In the media – National
Industry and government working together on fire
safety
Victoria, New South Wales, South Australia and Western Australia
are undertaking reviews of large buildings. The Queensland
Government has passed legislation addressing non-conforming
building products last month and the New South Wales Government has
established an inter-agency Fire Safety and External Wall Cladding
Taskforce (04 September 2017).
More...
Brisbane firm penalised after terminating contract to
avoid trouble with CFMEU
A Brisbane landscaping firm has been penalised more than $40,000
after it terminated the contract of another company which did not
have a CFMEU EBA because it did not want "trouble" with
the union (05 September 2017).
More...
Construction jumps but units drag on building
approvals
A big one-off item appears to have put a rocket under construction
work completed in the June quarter, while the apartment sector
looks to be running out of puff (30 August 2017).
More...
Experts appointed to review Australia's building and
construction safety issues
In a move to bolster safety standards in the construction industry,
the Building Ministers' Forum (BMF) has
announced that that Professor Peter Shergold AC and Bronwyn Weir
have been commissioned to assess compliance and enforcement
problems within the building and construction systems across the
country that are affecting the implementation of the National
Construction Code (NCC) (29 August 2017).
More...
New South Wales
Resources Regulator issues prohibition notice again
Mandalong
The Resources Regulator has issued a notice to Mandalong Coal Mine
prohibiting all workers from entering the site's underground
workings - with the exception of those undertaking safety-related
activities (08 September 2017).
More...
Audit of New South Wales mine dams finds strong
compliance but room to improve
The New South Wales Environment Protection Authority
(EPA), Department of Planning and Environment
(DPE) and the Resources Regulator have identified
areas for industry improvement (08 September 2017). More...
New South Wales Government announces social impact
assessment guideline for resource projects
Mining companies will have to engage with local residents and
communities about the impacts resources projects will have on their
lives under a new assessment guideline, the New South Wales
Government announced today (07 September 2017).
More...
Queensland
New Ombudsman will resolve land access
disputes
A Queensland Land Access Ombudsman will be up and running by next
year, after legislation was passed in State Parliament today (07
September 2017).
More...
Palaszczuk Government motors ahead with Smithfield
Bypass
The long awaited Smithfield Bypass is a step closer after
contractors had their first briefing about the $152 million project
this week. "Industry stakeholders have been briefed on the
scope of the project and provided with indicative dates for release
of various construction and engineering consultant contracts (05
September 2017).
More...
Community consultation starts on $150m Walkerston
Bypass
The Walkerston Bypass project is moving into gear with community
consultations underway to gain feedback from local road users and
affected landowners on the proposed route. The Walkerston Bypass is
a jointly funded project with the Australian Government
contributing $120 million and the Queensland Government $30
million.
More...
Queen's Wharf Project updated
This month, the demolition and enabling works contractor Probuild
continues with services relocation and demolition work across the
Queen's Wharf Brisbane precinct. In the background to this
work, Destination Brisbane Consortium is working through the Plan
of Development assessment process with Economic Development
Queensland (EDQ) (31 August 2017).
Cbus Property has appointed national Tier-1 contractor Probuild
to carry out the design and construct contract at 443 Queen Street
in
Brisbane.
More...
MBA: Building fairness bill tabled
The government has introduced a broad ranging Bill with the primary
intent of improving security of payment for subcontractors. Master
Builders does not believe that this will happen. The Bill requires
the subcontractor or someone else first proving that an offence has
been committed and then alerting the QBCC to the alleged offence
before punishment can be imposed (30 August 2017).
More...
MBA: New legislation for non-conforming
products
The legislation provides a definition for a 'non-conforming
product' that links it to its intended use, closing a loop-hole
that has allowed products that are not fit for purpose to be sold
and installed. The definition also includes the very broad and
ill-defined term "is not, or will not be, safe". Master
Builders will be seeking greater clarity from the government about
what this will mean in practice (30 August 2017).
More...
Victoria
Infrastructure boom keeps the steel industry
strong
The Andrews Labor Government's multibillion dollar pipeline of
infrastructure projects is driving a new era for local steel
production in Victoria and creating new manufacturing jobs (04
September 2017).
More...
Practice and courts
ABCC alert: Unregistered and Informal
Agreements
The ABCC has become aware that some contractors may be considering
pay rises outside the scope of their enterprise agreements. The
Building Code 2016 (the Code) places
strict requirements on contractors in relation to entering into
unregistered and informal agreements. Contractors are reminded they
must not bargain in a way that breaches the Code (06 September
2017).
