Rebuilding Productivity in Queensland’s Construction Sector
Why It’s Time for a New Code
The Queensland construction sector stands at a crossroads. Productivity is falling, disputes are rising, and the relationship between government, unions, and industry is under more strain than at any time in recent memory.
Workforce Advisory’s supplementary submission to the Queensland Productivity Commission (QPC) calls for bold, practical reforms — including the introduction of a new Construction Code to restore balance, accountability, and fairness across public and private projects exceeding $100 million.
This isn’t about ideology or confrontation. It’s about creating a construction environment where every player — government, principal contractor, subcontractor, and worker — can perform safely, efficiently, and lawfully, without undue interference.
Why Productivity Needs a Reset
Construction remains one of Queensland’s largest economic drivers. Yet, productivity growth has stagnated. According to industry research and lived experience across hundreds of projects, the causes are clear:
Overly restrictive enterprise agreement clauses that limit managerial decision-making.
Union side agreements that dictate subcontractor pay and conditions beyond what’s lawful or practical.
Work stoppages and site access issues that disrupt scheduling and inflate costs.
For contractors, the frustration is real: layers of bureaucracy and outdated industrial rules often overshadow innovation, efficiency, and workforce wellbeing.
Workforce Advisory’s submission urges the Commission to recommend a comprehensive solution — a new, enforceable Queensland Construction Code for major projects that promotes transparency, competition, and compliance.
What the New Code Could Do
A new Construction Code would not replace existing Fair Work laws — it would complement them, ensuring major projects operate within consistent, measurable standards.
The Code could be implemented through legislation, regulation, or contract, applying to all significant public and private works above the $100 million threshold.
Key aims of the Code:
Prohibit restrictive practices in enterprise agreements.
Enforce compliance reporting on industrial action, site stoppages, and productivity impacts.
Mandate digital monitoring systems, such as tap-on/tap-off access control, to track site attendance and performance data.
Protect freedom of association, ensuring no worker or subcontractor is coerced into union membership.
Restore management rights and enable flexible workforce decisions that reflect operational needs, not external pressures.
Clauses That Must Go
A significant feature of Workforce Advisory’s proposal is the call to exclude enterprise agreements containing restrictive or discriminatory clauses.
The submission identifies a list of examples — all drawn from real-world agreements currently stifling efficiency across the state. Under the proposed Code, agreements would be deemed non-compliant if they:
Limit an employer’s right to manage or restructure its operations.
Require union consultation for hiring, subcontracting, or redundancy decisions.
Prescribe pay or conditions for subcontractor employees.
Mandate paid union meetings, delegate time, or union logos on company property.
Discriminate against workers based on union membership or type of employment (e.g., full-time only).
Impose rigid site shutdown calendars or force Monday–Friday work weeks.
Require expense allowances when no expense is incurred.
Restrict the use of loaded rates or harmonisation with Award penalty rates.
In short, agreements that hinder lawful business flexibility — or attempt to extend union control beyond the Fair Work Act — would have no place on major projects under the new Code.
Smarter Oversight, Real Accountability
The proposed Code isn’t just about restrictions — it’s about visibility and accountability.
Workforce Advisory recommends compulsory reporting to a central government cloud platform, tracking:
Union visits and entry requests;
Lost productivity from stoppages and safety disputes;
Workforce attendance and site access data (via tap-on/tap-off technology).
This data-driven approach would give the industry — and government — a clear picture of where productivity gains are being lost, allowing evidence-based intervention.
Additionally, the submission supports the establishment of a Major Projects Watchdog or Umpire, with powers to:
Investigate breaches of the Code;
Enforce compliance;
Coordinate with WHS, Fair Work, and Police authorities to manage site conduct.
The goal: ensure everyone plays by the same rules, reducing conflict and increasing predictability for contractors and clients alike.
Heat, Weather, and Safety – Without the Excuses
A practical aspect of the proposed Code deals with heat and inclement weather management.
Rather than blanket shutdowns, the Code would promote safety-driven, flexible solutions — continuing operations where possible (such as operators in air-conditioned machinery) while protecting worker health.
This ensures that safety remains paramount without being used as a pretext for unnecessary stoppages or lost productivity.
Leadership at the Workforce Level
One of the most constructive proposals is redefining the role of Health and Safety Representatives (HSRs) and delegates on-site.
Under the suggested model:
HSRs must be working representatives, elected by their own subcontractor group.
Each trade or working group may have one HSR cap — no “super HSRs” or site-wide union delegates.
This balances representation with accountability, ensuring that safety leaders are genuinely part of the team — not external actors with conflicting agendas.
Procurement, Licensing, and Enforcement: The Next Steps
Beyond the Code itself, Workforce Advisory recommends several complementary reforms to drive productivity and accountability:
A new State Procurement Code that rewards compliance and fair competition.
A Major Projects Umpire or independent watchdog.
An enforcement taskforce — potentially operated or supported by Workforce Advisory and partner firms — to provide on-the-ground compliance support.
Revised WHS entry rules to limit unnecessary disruption.
Move-on powers for Police and Inspectors to manage disorderly permit holders.
Stronger licensing and apprenticeship frameworks, with individual industry licences and entry controls for projects over $100 million.
These measures share a common theme: personal accountability and system-level transparency. Productivity won’t improve until every participant — from apprentice to executive — has a clear line of responsibility and consequence.
Supporting Subcontractors – The Fragile Link
Perhaps the most important part of Workforce Advisory’s submission is its recognition of subcontractors as the industry’s backbone — and its most fragile link.
The firm encourages all large projects, builders, and developers to undertake subcontractor compliance checks, covering:
Fair Work and industrial relations status,
Financial stability and credit history,
Compliance with safety and licensing obligations.
These checks, available through Workforce Advisory from $1,700 + GST, help project managers identify risks early, maintain compliance, and avoid disputes that can derail timelines and budgets.
Subcontractor fragility is a systemic issue — and better oversight helps strengthen the entire industry chain.
A Call for Balanced Reform
The submission closes with an invitation — not a confrontation.
All suggestions are open for debate, but the guiding principle remains clear: Queensland needs a productivity and compliance reset.
With the CFMEU Inquiry underway and economic pressures mounting, now is the time to replace outdated practices with practical, modern solutions that benefit workers, contractors, and the community alike.
As Workforce Advisory’s Legal Practice Director, Dean Cameron, summarises:
“We need productivity, a cost reset, workforce leadership, and change management.”
That’s not a political statement — it’s a professional one.
About Workforce Advisory
Workforce Advisory specialises in practical legal and compliance solutions for the construction and civil sectors. With over 25 years of experience, the firm helps builders, subcontractors, and developers navigate the complex intersection of industrial relations, safety, and productivity.
For support call 1300 925 529 or office@workforceadvisory.com.au
