If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Enter details below and sign up
Also different, except in Victoria, is that those who can carry out commercial building work is largely unregulated. This means that, unlike residential building work, there are no minimum legislated compliance requirements.
In Victoria, to carry out commercial building work you are required to be registered as a commercial builder. There are a range of registrations, the most expansive of which is becoming registered as Commercial Builder (Unlimited). Under this type of regulation you can carry out commercial building work of any height and floor size.
While contractual requirements to carry out commercial building work are also largely unregulated, having a contract in place remains important. HIA recently published a Small Works Commercial Contract that is available for members to purchase. The contract is designed for commercial work with a value of up to $50,000, is drafted in plain language and appropriately balances the rights and obligations of both parties.
Beyond the who, what and how, there is a range of other factors to be mindful of when considering carrying out commercial building work.
When carrying out residential building work the issues associated with industrial relations, for example, employment obligations or engaging with the unions, may never have crossed your mind. However, moving to working on commercial sites could shed a different light on these issues.
The construction unions, particularly the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), are known to be very active on commercial construction sites, and they may seek to enter the site and talk to your workers.
Under the Fair Work Act 2009 unions have the right to enter workplaces in certain circumstances. However, to exercise these rights, there are various rules and requirements.
A union official who has a valid right of entry permit and on providing at least 24 hours’ notice may enter your workplace when:
You may request to see a copy of the entry permit.
While on the site to investigate suspected breaches, a permit holder can:
Unions may also enter a workplace to have discussions with employees regardless of whether there is a union member at the workplace. Discussions may only occur during non-working hours such as meal times and other breaks. You and a permit holder must agree on the location for these discussions. Where an agreement cannot be reached, the permit holder can carry out these discussions in a lunchroom or another area where breaks are ordinarily taken.