More...
ABCC Code for the Tendering and Performance of
Building Work 2016
The Code for
the Tendering and Performance of Building Work 2016
applies to companies who wish to undertake Commonwealth-funded
building work. Building industry participants covered by agreements
made prior to 2 December 2016 have until 29 November 2018 to ensure
their agreements are Code compliant.
New South Wales
Have your say on the new WestConnex M4 M5
Link
Environmental Impact Statement (EIS) for the
WestConnex M4-M5 Link is now on exhibition, and the NSW Department
of Planning and Environment welcomes community feedback. The EIS
will be available to view from Friday 18 August and submissions are
open until 16 October 2017. To make a submission and view the EIS
visit the
WestConnex M4 M5 Major Projects page or go to the
major projects website.
More...
New South Wales Infrastructure Grants for community
projects
Local communities can apply for a share of $12.5 million in funding
for projects across arts and culture, emergency preparedness and
sport and recreation. Applicants have four opportunities to apply
for grants throughout the year: August and November 2017, February
and May 2018. The new funding guidelines will mean the government
can fund a wider range of projects.
More...
Queensland
Building Industry Fairness (Security of Payment)
Bill 2017
The
Building Industry Fairness (Security of Payment) Bill
2017 was introduced to Parliament on Tuesday 22 August,
with legislative changes aimed at clamping down on shadow directors
and phoenixing activities, and introduces Project Bank Accounts to
try and address the issue of security of payment for
subcontractors. These matters where identified in the Queensland
Building Plan discussion paper that was released for
consultation earlier this year. The Bill has been referred to the
Public Works and Utilities Committee for review. The Property
Council will examine the detail of the Bill to identify the
potential impacts of Project Bank Accounts on the property
industry, and will lodge a submission by the due date of 7
September. To access a copy of the Bill and Explanatory notes,
click here (29
August 2017).
Certification of adjudication applications
open
The Certificate in Adjudication course for those QLS members who
wish to become adjudicators under the Building and Construction
Industry Payments Act 2004 (Qld) will be held on 12, 13 and 14
February 2018. Application forms may be downloaded
here or on the
QBCC website.
Cases
Construction, Forestry,
Mining and Energy Union v De Martin & Gasparini Pty Limited (No
2) [2017] FCA
1046
INDUSTRIAL LAW – Code for the Tendering and Performance
of Building Work 2016 (Cth) – building industry
participants required to be compliant with Code – Code
prohibits certain types of clauses in enterprise agreements –
non-compliant building industry participants and their related
entities unable to tender for or be awarded Commonwealth funded
building work after 1 September 2017 – where Respondent had a
non-compliant enterprise agreement – where Respondent sought
its employees' approval to vary non-compliant agreement –
where employees voted down the variations.
INDUSTRIAL LAW – civil penalty proceedings – adverse
action – s 340 Fair Work Act 2009 (Cth) –
adverse action by employer against employees – whether
employer took adverse action against employees – threat to
dismiss employees – injuring employees in their employment
– altering the position of the employees to their prejudice
–whether action authorised by or under Fair Work Act –
reason for taking action – whether action taken because
employees had or had exercised a workplace right – reason for
action presumed by s 361 Fair Work Act 2009 (Cth) –
accessorial liability of officers of employer for adverse action
– where employer through officers informed employees it was
considering 'major workplace change' in the form of
redundancies.
INDUSTRIAL LAW – civil penalty proceedings – coercion
– s 54 Building and Construction Industry (Improving
Productivity) Act 2016 (Cth) – where s 343 Fair Work
Act 2009 (Cth) does not apply – threat to take action
– intent to coerce – whether employer threatened to
make employees redundant with intent to coerce employees to vary
building enterprise agreement – accessorial liability of
officers of employer for coercion – whether officers
themselves threatened to take action with intent to coerce
employees to vary building enterprise agreement.
Building and Construction Industry (Improving Productivity)
Act 2016 (Cth), ss 5, 6, 34, 54, 56, 57, 81, 92, 94, 97.
Building and Construction Industry (Improving Productivity)
Amendment Act 2017 (Cth). Code for the Tendering and
Performance of Building Work 2016 (Cth), ss 3, 6, 11, 11A, 15,
23, 24, Schedule 5.
