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Are you sure you are paying your employees what they are entitled to? You could be committing a criminal offence – unpacking the new wage theft laws

In this article, we look at how the new ‘wage theft’ amendments to the Criminal Code (Queensland) came to be and what they mean for employers. What is wage theft? Broadly speaking, wage theft occurs [...]

Introducing our preferred Insurance Broker Partner – Austbrokers Coast to Coast

In addition to being structured in an appropriate way to minimise your risks when operating your business, having the right insurance in place for your business is critical. An integral part in having the right [...]

Getting dusted for having a house cleaner

Do you employ people around your home for example, someone who comes to clean your house or tends to your garden regularly. Did you know, you could be at risk of a compensation claim if [...]

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Active Law – what else we do

Our expertise in Building and Construction Law is complemented by our ability to provide commercially effective advice, as well as practical strategies and solutions across the areas of:    Business Passionate about achieving the best [...]

CHALLENGING QBCC DECISIONS AND THE BENEFITS OF DOING SO

The Queensland Building and Construction Commission (QBCC) QBCC is a unique statutory body.  When established in 1991, the role of the QBCC was to licence building contractors and supervisors, issue owner-builder permits, direct the rectification [...]

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Returning to the Workplace – Post COVID-19

The COVID-19 outbreak has challenged workplaces around the country, testing the robustness of existing workplace standards and individual expectations. In forcing workers out of the workplace, to continue working in their homes, employers had to [...]

Help for Small Businesses to Recover from COVID

Everyday we see the effects of COVID-19 restrictions on small businesses. While our team do what they can to help  local small businesses  survive the current COVID-19 restrictions and business downturn,  unfortunately some financial challenges [...]

Brisbane Builder Prosecuted for Employment Breaches

Late last week, the Fair Work Ombudsman (FWO) announced a new prosecution against a Brisbane builder while the Fair Work Commission flagged a substantial increase in claims from employees relating to dismissal, stand down and [...]

Just for something a little bit different – some exciting news – Active Law is now the Preferred Legal Partner of ACS Queensland Branch

Active Law is pleased to announce that we have partnered with the Queensland branch of the Australian Computer Society (ACS) as their Preferred Legal Partner, providing their members with high-quality legal services. Our team will [...]

UPDATE: COVID-19 and employment in construction

Executive Summary: Have your say! - As discussions continue between industry associations and unions, members of the HIA and MBA may still have an opportunity to support the submissions from those organisations or raise any [...]

COVID-19 Update: JobKeeper Payment

On 30 March 2020, the Federal government announced implementation of the wage subsidy package to assist business owners and operators to keep their businesses functioning and people employed through the COVID-19 pandemic. Whilst approximately 500,000 [...]

Employment Update – What is Stand Down?

With COVID-19 control measures being escalated, the effect on many workplaces creates a lot of questions around how senior managers will manage the downturn and how they will handle their staff. The situation is changing [...]

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Legal Alert – Coronavirus and your employment arrangements

The current Novel Coronavirus outbreak is creating challenges on many fronts as governments around the world act to stem the spread of the disease. At the time of writing this, Australia has 14 confirmed cases [...]

BIF ACT SERIES – CHAPTER 3 PROGRESS PAYMENTS – BACK TO BASICS ADJUDICATION – #7

Welcome to the new year and the roaring twenties, 21st century style. This edition marks round 7 in our series of articles discussing the basics of adjudication under the Building Industry Fairness (Security of Payment) Act [...]

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Construction Law – Cladding Laws Change – Great News for Certifiers in Queensland

The Queensland Government has today announced its proposal to completely ban combustible cladding on all new buildings constructed within Queensland following discussions held by the Ministerial Construction Council yesterday. The proposal will see new regulations [...]

BIF ACT SERIES – CHAPTER 3 PROGRESS PAYMENTS – BACK TO BASICS ADJUDICATION – #6

The hierarchical nature of construction contracts makes contracted parties extremely vulnerable to the whims and solvency of the contracting parties. Each contractor/subcontractor down the contractual chain will have had to expend substantial resources to carry [...]

Builder Beware: Strict Time Frames to Review a Direction to Rectify

A Queensland Building and Construction Commission (“QBCC”) direction to rectify can have a significant impact on a builder. Apart from the accumulation of demerit points and the potential fine, if a builder does not comply [...]

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BIF Act Series – Chapter 3 Progress Payments – Back to Basics Adjudication – #5

Welcome to round 5 in our series of articles discussing the basics of adjudication under the Building Industry Fairness (Security of Payment) Act 2017 (“BIF Act”). This week’s focus is on determining the due date [...]

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BIF ACT SERIES – CHAPTER 3 PROGRESS PAYMENTS – BACK TO BASICS ADJUDICATION – #4

As the saying goes, time and tide wait for no one. The service of a payment claim sets the adjudication train in motion and if you are not ready to jump on at your stop, [...]

