WORKPLACE SERVICES Q&A: SITE NEW YEAR, ACCESS NEW EMPLOYEES: ISSUES 5 MUST-DO’S Aclient will naturally be eager to visit An overview of some of the crucial things to do when site to see the progress of their new you take on a new employee. home – however access to site needs to be restricted and controlled. It is a construction site after all and safety is a paramountWHAT YOU NEED TO DO ACTION ITEM concern for any building business. What can you do if your client ignores the rules? Answer the below questions: Call the HIA InfoCentre to get the latest Q: My client keeps coming onsite unannounced What is your employee wage rates to ensure what you want to offer – is this allowed? employed as? meets the minimum wages and entitlements A: HIA contracts provide that the builder has Is there an Award that covers on 1300 650 620. HIA can also assist with exclusive possession of the site. This means that the employee? employment documents, such as a letter of the builder controls what happens onsite, including What is the minimum rate engagement, which is vital to document when others can access the building site. of pay? the employment arrangement (classification, It is important for builders to become familiar type of employment, rate, etc.). with the site possession and access clause in HIA contracts. This clause sets out the obligations of Withhold Tax Get the employee’s tax file number so you the owner to provide all weather access, to not can meet this obligation as soon as you pay hinder the builder’s access or possession of the wages. Forms are available from the ATO, site, and provides that the owner may only have along with tax withholding tables and other access at a reasonable time with the builder’s information about PAYG tax. consent. In summary: the builder has exclusive control of a building site until handover. Owners Fair Work Information This document, published by the Fair Work need the builder’s express permission to visit for anStatement (FWIS) Ombudsman, sets out information about inspection or for any other purpose. employment entitlements and protections. Q: The owner has asked me if they can come and Employers are required to give it to any do some work onsite to save costs. Should I new employee before, or as soon as possible allow this? after, they start their new job. Penalties apply A: Allowing the owner to do some works for non-compliance. themselves whilst the build is still being completed Find it at www.fairwork.gov.au is a huge risk. As a builder you have duties of care with regard to health, safety and welfare. This duty extends to cover anyone onsite, including Super contributions Most employees get contributions from their the owner. Allowing an owner onsite to undertake employer so ensure you seek fund details works whilst it is still a construction zone should from your new employee. If they don’t have a be avoided. fund, you need to offer them Not only could it be a risk to safety, a choice of super, but also ensure you have it could also impact on the progress of works and an employer-nominated fund, or default fund, negatively impact the standard of workmanship. in case they do not choose their own. Q: My subcontractor has been contacted by the Note: Super contributions might also client who has instructed him to do the work need to be made to contractors in certain differently from what is on the plans – how circumstances if they are deemed should I deal with this? your worker. A: In accordance with the HIA contract, the owner must only communicate with the builder or builder’s Long service notification If your employee works in the building and representative. The owner should not be instructing construction industry out onsite it is likely that a subcontractor on matters in the builder’s contract. they are covered by the portable long service It is always a good idea to make this clear to leave scheme. It is important that the Long the client when signing the contract. If an owner Service Corporation is notified ASAP once continually instructs subcontractors this can be the employee commences treated as a breach of contract as it is contrary to so their service can be recorded. the client’s obligations under the site possession www.longservice.nsw.gov.au and access clause. It is also wise to ensure your contractors are aware of this protocol, reduce The above is a snap shot of just some of the obligations that an employer has when miscommunication and ensure any variations are taking on a new employee. The Workplace Services team can shed more light on the appropriately administered and actioned. above and talk all things employment. Call us on 1300 650 620. BUILDING NEWS ISSUE 1/2019P21