5 March 2019 / Update

March 2019 / Building Code Compliance

Over the last two years, Hutchies has been subject to over 130 site visits, inspections and audits by ABCC inspectors. In each instance, we are confident that Hutchies’ Site Management Teams have demonstrated Hutchies’ compliance with the Building Code applying to each project.

Whilst evidence of compliance is encouraging, there is no sign that the volume of inspections and the focus on Hutchies’ projects is reducing. It is therefore essential that Hutchies’ teams remain vigilant in the area of Building Code compliance and that you contact Ben Young on 0400 577 953 if there is any aspect of the Code that requires clarification. Two particularly useful resources to refresh your understanding of the Code are Hutchies’ Site Management Industrial Relations Guides and the Building Code Self Audit.

Status of Hutchies' Code Compliance

Building Code 2016 requires that any builder or subcontractor who wishes to tender for Government projects is not covered by an Enterprise Agreement that contains certain non-permitted clauses.

Hutchies currently has Code 2016 compliant agreements in Tasmania, Victoria and New South Wales. The process to have a Code 2016 compliant agreement registered in Queensland / Northern Territory is well under way, however, as it is not yet complete we are currently not permitted to submit expressions of interest or tender for federally funded projects nationally. If you are considering a project which may have federal funding attached to it, please contact Ben Young to discuss.

Right of Entry

Building Code 2016 requires that builders covered by the Code only allow Union Officials access to site in accordance with the Fair Work Act or Workplace Health and Safety legislation, however, in Queensland and Northern Territory, Hutchies’ current Enterprise Agreement includes a ‘Standing Invitation’ clause (cl 32.4) which means that until Hutchies’ Queensland / Northern Territory Agreement is varied to be Code 2016 compliant CFMEU Officials (including those without permits) are able to visit any project in Queensland and Northern Territory to meet with a member of the Hutchies’ Team.

Teams with projects in other States should follow the guidelines in the applicable Hutchies’ Site Management Industrial Relations Guide. If you are unsure of how to manage Right of Entry on your project, or if you are faced with a circumstance where there may be a breach of Right of Entry requirements, please contact Ben Young on 0400 577 953.

Paraphernalia

An area of the Code that has become a focus for the ABCC is the issue of paraphernalia.

Hutchies’ position with respect to paraphernalia is very clear. Site Managers are to ensure that no paraphernalia on the project implies that membership of a Union is anything other than a personal choice. An example of a non-permitted sign is one that reads: ‘No Ticket – No Start’. The Hutchies’ Site Management Industrial Relations Guides outline a procedure for removing posters that breach the Building Code and everyone is encouraged to re-familiarise themselves with that procedure.

To ensure paraphernalia does not breach freedom of association, Hutchies’ policy on sites where Union paraphernalia is present is to provide a balanced approach with Hutchies posters and flags around the project placed in alongside union paraphernalia. Each site must monitor the volume and type of paraphernalia on Hutchies’ projects by conducting twice daily inspections. If you require additional Hutchies’ posters or flags, please contact Sammy Fisher. Note: when rationalising the volume and type of Union paraphernalia on site, please be sensible regarding how the materials are dealt with. The sensible and respectful thing to do would be to remove those posters that are inappropriate and could be classified as breaches of the Building Code, and retain in your office and provide them back to the Delegate at the earliest opportunity. The Delegate will understand that Hutchies must comply with the requirements of the Building Code and the volume and / or type of posters displayed were not in accordance with those requirements.

Inductions

Ensure the Building Code and specifically Freedom of Association is covered in the induction using the standardised script which can be found on the Document Library

Ensure Delegates do not carry out inductions

Ensure all induction records are secured in a lockable cabinet immediately following the induction Ensure Hutchies’ Freedom of Association poster is displayed in the induction room. The poster is available on the Document Library

Training

If you or your team feel they need specific training on any aspect of the Building Code, please contact Ben Young to make the necessary arrangements.

Other points of note

Subcontract agreements

Remember to always use the updated subcontract agreements from Hutchies’ Document Library.

