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Licensing and registration of construction companies in Victoria

   

Added on  2022-08-14

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NEW CONSTRUCTION LEGISLATIVE REQUIREMENTS
(Name)
Subject: Property Law
(Professor)
(University)
(City)
(Date)
Licensing and registration of construction companies in Victoria_1
PART A: LEGISLATIVE REQUIREMENTS
1. licensing and registration legislation in Victoria
A building company working in Victoria needs to be registered with CBA which runs the
registration of construction companies. Different people in the company should be registered under
different categories like a building surveyor, a building inspector, an engineer, managers, and
supervisors. There are instances when an employee who is working with a registered company and
does not hold a supervisory position does not necessarily need registration. 190-206).
Builders registered as a builder.
Supervisors- Registered as a supervisor or a manager
Managers/Qualified Supervisors registered as managers or qualified supervisors
Business registration requirements for a Company
To register a building company in Vitoria one will need to select a business structure, have a
business name, have a bank account, obtain city licenses and permits and get necessary legal
requirements (Wong, 2015, pp.
2. Key OHS/WHS legislation and regulations to be implemented include:
a) Management of risks and health of workers at a given workplace.
b) Ensure the health of the customer, visitors, and suppliers at the construction site.
c) Ensure that workers have workers compensation insurance policy
d) Monitor the health of working and working conditions.
e) Provide information, instruction and necessary training for the safety of workers.
f) Provide and maintain enough safety facilities for the employees
g) Ensure that machines are safe to be used by workers.
Monitoring site compliance
The methods which need to be used to monitor the site for compliance in this area include
entails using a safety and health assessment programs, reviewing activities to identify potential risks,
investigation of incidences as they occur, frequent and regular inspection of equipment to check out
on safety matters, correction of dangerous equipment and training of staff of safety issues.
Licensing and registration of construction companies in Victoria_2
The key site safety signage which must be erected and visible at all times at the site include:
a. Prohibition and fire signage
b. Mandatory signage
c. Caution signage
d. Safe condition signage
Standards
a. development and adoption standards of international standards
3. Codes, Acts, Regulations, and Standards specific
The codes, acts, regulations and standards that should be adhered to by Sullivan in the
construction of a 3 story building include the following(Ayers, 2013, pp. 542-567):
a. Building Act of 1975
b. Building code of Australia
c. National Construction Code volume one
d. Plumbing and Drainage Code of Australia
e. Codes of practice
f. Scaffolding Code of Practice
4. Building and Construction Obligations
Contract type: Sullivon can go for the Australian Building industry contract because this is a
big contract (Bailey, 2011, pp.35).
Key obligations
Sullivon
As the construction company, Sullivon has the following obligations towards the project:
a. Plan for the entire project
b. Manage risks appropriately
c. Manage budgets
d. Distribute resources available for the project
Licensing and registration of construction companies in Victoria_3
e. Manage communication with the staff and key parties to the project
f. Supervise the work of the sub-contractors hired.
Contractors
a. Project planning
b. Project management
c. Project tracking
Client
The client has the following obligations after the contract has been signed by both parties (Bailey,
2011, pp.35):
a. Make sure that appropriate management arrangements for the project have been made.
b. Select and appoint a qualified designer.
c. Select and appoint the principal contractor for the project.
d. Provide basic information necessary for construction.
e. Manage the procurement process
f. Initiate the project and see it running.
g. Decide what is to be constructed.
Conditions the contract must meet
The construction contracts signed by the parties concerned in this case has to meet some key and
essential conditions so that it can be applied effectively. Mandatory or even limited prohibition in the
contraction process includes the scope of work to be done by the company, the payment plan after the
work has been done, security requirements, indemnity and provisions about dispute resolution,
management of damages and relief if it is available. The scope of work will provide a detailed
explanation of work that needs to be done while security requirements will outline safety measures
that have to be undertaken or what should be done to ensure that there is security at the construction
