Industry Advisory Group – Security of Payment Reform

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Overview

On 23 February 2018, the Minister for Commerce and Industrial Relations announced the creation of an Industry Advisory Group (IAG) on security of payment reform in the building and construction industry.  

The purpose of the IAG is to facilitate early consultation with peak industry bodies and State Government agencies on industry-wide law reforms to improve security of payment and fairness in the industry.

Sixteen peak industry bodies and six State Government agencies have been invited to join the IAG. They include:

  • Master Builders Association of Western Australia
  • Housing Industry Association of Western Australia
  • Australian Institute of Building
  • Construction Contractors Association of Western Australian Inc.
  • Property Council of Australia (WA)
  • Civil Contractors Federation (WA)
  • Subcontractors WA Inc.
  • Master Plumbers & Gasfitters Association of Western Australia
  • Master Painters & Decorators Australia (WA)
  • National Electrical and Communications Association WA
  • Master Electricians Australia (WA)
  • Air Conditioning & Mechanical Contractors’ Association (WA)
  • Law Society of Western Australia
  • Resolution Institute WA Chapter
  • Construction Forestry Mining and Energy Union (WA)
  • Electrical Trades Union WA
  • Department of Finance Building Management and Works Division
  • Small Business Development Corporation
  • Public Transport Authority
  • Main Roads WA
  • Department of Mines, Industry Regulation and Safety – Building and Energy Division  

Media statement

The Minister for Commerce and Industrial Relations issued a media statement on 23 February 2018 which is available on the WA Government media statements website.

Update to the Terms of reference

Following the release of the Commonwealth Government’s review of security of payment laws, the Minister for Commerce and Industrial Relations approved an amendment to the IAG’s Terms of Reference to include consideration of the recommendations from the review.

Download a copy of the amendment to the Terms of reference.

Terms of reference Click here to download the document

About the IAG

To facilitate consultation, a series of formal workshops are being held throughout the year with members of the IAG. The formal workshops are being chaired by Mr John Fiocco who will be assisted by the Hon. Matthew Swinbourn MLC.

Later in the year, Mr Fiocco and Mr Swinbourn will provide an independent report to the Minister addressing and making recommendations on the Terms of Reference.

Mr John Fiocco (Chair)

Mr Fiocco is an experienced and well respected local barrister who was admitted to the Supreme Court of Western Australia and the High Court of Australian in 1973.
Mr Fiocco holds a Bachelor of Laws from the University of Western Australia (1972) and Master of Laws from the University of Virginia (1977).

Mr Fiocco is currently based at Fourth Floor Chambers and his areas of practice and teaching include bankruptcy and insolvency law, commercial law and contract law. Mr Fiocco is currently an Associate Professor (Adjunct) at the University of Western Australia Law School. 

In 2005, Mr Fiocco was a consultant on the Magistrate’s Court Reform Project, and in 1999 was a consultant on the Law Reform Commission of Western Australia, Review of Criminal and Civil Justice System.

Mr Fiocco is the Co-Author of Civil Procedure in Western Australia: A Practice Manual and Workers’ Compensation Western Australia. Since 1979, Mr Fiocco has also authored a number of published articles and papers in areas of commercial and general law.

In 2010, Mr Fiocco was elected a Life Member of the Law Society of Western Australia, and in 2015 was awarded Lawyer of the Year. 

Hon Matthew Swinbourn MLC (Assistant Chair)

Mr Swinbourn was elected to the WA Legislative Council as the member for the East Metropolitan region at the March 2017 State election. Mr Swinbourn is the Chair of the Standing Committee on Environment and Public Affairs and a member of the Select Committee on Elder Abuse.

Before being elected, Mr Swinbourn was a Senior Industrial Officer and lawyer with the Construction Forestry Mining and Energy Union – WA Branch (2012-2017) and prior to this he was a Senior Industrial Officer at Health Services Union (2010-2012). Mr Swinbourn was also a sessional lecturer in Employment Relations at Notre Dame University (2013-2017).

Mr Swinbourn holds a Bachelor of Arts and Bachelor of Laws from the University of Western Australia and was admitted to the Supreme Court of Western Australia in 2014.   

Contact

If you require any information regarding the IAG please contact SoPReform@dmirs.wa.gov.au

Submissions

Stakeholders provided information to this inquiry through written submissions as well as verbally at workshops and private meetings. The written submissions therefore  represent only a part of the feedback received.

Industry Advisory Group – Workshop 1

On 26 March 2018, the first formal Industry Advisory Group workshop was held to discuss the proposals set out in Discussion paper 1.

Industry Advisory Group Discussion paper 1 Click here to download the document

14 written submissions were received from Industry Advisory Group members following the first formal workshop.

Industry Advisory Group – Workshop 2

On 7 May 2018, the second formal Industry Advisory Group workshop was held to discuss the proposals set out in Discussion paper 2.

Industry Advisory Group Discussion paper 2 Click here to download the document

11 written submissions were received from Industry Advisory Group members following the second formal workshop.  Three written submissions were also received from other organisations invited to make comment, including the Australian Institute of Quantity Surveyors, Society of Construction Law Australia (WA Chapter) and the Building Services Board. 

Industry Advisory Group – Workshops 3 and 4

On 9 July 2018 and 6 August 2018, the third and fourth formal Industry Advisory Group workshops were held to discuss the proposals set out in Discussion papers 3 and 4.

Industry Advisory Group Discussion paper 3Click here to download the document

Industry Advisory Group Discussion paper 4Click here to download the document

The following 16 submissions were received:

Final report

On 31 October 2018, the independent Final Report prepared by the Chair, Mr John Fiocco, was provided to the State Government.

The State Government is now considering the recommendations in the Final Report and further announcements will be made shortly.

Media statement

The Minister for Commerce and Industrial Relations issued a media statement on 11 December 2018 which is available on the WA Government media statements website.

Final Report – Security of Payment Reform in the WA Building and Construction Industry Click here to download the document

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