Non-citizens

The Code has specific requirements for builders or subbies wishing to engage non Australian citizens – if you are considering a new recruit that is not an Australian citizen and on any kind of visa, please contact Ben Young to discuss.

Delegates

Projects with Delegates are reminded that the Code requires Delegates to have a role outside of their delegate responsibilities – please contact Ben Young if you need to discuss.

Security of Payments 

Earlier this year we ran training nationally with respect to Hutchies’ obligation to report disputed or delayed payments to the ABCC. It is essential that everyone is processing claims and invoices regularly to ensure all payments are either paid by the due date or dealt with strictly in accordance with Security of Payments laws.  

Reporting of Stop work events

Hutchies has a requirement to report any industrial action on our projects. That is any stoppage that is not authorised or related to a legitimate concern for Health and Safety. If you have works stop on your project, please call Ben Young on 0400 577 953 on the day of the stoppage to discuss whether the stoppage is classified as industrial action. It is standard Hutchies’ practice to speak with Ben Young prior to submitting a report.

Sham Contracting

It is a breach of the Building Code and the Fair Work Act to engage in ‘Sham Contracting’.

A sham contracting arrangement is when an employer attempts to disguise an employment relationship as an independent contracting arrangement.

The ABCC website provides some guidance with respect to whether a worker is classified employee or an independent contractor. https://www.abcc.gov.au/resources/fact-sheets/independent-contractors/how-determine-if-worker-employee-or-independent-contractor Teams must be taking all reasonable steps to ensure subbies are not engaging in Sham Contracting arrangements on our projects.

ABCC Inspections 

Hutchies continues to receive around two unannounced inspections / site visits per week from ABCC inspectors. During these visits inspectors typically request various documents for inspection and often ask for copies of these documents. Under Section 74 of the Building and Construction Industry (Improving Productivity) Act 2016, ABCC Investigators have authority to enter Hutchies’ sites and to inspect and make copies of documents while on site. In order for us to keep a record of the exchange of documents please make a second copy of any documents provided to inspectors and send them to the Code Compliance Team along with a summary of what was discussed during the visit. In instances where Hutchies’ people are being asked to provide a statement, please contact Ben Young so that appropriate arrangements can be made to have a support person present.

Other Recent Activities

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17 January / New

Hutchies' meetings and key dates calendar for the year ahead is now available in Outlook and printable PDF.

Add Outlook Calendar

> Open Outlook

> Click 'calendar icon' in bottom left corner

> Click ‘Add Calendar’ button in top ribbon

> Select ‘Open Shared Calendar

> Type in ‘Hutchies Company Calendar’

> It will open and save in Shared Calendars

Watch Video

Downloadable PDF

We also maintain a printable A3 PDF of Hutchies' key meetings calendar. You can download, print and have this version in hard copy. Please note that sometimes dates do change, so be sure to regularly check that you have the latest copy.

Download PDF

Updates

Hutchies' Outlook calendar enables real-time updating of events in a format everyone is familiar with. We specifically only include events in this calendar that are relevant to all of Hutchies nationally to avoid overloading it with irrelevant information.

Annual updates are made for the year ahead roughly in October / November for:

> Company meetings (budgets, board meetings etc) by Natalie Roma to assist the regions in their local calendar planning

> Payment cutoff dates for middle and end of month runs by AP

> Public holidays / social events / observations by the Comms Team If there is an event applicable to all of Hutchies that you think should be included in the company calendar, please let us know.

Other Formats

Previously we published some key dates on Toolbox and through the Meetings for the Year PDF (published on the Doc Library).

Toolbox continues to be used to publish key updates through our Activities area, while the Meetings for the Year is a summary of the key meetings proposed for the years (ie doesn't have as much detail as our Outlook version).

Hutchies’ Toolbox Activities will remain your central go to point for all key company announcements / alerts.



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10 January / COVID-19

Government advice at all levels is changing rapidly. Hutchies will continue to communicate the latest relevant requirements to you as soon as information becomes available. 

