Motor Dealers and Repairers Regulation NSW 2020

Auto Glass Certification Program For NSW Operators

NSW Auto Glass Repairers should be aware the Australian Government have thought now is good timing to introduce licensing and certification programs into our industry. This means as of September 1 2020, auto glass technicians performing windscreen repair work on NSW soil will be required to be an employee/contractor for a licensed auto glass company. In addition, as an individual auto glazier you must be certified.

Australian Auto Glass Association

Recent information published by the Australian Auto Glass Association suggested it was submitting a response to the paper and had encouraged its members to assist with input. Service 8 also made inquiries and representatives of Services NSW were unsure of details and directed us to websites and general information. The information we have been told is that, “The regulation is new and we are unable to provide documentation at this time”.

I’m not too sure how to react regarding the results of our inquiry? I’m amazed that the certification has a date set to be implemented, but the people who are implementing it are not sure of the details, certification, etc. It would make sense to know the plan first, before implementing the plan, not the other way around.

Auto Glass Training & Certification

Many of us have completed similar certification to the proposed “Cert II” (AUR20912) already, however, this older certification may not be sufficient. Going forward if you wish to practice auto glazing in NSW, mobile or otherwise, you may require evidence of the new certification. Certificate II in Automotive Glazing. AUR20912

What About Training For Long Serving Techs & Business Owners?

There is a marginal chance long servicing technicians may be given a pass, or a shortened/accelerated course based on current experience. However, I believe this is an optimistic expectation and should not to taken for granted. It’s likely you will be forced back to school to complete your ABC’s regardless of experience. I understand this makes little sense, so this is why you must act if you disagree, or if you believe you deserve some credits for your current experience level.

Technicians with little experience and or zero certification will almost certainly have to undergo certification/tests. Who pays for this training is an important question. The employee or the employer? If it’s the employer what terms/conditions should you take to prevent trained staff from being poached by another company after you have made a substantial investment in them. There are many more questions to be asked depending on your business model.

Statutory Review of the Motor Dealers and Repairers Act 2013

You do however have an opportunity to respond to the discussion paper and you should get involved. Don’t assume because you are a small business/sole trader you will not be heard. In addition, don’t leave it up to a third party like the AGA to act on your behalf. Your requirements as an individual may not be the same as the general population, or large corporation. It could be the the AGA are not looking for the same outcomes you want as an individual and your views may not be aligned. By all means allow the AGA to respond to the paper, but you should also take a moment do so yourself.

I would also encourage auto glaziers in other States to participate even if this does not effect you at this time. Why? because you should expect these changes will also be coming to a post code near you sometime soon. What’s more, if you are part of an association it would be important to all act for each other.

Here is the link to the Statutory Review of the Motor Dealers and Repairers Act 2013 Paper. Auto Glass business owners and technicians should take time to read and understand it. If you disagree with any proposed changes, or have any ideas of your own to add, now is the time to speak up. You have until the 14/08/2020 before submissions close (now expired).

More importantly here is the link to the online discussion paper/form to raise your concerns regarding the Statutory Review of the Motor Dealers and Repairers Act 2013. You can also submit an email if you prefer, or if you have trouble with the page. Send direct emails to. motordealersandrepairersreview@customerservice.nsw.gov.au

More Training & Regulation Will Not Fix A Poor Work Ethic

Iv stated in past writings that training can be a good thing, as long as we learn a new skill. Advance techniques that build on current skill levels are always welcome and often essential. Unfortunately the proposed certification is not. In fact, it’s so fundamental I can’t see how any practicing technician could benefit.

For example, Cert III has a section on Butyl Kit Installations, so perhaps the course is in need of a refresh/update itself.

In addition, we all realise certification will not fix bad workmanship in our industry problems. Why? because the current system is structured in a way that rewards productivity not quality. Low rates paid by networks for insurance contracts means small companies must be productive, because of fine margins. This inevitably leads to short cutting, untested cheap products and a careless attitude from technicians.

Finally, specialist removal tools/lifting devices designed to improve safety and quality are ignored because using them increases job time. In our industry it’s not uncommon for mobile technicians to boast 10 jobs in an 8 hour day. I can say with confidence that productivity performances such as this are not possible without short cutting. Training, licensing and certification does not fix this, in fact, it does not even address it.

Bad Timing Of Substantial Auto Glass Industry Change During Covid.

With the recent and ongoing disruptions of Covid, I believe any proposed changes should be pushed back to at least the end of 2021. Small business operations have been repeatedly disrupted in the form of border closures, lock downs, delivery delays and even Australia largest windscreen wholesaler closed for a week with little explanation. All labeled under the banner of Covid.

In addition, it’s unlikely business would be prepared to invest in staff training at this time, as many employees are currently claiming Job Keeper. It’s not until the Job Keeper program expires later in the year will we know the true impact of Covid restrictions on our industry.

