Master Painters Australia

The Master Painters Australia – NSW/ACT Association Inc. Code of Ethics and Conduct

Introduction

The Master Painters Australia – NSW Association Inc. (“Association”) has issued this Code of Ethics and Conduct (“the Code”) to clearly set out the personal and professional standards which the Association expects its members to meet in the conduct of their business affairs.

The Association is dedicated to setting the highest possible bench mark for the standards of its members who participate in the Painting and Decorating industry (“the Industry”) and to ensure that the name of the Association and its Members is synonymous with quality, professionalism and integrity.

All members will strive to comply with the objectives and standards set out in the Code.

All matters relating to the conduct of members and the interpretation of the Code shall fall under the authority of the Association and shall be subject to its Constitution.

Interpretation

For the purposes of the Code, the following words shall have the following meaning:

Association means the Master Painters Australia NSW/ACT Association Inc.

The Code means the Master Painters Australia NSW/ACT Association Inc. Code of Ethics and Conduct.

Constitution means the rules of the Master Painters Association – NSW Inc. as amended from time to time.

Industry means the painting, decorating and sign writing industry.

Member means any person who has been admitted to membership as a Member, Associate Member, Life Members, Retired Member or Privileged Member and except for the purpose of Rule 9.1 and 9.2 of the Constitution shall include a Representative or Additional Representative.

Person means an individual firm, partnership, association, corporation, incorporated or unincorporated body, or anybody duly registered under the Companies Act of NSW or a similar Act of the Commonwealth or any state therein, society, agency or other organisation or combination thereof

For the purposes of the Code, unless the context otherwise applies, the following rules shall apply to its interpretation:

words in the singular include the plural and words in the plural include the singular, according to the requirements of the context. Words importing a gender include every gender;

words of inclusion must be read as if followed by the words “without limitation”;

a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it.

The Code

1. Members shall at all times conduct themselves in a manner consistent with the Objects of the Association set out at Section 4 of the Constitution. 

2. Members shall at all times maintain the highest standards of personal and professional integrity in the conduct of their business. 

3. Members shall at all times carry out their work in compliance with the Construction Code of Australia, all applicable Australian Standards and in accordance with good and acceptable standards of practise in the Industry.

4. Members shall at all times take steps to ensure the protection and safety of persons and property to the best of their ability in the performance of their work. 

5. Members shall at all times be polite, courteous and reasonable in the conduct of their business and personal dealings with the Association, its Members, other professionals in the Industry and particularly with their customers. 

6. Members shall at all times observe and demonstrate the highest standards of transparency, honesty and integrity in the conduct of their business affairs and shall not engage in any misleading or deceptive conduct. 

7. Members shall at all times comply with all laws of the Commonwealth and the State of NSW with particular regard to compliance with legislation and regulations governing Trade Practices, Fair Trading, Fair Work, Home Building, Employment, Anti-Bulling and Discrimination, Work Health and Safety and Security of Payment Legislation. 

8. Members shall not suspend, cancel, repudiate or otherwise terminate a contract or other agreement to undertake work on behalf of a customer entered into in good faith without sufficient reason or just cause. 

9. A Member that is also the holder of a Contractor Licence shall not execute any documentation or allow his/her name, business name, likeness or licence number to be used by a person who is not licensed or provide any assistance which may allow a person who is not licensed to carry out work in the Industry. 

10. Members shall engage in regular, continuing professional development specific to the Industry to maintain and promote the highest standards in the industry for the benefit of the Association’s Members and its customers.

11. Members shall at all times employ, educate, train and assist with the development of apprentices entering the Industry. 

12. Members shall at all times seek to raise the general standards of the Industry and promote the positive image and profile of the Association and its Members while protecting its customers and clients from the dangers posed by unskilled persons operating within the industry. 

13. Members shall at all times provide quotations and estimates in writing. In circumstances where a Member is unable to provide an estimate due to the complexity of the works and/or the requirements of the customer, the Member shall inform the customer of the advantages and disadvantages to both parties of the works being carried out on the basis of a daily or hourly rate to undertake the work as and when requested by the customer.

In such circumstances, the Member must inform the customer in writing of the proposed hourly and daily rates which will be charged for labour, equipment and materials and agree to provide itemised invoices setting out details of the work undertaken together with itemised timesheets.

14. Members must at all times ensure that work is undertaken by competent workman and in the case of unskilled employees or apprentices, under proper supervision.

15. Members must ensure that their employees are paid fair wages and in accordance with agreed rates and awards which may be set down from time to time by Fair Work Australia and/or any other legislative authority to determine such matters. 

16. Members shall if requested by their customers, provide recommendations as to materials to be used while ensuring that all materials recommended and supplied by the Member are good and suitable for the purpose for which they are intended to be used that they are used in accordance with the manufacturers recommendations. 

17. Members shall at all times arrange and maintain insurance cover in respect of employers’ liability, public liability and, where appropriate, professional indemnity liability and Home Building Compensation Cover for building projects over $20,0000 inc. GST, previously known as Home Warranty Insurance, (pursuant to the Home Building Act 1989). 

18. Members must at all times ensure that their sub-contractors:
   a. are fully licensed and insured,
   b. all work, health and safety requirements in respect of each project are fully observed; and
   c. that the terms and conditions of their engagement including rates and method of payment are agreed in writing prior to undertaking any work. 

19. Members must at all times ensure that all works are carried out with due care and skill and in accordance with the plans and specifications set out in the agreement. 

20. Members are at all times obliged to draw to the attention of their customers any deficiencies which, in their opinion, exist in respect of a plan or specification. Members must at all times ensure that such notification is provided to customers in writing. 

21. Members shall provide guarantees to their customers in respect of damage arising due to defective or poor workmanship in accordance with existing regulations.

22. Members shall display prominently on their premises the Association’s Logo and ensure that a copy of the Code is made available for inspection to its customers. 

23. Members shall not engage in misleading or deceptive conduct for the purposes of procuring work and shall ensure that all advertising, marketing or promotion of its business is true and accurate.

24. Members shall comply with all laws, legislation, regulations and industry practice in respect of work, health and safety. 

25. Members shall promote and at all times conduct of their business affairs based on the principles of equality and shall actively work against the unjust or prejudicial treatment of any person based on grounds of race, religion, ethnic background, age, gender or sexual orientation. 

26. The Association shall provide to its members and their customers an Alternative Dispute Resolution service to assist with Mediation, Conciliation and/or Arbitration for the purposes of assisting with the resolution of any disputes which may arise for the benefit of both parties and without recourse to litigation.  

27. In circumstances where a Member has failed to abide by or has otherwise breached the Code, the Association may ask the Member to show just cause as to why the person should be allowed to remain a Member.

Members acknowledge that the Association may also exercise the Disciplinary Powers conferred on it pursuant to Section 51 of the Constitution in circumstances where a Member has failed to abide by or has otherwise breached the Code.