Hutchies' teams working in Queensland must read the below, implement the changes and circulate the latest Industry Update with all Workers / Subcontractors / Suppliers as a priority. This enables everyone to be on the same page with how positive cases and close contacts are being managed on construction sites in Queensland.

Other states and territories have slightly different requirements but with the same principles, and these are being communicated separately to those relevant teams.

The processes outlined in this email are based on the latest advice as adopted by the Queensland Construction Industry Working Group and following direct advice and support from Queensland Health. The Industry Plan will continue to be updated as Government Directions are updated and guidance materials are released.

As cases continue to escalate throughout Queensland, it is important to remember that anyone you interact with could have COVID-19 and everyone should be extra vigilant with COVID safe measures. You should monitor for symptoms – if any develop, stay home and get tested.

If you are unsure about anything, need to report a positive case / close contact, or have questions about COVID-19, please contact Hutchies' Coronavirus Team.

Key changes

> Version 2 of the Industry Process for Managing Positive Cases
> Reporting all cases to Hutchies' Coronavirus Team
> Managing Positive Cases & Notification Templates
> Circulating the Industry Update to Workers / Subbies / Suppliers

What's in this update

> Latest Industry Update (Managing Positive Cases & Contacts)
> Reporting & managing cases
> Time and cost clauses in contracts (for COVID-19)

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9 January / COVID-19

Government advice at all levels is changing rapidly. Hutchies will continue to communicate the latest relevant requirements to you as soon as information becomes available.

Hutchies' teams working in New South Wales must read the below, implement the changes and circulate the latest Industry Update with all Workers / Subcontractors / Suppliers as a priority. This enables everyone to be on the same page with how positive cases and close contacts are being managed on construction sites in New South Wales.

Other states and territories have slightly different requirements but with the same principles, and these are being communicated separately to those relevant teams.

The processes outlined in this email are based on updated advice since our email on Friday as adopted by the NSW Construction Industry Working Group and following direct advice and support from the NSW Government.

As cases continue to escalate throughout New South Wales, it is important to remember that anyone you interact with could have COVID-19 and everyone should be extra vigilant with COVID safe measures. You should monitor for symptoms – if any develop, stay home and get tested.

If you are unsure about anything, need to report a positive case / close contact, or have questions about COVID-19, please contact Hutchies' Coronavirus Team.

Key changes

> Version 2 of the Industry Process for Managing Positive Cases
> Reporting all cases to Hutchies' Coronavirus Team
> Managing Positive Cases & Notification Templates
> Circulating the Industry Update to Workers / Subbies / Suppliers

What's in this update

> Latest Industry Update (Managing Positive Cases & Contacts)
> Reporting & managing cases
> Time and cost clauses in contracts (for COVID-19)

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7 - 9 January / COVID-19

National Cabinet has agreed to a unified approach to managing contacts of a confirmed positive case of COVID-19. This includes a new definition for close contacts. It currently applies to NSW, QLD, VIC, TAS, SA, ACT and will eventually be adopted by WA and NT.

The changes simplify the circumstances when a person is classified as a ‘close contact’. They also minimise the need for isolation and testing for anyone else potentially exposed to COVID-19 – that is those contacts that have been previously referred to as casual contacts. This update summarises the new requirements and how they will be applied in the construction industry in New South Wales.

The Update below has been developed by an Industry Working Group that includes the CFMEU, PTEU, ETU, MBA and a large number of principal contractors in NSW. It has also been provided to NSW Health and WorkSafe.

This advice is effective immediately and will be implemented across the New South Wales Construction Industry from 7 January 2022 (today). 

Hutchies' teams delivering projects in New South Wales must download and read this latest industry advice and be ready to implement it when managing positive cases on any of our construction sites or in our offices.

A further update will be distributed shortly concerning other states however given the national approach to close and casual contacts, the general principles will be consistent.

Contact the Coronavirus Team if you have any questions or need more information about the current status of COVID-19 in New South Wales.

