6 August 2021
New essential worker statement template + how to deal contractually with delays + our most commonly asked questions.
Essential worker statement
We’ve developed a template letter that you can use for your workers who need to attend the workplace or site for essential work purposes. Simply add to your company letterhead, fill in the necessary details and supply to your workers to have with them to demonstrate their need to travel.
Dealing contractually with delays
If the latest lockdown has caused you to reschedule or delay work, you can manage these issues where possible via your contracts. You may be able to submit an Extension of Time to the Date for Practical Completion within the timeframe noted in your contract – for domestic building contracts, this is usually within 10 business days of you becoming aware of the cause and extent of the delay. You should also keep everything in writing and most important of all, keep in regular contact with your client and get them up-to-speed on what’s happening.
You can read more about dealing contractually with delays on our website.
Our Members Legal team is on hand to provide contractual advice if you need it. Call us on 1300 30 50 10.
Your questions answered
Our most common questions yesterday were regarding what is considered essential work. The restrictions aren’t always black and white and are definitely open to interpretation, so here are some of the questions we fielded and our answers. Please bear in mind that every situation is different and if you’re not sure, you can give our team a call to discuss on 1300 30 50 10. While you'll need to make the decision that is right for your business, we can talk it through with you and help you determine the best course of action.
Q: I’m doing external work on an occupied residence, can this continue?
A: The restriction doesn’t dictate that certain trades are in or out or that external work on occupied residences is automatically out. It states that if the residence is occupied and you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue.
For example, if you are about to put a roof on an external carport or deck on an occupied home, and not doing so may result in damage to works already in place – work can continue. If you are building a pool and works need to continue to ensure there is no danger to the residents – work can continue.
Q: Is all residential construction closed?
A: No, there is no blanket closure of residential construction.
Q: The home is occupied; can I tell the residents to go out while I work?
A: This approach is probably not in the spirit of the restrictions and the home owners would then potentially be in breach of the ‘stay at home’ directive they’ve been given.
However, if the work is considered essential, regardless of if the homeowners are at home – i.e. if you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue.
Q: I’m doing work on an unoccupied unit, but the building is occupied, can this work continue?
A: Yes, if you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue. You should minimise any contact with other residents as much as possible and check in with any relevant body corporates.
Q: Is roofing work essential?
A: The restriction doesn’t dictate that certain trades are in or out. If the home is unoccupied work can absolutely continue. If occupied and you either need to start the job or if you are at a point in the job where you need to continue work to ensure the premises are safe, accessible, secure and functional, work can continue. Talk with your builder or client – putting on or finishing a roof is likely to be considered essential for making the home secure and ensuring no damage to the home moving forward from inclement weather.
Q: Can work on new home builds continue?
A: Yes, there is no restrictions on new home builds – but you must follow the rules around mask wearing and other rules.
Q: What is considered essential?
A: While the restriction notice indicates examples of work that are considered essential, it also states that essential work is anything that needs to continue to ensure the premises are safe, accessible, secure and functional, work can continue. Individual businesses should work with their clients to work out the best course of action for their specific project. This definition is obviously quite broad – but if you have a reasonable reason why your work is essential that you can explain to authorities, work can continue.
Q: What does safe, accessible, secure and functional mean?
A: Queensland Health and the DEPW have advised that individual contractors need to assess their own situation and determine this. However, if there is going to be any kind of negative impact on the project moving forward (for example damage to the home itself) or there are safety and accessibility concerns, you should go ahead. Ensuring a home is functional refers to amenities such as kitchens, bathrooms and laundries – amenities an owner requires for the home to be functional to live in. Be sure to talk with your clients to ensure you are on the same page and agree with the work going ahead.
Q: What is Master Builders doing to be the voice of the industry?
A: Throughout the COVID pandemic we have been non-stop lobbying on behalf of the industry, and we’ve had lots of success in demonstrating why it’s essential for us to remain open and how capable we are of putting in place COVID-safe practices and complying with restrictions – it’s this compliance that is presently keeping us open.
Following the tightening of restrictions this week relating to occupied homes – which is the first time this has happened during the pandemic – our team have again been working with government to see what can be done and if anything is relaxed, we will definitely be rushing to let members know about it.
Read the full list of restrictions and the essential work definition on the Queensland government website.
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