Preliminary Agreements
A Preliminary Agreement (PA), or Preparation of Plans Agreement, is a common document used by builders dealing with clients in the early stages of building a new home. These agreements do not involve building work and are preparatory to entering a building contract. Some common features are: the consumer is committed to paying a “deposit”, […]
Independent Contractors
INDEPENDENT CONTRACTORS Introduction On 1 March 2007 legislation came into effect which provides for independent contractors to better manage their businesses in accordance with the terms of their commercial arrangements. Who does the Independent Contractors Act 2006 (Cth) apply to? The Independent Contractors Act 2006 (Cth) applies to all independent contractors if at least one […]
Minimum Conditions & The National Employment Standards
NATIONAL EMPLOYMENT STANDARDS Click here to download Fact Sheet This Fact Sheet contains information about annual leave and redundancy provisions of the Building and Construction General On-site Award 2020, which vary the minimum standards in the National Employment Standards. The redundancy pay provisions and the method of calculating annual leave in the modern award are […]
Mobile Cranes
The use of mobile cranes in the residential construction industry has become commonplace. Before commencing using a crane on a construction site it is important to develop a work plan or safe work method statement for all crane operations. A work plan or safe work method statement should be developed which includes information on, but […]
Hot Weather
Contractors should consider the benefits of developing a policy or procedure which is appropriate for their particular circumstances in anticipation of work being undertaken during hot weather. Such policies or procedures may be incorporated into negotiations for an EBA or workplace arrangement. Consultation with any Health and Safety Committee, where applicable, should also be considered. […]
Fair Work Act Reforms
Fair Work Act Reform – Overview: Master Builders has developed a range of resources to help builders understand the key requirements of the new workplace relations laws. Fact Sheets The Foundations of the Workplace Relations System Agreement Making Transfer of Business Right of Entry Dispute Resolution The National Employment Standards Record Keeping Unfair Dismissal Independent […]
Employment and Good Faith Bargaining
Bargaining representatives must comply with various ‘good faith bargaining’ requirements when negotiating an enterprise agreement (other than a greenfields agreement). These requirements do not apply to the process of varying or terminating an enterprise agreement. The good faith bargaining requirements imposed on all bargaining representatives include: Attending and participating in meetings at reasonable times; Disclosing […]
Employment and Transfer of Business
TRANSFER OF BUSINESS The Fair Work Act 2009 (Cth) (FW Act) makes a number of changes to the law governing transfer of business (previously referred to as transmission of business under the Workplace Relations Act 1996 (Cth)). This Fact Sheet outlines the new arrangements and indicates the key areas in which changes apply. What is […]
Employment and Agreement Making
Agreement Making The Fair Work Act 2009 (Cth) (FW Act) substabtially changes the process and nature of agreement making and emphasises collective agreement making. The scope of matters that an agreement can cover has been expanded by the FW Act. This fact sheet outlines the agreement making process, types of agreements and content of agreements. […]
Employment Dispute Resolution
DISPUTE RESOLUTION The Fair Work Act 2009 (Cth) (FW Act) places emphasis on employers and employees undertaking good faith bargaining in order to make an enterprise agreement. This Fact Sheet examines disputes about making the bargain and disputes once the bargain has been struck. Builders should also refer to Master Builders Fact Sheet 3 which […]