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The adjudicator’s determination is binding on the parties, until the time of a court judgement or arbitration award is made concerning the matter arising under the contract. If neither party initiates court or arbitration proceedings the determination will remain binding. If the determination...
Subcontractors guide to payment disputes
Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination. If you wish to withdraw the application and cease adjudication, the Act requires that you serve a notice to withdraw on both the adjudicator and the respondent. Where...
Subcontractors guide to payment disputes
Once the adjudicator has received the application and the response the adjudicator has 10 business days to assess the dispute and make a determination. If no response is provided, then the adjudicator has 10 business days from when a response would have been due. The adjudicator must decide to...
Subcontractors guide to payment disputes
Once an application for adjudication has been properly served, the first step will be for the appointor to appoint an adjudicator to determine your dispute. Under the Act, the appointor must appoint an adjudicator within five business days after receiving the application and notify all parties in...
Subcontractors guide to payment disputes
Adjudication is a quick, cost effective alternative to going to court or arbitration. While there are specific rules that must be followed, you don’t need to be a legal expert. An application for adjudication is either made to a nominated adjudicator, or to a prescribed appointor. An application...
Subcontractors guide to payment disputes
Once you have submitted a payment claim, one of three things can occur. Either the head contractor (or principal) pays the claim; notifies you they reject or dispute the claim (e.g. by issuing a payment certificate for only part or all of the amount claimed); or fails to pay the claim within the...
Subcontractors guide to payment disputes
The first step in the process, if you have not already done so, is to make a claim for payment under your contract. Most written contracts contain provisions detailing how and when claims for progress payment, final payment or return of security are made, and how the head contractor (or principal)...
Subcontractors guide to payment disputes
The Act applies to all contracts for the carrying out of construction work in Western Australia entered into after 1 January 2005. Construction work is defined in the Act to include the carrying out of most trade work, or supply of goods and services, typically associated with building and...
Subcontractors guide to payment disputes
For anyone working in the construction industry, the Act provides a number of very important protections to ensure fair conduct and cash flow. The Act: Provides that contracts with payment on terms greater than 50 days shall be read as requiring payment within 50 days (be aware that from 3 April...
Subcontractors guide to payment disputes
You have carried out work on a construction project and have not been paid, or the client has refused to pay you the full amount owed. What do you do? It is important to understand that your right to be paid comes from your contract and you need to follow the payment process set out in your...
Subcontractors guide to payment disputes

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Publications

Wageline's employee or subcontractor fact sheet provides a publication format version of the information on the Employee or subcontractor page of this website for ease of printing.
Labour Relations
Fact sheet
07 Aug 2017
At the time the model Work Health and Safety (WHS) Regulations were developed a national Regulation Impact Statement (RIS) was developed by Safe Work Australia. An examination of that RIS showed that...
WorkSafe
Information
12 Jul 2017
WorkSafe WA Commissioner Lex McCulloch today (16/12/2015) provided information on the current status of the consultation process and development of the Work Health and safety (WHS) laws. “In August...
WorkSafe
Information
12 Jul 2017
EnergySafety and WorkSafe are calling for public comment on proposals to amend the Occupational Safety and Health Regulations 1996 and the Electricity (Licensing) Regulations 1991 to prohibit work on...
WorkSafe
Information
12 Jul 2017
On 16 December 2015, Mr Lex McCulloch the WorkSafe Western Australia Commissioner announced the Department of Commerce – WorkSafe Division (WorkSafe) would be undertaking a review of the model Work...
WorkSafe
Information
12 Jul 2017
The public comment period for the Work Health and Safety Regulations for Western Australia Discussion paper ended on 31 August 2016. The Department of Commerce – WorkSafe Division (WorkSafe) is...
WorkSafe
Information
12 Jul 2017
Conciliation is a process whereby parties, with the help of a conciliator, meet to identify issues, develop solutions to the problem and explore ways to reach an agreement. This publication is a...
Building Commission
Information
12 Jul 2017
2017 Safety alert 01/2017 - Raw asbestos found in empty sea containers 2016 Safety alert 01/2016 - Concrete pumping operations in the construction industry - a risk management approach Safety alert...
WorkSafe
Alert
12 Jul 2017
Hot work includes activities such as grinding, welding, thermal or oxygen cutting or heating, and other related heat or spark producing operations. Undertaking hot work in an area where flammable...
WorkSafe
Fact sheet
16 Jun 2017
WorkSafe is seeing ongoing non-compliance with wall chasing work, such as: Use of petrol powered saws without local exhaust ventilation (LEV) on-tool, exposing workers to toxic carbon monoxide;...
WorkSafe
Bulletin
13 Jun 2017