This important update includes the latest advice for construction on:

> New Definitions & Requirements

Changes for confirmed positive cases and new definitions of close contacts

> Managing a Positive Case

Step by step process for construction sites or offices to manage positive cases

> Contact Tracing

Ensuring Workers continue to check in so they can be promptly notified of a positive case

> Masks

Requirements for mask wearing in Queensland

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7 January / Notice

PBAs are changing and expanding to cover eligible private sector projects in Queensland.

The Queensland Government introduced a trial of Project Bank Accounts (PBAs) in 2018 as part of the Building Industry Fairness (Security of Payment) Act 2017 legislation. Initially they applied only to State Government funded projects valued between $1M and $10M.

The system is designed to hold funds in trust for head contractors and subcontractors until payments are due, as part of a building project. The PTA's structure and strict rules help subcontractors get paid regularly in a timely manner and protect their retention and disputed monies.

Following trials of PBAs, Queensland has now expanded the concept through Project Trust Accounts (PTAs) which applies to private sector, local government, statutory authorities' and government-owned corporations' building and construction contracts valued over $10M.

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4 - 10 January / COVID-19

National Cabinet has agreed to a unified approach to managing contacts of a confirmed positive case of COVID-19. This includes a new definition for close contacts. It currently applies to QLD, NSW, VIC, TAS, SA, ACT and will eventually be adopted by WA and NT.

The changes simplify the circumstances when a person is classified as a ‘close contact’. They also minimise the need for isolation and testing for anyone else potentially exposed to COVID-19 – that is those contacts that have been previously referred to as casual contacts. This update summarises the new requirements and how they will be applied in the construction industry in Queensland.

The changes are effective immediately and will be implemented across the Queensland Construction Industry from 4 January 2022 (today). They supersede the previous Industry Plan (13/12/2021) which will be updated in due course. 

Hutchies' teams delivering projects in Queensland must download and read this latest industry advice and be ready to implement it when managing positive cases on any of our construction sites or in our offices.

A further update will be distributed shortly concerning other states however given the national approach to close and casual contacts, the general principles will be consistent.

Contact the Coronavirus Team if you have any questions or need more information about the current status of COVID-19 in Queensland.

This important update includes the latest advice for construction on:

> New Definitions & Requirements

Changes for confirmed positive cases and new definitions of close contacts

> Managing a Positive Case

Step by step process for construction sites or offices to manage positive cases

> Contact Tracing

Ensuring Workers continue to check in so they can be promptly notified of a positive case

> Masks

Requirements for mask wearing in Queensland

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17 December 2021 / General

Congratulations all of our Hutchies' veterans and to the winner of Constructor of the Year 2021!

Watch the video below to find out the winner and see all of our service awards for the year. 

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16 December 2021 / Notice

These events, which range from cyclones, rain, hail, flooding, high winds and bushfires have the potential to cause damage to Hutchies' project sites, and adjacent properties and assets.

Since the beginning of Summer 2021 our sites have already braved significant wet weather, and the forecast predicts a lot more to come.

To ensure we're prepared for these weather events and to keep our sites safe and secure, we need to fully implement Hutchies' shutdown and storm preparation processes prior to the holiday break.

This includes checking that the sediment and erosion controls are in place and effective for any projects where we have open ground and soil stockpiles that could potentially cause impact to the environment.

Hutchies' shutdown checklist is on HammerTech > Inspections:
HB-HSEQ-F-084 Site Shutdown Storm Preparation Checklist

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13 - 31 December 2021 / COVID-19

As mentioned last week, Hutchies has been part of a working group with other major builders and the building unions to prepare for the likely spread of COVID-19 following the easing of border restrictions. The result has been the production of the Queensland Construction & Related Industries COVID Safe Plan which aims to provide a consistent, practical and proactive approach to the arrival of COVID-19 on construction sites.

The Industry Plan has been developed in consultation and with the support of Queensland Health to provide clarity for sites regarding issues such as cleaning requirements, contact training protocols and what to do in the event of a positive case. The Plan's general intention is to ensure that people are kept safe whilst adhering to Public Health Directions, preventing people being placed in home isolation unnecessarily and maintaining productivity.

The Industry Plan has now been launched and is ready for implementation. Read on for more information. 

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