1

Minister for Planning Andrew Barr has launched the $4 million Tune Up Canberra partnership, a program jointly funded by the ACT Government and building owners to make existing commercial office buildings in Canberra more environmentally friendly.

“The ACT Government is ensuring this city continues to develop sustainably. Tune Up Canberra will provide grants of up to $108,000 to help local businesses make their existing buildings better for our environment,” Mr Barr said. “The program will work as a partnership with businesses, as they will match the Government’s investment in upgrading buildings to reduce greenhouse emissions, water and energy use.

“I invite owners of commercial office buildings to consider applying for Tune Up Canberra funding,” Mr Barr said.

Tune Up Canberra offers up to $8,000 for a Tune Up report. This is a report on how a building performs and how to reduce its environmental impact through recommended capital works.

Once businesses have the report they can apply for up to $100,000 of the cost of implementing the report’s recommendations, to be matched dollar-for-dollar by the owner. Where owners already have a similar report they can apply for funding now.

“We all have a responsibility to make changes to ensure Canberra becomes even more sustainable.

Under this program the Government and commercial building sector are working together to reduce emissions and make cost savings from reduced water and energy use,” Mr Barr said.

A recent major study from the Centre for International Economics, commissioned by the Australian Sustainability Built Environment Council found that investment in energy efficiency in the built environment delivers reductions in emissions faster and more economically than alternative approaches.

The program was developed in consultation with the Master Builders Association of the ACT, ACT and Region Chamber of Commerce and Industry, the Property Council of Australia and the Green Building Council of Australia.

Tune Up Canberra will apply to existing commercial office buildings of more than 1500 square metres in gross floor area and funding will be managed by ACTPLA. There will be five application rounds from April 2010 to June 2011.

For more information including application forms, eligibility criteria and conditions, see www.actpla.act.gov.au/tuneupcanberra or the ACT Grants Portal www.grants.act.gov.au.

C A N B E R R A

Ed

ition

3-2010

Master Builders Association of the ACT1 Iron Knob St, Fyshwick ACT 2609PO Box 1211, Fyshwick ACT 2609

Tel: (02) 6247 2099Fax: (02) 6249 8374

Email: canberra@mba.org.auWeb: www.mba.org.au

MAsTEr BuildErs ExECuTivE CounCilPresident – Ross BarrettTreasurer – Simon ButtCommercial Builders Council Chair – Sam DelorenzoCivil Contractors Council Chair – Peter MiddletonResidential Builders Council Chair – Andrew KerecProfessional Consultants Council Chair – Hans SommerSuppliers and Subcontractors Council Chair – Peter Fairburn

MAsTEr BuildErs MAnAgEMEnT TEAMExecutive Director – John MillerDeputy Executive Director – Jerry HowardDirector Industrial Relations – Mike BaldwinSenior Management Accountant – Louise MacCallumDirector Skills Development & Research – Grant DalySenior Manager - Marketing & Membership Services – David Leitch

MAsTEr BuildErs group TrAining General Manager – Wendy Tengstrom

2

In recent times, somewhat surprisingly I have found a number of members seeking advice on this conundrum. The question in issue is whether an employee on workers compensation is entitled to accrue entitlements.

Workers compensation is one of the “non-excluded matters” under s 27(2) of the Fair Work Act 2009 (the Act). Therefore, private industry employees working under the federal system are subject to state workers compensation legislation.

The National Employment Standards (NES) provide that, except as permitted by a law relating to workers compensation, an employee cannot take or accrue any paid annual leave while absent due to an illness or injury for which he/she is receiving workers compensation. The states and territories vary in their treatment of annual leave and workers compensation. The New South Wales legislation, for example, allows an employee to take annual leave during a period of workers compensation, whereas, in Victoria, employees are entitled to annual leave or workers compensation, but not both concurrently. In this regard the NES differ from the provisions under the former Australian Fair Pay and Conditions Standard, which provided that unless otherwise provided by the relevant Commonwealth, state or territory workers compensation legislation, an employee accrued annual leave during any absence on workers compensation and could take any accrued leave while absent on workers compensation.

