Frequently asked questions

12 points of CPD activity must be undertaken each year.

Master Builders NSW continually hold a wide variety of  training courses and events which provide CPD points. Please have a look through our Training Calendar and Events Calendar to source a course that meets your needs. Also check out the MBA's CPD Centre    

Yes, your business partner can accrue 4 points per annum on your behalf.

 Yes, you can earn 1 point per apprentice up to a maximum of 4 points (4 apprentices) per annum.

No, builder licences (registrations in Victoria and Western Australia) are now mutually recognised throughout Australia (and New Zealand) relative to the class of licence held in the originating state or territory. In late 2012 the Council of Australian Governments plans to harmonise licences/registrations so that all state and territory jurisdictions have the same eligibility criteria. While it is not known what form this will take it is expected that builders’ present licensing capabilities will be ‘grand-parented’ into the new arrangements.

In the first instance you should contact Fair Trading NSW who can perform a builder licence check (www.fairtrading.nsw.gov.au) for you. The Master Builders can advise whether your builder is an MBA member. This can be done by searching our find a builder service, or by phoning one of our offices.

In the first instance there is good information on the Fair Trading NSW website about consumer rights www.fairtrading.nsw.gov.au/Consumers

No, MBA operates a group scheme for Australian Apprentices, Trainees and Cadets and hosts them out to Training Employers so that they can obtain the necessary workplace experience to supplement their off-site or technical learning. Recruitment is not a service provided by the MBA.

Yes, provided the New Zealand citizen has been resident in Australia for at least 6 months prior to applying to become an Australian Apprentice. New Zealand and Australia signed a Trans-Tasman Mutual Recognition Agreement in 1998 (and subsequently in 2006) to mutually recognise completed qualification's from either jurisdiction to the other one. (www.coag.gov.au). Under this imprimatur, trades people, para-professionals (Estimators, Contract Administrators etc..) and most professionals in the industry who have completed New Zealand or Australian qualification's can work in either jurisdiction and have these qualification's recognised. Partial qualification's brought to Australia from New Zealand can be ‘credit transferred’ towards Australian qualification's under the same ruling.

Yes. Master Builders can assess your past industry experience and trade skills through a Recognition of Prior Learning (RPL) assessment process.

No. MBA NSW does receive funding for some qualification's which reduces the amount that students have to pay.

Yes. MBA represents small, medium to large civil construction companies across NSW. In fact, small civil companies benefit greatly by MBA membership through our services and our membership discounts on vehicles, fuel and other business expenses.

Yes, MBA can assist you with plant operator assessment for competency in addition to various Civil Construction trade qualification's and supervisory qualification's. MBA can also offer demolition and asbestos removal training, usually a requirement of the civil construction sector.

The Industrial Relations Department offers advice to MBA members on a broad range of employment related matters, either over the telephone or by appointment.

Advice is provided on such issues as:
What rate of pay do I use?
How do I calculate annual leave / sick leave / RDO’s?
What can I have in an enterprise agreement?

The Industrial Relations Department provides advice and representation before Fair Work Australia on a range of matters such as industrial disputes, unfair dismissals and enterprise agreements.

The Industrial Relations Department can provide you with an Independent Contractor Assessment to help determine if you have an employment relationship or an independent contractor relationship.

In accordance with Work Health and Safety (WHS) legislation, Persons Conducting a Business of Undertaking (PCBU’s) are only required to prepare and implement SWMS’s for high risk construction activities.

The WHS Regulations 2011 defines High Risk Construction Work as construction work that;
a) involves a risk of a person falling more than 2 metres, or
b) is carried out on a telecommunication tower, or
c) involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure, or
d) involves, or is likely to involve, the disturbance of asbestos, or
e) involves structural alterations or repairs that require temporary support to prevent collapse, or
f) is carried out in or near a confined space, or
g) is carried out in or near:
(i) a shaft or trench with an excavated depth greater than 1.5 metres, or
(ii) a tunnel, or
h) involves the use of explosives, or
i) is carried out on or near pressurised gas distribution mains or piping, or
j) is carried out on or near chemical, fuel or refrigerant lines, or
k) is carried out on or near energised electrical installations or services, or
l) is carried out in an area that may have a contaminated or flammable atmosphere, or
m) involves tilt-up or precast concrete, or
n) is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians, or
o) is carried out in an area at a workplace in which there is any movement of powered mobile plant, or
p) is carried out in an area in which there are artificial extremes of temperature, or
q) is carried out in or near water or other liquid that involves a risk of drowning, or
r) involves diving work.

Members are also advised that there are additional SWMS requirements when involved in construction contracts with state and/or federal government construction agencies.

The WHS legislation which commenced on 1 January 2012, requires Principal Contractors to prepare, implement and maintain WHS Management Plans for construction projects with a construction cost greater than $250,000.

Similar to SWMS, members are also advised that there are additional requirements for WHS Management Plans when involved in construction contracts with state and/or federal government construction agencies.

Yes and No.

NSW WHS Legislation only requires a safety management system for Class A Asbestos Removal License holders and operators of Major Hazard Facilities. For Class A Asbestos Removal License holders, this safety management system must also be accredited. Otherwise, an accredited safety management system is not required by this legislation.

However, potential clients, both corporate and government may request or require contractors to prepare, implement and maintain all manner of documents and systems.

Typically, there are three management system types requested by the majority of corporate and government clients;
a) Occupational Health and Safety Management Systems (OHSMS),
b) Quality Management Systems (QMS), and
c) Environmental Management Systems (EMS).

State government construction agencies may (but are not obliged to) accredit a contractor’s Corporate Management Systems submitted for pre-qualification. It depends on the government department, region, type and value of the contract.

The Federal Government accreditation scheme also applies to specific contract values for contracts funded both directly and indirectly by the Australian Government.

An accredited corporate Management System must address criteria outlined in the Australian Standards, NSW OHS Management Systems Guidelines and/or the requirements as set by the Office of the Federal Safety Commissioner.

It is also important to remember that an accredited corporate Management System, using an OHSMS as an example, must include the documents that describe the organisation’s OHS policy, OHS manual which includes OHS procedures, work procedures and instructions, and the various forms and working documents used to record the implementation and maintenance of the system.

Yes. With over 20 years industry experience in providing advice to members on health and safety, the Master Builders Safety Team can assist member to prepare Safe Work Method Statements, WHS Management plans and Management Systems to meet the requirements of the WHS legislation, NSW Government Guidelines, and the Australian Government Building and Construction Accreditation Scheme.

In NSW there is no strict legislative requirement for a site supervisor to be trained in WHS, i.e. not required to hold a Certificate III in OHS (or other formal OHS qualification).

However, there is the very broad duty imposed by the WHS Act 2011 on PCBU’s to ensure the health and safety of workers and others.

The WHS Act 2011 expands on this duty, requiring PCBU’s to provide the information, instruction and training necessary to protect persons from risks to their health and safety. That is, it is good business practice to train supervisors, enabling them to effectively meet the needs of their roles in site management.

To assist members to meet in training their site managers, site supervisors and site foreman, Master Builders runs the SuperSafe program which has been designed to motivate participants to adopt a systematic, risk management style of management and leadership, to provide participants with the practical skills needed to be an effective supervisor, and to provide participants with the skills and behaviours to positively affect the safety culture on their jobs.