Should the Building Commission (BC) of WA and the SAT work with the Building Industry for a better outcome for the customer?
Yes but the experiences of the small business person, builder and sub-contractor may suggest otherwise.
The whole legal system is founded on the Australian Constitution. The Building Commission and the SAT are bound by this constitution.
The BC by law, are at liberty to determine their own policies. Policies are not law.
The SAT are not bound by evidence like a court but can make decisions on what they think is likely based on what is presented. There are no actuaries employed by the SAT.
The SAT are required to give “reasons for decision”, this is the process of how facts not opinions led to their decision.
The Australian Constitution applies. You cannot be convicted of stealing if a theft has not occured, even if someone overheard someone saying something in a pub and reported it. That is gossip, not evidence.
The BC are more interested in discipline than justice. If they worked with the industry there would be no need for discipline because prevention is better than cure.
Charging a variation for material and labour increases only applies to cost plus contracts. That is contracts that are headed “COST PLUS CONTRACT”. It would help the industry if the BC announced this like the MBA and HIA.
The HBCA 1991 states such a clause is void even if it is signed. You cannot contract out of an Act of parliament.
The right wing Authoritarian regime where everyone is a suspect does not work in Western Democracies. The building industry works in collaboration and harmony with each other trades and bosses alike to achieve the best possible outcome for the customer.
Australians fought two world wars for peace and democracy so let’s just do it!
The Australian way of life. Giving it a go. Getting a fair deal. Standing by your mate when he’s in a fight. Giving it your best shot. Giving and getting the benefit of the doubt. No true blues at the BC.
A fair and independant view of the system can be viewed here:
Australians standing up for their rights!
CIBC ensuring the Rule of Law includes everyone in the building industry and everyone is treated with respect and not as a suspect.
If you feel that you haven’t been treated fairly as the Constitution intended give us a call.
Experience vs Nepotism
Expert witnesses should be from the building industry and have the necessary qualifications and experience at the position they are giving evidence on.
A society that supports the rule of law is not one composed of uncritical and obedient citizens; rather it is one whose citizens understand and respect just laws, are aware of their function and know how to engage with them constructively and how to challenge them as needed, within the appropriate mechanisms and institutions.
– United Nations Office on Drugs and Crime
Don’t think because it’s the Government that’s it. They get it wrong too but at the expense of the tax payer.
The Building Industry is results driven, you get paid for the result of your labour irrespective of the time taken. The government officials get paid for the time taken irrespective of the result.
Working for a fixed price creates urgency in the work. The result is never compromised by this as payment is also dependent on the result.
In 50 years I have never met a subby who did a lesser job because it is cheaper and quicker to do so.
It doesn’t cost any more or take any longer to do the job right the first time.
The small Builder’s major competitor is Government “Red Tape” not other builders.
The time irrelevant official understand the sense of urgency the result driven builder has to deal with, after all they get paid irrespective of the result. The builder gets paid only when the result is achieved.
Larger businesses often have compliance officers purely to deal with the plethora of “Red Tape”.
Ignorance of the Law is no excuse so keeping up for the small business person is draining when the rules are constantly changing. Bring Back the Uniform Building By Laws?
Everyone who works in the Building Industry knew they were going to be in the industry from a young age, just like their dad. Jesus was a carpenter just like Joseph. It was something they expected of themselves. The government official may work with building matters but are never part of the building industry.
Having to explain construction supervisor means the same as building supervisor or bricklaying is a site based activity can be tedious for someone from the industry.
An industry experienced part time employee would achieve far more than a full time inexperienced person and be cheaper with less overhead. It would also speed up the processes and save a lot of time dealing with the SAT over matters that could easily be dealt with at Department level.
Why have a hearing when it’s not necessary?
White collar workers in the aircon may be perceived as an authority by a person in a similar role but the bloke in charge of the site achieving the result knows all and says little as results speak for themselves.
It may be perceived an official from a relevant department know their subject but they may not, they may have had very limited site experience and can only imagine what being a builder is like.
The Health Department doesn’t just employ sick people.