Q&A with Kristie Burt

Posted 24 May 2019

Q&A with Kristie Burt

Q: My Enterprise Agreement’s expiry date is coming up soon. Does this mean it will no longer exist?

A: No and please do not assume that the Enterprise Agreement no longer applies. This is due to the provisions in the Fair Work Act 2009 (Cth) which provide that the Enterprise Agreement will continue to operate until such time as it is varied, replaced or terminated.

The nominal expiry date is better thought of as a reminder for the parties to consider and/to commence further negotiations about the terms and conditions of the employment relationship between the parties from after this date.

 

Q: I supply PPE gear for my workers – is this all that I am required to do?

A: There is more to your obligations than simply providing personal protective equipment (PPE). The Work Health and Safety Regulations 2008 (ACT) also provides that the person conducting a business or undertaking (PCBU) must also:

  •  Make sure that the PPE chosen is suitable with regard to the nature of work and is comfortable and suitable for use/wear by the workers (Section 44(3)(a));
  •  Make sure that the PPE is maintained, repaired or replaced to ensure that it continues to minimise the risk to the worker (Section 44(3)(b)); and
  •  Must provide the worker with information, training and instruction regarding the proper use and wearing of the PPE and the storage and maintenance of the PPE (Section 44(4)).

A failure to provide such training can result in penalties of $6,000 for an individual and $30,000 for a company.

 

Q: I have a handover inspection coming up but I am worried that the client will nitpick everything during the walk-through.  Do you have any tips? 

A: First and foremost, make sure that you are clear on the practical completion process under your contract. There are certain requirements to notify when practical completion has been reached, what the process is for inspection, requirements for rectification works and then payment and handover of the property to the client.

Here is a simple list of questions to help you prepare for practical completion:

  • What is the process for practical completion under your contract– notification and arranging inspection?
  • Have you met the definition of practical completion?
  • When and how is the client to notify you of any defects that require rectification so as to meet practical completion?
  • Do you know what constitutes a defect which would prevent practical completion being reached? Is the client on the same page?
  • Could an independent consultant assist with the inspection process?

Once practical completion has been reached, you can then expect to receive payment and to hand the keys over to the client. Practical completion also triggers the start of the defects liability period.

 

Q: If I don’t have my Secure Local Jobs Code Certificate, can I tender for ACT Government-funded work?

A: Unfortunately not. The implementation of the Secure Local Jobs Code from 15 January 2019 requires a SLJC Certificate to have been obtained prior to tender for such works. This certificate shows that the business has been deemed to be a Code Certified Entity (CCE).

The Secure Local Jobs Code Registrar has asked MBA to remind its members that where the business tendering for the works is not a CCE, any tender submitted will not be a compliant tender and consequently will not be eligible for consideration.

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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