Understand Construction Contract – Read before you sign
CASE STUDY V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2021] VSC Facts V601 Developments Pty Ltd (V601) engaged Probuild Constructions (Aus) Pty Ltd (Probuild) for development and construction of a project know as the Precinct Project, which comprised 5 separate buildings and 467 apartments. First Urban Pty Ltd was appointed by V601 […]
Payment claims must only relate to one Construction Contract
CASE STUDY Ventia Australia Pty Ltd v BSA Advanced Property Solutions (Fire) Pty Ltd [2021] NSWSC 1534 Facts BSA Advanced Property Solutions (Fire) Pty Ltd (Subcontractor) and Ventia Australia Pty Ltd (Head Contractor) entered into a subcontract to carry out fire asset maintenance service. The subcontract enabled the Head Contractor to issue “work orders” to the […]
Worker’s dismissal for protesting against vaccine mandates deemed lawful by Fair Work Commission
In a recent Fair Work Commission (FWC) decision, FWC has upheld a company’s decision to immediately terminate a construction industry worker after he attended a protest outside the Construction in Melbourne.The FWC found that the protest was unlawful because it contravened government ‘stay-at-home’ directions which were in place at the time. The employer was ‘wrong […]
Credit Default Listings – What to be aware of
Many people make the mistakes of shrugging off a credit default, mainly because they don’t fully understand how such a record can affect their financial future. What Is a Credit Default Listing? A default is also referred to as an overdue debt that has not been addressed. A credit default listing is an example of […]
New licensing scheme for Tradespeople
In late 2018, the Victorian Government made amendments to the Building Act 1993 to introduce a new registration and licensing scheme for tradespeople.Changes will be implemented for carpentry first, with other trades to follow over a five-year period. Differences between registration and licensing A trade who is registered may work as a contractor or employee.A […]
Claiming worker compensation for a serious adverse reaction from a Covid-19 Vaccine
An employee may be entitled to workers compensation if they sustain an injury due to the mandatory COVID-19 vaccine and the injury occurred in the course of employment. Employees need to show that the employer has mandated the vaccine and has: Despite making a claim through the Australian Vaccine Claims Scheme (discussed in our September […]
Essential workers challenge vaccine mandates in Court
Vaccines have been a controversial issue since vaccinations become mandatory for essential workers. Recent Challenges to Vaccine Mandates Failed Background In the NSW Supreme Court case, Al-Munir KASSAM v Bradley Ronald Hazzard (2021), Sydney construction worker Al-Munir Kassam and other plaintiffs argue that their rights to bodily integrity and freedom of movement were being impinged. […]
Compensation scheme for people who experience adverse effects from the Covid-19 Vaccine
On 28 August 2021, the Australian Government announced a “No Fault COVID-19 Indemnity Scheme” for patients, health professionals and employers. The aim of the COVID-19 Vaccine Claim Scheme is to reimburse people who suffer a moderate to significant impact following an adverse reaction to an approved COVID-19 vaccine. The scheme also gives employers and health […]
Construction industry shut down for two weeks and other restrictions in Victoria
The construction industry in Victoria has been shut for one week now, with another week of shut down to go. Unless you have been living under a rock, then you should be aware that the Victorian Government recently announced the shutdown of construction sites in metropolitan Melbourne and other local government areas for two weeks, […]
Employee who refused to get the jab has unfair dismissal claim dismissed
CASE STUDY – Maria Corazon Glover v Ozcare [2021] FWC 2989 Background of case Ms. Glover was a care assistant employed by Ozcare. Her role required her to work closely with elderly clients.In April 2020, Ozcare’s workplace employee immunisation policy was amended to mandate that employees receive the influenza vaccination. These amendments were in response […]