Following on from the commencement of the engineered stone ban earlier this year, from 1^st September 2024 there will be stronger regulation of all materials containing at least 1% crystalline silica.

The requirement from 1^st September 2024 under the Model WHS Laws will be that when working with crystalline silica substances (CSS) to control the processing of the CSS by specified means, such as isolation, wet dust suppression, on-tool extraction or local exhaust ventilation.

When working with any product or material that contains at least 1% crystalline silica you must:

1. Control the processing of the product or material.
2. Assess if the processing of the product or material is high risk.

ACFA encourages members to familiarise themselves with the new requirements by reviewing the Safe Work Australia Working with Crystalline Silica Substances: Guidance for PCBU’s, to help protect workers and others at the workplace from exposure to crystalline silica.

Download is Free, Non ACFA Members will be required to create a guest account before downloading

Each jurisdiction needs to adopt the new model laws for it to be enforceable. It is understood that NSW, QLD, TAS, SA, NT, WA and ACT have adopted the model laws. VIC members should note that the requirements for working with CSS differ from the model laws but are largely consistent.

Each jurisdiction also has relevant resources and support material specific to their jurisdiction, ACFA would encourage members to review the specific information on the jurisdiction you operate in by visiting the Safe Work Australia Engineered Stone Ban website.

ACFA Resources for Businesses

ACFA also provides members with access to additional WHS resources for working with crystalline silica including.

Most of these resources are available for free download. Non-ACFA members will need to create a guest account before accessing them

The ACFA 2024 Industry Awards Night was a spectacular celebration of the incredible talent and achievements within our industry. Held at the stunning Doltone House Hyde Park, a new venue for this year’s event, it was an evening filled with excitement, inspiration, and well-deserved recognition for those who continue to push the boundaries of excellence in the cabinetmaking, furniture, and design sectors.

From the moment guests arrived, there was a buzz in the air, and the positive energy carried throughout the night. The venue’s beautiful setting provided the perfect backdrop for an evening that honoured the best in the industry. The feedback from attendees was overwhelmingly positive, with many praising not only the fantastic entertainment and delicious food but also the smooth organisation of the event. The magician and entertainment acts were crowd favourites, with many attendees mentioning how much they enjoyed the fun and lively atmosphere.

We received heartfelt comments like, “The vibe and energy have been lovely, great event!” and “The food and service were amazing!” These glowing remarks only confirm what we already knew – it was truly a night to remember. With such high satisfaction from our attendees, it’s clear that the ACFA Awards Night continues to be one of the most anticipated events on the industry calendar.

Of course, the night would not have been the same without our extraordinary nominees and winners. Their contributions and outstanding projects were the highlight of the evening, and we were thrilled to celebrate their successes with them.

Each nomination represented dedication, creativity, and innovation – values that continue to drive our industry forward. We congratulate all the nominees and winners for their achievements and thank them for helping make the night such a memorable occasion.

As we look ahead to next year, we’re already excited about the incredible projects and talent we’ll have the privilege of celebrating. The bar has been set high, and we know that the talent in this industry will continue to rise to the challenge.

We look forward to seeing even more inspiring nominations and projects at the ACFA Awards next year, as we continue to recognise the very best our industry has to offer. Here’s to another amazing year of innovation, craftsmanship, and achievement!

WorkSafe Victoria v A Worldwide Pty Ltd (2024),

Arrow Worldwide Pty Ltd (offender) was recently fined over $413,000 after a serious forklift incident left a truck driver with life-altering injuries, including the amputation of both legs.

Initially fined $140,000, the penalty was significantly increased on appeal due to the severity of the breach. The court noted that, but for the plea of guilty, the offender would have been sentenced to pay a fine of $800,000 with conviction.

Although Arrow Worldwide had been in operation for 30 years with no prior convictions and had a positive reputation as a good corporate citizen—regularly donating to charitable organisations and sponsoring various clubs and events—these factors played a subsidiary role in determining the penalty. The court emphasised the importance of setting a penalty that would act as a warning not only to the offender but also to others who might hear of the matter.

WorkSafe attended the workplace following the incident and observed that the offender had failed to demarcate a driver safety zone which ensured that truck drivers were segregated from forklifts during the task of loading vehicles.

By its plea, the offender acknowledged that it failed to provide a safe system of work for the task of loading and unloading vehicles at the workplace which:

• Required there to be no movement of machinery and persons at the same time within the area in which the forklift was used to load/unload;
• Required transport drivers to be located in an area that was free from interaction between equipment, machinery and persons (the driver safety zone) before the task was commenced; and
• Required transport drivers who attended the workplace to be instructed in relation to the loading and unloading exclusion zones, and in particular, the need to remain within the driver safety zone while the activity took place

The incident highlights critical safety failings that could have prevented the accident. Forklifts are essential tools in our industry, but they come with serious risks. Ensuring that clear safety protocols are in place, such as segregating drivers from forklifts, is not just best practice—it’s a matter of life and death.

