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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10 February / Training

Hutchies Training is currently taking expressions of interest for enrolments into the next Introduction to Construction course. This is specifically targeted at both women and men in the Hutchies workforce wishing to gain a greater understanding of Hutchies front line construction operations and career options.

The next course will start on 24 March 2020.

Contact Warren Belford for more information.

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17 February / Meetings

Monday 17 February 2020

Please participate in Monday’s meetings if possible. Times below are Queensland time (AEST).

7.30am / Brisbane based Site Managers & Foremen – smoko on the Toowong Terrace

8.00am / Site Managers & Foremen – nationwide! (refer to your Skype meeting invitation)

Held in Toowong training room and video conference from offices via Surface Hubs and Polycoms.

3.00pm / All Project Managers and Contract Administrators – regions by Skype & Teleconference (see Macquarie dial in details)

Regions to join via video conference in each office, individuals out of the various offices to join by the usual teleconference facilities (details can be downloaded below). All Hutchies’ project related people from office or site are encouraged to participate.

4.30pm / Toowong office BBQ

It would be great if all could participate.

Remember to mute your line by entering *6 - to unmute, enter #6

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3 February / Meetings

Hutchies' monthly budgets are held in Brisbane and via Skype sessions to the regions.

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22 Jan - 9 Feb / Event

Please join us for a night of celebration to recognise Hutchies’ apprentices, cadets and future leaders. 

Every year we identify an exceptional apprentice, cadet and a future leader from Hutchies’ training and professional development programs. Teams nominate candidates who are recognised for consistently performing beyond expectations during the previous 12 months.

Date and Time

Saturday, 8 February 2020
4pm til 7pm
(live band from 7.30pm)

Location

The Outpost
The Fortitude Music Hall
312 Brunswick Street
Fortitude Valley QLD 4006
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Enquiries

Michelle Buckland
0447 758 566
training@hutchinsonbuilders.com.au

RSVP

Places are limited - please confirm
your spot by
Friday 31 January 2020

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27 January / Public Holiday

This public holiday falls on Monday this year for Australia Day which is Sunday 26 January 2020

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1 January / General

Our new Toolbox for Subcontractors and Suppliers has been developed to allow Hutchies to share the important information that matters when working on one of our projects.

What the new Toolbox offers

Save the new link / bookmark it 

subbies.hutchies.com.au

More information

We have a simple Toolbox Guide available to help explain this new platform

We need your feedback

The Toolbox will continue to evolve from your feedback and opportunities to improve content, additional resources and ways to hear from Hutchies.

If you have any feedback or questions about the Toolbox, please get in touch with us.

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