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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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
http://www.infrastructureaustralia.gov.au/reform_investment/
See:
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 www.nadrac.gov.au (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)
Cases
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...
Legislation
Commonwealth
[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
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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.
Specific Questions relating to this article should be addressed directly to the author.
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