Articles

Overview If you’re a contractor or subcontractor who has carried out construction work or provided related goods and services in NSW, you have a powerful pathway to debt recovery through the security of payment act in your jurisdiction. We set out below the process in NSW, which is largely similar across all states. Adjudication under … Continued

Introduction In the construction industry, getting paid on time can make or break a business. But what happens if payment doesn’t come through? How long do you actually have to chase your money? There are two important deadlines to keep in mind. The first is the timeframe under the relevant security of payment act in … Continued

What is the Security of Payment Act? The Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) is designed to ensure that any person who carries out construction work, or supplies related goods and services, gets paid promptly. It creates a fast-tracked, interim dispute resolution process that operates alongside, and often much faster … Continued

Changes to the Fair Work Act: Right to Disconnect The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 was passed recently, making several important changes to the Fair Work Act 2009 (the Act). The newest change to the Act is inclusion of a ‘right to disconnect’, specifically a right to disconnect from contact … Continued

As of the 14 December 2023, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 has received royal assent.   This brings about significant changes to the Fair Work Act 2009 (FW Act) that employers should be aware of, effective from 15 December 2023 including:  While the changes relating to labour hire are now in effect, … Continued

13 December 2023  In recent times sexual harassment and discrimination in the workplace has been quite topical globally with movements such as the #MeToo movement which has shone a light on issues that were and still are prevalent in many workplaces.  This is exemplified by the Australian Human Rights Commission’s (AHRC) Time for respect: Fifth … Continued

Poor cashflow and insolvency are two unfortunate issues that plague the construction industry in Australia. It is reported that in the 2022-2023 financial year alone, over 2000 building companies went into liquidation. The risk of non-payment is therefore as real as ever. To finally receive payment from a debtor through debt recovery methods is always … Continued

The Albanese Government’s 2022 election commitment was to close the gender pay gap.  The proposed Workplace Gender Equality Amendments (Closing the Gender Pay Gap) Bill 2023 (the Bill) is before the Senate and was circulated by the Minister for Women, Senator the Honourable Katy Gallagher.    Since the start of 2023, the government has legislated … Continued

The new Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022 (the Bill) was passed through the House of Representatives on 9 February 2023.  Pending passage through the Senate, the Bill will need to be passed by March 2023, so parents expecting to give birth or adopt, on or after 1 July … Continued

Have you served a payment claim for works your company has undertaken? When serving payment claims under the NECA Legal advises that when serving payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) it is crucial to ensure the validity of such a claim to guarantee its enforceability. A … Continued

The recent decision of the Full Federal Court in Australian Competition and Consumer Commission (ACCC) v Quantum Housing Group Pty Ltd (2020) (Quantum Housing Group case) has clarified the law regarding unconscionable conduct. This is a crucial decision for consumers and small businesses as it expands the scope for which unconscionable conduct is prohibited in … Continued

A recent decision of the Fair Work Commission, Ms Bou-Jamie Barber v Goodstart Early Learning, has considered whether it was lawful and reasonable for an employer to terminate an employee who refused to obtain a flu vaccination that was directed by the employer. In this case, the dismissal was valid on the basis that the … Continued