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  • #8391
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      Recently our Strata Manager ordered an Asbestos Report for our small residential strata scheme without telling the O/C beforehand.

      Since we are a small residential unit block I phoned Work Cover NSW to confirm if we needed this report and they say we don’t as we are exempt under the PCBU. They confirmed that the tradespeople we pay to do repairs and maintenance are not considered employees in our case.

      I approached the strata manager about it and they insist it’s needed under the new WHS laws despite Work Cover telling me otherwise.

      They are claiming that work Cover “ordered “them to get report done on all unit blocks they manage.

      Our Strata plan does not employ any workers, has no employer Number or any payroll books. We use businesses/tradespersons  to do repairs and maintenance on the common property.

      According to the Work Cover Website it states;

      A strata title body corporate responsible for any common areas used only for residential purposes is excluded from the definition of a person conducting a business or undertaking (PCBU – the new term that includes employers) under the Work Health and Safety Regulation 2011 (WHS Regulation) unless the strata title body corporate engages a worker as an employee.

      https://workcover.nsw.gov.au/ne…..orate.aspx

      Whats your take?

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #16519
      FlatChatFan
      Flatchatter

        gusmich, 

        Wouldn’t you want to know the extent of any asbestos around where you live?

        I am planning to find out if our small complex has an asbestos register and if not, will propose that it be started at our next AGM.

        #16518
        kiwipaul
        Flatchatter

          @FlatChatFan said:
          gusmich, 

          Wouldn’t you want to know the extent of any asbestos around where you live?

          But it is up to the owners to decide on any inspection that are required, NOT for the SM to take it upon himself to decide something needs doing without the approval of the majority of the owners.

          Tell your  SM to go ahead and get a report done but he pays for it himself as it NOT been authorized by the Strata. Make sure their is no nasty condition in your Strata agreement with your SM that he can authorize any work he thinks is required (without your ok).

          Yes and I agree with you most small complexes are excluded from the WHS requirements, and our SM keeps trying to get us to pay for a needless report as well.

          #16522
          Banned
          Blocked
          Chat-starter

            We already know, the issue centers more around if this is compulsory and if the SM has the right to do this without notification to the O/C and claim its compulsory.

            #16529
            Whale
            Flatchatter

              gusmich, I think your questions have been answered:

              1) The Report is not compulsory for Strata Plans that are entirely residential (i.e. no mixed use, such as with commercial Lots on the lower floor/s)

              2) Your Strata Manager cannot commission the Report without the O/C’s consent unless that’s covered by any delegations given in the Strata Management Agency Agreement (look for general delegations that may apply).

              Whether you want a Report to voluntarily identify asbestos materials in the construction of your Plan is the real issue. As you’ve indicated, your O/C and many others would already know what the Report may identify ($$), and frankly that level of knowledge and a degree of common sense with regard to future maintenance is often sufficient.

              #16547
              Banned
              Blocked
              Chat-starter

                Thanks Whale and FlatChatFan,

                After speaking to Work Cover NSW again (the strata manager refused to accept that it wasn’t compulsory so i was forced to get it in writing) The person i spoke to at  Work Cover told me that this issue has turned into somewhat of a “Asbestos Report Ripoff” for some strata plans. Apparently they get calls about this on a daily basis and some plans are being forced to pay thousands for reports they don’t need.

                I don’t know how im suppose to manage sinking fund budgets if we aren’t told about it, and that money would have been better spent elseware. 

                #16550
                Banned
                Blocked
                Chat-starter

                  Thanks kiwipaul i agree 100%

                Viewing 6 replies - 1 through 6 (of 6 total)
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