on-site insight 4 - 2009

8
1 The Federal Government’s new industrial relations regime, the Fair Work Act, commenced on 1 July 2009. Here is an outline of the main changes under the new IR rules. The Act contains a new ‘safety net’ of 10 legislated National Employment Standards (NES) from 1 January 2010: Maximum weekly hours of work (38 hours, plus reasonable additional hours) Requests for flexible working arrangements Parental leave Annual leave Personal/carer’s leave and compassionate leave Community service leave Long service leave Public holidays Notice of termination and redundancy pay A Fair Work Information Statement Modern awards ‘Modern Awards’ incorporate the National Employment Standards (NES) and other award conditions. Minimum wages will not form part of the NES, instead minimum wages will be included in awards from 1 January 2010 and will be the responsibility of Fair Work Australia. New rights and obligations Under the Fair Work Act employers are obliged to bargain in good faith when setting workplace agreements. The requirements include attending and participating in meetings, disclosing relevant information and giving genuine consideration to and responding to proposals. Unions have new rights of entry, allowing them to hold discussion with anyone who performs work on the premises and to investigate a contravention of the Fair Work Act or a Fair Work instrument. Entry is permitted even when not invited as long as at least one person is a union member. Fair Work Australia replaces the Industrial Relations Commission, the Workplace Ombudsman, Workplace Authority and the Australian Fair Pay Commission. Fair Work Australia has powers including to mediate where agreements can’t be reached and involvement in unfair dismissal claims. Fair Work Australia takes on a number of powers previously held by other workplace relations agencies. Many small businesses that were previously exempt are now covered by the new unfair dismissal laws, Fair Work Australia can arbitrate unfair dismissal cases and is required to give preference to a return to work rather than compensation unless it is not in the interests of both parties. Employees of a small business will only be able to claim for unfair dismissal after they have been employed for at least 12 months. To dismiss someone fairly after 12 months the employer will have to comply with the Fair Dismissal Code for Small Business. Small business employers are exempted from the general redundancy pay obligations. For more information contact Master Builders. The Federal Government’s new industrial relations regime – Fair Work Australia – commenced operation from 1 July. This editorial outlines some of the key changes in the industrial relations rules. FairWorkact the key changes EDITION 4–2009 Master Builders Association of the ACT 1 Iron Knob St, Fyshwick ACT 2609 PO Box 1211, Fyswick ACT 2609 Tel: (02) 6247 2099 Fax: (02) 6249 8374 Email: [email protected] Web: www.mba.org.au MASTER BUILDERS ExECUTIvE COUNCIL President – Ross Barrett Treasurer – Simon Butt Commercial Builders Council Chair – Sam Delorenzo Civil Contractors Council Chair – Peter Middleton Residential Builders Council Chair – Andrew Kerec Professional Consultants Council Chair – Hans Sommer Suppliers and Subcontractors Council Chair – Peter Fairburn MASTER BUILDERS MANAGEMENT TEAM Executive Director – John Miller Deputy Executive Director – Jerry Howard Director Industrial Relations – Frank Gillingham Director Skills Development & Research – Grant Daly Marketing & Membership Development Manager – David Leitch MASTER BUILDERS GROUP TRAINING General Manager – Wendy Tengstrom

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Page 1: On-Site Insight 4 - 2009

1

The Federal Government’s new industrial relations regime, the Fair Work Act, commenced on 1 July 2009.

Here is an outline of the main changes under the new IR rules.

The Act contains a new ‘safety net’ of 10 legislated National Employment Standards (NES) from 1 January 2010:

Maximum weekly hours of work (38 hours, �plus reasonable additional hours)

Requests for flexible working arrangements �

Parental leave �

Annual leave �

Personal/carer’s leave and �compassionate leave

Community service leave �

Long service leave �

Public holidays �

Notice of termination and redundancy pay �

A Fair Work Information Statement �

Modern awards‘Modern Awards’ incorporate the National Employment Standards (NES) and other award conditions. Minimum wages will not form part of the NES, instead minimum wages will be included in awards from 1 January 2010 and will be the responsibility of Fair Work Australia.

New rights and obligationsUnder the Fair Work Act employers are obliged to bargain in good faith when setting workplace agreements. The requirements

include attending and participating in meetings, disclosing relevant information and giving genuine consideration to and responding to proposals.

