5 March / 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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5 March / Public Holiday

Tuesday 5 March 2019 (TAS only)

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19 March / Weather Alert

Severe Tropical Cyclone Trevor continues to move west-southwest towards the eastern Cape York Peninsula coast. It is expected to cross the coast just south of Lockhart River late this afternoon or early evening. The cyclone will most likely cross as a high end category 3 system, but further intensification to category 4 cannot be ruled out.

The cyclone will weaken as it crosses the northern Peninsula tonight and Wednesday, but is expected to remain a category 1 cyclone until it enters the Gulf of Carpentaria later on Wednesday. It is expected to reintensify rapidly once it enters the Gulf of Carpentaria and track towards the Northern Territory.

Consider all site housekeeping and remove loose waste and material from roofs, scaffold, balconies and open areas (hardstands / laydown) and ensure site fences are well supported with the minimum bracing (every second panel for scrim & every panel for hoarded).

General advice in storms

  • Move cars under cover or away from trees. 
  • Secure loose outdoor items. 
  • Seek shelter, preferably indoors and never under trees. 
  • Avoid using the telephone during a thunderstorm.
  • Beware of fallen trees and powerlines. 
  • For emergency assistance contact the SES on 132 500.

People between Orford Ness and Cape Melville and adjacent inland areas (including Lockhart River and Coen), should complete preparations quickly and be prepared to shelter in a safe place.

People in western Cape York Peninsula between Mapoon and Pormpuraaw (including Weipa and Aurukun) should immediately commence or continue preparations, especially securing boats and property, using available daylight hours.

Hazards

The VERY DESTRUCTIVE CORE of the cyclone, with extreme gusts up to 220 km/h, will make landfall near Lockhart River later this afternoon.

DESTRUCTIVE WINDS, with gusts in excess of 125 km/h are expected between Cape Grenville and Coen. These DESTRUCTIVE WINDS will move some way inland with the cyclone tonight.

GALES, with gusts in excess of 90 km/h, are expected in coastal areas between Orford Ness and Cape Melville today and tonight. These GALES are expected to extend inland over the Peninsula overnight and on Wednesday as the cyclone moves inland to include areas between Mapoon and Pormppuraaw during Wednesday. Gales are possible later Wednesday further north between Cape York and Mapoon if the cyclone takes a more northerly track than forecast.

As the cyclone crosses the coast, a STORM TIDE is expected between Lockhart River and Cape Melville, including Princess Charlotte Bay. During Wednesday, a STORM TIDE is also expected between Cape Keerweer and Mapoon on the western Peninsula Coast. LARGE WAVES may produce minor flooding along the foreshore. People living in these areas are likely to be affected by flooding and should take measures to protect their property as much as possible and be prepared to help their neighbours.

ABNORMALLY HIGH TIDES are also expected around the Wednesday morning high tide for the far northeast Queensland coast, north of Port Douglas.

HEAVY RAINFALL, which may lead to flash flooding, is forecast across far north Queensland today and continuing over the next few days. A Flood Warning is current for the Daintree and Mossman rivers as well as a broader Flood Watch for catchments north of Innisfail to Kowanyama.

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18 March / Weather Alert

Severe thunderstorms are likely to produce damaging winds, heavy rainfall that may lead to flash flooding and large hailstones in the warning area over the next several hours. Locations which may be affected include Gold Coast, Toowoomba, Brisbane, Dalby, Ipswich, Kingaroy, Coolangatta, Caboolture, Cleveland, Gatton and Jimboomba.

Consider all site housekeeping and remove loose waste and material from roofs, scaffold, balconies and open areas (hardstands / laydown) and ensure site fences are well supported with the minimum bracing (every second panel for scrim & every panel for hoarded).

Summary of weather

Storms are likely across Australia in several regions and cities. Please monitor the live radar below for a national summary.

General advice in storms

  • Move cars under cover or away from trees. 
  • Secure loose outdoor items. 
  • Seek shelter, preferably indoors and never under trees. 
  • Avoid using the telephone during a thunderstorm.
  • Beware of fallen trees and powerlines. 
  • For emergency assistance contact the SES on 132 500.
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15 March / Weather Alert

Severe thunderstorms are expected to become more extensive this afternoon and evening. Currently, the primary risks are damaging wind gusts and large hail, however this will transition to heavy rain later this afternoon and evening, particularly across the far southeast.

