Leveling the Playing Field: How CICA’s New Template is Changing the Crane Industry

Service Agreement Template - Document Handover Photo

                  At Level Playing Field Lawyers, we’re proud to announce a landmark collaboration with the Crane Industry Council of Australia (CICA).  As part of our ongoing commitment to improving the construction industry, we were engaged to prepare  CICA’s new Service Agreement Template—a resource designed to streamline contracting, […]

Know Your Rights When Claiming Rectification Costs!

Construction contract discussion

If you’re a subcontractor working under the Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act), it’s crucial to understand how to properly claim rectification costs and avoid getting caught in disputes over “excluded amounts.” A recent court case, Hanson Construction Materials Pty Ltd v Decmil Australia Pty Ltd [2024] VSC 361, […]

HAVE A COMPLEX BUILDING MATTER IN VCAT? IS VCAT THE CORRECT JURISDICTION? 

Consider the effect of the recent decision in Plunkett v Portier Pacific [2024] VCAT 204.  Facts The Respondent in this matter applied to have the proceeding struck out and referred to the Supreme Court of Victoria under section 77 of the VCAT Act for reasons including complexity, the claimed amount being over $1 million, number […]

Closing the Loopholes Bill

Group of construction workers standing on concrete formwork wearing yellow safety jackets. The sun is casting a long shadow behind them.

Equal pay for subcontractors in labour hire agreements Key Points regarding ‘Labour Hire Loophole’ Which businesses in the construction industry are affected? Businesses who engage or provide labour for example: Builders/head contractors Crane and rigging companies Labour hire companies Steel fabricators Formworkers Scaffold companies What are labour hire agreements? Labour hire agreements can be between […]

Industry Advocacy

On 19 May 2023, Level Playing Field prepared a parliamentary submission to: Inquiry into employers and contractors who refuse to pay their subcontractors for completed works – Report Tabled today We are excited to announce that the Legislative Assembly Environment and Planning Committee has provided some recommendations including to: Enable subcontractors to claim all the value awarded […]

New laws set to give Independent Contractors more rights in a contract

Independent Contractor shaking hands with employer

There are proposed laws that are set to give independent contractors more control over their work. What’s the change? Independent contractors will be able to make claims as if they are an employee if they are in an unfair contract. This could include claims for unpaid employment entitlements like sick leave or annual leave. Key […]

Cross Hire Agreement Template

Cross Hire Agreement Template Home | Blog | Articles | Cross Hire Agreement Template https://1cdn.com.au/wp-content/uploads/2022/12/Cross-Hire-Agreement.mp4 As part of the Crane Industry Coucil of Australia’s Business Essentials (CBE), Level Playing Field is working with CICA to produce a cross hire agreement template.The aim of this cross hire agreement template is to facilitate efficient contracting between crane owners, hirers, operators and construction company […]

Employers should be cautious when dismissing employees (even high income earners)!

Employers should be cautious when dismissing employees (even high income earners)! Home | Blog | Articles | Employers should be cautious when dismissing employees (even high income earners)! Did you know a high earning employee can still make an unfair dismissal application if they are covered by an award or enterprise agreement and meet other eligibility criteria? Unfair dismissal is […]

Disputing liquidated damages and delay

Disputing liquidated damages and delay Home | Blog | Articles | Disputing liquidated damages and delay Good news! Liquidated damages are not to be considered under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOPA). Even if you are significantly delayed in disputing them. Excluded amounts under SOPA Some claims are ‘excluded amounts’ which cannot be taken into account […]

More ways to protect your business with security interests 

More ways to protect your business with security interests Home | Blog | Articles | More ways to protect your business with security interests The recent case of court case of AWE Perth Pty Ltd v Clough Projects Australia Pty Ltd shows that there are more ways to protect your business when entering into a construction contract. Key Points: […]

Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing

Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing Home | Blog | Articles | Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing Lessons from the liquidation of Porter Davis, Hallbury Homes and others. Method B is commonly used in Domestic Building Contracts, and many future homeowners sign them without […]

Construction and Infrastructure Partner of the Year Award 2023 Finalist

Construction and Infrastructure Partner of the Year Award 2023 Finalist Home | Blog | Articles | Construction and Infrastructure Partner of the Year Award 2023 Finalist We are excited to announce that our Principal Lawyer Ping Gangur is a finalist in the Construction and Infrastructure Partner of the Year Award 2023! This is a premier event that will bring together […]

Inquiry into the non-payment of construction workers 

Inquiry into the non-payment of construction workers Home | Blog | Articles | Inquiry into the non-payment of construction workers An update on our submission to the Victorian government  Submissions to the inquiry into non-payment of construction workers has now closed.  We’ve spent the last few weeks talking to workers and business owners who have been affected by this […]

Have Your Say About Non-Payment in the Construction Industry

Have Your Say About Non-Payment in the Construction Industry Home | Blog | Articles | Have Your Say About Non-Payment in the Construction Industry Are you a construction worker who hasn’t been paid for your works Non-payment is a frequent issue among subcontractors that has serious impacts. Now, the Victorian government is committed to implementing change and wants to […]

Lawyers Weekly 30 Under 30 Awards 2023 Finalist

Lawyers Weekly 30 Under 30 Awards 2023 Finalist Home | Blog | Articles | Lawyers Weekly 30 Under 30 Awards 2023 Finalist We are pleased to announce that one of our lawyers Marianne Phan has been short-listed for Dispute Resolution and Litigation for the Lawyers Weekly 30 Under 30 Awards 2023 . The Lawyers Weekly 30 Under 30 Awards is the premier […]

Top Tips for Avoiding Legal Trouble

Top Tips for Avoiding Legal Trouble Home | Blog | Articles | Top Tips for Avoiding Legal Trouble Legal disputes can be extremely costly, lengthy and stressful. However, there are processes you can implement to reduce the chance of becoming embroiled in litigation. Here are our top tips for avoiding legal trouble: Ensure you have a written contract that […]

Business Shutdowns – Limitations on Employers

Business Shutdowns – Limitations on Employers Home | Blog | Articles | Business Shutdowns – Limitations on Employers The Fair Work Commission is putting a stop to employers directing employees to take leave without pay during any business shutdown periodsIf your business has shutdown periods, it’s important to know if this applies.Seventy-eight awards are being amended by […]

Important amendments to the Fair Work Act – what you need to know

Important amendments to the Fair Work Act – what you need to know Home | Blog | Articles | Important amendments to the Fair Work Act – what you need to know Some significant amendments to the Fair Work Act are in motion.These changes were brought about by the new Labor government and their focus on wage growth for […]

More Temporary Skill Shortage visas – and an opportunity for businesses

More Temporary Skill Shortage visas – and an opportunity for businesses Home | Blog | Articles | More Temporary Skill Shortage visas – and an opportunity for businesses Are you experiencing a labour shortage?It’s no secret that there is an industry-wide labour shortage currently hitting the construction industry. Late last year the government announced that they are increasing the […]

Changes to the Fair Work Act

Changes to the Fair Work Act Home | Blog | Articles | Changes to the Fair Work Act On 7 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) came into force. It implemented sweeping changes to workplace laws. Summary of key changes: Pay Secrecy ClausesEmployees have a new workplace right to disclose their […]

Changes to unfair contract terms and how this effects the construction industry

Changes to unfair contract terms and how this effects the construction industry Home | Blog | Articles | Changes to unfair contract terms and how this effects the construction industry On 10 November 2022, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) introduced widespread reforms to unfair contract terms (‘UCT’) under the Australian Consumer Law. What […]