Government expecting small business to invest in staff training and licensing at this time is surprising to say the least. Many may be out of work when Job Keeper expires, so staff training makes little sense until this is clear.

If you agree the changes should be postponed, then I urge you to write an email/fill out the form in the above links. You have the option to have your comments remain anonymous on the website if you wish. This is a chance to submit your view directly and as a business owner and you should.

It’s time to stand on your own two feet. Don’t waste time and effort writing posts on Facebook Groups complaining. Respond to the paper, or drop into your local MP’s office and ask for some assistance. Don’t wait for others to act for you.

Addendum 16/07/2020

After much investigation we have been informed directly by TAFE NSW management that Cert II Auto Glazing, is not currently available in NSW. Many assessors have now retired and/or are not qualified to asses others for the required certification. As a result, even if licensing/certification was submitted for legislation on September 1 2020, Auto Glaziers could not sit any available course at this time.

We have forwarded this information to the office of our local MP Geoff Provest. Who has made a formal representations to the Minister for Better Regulation and Innovation, the Hon Kevin Anderson MP on our behalf.

You can’t be sure in these matters. However, we are very confident that the legislation for licensing and certification for the Auto Glass Industry NSW would have to be pushed back to a date when NSW TAFE could provide the CERT II Auto Glazing throughout the State.

Update 27-07-2020

A post was made yesterday on the Australia Auto Glaziers Facebook regarding the proposed changes to licensing and certification of Auto Glaziers in NSW. The post suggested that on “The Grapevine” changes to NSW regulation were looking imminent and we would be informed by the AGA regarding this.

I found this statement interesting as the changes to NSW regulation have yet to be tabled and according to the Government website link above are still in discussion. The question being, how can it be concluded when we are still in discussion. The post was soon edited and dismissed as an error, it was now said to be rumor.

Coincidentally within a few hours a statement was release by the AGA on the Facebook Group claiming their officers had been in meetings with Office Of Fair Trades NSW and TAFE NSW to put a case forward to the NSW Minister for Better Regulation and Innovation Kevin Anderson, MP.

The question still remains that Auto Glaziers in NSW and others trading over the border from QLD, VIC and SA will soon be expected to hold a Cert II in Auto Glazing when NSW TAFE currently has this course out of scope. We are informed by the AGA the reason for this lack of planning and availability of the Cert II is and I quote. “The decision to include Auto Glazing in the “Specialised Classes of Repair Work” addressed by this regulatory change was based on a presumption that members of our industry would already hold an Automotive qualification. So, any change would have minimal impact“. Which still begs the question, why would the Minister assume that every Auto Glazier would be certified, especially when certification is not required and never has been in Australia.

I’m far from an expert in political procedures. However, I would expect if the Minster has made this call and assumed all practicing Auto Glaziers have a Cert II already he would have done so on the advice of an industry group. As far as I understand this is the fundamental reason for lobbies. Ministers can’t be expected to know all the details of specific industry matters so they look to advisory groups for advice.

If you don’t have certification my advice is that you call your local NSW TAFE and ask if this course is available in your local area and what is the RPL (Recognition of Prior Learning). If it is not you should visit your local MP and ask how can certification be required when it’s not available. Ask your MP if they can write to the NSW Minister for Better Regulation and Innovation Kevin Anderson, MP on your behalf.

Update 28-07-2020

Today I had further detailed discussions with TAFE NSW management regarding the NSW regulation. The person I spoke to was very informative. I was told that TAFE NSW is working as a priority to make this certification available by September 1.

It has been extremely difficult for them to implement as they had no prior knowledge or information about the changes. I find this very disturbing that NSW TAFE have not been informed in advance of the proposed changes.

I asked why would a Minister propose industry changes and assume that all Auto Glaziers would be already be certified? (As stated by AGA) In addition, why would Government not inform NSW TAFE and allow them time to prepare? I was told that for this to happen it would likely be that an industry group would have played an instrumental roll in making this happen.

I was also informed that there may be private organisations offing the Cert II. Perhaps the AGA is offering this course internally?

Prior Skills Recognition

I was informed by TAFE NSW that legally they are obligated to offer Prior Skills Recognition, this is fundamental. This may be in the form of experience and/or prior certification. So those of you who completed the O’Brien certification up to Level IV by the Australian Automotive Mechanical Engineers may get a pass.

The most important thing you can do now is visit your local MPs office. It’s not difficult or intimidating and they are very happy to assist, this is what they are there for. Explain the situation and ask for the dates to be pushed back until such time as TAFE NSW have this certification back in scope.

Forget about the 15 second question-air from the AGA, this is the equivalent of a quick fit. If you want something done don’t take the quick easy path. It’s time to stop asking your father to fix it and stand on your own two feet. Visit your local MP today. If you require any information I’m happy to advise, I’m right up to speed on this. Give me call.