Severe thunderstorms are likely to produce damaging winds, heavy rainfall that may lead to flash flooding and large hailstones in the warning area over the next several hours. Locations which may be affected include Warwick, Toowoomba, Dalby, Roma, Kingaroy, Ipswich, Gatton, Jimboomba, Laidley, Lowood, Nanango and Tara.

Consider all site housekeeping and remove loose waste and material from roofs, scaffold, balconies and open areas (hardstands / laydown) and ensure site fences are well supported with the minimum bracing (every second panel for scrim & every panel for hoarded).

Summary of weather

Storms are likely across Australia in several regions and cities. Please monitor the live radar below for a national summary.

General advice in storms

  • Move cars under cover or away from trees. 
  • Secure loose outdoor items. 
  • Seek shelter, preferably indoors and never under trees. 
  • Avoid using the telephone during a thunderstorm.
  • Beware of fallen trees and powerlines. 
  • For emergency assistance contact the SES on 132 500.
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12 March / Quality

Recently, some CodeMark Certifications for a number of widely-used ACP cladding products were withdrawn following an audit by JAS-ANZ. 

For further information on the withdrawal and why it came about, as well as the specific products affected, please see the links to the press releases at the end of this alert.  

How does this affect Hutchies?

Authorities/clients/consultants have already expressed confusion over the validity of the CodeMark Certificates on both past and current projects. 

In some cases, fire brigades have been resistant to CodeMark Certificates, so Hutchies has already been insisting on including ACP usage in a project Fire Engineering Report (FER) for some time.

The withdrawal of these CodeMark Certifications essentially makes it mandatory to do this now.

What do I need to do from here?

Please ensure your façade submissions to the Quality Team includes the FER without reference to the Codemark Certificates. 

Façade submissions to the Quality Team are mandatory for ALL projects, without exception.

Please ensure a fire engineer reviews and produces the FER for the use of ACP products. 

This needs to be backed by the Building Surveyor/Certifier and approved by the fire brigade as necessary. Performance solutions on life safety includes external walls and is a legislated requirement as noted in the Quality Handbook Topic 21.

What about existing projects which were covered by the withdrawn CodeMark Certifications?

CertMark International has advised that any projects completed prior to the withdrawal of the current certificates are still covered by the withdrawn certificate. More information on this is contained in the CertMark press release.

However, despite this, some authorities appear to be resisting acceptance of the CodeMark Certificate on projects commenced prior to the withdrawal that do not have final certification/occupancy certificates in place.

Please clarify with your consultants on any current projects to be certain there are no issues down the track at completion. It may be necessary to have the fire engineer amend the FER to avoid reliance on any CodeMark Certificate.

Don’t delay. 

Ensure this check is completed immediately and ensure the determination is provided unconditionally by the Building Surveyor/Certifier. Unconditionally means not subject to other conditions such as fire brigade acceptance. 

We need to be certain this will not delay completion on any current projects!

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11 - 14 March / Safety Alert

The Bureau of Meteorology (BOM) has issued warnings for low to locally severe intensity heatwave conditions over southern QLD and northeastern NSW.

Please ensure you stay hydrated, wear appropriate protection (clothing, hats, sunscreen etc) and look out for your mates. 

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4 March / Update

Hutchies has updated its company policies in line with the expiration of our existing suite. These policies contain important standards that Hutchies has in place for our business – please take the time to refresh yourself on them.

Please also update any existing policies you may have:

  • Framed in offices and sites (at a minimum all offices and sites should have Work Health & Safety, Environmental & Quality)
  • In project Specific Management Plans, Manuals and / or Procedures 

We have sourced affordable standard clear frames if you would like to update yours. You can purchase them here.

The new policies can be downloaded below. They are also available on Hutchies' website (public) and the Doc Library.

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8 March / Observation

International Women's Day is celebrated in many countries around the world. It is a day when women are recognized for their achievements without regard to divisions, whether national, ethnic, linguistic, cultural, economic or political.

A balanced world is a better world. How can you help forge a more gender-balanced world?
Celebrate women's achievement. Raise awareness against bias. Take action for equality.
Get everything you need to run a successful International Women's Day right here.

#BalanceforBetter

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11 March / Public Holiday

March Public Holiday / Monday 11 March 2019 (SA only)

Labour Day / Monday 11 March 2019 (VIC only)

Eight Hours Day / Monday 11 March 2019 (TAS only)

Canberra Day / Monday 11 March 2019 (ACT only)

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