Unions have new rights of entry, allowing them to hold discussion with anyone who performs work on the premises and to investigate a contravention of the Fair Work Act or a Fair Work instrument. Entry is permitted even when not invited as long as at least one person is a union member.

Fair Work Australia replaces the Industrial Relations Commission, the Workplace Ombudsman, Workplace Authority and the Australian Fair Pay Commission. Fair Work Australia has powers including to mediate where agreements can’t be reached and involvement in unfair dismissal claims. Fair Work Australia takes on a number of powers previously held by other workplace relations agencies.

Many small businesses that were previously exempt are now covered by the new unfair dismissal laws, Fair Work Australia can arbitrate unfair dismissal cases and is required to give preference to a return to work rather than compensation unless it is not in the interests of both parties.

Employees of a small business will only be able to claim for unfair dismissal after they have been employed for at least 12 months. To dismiss someone fairly after 12 months the employer will have to comply with the Fair Dismissal Code for Small Business. Small business employers are exempted from the general redundancy pay obligations.

For more information contact Master Builders.

The Federal Government’s new industrial relations regime – Fair Work Australia – commenced operation from 1 July. This editorial outlines

some of the key changes in the industrial relations rules.

Fair Work actt h e k e y c h a n g e s

Editio

n 4–2009

Master Builders Association of the ACT1 Iron Knob St, Fyshwick ACT 2609

PO Box 1211, Fyswick ACT 2609Tel: (02) 6247 2099Fax: (02) 6249 8374

Email: [email protected]: www.mba.org.au

MASTER BUILDERS ExECUTIvE COUNCIL

President – Ross Barrett

Treasurer – Simon Butt

Commercial Builders Council Chair – Sam Delorenzo

Civil Contractors Council Chair – Peter Middleton

Residential Builders Council Chair – Andrew Kerec

Professional Consultants Council Chair – Hans Sommer

Suppliers and Subcontractors Council Chair – Peter Fairburn

MASTER BUILDERS MANAGEMENT TEAM

Executive Director – John Miller

Deputy Executive Director – Jerry Howard

Director Industrial Relations – Frank Gillingham

Director Skills Development & Research – Grant Daly

Marketing & Membership Development Manager – David Leitch

MASTER BUILDERS GROUP TRAINING

General Manager – Wendy Tengstrom

Page 2: On-Site Insight 4 - 2009

2

The latest update includes the following details of progress on individual projects:

Under the National School Pride program (NSP)

The ACT has been allocated approximately $20 million to refurbish and renew existing infrastructure and build minor infrastructure (for example, shade structures) in secondary and primary schools. Work on projects approved under Round 1 must be completed by the end of December this year. Work on Round 2 projects commenced in July 2009 and must be completed by 1 February 2010. Project Managers are in place for the government school works, and are establishing facilities on site and commencing work to ensure completion of all projects on time.

The first National School Pride project to be completed in the ACT, was a shade structure at Turner Primary School.

Under the Primary Schools for the 21st Century program(P21)

The ACT has notionally been allocated $208 million over three funding rounds to build or renew large scale infrastructure, including libraries,

halls and classrooms in all primary and special schools. The Commonwealth has now approved P21 projects for all ACT public schools. The latest round of projects was

announced on 10 June with 78 projects at 67 schools receiving total funding of just

over $140 million. $106.8 million was announced for 53 projects at 51 public schools and $33.7

State and Federal Governments have agreed on uniform energy efficiency standards for new construction and ACTPLA has released a discussion paper on proposed changes to the ACT House Energy Rating Scheme.

State and Federal Governments have agreed on uniform energy efficiency standards for new construction. At the same time, ACTPLA has released a discussion paper on proposed changes to the ACT House Energy Rating Scheme and to the regulation of building energy assessors.

While welcoming the Council of Australian Government’s agreement on new higher energy efficiency standards in construction, Master Builders Australia was concerned the policy was focusing on raising standards in new buildings rather than on measures to encourage improved energy efficiency in existing buildings.

Master Builders believes that the focus of efforts to reduce energy consumption and thus greenhouse gas emissions should be on increasing the energy efficiency of existing buildings.

Since new building replaces only about 2 per cent of the stock each year, Master Builders strongly recommends that the Government’s policy focus should be on retrofitting the existing stock of buildings to make them more energy efficient and therefore less carbon intensive. Master Builders believes that there is more scope for the Government to examine tax incentives such as accelerated depreciation for major capital improvements to achieve this aim.