Let’s take this as a stark reminder of the importance of forklift safety. Review your workplace procedures, make necessary adjustments, and always prioritise safety to avoid devastating consequences.

Engineered Stone Ban

Since the engineered stone ban took effect on 1 July in Victora, many stone suppliers and manufacturers have been subject to unexpected WorkSafe inspections. As a result, hundreds of illegal benchtops have been detected.

Scores of stone suppliers and manufacturers have faced surprise WorkSafe inspections and hundreds of illegal benchtops have been detected since Victoria’s engineered stone ban took effect.

Victorias WorkSafe’s Silica Field Team conducted visits to 52 industry sites over the past month, issuing 25 compliance notices. During these inspections, more than 65 samples of suspected engineered stone, as well as products labelled as porcelain and sintered stone, were seized for testing to determine their silica and resin content.

In addition, nearly 1,000 banned engineered stone benchtops have been placed under non-disturbance notices to prevent their distribution to Victorian businesses and consumers.

WorkSafe Victoria also issued improvement notices to duty holders who lacked the required hazard control statements or did not provide adequate information regarding the silica content of alternative products, such as porcelain or sintered stone.

WorkSafe Victoria has made it clear that they will take firm compliance and enforcement action against any duty holders who violate the engineered stone ban. This could include prosecution and substantial fines.

JULY ENFORCEMENT ACTION

Sites Visited	52
Samples Seized	65
Compliance notices issued	25
Duty holders referred for investigation	2

From 1 July 2024, employers should be aware of several important changes that have come into effect, including increases to the minimum wage and superannuation rates, tax cuts, WHS changes as well as other requirements, penalties and incentives.

For July, this includes:

National Minimum Wage

From 1 July 2024, the National Minimum Wage increased and is applied from the first full pay period starting on or after 1 July 2024. ACFA has updated our Award Snapshots for our Members to incorporate the new rates, which can be downloaded by logging into the ACFA Member Portal: 

Super guarantee rate

From 1 July the superannuation guarantee rate increased from 11 per cent to 11.5 per cent.

Unfair dismissal high-income threshold

From 1 July the threshold increased from $165,500 to $175,000.
The maximum compensation that can be awarded by the Fair Work Commission will rise from $83,750 to $87,500.

General protection claims are uncapped.

The high-income threshold operates as a limit to an employee’s eligibility to be protected from unfair dismissal under the terms of the Fair Work Act.

If an employee is not covered by a modern award, or if an enterprise agreement does not apply to them, they must have an annual rate of earnings of less than the high-income threshold.

Increase to the Fair Work Commission filing fees

From 1 July 2024, the filing fee for dismissal, general protections, bullying and sexual harassment at work applications has increased to $87.20.

Stage 3 tax cuts

From 1 July 2024, Australian taxpayers will receive a tax cut. The changes will:

• reduce the 19 per cent tax rate to 16 per cent.
• reduce the 32.5 per cent tax rate to 30 per cent.
• increase the 37 per cent tax threshold from $120,000 to $135,000.
• increase the 45 per cent tax threshold from $180,000 to $190,000.

Engineered Stone Ban

From the 1 July 2024 Australia banned the use, supply, and manufacture of engineered stone.

The ban will apply to engineered stone benchtops, slabs and panels. For further information including links for each states and territory’s requirements. 

Environmentally Sustainable Procurement Policy

The Australian Government’s new Environmentally Sustainable Procurement Policy will take effect from 1 July, meaning if your business supplies goods or services to the government, this you’ll be required to undertake activities to substantiate environmental claims and demonstrate compliance with the policy.

From the 1 July 2024 the amount of paid parental leave offered by the Federal Government for eligible workers has increased from 20 to 22 weeks. The paid parental leave scheme will continue to increase by two weeks on 1 July of each year until 1 July 2026, when it reaches 26 weeks.

Australian Apprenticeship Incentives System

From 1 July 2024 the Australian Apprenticeship Incentive System will move to Phase 2.

Priority occupation employers and apprentices that take up an apprenticeship from 1 July 2024 can claim up to $5,000 for full-time apprentices and lower rates for part-time apprentices.