site(Randle, 2016, pp. 138-149). The payment plan will explain how the payment will be done in
terms of amount and periods when everything has to be settled.
5. Industrial Relation Policies
As a sub-contractor one should work without or with minimal supervision. A contractor will
hire a subcontractor who will play a crucial role in the completion of a certain aspect of the project
Licensing and registration of construction companies in Victoria_4
like electrical fittings, plumbing or bricklaying. When a subcontractor is hired they are responsible for
the work assigned to them by the contractor. A subcontractor agreement should contain all duties,
liabilities, and responsibilities of the subcontractor. In case some conditions should guide the
relationship between the contractor and the sub-contractor then they should be outlined in this
agreement.
Different awards can be given to industry contractors which include mega projects,
commercial and community service. The megaproject is a reward given to a project whose value is
more than $100 million. The commercial awards include the award for office buildings and any other
structure whose value is not large and community service entail an award for philanthropic projects.
6. Insurance Requirements
The following are the insurance requirements which should be met by Sullivon Company by an
insurance company like Allianz Australia Insurance Limited are(Khalfan, 2015, pp. 940-947):
a. Domestic building insurance
b. Professional indemnity insurance with the following classes
i. Building surveyor which can be limited or unlimited
ii. Building inspector which can be limited or unlimited
iii. Quantity surveyor
iv. Engineer
v. draftsman
c. Public insurance
7. Fair trading and common law principles
In Victoria State, fair trading and common law principle agitate for fair contracts which must be clear
and compensation for employees has to be fair according to the tasks they undertake. A receipt must
be provided for payments above $50 or when an individual asks for such a receipt. The refund policy
for any given company should be clear and there will be no unfair market practices by Sullivon. When
adverts are designed, a description of products should be true and there should be no unsociable
behavior from the company or any other person representing the company. A better part of these laws
and regulations applies to Sullivon.
8. Payroll system
Licensing and registration of construction companies in Victoria_5
There are legislative requirements which have to be followed in the setup and administration
of a payroll system(Kitsakis, 2019, pp. 85) and they include:
a. The system should run alongside ATO’s requirements
b. Be able to apply tax correctly based on awards of employees
c. The system should be able to specific payroll periods for employees
d. Generate a report of wages to the taxation department
e. Management of fair work system for appropriate remuneration
All these legal requirements can be met by making sure that Sullivon has selected the right payroll
system with the ability and capability to meet all the requirements as stipulated in the legal
requirements.
1. Provide a list of the current legislative requirements which need to be followed when setting
up and administering a payroll system to ensure compliance, and in particular, what needs to
be implemented to meet GST legislation and reporting. Also, briefly outline (maximum 100
words) how you could ensure the Sullivon Constructions payroll system meets these
requirements.
PART B: WORKIN WITH OTHERS
Task 1: workplace agreements
A workplace agreement is a written document that contains terms and conditions upon which
an individual has been employed. This is an agreement between an employer and an employee to vary
the terms of employment and the terms reached in such an agreement tenant agreement tent to guide
and govern the employment. There are three types of workplace agreements namely single enterprise
agreement, multiple enterprise agreements and the Greenfields agreement (Lamond, 2013, pp. 247).
A single enterprise agreement is that which can be created between two or more employers
just provided they have a common interest. The fact that their interest in a given venture is common
then it makes it be a single enterprise agreement. If in case the employers decide to enter into a joint
venture even though they are running different companies then such an agreement will be regarded as
a single enterprise agreement. These employees can come together for negotiations on the terms upon
which a collection of their employees will be treated and an agreement is reached.
A multi-enterprise agreement is that agreement reached by two or more employers and their
employees on the terms and conditions of employment (Mannakkara, 2014, pp. 267-290). The
difference between a single enterprise agreement and a multi-enterprise agreement is that in the multi-
Licensing and registration of construction companies in Victoria_6

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