COAG agreed that from 2011 the energy efficiency rating for houses will increase from 5 to 6 stars. Mandatory disclosure of energy efficiency for commercial buildings will commence in 2010 and for residential buildings by 2011.

Five key measures were agreed on to improve the energy efficiency of residential and commercial buildings across Australia:

New coNstructioN energy standards

The ACT Government Stimulus Plan Taskforce has released a Progress Report for July 2009 detailing the expenditure of Commonwealth Stimulus Package funding in the ACT.

aCtstimuluseConomiC

PlantaskforCeProgressrePort

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reforming current building energy efficiency �standard and assessment processes to achieve consistency across the nation.

COAG also agreed to reform the current rating and assessment processes for building energy efficiency standards. The reform objective is consistent application across Australia while at the same time ensuring standards are climatically relevant.

Master Builders welcomed a number of outcomes from the COAG meeting, including the national approach to reduce inconsistencies between state jurisdictions, and the greater clarity around the process of introducing new measures.

The decision to incorporate energy saving hot water systems and lighting into the star ratings system, as suggested by Master Builders Australia, will also allow overall

energy targets to be achieved more efficiently and in a more flexible way.

At the same time ACTPLA has published a discussion paper on energy ratings for ACT construction.

The paper addresses issues relating to changes in provisions for home energy ratings under the ACT House Energy Rating Scheme (ACTHERS) and the proposed introduction of licensing requirements for building energy assessors. These reforms will impact industry participants, consumers and other stakeholders.

The discussion paper deals with alternative acceptable methods to be used by building certifiers to determine energy efficiency, under the new rules.

million for 25 projects at 16 non-government schools. The non-government sector will lodge applications for consideration under Round 3 with approvals to be announced late in July 2009.

Examples of P21 projects include Gowrie Primary School which is constructing a new multi purpose building, and Brindabella Christian College in Lyneham which is constructing a library and Early Learning Centre.

Project Managers are engaging consultants to undertake design works and consultations with school principals on the details of the new works at each school is continuing.

Under the Teaching and Learning Capital Fund (TLCF) for Vocational Education and Training (VET)On 21 May 2009 the Commonwealth announced that six Canberra Institute of Technology (CIT) projects had been approved for over $3 million of funding under the Better TAFE Facilities element of the TLCF. The funding covers projects at the Reid, Sutton Road, Bruce, Fyshwick and Southside campuses.

The one ACT application lodged under the Training Infrastructure Investment for Tomorrow (TIIFT) element of this fund was approved by the Commonwealth in late June. This project will provide a purpose built facility at the CIT Bruce Campus for hands-on green skills training in emerging sustainable technologies for both residential and commercial construction sectors.

increasing the stringency of energy �efficiency requirements for all classes of commercial buildings in the Building Code of Australia from 2010

phasing in the mandatory disclosure of the �energy efficiency of commercial buildings and tenancies from 2010

increasing energy efficiency requirements �for new residential buildings to six stars, or equivalent, nationally in the 2010 update of the Building Code of Australia, as well as introducing new efficiency requirements for hot-water systems and lighting

phasing in mandatory disclosure of �residential building energy, greenhouse and water performance at the time of sale or lease, commencing with energy efficiency, from May 2011

Under Social HousingThe Commonwealth made $3.2 million available to the ACT for repairs and maintenance in both 2008-09 and 2009-10. The work in 2008-09 covers 143 properties at a total cost of $3.2 million. All 2008-09 works were completed two weeks ahead of schedule

The remaining $3.2 million for 2009-10 rolled out on 1 July 2009 on a pre-approved program. The 2009-10 program will see the refurbishment of approximately a further 100 dwellings ensuring the return to the ACT’s social housing stock of some 243 dwellings in total.

57 public housing properties will be constructed in the ACT beginning in June 2009. The work will be undertaken through Housing ACT’s panel of builders which was expanded through a public process with Procurement Solutions earlier this year. Slabs were to be laid on these properties during July 2009. All projects have to be completed by 30 June 2010.

Under Regional and Local Community Infrastructure (RLCIP) ProgramThe ACT Government submitted a proposal for a total of $8 million to upgrade the public realm in Civic under this component of the Stimulus Package. The submission was not successful.

The ACT received $2 million in funding under the RLCIP to fund upgrades of Eddison and Glebe Parks. The development applications

for the upgrades have been approved and the work is due to be completed by the end of September 2009.

Under the Jobs FundThe ACT Government’s application to restore the Old Tuggeranong Schoolhouse was recently approved with funding of $75,000 under this component of the Nation Building Program. Work has to be completed by January 2010.

Under Black Spot ProjectsEight Black Spot projects received a total of $1.8 million in Nation Building funding. These projects involve high priority intersections for safety improvement in the ACT road network

Under the Roads to Recovery ProgramIn addition to the Kings Highway ($9.5million) which is scheduled for completion in September 2011, other projects have been now been approved for funding. These include $11 million for the Tharwa Bridge sub-structure, where tenders have closed and construction is scheduled for completion in 2011 and the Barry Drive Bus lane which received funding of $2.5 million and is scheduled to be completed in 2011.

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Figure 1

Figure 2

1200 mm

1200

mmClear space

Figure 3

Single Skin MasonryCompressible foam joint filler and mastic-backing built in by bricklayer

Tubular polythene foam backing installed in open joint left by bricklayer

Gap formed by removable spacer

Masonry flexible anchor

10

WallMastic sealant

Mastic sealant

Alternative Joint Detail

Construction of sanitary compartments (F2.5 and 3.8.3)There has been some confusion around how the clear space of 1.2m is measured between the closet pan within the sanitary compartment and the doorway. The above diagram clearly illustrates how the 1.2m arc is applied. If you don’t comply with these requirements, then the door must open outwards, slide or be readily removable from the outside.

Articulation joints (3.3.1.8)There is an additional requirement in BCA 2009 for articulation joints adjacent to garage doors. The primary purpose of this amendment is to address issues with instability of brickwork over openings where it is likely that attachments, such as basketball rings, may be attached. The new requirements

Wire balustrades verification (DV1 and V2.5.1)A wire balustrade complies with the performance requirements of the BCA when the wire balustrades is verified and passes the test described in the BCA. The test must be carried out on either a prototype of a wire balustrade that is identical to that proposed to be installed onsite or a wire balustrade installed onsite. Refer to BCA vol 1 and 2 for details of the test equipment to be used. Figure 1 illustrates a typical test apparatus. For more precise detail refer to BCA.

some key Changes in BCa 2009The following outlines some of the changes to the Building Code of Australia (BCA) that may

have been confusing. We have added explanatory diagrams where necessary.

Retaining walls barriers (D2.16 and 3.9.2)Balustrades or other barriers are not required to the top of a retaining wall unless the retaining wall forms part of, or is directly associated with a delineated path of access to

provide that articulation joints over garage doors are not permitted unless masonry is reinforced or lateral support for the masonry is provided. This can be provided by tying the two leaves of brickwork together or attaching ties to the vertical leg of the arch bar supporting the brickwork. Refer to Figure 3 for typical articulation joint construction.

a building from the road, or a delineated path of access between buildings.

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Figure 4

Figure 6

Figure 5

Gutter on face of wall

Gutter on top of wall

x = 2.4m Habitable RoomY = 2.1m Non-habitable Room

Non-combustible roofing

Non-combustible roofing

Non-combustible fascia and gutter

Barrier required for loose fill insulation or loose combustible materials

Transformer

Building element above fitting

D A

C

B

Building structural member

Thermal insulation

Recessed Luminaire

Non-combustible gutter and flashing (position and shape indicative only)

Brickwork cut around truss or rafter

2/3

2/3 1/3

1.5m

Min

2.2m

Min

x,Y

1/3

Typical Standard Residential Construction

Typical Attic Construction

Ceiling insulation (3.12.1.2)Figure 4 is an extract from AS3000 – Electrical Wiring Rules – regarding clearance around downlights. Where, for operational or safety reasons, ceiling insulation cannot be installed at or around exhaust fans or recessed downlights, a reduction of insulation of 1% or more of the ceiling area must be compensated for by proportionately increasing the Total R-value of ceiling insulation in the remainder of the ceiling. So, typically, in our climate zone, which is 7, this means that if the percentage of ceiling insulation is reduced by 1% to less than 2%, then the R-value of the ceiling insulation has to be increased by 25% to compensate for the loss of insulation due to clearance around recessed downlights etc.

