Construction Industry

EXPERT OPINION

Some good news for the property construction industry &ndash; urgent meetings with the most senior officials from Treasury, Infrastructure NSW, the Department of Planning and the Department of Premier and Cabinet have seen the first big steps towards correcting the construction industry closedown travesty. 
&nbsp; 
Each of the Peak industry representative has been involved and it is clear that the NSW Treasurer is keen to get things back on track. &nbsp;Hearing today that the Premier is also expecting to see the construction industry back into operation on July 31 is great news. 
&nbsp; 
Urban Taskforce has called for the government to follow some basic steps to avoid the mayhem that followed Saturday&rsquo;s knee-jerk closedown decision (which we now know was not recommended by Health officials): 
&nbsp; 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Set a firm plan for re-opening 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Give plenty of notice (this week if possible) 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Consider staged opening as early as next week (the Victorians called this a &ldquo;pilot light operation starting with 25% of the workforce on-site) 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Give health sector, cabinet and community confidence that what is being done is safe 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Ensure effective communication and plans for all sectors of the construction industry including all communities within the workforce 
&nbsp; 
It is great to see that the government is now preparing an overarching plan to progress towards a full re-opening of the construction industry by 31 July. Industry made clear that we would very much welcome any requirements for the re-opening of sites to be made available to us ASAP and be locked in.

[smartcode_project:default project_id=32227 project_image_fid=93950] 
&nbsp; 
Urban Taskforce stresses that the construction sector is not a &ldquo;tap&rdquo; which you can turn on and off at a whim.&nbsp; 
&nbsp; 
An early, staged opening would allow for: 
&nbsp; 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Site preparation 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Site safety and security associated with re-start 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Delivery of supplies (logistics firms, plant and equipment and material suppliers would all need to be brought into the loop here) 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; Establishment of all new COVID safety measures including signs and site protocols 
&middot; &nbsp; &nbsp; &nbsp; &nbsp; On large infrastructure sites, PCR Covid testing for construction workers may be recommended for a once in 7 day test &ndash; pending health advice on the need and the capacity of the health system to cope (given the need for community and priority workforce testing) 
&nbsp; 
The government is considering the opening all construction industry sectors simultaneously. &nbsp;This is common sense and welcome. A staged set of opening requirements which are &ldquo;fit for purpose&rdquo; are being developed. 
&nbsp; 
Urban Taskforce remains concerned that some in the government appear to miss-understand the reason for the closedown. &nbsp;It was a clumsy effort to limit the mobility of people around the city &ndash; with zero reference to actual worksites being locations where COVID-19 has been transmitted or passed on. 
&nbsp; 
Government officials have acknowledged that construction sites are actually NOT a problem in relation to spreading COVID. This is backed up by the Health Exposure Web-site. 
&nbsp; 
The existing strict COVID-19 safety protocols that have served the construction industry so well to date will be strengthened and additional compliance measures will be applied.

[smartcode_project:default project_id=7317 project_image_fid=79239] 
&nbsp; 
The NSW government has responded to the community and industry backlash and is now listening to all the right people. &nbsp; We will continue to work with government to develop a balanced proposal for the re-opening of the industry. These measures will then be considered by Cabinet, in context and without panic.

Tom Forrest is CEO of the Urban Taskforce Australia is a property development industry group, representing Australia&rsquo;s most prominent property developers and equity financiers

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Urban Taskforce welcomes moves to re-open construction industry

Homophobia, bullying and harassment continues in the construction industry despite improving attitudes towards LGBTQ+ employees, according to new research from the Australian Human Rights Institute at UNSW released Tuesday.

The report, which looked into the experiences of LGBTQ+ people working in construction and the effectiveness of current diversity and inclusion strategies, was undertaken in conjunction with InterBuild&rsquo;s People Engagement working group and sponsored by the Lendlease Foundation.

Researchers Dr Natalie Galea and Dr Melissa Jardine found that while LGBTQ+ inclusion has improved, there is a &ldquo;significant variation across the industry&rdquo; and many people still don&rsquo;t feel safe bringing their authentic selves to work.

<img alt="" height="667" src="https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/pictures/article-images/shutterstock_1396952330.jpg" width="1000" />

Participants in the study ranged from tradespeople to senior executives of multinational companies, and gave detailed accounts about coming out at work, the experience of transitioning gender in the workplace, and the effectiveness of existing diversity and inclusion strategies.

