Our experienced workplace relations experts offer specialised services unique to Master Builders, providing members with comprehensive and tailored information.
Whether you need advice on subcontract arrangements, wages, employment conditions, or dispute resolution, we’ve got it covered.
- Award wage rates, allowances and penalty payments
- Redundancy and long service leave calculations
- Unfair dismissal claims
- Distinguishing between subcontractors and employees
- Employment relations site management including on-site conditions, confidential auditing of wages, superannuation information, workers compensation, and industry award requirements.
- Negotiation and development of enterprise agreements
- Dealing with unions and staff
- Dispute prevention, management and resolution
- Employment advisory service covering award interpretation, recruitment, employment contracts, performance counselling and employment termination.
EMPLOYEE OR CONTRACTOR
There is widespread practice in the building industry for workers to be engaged as contractors, rather than as employees. Understanding the differences between these two types of engagement is crucial for both independent contractors and their hirers to ensure the arrangement is lawful.
The Independent Contractors Act 2006 provides a statutory definition of ‘independent contractor’ which reflects the common law test. In addition, the Fair Work Act 2009 includes laws to prevent sham contracts. Parties to sham contracts may incur civil penalties (fines) under these Acts.
ENTERPRISE BARGAINING AGREEMENTS (EBA)
An enterprise agreement (EBA) is a formal employment agreement negotiated between an employer and its employees (or their representatives). The EBA must be registered with the Fair Work Commission and meet the minimum standard of pay in the Award. It can exclude various Award conditions if employees are better off under the EBA than the Award.
Enterprise bargaining can be made easier and more certain with the assistance of Master Builders. We provide our members support with planning, negotiation, paperwork, and lodgment with the Fair Work Commission.
STATE OR FEDERAL?
Employers in Western Australia may be covered by either the Western Australian industrial relations system or the Federal industrial relations system depending upon the nature of the business.
Pty Ltd employers (companies) and their employees are in the federal system (Fair Work Act 2009 and modern awards). Sole traders, unincorporated partnerships, or unincorporated trusts are covered by WA state award system.
Master Builders can identify the employment legal obligations that apply under each industrial relations system.
WAGES & ALLOWANCES
Master Builders provides specialist and up-to-date advice on wages and allowances for members throughout Western Australia. We can assist you in:
- Understanding modern and state awards
- Ensuring apprentices are paid according to relevant award and legislative requirements
- Complying with awards and industry rates
View: 1 July 2022 - BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2020 (NON RESIDENTIAL)
View: 1 July 2022 - BUILDING AND CONSTRUCTION GENERAL ON SITE AWARD 2020 (RESIDENTIAL)
View: 1 July 2022 - JOINERY AND BUILDING TRADES AWARD 2020
View: 1 July 2022 - CLERKS PRIVATE SECTOR AWARD 2020
View: 1 July 2022 - BUILDING TRADES CONSTRUCTION AWARD STATE WAGE INCREASE
- Calculating correct rates of payment for inclement weather and other allowances
If your questions are not answered by the information provided on our website, you can phone or email us for further advice and guidance.
RDOs & PUBLIC HOLIDAYS
INCLEMENT WEATHER CALENDAR 2022-2023
NATIONAL EMPLOYMENT STANDARDS
Under the National Employment Standards (NES), as part of the Fair Work Act 2009, ten minimum legal standards apply to employees in the private sector, which cannot be reduced by awards or enterprise agreements. The standards may be supplemented or changed; however, the conditions cannot be less favourable to an employee when compared to the NES.
The ten standards are:
- Maximum weekly hours (38 hours, plus reasonable overtime)
- Right for parents to request flexible work arrangements
- Parental leave – 12 months unpaid for each parent (modified)
- Annual leave
- Personal/carer’s and compassionate leave (paid and unpaid)
- Community service leave (unpaid), including jury service (paid)
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Provision of a Fair Work Information Statement for all new employees
UNION RIGHT OF ENTRY
Right of entry laws enable a union official (permit holder) to enter your workplace and investigate a suspected breach of legislation or have discussions with your employees (if registered to represent them), under the Fair Work Act 2009 and the Work Health and Safety Act 2020.
A permit holder can legally enter your premises if they:
- Give the required written notice
- Present a valid entry permit or permits
- Attend during work hours
- Comply with visitor requirements
A copy of right of entry checklists can be downloaded here.
It is recommended that employers keep a detailed record of every time union official enters your workplace.