Ceiling heights (F3.1 and 3.8.2.2)There has been some confusion in the industry regarding reduction in ceiling heights, especially in habitable rooms. BCA 2009, Part 3.8.2.2 endeavours to explain this using a combination of words. However Figure 5 explains in graphical terms how ceiling heights can be reduced and still comply with the BCA. For those of you who have been around for many years, you will understand that these rules have been applied in the past. The situation now is that in a room or space with a sloping ceiling or projections below the ceiling line, a habitable room in an attic (see Typical Attic Construction) must have a height of not less than 2.2m for at least 2/3 of the floor area of the room or space and, in the other rooms, a height of not less than 2.4m over 2/3 of the floor area of the room or space. In a non-habitable room, a height of not less than 2.1m for at least 2/3 of the floor area of the room or space (see Typical Standard Residential Construction) is required. When calculating the floor area of a room or space, any part that

Dimension Incandecent Lamp Halogen Lamp

A – clearance above luminaire 50mm 200mm

B – side clearance to structural member 100mm 200mm

C – clearance to thermal insulation 50mm 200mm

D – clearance to supply transformer 50mm

has a ceiling height of less than 1.5m is not included.

Typical construction of external walls (3.7.1.5)Firgure 6 explain what typical construction is required to satisfy the construction of external walls within 900mm of the property boundary. There is no longer a requirement in the BCA for the gap between the top of the

external brick skin and the underside of the non-combustible roof to be packed with a fire-resisting material. This is a sensible change, however, in practice there are still builders who are adopting the old method. Please note that a separating wall between two residential units must have any gap between the top of the wall and the underside of the roof covering packed with mineral fibre or other suitable fire-resistant material.

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will be recognised in NSW, according to the ORS. They will be subject to automatic recognition – there will be no requirement to obtain recognition in other states or territories.

According to the ORS, possession of a Construction Induction Card will be mandatory for work on a construction site in the ACT from 1 October 2009, in accordance with the National Code of Practice for Induction for Construction Work.

Under the new National Standard for Persons Performing High Risk Work, Certificates of Competency will be replaced by licenses. Whereas certificates were valid for life, licenses will be renewable after five years.

All training and assessment for the licenses must be undertaken through a Registered Training Organisation. When a person first applies for a license, they will be required to apply in the jurisdiction where their statement of attainment was issued.

Further details regarding how the licensing system will be implemented will be provided before 1 October 2009, by the ORS.

The ACT Government has foreshadowed that anyone working in construction activity in the ACT from 1 October 2009 will be required to hold a “Construction Induction Card”. To register for training contact Master Builders Group Training, Training and Professional Development Coordinator, Norma Inglis.

Other state and territory jurisdictions are also moving to adopt new licensing standards, which it is proposed will be harmonised across Australia by the end of 2009. Once issued by any jurisdiction, cards will be recognised in all other jurisdictions.

The ACT is also adopting the National Standard for Persons Performing High Risk Work from 1 October 2009. Other states and territories are moving to also adopt this standard also, and licenses issued by any jurisdiction will be recognised by all other jurisdictions. Details surrounding the licensing and induction card systems will be finalised over coming months by the ACT’s Office of Regulatory Services (ORS).

Details to be establishedCards and licences issued in NSW will be valid in the ACT and those issued by ACT WorkCover

PRESEnT FuTuRE CoMMEnT MuTuAL RECoGniTion

ACT Currently no requirement in ACT to hold OH&S induction card for work inside the ACT.

OH&S General Induction competency.

CPCCOHS1001A Work safely in the construction industry issued by accredited and registered training organisations.

Work Cover (ACT) will issue the OH&S General Induction Card on presentation of the statement of Attainment issued by the registered training organisation from 1st Oct 2009.

Master Builders Group Training is a registered training provider number (88 163) and accredited to deliver this competency.

Currently most ACT workers undertake NSW White Card (earlier known as the Green Card to meet NSW Work Cover requirement.

NSW Green and White Cards will be automatically recognised (grand-parented) under new national induction provisions.

No requirement for existing card holders to update to new OH&S General Induction competency.

All induction cards currently required in states and territories will be recognised under the new national General Induction Card provisions.

nSW White Card as mandated by NSW Work Cover OH&S General Induction competency. This will commence in September 2009.

Master Builders NSW is a registered and accredited provider and also holds the NSW Work Cover authority.

Work Cover NSW has legislated for the right to recognise accredited training providers beyond state training authority mandates. This means that not all General Induction competencies will be recognised by NSW Work Cover.