Example: Cabinetmakers and Furnituremakers are priority occupations

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BUT WAIT, THERE’S MORE

ACFA will continue to provide our members with detailed information on these updates, plus other important topics including:

• Increase in Paid Parental Leave
• Casual Employees
• Independent Contractors
• Right to Disconnect
• Tax-Free Part of Genuine Redundancy Payments
• Right of entry exemption certificates and permit conditions
• Workplace Delegates’ Rights
• Industrial Manslaughter Offence for the Commonwealth Work Health and Safety Act 2011

Put your projects into the spotlight by submitting them into the 2024 ACFA Industry Awards. 

There are many great ways to put your company and projects in the spotlight to help build your brand and attract future customers. 

The Entries Deadline is fast approaching with projects due 31st July 2024:

Winners will again be featured in the Kitchen Bathroom Quarterly Magazine‘s Summer Edition+ across other media channels to put a spotlight on our winners!

Boost your social media presence as your projects are featured across ACFA’s, Sponsors + Your own Social Media Channel

Leverage your Achievements by using the ACFA finalist/winner logo to enhance your business’s credibility and attract new clients through your marketing materials and digital platforms.

Increase your business’s online visibility. Being a finalist or winner can enhance your brand’s presence on various digital platforms, drawing attention from potential clients and industry professionals alike – just like Divine Kitchens did last year

Project Eligibility:

• Broad Eligibility: Open to projects completed between January 1, 2023, and June 30, 2024, including those not previously entered.
• Reappraise Past Projects: A chance to submit projects that missed last year’s deadline.

In a recent initiative aimed to enlighten career advisors about the potential career paths within the cabinet, joinery, and furniture industry, the Australian Cabinet and Furniture Association (ACFA) (RTO: 90432) hosted an inspiring tour at Castlewood Kitchens, in Western Sydney. This tour, the first of its kind for ACFA, was part of a broader effort to showcase the vibrant career opportunities available to young aspirants through a Certificate III in Cabinet Making and Timber Technology (MSF30322).

The tour saw career advisors from various schools in the area immerse themselves in the day-to-day operations of Castlewood Kitchens, a prominent member of ACFA. The advisors gained firsthand insight into the intricate world of cabinet making, highlighting not just the craftsmanship involved but also the technological and design skills that are integral to the industry.

Geoff Dickson, one of the attendees, praised the initiative as a “great opportunity” and expressed a keen interest in bringing students to witness the process firsthand, possibly integrating it into vocational education and training (VET) programs. He suggested, “It would be great to have a forum at the college with Year 10 students before they select their subjects for Year 11.” Dickson also highlighted the potential of having ACFA representatives like Glen speak to students, especially to those who might not have direct familial ties to the trades, to broaden their horizons regarding career possibilities.

Nashwa Karafotias from St Agnes Catholic High School found the day “extremely informative” Karafotias also recommended that students currently working in the industry should visit schools to speak about their experiences, thereby making the industry more relatable to younger students.

A significant takeaway for the advisors was the list of potential employers provided by ACFA, which is a valuable resource for guiding students towards meaningful employment opportunities in the industry. The combination of witnessing the work environment and hearing directly from apprentices and seasoned professionals offered a comprehensive view of the industry’s appeal and the robust support system available to newcomers.

The Career Advisor Tour by ACFA at Castlewood Kitchens represents a pivotal step in opening doors for future generations to consider trades and industries that they might not have previously contemplated. By connecting educational professionals directly with the realities of the industry, ACFA is ensuring that more students are aware of and can access the fulfilling career opportunities that lie in the fields of cabinet making, joinery, and furniture production. This initiative not only enlightens but also inspires, paving the way for a new wave of skilled craftsmen and women who will shape the future of this vibrant industry.

Expressions of Interest for Future Tours

If you are interested in attending a future Career Advisor Tour, please click the link below to enter your details so we can share more information as tours as announced.

Click to Enter Details

Safe Work Australia has published new guidance to assist persons conducting a business or undertaking (PCBUs) understand their work health and safety obligations relating to the engineered stone ban, which comes into effect on 1 July 2024.

Please note that some States/Territories have transitional periods,  for specific details about the implementation of the engineered stone prohibition in your jurisdiction, including the commencement date and any applicable transitional arrangements, please refer to the Safe Work Australia website via the button below to view links to each jurisdiction:

The guidance provides information for PCBUs about:

• The scope of the ban
• Permitted work for repair, removal, minor modification and disposal of legacy engineered stone.
• Notification of work with legacy engineered stone.
• Exemptions from the prohibition.
• Their duties under the national notification framework to notify the WHS regulator before carrying out any permitted work with legacy engineered stone benchtops, panels and slabs
• Their duties to ensure controlled processing of sintered stone, porcelain products and, where permitted, engineered stone, and
• The national exemption framework, including the process and requirements for seeking an exemption from the ban for a type of engineered stone where there is compelling evidence that the stone can be worked with safely.

