King & Wood Mallesons

Asia-Pacific 100 position: 2

Federal Court undermines Victorian government building industry intervention with decision likely to affect NSW and QLD

The Federal Court has declared that Lend Lease and other contractors do not need to change existing enterprise agreements, or specially craft new ones, in order to win Victorian government projects. However, the Victorian Code of Practice for the Building and Construction Industry and associated Implementation Guidelines still operate and contractors will need to comply with other aspects.

Last Friday Justice Bromberg held that the Victorian Government breached the Fair Work Act 2009 (Cth) (FW Act) when it advised it would not provide work to contractors with enterprise agreements deemed non-compliant with the Guidelines. This decision will reverberate not only in Victoria, but also in NSW and QLD, where introduction of similar Guidelines is currently proposed. We explore the background to the decision and what it means for employers in the building industry…

If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Level 61, Governor Phillip Tower
1 Farrer Place
NSW 2000

Jurisdiction: PRC/Australia
No. of offices: 19
No. of qualified lawyers: 1,634