Accrual of leave during compensation period

The relevant legislation will base accrual of annual leave either on “employment” period accrued or “service” period accrued. Annual leave would accrue during a period of compensation if “employment” is the basis for accrual, unless specifically excluded. Annual leave would not accrue during a period of workers compensation where accrual is based on “service” because time on compensation is not “service” unless the particular legislation or agreement deems a period on workers compensation to be service.

Case law

In CFMEU v Cooks Construction Pty Ltd (2006) 58 AILR ¶100-450, the AIRC confirmed that employees accrue annual leave while receiving workers compensation. SDFP Drake said:

“Workers absent on workers compensation leave are workers absent on a special kind of sick leave — one which has additional attendant obligations for the employee and employer ... Employees on workers compensation leave are on an ‘authorised absence’ as a result of their injury and, as long as they meet the requirements of the workers compensation regime, they continue to fulfil the conditions by which their wages are earned ... The fact that these conditions have been altered by legislation to accommodate their physical incapacity does not detract from the fact that they are performing ‘service’ ... An absence on workers compensation leave is not a failure to serve.”

In a series of decisions the Courts have found that employees on workers compensation are prima facie entitled to the ordinary rights arising from their employment. In addition, the cases point to the view that an absence on workers compensation does not amount to a break in service and given that it is authorised leave, nor does it amount to a failure to serve. Service does not always require actual work to be performed. The performance of work is therefore not a condition precedent to the right to wages and entitlements.

To receive these ‘entitlements,’ an employee only needs to be ready and willing to perform their duties to the extent that their injury will allow. The willingness to stand ready and available for work within the constraints of their injury is sufficient to satisfy the definition of service. Be advised that the Courts have firmly rejected the view that serious injury and incapacity for work does not satisfy the definition of service.

From a statutory perspective, section 46 of the Workers Compensation Act 1951 (ACT) specifically provides for the continued accrual of both long service leave and annual leave and given that there is no break in service, in my view the sick leave also continues to accrue.

ConclusionIn closing, an absence from work on authorised leave ie workers compensation, does not break the employee’s continuity of service. The impact of this is that an employee will continue to accrue all entitlements during this enforced period of absence. These entitlements include: annual leave, sick leave and long service leave.

Michael Baldwin

Director Industrial Relations

An absence on workers compensation leave is not a failure to serve

On

–Sit

e in

Sig

ht

ED

ITIO

n 3

-201

0

3

The first individual house blocks in the first Molonglo Valley suburb of Wright will go on sale in June.

The first 100 blocks will be sold at auction on 19 June, followed by a ballot of 236 blocks from 26 June. Sites for a further 154 terrace and multi unit dwellings will be released by tender in late June.

“Wright is the first suburb to be developed in the Molonglo Valley, which will eventually be home to 13 new suburbs and up to 60,000 Canberrans,” ACT Chief Minister Jon Stanhope said. “Blocks will be released in a range of sizes to provide more choices for ACT homebuyers.”

TransACT chief executive officer Ivan Slavich said

the houses would have internet-ready fibre cables to the front door. ‘’That technology is capable of speeds of up to 1000 megabits per second.”

As part of the Government’s affordable housing action plan, 16 of the new houses will be sold for less than $327,000.

Mr Stanhope said the release of land at Wright was part of the Government’s commitment to meet housing demand in the ACT.

“Over the next four years the Government will release a record 17,000 new dwelling sites, of which almost 5000 sites will be in the Molonglo Valley,” Mr Stanhope said. “The Government will also invest over $70 million for new infrastructure to support our land release program including new roads and major intersection upgrades.”

First blocks released in Molonglo Valley

The construction and building industry is a vital component of the ongoing economic development of Canberra and the region. The industry creates long-term employment and has flow-on effects in many areas of the economy.

The Canberra Construction Snapshot promotes the ACT and region as an investment location by providing up-to-date information of continuing and planned capital works and construction activities. It highlights the impact of the Government’s commitment by showcasing the vibrancy and diversity of the industry in the Canberra region. The Snapshot highlights the work that is provided for large multinational companies as well as local companies and subcontractors

http://www.business.act.gov.au/canberra_construction_snapshot/canberra_construction_snapshot

Release of Edition 2 of the

Canberra Construction Snapshot

4

National building and construction work done rose in the March quarter,

The latest Bureau of Statistics measures of building and construction activity show a rise in activity nationally and a similar rise in the ACT.

