In the media
MBA: Workers deserve to know how their money is
used
The Government's reintroduction of laws to ensure that
worker entitlement funds have much needed safeguards is a welcome
move for the building and construction industry. The Fair Work Laws
Amendment (Proper Use Of Worker Benefits) Bill 2019 is essential to
address the concerning lack of proper rules and safeguards found in
previous inquiries about how redundancy and leave funds operate (04
July 2019).
More...
CFMMEU and Luke Collier penalised $13,500 for safety
breach on Barangaroo site
The Federal Circuit Court in Sydney has imposed penalties
totaling $13,500 against the CFMMEU and its then organiser Luke
Collier after he refused to follow OHS procedures while on the $163
million Barangaroo Headland Park site on 5 March 2014 (04 July
2019).
More...
Queensland contractor to pay $200,000 after
discriminating against subbie following CFMMEU threat
The Federal Circuit Court in Brisbane has found Forest
Meiers Construction liable to pay $200,000 in compensation for
taking adverse action and discriminating against a tiling
subcontractor because they did not have an enterprise agreement
with the CFMMEU (02 July 2019).
More...
A new roadmap sets a course for sustainable homes
A new roadmap for sustainable homes presents a win for
builders, consumers, the economy and the environment. The report
reveals that two thirds of Australian home buyers prefer energy
efficient homes when given a choice but significant barriers
prevent them from turning that desire into reality (01 July 2019).
More...
NSW
Tradesman convicted in relation to bullying young
workers
SafeWork NSW is encouraging businesses to remember mental
health at work after a Hunter tradesman was convicted of failing to
take reasonable care that his actions did not adversely affect the
health and safety of two young workers (09 July 2019).
More...
Queensland
$45 million in upgrades announced for three Gold Coast
substations
Three Gold Coast substations are to receive $45 million
worth of upgrades, with planning for another $8.5 million project
also underway (03 July 2019).
More...
Solution announced to PI insurance cladding crisis
Master Builders is pleased the government has heeded our
calls for a change in the rules for licensing building certifiers.
The Minister announced that building certifiers will be allowed to
have an exclusion on their professional indemnity insurance for
combustible cladding (03 July 2019). More...
Infrastructure Australia endorses Government's Bruce
Highway and M1 Pacific Motorway investment priorities
The next priorities for billions of dollars in investment
in Queensland road upgrades have been endorsed by Infrastructure
Australia (IA) with three nationally significant
Federal Liberal and Nationals Government-funded project (02 July
2019).
More...
Practice and courts
ABCB notice: CMI product certification body
accreditation suspended in Australia
Thursday, 11 July 2019 - As of 10 July 2019, CMI's
accreditation as a product certification body has been suspended by
JAS-ANZ.
More...
AIBS note – 11 July 2019
AZ ANZ announced that they have issued a notice of
suspension against CertMark International effective from 11 July
2019. The ABCB have also released a public statement about this
development which can be accessed
here.
Infrastructure Australia: Priority lists
It now includes three new Priority Projects for Queensland
(02 July 2019):
Bruce Highway – Cairns Southern Access Corridor – Stage
3: Edmonton to Gordonvale
M1 Pacific Motorway (Eight Mile Plains to Daisy Hill)
M1 Pacific Motorway (Varsity Lakes to Tugun)
OFSC: Changes to Accredited Contractor reporting
requirements 2019
Key Dates: Scheme Project information, including End of
Project information will be reported on the new Scheme Biannual
Report from 1 July 2019 and the first Scheme Biannual
Report, for the January to June 2019 reporting period, is
due by 31 July 2019.
More...
GBCA Important Deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
Queensland
Consultations
Proposed levy structure to fund the Office of Groundwater Impact
Assessment mining-related functions
DNRME invited stakeholders feedback on proposed options for a levy
structure to fund the expanded role of the OGIA in the mining
sector. Which has now been closed and responses are being
considered.
Extraordinary Ministerial construction council meeting -
July 04 2019
The Ministerial Construction Council met in Brisbane on 2
July 2019 to continue discussions on the challenge of professional
indemnity insurance for building industry professionals.
More...
