IR Q&A Issue 2

Posted 2 November 2018

IR Q&A Issue 2

Q: I know my basic obligations as an employer under the Building Award. How do I go about checking if I am paying my workers right?

A: The Building and Construction General On-Site Award 2010 [MA000020] sets out the minimum entitlements for workers on-site including the minimum base rates, additional entitlements and other allowances which might also apply.

It is important that you are aware of these things so as to ensure that you’re paying your workers correctly. Master Builders has information available regarding the rates of pay and I would be happy to chat to you about your payslips and those entitlements that may apply to your workers.

Q: I have received a letter from the Union requesting copies of employee documents, such as payslips and the like. Do I need to comply with this letter?

A: It will depend on what is being requested in the letter and whether the letter also contains an authority from the employee of whom the documentation is sought.

Regulation 3.42 of the Fair Work Regulations 2009 (Cth) provides that where a request is made to inspect and copy records, the employer must make a copy available for this to occur. There are timeframes for the documents to be made available and these timeframes will depend on where the records are kept.

If you receive a letter requesting an inspection of records, please feel free to contact me to discuss your obligations.

Q: Is there an app available which I can use to work out if I should allow the union access to my site/records?

A: Yes, the Right of Entry app, developed by Master Builders ACT and Meyer Vandenberg is a useful tool and is readily available for download on your Apple products. We are looking into having it available for Android in the near future. Right of Entry allows you to answer a series of questions, to record details of a union visit and ultimately determine if you are required to allow the union access to your site and/or records under a right of entry permit. Remember, if you do have specific queries, you can still call me for assistance.

A ‚ÄėRight of Entry‚Äô workshop will also run at the Master Builders office on Tuesday 27 November 2018. This session will be presented by John Nikolic from Meyer Vandenberg. Keep an eye out for the flyer for this workshop to register your interest.

Q: Do I need to make an EOT claim for rain days?

A: Yes! Clause 15 of the ACT Home Building Contract provides that where the works are delayed by inclement weather such as rain, including the consequential effects of such weather, (e.g. inaccessibility to site), that the builder, where an extension of time is to be claimed is required to service a written notice to the client within 5 days of the delay occurring.

A sample notice is provided at Appendix F of the ACT Home Building Contract.

Q: How do I check if my current Enterprise Agreement is compliant with the 2016 Building Code?

A: You can apply for a Letter of Compliance from the Australian Building and Construction Commission (ABCC) which confirms that your enterprise agreement is compliant with the requirements of Section 11 the Code. I am happy to assist you with this process

More info:

Kristie Burt
Legal Manager
6175 5919
kburt@mba.org.au

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