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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination.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
This guide is intended to help you understand how to resolve contractual payment disputes using the Construction Contracts Act 2004 (the Act) and outlines the process for parties undertaking rapid adjudication and the rights and obligations of parties to contracts for building and construction work...
Subcontractors guide to payment disputes

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Publications

This guidance note applies to all workplaces in Western Australia covered by the OSH Act. It provides guidance for employers and workers on minimising the exposure to underground asset strikes and...
WorkSafe
Guidance note
20 Dec 2016
In recent years, two people have died as a result of crush injuries from falling trailer ramps. The trailer ramps were operated by a sealed hydraulic system. In both incidents, the ramps had earlier...
WorkSafe
Alert
25 Nov 2016
This form is to be used as part of the process of making a complaint to Wageline at the Department of Commerce about alleged underpayment of a long service leave entitlement by an employer. Details...
Labour Relations
Form – application
30 Nov 2016
This form is to be used as part of the process of making a complaint to Wageline at the Department of Commerce about alleged underpayment of wages by an employer. Details of how to use this form are...
Labour Relations
Form – application
29 Nov 2016
An employee was fatally injured when the wooden box he was standing in overbalanced and fell on top of him. The employee had been using the box balanced on the tines of a forklift and raised to a...
WorkSafe
Alert
10 Nov 2016
A person engaged to assist with the day-to-day activities at a septic liquid waste pond facility drowned when he slipped into one of the ponds. On the day of the incident the person was required to...
WorkSafe
Alert
10 Nov 2016
Recently construction workers were exposed to asbestos whilst carrying out renovation work on a multi-storey building. A worker was using an electrical jackhammer to remove old waste pipes from a...
WorkSafe
Alert
07 Nov 2016
These six templates are designed to help small business employers meet their legal obligations for time and record keeping and keep accurate employee leave records. A payslip template is also...
Labour Relations
Template
08 Nov 2016
High Risk Work Licences are not intended to provide employers with an indication of the depth and breadth of experience the candidate has in application of the skill in the workplace. Employers have the duty to provide information, instruction and training to, and supervision of, employees to enable the employees to perform their work in such a manner that they are not exposed to hazards.
WorkSafe
Bulletin
17 Oct 2016
This occupational safety and health (OSH) newsletter has been developed to provide information and assistance to employers, self-employed persons, persons having control of workplaces and employees...
WorkSafe
Checklist
22 Nov 2016

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Announcements

The Wageline Newsletter provides employment information direct to your inbox and helps employers stay informed about critical issues employers need to know to comply with state employment law. The Newsletter will also update you on increases to the state minimum wage, WA award rates of pay and other changes to key WA awards. To subscribe to the Wageline Newsletter visit the Wageline Newsletter...
Labour Relations
Department News
07 Feb 2017
An employee of an Attadale car dealership has been fined $9500.00 (and ordered to pay $12,052.75 in costs) over the death of a fellow worker at the dealership in 2013. Leslie Taylor was found guilty of failing to take reasonable care not to adversely affect another person and, by that failure, causing the death of that person, and was fined in the Fremantle Magistrates Court today. Mr Taylor was...
WorkSafe
Media release
25 Jan 2017
WorkSafe will soon begin a proactive inspection program to look at safety and health issues in airport operations and other support services to air transport. The areas being looked at as part of the program include baggage handling, airport terminal operations, aircraft support services, air passenger transport services and air freight transport services. WorkSafe A/Director Sally North said...
WorkSafe
Media release
20 Jan 2017
Wageline receives a number of calls each year about employees cashing out their annual leave or long service leave. It is important as an employer to be aware of the circumstances in which leave can be cashed out and the conditions that need to be met before an employee can cash out their leave. The Annual leave page details when cashing out annual leave is possible . The Long service leave page...
Labour Relations
Department News
18 Jan 2017
A Welshpool tyre recycling company has been fined $80,000 (and ordered to pay $2013.00 in costs) over an incident in which a worker’s fingers were amputated by a tyre shredder. Elan Energy Management Pty Ltd pleaded guilty to failing to provide and maintain a safe workplace and, by that failure, causing serious harm to an employee and was fined in the Perth Magistrates Court on Monday. In...
WorkSafe
Media release
18 Jan 2017
Currently the Department of Commerce is undertaking a proactive compliance campaign for fruit and vegetable growers in regional Western Australia. This means that selected growers are being required to provide time and wages records to the Department as evidence that correct wages are being paid to employees. Employers in the state industrial relations system are legally required to maintain time...
Labour Relations
Department News
23 Jan 2017
WorkSafe will soon begin a proactive inspection program to look at safety issues in warehouses. The inspection program will involve inspectors visiting warehousing premises of all sizes in Perth and regional areas of the State throughout the remainder of the 2016/17 financial year. The program will focus on premises including bond stores (secure storage facilities), refrigerated storage, wool...
WorkSafe
Media release
11 Jan 2017
WorkSafe has urged workers – particularly those who work outside on a regular basis – to take care to avoid the risk of skin cancer. WorkSafe WA Acting Commissioner Andrea Crichton-Browne said today all precautions should be taken by workers who cannot avoid exposure to the sun in the course of their work. “Australia has one of the highest rates of skin cancer in the world, and at least two in...
WorkSafe
Media release
21 Dec 2016
WorkSafe has issued a warning on guarding against the effects of extreme temperatures in work environments during the summer months. WorkSafe WA Commissioner Lex McCulloch today reminded employers and workers of the need to take extra care during the summer months to avoid the risk of heat stress or the more serious heat stroke. “Both working outside in heatwave conditions and exposure to...
WorkSafe
Media release
16 Dec 2016
Wageline is regularly asked about the key differences between subcontractors and employees. If a person is engaged as a subcontractor but is legally considered an employee, the person could potentially be owed unpaid entitlements. The Employee or Subcontractor page has information on the differences between an employee and a subcontractor including an Employee or Subcontractor Checklist which is...
Labour Relations
Department News
10 Jan 2017

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