BUSINESS ADVISORY
Subcontractor support
The Small Business Commissioner is empowered to address complaints regarding non-payment and unethical practices within the construction sector. This responsibility is carried out by the dedicated Investigations and Inquiry Unit, which operates on behalf of the Commissioner.
Subcontractors and small businesses often face significant risks, including delayed or non-payment, insolvencies, and unfair treatment
To address these challenges, legislation introduced in April 2020 expanded the Commissioner’s authority to investigate complaints related to non-payment and substandard industry practices. Additionally, the Commissioner can examine issues identified through data analysis and insights provided by other government agencies.
Findings from these investigations may be shared with ministers, local governments, State Government, and specific Commonwealth authorities, potentially leading to sanctions. The Investigations and Inquiry Unit plays a crucial role in supporting the Commissioner’s efforts.
Practical Assistance
If you are a subcontractor in the construction industry facing difficulties, we offer practical advice and guidance. Our proactive approach encourages subcontractors with industry-related concerns to reach out for a confidential discussion.
We welcome inquiries about issues such as late payments, coercive behavior, and breaches of contract terms involving businesses of any size or WA and local government organizations. Since 1984, our advisors have assisted thousands of small businesses, gaining extensive experience in handling sensitive matters. Where necessary, they may refer cases to the Investigations and Inquiry Unit.
For serious matters requiring further investigation, the Commissioner has the authority to compel parties to provide information or documents, with financial penalties for non-compliance. The Commissioner also ensures the confidentiality and protection of complainants’ identities, except where required by law.
Issues We Can Address
Our investigations typically focus on systemic issues, which may be referred to agencies with legislative authority. Below are examples of the issues we can assist with. If you are unsure whether we can help, please contact us. If we are unable to assist directly, we will refer you to the appropriate authority.
We can assist with
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- Delays in receiving payments (note: while we can address payment delays, we cannot collect outstanding debts or guarantee payment)
- Delays in the release of retentions
- Managing the impact of a creditor’s insolvency and safeguarding your assets
- Unfair treatment, including harsh, unconscionable, oppressive, misleading, or deceptive conduct
- Concerns about fraudulent actions by a registered building service provider*
- Contract terms deemed ‘unfair’
Issues We May Refer to Other Agencies
- Sham contracting by a registered building service provider* (where employment is disguised as independent contracting)
- