FDC Construction & Fitout (ACT) Pty Ltd
Builder
…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. In some instances, contracts may need to be varied or extended. Where…
…changed: Contribution caps are set to increase for the first time since 2017. More information about what this means can be found here. Single Touch Payroll (STP) kicks in: Employers with more than 20 employees have been using STP since…
…this refund on your behalf on successful completion of the course.
GENERAL INFORMATION
Date: For training dates please contact the Short Course team on 02 6175 5900 Course Duration: 2 hours Location: Skills Centre – 1 Iron…
MBA Group Training has worked closely with SIMPEL to customise and implement a comprehensive site and workplace WHS risk management solution for MBA hosted apprentices. SIMPEL will streamline site safety visits, compliance checks and manage site access controls using
…
…redundancy?
A genuine redundancy is where:
the employer no longer requires the person’s job to be performed by anyone because of changes in the operational requirements of the employer’s enterprise, the employer has complied with any obligation imposed…
We were notified late last week that the ACT Government has specifically excluded construction occupations from the Automatic Mutual Recognition Scheme until 1 July 2025. This applies to workers who are licensed in another jurisdiction coming into the ACT
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…top priority. Click here to view our joint residential safety campaign video.
I would like to start by firstly acknowledging and congratulating our MBA Members and Partners who participated in the Vinnies CEO Sleepout last night. We are so…
This week, the Workplace Relations and Legal Team presented a member workshop to inform members of changes to the Building and Construction General On-Site Award 2020. A component of that workshop discussed the purpose and use of Individual Flexibility
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…include attachments such as completion certificates, photos/videos, delivery documents, or other documents applicable to the contract.
If the payment is not made by the due date or where a response is not received in relation to the payment claim,…
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Further information about right of entry can be found here:
WorkSafe ACT Australian Building and Construction Commission
If you have specific queries or would like to speak to the IR & Legal Team about arranging some on-site Eight
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…business operators can be personally penalized by the Fair Work Ombudsman for non-compliance. Where an employer fails to make or keep records in accordance with the FW Act an individual may be penalized $5,400 per contravention and $3,600 per contravention…
…criteria where relevant to refer to ‘all of the following’ to clarify that a proposal needs to demonstrate compliance with all the requirements in the relevant criteria.
Multi Unit Housing Development Code
Amend the proposed provisions to state that…
Name: Dale & Hitchcock Civil
Email: Accounts@dandh.net.au
Phone: 02 6260 2855
Website: https://dandh.com.au/
…
…through changes to the building regulatory system.
Following our advocacy efforts in the lead up to the 2020 ACT election, we welcome the Government’s commitment to implement the recommendations of the Building Confidence Report. While there is still work…
In line with the Fair Work Commission minimum wage ruling, the Master Builders Wage Circulars are now available. Please reach out to the Workplace Relations and Legal Team for your updated copy either via phone (02) 6175 5900 or
…
…that,
‘Progress payment claims will be payable upon the completion of each stage of the Works and at the relevant values stated at Appendix B, Item B1, despite any minor omissions and/or minor Defects which do not prevent…
The Labour Hire Licensing Act 2020 (ACT) was passed at the end of 2020, and it is expected the scheme will commence from April 2021. This date is yet to be confirmed by the ACT Government. Details of the
…
Standards Australia have packaged together commonly referenced documents into 12, 24 and 36 month subscriptions terms. The Building Essentials Set contains 115 standards and 2 user licenses, which is available from $510.40 per year.
Other available sets include:
…
…shovel-ready projects whilst also progressing design and planning for major projects will boost the confidence of the local industry and provide the necessary pipeline of future work to ensure local companies can continue to employ local people.” “Over the longer-term,…
…companies are unlikely to need a licence. If your business providers ONLY a worker to another person (whether individual or a business), to do work, then you will need a labour hire licence.
If you engage in labour hire…
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
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…you need to comply with to get your jobs completed and that’s without throwing in your employment obligations.
The IR & Legal Team encourages you to undertake a quick review of your current HR practices and to think about…
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As the person with control of the site, you also have obligations to comply with when an entry permit holder is exercising his or her rights under the respective legislation. These obligations are summarised below:
Not refuse…
…urban areas by 2045. The draft variation makes changes related to site coverage and planting area requirements on private land in all residential zones (RZ1 to RZ5).
The Minister confirmed this week that the Variation is expected to commence…
…to make an application for adjudication under the SOPA regime. It is crucial that you (the Applicant) comply with the timeframes set out in the legislation.
For further information about making a claim under the SOPA regime, click here.
…
A written warning is an important workplace tool to ensure that an employee understands the employer expectations. Warnings communicate an identified area of where an employee needs to improve, or where their current conduct does not meet the required
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…– such as the payment of minimum rates and allowances, superannuation, portable long service leave, etc. – and a failure to comply can result in legal action or penalties being imposed against you.
Members are encouraged to ensure that…
…payments; Commissions; Allowances; Bonuses; and Paid leave.
Click here to view the ATO checklist as to what constitutes ordinary time earnings.
If you have an enterprise agreement, it is prudent to check whether the superannuation guarantee amount is
…
…in a direct contractual relationship with the workers lower down the chain for you to owe WHS duties to them.
SafeWork Australia – WHS Duties in Contractual Chain provides the charts below demonstrating how contractual is formed, and who…
…comply with the instructions were a mitigating factor, it was only to a limited degree.
The steps that Hubtex could have taken to eliminate the risk were found to be simple, well known, and inexpensive. A failure to implement…
…time. This is known as ‘sunsetting’.
If you have a ‘zombie’ agreement and do not want it to be terminated. You can apply to the FW Commission to extend a zombie agreement in certain circumstances and before 6 December…
…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. In some instances, contracts may need to be varied or extended. Where…
…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…
…review the applicable Modern Award to ensure compliance prior to issuing notice of your annual shutdown to ensure compliance with your applicable Award.
Should you wish to discuss further please reach out to the Master Builders Workplace Relations and…
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What is Vicarious liability?
Vicarious liability is the responsibility an employer has for their workers’ wrongful actions that are committed within the scope of their employment. It often arises in situations where an employee is harassed or discriminated
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As the person with control of the site, you also have obligations to comply with when an entry permit holder is exercising his or her rights under the respective legislation. These obligations are summarised below:
Not refuse…
…areas of the new planning system. Once complete, participants are encouraged to register for an advanced breakout session for specific topics.
Development Assessment Process – Advanced breakout session
11:45am – 12:45pm Explore Development Assessment for both standard and…
…carpentry apprenticeship looks like, and career progression opportunities.
Section 2A: Employer Networking Session in Workshop, combined with Workshop Tour (POTENTIAL APPRENTICES ONLY)
An opportunity for employers to meet with prospective carpentry apprentices and discuss the next steps in…
…a new EBA or terminated by the Fair Work Commission. The provisions of your EBA are still enforceable after the nominal expiry date. Employers are not legally required to apply for a new EBA before or after the nominal expiry…
…of the Unit Title being granted. These changes should help streamline the unit titling process.
More information about the reforms, including other changes made as part of the package of reforms are explained on the Managing Buildings Better website.
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…bales.
The Employer pleaded not guilty to the charge of noncompliance and argued that their duty had been met due to the implementation of a company wide ‘safety system’ and ‘safety induction program’ which was in operation across all…
…complying with the new silica dust regulations. Prohibition and infringement notices have been issued to PCBUs who are non-compliant.
If you have any questions relating to your obligation in relation to silica dust safety, please contact our Workplace Relations…
Members are reminded of their obligations to manage the risks to health and safety in the workplace, including managing psychosocial risks. The ACT Code of Practice in Managing Psychosocial Hazards commenced on 27 November 2023.
MBA has been
…
…the removal of programs to attract more women into the construction industry, the ACT budget fails to explain where the skilled workforce will come from to deliver more housing and infrastructure to support the ACT’s growth”, he said.
Mr…
Work Health and Safety Ministers have agreed to an immediate reduction to the workplace exposure standard (WES) for welding fumes. The change to the WES will become mandatory once implemented in the WHS/OHS laws in the Commonwealth, states and
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The short answer is yes provided that the employer complies with the relevant legal requirements and, if any, the relevant workplace procedures. The management of one’s performance is often not a quick, simple or easy process. Where there is
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…requires –
A permit holder must not exercise a State or Territory OHS right unless he or she complies with any reasonable request by the occupier of the premises to comply with an occupational health and safety requirement that…
…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.
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…or disputes with neighbouring owners or residents; civil commotion or industrial disputes affecting any of the trades employed on the building work or supply of material for the building work; or any act, default or omission on the part of…
…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…
Do I have to give three warnings before I terminate an employee?
There is no specific legal requirement to give an employee exactly three written warnings before terminating their employment. However, the Fair Work Commission typically expects employers
…
…Closing Loopholes No.2 Act introduced an “opt-out” option for contractors who earn above the high contractor threshold to elect not to be covered by the new “employee” definition that will come into effect on 26 August 2024. That is, a…
The Work Health and Safety Regulation 2011 (ACT), section 50 requires a person conducting a business or undertaking (PCBU) to carry out air monitoring at the workplace to monitor airborne contaminant levels. Commonly known airborne contaminants in the construction
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…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…
…under the FW Act, even if they may be non-compliant in terms of immigration law or visa conditions. Increasing the flexible unpaid parental leave entitlements from 6 weeks over 24 months to 20 Creating an entitlement to superannuation in the…
…and to assess the impact on projects currently in the early planning stages.’
‘The MBA is calling for a minimum six-month transition period from the release of the full set of planning documents and a genuine commitment from Government…
…part of the statement of requirements for school construction and is included in all school construction contracts. The interpretation of, and changes to, the standard EDIS technical specifications outlined in this document is also a common source of dispute and…
…the ACT Heritage Council – Public Report (999.6 KB).
A further decision on the ACT Heritage Council, pursuant to the Heritage Act 2004, is expected in the coming weeks. Information on this decision will be made available once made.
…
…and visitors at your workplace.
Make sure the workers are aware of their responsibilities and are complying with the COVID-19 Safety Plan at the workplace.
Please check ACT COVID-19 for the current ACT COVID-19 restrictions. For more information…
…STO.
English language skills need to be sufficient to understand and comprehend written and verbal instructions.
Numeracy skills are needed to interpret calculations and formulas.
CONTENT Workplace Health and Safety Personal equipment and chainsaw kit Chainsaw…
…the other party and keep a note of the date the payment claim has been sent to the other party. Your claim might also include attachments such as completion certificates, photos/videos, delivery documents, or other documents applicable to the contract.
…
…then need to complete a Notification of incident form and email it to them at worksafe@worksafe.act.gov.au.
WorkSafe ACT must be notified immediately after you become aware of the incident. If the notifiable incident is a result of more than…
Following its introduction in July this year, the Parliament yesterday passed the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 with some amendments.
The Committee may recall that the Bill amends the Fair Work Act
…
…assisting MBA argue against any unfavourable changes for our industry. Please note that this survey closes on Monday 14 November 2022.
We would appreciate you completing our short survey via the link below:
Construction Industry Annual Shutdown Survey
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…of people are being placed on a waiting list for the training. MBA has been advocating for our members and industry for an extension or transition period for the completion of mandatory training. The ACT Government has not given any…
…of unions Right of entry and union membership Industrial action Protections at work including protection from discrimination Ending employment Independent contractors
If you have a current matter that is being investigated by the ABCC, you will be advised when…
Earlier this year, the Fair Work Commission made its decision to increase the national minimum wage from 1 July 2020. The Commission noted that the increases to the modern Awards would be made in three stages, as a result
…
In the recent matter of SafeWork NSW v MMP Industrial Pty Ltd (NSW) the PCBU was found guilty on a criminal charge for failing in its duty of care as set out in the WHS Act which resulted in
…
On 2 June 2023 the Fair Work Commission handed down its decision to increase the National Minimum Wage and Award Minimum Rates by 5.75%.
This increase will come into effect from the first full pay period after 1
…
…The operation of the ACT planning system directly impacts approximately 20,000 people working in the local industry and helps deliver $4.5 billion worth of building and construction work completed each year. In turn, this helps generate approximately $1 billion in…
MBA ACT can assist its members with their enterprise agreement approval process. This is a complimentary service provided to members.
In addition to assisting you with the process, we can also represent you as an employer representative in
…
…to provide him with any relevant training. The Queensland Industrial Relations Commission found that the worker was provided with plenty of relevant training about how to operate the tractor, including about the importance of using shadow vehicles and traffic control….
Joy is a Workplace Relations and Legal Adviser with MBA Legal.
1. What work did you do before here?
I was an immigration lawyer for 1.5 years, then worked as a compliance officer in a fire
…
…undertaking (PCBU) must ensure all workers on site have completed training in crystalline silica awareness. This mandatory training requirement also applies to all out of state workers from 1 July 2023.
Members are reminded that all relevant employees must…
MBA ACT can assist its members with their enterprise agreement approval process. This is a complimentary service provided to members.
In addition to assisting you with the process, we can also represent you as an employer representative in
…
…If you are unsure what form this notice should take the Fair Work Commission has published a Template notice to assist you as well as a Written notice guide.
You can find more information on your responsibilities here, or
…
…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 the ACT to meet a new minimum energy efficiency standard for ceiling insulation. This new standard commenced from 1 April 2023, with a phase-in period extending to 30 November 2026.
Delivery of the unit includes one day of…
…that the dust levels did not exceed the threshold.
Why is this important:
Members are reminded that they are required to ensure the safety of all employees on site and in the workplace. Failure to comply with the
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…2022 (the Bill). The ABC Commissioner retains responsibility for all cases involving the ABCC that are currently before the courts. These cases will remain with the ABCC until the amendment of the BCIIP Act. The Bill provides for the transition…
…business to stay in business and keep their employees in jobs Targeted support for the most severely affected sectors, regions and communities; Household stimulus payments that will benefit the wider economy
We strongly back the moves to back businesses,
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…in Canberra through Operation Safe Prospect. This operation has had a particular focus on residential sites however all MBA members are reminded to ensure that they know and understand their obligations when it comes to safety This extends to the…