Australia: Construction & Infrastructure - What's News - 31 July 2012

Last Updated: 4 August 2012
Most Read Contributor in Australia, September 2016

In the media

Building industry to face cost inquiry
The Council of Australian Governments will appoint a panel to review the industry, with wide terms of reference, including workplace relations. The timetable envisages the panel being appointed next month, with a secretariat of Commonwealth and state officials set up by September. A discussion paper would be released by the end of the year, and a final report delivered by July 31 next year (26 July 2012) More...

Market gridlock' in energy investment
Investment in new power stations has stalled amid continued uncertainty over Australia's energy policy and stricken black-coal generators are being squeezed out of the electricity market by falling demand, growing renewable energy and more gas use, new research suggests (23 July 2012) More...

Infrastructure Australia's Improving Major Infrastructure Procurement report
Infrastructure Australia's comprehensive report detailing a set of benchmarks to improve efficiency in the procurement of major infrastructure, identifies a series of best practice performance benchmarks and incentives that are aimed at promoting the adoption of best practice Australia-wide. The consistent application of best practice approaches to procurement, to reduce timeframes and costs and make bidding for contracts more attractive and more competitive (19 July 2012) More...

Adelaide Desalination Plant fatality: charges laid
SafeWork SA has laid charges under the Occupational Health, Safety and Welfare Act 1986 in relation to a fatality that occurred at the Adelaide Desalination Plant site in July 2010. On the advice of the Crown Solicitors Office, charges have now been laid against the alleged responsible entities, the company and the responsible officer (19 July 2012) More...

ABS: statistics show Australian new home building 'clearly in recession'
The latest Australian Bureau of Statistics (ABS) figures released show residential building activity contracted in the March 2012 quarter. The total value of residential building work done fell by 1.9 per cent in the March quarter with new dwellings down by 1.2 per cent and renovations down by a sizeable 5.5 per cent (19 July 2012) More...

F3 to M2 Motorway One Step Closer
The announcement of early stage negotiations between the NSW Government and Transurban, as part of an unsolicited proposal to fund the long-promised F3-M2 motorway connection, is promising news for motorists and taxpayers (19 July 2012) More...

Government decision on the Connors river dam
The Government will examine potential water availability from existing infrastructure such as the Fairbairn and Burdekin Dams, after receiving advise from the SunWater Board that it has decided not to proceed with the Connors River Dam and Pipelines (CRDP) project (27 July 2012) More...

Queensland Sunshine Coast University Hospital PPP
The LNP Government has announced Exemplar Health has won the right to design, build, finance and maintain the major new tertiary teaching Sunshine Coast University Hospital (SCUH), under a public-private partnership arrangement. The consortium will build then maintain the hospital for 25 years (18 July 2012) More...

Melbourne docks for urban renewal
Community infrastructure projects will proceed in Melbourne's Docklands following the city council's partnerships with other tiers of government and the private sector (18 July 2012) More...

Published – articles, papers, reports

Building Activity, Australia, March 2012
Author: Australian Bureau of Statistics
The seasonally adjusted estimate of the value of total building work done fell 2.8% to $18,693.8m, in the March quarter. The seasonally adjusted estimate of the value of new residential building work done fell 1.2% to $9,286.2m. Work done on new houses rose 0.2% to $6,140.1m, while new other residential building fell 3.9% to $3,146.1m (18 July 2012) More...

Efficiencies in Major Project Procurement: Benchmarks for Efficient Procurement of Major Infrastructure
Author: prepared for Infrastructure Australia by Everything Infrastructure: released July 2012
The report identifies a suite of best practice efficiency benchmarks and incentives to promote the adoption of best practice procurement Australia-wide. It sets benchmarks across the spectrum of contract delivery models, including Public Private Partnerships, Design and Construct, and Alliance processes

Volume 1, Efficiencies in Major Project Procurement: Benchmarks for Efficient Procurement of Major Infrastructure (June 2012) - outlines the approach and activities involved in the development of the benchmarks.
Volume 2, Efficiencies in Major Project Procurement: Consultation Outcomes Report (June 2012) - provides an overview and findings of the consultation process.

eSAFE Construction
Latest edition of eSAFE Construction - a bi-monthly enewsletter providing information to subscribers on activities in the building and construction sector. Posted: 24 July 2012 eSAFE Construction - July 2012 edition

