Under the Queensland Building and Construction Commission Act 1991 (QBCC Act), a licensee must ensure building work is personally supervised. Personal supervision can be undertaken by:
- the company’s nominee
- an officer or employee of the contractor who holds one of the following licences, in the same licence class as the company, authorising supervision of building work:
- a nominee supervisor licence
- a site supervisor licence
- a fire protection or mechanical services licence
- an occupational licence, or
- an individual who holds a contractor licence of the relevant class.
Please note: a company must have a nominee supervisor that holds the same licence class as the company. A company may have multiple nominees to achieve compliance across all licence classes.
A nominee supervisor allows a company to undertake building work and holds the required knowledge and skills to assure proper standards of building work are achieved. It is a critical role and function in the business.
Companies must implement a system of supervision. Without this system, there is a risk of poor supervision, which could lead to defective and unsafe work practices.
Section 43A of the QBCC Act explains what represents adequate supervision, including:
- whether the contractor has a system of supervision for the work and how the system is implemented
- whether the building work is in accordance with the plans and specifications set out in the contract for the work
- whether work is of a standard expected of a competent holder of a contractor’s licence of the relevant class
- whether, for the size and complexity of the building work, the following are sufficient:
- the level of control, oversight and direction exercised by a person authorised to supervise the work
- the number, timing, and quality of inspections carried out by a person authorised to supervise the work
- whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.
The QBCC has processes in place to assure licensees comply with the supervision of building work requirements. Companies that apply for a licence and choose to employ a nominee supervisor that is deemed high risk may be requested to provide additional information to satisfy the QBCC that the company has an appropriate system in place to personally supervise the work.
When determining whether a company has a suitable nominee in place, we consider the following:
- employment status – has a nominee supervisor been employed casually by a company to supervise full-time work?
- travelling distance – does the nominee supervisor live more than 300km from the work they are supervising?
- other commitments - is the nominee supervisor already a nominee supervisor for two or more other construction-related legal entities?
The QBCC may seek assurances from the company by requesting evidence, such as a documented system of supervision that addresses certain risks. For example, how a nominee supervisor employed on a casual basis can attend the site as required to ensure proper standards are met.