In the media
Government's new front in
battle with unions
The government will open a new front in its campaign to
challenge unions and slash costs across the construction industry,
as it examines ways to accelerate major projects, including city
motorways with new legislation (13 November 2013). More...
Cost burden on business leads
to suspension of new building safety codes
Three health-and-safety codes of practice are being
suspended in South Australia because of the cost burden on
business. The codes are part of controversial work safety
legislation (14 November 2013). More...
HIA: ABCC Must Be
Restored
The Housing Industry Association has welcomed the
introduction into Parliament of the Building and Construction
Industry (Improving Productivity) Bill 2013, stating the
re-emergence of pattern bargaining, the black-banning of
certain suppliers and manufacturers and the use of standover
tactics against independent contractors and other non- EBA
businesses are unacceptable (14 November 2013). More...
HIA: Residential Construction
Market Strong
The spring edition of its National Outlook report, the
Housing Industry Association (HIA) indicates activity in new
residential construction throughout Australia is set to remain
strong in coming years as the number of housing starts returns to
its post-GFC stimulus peak by 2016/17 (14 November
2013). More...
ALGA: Local roads and bridges
facing ruin hits $11.6bn
At least $11.6 billion in roads and bridge infrastructure
maintained by cash-strapped councils across Australia are now in a
poor to very poor condition according to the latest stocktake of
public works assets from the Australian Local Government
Association (ALGA) (14 November 2013). More...
Infrastructure probe to aid
development
The government has announced a Productivity Commission
inquiry into infrastructure costs and financing with the hope of
attracting private investment. Government and privately-funded
initiatives - such as motorways - will be analysed for cost and
financing with a draft report expected in six months (14 November
2013). More...
Axing carbon tax costs budget
$7.4bn
The Government has revealed a $7.37bn hit to the budget
over the forward estimates from its repeal of the carbon tax. The
financial impact was revealed in a table reprinted below from theexplanatory memorandum the Government
introduced to the Parliament today (13 November 2013). More...
Residential leads
construction sector comeback
The construction sector has experienced growth for the
first time in over three years, according to the latest Australian
Performance of Construction Index. The index jumped 6.8 points to
54.4 in October, passing the 50 mark that indicates expansion (07
November 2013). More...
NSW
Urban Taskforce: Strata Act
changes will support growth in apartments
The proposed changes to the NSW Strata Act will give
greater confidence to the development industry and to owners
corporations that apartment buildings will be well designed and
managed. The proposal to require an independent expert assessment
of the condition of a building a year after completion will give
all parties an impartial umpire who will assess defects and monitor
rectification (14 November 2013). More...
NSW Government imposes hold on CSG activities to protect
Sydney Water Catchment
The NSW Government has implemented a hold on exploration
and extraction of natural gas from coal seams in the 'Special
Areas' zone within Sydney's drinking water catchment
effective immediately, until there is greater understanding
of potential impacts of exploration and extraction of natural gas
from coal seams (12 November 2013). More...
Proposed changes to NSW
Security of Payment legislation
The Building and Construction Industry Security of Payment
Amendment Bill 2013 (the Bill) has been introduced to the NSW
parliament, aiming to stem the tide of insolvencies in the NSW
construction industry (12 November 2013). More...
Update on the State's
infrastructure investment
An update report on the
progress of infrastructure projects being delivered across the
State has been released today. The State Infrastructure Plan Update
covers projects in transport, roads, energy, water, health,
education, justice, housing, tourism and the arts (13 November
2013). More...
Court ruling allows commercial
property owner negligence claims against builders
The NSW Court of Appeal has opened the door for owners
corporations for commercial buildings to bring claims of negligence
for pure economic loss against builders - an action previously
thought to be limited to subsequent purchasers of residential
buildings (06 November 2013). More...
Western Sydney Parklands to be
home to construction jobs
Western Sydney Parklands is on track to create 8,800 jobs
for the people of Western Sydney. The draft plan proposes three
business hubs to be located within each of the three Local
Government Areas of Blacktown, Fairfield and Liverpool (05 November
2013). More...
Queensland
Dam operator fined over death
of child at Blackwater weir
Dam operator SunWater has been fined $80,000 over the
death of a child when a dam wall collapsed in central Queensland in
2008 (11 October 2013). More...