Ku-ring-gai Council v Chan
[2017] NSWCA 226
Appeal allowed. TORTS – negligence – duty of care
– pure economic loss – reliance – vulnerability
–where council as principal certifying authority retained by
owner-builder issued occupation certificate under Environmental
Planning and Assessment Act 1979 (NSW), s 109D(1)(c) in
relation to structurally and non-structurally defective building
works on residential property – where subsequent purchaser of
property enjoyed benefit of statutory warranties against
owner-builder under Home Building Act 1989 (NSW), s 18B
– whether council owed subsequent purchaser duty to take
reasonable care in issuing occupation certificate – where
owner-builder agreed with council that he was responsible for
compliance with laws and approvals – whether council liable
to indemnify owner-builder due to careless issue of occupation
certificate. Building Professionals Act 2005 (NSW) ss 63, 65;
Building Professionals Regulation 2007 (NSW), Pt 4, divs
2, 3.
Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd
[2017] NSWSC 1140
Building and Construction – construction contracts –
issuance of invoices for construction works – Building
and Construction Industry Security of Payment Act 1999 (NSW),
ss 8, 13 – construction – statutory right to progress
payments – assignment of right to payment –
availability of statutory procedure to seek adjudication
determinations Building and Construction – construction
contracts – issuance of invoices for construction works
– dispute concerning progress payments – adjudication
determination – natural justice – identification of
relevant reference date - Building and Construction Industry
Security of Payment Act 1999 (NSW), ss 3, 4, 8, 11, 13, 14,
15, 16, 17, 24, 25, 32.
Contract Control Services v DET [2017]
VSC 507
CONTRACTS – Building Contract – Whether incorrect
exclusion of non-claimable second class variations – Whether
the Construction Contract contained a method for resolving disputes
within the meaning of s 10A(3)(d)(ii) of the Building and
Construction Industry Security of Payment Act 2002 (Vic)
– SSC Plenty Road v Construction Engineering [2016]
VSCA 119 – SSC Plenty Road v Construction
Engineering [2015] VSC 631 – Branlin Pty Ltd v
Totaro [2014] VSC 492.
ADMINISTRATIVE LAW – Judicial review – Decision of
adjudicator appointed under the Building and Construction
Industry Security of Payment Act 2002 (Vic) – Whether
certiorari should be granted to quash the decision.
Legislation
Commonwealth
High
Speed Rail Planning Authority Bill 2017
Introduced Senate: 04/09/2017 - The Bill establishes an Authority
to advise on, plan and develop high speed rail on the east coast of
Australia. The Authority will ensure that the high speed rail
(HSR) corridor is preserved so that provision can
be made for regular, efficient and cost effective rail transport on
the east coast of Australia.
Commission
of Inquiry (Coal Seam Gas) Bill 2017
Introduced HR: 04/09/2017 - The Commission of Inquiry (Coal
Seam Gas) Bill 2017 (the Bill) provides for
the establishment of a Commission of Inquiry. The Commission of
Inquiry will inquire into the Coal Seam Gas industry including the
negotiating powers of parties involved; impacts on land, water and
communities; agreement making and payment for damages and
compliance.
Queensland
Bills assented
Building
and Construction Legislation (Non-conforming Building Products -
Chain of Responsibility and Other Matters) Amendment Bill
2017
Assent Date: 31/08/2017 Act No: Act No. 29 of 2017 Commences: by
Proclamation.
The objective of the Act, assented to on 31 August 2017, is to
promote the safety of Queensland's buildings by introducing
duties on supply chain participants for building products to ensure
building products are safe and enabling the Government, through the
administering Minister and Queensland's building regulator, the
Queensland Building and Construction Commission, to investigate and
effectively respond to incidents of non conforming building
products.
Workers'
Compensation and Rehabilitation (Coal Workers' Pneumoconiosis)
and Other Legislation Amendment Bill 2017
Assent Date: 31/08/2017 Act No: Act No. 27 of 2017 Commences: Date
of Assent.
This Act, assented to and operational from 31 August 2017,
introduces significant changes to improve the workers compensation
scheme for workers who have been diagnosed or suspect they may have
contracted coal workers' pneumoconiosis, also known as CWP, or
black lung, or other types of coalminers' lung dust diseases
such as silicosis, asbestosis or other pneumoconiosis.
Strong and Sustainable Resource Communities Bill
2016
Assent Date: 31/08/2017 Act No: Act No. 28 of 2017 Commences: see
Act for details. The objective of the Act, assented to on 31 August
2017, is to ensure that regional communities in Queensland, which
are in the vicinity of large resource projects, benefit from the
operation of those projects. The Act will limit the use of fly-in,
fly-out (FIFO) workforces and ensure that local
workers from nearby regional communities are employed in the
operation of large resource projects.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
