A company or partnership must have a nominated supervisor.
They must specify the name of the proposed nominated qualified supervisor and the nominated supervisor must consent to the position. 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 contracts for. The company or partnership might need to nominate more than one supervisor to cover all classes of work.
The holder of a company or partnership contractor licence needs to notify NSW Fair Trading within seven days when they don’t 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 goes more than 30 days without an acceptable nominated supervisor, the licence will be cancelled. The nominated supervisor of a company or partnership must also let Fair Trading know within seven days of leaving a nominated supervisor for that licensee.
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
- 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 their work hours recorded in the employer's wages book and is entitled to a statement for each wage
- 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.
Dual nomination is when a supervisor is nominated for more than one company or partnership contractor licence. A company or partnership must get Fair Trading’s approval for a company or partnership to have a dual nominated supervisor. Approval is decided on a case-by-case basis.
The nominated supervisor is responsible for carrying out all relevant work for that contract. They are also responsible for upholding the codes of practice, ordinances and regulations.
The nominated supervisor does not always have to be at the site if the work being carried out is residential building work. When the nominated supervisor is away, they should:
- ensure that any work is done by someone with 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).
It should be noted that there are different responsibilities on a nominated supervisor who are supervising specialist trade work.
If the nominated supervisor stops being a director, partner or employee, they must let Fair Trading know within seven days. Failure to notify is an offence.
Nominated qualified supervisor under automatic mutual recognition
A company or partnership can nominate a supervisor who holds a local licence under the Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014. This Act says that NSW will recognise certain 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. Visit the Automatic Mutual Recognition – East Coast Electricians page for more information.
If the nomination of the holder of a local licence is accepted by 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.