Qld to offer coal
incentives
The Newman government will today announce incentives for
coal mines in the remote Galilee Basin using a ramp-up royalty
period for miners. As a raft of changes including a faster
planning and land acquisition process as well as the discounted
royalties will be offered to aid development of the basin, 500km
from the Queensland coast (07 November 2013). More...
Victoria
Worksafe inspectors to focus on
border construction safety
A project to raise the awareness with local construction
businesses of the similarities and ease of working on either side
of the border will begin in Echuca and Moama this week (11 November
2013). More...
$400m in water contracts for
southeast Melbourne
Water and sewerage retailer South East Water has announced
the appointment of two design and construction alliances to
undertake approximately $400 million of water and sewerage
works.
Two joint ventures were awarded contracts: Fulton Hogan, Delplant and Beca; and Comdain Infrastructure, Downer EDI and MWH (14 November 2013). More...
Published – articles, papers, reports
Housing Finance, Australia,
September 2013
Australian Bureau of Statistics
The trend estimate for the total value of dwelling finance
commitments excluding alterations and additions rose 0.8%.
Investment housing commitments rose 1.5% and owner occupied housing
commitments rose 0.4%. In original terms, the number of first home
buyer commitments as a percentage of total owner occupied housing
finance commitments fell to 12.5% in September 2013 from 13.7% in
August 2013 (11 November 2013). More...
In practice and courts
Buildings Plan for a Zero
Carbon Australia
Beyond Zero Emissions has published a free Buildings Plan
for a Zero Carbon Australia. It shows how we can reach zero carbon
building emissions within 10 years with available technology
(08 November 2013). More...
National Asbestos Forum
2013
To be held on Monday 25 November 2013 at the Hilton Hotel
Sydney Registration is now open. More...
Energy Efficiency Council
National Conference 2013
To be held at the Rydges Melbourne Hotel on 3-4 December
2013m the Energy Efficiency Council's National Conference is a
unique event that brings together leading energy users, energy
efficiency experts and government to network, gain critical
insights and set the agenda on energy efficiency. More...
National Consultations
open
Hosted by Infrastructure Australia, submissions close 28
November 2013. More...
NSW: Building Practitioners
Board Bulletin, 08 November 2013
Covers indemnity insurance, BASIX, new legislation for the
building industry. More...
QLD: New Building standards in
force
From 1 November 2013: under the Building and Other
Legislation Amendment Act 2013 and the new Queensland
Development Code Mandatory Part 1.4 (MP 1.4) all installations
of roof-mounted solar photovoltaic panels and solar hot water
systems (solar collectors) are self-assessable building work
(November 2013). More...
Inspectors to focus on border
construction safety – WorkCover Authority of NSW
Inspectors from WorkSafe Victoria and WorkCover NSW will
visit construction sites from November 11-15 to help businesses
understand their work health and safety obligations when operating
in a border town (November 2013). More...
Cases
Draybi One Pty Ltd v Norms
Carpentry & Joinery Pty Ltd [2013] NSWSC 1676
PRACTICE AND PROCEDURE - civil - interlocutory issues -
determination of separate questions BUILDING AND CONSTRUCTION
-Building and Construction Industry Security of Payment Act 1999 --
determination of reference date - whether two identical payment
claims were in respect of the same reference date - whether the Act
precludes service of second payment claim. More...
Request By Unions NSW and
Newcastle Trades Hall Council for assistance of the Industrial
Relations Commission of New South Wales re Newcastle Coal
Infrastructure Group 2AA and 2F Construction Project Joined With
NCIG Coal Loader Construction Project Stage 2 - Hatch &
Associates Pty Ltd and Unions NSW and affiliates [2013] NSWIRComm
94
Decision: Project completed. Major coal infrastructure
project. $2.5 billion Project completed six months ahead of
schedule. $200 million under budget. No lost time due to industrial
dispute. Exemplary safety record. Co-operative and active
implementation of industrial agreement with assistance of the
Commission. Positive engagement by Unions, employees and management
in safety and productivity issues - Industrial Relation Act
1996. More...
Chan v Wood and Kai Design
& Construction Pty Ltd [2013] ACTSC 228
BUILDING AND CONSTRUCTION – declaration sought that
adjudicator fell into jurisdictional error – whether
plaintiff's intention at time of entering into contract was to
reside in property – consideration of plaintiff's
intention – Building and Construction Industry (Security of
Payment) Act 2009 s 9(2)(b)
ESTOPPEL – estoppels in pais – whether reliance on representation – absence of reliance – reliance not reasonable in any case - Building and Construction Industry (Security of Payment) Act 2009 (ACT) s 9(2)(b). More...