Safe Work Australia has also updated the existing National Exemption Framework – Guide for applicants for exemptions and National guide for working with crystalline silica and crystalline silica containing products to reference the engineered stone ban.

Please also note that each jurisdiction will develop their own Form for Notification of Permitted Work with Legacy Engineered Stone and Engineered stone prohibition: Guidance for PCBUs based on Safe Work Australia’s model versions.
 
ACFA will update members when these forms become available for each jurisdiction, and would encourage members to follow our social media platforms as well as check our website.

Learn more about the ban, including frequently asked questions and jurisdictional transitional arrangements, on the engineered stone ban website.

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ACFA Members

ACFA members, can contact our Workplace Advice Team for assistance in relation to employment matters which may impact your business.

Members can also view and download resources from the ACFA Member Portal WHS/ Crystalline Silica Tab – please remember to enter your username and password to be able to access the member only resources

Furniture suppliers will be required to provide safety warnings to consumers about the dangers of toppling furniture, after the Assistant Treasurer, the Hon. Stephen Jones, made a new information standard for toppling furniture, the Consumer Goods (Toppling Furniture) Information Standard 2024.

This new standard applies to certain types of furniture and will require suppliers to attach a permanent warning label to furniture; include safety information and advice about anchoring furniture in manuals and assembly instructions; and provide warnings about the hazards of toppling furniture in furniture stores and online.

Suppliers must comply with these requirements from 4 May 2025.

Products the mandatory standard applies to

Freestanding household furniture can be dangerous if it falls or topples over.

Warnings and safety information must be provided when supplying these 3 categories of furniture.

Category 1

A clothing storage unit or bookcase with a height of 686 mm or more. A clothing storage unit is an item of furniture intended to primarily store clothes. It has one or more doors or drawers.

Category 2

Entertainment units of any height typically used for housing televisions, home theatre systems or gaming consoles.

Category 3

Hall tables, display cabinets, buffets, and sideboards with a height 686 mm or greater.

Products the mandatory standard does not apply to

The mandatory standard excludes:

• furniture that was bought by a consumer and is being resold
• second-hand furniture, including furniture that was previously bought and used commercially
• furniture designed to be fastened to a wall or other structure and that can’t be used unless it’s attached.

On Friday 10 May 2024, WHS ministers agreed to 2 sets of amendments to the model WHS Regulations, which will help protect workers from silicosis caused by exposure to respirable crystalline silica.

These amendments give effect to the engineered stone ban from 1 July 2024 and provide further regulation of all materials containing crystalline silica from 1 September 2024.

The first set of amendments to the model WHS Regulations includes 2 new national frameworks relating to the implementation of the engineered stone ban, one for notifying a WHS regulator about permitted work with legacy engineered stone and the other for applications for exemptions for certain types of engineered stone, from 1 July 2024.

The second set of amendments will give effect to stronger regulation of all materials containing crystalline silica, from 1 September 2024.

Individual jurisdictions must make the amendments within their respective work health and safety laws to implement the ban in their jurisdiction from 1 July 2024 and the stronger regulation of all materials containing crystalline silica from 1 September 2024.

Western Australia and South Australia will have transitional arrangements in place from 1 July 2024 to 31 December 2024. Queensland and Victoria will not have a transitional period for the ban, with all other jurisdictions yet to confirm. For an outline of timelines, an overview of jurisdictional transitional arrangements, links to jurisdiction-specific resources, and frequently asked questions, please click the link below to the Safe Work Australia engineered stone ban website:

Safework Australia are also currently developing guidance to support PCBUs understand how the amendments to the model WHS Regulations will affect them. It is expected this guidance will be released by Safework Australia in early June 2024 to assist PCBUs and workers understand and comply with the engineered stone ban, ahead of the 1 July 2024 implementation.

To read the full details of the communique from the WHS ministers meeting click the link below:

ACFA will continue to keep the industry updated in relation to the ban on engineered stone and will continue to raise our industry challenges through representation on the Australian Chamber of Commerce and Industry (ACCI) Work Health and Safety Committee and Silica Reference groups.

If you haven’t already done so, ACFA would encourage you to speak with your supplier on alternative options as more options continue to become available that may suit your business or customers. 

ACFA Members

ACFA members, can contact our workplace advice team for assistance in relation to employment matters which may impact your business.

Members can also view and download resources from the ACFA Member Portal WHS/ Crystalline Silica Tab – please remember to enter your username and password to be able to access the member only resources

Please contact our workplace advice team either by email at membership@acf.net.au or phone our toll-free number on 1300 342 248.