What to do when unions want access on job sites

From 1 July 2009, most Australian workplaces are governed by a new system created by the Fair Work Act 2009.

Right of entry refers to the part of Commonwealth workplace laws which regulate the rights of organisation officials (such as a trade union) to enter work premises including construction sites. 

There are strict rules that must be complied with before a union official or other government officials eg Fair Work Inspectors, can enter a workplace.

They can’t just walz in under the guise of Work Place Health & Safety issues and start throwing their weight around.

To read your rights – go to – http://www.fairwork.gov.au/About-us/policies-and-guides/Fact-sheets/rights-and-obligations/right-of-entry

Proposed Amendments to the Building and Construction Industry Payments Act Qld

As a result of stakeholder consultation carried out by Mr Andrew Wallace, a barrister with extensive industry experience, amendments have been recommended for the BCIPA of Queensland.  There are 3 key areas of reform most notably

  • Appointment of  adjudicators  and the adjudication process
  • Timeframes for claimants and respondents
  • Provision of additional information – adjudication response can now include all relevant reasons for withholding payment.

These reforms have been approved by cabinet and will debated in Parliament mid-year with the changes likely to com into effect 1 September, 2014

http://www.bcipa.qld.gov.au/SiteCollectionDocuments/Fact%20Sheets/BCIPA%20Fact%20Sheet%20-%20Amendments.pdf

No licence – No payment

Contractors or subcontractors need to carefully consider whether they in fact hold the licences that permit them to carry out the works they will be required to perform.

A contractor agrees to do work it is not licensed to perform. Does it have a right to be paid?

A recent decision of the Queensland Supreme Court highlights the need for Queensland contractors to be appropriately licensed to perform the building work they are contracted to undertake (Dart Holdings Pty Ltd v Total Concept Group Pty Ltd [2012] QSC 158). A contractor may lose their contractual right to payment where any part of the work agreed to is work the contractor is not licensed to carry out.

For full text vist

http://www.claytonutz.com.au/publications/edition/16_august_2012/20120816/no_licence_no_payment_queensland_supreme_court_warns_contractors_who_do_unlicensed_building_work.page