Australia: Construction & Infrastructure - What's News - 3 February 2015

Last Updated: 5 February 2015
Article by Stephen Natoli, Tony Britt and Troy Lewis

Most Read Contributor in Australia, August 2019

In the media

National

Australian Government delivers first stage of $1 billion Mr Fluffy loan
The first installment of the Australian Government's $1 billion concessional loan to help remediate ACT homes affected by "Mr Fluffy" loose-fill asbestos will be paid following the signing of the loan agreement between the Australian and ACT governments (28 January 2015). More...

Foreign workers dismissed from Narrabri construction project
The Construction, Forestry, Mining and Energy Union says at least eight 457 visa holders working on a construction project for the Chia Tung Development Corporation in Narrabri have been dismissed (28 January 2015). More...

Union Thuggery Must Be Stopped: Construction Groups
Building industry lobby groups have stepped up their attack on what they say is an increasing level of unlawful activity by union officials on construction sites, and have renewed calls for the reinstatement of the Australian Building and Construction Commission (ABCC) (27 January 2015). More...

Growing stronger regions across the nation
Deputy Prime Minister and Minister for Infrastructure and Regional Development said the three-year appointments will provide leadership to RDA committees to drive economic growth and make the most of the potential capability of their region (27 January 2015). More...

CFMEU official allegedly directed work to stop on $163m Barangaroo site
CFMEU official Luke Collier is facing court after he allegedly directed work to stop at a $163 million Barangaroo project. FWBC also claims Mr Collier refused to obey occupational health and safety laws on site while conducting a right of entry visit (21 January 2015). More...

Master Builders' insurer ordered to pay for house problems in tribunal ruling
The insurer run by the Masters Builders Association has been ordered to fix a number of problems in a newly built Canberra home, after a long running legal dispute (21 January 2015). More...

Victoria

Abolition of Vic Construction Code Creates Urgency for IR Reform
The recent announcement by the Victorian Government, to abolish the Victorian Building Code has prompted the Australian Constructors Association (ACA) to again call on the Australian Senate to pass the Federal Industrial relations legislation currently before it (24 January 2015). More...

Spike in dodgy tradesmen targeting elderly, disabled, Victorian Government warns
Victorians are being urged to report unsolicited approaches from trade workers, after a spike in the number of con artists operating across the state (14 January 2015). More...

New South Wales

Foreign Workers Paid $4 per Hour: Construction Union
Foreign workers on a building site in regional New South Wales are being exploited and paid as little as four dollars per hour, the nation's leading construction union says (29 January 2015). More...

NSW govt probes AGL fracking site
The state government has ordered an internal investigation into a NSW mid north coast gas project after the detection of dangerous chemicals in a water storage tank. AGL Energy has suspended operations at the Waukivory pilot project near Gloucester until a full review of the sample results have been completed (28 January 2015). More...

Western Sydney Airport geotechnical analysis commences
Geotechnical analysis is currently underway at Badgerys Creek. This analysis forms part of the crucial planning work to develop the detailed construction plans and costings for the first stage of the Western Sydney airport (20 January 2015). More...

Queensland

Privatisation of electricity networks makes sense
The Property Council has released a report that reinforces our long standing position that Government should not hold assets that result in a misdirection of public funds into businesses that would operate more efficiently in private ownership (22 January 2015). More...

Published – articles, papers, reports

A plunging oil price: implications and expectations
Research Paper EB 01/2015; NSW Parliamentary Research Service: 28 January 2015 Not everyone is going to be better off at the back end of the current oil price cycle. More...

The dash from gas: could demand in New South Wales fall to half?
Tim Forcey, Mike Sandiford, Melbourne Energy Institute; 28 January 2015
This paper argues that gas demand in New South Wales could fall to as much as half within ten years, meaning that gas investments being made now might never pay off. This report was commissioned by The Australia Institute. More...

Are there 27,000 jobs in the Galilee Basin?
Rod Campbell, The Australia Institute: 27 January 2015
This paper disputes claims that the development of coal mines in Queensland's Galilee Basin will create 27,000 jobs. More...

Practice and courts

Productivity Commission Release: Issues Papers On Workplace Relations
The issues papers are intended to canvas all the big questions about Australia's workplace system from employees, employers, unions, people not in work and others, to give their views about the best system. The issues paper covers a range of issues on which the Commission seeks information and feedback. Initial submissions are due 13 March 2015 (23 January 2015). More...