Another study published by <a href="https://www.pwc.com.au/publications/pdf/pwc-workplace-inclusion-report-sep17.pdf" target="_blank">PwC&rsquo;s GLEE team</a> showed that homophobia was more present within the construction industry than on average.

75 per cent of respondents from the construction sector, Australia&rsquo;s most male-dominated industry and the third-largest national employer, indicated&nbsp;they had observed homophobia, compared to 56 per cent in other sectors.&nbsp;

[smartcode_project:default project_id=3459 project_image_fid=147569]

Lead author of the UNSW report Dr Galea said that while most participants felt there was a positive trajectory in workplace attitudes, many noted the sector was coming off a very low base.

&ldquo;The research found it was particularly challenging for those in junior positions, apprentices and FIFO workers to navigate the construction sector as an LGBTQ+ worker due to a lack of power and a desire to &lsquo;fit in&rsquo; to avoid anticipated negative responses,&rdquo; Dr Galea said.

One of the participants, who is in their 40s and identifies as queer, said: &ldquo;I&rsquo;m going to wait until I finish my apprenticeship and get a permanent position [before being more open about my identity] even though my role is considered permanent... I feel like I need people to see that I do a good job and I&rsquo;m an okay person.&rdquo;

<img alt="" height="423" src="https://s3-ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/pictures/article-images/lgbtq_construction_thumb_0.jpeg" width="740" />

Co-author Dr Jardine said the research found that industry leaders often lacked awareness of inclusive LGBT+ practices and in some cases failed to act on homophobic or discriminatory behaviours.

&ldquo;Despite many examples of good leadership, participants expressed frustration that some leaders turned a blind eye and failed to act or challenge homophobic behaviour and attitudes, especially from &lsquo;old school&rsquo; men,&rdquo; Dr Jardine said.

The report, which included recommendations for government and businesses, noted that this&nbsp;risks entrenching current behaviours and may lead to the loss of new talent.

Other recommendations to recalibrate industry behaviours and value the engagement of all workers included sexism, homophobia and transphobia education, publicly available inclusion policies, and a mental health service for LGBTQ+ tradies with qualified counsellors who understand the construction sector.

The full report, titled Building an LGBTQ+ inclusive workplace: A blueprint for Australia&rsquo;s construction industry is available to read <a href="https://www.humanrights.unsw.edu.au/research/lgbtq-workers-australian-construction-sector" target="_blank">here</a>.

Australian Human Rights Institute at UNSW released a new report, 'Building an LGBTQ+ inclusive workplace: A blueprint for Australia’s construction industry', on Tuesday

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New UNSW research reveals barriers to LGBTQ+ inclusion in the construction industry

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As part of its ongoing work to curb illegal phoenix activity, ASIC has completed a proactive surveillance program that monitored the integrity of the payment systems in the Australian building and construction industry.
The surveillance program, carried out during the 2014/15 financial year, targeted eight large commercial construction projects across New South Wales, Victoria and Qld. ASIC checked the payment processes and systems of 40 individual building and construction companies (contractors) working on those projects.
The campaign identified concerns about the conduct of some companies within the building and construction sector, which may be falsifying statutory declarations when claiming payment from principal contractors for work undertaken. 
The focus of ASIC’s surveillance centred on:
(a) principal contractors requiring contractors to provide statutory declarations to confirm that the contractors have paid all amounts owing to employees and secondary contractors, before principal contractors pay invoice issued by the contractor; and
(b) contractors signing statutory declarations and providing it to principal contractors, in circumstances where it appears that contractors may not have paid all secondary subcontractors at the date of swearing the statutory declarations.    
As a result of surveillance campaign, ASIC found that two contractors may have provided principal contractors statutory declarations that falsely claimed that secondary contractors had been paid at the time of signing the statutory declarations.  ASIC also found that once the contractors had received payment from the head contractors, they subsequently paid all secondary contractors the amounts owing. 
Both contractors were issued warning letters about their conduct and advised to review their internal compliance systems and processes. 
ASIC has also identified a further two matters, outside of this surveillance program, where contractors have been engaged by a number of local councils and who have allegedly provided false statutory declarations where it appears that subcontractors had not been paid at the date that the statutory declarations were signed.  ASIC is investigating that matter. 
ASIC Commissioner Greg Tanzer said, 'While this conduct may benefit contractors by improving their cash flow, the flow-on effect is likely to cause significant detriment to other operators in the supply chain, such as other businesses engaged to work on these projects, in particular secondary contractors. Secondary contractors are often small business operators engaged by contractors to complete building works.  The viability of their businesses is often dependant on being paid by contractors in a timely manner.  They usually are not in a position to carry cash flow risk imposed upon them by contractors. 
'This practice by contractors, in addition to being an offence, can cause secondary subcontractors to suffer cash flow problems and experience financial distress, placing them at risk of insolvency', Mr Tanzer added. 
ASIC encourages anyone who has suffered loss as a result of these practices to report their concerns to us on 1300 300 630 or to lodge a <a href="https://asic.gov.au/about-asic/contact-us/how-to-complain/report-misconduct-to-asic/" target="_blank">report of misconduct online</a>. 
Background
The surveillance program was undertaken following feedback received from small business, industry bodies and other government agencies about the endemic use of false statutory declarations in the building and construction industry.
The falsification of statutory declarations to obtain payment from a head contractor could be an indicator that contractors are experiencing cash flow problems and may be in financial distress. This may subsequently give rise to illegal phoenix activity.
While false statutory declarations and fraud matters are matters for other regulatory and enforcement agencies, company officers who knowingly make a false statement regarding payments to creditors may find themselves facing criminal or civil action by ASIC.
Under the Corporations Act, ASIC can also take administrative action against company officers who engage in misconduct.
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Property 101: ASIC warns directors of construction companies using false declarations

