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, […]
Contract is King: High court case provides certainty regarding Casual Employees
The recent High Court decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021) has once again placed contracts as king when it comes to determining the relationship between employer and employee.The “commitment test” in the lead judgment is a test on whether the parties had the same intention determined by the […]
The realities of enforcement under SOPA
There is often a misconception that referencing SOPA in your payment claims automatically affords you protection under SOPA.In reality, there are many practical challenges to using the SOPA regime. The following factors can greatly increase your costs of using SOPA: THE IMPORTANCE OF BEING SOPA COMPLIANT From signing a contract, to administering the contract through […]
July 2021 Update
This month we’ll be discussing the challenges of enforcement under the Security Of Payments Act, also known as SOPA. And how to minimize the risk in the context of some COVID issues such as construction delays, and shortages in material. Many of our clients are surprised at how expensive and challenging the process of enforcing […]
Casual employees now defined under Fair Work Act
Back in our January 2021 e-Newsletter, we spoke about a new Bill being introduced to make amendments to the Fair Work Act 2009 (Cth) (FW Act). This Bill has now been passed. Changes to be aware of:A person is a casual employee if they accept a job offer from an employer knowing that there is […]
How to recover your Debts
With the End of Financial Year 2021 fast approaching, we discuss how to practically recover your overdue debts in the construction industry. These debt collection methods include: Letter of Demand A letter of demand is a formal demand for payment and generally sets out the consequences of non-payment, which is usually legal action. A letter […]