White and Green Cards recognised under new provisions.

Recognises national General Induction Card.

oThER STATES

Now delivering the OH&S General Induction competency

OH&S General Induction competency. Current induction card will be recognised under new provisions. Recognises national General Induction Card.

nT Currently no requirement in NT for an OH&S induction card to work inside the NT.

OH&S General Induction competency. Territory Construction Association (Master Builders federation members) will be able to provide access for NT workers to the General Induction competency through Master Builders Group Training.

NT Work Cover is currently aligning their local induction card requirements in line with national mutual recognition mandates. Recognises national General Induction Card.

constructionwill you Be ready Before 1 oCtoBer

From 1 October 2009 anyone working in construction activity in the ACT will be required to hold a “Construction Induction Card”.

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The building industry in the ACT is likely to avoid the new wave of uncertainty surrounding the future of home warranty insurance in NSW and victoria and some other states following notice that two of the five providers of the insurance in those states are to withdraw from the sector.

The ACT home building industry is quarantined from the situation in other states by Master Builders Fidelity Fund.

Master Builders Fidelity Fund provides the same level of consumer protection as provided for by Home Warranty Insurance providers. It was established in 2002, under the ACT Building Act following the collapse of HIH and the reluctance of other insurers to step into this gap.

CGU will cease covering builders in other states on November 30 and Lumley Insurance on 1 January. The two insurers covered about 7,500 of NSW's more than 30,000 home builders.

The NSW Office of Fair Trading's Home Warranty Insurance Scheme Board has held talks with vero (formerly Royal Sun Alliance) and is seeking assurances

from them and the two other remaining insurers, QBE and Calliden, that they will relax eligibility criteria so that builders previously covered by Lumley Insurance and CGU can be transferred to one of the remaining three insurers. vero, however, has said it would not be changing its eligibility criteria.

NSW acting Minister for Fair Trading Linda Burney said, "What we will know after the individual meetings is whether or not there are going to be some builders that will still be left without capacity for insurance from these three remaining insurers. If that is the case

then the government will take some remedial action.”

Master Builders Fidelity Fund Master Builders Fidelity Fund operates under prudential standards established under the ACT Building Act.

Under the ACT Building Act, Builders Warranty Insurance, up to a maximum sum insured of $85,000 per unit, must be provided against the insolvency of the builder during construction and against defects under the statutory warranty period. This Warranty Insurance must be provided for all residential construction and alterations with a contract price of $12,000 or more, but not for residential buildings of above three habitable storeys.

The warranty period is six years from completion for structural defects and two years for non-structural defects.

Master Builders Fidelity Fund was established to secure the future of the construction industry in the ACT when insurance companies were collapsing or withdrawing from the Housing Indemnity market. Master Builders

Association of the ACT recognised that a long-term solution was required

and Master Builders Fidelity Fund, administered by Master Builders

Association of the ACT, delivers warranty insurance to builders at the lowest possible premium rates. Consumers and builders can have confidence in the stability and the security of Master Builders Fidelity Fund.

PRESEnT FuTuRE CoMMEnT MuTuAL RECoGniTion

ACT Currently no requirement in ACT to hold OH&S induction card for work inside the ACT.

OH&S General Induction competency.

CPCCOHS1001A Work safely in the construction industry issued by accredited and registered training organisations.

Work Cover (ACT) will issue the OH&S General Induction Card on presentation of the statement of Attainment issued by the registered training organisation from 1st Oct 2009.

Master Builders Group Training is a registered training provider number (88 163) and accredited to deliver this competency.

Currently most ACT workers undertake NSW White Card (earlier known as the Green Card to meet NSW Work Cover requirement.

NSW Green and White Cards will be automatically recognised (grand-parented) under new national induction provisions.

No requirement for existing card holders to update to new OH&S General Induction competency.

All induction cards currently required in states and territories will be recognised under the new national General Induction Card provisions.

nSW White Card as mandated by NSW Work Cover OH&S General Induction competency. This will commence in September 2009.

Master Builders NSW is a registered and accredited provider and also holds the NSW Work Cover authority.

Work Cover NSW has legislated for the right to recognise accredited training providers beyond state training authority mandates. This means that not all General Induction competencies will be recognised by NSW Work Cover.

White and Green Cards recognised under new provisions.