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Chief executive officer of the Master Builders Australia, Wilhelm Harnisch, will step down from his role after 15 years.
He has been with the association for 26 years. He was appointed as chief economist in 1991, deputy CEO in 1996 and CEO in 2002.  
He said it has been a privilege to lead the most influential lobby group that represents the whole spectrum of the building and construction industry.
Dan Perkins, Master Builders Australia national president said Wilhelm has been a tireless advocate for the building and construction industry and his longevity as CEO is testament to his success.” 
“Under his leadership, Master Builders Australia has become a highly influential and effective voice in promoting the building and construction sector for its 32,000 members," he said.  
"His hallmark as CEO has been his passion for the industry, his bi-partisan approach and highly disciplined evidence based advocacy."
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Wilhelm Harnisch to step down as Master Builders Australia CEO

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CoreLogic construction figures over the 2016/17 financial year show that projects with a value between $1-5 million take an average of 8 months to construct in Australia. 
To provide some context around what a $1-5 million development looks like, think projects on the scale of a service station, a 2-4 storey unit block or a child care centre. 
However, CoreLogic’s Cordell project data in the year to June reveals that Tasmania has longer construction periods than other states and territories, particularly in the $1-$5 million project space. Average construction periods over the last financial year averaged 11 months in this value range, compared to just 8 months across the rest of the country. 
Across civil engineering, residential, commercial and industrial builds, construction periods were, on average, 3 months longer in Tasmania than the rest of Australia.
In the community segment, which includes schools and hospitals, construction periods were on average 5 months longer, as estimated by CoreLogic.
The longer construction periods suggest a constraint on the growth of the construction industry in Tasmania, despite increasing demand for dwellings, infrastructure and commercial buildings. 
Tasmania has seen an uplift in the number and value of development applications over the last two years, with the number of new project applications peaking at 270 in the December 2016 quarter.  At June 2017, the number of new development applications captured going into the pipeline was 224, at a combined construction value of $352 million. 
There are a few factors that warrant the uplift. The state benefitted from a 13% increase in holiday visitation in the year to March 2017, and holiday expenditure was up 15% in the same period. Interstate migration climbed in Tasmania from the year 2013, and overseas migration to the state has been largely positive for the last 5 years. 
Hobart in particular experienced a strong uplift in dwelling values, which increased 6.8% in the year to June. While this may seem low compared with the double-digit growth in Sydney and Melbourne property, 6.8% per annum is still well above interest rates, bond yields and the ASX.  
Hobart’s median dwelling value is highly affordable to interstate investors at $360,000 – approximately a third of the value of the median Sydney dwellings.  This low price point may be particularly appealing to first home buyers who have been crowded out of New South Wales, where first home buyers make up a historically low 8% of the owner occupier mortgage market. 
Bullish attitudes towards this slow but steady growth market are also reflected in development applications. 
There may be a few reasons that construction periods in Tasmania are longer. Being separated from the mainland and major ports, freight times may be longer for the delivery of building materials.
As there is little large scale construction on the island state, there is also a shortage of local building suppliers and builders themselves. A fundamental constraint to growth in the Tasmanian economy often highlighted are the high levels of underemployment. However, due to growth constraints and many public schools not offering years 11 and 12 until recent reforms, it is difficult to provide upskilling opportunities for the underemployed. In 2015, Tasmanian students had just 60% of students attain year 12 completion, compared with a national average of 75%. Construction has highlighted this skills shortage in Tasmania, at a time when the state economy could benefit from completions in housing, retail and commercial builds. 
This article was by <a href="https://www.corelogic.com.au/news/state-wasnt-ready-building-boom#.WdLvtBOCz-Z" target="_blank">Eliza Owen</a>, researcher at CoreLogic.
 
