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/Factsheet_print/Tradespeople/Home_building_licensing/Licence_classes_and_qualifications/_Nominated_qualified_supervisors.pdf
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Standard fact sheet.
/Factsheet_largeprint/Tradespeople/Home_building_licensing/Licence_classes_and_qualifications/_Nominated_qualified_supervisors.pdf
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Large print fact sheet.

Nominated qualified supervisors 

A company or partnership must have a nominated supervisor. The company or partnership is required to specify the name of its proposed nominated qualified supervisor and the nominated supervisor must consent to be the supervisor for the company/partnership.

If only one qualified supervisor is nominated, they must also hold a current endorsed individual contractor licence or qualified supervisor certificate that includes all classes of work that the company or partnership wishes to contract for. The company or partnership may need to nominate more than one supervisor to cover all classes of work that the company or partnership proposes to carry out.

The holder of a company or partnership contractor licence must notify Fair Trading within 7 days of its ceasing to have a nominated supervisor. Failure to notify is an offence.

If, without prior consent from Fair Trading, the holder of a company or partnership licence is more than 30 days without a nominated supervisor acceptable to Fair Trading, the licence will be cancelled.

The nominated supervisor of a licence must notify Fair Trading within 7 days of them ceasing to be the nominated supervisor for that licensee. Failure to notify is an offence.

Acceptable supervisors 

An acceptable nominated supervisor must be:

  • a director of the company, or
  • a member of the partnership, or
  • an existing or proposed employee of the company or partnership.

A supervisor cannot be accepted for nomination if they are:

  • a casual employee,
  • a temporary employee, or
  • a sub-contractor

An employee:

  • is entitled to all the benefits of all relevant industry awards
  • is a 'worker' for purposes of workers compensation legislation
  • pays tax under the PAYE (pay as you earn) system and receives tax stamps or a group certificate for the tax deducted from their wages
  • has the hours they worked recorded in their employer's wages book and is entitled to a statement with each wages payment indicating the hours for which they are paid and any deductions (including tax) made
  • is subject to the control and direction of their employer in matters not affecting their responsibility as a supervisor (eg. the scheduling of work performed by the employee, their starting and finishing times, etc).

If a licenced company or partnership nominates a supervisor for work that is not covered by the licence classes held by the company or partnership, they must apply for a variation and pay the relevant fee.

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Dual nomination 

Dual nomination is where a supervisor is nominated for more than one company or partnership contractor licence. A company or partnership must seek NSW Fair Trading approval for a company or partnership to have a dual nominated supervisor. Approval is decided on a case-by-case basis and satisfy Fair Trading as to the supervisory arrangements in place.

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Supervisor responsibilities 

The nominated supervisor is responsible for carrying out all relevant work undertaken by the contractor. The supervisor actually in control of work is guilty of improper conduct if codes of practice, ordinances or regulations are breached, if unsuitable materials are used or the work is not done with due care and skill.

A nominated supervisor must discharge their responsibilities as the nominated supervisor for their employer personally and cannot delegate them to another person.

This does not mean that the nominated supervisor must always be present at the site if the work being carried out is residential building work.

However, when the nominated supervisor is absent they should:

  • ensure that any work is done by the holder of an endorsed licence, supervisor certificate or registration certificate, or under the supervision of the holder of an endorsed licence or supervisor certificate authorising its holder to supervise that work
  • make arrangements to ensure that all work is, or has been done properly (eg. be readily contactable to give instructions or on their return, promptly inspect work done in their absence).

If the nominated supervisor ceases to be a director, partner or employee, they must notify Fair Trading within 7 days. Failure to notify is an offence.

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Nominated qualified supervisor under automatic mutual recognition 

A company or partnership may elect to nominate a supervisor who holds a deemed local licence under the Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014. This Act provides that NSW will recognise certain current interstate licences without that individual having to get a NSW licence or certificate. This recognition only applies to specific occupations provided for in the legislation. Certain electricians are the first occupations to which the Act applies. For more details visit the Automatic Mutual Recognition – East Coast Electricians page.

If the nomination of the holder of a deemed local licence is accepted by NSW Fair Trading, the nominated supervisor is subject to all laws and requirements as if they were licensed in NSW under the Home Building Act 1989.

Please note that any company or partnership that has a nominated supervisor that has been deemed to be a local licence under the provisions of Automatic Mutual Recognition will need to provide evidence at the time of each renewal that their nominated supervisor’s interstate licence has remained current.

If the nominated supervisor’s main place of residence changes to NSW, then the nominated supervisor must apply for an equivalent NSW licence or certificate and the company or partnership must complete a new nomination form to update the licence record. Significant penalties apply if either the nominated supervisor or the company or partnership fails to notify Fair Trading within 7 days of any changes that affect the contractor licence.

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