19 December 2018 / Legislation Alert

Updated Subcontract & Supply Agreements

AS4901 & AS4903 Subcontract Agreements

Please make yourself aware of the following changes:

  • QLD only – The Security of Payments act previously known as BCIPA has been replaced with the BIFA (Building Industry Fairness Act) and Chapter 3 of the Act was enacted 17 December 2018. Strict penalties apply around payment of subcontractors (both at a company and personal level). Teams are to familiarize themselves with BIFA https://www.legislation.qld.go... 
  • Safety Requirements and HSE Requirements Annexures removed in lieu of subcontractor link (refer clause 12.2) https://subbies.hutchies.com.a...
  • Timing for progress claims noted as last business day of the month.
  • Annexure for Programme added in.
  • Order of Annexures in line with HB order of precedence of these documents.
  • QLD only – Retention Release Notice (Annexure Q) added in in line with BIFA requirements.
  • All States – Subcontracts revised to reflect changes to state specific legislation updates.
  • Subcontract Conditions Clause order updated and expanded upon where required to reflect legislative updates.

Supply Agreements

Please make yourself aware of the following changes:

  • Multijurisdictional amendments: Supply agreement has been updated with a number of amendments to make this Agreement multijurisdictional. 
  • Security of Payment Legislation – Qld: Note that, this Agreement refers to the BIFA.
  • Clause selections: To keep the Agreement simple, we have not provided for options in the T&Cs but there is the option to select clauses in the Special Conditions depending upon whether or not they apply to the jurisdiction. 
  • Subcontractor’s website: New HB link provided as to the keeping of records (i.e. records and documents that the supplier is to maintain) - clause 2.1(f). 
  • Timing for supplier invoices is noted as the last business day of the month. 

More information

If you need additional support, please email Bree Hoek or Owen Valmadre. Alternatively phone +61 7 3859 6310 / +61 7 3335 5045.

Other Recent Activities

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9 April / Meetings

Thanks for participating in Hutchies' All Company Update.

A copy of the presentation slides is available to download below.

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31 March / Update

All construction projects over $250K need a site-specific WHS Management Plan to ensure processes are in place to reduce health and safety risks.

The WHS Management Plan has been updated to align with Safe Work Australia's Model Code of Practice: Construction work.

The language has been refined to be clearer about the legal and other requirements that must be followed on site.

Actions

Projects with more than 3 months left must update the WHSMP and appendices by 30 April 2025.

Projects with less than 3 months should review the amendment register and make any relevant updates to the current plan.

Team HSE Managers

  • Coordinate the update of the plan and all appendix documents in consultation with the project team
  • Ensure proper archiving of superseded plans (2 years following project completion)

Project Manager

  • Ensure plans are updated within the 3 month period and approved for use

Project Teams

  • Update the WHS Management Plan with the Team HSE Manager
  • Communicate the update to subcontractors 
  • Maintain updated hard copy of WHS Management Plan on site 

Team Leaders 

  • Where the team does not have a Team HSE Manager, the Team Leader is required to oversee this process and all updates

Further updates

The following guidance material has also been updated. A full list of amendments can be found here.

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24 March / Training

This qualification applies to individuals working in, or wishing to transition into, a work health and safety (WHS) role who provide a broad range of technical knowledge and skills and have some limited responsibility for the output of others.

The qualification applies to those working as supervisors, WHS personnel, and workers in other WHS-related roles who manage risks effectively, apply relevant WHS laws, and contribute to WHS within the workplace in known or changing contexts with established parameters.

The specific nature of this course will include contextualisation of Hutchies’ Policies, Processes, Procedures, and Systems relating to on-site hazard identification, risk assessment and hierarchy of control measures within the scope of its operations.

Units of competency for the Cert IV WHS that we will cover are:

  • BSBHWS412 Assist with workplace compliance with WHS Laws
  • BSBWHS413 Contribute to Implement & Maintenance of WHS Consultation & Participation Processes
  • BSBWHS414 Contribute to Risk Management
  • BSBWHS415 Contribute to implementing WHS Management Systems
  • BSBWHS416 Contribute to Workplace Incident Response
  • BSBWHS417 Assist with Managing WHS Implication of Return to Work
  • BSBWHS418 Assist with Managing WHS Compliance of Contractors
  • BSBWHS431 Develop Processes and Procedures for controlling Hazardous Chemicals in the workplace
  • BSBCMM411 Make a Presentation
  • BSBWRT411 Write Complex Documents

Funding is available for eligible Queensland participants via CSQ.

For course inquiries call / email Warren Belford on 0427 337 379.

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22 March / Event

Please join us for a night of celebration to recognise Hutchies’ brightest learners 

Every year we identify an exceptional apprentices, cadets and continuous learners from Hutchies’ training and professional development programs.

Date and Time

Saturday, 22 March 2025
5.30pm for 6pm start

Location

Western Districts Rugby Football Club
65 Sylvan Road
Toowong QLD 4066
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Enquiries

Michelle Buckland
0447 758 566
training@hutchinsonbuilders.com.au

RSVP

Places are limited - please confirm
your spot by
Friday, 14 March 2025

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