<div> </div>
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The state that wasn't ready for a building boom

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The taxable payments reporting system (TPRS) protected $2.7 billion from being lost to the black economy in the building and construction industry in the 2015-16 financial year, according to the ATO.
Businesses in building and construction are required to lodge a TPRS annual report each year on any payments to contractors and subcontractors within the industry.
This data allows the ATO to identify contractors who fail to lodge returns or activity statements, fail to register for GST, use false ABNs or fail to report all of their income to the ATO.
Deputy commissioner Deborah Jenkins said the TPRS is a key weapon in fighting the black economy and helps protect the integrity of the tax system.
“The significant revenue increase we’ve seen from the building and construction industry as a result of the TPRS shows how effective it is in improving tax compliance in an industry.”
“TPRS strengthens our ability to match income tax returns from contractors against what businesses report paying, allowing us to detect those trying to hide income and evade tax. The success of this system proves that if you’re trying to evade your obligations it won’t go unnoticed.”
“Businesses who are doing the right thing don’t need to worry, however if you’re not meeting your tax obligations there will be consequences.”
Following a recommendation from the Black Economy Taskforce, the TPRS has now been extended to cleaning, courier, road freight, information technology (IT), security, investigation and surveillance services. The Taskforce identified these industries as high risk for black economy activity.
Jenkins said the ATO is focused on supporting businesses in these industries to meet their reporting requirements.
“For the financial year 2018-19, businesses that supply courier or cleaning services need to report payments made to contractors they use to deliver those courier or cleaning services using the Taxable payments annual report (TPAR). This will need to cover all relevant transactions from 1 July 2018 to 30 June 2019. The annual report for these businesses is due by 28 August 2019.”
“If your current record keeping isn’t accurately capturing this, I urge you to review the way you keep records or contact your professional advisor immediately to assist you.”
“If a contractor provides you with an invoice which includes labour and materials, you are required to report the total amount of the payment regardless of whether it’s itemised or combined.”
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TPRS protect $2.7 billion from being lost in the building and construction industry for 2015/16

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Sydney topped the rankings for Australia, with Brisbane, Melbourne and Perth all falling middle of the road for the cost of construction, according to a new report. 
The International Construction Costs Report 2019 from Arcadis, the global design and consultancy for natural and built assets, found that New York was the world’s most expensive city, followed by San Francisco and Hong Kong.
Sydney was the most expensive Australian city at 34, followed by: Brisbane (56), Melbourne (61) and Perth (62). The report details the relative cost of construction in 100 of the world’s leading cities. 50 cities were added to this year’s report, including Perth, making it the largest comparison of its kind.
According to the report, the cost of construction in Australian cities was heavily impacted by the economy, which continues to lose momentum since the latter half of last year, with GDP growth expected to be around 2.6% per year for the next two years.
Matthew Mackey, National Director, Cost and Commercial Management Australia Pacific, Arcadis: ‘‘In November 2018 Construction activity levels fell at their fastest rate in nearly four years. This was largely driven by an even steeper decline in the residential sector – although this was largely concentrated in Sydney and Melbourne. However, the total value of non-residential construction is expected to increase in 2019.
“Despite the slowdown in residential construction, the industry is particularly buoyant across the Eastern Seaboard – although this is again confined predominantly to Sydney and Melbourne” said Mackey.
“Cost pressures remain high industry-wide across Australia. This is due to several factors including a robust demand for construction materials, a lack of market competition, skills shortages, increasing energy and labour costs and elevated supplier prices due to strengthening commodity prices. The gap between value and cost continues to reduce and this demonstrates that profit margins will remain tight for both contractors and developers across the construction industry.
‘‘The limited availability of resources, at all levels of the supply chain, has become a major issue – particularly in Sydney and Melbourne where construction markets are quite heated.
‘‘Whilst construction activity in apartments and housing has stalled recently, activity in other sectors such as commercial, transportation and social infrastructure means that this decline is unlikely to be a precursor to an economic downturn.
‘‘The cycle of infrastructure construction is continuing to fuel price increases whilst also creating a significant demand for tradesmen to meet the current and upcoming workload. This demand will continue to put further pressure on both trade pricing and margins. Tender pricing will therefore continue to increase over the short term.”
Top 10 most expensive cities for construction:
<ol>
<li>New York City</li>
<li>San Francisco</li>
<li>Hong Kong</li>
<li>Copenhagen</li>
<li>Geneva</li>
<li>London</li>
<li>Macau</li>
<li>Zurich</li>
<li>Tokyo</li>
<li>Boston</li>
</ol>
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j.ballantyne1990-6AQqhLzZaK

