Industry Issues

The WA Government is implementing new building legislation which will repeal the Painters’ Registration Act 1961.
The new Building Act 2011 is expected to commence at the end of October 2011.

The requirement for a painter to be registered to carry out painting work will increase to $ 1,000 under the new Building Services (Registration) Act 2011.
Another key difference in the new legislation will be the introduction of two new categories of registration.
Painting Service Contractor
Individuals, partnerships and companies that wish to contract with others to provide painting services valued over $1,000 must be registered as a 'painting service contractor' and demonstrate a financial and organisational capacity. Partnerships and companies will also be required to have at least one nominated supervisor who is a registered 'painting service practitioner'.
Painting Service Practitioner
Individuals who do not wish to contract directly with others to provide painting work valued over $1,000 do not need to be registered. However, persons who wish to be the 'nominated supervisor' of a 'painting service contractor' must be registered as a 'painting service practitioner'.
3. Persons who have qualifications and experience that would enable them to obtain registration, but do not necessarily require registration to carry out their work, for example an employee of a painting company or training provider, may choose to apply for registration as a 'painting service practitioner'.
An employee is not required to be registered as long as he or she is under the supervision of the registered painter.
Currently Registered Painters Painters that are currently registered under the Painters' Registration Act 1961 will automatically continue to be registered under the new building services legislation. Registered individuals will be registered as both 'painting service practitioners' and 'painting service contractors', while partnerships and companies will be registered as 'painting service contractors'.
At the time of renewing registration in 2012, painters registered as individuals can decide whether to keep their dual registration status or choose to be either a registered practitioner or contractor. Although the Building Services (Registration) Act 2011 allows for 3 year registration renewals, the Building Commission will continue the current annual renewal system for the time being. The Building Commission will write to painters regarding renewal of their registration in late 2011.
Applications in progress. Applications for painters' registration that were received by the Painters' Registration Board prior to commencement of the building services legislation will be dealt with by the new Building Services Board under the previous provisions of the Painters' Registration Act 1961.

 
Migration WA Website released
The Department of Training and Workforce Development have released the Migration WA portal to assist skilled migrants to understand and apply for state sponsored migration. Skilled Migration WA (within the DTWD) processes state sponsored migration applications which feed in to the Department of Immigration and Citizenship (DIAC) process.

The site provides ready advice regarding state sponsored occupations, information regarding Western Australia's economic and social landscape and allows online application for those seeking to migrant under one of the state sponsorship sub-classes.
For full information, please visit www.migration.wa.gov.au

 
New legislation for Western Australia
Read more.
 
Under the new Modern Building and Construction General On-Site Award penalty rates apply to employers who undertake building and construction work, as defined by the Award, who are constitutional trading corporations. That is, are structured as a Pty Ltd entity or some family trusts with an ACN.
 
Prime Minister Julia Gillard, School Education Minister Peter Garrett and Federal Member for Perth Stephen Smith (pictured here with MPA WA CEO Murray Thomas) joined together
on March 26th 2011 to officially open the new John Forrest Trade Training Centre. The new Trade Training Centre received more than $2.5 million as part of the Trade Training Centres in Schools Program. The Trade Training Centre (partnered with MPA Skills - the principal training arm of the Master Painters Australia WA Association), like others around Australia, will provide students with the training opportunities and experience they need to take the next step towards further education and employment. The facility will provide training directly relevant to various local industries, including painting and decorating.

The Trade Training Centre will also be used for Try a Trade programs that allow students in Year 10 to take part in a two-day program focussing on either plumbing or painting and decorating. At full capacity, the centre will train 60 pre-apprentices each year and 1500 Try a Trade students each year. All of these programs are being made available to all schools in the Perth Metropolitan region and beyond.

 
Inspection program targets asbestos in construction
WorkSafe has commenced an inspection program lookin at safety standards when dealing with asbestos in the construction industry. Read more.
 
National inspection program on safety at roadside worksites
Workplace safety and health authorities across Australia are joining forces in an effort to improve safety for those working on or near public roads. Read more.
 