Safework Australia: 23 July 2012
Model codes of practice, published on 23 July 2012 These are e approved codse of practice under section 274 of the Work Health and Safety Act (the WHS Act).
Model Code of Practice - Managing Electrical Risks in the Workplace
Model Code of Practice - Managing Risks of Hazardous Chemicals in the Workplace
Model Code of Practice - Demolition Work
Model Code of Practice - Safe Design of Structures
Model Code of Practice - First Aid in the Workplace
Model Code of Practice - Preventing Falls in Housing Construction
Model Code of Practice - Managing the Risks of Plant in the Workplace
Model Code of Practice - Construction Work

In practice and courts

Your guide to dispute resolution
The newly launched guide to dispute resolution contains information about how some ADR processes work and is designed to assist ordinary Australians to use ADR to resolve their disputes. A copy of the guide is available to download at (23 July 2012)

GBCA Green Star certifications and skills
From 1 September 2012 GBCA will be introducing a streamed approach to Green Star qualifications and education delivery. The current Green Star CPD program will be expanded to include a total of five qualifications. For more information on the new CPD structure , visit the Green Star Qualifications. (18 July 2012)

NSW: Reform of the Home Building Act
The NSW Government has released an Issues Paper on reform of the Home Building Act. This follows amendments to the Act late last year. The Issues Paper asks for comment on key issues, including the statutory warranty scheme, the dispute resolution mechanism and home warranty insurance. To read the Paper, click here. (17 July 2012)

QLD: Proposed changes to Queensland Development Code
Building Codes Queensland is seeking public comment on a proposal to amend the Queensland Development Code (QDC) to streamline the process for building over or near an infrastructure service. Submissions on the proposal close at 5pm on Tuesday, 21st August 2012. To find out more about the draft QDC, click here. (19 July 2012)


Endeavour Coal Pty Limited v Association of Professional Engineers, Scientists and Managers, Australia [2012] FCA 764
ADMINISTRATIVE LAW – reasons for decision – approach to reasons upon review – whether beneficial reading to be given in all cases – relevance of legal or judicial qualifications of decision-maker INDUSTRIAL LAW – enterprise agreements – bargaining orders – non-compliance with good faith bargaining requirements – majority support determination in place – whether bargaining representative required to bargain with a view to reaching agreement if possible – bargaining representatives required to engage in "give and take" – no misconstruction of s 228 INDUSTRIAL LAW – enterprise agreements – bargaining orders – power of Fair Work Australia to specify certain things in bargaining orders – whether power confined to ensuring compliance with good faith bargaining requirements – no power to require concessions or agreement on terms More...

Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816
COSTS - principles in Calderbank v Calderbank - informal offer from defendants before proceedings commenced - whether offer involved a genuine element of compromise - whether rejection of offer was unreasonable - whether the plaintiff's conduct of the proceedings warrants an indemnity order - HELD - rejection of offer by plaintiff was not unreasonable - although conduct of proceedings by plaintiff does not warrant indemnity costs orders, conduct does warrant order that plaintiff pay the defendants 85 percent of their solicitor/client costs of the proceedings More...

St Hilliers Construction Pty Ltd (In Administration) -v- Fitzpatrick Investments Pty Ltd [2012] NSWSC 804
BUILDING AND CONSTRUCTION - where design and construct building contract requires provision by the contractor of bank guarantees as security for performance - where, upon satisfaction of certain conditions, the contractor is entitled to a reduction of the security - whether such conditions satisfied - whether, by taking possession of the works, the principal has exercised an election amounting to a waiver of its right to continue to keep the security More...

Ardnas (No 1) Pty Ltd -v- J Group (Aust) Pty Ltd [2012] NSWSC 805
BUILDING AND CONSTRUCTION - Application to set aside adjudication determination on the basis of no jurisdiction on the grounds that the defendant impermissibly made, and the determination dealt with, more than one payment claim in relation to the same reference date in conflict with ss 13(1), 13(5) and 17(1) Building and Construction Industry Security of Payment Act 1999 (NSW) - HELD - Whether more than one payment claim was made to be viewed as a matter of substance not form - multiple invoices capable of being one payment claim for the purposes of the Act More...



[Draft] National Licensing for Electrical Occupations

The COAG Consultation Regulation Impact Statement (RIS) examines the impact of replacing the current diverse state and territory licensing of the electrical occupational area with a proposed national licensing approach. It also examines an automatic mutual recognition option.
The Consultation RIS seeks feedback on the scope and scale of the proposed changes, examples of the impact on licensees and businesses, on the durability of reform, and on the merits of reform under the different options for promoting a seamless national approach to licensing of electrical occupations. NOTE: 26/08/2012 Submissions close; 17/07/2012 Open for consultation and comments More...

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.