Sydney is Australia’s most expensive city for construction: Arcadis report

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EXPERT OBSERVER
The changes to the WA Bill to better protect subcontractors is a major step in the right direction, but other state and territory governments – along with federal authorities – need to “step up”.
The WA government is a trailblazer in implementing statutory trusts but more needs to be done. 
For over 50 years, no government has acted to deal with the unlawful and unconscionable treatment of subcontractors in the construction industry in Australia.
Around 82 per cent of the construction industry is made up of subcontractors, many of them small and family-owned businesses. But for too long, nobody has bothered about them and they’ve suffered ongoing issues of late payment and high levels of non-payment. It has decimated many small businesses.
Technology will also play a crucial role in helping implement the statutory trust requirements and to provide more access to working capital.
WA’s new Security of Payment Act presents an opportunity to transform the dynamic, but it is not going to be achieved through legislation alone. 
I am looking for strategic partners that share my vision and can add real value to the $350 billion* opportunity in front of me.
We have developed a platform that provides an upfront and continuing finance offer to ensure that no matter what, subbies are not left waiting for payment. 
This solution has been developed in accordance with proposed new trust legislation in WA,” explains Stewart. “It ensures funds are siloed per project and that claims/invoices are linked to payments.
Typically, finance companies don't have access to borrowers’ bank accounts. But ProjectPAY has access to payment data to make informed decisions on future funding and to also assist subcontractors to ensure they are protected under the new laws.
For further information about ProjectPAY, visit <a id="LPlnk774504" class="OWAAutoLink" href="http://www.projectpay.com.au/">projectpay.com.au</a>
Louise Stewart is the former Chair of Subcontractors WA and founder of award-winning payments platform ProjectPAY.
ProjectPAY offers subcontractors the ability to access working capital for a low cost, assists them in managing their contracts more effectively to minimise their risks in accordance with the new legislation and generally facilitates good business practice. 
The platform provides a seamless user experience whereby it allows contracts to be validated with users’ clients, processes claim, and invoices amounts, provides early detection of non-payment risk, and offers a high level of visibility of where money goes out of the ProjectPAY trust accounts.
ProjectPAY immediately flags late payments and will make use of the new subbie support unit set-up by the small business commissioner to assist in reforming the industry. “The platform will also link into new low-cost adjudication services being introduced to WA at the end of the year,” says Stewart.
 
 
 