Legislation
Commonwealth
Building and Construction
Industry (Improving Productivity) Bill 2013
The Bill re-establishes the ABCC by replacing the Office
of the Fair Work Building Industry Inspectorate and putting in
place a regulator with powers that proved strong and effective
under the BCII Act. Like the BCII Act, Chapters 5 and 6 of the Bill
include building industry specific provisions relating to unlawful
action and coercion and restores the higher penalties for
contraventions of those provisions - Intro Reps and Second Reading
Speech – 14 November 2013. More...
Building and Construction
Industry (Consequential and Transitional Provisions) Bill
2013
Amends: Jurisdiction of Courts (Cross - Vesting) Act 1987;
Administrative Decisions (Judicial Review) Act 1977 and Fair Work
(Building Industry) Act 2012. The Bill will ensure a smooth
transition from the institutions, functions and powers created by
the Fair Work (Building Industry) Act 2012 (the FWBI Act) to the
new regime established by the BCI (IP) Bill. The Bill also deals
with residual operation of the Building and Construction Industry
Improvement Act 2005 where necessary - Intro Reps and Second
Reading Speech – 14 November 2013. More...
Fair Work (Registered
Organisations) Amendment Bill 2013
Amends : Fair Work (Registered Organisations) Act 2009;
Fair Work Act 2009.
The amendments that provide for the disclosure of material personal
interests, increased accounting and disclosure obligations,
criminal offences for serious breaches of officers' duties and
increased civil penalties broadly mirror those that apply to
companies and their directors under the Corporations Act 2001 and
have been adapted to align with the RO Act framework - Intro Reps
and Second Reading Speech – 14 November 2013. More...
NSW
Bills passed by both Houses of Parliament
Building and Construction Industry Security of
Payment Amendment Bill 2013 - 12-11-2013.
An Act to amend the Building and Construction Industry Security of
Payment Act 1999 with respect to the timing of, and other
requirements for, payments under construction contracts; and for
other purposes.
Civil and Administrative Legislation (Repeal and Amendment) Bill 2013
Civil and Administrative Tribunal Amendment Bill 2013
Mining Amendment (Development Consent) Bill
2013 – 12-11-2013
The object of this Bill to amend the Mining Act 1992 to clarify the
requirement for appropriate development consents for activities
carried out under mining leases.
Regional Relocation (Home Buyers Grant) Amendment
Bill 2013 – 12-11-2013
Amends Regional Relocation (Home Buyers Grant) Act 2011.
An Act to amend the Regional Relocation (Home Buyers Grant) Act
2011 to permit grants to be made available under that Act to
persons who relocate from metropolitan areas to regional areas for
the purposes of employment, self employment or purchasing a home;
and for other purposes.
Queensland
Regulations
No 224: Queensland Building Services Authority and Other
Legislation Amendment Regulation (No. 1) 2013.
Amends licence requirements for repairs, including certification
under the legislation listed here Building Act 1975; Domestic
Building Contracts Act 2000; Plumbing and Drainage Act 2002; Public
Service Act 2008; Queensland Building Services Authority Act
1991.
No 225: Professional Standards (Professional Surveyors
Occupational Association Scheme) Notice 2013
Amends the Professional Standards Act 2004 and
Notification13/11/2013 Commencement 13/11/2013.
The primary objective of this subordinate legislation is to give
notice of the approval by the Professional Standards Council of New
South Wales of the Professional Surveyors Occupational Association
Scheme (the scheme), designed to limit the occupational liability
of members of the Professional Surveyors Occupational Association
(PSOA).
Queensland legislation can be accessed at www.legislation.qld.gov.au.
Victoria
Electricity Safety Amendment
(Bushfire Mitigation) Bill – 12-11-2013
Legislative Assembly 12/11/2013 Introduced and read a
first time.
This Bill is for an Act to amend the Electricity Safety Act 1998 in
relation to the mitigation of bushfire risks arising from electric
lines and electricity networks and for other purposes. More...
Owners Corporations Amendment
Bill 2013 – 12-11-2013
A Bill for an Act to amend the Owners Corporations Act
2006 in relation to the levying of fees, and the recovery of costs,
for repairs, maintenance or other works and for other purposes.
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