BIF ACT Series Chapter 3 Progress Payments – Back to Basics Adjudication – #3

Welcome to the third installment in our series of articles discussing the basics of adjudication under the Building Industry Fairness (Security of Payment) Act 2017 (“BIF Act”). In this series we attempt to strip back [...]

Construction Law – BIF ACT Series – Chapter 3 Progress Payments – Back to Basics Adjudication – #2

This is the second in a series of articles discussing the ABC’s of the adjudication process and you’re in luck, this one is our shortest yet (jokes). If you missed our first article, you can [...]

Construction Law – Getting Paid What You’re Owed: Changing the Retention Culture

I know we said we were going to give you a series of articles on the adjudication process, however, we think this warrants diversion.  We recently attended the Queensland Building and Construction Commission’s (“QBCC”) information [...]

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Construction Law – BIF ACT SERIES – CHAPTER 3 PROGRESS PAYMENTS – BACK TO BASICS ADJUDICATION – #1

Unfortunately, disputes are becoming more and more common in the building and construction industry for all manner of reasons. Excessive time constraints, mass development, poor workmanship or contract administration, oppressive contractual terms, overregulation and financial [...]

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Construction Law – Director Penalty Notices – the Sword that Pierces the Corporate Veil

Lately it seems that building contractors and subcontractors are being bombarded with increasing amounts of statutory regulation directed specifically at the construction industry.  Amongst all of the noise, it is easy to forget some laws [...]

Construction Law – Builder Beware: Strict Timeframes to Review A Direction To Rectify

A Queensland Building and Construction Commission (“QBCC”) direction to rectify can have a significant impact on a builder. Apart from the accumulation of demerit points and the potential fine, if a builder does not comply [...]

Construction Law – Building Industry Fairness (Security of Payment) Act 2017 – AN EARLY CHRISTMAS PRESENT TO THE CONSTRUCTION INDUSTRY

If you’re a principal, developer, builder or a subcontractor who engages subcontractors or suppliers, strap yourself in and pay attention, it’s going to be a bumpy ride (and not just because this is a long [...]

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Construction Law – Building Industry Fairness (Security of Payment) Act 2017 – More changes to affect the industry

A series of reforms to improve security of payment for subcontractors have been incrementally introduced from 1 March 2018 under the new Building Industry Fairness (Security of Payment) Act 2017 (“BIF Act”). The Plumbing and [...]

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QBCC Act – Keep safety in mind, it will save your behind

On 27 February 2015, 20-year-old Jason Garrels was fatally electrocuted at a construction worksite in Clermont, Queensland, when he physically held a construction sub-board which was being erected on site in an attempt to comply [...]

Construction Contracts – Stay of Contract Termination Rights on Insolvency – Constructive

It has long been common practice to include in construction contracts (and indeed in many other types of contract) a clause which allows one party to terminate the contract immediately if the other party (which [...]

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Construction Law – Is the Subcontractor’s ATM Back?

Critics of the Building and Construction Industry Payments Act 2004 (“BCIPA”) often referred to the original version of the BCIPA as the subcontractor’s ATM. That criticism stemmed mostly from the claimant friendly procedures which allowed [...]

Construction Law – How Does the Building Industry Fairness Bill Affect Construction?

Issue One On 22 August 2017, the Minister for Housing and Public Works, the Hon. Mick de Brenni introduced the Building Industry Fairness (Security of Payment) Bill 2017 (“BIFB”) into the Queensland State Parliament. This [...]

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How the BIFB affects Builders and Subcontractors

QBCC Bringing back the Biff On 22 August 2017, the Minister for Housing and Public Works, the Hon. Mick de Brenni introduced the Building Industry Fairness (Security of Payment) Bill 2017 (“BIFB”) into the Queensland [...]

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Construction Law – Excluded Under the QBCC Act?

How can the 2014 and 2015 amendments to the Queensland Building and Construction Commission Act 1991 (the Act) lead to a person whom was previously determined to be an "excluded individual” or a “permanently excluded [...]

Subcontractors, Administer Your Contract – Constructive

This is a shout out to the subcontractors who are contracting to undertake work to a head contractor or smaller to mid-tier builders  contracting to the principal. As the title suggests, the purpose of this article [...]

Is Security of Payment on the Nose? 

Loosely described as ‘security of payment’ legislation, these laws exist now in every State and Territory in Australia, although they have evolved to differ markedly from one jurisdiction to another. In Queensland, the Building and [...]

Do you really want to get out of that Contract? Well perhaps now you can…Unfair Contract Laws will now apply to certain contracts entered into after 12 November 2016.

If the Court finds a particular term of that contract to be unfair, the clause will be unenforceable. If the clause is essential to the Contract, the whole contract might then be unenforceable. This might [...]

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Welcome to Constructive – Constructive

Welcome to CONSTRUCTIVE, the newsletter from Active Law’s construction law team.  Watch this space for constructive, relevant articles to keep you informed on issues that are important to you and your dealings in the construction [...]