Update 07/08/2020

I’m sure many would have had the update from the Australian Auto Glass Association regarding their meeting/phone conversation with officers working for NSW Minister for Better Regulation and Innovation Kevin Anderson, MP.

It appears that common sense may have prevailed and dates and amendments to the proposed licensing and certification of NSW Auto Glass Technicians will be changed.

Still, without meaning to sound too critical towards the AGA I can’t help but read the strange language used in the broadcast. It reads “As a result of our meeting with them on 26/07/20 our recommendations have been considered and they have allowed us to share with you to confirm that they are now currently looking at making amendments.

Allowed us to share with you?” What’s the big secret? Whats more, if there is a secret why would the AGA officers in the meeting have special privileges over any other auto glass company. Perhaps I’m reading into it too much, however, I can only read the language used and it appears strange the way it’s worded.

Anyway, it does seem likely changes will be made, which is no surprise since the Cert II is still out of scope at TAFE NSW and the bottom half of the State of NSW is locked down with Covid.

Update 21/08/2020

NSW Minister for Better Regulation and Innovation Kevin Anderson, MP. made an announcement today pushing back regulation for the Auto Glass Industry in NSW until November 2021.

It’s to be expected for all the above reasons covered. I’m not sure why Mr Anderson announced the changes in the first place. A simple inquiry would have revealed that the system is not yet in place for regulating, not to mention lock down zones making it now impossible for technicians to travel to locations where the Cert II is available.

31/08/2020

Yet another update. Since the announcement of the push back date (November 2021) of the licensing the AGA shared an email suggesting the fundamental required certification has been modified. Cert II as a minimum had now been raised to Cert III, however, this information is inaccurate.

This information clearly states that only Cert II is the required qualification. Scroll to the bottom under the heading “Specialised repair work from 1 November 2021”. It’s clearly states Cert II as the entry level qualification to obtain a Trades Persons Certificate in NSW. Your company will also of course have to obtain a license.

15/09/2020

After writing to the NSW Minister for Better Regulation and Innovation Kevin Anderson, MP. We had a response from Fair Trades NSW. I personally had a phone conversation today and senior officer that I will keep anonymous.

Cert II is sufficient as well as Cert III. The reason for the confusion was that O’Brien Techs are trained to Cert III. Apparently it was discussed that since this was the case either Cert II & III would be fine since Cert III has extra units on top of Cert II. All pretty logical, however, some groups have been broadcasting mixed messages and I just want to be clear with some facts.

There is to be much more discussion of this topic as it progresses and I’m sure it will not be the last thing to be said.

10/12/2020

With confirmation for NSW Fair Trade we can now announce with confidence that any technicians who hold a certification obtained at Windscreens O’Brien during the 90’s and onward will be accepted as Level II Certification. This information can be confirmed after working directly with a senior officer at NSW Fair Trades that I will keep anonymous.

It’s important to note that should you have not completed all the levels of certification with O’Brien/IAME then you may not qualify for a level II certification.

I’ve spent countless hours researching this and spoke to many people. When I speak to officers I ask the questions that matter for my business, (that is small local business). I can say with confidence that if you have similar certification to me then you should be ok. However, you will have to submit your certification to NSW Fair Trades to be assessed on a case by case basis. Why, because as an old school program they will want to compare specific units to match current certification. Experience and prior learning may also need to be considered.

As you can see with complex situations like this your AGA is of little use, it’s up to you.

14/06/2021

An interesting post on the AGA facebook page. The post reads and I quote.

“UPDATE TO FAQ’s – Amendments to the Motor Dealers and Repairers Regulation 2014***I have completed training with O’Brien Glass whilst working for them in the past, will it be accepted? ***NSW Department of Fair Trade have confirmed that the O’Brien’s Levels 1, 2, 3 and 4 Certified Auto Glazier Training program will NOT be accepted to meet the requirements for the tradesperson certificate in Auto Glass”.

This is conflicting with my inquiries. I’ve no doubt the AGA is offering the information they have been given. However, it’s my guess that Services NSW are unsure of their own policy.

The problem with the AGA making these statements public is they are not specific and may confuse. For example, “The AGA contacted NSW Department of Fair Trades”… Since these are both business entities this is not possible and nobody knows who spoke to who. It takes a human to make contact, so the question is, who contacted who, and who said what exactly?

I understand why the AGA, or (Hilary Bradbury, the AGA Secretary) is not publishing the name of the Fair Trades Officer. However, it should be made available for those who ask. This way we will be able to contact these people and prevent miss messages being broadcast.

In any event, when I contacted NSW Fair Trades I talked to the highest officer available, a team leader. I myself worked directly with him and his team. Like the AGA I will not broadcast this chaps name, however I do have confirmation in writing and am happy to discuss with those who wish to contact me.

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