Newsletter

1. Drayton’s Workplace Consulting Newsletter 18 January 2013 Inside this Issue: Summer 2012/2013 Welcome to the Drayton’s Summer Newsletter. This edition will address the new Code for Federal-funded building and construction work, bullying and harassment in the workplace, new state-based Building and Construction Industry Codes of Practice. A brief synopsis of the latest news on wage growth is also included. New Building Code for Federally-funded work On 30 January 2013, the Government announced a new Code of Practice for the building and construction industry which seeks to codify the previous Implementation Guidelines for the National Code of Practice for the Construction Industry. This new code ensures companies undertaking works on Federally-funded projects demonstrate compliance with a range of requirements relevant to building work, including the Fair Work Act 2009, Work Health and Safety laws, Migration Act 1958, Independent Contractors Act 2006, Privacy Act 1988 and the Competition and Consumer Act 2010. Although no major changes from this new code are apparent, this new code shall apply to all current and proposed works funded by the Federal Government where $10 million has been contributed to the project by the Commonwealth. If you require any further information, contact Drayton’s on (07) 3831 7099.

2. Wage Growth Indicators Enterprise Agreements The September 2012 quarter wage trends for enterprise agreements have been released. The table below illustrates the percentage increase in the annual average wage increase of enterprise agreements approved in the quarter. Latest CPI Index The annual consumer price index (CPI) figures for the September Quarter 2012 have recently been released with moderate growth seen both nationally and in Queensland. Nationally, the annual CPI index for the Quarter increased by 2.0% across all groups from September 2012, up from 1.2% in the June Quarter. In Brisbane, the CPI increase was 1.7%. • Bullying and Harassment in the Workplace In recent months, Drayton’s has received a number of requests for advice regarding bullying and harassment. It is essential that company’s are aware of their obligations and understand what constitutes bullying and harassment in the workplace.Workplace harassment is where a person is subjected to repeated behaviour by a person that: • is unwelcome and unsolicited; • a reasonable person would consider to be offensive, humiliating, intimidating or threatening. Workplace harassment does not include reasonable management action taken in a reasonable way by the person’s employer in connection with the person’s employment, however management actions may be classed as harassment or bullying where these actions are primarily used to offend, intimidate, humiliate or threaten workers. • The Work Health and Safety Act 2011 (QLD)and Prevention of Workplace Harassment Code of Practice 2004 (QLD)prescribe numerous obligations on Employers in respect of health and safety in the workplace. The Act outlines the primary duty of care of an Employer is to ensure, so far as is reasonably practicable, the health and safety of its workers while the workers are at work. This includes not subjecting employees, so far as is reasonably practicable, to bullying and harassment. • When handling a workplace bullying and harassment complaint, Employers may adopt either formal or informal procedures. A formal complaint handling procedure should include an investigation procedure; a complaint resolution procedure and an appeals process to higher levels of management. • An informal complaint handling procedure may simply encourage workers to raise their harassment • complaint with an appropriate contact person at the workplace (i.e. immediate supervisor or • manager). Should you require any further information regarding bullying and harassment, • please call our office for assistance on (07) 3831 7099. 2

3. Victorian Building and Construction Code For those Companies undertaking work in Victoria, on 1 July 2012 the Victorian Government introduced new Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry. The new Guidelines aim provide to greater flexibility and productivity within the Victoria’s building and construction industry and to ensure that the Victorian Government maximises value for money on infrastructure projects. The National Code of Practice however, still applies in certain circumstances on Victorian building and construction projects. • Due to the Victorian Government’s aims for the new Guidelines, a number of high profile companies, most notably Lend Lease, have found themselves through certain clauses in their industrial arrangements, at odds with the Code and face a ban on tendering for Victorian Government works covered by the Code. The Government this weekchanged its rules to ensure Companies with ­multiple building businesses do not utilise only one compliant business to bid for government contracts. Under the new rules the parent company will have until June to meet the code or also face bans. • A media release in early December, the New South Wales government advised that it would follow the precedent set by Victoria to maximise value for money on state infrastructure projects by implementing a state based Code of Practice. It is yet to be seen whether the Newman government will implement a similar structure to the Building and Construction Industry in Queensland, with no current proposals in the works as yet. Improve your Workplace • Drayton’sprovides assistance to small and large companies in human resources and workplace relations. We offer a broad range of services including: •  Enterprise Agreements – This includes drafting, research on wage rates, negotiation and • lodging of agreements •  Assistance with compliance for the National Code of Practice for the construction • industry •  In-house training on workplace issues • Industry Wage Analysis •  Advice on employment matters • Policy Development – This includes Drug and Alcohol, Equal Employment • Opportunities, Right of Entry, Indigenous Employment, Discipline, Employee • Relations Management Plans ContactDrayton’s:Greg Power Phone: (07) 3831 7099 Fax: (07) 3831 7922 Email: admin@draytons.com.au ContactDrayton’s:Greg Power Phone: (07) 3831 7099 Fax: (07) 3831 7922 Email: admin@draytons.com.au 3