INDUSTRY FOCUS There has often been confusion on what constitutes a worker and whether Company licensing principals (eg builders) who engage Over the past couple of years the legislation contractors wholly or principally for labour about whether a company, as opposed to only are liable to pay contributions. While a sole trader, had to be licensed to be a partnerships, trusts and companies are builder has been confusing. The legislation generally excluded this issue is often that commenced in January 2017 made it problematic with contractors who operate mandatory for companies to be licensed as sole traders. but a two year transitional period allowed HIA recently met with TasBuild and existing companies to continue trading has received confirmation that where a without a building licence. HIA Period or Project Trade Contract is STUART COLLINS properly used between the principal and HIA Executive Director – Tasmania contractor this will be considered evidence HAVING THE COMPANY of a commercial relationship. More LICENSED PROVIDES FOR importantly, no contribution is payable. A CLEARER WAY OF This confirmation is a significant win for HIA IDENTIFYING WHICH ENTITY Win for industry on and industry as it provides clarification and IS ACCOUNTABLE FOR THE portable long service certainty. HIA urges members to use the HIA BUILDING WORK The Portable Long Service leave legislation Period or Project Trade Contract to avoid requires all employers operating in the TasBuild liability. These contracts also Late last year the Tasmanian Parliament construction industry to be registered with provide legal protections to the parties passed legislation that clarifies the status TasBuild. These employers must then and are accepted by other authorities as of building companies. The Tasmanian register and pay a contribution at a set rate evidence of a contracting relationship. They government has advised HIA that it is for all workers in relevant employment in the are available through Contracts Online and not mandatory for a company to hold a construction industry. at the HIA Hobart and Launceston offices. building licence provided a director holds a building licence in their own right and signs HIA URGES MEMBERS the building contract. Therefore, it is not TO USE THE HIA PERIOD necessary for builders who trade using a OR PROJECT TRADE company to pay for two building licences. CONTRACT TO AVOID A company may however elect to be TASBUILD LIABILITY licensed. One reason is to allow for the name of the company, and not the individual director’s name, to be on notices, permits, site signage and similar documents. It may also be beneficial Project Trade where a company takes onmore building projects and Contract For general use in residential & it becomes difficult for the commercial work individual director to monitor each building project. Period Trade Having the company licensed provides for a clearer Ordr yur contract nline t hia.c .uContract way of identifying which entity 130 65 2 enqirie hia.com.aConditions Work Order is accountable for the building For general use in residential & For use with Period Trade work. It should be noted that For clarification of clauses contained within this contract:Consumers call – Consumer hotline 1902 973 555 (Chargesc aoppmly) mercial workContract conditions HIA members call – 1300 650 620 © Housing Industr Association Limited, September 2016.All rights reserved. No art of this document ay e reproduced, a licensed building company stored, copied, distributed or transmitted in any form or by any means without the rior written consent of HIA. HIA, SEPTEMBER 2016 must always have a director NAT_PROJECTTRADE__2016_DT3633_COVER.indd 7-8 20/07/17 9:40:17 AM who is a licensed builder in .au dr yu cotat nlin t hia.c .au their own right. If you have any questions m.u 1 0 6 62 nquirie@hi . o.a about company licensing act: For further clarification of this document: ges apply) Consumers call – Consumer hotline 1902 973 555 (Charges apply)HIA members call – 1300 650 620 don’t hesitate to contact a © Housing Industry Association Limited, June 2017. produced, All rights reserved. No part of this document may be reroduced, HIA workplace adviser on by any stored, copied, distributed or transmitted in any for or by any means without the prior written consent of HIA. HIA, JULY 2017 HIA, JUNE 2017 1300 650 620. 393_Od_COVER.indd All P17/07/17 2:19:44 PM 09/06/17 2:47:4 PM BUILDING NEWS ISSUE 1/2019P13 EDARTTCEJORP – 3363TDEVITUCEXE ROTCERID