The trend estimate for total construction work done in Australia rose 0.7 per cent in the March quarter. The seasonally adjusted estimate rose 1.9 per cent, to $39,475.7million.

In the Australian Capital Territory, construction work done showed increases for the last four quarters.

In related figures the most recently released building approval figures for April showed a 14.8 per cent fall in seasonally adjusted total dwelling approvals nationally compared to a 4.4 per cent trend rise for the ACT. (Directly comparable figures are not published by the ABS.)

Master Builders Australia said the value of building and construction work in the March quarter had been boosted by the Government’s stimulus spending, which was working to mitigate the downturn in other parts of the industry.

STIMULUS HELPINGPeter Jones, Master Builders Australia’s Chief Economist said, “Public spending on education and social housing is strongly cushioning the building and construction industry from what would otherwise have been a sharp downturn. In the past 12 months, building work done for the public sector has more than doubled, offsetting a big fall in private work.”

The trend estimate for total construction activity completed nationally increased 0.7 per cent in the

March quarter. Construction work for the fourth quarter was revised to show a fall of 0.2 per cent compared to an initial reading of a rise of 2.6 per cent.

The ABS said total building work done in the March quarter was $19.809 billion, seasonally adjusted, from $18.980 billion in the December quarter. Engineering work done was $19.666 billion in the March quarter, from $19.751 billion.

“Residential building work done barely rose in the March quarter as the lingering effects of the step-down in activity in the wake of the global financial crisis continues to play out,” Mr Jones said.

“Engineering construction activity is trending lower although the pipeline of resources-related work yet to be done and government infrastructure spending should cushion the impending fall.

“The key to the outlook for the building and construction industry will be whether an upswing in residential building can offset weak non-residential building, particularly as stimulus spending programs begin to wind down.

“Higher interest rates threaten to stymie the strength of the anticipated upturn in residential activity.”

Building and construction activity on the rise

On

–Sit

e in

Sig

ht

ED

ITIO

n 3

-201

0

5

ACTPLA has announced the first of a series of proposed changes to the Territory Plan.

The changes vary the rules in community facility zones, including removing some height restrictions for community facilities.

The changes to community facility zones in Draft Variation 302 will be followed in coming months by changes to estate development and residential codes.

“These variations will incorporate some of the outcomes from ACTPLA’s Sustainable Futures program and its solar efficient housing discussion paper, and will help ensure future development better responds to climate change,” ACTPLA Chief Planning Executive, Neil Savery said.

Draft Variation 302 also removes some specific restrictions on community facility zones in Forrest and Belconnen.

Mr Savery, said, “One of the first tasks under the review was an examination of the community facility zone and associated development table and code.”

HEIGHT LIMITS“Draft variation number 302 recommends a number of changes, most of which are aimed at simplifying and clarifying the planning rules for community facility zones, which is where we locate services like child care centres, churches etc.

“For example the variation proposes amending the existing height limits for all buildings including the types of residential uses that are permitted in this zone. This was one of the issues raised following the release by ACTPLA of a community facility zone discussion paper in September last year.

“Residential uses in this zone can include facilities like aged care or supportive housing. The new rule proposes to specify building height and provides an overall limit of four storeys. However, there are still provisions to protect residential amenity, for example if a development is within 30 metres of residential blocks its height will be dictated by the height limits of adjacent residential zones.”

The Draft Variation also:• adds types of lease variations to

code, merit and impact tracks• removes ‘funeral parlour’ from the merit track

and inserts it into the prohibited development list changes to the rules and criteria for business agency, office and public agency

• replaces the existing development code with a new code• adds a new schedule indicating which community

facility zoned sites are required for Community Use, including all existing education sites

• adds a new rule clarifying that Residential Uses in the community facility zone cannot be unit titled or separately subdivided

Rollout of Territory Plan changes begin

6

I have been doing some reading lately about how to complement ‘technical’ skill training with ‘soft’ skill training. You might know this as communication skills such as negotiation, supervision, leadership, conflict resolution and consultation. The problem we must address as a training facilitator is that everyone thinks their skills in this arena are adequate or even good - as demonstrated by the underwhelming industry response to offers to provide training in these areas!