Queensland Reconstruction Authority: Expressions of
interest infrastructure resilience projects in disaster-hit
communities
The Betterment Fund is the largest ever approved in
Australia. It's also the first time that funding will be
available for both state and local government-owned infrastructure.
Further information about eligibility and expression of interest
applications can be found
here. Deadline for expressions of interest is until 19 July
2019.
HPW: Plumbing and drainage reforms
To further protect the health and safety of Queenslanders,
a new mechanical services licence, which includes medical gas work,
will make sure that critical building services such as heating and
cooling systems are delivered in a way that will protect the public
from the dangers of legionella and other diseases. New plumbing
laws and regulations are coming into on 1 July 2019.
More...
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
Cases
Construction, Forestry, Maritime, Mining and Energy Union v
Milin Builders Pty Ltd [2019] FCA
1070
INDUSTRIAL LAW – admitted contravention of s 501 of
the Fair Work Act 2009 (Cth) (the "FW Act")
– civil penalties – right of entry pursuant to pt 3-4
of the FW Act – whether entry was refused – meaning of
the phrase 'refuse entry' – proportionality of
penalty to contravening conduct – declaration of
contravention of the FW Act – declaration sought by consent
– principles relating to the making of a declaration –
penalty imposed – no declaration made
Gindalbie Metals Limited, in the matter of Gindalbie Metals
Limited (No 2) [2019] FCA
1066
CORPORATIONS - scheme of arrangement - application for
orders to approve two schemes of arrangement - where low attendance
by shareholders at the meetings - where late service on three
shareholders - orders made approving both schemes -
Corporations Act 2001 (Cth) ss 411, 412, Chapter 6
Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia
Limited [2019] FCA
1049
CONTRACTS – Applicant contracted with the
Respondents to construct an access road to a remote mine site
– various matters led to the incurring of additional costs
and to construction delays – claim for damages for breach of
contract - claim for payment of the time-related costs incurred by
the Applicant in respect of additional work – claim for other
consequences of the additional time taken and the additional work
– claim for payment of variations.
Held: claim for the time-related costs fails but other aspects of
the breach of contract claim succeed in part.
CONSUMER LAW – claims of misleading or deceptive conduct
contrary to s 18 of the Australian Consumer Law – claim that
in entering into the contract the Applicant relied on four
representations made by the Respondents which were misleading or
deceptive – claim that if the representations had not been
made the Applicant would not have entered into the contract at all
or, alternatively, would have entered into a contract on schedule
of rates terms which assigned the risk and cost of additional work
and delay to the Respondents – Applicant did not prove that
the representations were made or that they were misleading or
deceptive – Applicant did not prove that it relied on the
pleaded representations in entering into the contract –
Applicant did not establish loss by reason of the alleged
misleading or deceptive conduct.
Held: contraventions of s 18 of the ACL not made out.
Australian Building and Construction Commissioner v Ingham
(The 180 Brisbane Construction Case) [2019]
FCA 1052
INDUSTRIAL LAW – alleged contraventions of Fair
Work Act 2009 (Cth) ss 417(1) and 500 – whether
contractors and subcontractors authorised or agreed to conduct of
Union representatives – entry permits and entry notices
– whether "open door" policy or requirement for
Union representatives to give notice before entering site –
where Union representative claimed to have entered site to raise
money for injured Union worker and workers took opportunity to
raise workplace issues – genuine and reasonable concerns
about imminent risks to health and safety
INDUSTRIAL LAW – whether Union representatives organised work
stoppages – whether stoppages authorised by enterprise
agreements – interpretation of "industrial action"
– onus of proving the "organising" of industrial
action within meaning of Fair Work Act 2009 (Cth) s 19(2)
– whether Union representatives exercised or sought to