Paint Manufacturers' Specifications
It has come to the Board's attention that a number of builders are instructing painters to carry out work that is below the standard set out in the manufacturers' specifications.
Unless specified by the manufacturer, it is generally accepted that all new substrates are painted with a three coat painting system, being one primer and two top coats.
Attempts to alter the manufacturers' specifications by reducing the number of coats can result in a less than acceptable finish and may promote the premature deterioration of the materials. Painting work that is found to be unfit for its purpose may result in the builder being required to rectify the situation at no cost to their client.
Shortcutting applications or not adhering to the manufacturers' specifications with the view to saving money may lead to complaints by owners, and when recognised, proves costly and time consuming for the builder.
The most common areas of complaint received by the Board in relation to painting include:
• white rust occurring on galvanised metal fascia and gutters;
• paint peeling where applied over plasterboard sheet jointing compound;
• clear and varnish coatings applied to exterior materials;
• paint coatings applied over cement render; and
• inadequate coverage of a two coat system.
Builders should consult the Australian Standards and paint manufacturers for advice when preparing paint specifications for their painters.
Further information is available from the Painters' Registration Board website at www.painters.wa.gov.au or telephone (08) 9476 1212.
 
Reminder on new asbestos licences
Issue Date: - Wednesday, 19 May 2010
WorkSafe has issued a reminder that asbestos licensing will soon change, and business operators have only weeks in which to ensure they have the correct asbestos removal licence.

From June 1, business operators removing more than ten square metres of bonded asbestos - including asbestos cement material - in a workplace will need to have completed an approved training course and hold an asbestos licence. See full media statement.

The next Asbestos Licence Course at MPA Skills will be held on Friday 4th June 2010.
Download an application form here!

 
The Building Commission has today published an Advisory Note that formally announces the deferment of the energy efficiency provisions in the BCA 2010 for residential buildings.
 

Fines for No Signs

From 1 January 2010, the Painters' Registration Board will commence issuing infringement notices to registered painters if they fail to comply with the requirements under the Painters' Registration Act 1961 (PR Act) to display a sign, or omit their registered name and number from an advertisement.
The Painters' Registration (Infringement Notices) Regulations 2006 provides the Board with the power to issue infringement notices for offences, under sections 14A and 14B of the PR Act, which would otherwise be prosecuted in court.|
Section 14A of the PR Act requires registered painters to display a sign on all their work, for the duration of each job, clearly stating their registered name and registered number.
Where painting is carried out by a partnership or company, section 14B of the PR Act requires the name and registered number of the nominated supervisor (registered partner, director, member or employee) to appear in any sign displayed.
Further, any print advertisement about your painting services is required to contain the painter's registered name and number.
Non-compliance with the above requirements of the PR Act will result in an infringement notice being issued, attracting a penalty of $ 80, so make sure that your sign contains the correct details and is displayed on each job site, and that all your advertising contains the painter's registration name and number.
(December 2009 PRB's newsletter)
 

Wageline Watch - Are you a sole trader or partnership?

Then this information applies to your business. Making deductions from employees wages. State employment legislation prohibits an employer from making any type of deduction from wages, without prior written authorisation from the employee. The State Minimum Conditions of Employment Act 1993 outlines the circumstances where an authorised deduction may occur:
· when an amount is authorised in writing by the employee to deduct and pay on behalf of the employee;· when an amount is authorised to be deducted and paid on behalf of the employee under an award or contract of employment; or
· when the employer is authorised or required to deduct by order of a court.
If a deduction from wages is made by an employer and it is determined to be unauthorised, a claim for under payment of wages can be made against the employer.Wageline often gets calls from employees working in retail and hospitality where they have been supplied with a uniform and without notice the cost of the uniform has been deducted from pay. Another common example is where the cash register does not balance and the shortfall is taken from the employee's wages. The worst example occurs in petrol stations where drivers fill up with fuel and drive away and the attendant is required to pay for the fuel. All of these circumstances would constitute an unauthorised deduction from pay unless the employee had given prior written authorisation. In some cases employees can work for many hours and receive no payment because of the magnitude of the deductions. Employers should consider the implications of their policies and practices in relation to authorised and unauthorised deductions. Need more information? Call Wageline on 1300 655 266.
 
