Q&A with Kristie Burt
Q: My friend wants to start a building company and wants me to be the nominee. I have my own business and my books are pretty solid for the year. What should I be thinking about?
A: In the first instance, my advice would be to carefully consider what role you will be actually be playing in your friend’s business, how you would go about overseeing the building works that you and your licence will be responsible for supervising (both yours and his) and how you will go about looking after your own jobs in the most effective and efficient manner. Other considerations might include financial risk, level of control, regular review of works and consultation with relevant parties on-site (including the certifier).
If this is something that you’re interested in doing, make sure you do it properly. Something as simple as a contract setting the arrangement including any benefit that you might receive and the control you have over the project/s, could be the difference between a good and a bad outcome. If it’s not or if the terms cannot be clearly defined, don’t be concerned with declining the offer.
Your obligations as a licence holder are summarised here. Do what you need to do to protect your licence, it’s your livelihood!
Q: I want to know what my obligations are as an employer so I don’t get into any strife. Can you tell me where to start?
A: Simply, you will need to ensure that you’re compliant with relevant legislation such as the Fair Work Act 2009 (Cth) and other relevant legislation dealing with those other employment related topics such as superannuation, PAYG tax, portable long service leave, workers compensation, etc.
The first place to start is to think about the type of employee/s that you’re looking to take on. Where will you find them? Are they covered by an Award? How much will you pay them? From there, you can then think about the type of employment agreement you will need. Once they start, thinking
I will be presenting a workshop on 6 May 2019 at 8.00am on ‘Engaging Employees’. This session will provide a basic overview of your obligations as an employer, such as where to start, record keeping, tax, super, workers compensation and portable long service leave obligations and the different types of agreements you can/should enter into.
To register for this workshop, click here.
Q: Who is required to sign the Deed of Guarantee and Indemnity at Appendix D of the ACT Home Building Contract?
A: The Deed of Guarantee and Indemnity is used when an individual (sometimes not a party to the contract) is required to ‘guarantee’ the obligations of the client under the Building Contract. It is always recommended that the guarantor obtains independent legal advice prior to signing the Deed.
Examples of who might sign this document include:
- Where the client is a company or trust – the Director or Trustee.
If you have any queries or would like to ask a question, please contact me on 6175 5919 or email email@example.com