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Announcements

Asbestos Awareness Week 2017 runs from 27 November - 1 December 2017. Please take this opportunity to ensure your workplace asbestos management systems are up to date, and that workers are aware of these systems. And remember – buildings built before 1990 are likely to contain materials with asbestos content. Follow the links for more information: Checklist for asbestos management Asbestos FAQ...
WorkSafe
Event
24 Nov 2017
A Greenwood medical practitioner has been fined $6280 (and ordered to pay costs of $1067) for failing to comply with a court order to supply an employee's records to an industrial inspector. Dr Patrick Allan Nugawela was found guilty of failing to comply with an order of the Industrial Magistrate's Court to produce records to an industrial inspector, and was fined in the Industrial Magistrate's...
Labour Relations
Media release
16 Nov 2017
Over the festive season Wageline's opening hours will be: Monday 25 December Closed Tuesday 26 December Closed Wednesday 27 December 10am - 4.30pm Thursday 28 December 8.30am - 4.30pm Friday 29 December 8.30am - 4.30pm Monday 1 January Closed Tuesday 2 January 8.30am - 4.30pm Call Wageline on 1300 655 2666. Wageline deals with queries about: pay rates, leave entitlements and other employment...
Labour Relations
Department News
20 Dec 2017
It's that time of year where people are getting their last minute Christmas shopping done and most businesses are preparing to wind down for the holiday period. Though it is a time for employers and employees to switch off and take a break, it is important to understand your employment obligations over the festive holiday period. This season's public holidays are: Christmas Day, Monday 25...
Labour Relations
Department News
18 Dec 2017
The Christmas/ New Year period is rapidly approaching and it is important to understand public holiday obligations for the festive season. This season's public holidays are: Christmas Day, Monday 25 December 2017 Boxing Day, Tuesday 26 December 2017 New Year's Day, Monday 1 January 2018 Employers and employees should be aware of their employment obligations on these public holidays. The Christmas...
Labour Relations
Department News
15 Nov 2017
The Wageline Newsletter December edition was sent last week to approximately 10,000 subscribers, and has been published on the Wageline website. This edition features information about the upcoming Christmas / New Year public holidays and what employers need to know about their employment obligations over this period, as well as a range of other critical information for state system employers...
Labour Relations
Department News
11 Dec 2017
The festive season has arrived! In preparation for the Christmas/ New Year period many businesses often employ extra staff as Christmas casuals to manage the increase in retail trading hours and customers over this time. Employers need to be aware of their obligations when hiring employees in this type of employment arrangement. A casual employee is someone who works irregular hours each week...
Labour Relations
Department News
11 Dec 2017
WorkSafe has begun a proactive inspection program looking at safety issues with workers in WA’s parks and gardens. The inspection program will involve inspectors visiting parks and gardens in Perth and regional areas of the State throughout the remainder of the 2017/18 financial year. WorkSafe Acting Director Sally North said today the inspection program had been prompted by the high number of...
WorkSafe
Media release
13 Nov 2017
A proactive inspection program undertaken by WorkSafe has revealed some areas of concerns with workplace safety in the accommodation sector. The inspection program was conducted throughout the 2016/17 financial year in Perth and regional areas of the State, focusing on smaller accommodation workplaces such as motels, caravan parks, lodges, chalets and bed and breakfasts. WorkSafe Director Sally...
WorkSafe
Media release
03 Nov 2017
WA’s harvest season has begun, and brings with it a reminder from WorkSafe to ensure all safety measures are taken. WorkSafe WA Commissioner Lex McCulloch said today the agriculture sector did not have a good record when it came to workplace safety. “WA’s agriculture, forestry and fishing industry has one of the highest rates of work-related injury of all industries,” Mr McCulloch said. “The...
WorkSafe
Media release
27 Oct 2017

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