Government Asset Recycling Conference, 10 February 2015
Infrastructure Australia has estimated that at least $100 billion in commercial infrastructure assets are currently tied up on government balance sheets and could be sold. In the 2014-15 Federal Government budget, the Government committed $5.0 billion for the Asset Recycling Initiative. With this in mind, Akolade is bringing you the Government Asset Recycling Conference! More...

QLD: Explosives Security Alert 17 - Poor explosives stock control (unaccounted for explosives)
During a monthly stock take at an explosives magazine, it was identified that a quantity of explosives was unaccounted for. Initial investigations indicated the explosives may have been incorrectly loaded with a quantity of explosives to be transported offsite for destruction (27 January 2015). More...

NSW ICAC: Public inquiry into allegations concerning former Ausgrid engineer starts Monday
The ICAC's public inquiry being held as part of its Operation Jarah investigation into allegations concerning former Ausgrid engineer Phillip Cresnar will commence next Monday, 19 January 2015. More...

QBCC: Licensee disciplinary action report
This report presents a summary of the disciplinary action taken against licensees in the previous week. More... More...

Cases

ERO Georgetown Gold Operations Pty Ltd v Cripps, Minister for Natural Resources & Mines & Anor [2015] QSC 001
JUDICIAL REVIEW – GROUNDS OF REVIEW –GENERALLY – where the Minister renewed the applicant's mining lease with conditions relating to public use of a track traversing the mining lease – where the second respondent is the lessee of an adjoining parcel of land – where the track is the most practical way to access that property – where the applicant seeks to review the Minister's decision to renew with particular reference to the conditions imposed on the renewal – where the Minister determined that the imposition of conditions on the mining lease was in the public interest – whether the Minister's decision accorded with the requirements of procedural fairness, particularly in relation to the briefing note the Minister relied upon – whether the Minister took into account irrelevant considerations or failed to take into account relevant considerations – whether the Minister's decision was manifestly unreasonable – whether the Minister's decision goes against the weight of the evidence. More...

Murphy v Bangit Building & Maintenance Pty Ltd [2014] QCAT 673
Building dispute – defective work –whether practical completion reached – wrongful repudiation – termination – damages. Bellgrove v Eldridge (1954) 90 CLR 613 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Robinson v Harman (1848) 1 Ex 850 Shevill v Builders Licensing Board (1982) 149 CLR 620. More...

Durham v Adjudicator Registrar [2014] QCAT 666
Production of documents – relevance – waiver of privilege. Balnaves v Smith & Anor [2008] QSC 215, cited Osland v Secretary to the Department of Justice [2008] HCA 37, cited. Building and Construction Industry Payments Act 2004 (Qld) s 65, s 97. Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 3, s 20, s 21, s 24, s 62. More...

Hamersley HMS Pty Ltd v Davis [2015] WASC 14
Administrative law - Prerogative writs - Whether determination by an adjudicator under the Construction Contract Act 2004 (WA) should be set aside on grounds of jurisdictional error - Turns on own facts. Bankruptcy and insolvency - Company in liquidation - Whether company in liquidation should be given leave to enforce adjudication determination under Construction Contract Act 2004 (WA) - Respondent asserting counterclaim - Relevance and operation of Corporations Act 2001 (Cth), s 553C. Building and construction - Security of payment legislation - Whether adjudication determination should be set aside for jurisdictional error - Whether leave to enforce as a judgment should be given Construction Contracts Act 2004 (WA), s 31, s 43. More...

Hamersley Iron Pty Ltd v James [2015] WASC 10
Administrative law - Prerogative writs - Whether determination by an adjudicator under the Construction Contracts Act 2004 (WA) should be set aside on grounds of jurisdictional error - Turns on own facts. Bankruptcy and insolvency - Company in liquidation - Whether company in liquidation should be given leave to enforce adjudication determination under Construction Contracts Act 2004 (WA) - Respondent asserting counterclaim - Relevance and operation of Corporations Act 2001 (Cth), s 553C. Building and construction - Security of payment legislation - Whether adjudication determination should be set aside for jurisdictional error - Whether leave to enforce as a judgment should be give Construction Contracts Act 2004 (WA), s 31, s 43. More...

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.

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