Australia: Construction & Infrastructure News – 12 September 2017

Last Updated: 15 September 2017
Article by Troy Lewis, Stephen Burton, Suzy Cairney, Stephen Natoli, Kyle Siebel, Scott Alden, Christine Jones and Helena Golovanoff

Most Read Contributor in Australia, August 2018

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.

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

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

Authors
Suzy Cairney
Kyle Siebel
Scott Alden
Christine Jones
Similar Articles
Relevancy Powered by MondaqAI
 
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”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions