Legislation

Is your advertising up to scratch?

Is your advertising up to scratch?

If you hold a licence with the Queensland Building and Construction Commission (QBCC) you must include your licence number in all of your advertising, including on social media. Penalties may apply under the QBCC Act for failing to do so.

Worse still, if you’re unlicensed and claim to offer building or plumbing work which requires a licence, you could face tough penalties.

Licensee survey results summary

In February 2020, the Service Trades Council published a survey to gather important industry information from licensees. More than 550 responses were received, providing valuable feedback on important topics. Licensees also expressed how the Council could better meet their needs.

The Council will be working with the QBCC to ensure that the requested topics are covered in upcoming newsletters and social media. Some of the topics that we will be bringing you in the next 12 months include:

You can help shape the Building Industry Fairness reforms

Man raising his hand to as question at a seminar

The Queensland Government is currently implementing reforms to make the building and construction industry fairer by introducing changes to project bank accounts, progress payments, subcontractors’ charges, adjudication and Minimum Financial Requirements (MFR). 

The government is also asking for industry feedback in order to evaluate and review the reforms. The Building Industry Fairness Reforms Implementation and Evaluation Panel has been established for this purpose.

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Commencement of new security of payment laws

It’s now easier to get paid for construction work or related goods and services in Queensland. From 17 December 2018 elements of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) and amendments to the QBCC Act commence. 

What does this mean for you?

The BIF Act introduces changes to progress payments, adjudication and subcontractors charges. There are new requirements for payment claims (your regular invoices, progress payments or requests for payment) and payment schedules. This means that: 

Minimum Financial Requirements (MFR)

Woman on phone in front of a laptop.

The new Minimum Financial Requirements (MFR) Regulation will commence on 1 January 2019. The Regulation will operate alongside the current MFR policy, which was introduced in October 2014. These will support the security of payment initiatives within the building and construction industry. 

Under the new laws, QBCC licensees who hold a contractor grade licence will be required to meet annual financial reporting obligations. 

What do you need to do today?

If you are a licensee within financial categories self-certifying 1 (SC1) to Category 3:

Liability Period and retentions – head contractor and subcontractor responsibilities

From 17 December 2018, new requirements apply to the retentions, security and a statutory defects liability period. 

If under a building contract: 

  • a retention amount may be withheld; or 
  • a security may be held after practical completion for the rectification of any defects in the building work 

Any retention amounts or security must be released 12 months after practical completion if the contract does not specify the defects liability period. 

What are the changes to legislation that will help me get paid?

From 17 December 2018, the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) can help you get paid for the work you do. The BIF Act replaces the Building and Construction Industry Payments Act 2004 (BCIPA) and Subcontractor’s Charges Act 1975.

Please note: any payment claim served before 17 December 2018 will follow BCIPA for the recovery of payments.

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