Q&A with Kristie Burt

Posted 29 March 2019

Q&A with Kristie Burt

Q: I have been asked by a friend to use my licence for an upcoming project.  What are the risks?

A: There are so many – where do I start!? 

Some questions for you:

  • Will you be on site, supervising the works? If not, why not? 
  • Are you responsible for engaging the trades? If not, you as the licence holder will still be responsible for the building works on that site unless you have something in writing saying otherwise!
  • Are you being paid for the use of your licence?  How is this being managed?  Do you have a contract in place?

The most important consideration for you if you are thinking of letting your mate use your licence is what level of involvement are you going to have in this project and will you be on-site to supervise the works?  If your answer is ‘no’, ‘not much’ etc., I would advise you to strongly think about what your licence means to you.

Under the Construction Occupations (Licensing) Act 2004 (ACT) you have a number of obligations as a licence holder.  To see the summary of your responsibilities, click here.

If you do not adhere to your responsibilities as a licence holder, you can find yourself subject to disciplinary action which might lead to restrictions/conditions being placed on your licence, demerit points or in extreme cases, the suspension or cancellation of your licence. 

Your licence is your livelihood and any works against your licence will ultimately still be your responsibility!  Think about the arrangement very carefully before agreeing to it!

 

Q: What are my advertising obligations as a licence holder in the ACT?

A: If you are a licence holder (under the Construction Occupations (Licensing) Act 2004 (ACT)), any advertisement that you use will need to include the following information:

  • Name of the licence holder
  • The licence number (which should be issued under the name, mentioned above)
  • If a company, the ABN or ACN number.

This applies to individuals, partnerships and companies advertising in the ACT.  The maximum penalty for not advertising with the details prescribed in the legislation is $800 for an individual or $4,050 for a corporation.

To check a licence number, class of licence or the name of a licence holder, click here.

 

Q: What is the actual benefit of implementing a HR policy for my organisation?

A: There are a number of reasons as to why a HR policy will be beneficial for your organisation.  Think of it as the rules for your business, what you can expect of your employees and what they can expect of the organisation in particular circumstances. 

Generally a HR policy might cover major topics such as:

  • Employee code of conduct;
  • Equal Opportunity, Discrimination, Bullying and Harassment;
  • Employee entitlements under the Fair Work Act, such as Freedom of Association, the right to be represented, etc.;
  • Work, Health and Safety;
  • Hours of work;
  • The process for applying for leave (annual leave, personal and carers leave, etc.);
  • Grievance procedures;
  • Company issued equipment;
  • Privacy, Intellectual Policy and Security;
  • Business related expenses (such as travel);
  • Recruitment and selection;
  • Performance management, professional development and performance appraisals;
  • Termination of Employment.
  • Mobile phone usage at work.

Some organisations will cover all of these topics in one document, others will have multiple documents which all stand separately but will apply to all employees. 

The best way to develop policies is to also engage with your employees and have them contribute to the policy.  Simple policies that are easily read and understood are also recommended.

If you don’t have any policies in place, it might be worthwhile considering putting something in place.

 

Kristie Burt will be on leave between Friday 22 March 2019 and Friday 12 April 2019. 

For any IR and/or legal queries during this time, please contact Ashlee Berry

on 6175 5900 or aberry@mba.org.au.

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