Q&A With Kristie Burt

Posted 10 May 2019

Q&A With Kristie Burt

Q: What is the go with the requirement to notify the union/s of a major construction project?

A: If you have signed a contract after 1 January 2019 and the value of the contract is more than $5 million, you have an obligation to notify all eligible unions of the project, as well as the number and composition of the work group/s to be represented by the health and safety representatives (HSRs) and the proposed number of HSRs and deputy HSRs for the project.

You need to complete and provide the Notice of Requirement to Consult with each Eligible Union for the Major Construction Project. The List of Eligible Unions can be found here.

 

Q: Following on from last week, I want to know more about taking on employees. What sessions do you have coming up?

A: I will be presenting a workshop on 22 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. Alternatively, you can call or email me to discuss your queries at any time.

 

Q: Our son’s friend is looking to do some labouring work for us in the next school holidays. What rate of pay should we pay him? 

A: Good on you for considering taking him on in the holidays. It is a great place to get started and to essentially dip his toes in the water (so to speak).  

The Building and Construction General On-Site Award 2010 (the Award) doesn’t provide for any junior rates but for those of apprentices. Consequently, if he is labouring, he would be entitled to receive the CW1(a) rate of pay if he is new to the industry. Other entitlements such as the travel allowance is also likely to be payable when he is required to make his own way to and from work. 

Other considerations include:

  • His age. If he is under 15, you will need to have permission from his parents and he will be limited to 10 hours of work per week;
  • Does he have his white card?  If required, has he also done his Asbestos Awareness training?
  • He will need to be treated like an older employee and would be entitled to receive any other benefits that might be payable under the Award. 

If you mentor this young guy properly, he could be your next apprentice and another good worker entering the industry in the future.

 

Q: I have received an invoice from a subbie which says something about being a payment claim under the ‘Building and Construction Industry (Security of Payments) Act 2009’. What is my timeframe to respond?

A: Good on you for making contact. You will need to review the invoice received and whether you intend to pay the full amount, part or none at all.

If you do not intend to pay the full amount under the payment claim, you will need to respond with a Payment Schedule to the Claimant no later than 10 business days after receiving the payment claim. 

There are specific requirements for the Payment Schedule so as to comply with your obligations as the Respondent:

 

  • Delivered to the Claimant no later than 10 business days after receiving the payment claim;
  • Be in writing and addressed to the Claimant;
  • Identify the payment claim to which it relates;
  • State the scheduled amount that you propose to pay (which can be $0), as well as your reasons for the reduction in the payment or non-payment.

 

Further information on your obligations under the ACT Security of Payments legislation can be found here.

 

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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