exercise rights under Fair Work Act 2009 (Cth) Pt 3-4
– whether Union representatives "involved in"
contraventions of civil remedy provisions – accessorial
liability – aiding and abetting contraventions
INDUSTRIAL LAW – whether respondent Union liable for
contraventions of Union representatives pursuant to Fair Work
Act 2009 (Cth) ss 550 and 793 – whether Union
representatives intentionally hindered or obstructed or acted
improperly – whether Union representatives acted with actual
or apparent authority – where individual respondents
"clothed with apparent authority"
Fair Work Act 2009 (Cth) ss 12, 19, 19(1), 19(1)(b),
19(2), 19(2)(a), 19(2)(b), 19(2)(c), 417, 417(1), 417(1)(a), 478,
484, 486, 487, 489, 500, 500(2), 512, 545, 550, 550(2)(c), 793, Pt
3-4 Div 2, Pt 3-4, Pt 3-4 Div 2 Subdivs A, AA, B, Pt 3-4 Div 3, Pt
3-4 Div 4
Workplace Relations Act 1996 (Cth); Property Law Act
1974 (Qld) s 55; Work Health and Safety Act 2011
(Qld) ss 117, 119, 121(1), 122
AIG Australia Limited v Kaboko Mining Limited
[2019] FCAFC 96
INSURANCE - professional indemnity insurance - directors
and officers liability policy - appeal from decision of primary
judge on preliminary question - whether an insolvency exclusion
precluded cover under the policy for the claims made by the first
respondent - proper construction of the insolvency exclusion -
whether the subject matter of the Claim must have the alleged
insolvency link - appeal dismissed
Corporations Act 2001 (Cth) ss 436A, 588G
Miskelly v Roads and Maritime Services [2019] NSWCATAD
133
ADMINISTRATIVE LAW – access to government
information – cabinet information
ADMINISTRATIVE LAW – whether the Tribunal has jurisdiction to
review a decision of an agency that information is 'out of
scope'
The applicant, Greg Miskelly, seeks review of a decision of the
first respondent, Roads and Maritime Services
(RMS), to refuse him access to specified
information it holds concerning the costs/budget estimates for the
Sydney Gateway Project. The applicant sought access to this
information under the provisions of the Government Information
(Public Access) Act 2009 (NSW) (GIPA Act). He
contends that there is a manifestly overwhelming public interest in
the disclosure of this information so that members of the public
can know the estimated to costs of this major public infrastructure
project.
Champion Homes Pty Ltd v Lal [2019] NSWCATAP
170
BUILDING AND CONSTRUCTON – s 48O Home Building
Act 1989 – work order – appropriateness of an
order New South Wales. The respondents filed home building
application HB 16/36337 on 10 August 2019. The application
identified the wrong issue. Section 48MA of the Home Building
Act 1989 (NSW) (HB Act) contemplates a work
order.
In the matter of Wiggins Island Coal Export Terminal
Pty Ltd [2019] NSWSC
831
CORPORATIONS – arrangements and reconstructions
– schemes of arrangement or compromise – application
under s 411 of the Corporations Act 2001 (Cth) for orders
convening meetings of members to consider and, if thought fit,
approve a proposed scheme of arrangement – whether
requirements to order scheme meetings are satisfied.
CORPORATIONS – arrangements and reconstructions –
schemes of arrangement or compromise – application under s
411 of the Corporations Act 2001 (Cth) for orders
approving proposed scheme of arrangement – whether scheme is
fair and reasonable so that an intelligent and honest member of the
relevant class, properly informed and acting alone, might approve
it.
Palmgrove Holdings Pty Ltd t/a Carruthers Contracting The
Trustee for Hardev Property (Dev 10) Unit Trust t/a Hardev Property
10/07/2019
Adjudicated amount $335,913.84 including GST ($305,376.22
+ GST)
Ertech (Queensland) Pty Ltd and Brisbane City Council 12/07/2019
Matherson Construction Group Pty Ltd v Juilliard
Corporation Pty Ltd (Civil Claims) [2019]
VCAT 1014
Contract for works – Section 60 of the Australian
Consumer Law – works to be carried out with due care and
skill – works limited by the terms of the contract and
condition of premises.
For the reasons provided in writing, the Tribunal orders and
directs that: Juilliard Corporation Pty Ltd (ACN 007 226 904) must
pay Matherson Construction Pty Ltd (ACN 128 984 592) the sum of
$18,155.45. Juilliard Corporation Pty Ltd (ACN 007 226 904) is to
reimburse Matherson Construction Pty Ltd (ACN 128 984 592) the
application fee of $609.70.
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.