We are always adequate or good of course until we are tested by extraordinary circumstances and it is then that we revert to what the experts refer to as ‘instinctive behaviours’ and this illustrates substantially why it is not possible to effectively teach soft skills on a whiteboard. For many of us the soft skills we have learned in our professional career development are enshrined in the various qualifications we have done almost like ‘packaging’. I have seen far too many sessions on conflict resolution for example being delivered by a trainer standing at a whiteboard with the learners dutifully writing down the salient points to remember - without ever actually practising them to hone the ability to work in contingency situations. I have a mediation background where I have worked in jails mediating between offenders and the victims and I can tell you categorically that there is no breathing space to gather your thoughts or re-presence techniques when both parties in the room are literally centimetres away from each others’ throats!

I don’t actually think it is viable to merely be competent in terms of working with people - because someone is always going to ‘throw a curve-ball’ when they have a big investment in getting things done their way. The trick in the tail as it were, in managing conflict, is to interrupt the automated response we roll out like a carpet and actually engage the person in the moment with no immediate thought at all about fostering a solution. We have become so outcomes oriented in our training - teaching people what to do instead of actually spending time on partnering people to learn how to do it for themselves. Best practice mediation is probably a process where a lot of mistakes are made by all participants - but they are well managed and it is the display of our humanness that generates a shared set of solutions to the problem.

I am talking about the need to ramp up provision of ‘process learning’ to teach us new habits and to interrupt our instinctive response by learning how to actually be

with people in moments of conflict, confusion, anger and sadness. It is not something that can be wholly taught in a classroom - but it can be facilitated in this context and then like learning how to cut a straight line with a power saw, you have to physically practice to get the straight edge.

The underpinning platform that informs all of the soft skills is based on principles such as honesty, fairness, equity, integrity, and being willing to show leadership until such time as the context identifies flag bearers from within - and then handing the mantle over so that people can generate and own their own outcomes.

I reiterate a statement I have made repeatedly about training needing to be an investment and not a cost. The investment dividend for quality training in the soft skills is principally centred on self-confidence and the ability to be in any situation working with people where you have the presence to ensure that issues can be handled responsibly and more importantly, immediately. The cost most commonly associated with lack-lustre training in the soft skills is litigation, friction with management, colleagues and subordinates, and costly delays in project outcomes and quality workmanship.

In authentic communication our credibility ticket is our ability to be in the moment, trust ourselves enough to make and recover from mistakes in pursuit of providing a service, and to listen twice as well as we speak. That is it. What it is not is ‘technique’ that drips of insincerity and is fixated upon producing an outcome where it can be manifestly seen that there are outcomes favouring the facilitator.

Master Builders Group Training is currently considering options to provide people in leadership and management roles with opportunities to learn selected soft skills. Warning: it might extend you, make you feel vulnerable, but the attendant rewards are a hundred-fold times more beneficial for yourself, your manifold roles in your life and your ability to be in any situation and to still hold your own.

Grant Daly Director Skills Development & Research

TRAINING

On

–Sit

e in

Sig

ht

ED

ITIO

n 3

-201

0

7

In February 2010, Safe Work Australia released the report Asbestos Exposure and Compliance Study of Construction and Maintenance Workers. The study aimed to determine the current levels of awareness, worker compliance with legislation, the attitudes of workers and exposure levels to asbestos in construction and maintenance workers. Master Builders Victoria participated in a focus group during the research phase of this project.

Findings of the study include:• Most tradespersons were aware of the

potential health risks of asbestos.• This high level of general awareness is not

accompanied by the knowledge of how to recognise asbestos or control the risks when working with it.

• Almost all tradespeople surveyed thought they could protect themselves from the risk of asbestos. However, the overall level of compliance with safety procedures was much lower than what was estimated by these workers.

• There was inappropriate disposal of asbestos and contaminated materials.

• Atmospheric monitoring of a limited number of selected work tasks showed that all exposures were below the workplace exposure standard.

Asbestosis and mesothelioma fatalities accounted for at least a third of all construction industry compensated fatalities in the period 2003-04 to 2006-07. Within the disease related fatalities category asbestosis and mesothelioma cases represented at least 80% of all cases except in 2003-04 when it was a lower percentage (60%). The significant impact of these disease cases reflects exposures from some time ago given the long latency period of these diseases.