Recognises national General Induction Card.

oThER STATES

Now delivering the OH&S General Induction competency

OH&S General Induction competency. Current induction card will be recognised under new provisions. Recognises national General Induction Card.

nT Currently no requirement in NT for an OH&S induction card to work inside the NT.

OH&S General Induction competency. Territory Construction Association (Master Builders federation members) will be able to provide access for NT workers to the General Induction competency through Master Builders Group Training.

NT Work Cover is currently aligning their local induction card requirements in line with national mutual recognition mandates. Recognises national General Induction Card.

Act quarantinedFrom warranty insurance

uncertaintyThe ACT home building industry is quarantined from

uncertainty about home warranty insurance in other states by Master Builders Fidelity Fund.

Page 8: On-Site Insight 4 - 2009

MIL

LIO

N

$0

$50

$100

$150

$200 New Homes

Multi Unit

Garages, Pools, Decks and Similar Structures

Commercial Building Work

Additions and Alterations (Residential)

Jul-09Jun-09May-09Apr-09Mar-09Feb-09Jan-09Dec-08Nov-08Oct-08Sep-08Aug-08

ACT PRIVATE SECTOR BUILDING ACTIVITY

The above graph and table below summarise private sector building activity for the various building sectors in the ACT over the past 12 moths. The values for each month are depicted in millions of dollars.

Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09Additions and Alterations (Residential) 2.86 4.67 4.89 4.19 2.79 2.03 4.74 3.87 3.15 4.12 6.86 4.83Commercial Building Work 9.40 196.82 125.86 28.18 21.94 15.63 27.61 10.06 35.59 27.49 42.55 57.82Garages, Pools, Decks and Similar Structures 1.24 2.40 1.85 2.03 1.60 1.19 1.79 1.52 1.48 1.34 2.09 2.40Multi Unit 5.05 37.15 50.13 16.45 11.77 3.56 4.87 14.73 0.94 0.00 4.57 41.44New Homes 27.67 24.93 20.46 23.40 18.57 15.40 27.15 40.64 58.64 20.50 42.59 43.08

8

Changes to the ACT Unit Titles Act which take effect in September mean that it will no longer be possible to use unit titles to create dual occupancies on single title blocks.

The changes made last year to the Unit Titles Act mean that in future dual occupancies will only be possible by subdividing a block and creating two separate titles.

The Master Builders Association of the ACT is concerned this requirement will effectively eliminate dual occupancy in suburbs where it is desirable because of the costs and impracticality of creating easements and new infrastructure.

The new rules preventing new unit title dual occupancies take effect on 9 September. ACTPLA has announced that applications for dual occupancy by this method must be lodged by 28 August.

ACTPLA said it has changed lodgement requirements in the lead-up to the deadline to help builders and others who might otherwise miss the cut-off point.

Previously a unit title application could not to be lodged until a Development Application (DA) had been lodged and approved with ACTPLA. Until 28 August ACTPLA will permit a unit title application to be lodged once a DA has been lodged and the appropriate fee paid.

A registered surveyor will then be able to prepare forms 1-3 for unit title applications for the construction of two units based on a lodged (or approved) DA for the construction of two units.

The requirement that all the buildings on the block must be constructed to at least the footings stage before a registered surveyor can survey the block has also been relaxed.

A registered surveyor will have to show the proposed buildings on the required forms as dotted lines rather than a solid line. Once the DA is approved and the buildings are constructed the registered surveyor must survey the buildings and amend the forms accordingly.

The unit title application cannot be completed until the whole development is built and a Certificate of Occupancy and Use is issued.

imPortant dates22 – 23 September 2009

Business in Focus Month Professional Development & Training Seminars

Master Builders will be holding a series of workshops to provide information on relevant hot topics such as building contracts, business structures, OH&S, contractor management, energy rating systems, condensation and more. This event is free for members, $150 for non-members.

9 October 2009

Master Builders Annual Dinner. This event provides members with the opportunity to network with fellow industry members. It also provides an annual forum for the industry to take stock of its performance and to consider the outlook for the coming year.

5 – 7 November 2009

National Conference. The theme of our conference is “Building a sustainable industry”. The conference sessions will focus on factors which will continue to impact on business into the future - the economy, climate change and workplace relations.

Dual occupancyends in september

Last year’s changes to the Unit Titles Act means that dual occupancies using unit titles will no longer be allowed in the ACT.

0020

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