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jrobinson-rf4aSBido9

WA legislation changes good news for subbies – but more action needed

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The Australian Industry Group/Housing Industry Association Australian Performance of Construction Index (PCI) fell by 3.9 points to 39.1 in July, recording the construction industry's steepest overall rate of contraction in six years.
Readings below 50 indicate contraction in activity, with the distance from 50 indicating the strength of the decrease.
Ai Group Head of Policy, Peter Burn, said the decline in Australia's construction industry deepened in July as the Australian PCI fell to 39.1 points.
Steep declines in residential building activity together with a continued drop in commercial construction saw the construction sector’s performance in July record its sharpest monthly contraction since 2013.
Engineering construction activity maintained its stable pattern of activity of recent months, with reports of some project delays and a decline in new tender opportunities keeping activity weaker than 2018 levels.
"Looking ahead, conditions look more fragile than they have for some time with new orders dropping further into negative territory driven by particular weakness in the pipelines of new work in the housing and apartment sectors," Dr Burn said.
HIA Economist, Tom Devitt, said: "The Australian PCI showed the contraction in overall construction activity accelerated in July, although the news was slightly more positive for the residential components. While residential building activity continued to contract in July there are signs that the pace of decline is moderating.
"The positive impact of two cuts to the cash rate and cuts to personal income tax rates will take time to have an impact on residential building but it provides a sound basis to expect that the decline in activity will slow over the months ahead."
<a href="https://www.propertyobserver.com.au/images/2019/8/7/au%20pci%20.jpg" target="_blank">Click here</a> to enlarge: 
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/8/7/au%20pci%20.jpg" alt="">
Source: Ai Group &amp; HIA Economist 
Australian PCI – Key Findings for July
<ul>
<li>July marked an eleventh consecutive month of contraction in the Australian PCI®, with the rate of contraction at its steepest in six years (down 3.9 points to 39.1).</li>
</ul>
<ul>
<li>The fall in the Australian PCI® was associated with a continued decline in new orders (down 5.5 points to 36.0 – also a six-year low) and a further reduction in deliveries from suppliers (down 1.5 points to 40.0).</li>
</ul>
<ul>
<li>Employment also recorded a sharper rate of contraction (down 7.7 points to 35.9) indicating a general reluctance by businesses to increase their workforce capacity amid ongoing soft demand at an aggregate level.</li>
</ul>
<ul>
<li>Three of the four construction sectors in the Australian PCI®continued to contract in July (in trend terms), with only engineering construction being broadly stable (down 0.8 points to 49.4). Apartment building was the weakest performing sector, declining for 16th straight month (down 0.2 points to 36.4), while house building also weighed heavily on overall industry conditions in its 12th consecutive month of contraction (up 0.6 points to 38.3).</li>
</ul>
<ul>
<li>Cost pressures remained relatively high for building projects in July, despite the input prices index dropping 4.2 points to 63.2. Growth in wages also continued, albeit at a more moderate rate (down 3.1 points to 57.8), as difficulties in sourcing skilled labour persist.</li>
</ul>
<ul>
<li>The selling prices index continued to contract in July, if at a slower rate (up 5.0 points to 36.6). This negative reading indicates that rising input prices and other costs are not, on average, being passed on to customers, as profit margins continue to be squeezed for businesses in the construction industry.</li>
</ul>
<a href="https://www.propertyobserver.com.au/images/2019/8/7/au%20pci%202.jpg" target="_blank">Click here</a> to enlarge:
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/8/7/au%20pci%202.jpg" alt="">
Source: Ai Group &amp; HIA Economist 
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Construction index records sharpest drop in six years amid weaker demand

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The Australian Competition and Consumer Commission (ACCC) has instituted Federal Court civil proceedings against construction company J Hutchinson Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).
The proceedings were raised over alleged boycott conduct at a building site in Brisbane, following an agreement in 2016 between the CFMMEU and Hutchinson, one of Australia’s biggest privately owned construction companies.
According to a document lodged to the Federal Court, Hutchinson allegedly agreed to terminate the contract of an independent waterproofing subcontractor working on the Southpoint A Apartments construction project in South Brisbane.
The ACCC alleges that Hutchinson terminated the subcontractor to avoid conflict with, or industrial action by, the CFMMEU at the site as the waterproofing subcontractor was not covered by an enterprise agreement with the CFMMEU.
Hutchinson contravened sections 45E and 45EA of the Competition and Consumer Act, which prohibit contracts, arrangements or understandings for the purpose of preventing or hindering the acquisition of goods or services from a supplier, according to the ACCC.
“Tackling anti-competitive conduct in the construction industry is a priority for the ACCC, and this includes boycotts like the one alleged to have taken place here,” ACCC chair Rod Sims said.
“Boycotts are extremely detrimental to competitive markets and the economy, and can do great damage to those businesses targeted. Given this, we will take action to detect and deter such conduct whenever we can.”
The ACCC is seeking declarations, injunctions, pecuniary penalties, orders for findings of fact, compliance training and, against the CFMMEU only, adverse publicity orders.
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