Master Builders is committed to reducing the incidence rate for serious claims and fatalities in the building and construction industry. One way of doing so is to more effectively prevent occupational disease. Master Builders therefore supports the Code of Practice for the Safe Removal of Asbestos and the Code of Practice for the Management and Control of Asbestos in Workplaces, and has done so from the time of their introduction. Builders should follow the procedures in these codes of practice to ensure that the terrible legacy of asbestos exposure is relegated to history.

Asbestos exposure Still Occurring

At a recent meeting, Master Builders’ Board of Directors passed a resolution expressing strong concern over the declaration of the Code of Practice for the Prevention of

Falls in Housing Construction before the regulations governing work at height have been decided and because of its negative impact on housing affordability.

Master Builders considers that the Code is flawed and should therefore not be adopted by State and Territory governments nor be the basis for developing any harmonised code of practice in this area. Master Builders’ is lobbying State and Territory governments about the flaws in the declared code.

8

MILLION

// To Insert New Data Goto Object/Graph/Data• Copy and Paste Pivot Table Data into Data

$0

$50

$100

$150

$200 New Homes

Multi Unit

Garages, Pools, Decks and Similar Structures

Commercial Building Work

Additions and Alterations (Residential)

Apr-10Mar-10Feb-10Jan-10Dec-09Nov-09Oct-09Sep-09Aug-09Jul-09Jun-09May-09

May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10Additions and Alterations (Residential) 4.12 6.86 4.83 9.18 8.49 5.12 39.16 8.39 6.67 4.29 8.52 3.96Commercial Building Work 27.49 42.55 57.82 66.61 10.57 25.98 84.75 96.67 180.11 56.20 20.97 64.69Garages, Pools, Decks and Similar Structures 1.34 2.09 2.40 3.55 3.45 3.03 3.21 4.39 4.01 4.42 1.42 2.62Multi Unit 0.00 4.57 41.44 4.34 10.69 19.70 90.94 66.97 54.83 10.63 27.00 9.52New Homes 20.50 42.59 43.08 41.24 63.24 54.92 53.91 54.79 49.64 43.41 19.87 32.25

The above graph and table below summarise private sector building activity for the various building sectors in the ACT over the past 12 months. The values for each month are depicted in millions of dollars.

ACT PRIVATE SECTOR BUILDING ACTIVITY

COMING EVENTS FOR 2010

Master Builders & Boral Excellence in Building Awards

Date: Friday 25 June Time: 6.30pm Where: National Convention Centre

Places are filling up fast for the night of nights in the building and construction industry. This event showcases the exceptional work being done throughout all sectors of industry in Canberra and the surrounding region. For more information about registration or to receive an entry form, please contact us.

CCF Earth Awards Date: Thursday 2 September Where: Old Parliament House

This year the CCF Earth Awards will again be held in the luxurious Members Dining Room at Old Parliament House. The CCF Earth Awards showcase and celebrate exceptional works in civil construction, as well as being a premier networking opportunity for all sectors of the industry.

Master Builders Annual Dinner 2010

Date: Thursday 14 October Where: Hotel Realm

The Annual Dinner is our premier networking event where members come together for a social and networking evening. The function provides an annual forum for the industry to take stock of its performance and to consider the outlook for the coming year.

CCF National Conference Date: 20 – 24 October Where: Hyatt Hotel

The CCF National Conference offers numerous networking opportunities at formal and social occasions, a chance to promote your business to new and existing customers and suppliers, access to latest industry trends and discussion of pertinent issues, and much more.

National Excellence in Building and Construction Awards

Date: Friday 19 November Where: Great Hall, Parliament House

Each year Master Builders Australia acknowledges excellence in the building and construction industry through its prestigious National Awards. The State and Territory Award winners in their nominated categories (some categories are combined) become finalists for the National Awards and are judged accordingly.

TRAINING DATES FOR JULY 2010

Restricted Height Scaffolding

Date: 8 July

This course is particularly useful for construction industry personnel with minimal experience in erecting and dismantling restricted height scaffolding.

Explosive Power Tools Date: 8 July

This course is aimed at people within the Building and Construction trades who will be using explosive powered tools in their work and those who are completing the requirements for Certificate III General Construction.