Q&A with Kristie Burt

Posted 9 August 2019

Q&A with Kristie Burt

General Housekeeping:

  • Please be aware that due to an increase in call and email enquiries coming through, I might not always be immediately available.  If your enquiry is urgent, please let me (or our lovely receptionist) know and I will do my best to respond to you as soon as I can.  If the query is not urgent, I will endeavour to respond within 24-48 hours.

 

  • Just a reminder that to access the IR & Legal Services provided by MBA, you will need to ensure that you are a financial member for the 2019/20 period.  If you aren’t sure if your membership is up to day, call Kalli on 6175 5900.

 

Q: The PC that I am working for requires me to have a SLJC Certificate.  Who needs to have this Certificate?

A: My first question to you is whether this project is an ACT Government-funded project.  If so, the PC is right and you will need to have your SLJC Certificate before commencing the works.

The Secure Local Jobs Code (SLJC) which came into effect in January 2019, covers the following sectors:

 

  • Cleaning work;
  • Construction work;
  • Traffic Management; and
  • Security.

 

The SLJC Team has issued a Circular which defines what work needs a Code Certificate.  To see a copy of this Circular, click here.

 

Q: One of my apprentices has been taking ‘selfies’ whilst working on site.  What can I do to stop this!?

A:  Do you have a policy or contract condition that looks at the use of mobile phones when on site?  If you do, that’s great because your policy/contract should set out any disciplinary action which might apply. 

If not, you will need to have a chat to the apprentice to discuss the use of mobile phones when on site as well as discussing what is / is not acceptable behaviour.  Keep a note of this conversation and warn the apprentice that should this behaviour continue, it might result in disciplinary action.  It is also a good idea to have a tool box talk with all of your workers about what is considered to be acceptable phone use whilst on site.

 

Q: I have a worker who has asked to vary his start and finish times on a week about basis so that he can pick his kids up from school.  Should I document this? 

A: Yes, whilst this might seem like a simple arrangement, it is likely that if your worker is covered by a modern award, such as the Building and Construction General On-Site Award 2010, there will also be a requirement to document such an arrangement.  

Under this Award, the agreement (once reached) should be:

  • In writing and signed by the parties;
  • Set out the particular clause of the Award that you have agreed to vary and how this clause has been varied;
  • Detail how the arrangement will result in this employee being better off overall in relation to their terms and conditions of employment; and
  • Provide the date that this arrangement comes into effect. 

A copy of this agreement should also be given to the employee for their records.  This arrangement can be terminated by written agreement between you and the employee. 

Whilst this request is quite simple, remember that there might only be certain clauses that you can vary under an applicable Award.  Make sure to check before entering into such an agreement to make sure that it is compliant.

 

If you have any queries or would like to ask a question, please contact me on 6175 5919 or email kburt@mba.org.au.

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