedures should not be something you set and forget allowing for compliancy to set in. Procedures and risk management processes should be reviewed and updated…
…objects for which an abrasive blade is not intended; or not using the power tool to pry or shovel away objects.
The Work Health and Safety Regulation 2011 (the Regulation) also prescribes mandatory testing and tagging for electrical power
…
…our opinion.
If you would like a discussion about password management or any discussion about your business’s digital security, please call.
For more information contact Omni IT:
Ph: (02) 6230 3839
Email: support@omniit.com.au
…
…Please note, those individuals who wish to be considered for this program MUST successfully complete a functional capacity assessment (which includes drug and alcohol testing) before being offered a place on the program.
To view the program flyer CLICK…