New Worksafe Publication about "Controlling isocyanate hazards at work". Isocyanates are a group of chemicals used in the manufacture of polyurethane plastics, synthetic rubbers, foams, paints, varnishes and adhesives.
 

Prevent lead poisoning in your workplace

For more information on to work safely with lead, please read or download the latest Worksafe Bulletin.
 

OHSE Toolkit

Download a copy of the OHSE Subby Pack, designed for use as a toolkit to help develop and review occupational safety and health management systems.
 

MPA Pricing and Estimation Guide

The Master Painters Australia- WA Association is proud to present their Pricing and Estimation Guide- Edition 2008, which will benefit our members and the Industry. A high degree of consistency can be achieved through greater confidence in the estimating ability of our tradespeople.

The Pricing and Estimation Guide will be given to all fully paid MPA members as part of their membership package.

Estimating the cost of Painting Works can be a complex and a difficult task requiring considerable skill in the assessment of numerous factors, all of which can influence the cost. This Guide simplifies these factors to make your job easier.

This publication represents a “Guide Only”, and should be used to assist in the preparation of quotations and pricing. This will allow you to obtain and maintain a greater degree of accuracy in estimating and cost control.

This publication suggests standards which are fair and reasonable in normal working conditions.

Estimating is only one of many skills required in a successful business, but it is one of the most important. Many businesses have failed as a result of inaccurate estimating and tendering practices.

It can be said that no two jobs or projects are the same, and that labour may vary when materials may not. Perhaps standard labour rates apply, but an adjustment to the total project hours may need to be a varied by a percentage, depending on the degree of difficulty.

Computerised estimating appears to be the way of the future, and there is a number of estimating software packages available for today’s businesses. When considering software, you need to be sure that it is set up to suit your type of business. This will ensure you obtain maximum benefits with little need to constantly update the package.

If you currently prepare an estimate, price or a tender manually, it is worth considering designing your own tender/pricing system based on your current estimating procedures. A tailored solution for your business would prevent the need to change your current methods to suit a pre-packaged program.

Pricing prepared by computerised systems is normally very accurate in respect to material costs and total hours. However, this may leave no margin for error, where as in some manual takeoffs and pricing, hours and materials are generally rounded up.

When estimating a job, most Estimators establish their own standard rates for labour times to suit their business structure. This Guide may assist such a business. It is also a good tool for a tradesperson who plans to set up a business in the future.

When estimating a job, not only do you need to make correct allowances for labour, you also must know the correct and exact quantities of materials. These processes go hand in hand, and the process starts with a correct list of materials.

The Pricing and Estimating Guide is a tool which will be given to all MPA members. This is just another way the MPA is working for you!

 

Is your partnership or company registered

Many registered painters are unaware that when they form a partnership or a company, they must also register that partnership or company with the Painters’ Registration Board (PRB) before carrying out painting work valued over $200.

The requirement to register a partnership or company involved in painting is set out in the Painters' Registration Act 1961. It is important for a number of legal and practical reasons. For example, if a member of the public checks the Register of Painters and the partnership or company does not appear, it could lead to a complaint and investigation by the PRB.

Painters who wish to register a partnership or company with the PRB are required to ensure that at least one of the partners or directors is a registered painter or, that at least one registered painter is employed to supervise the painting work carried out in the name of the partnership or company.

Painters should also note that the requirement to register a partnership or company with the Board is in addition to the requirements for setting up a company (which is done through the Australian Securities and Investments Commission) or registering a business name (which is done through the Department of Consumer and Employment Protection).

Painters who continue to trade as unregistered partnerships or companies risk being prosecuted for carrying on business as unregistered painters.

Registration application forms and further information is available from the PRB website at www.painters.wa.gov.au or by contacting the PRB on (08) 9476 1212.


 
 
Built by Command IT Services
Client Storm - Email Marketing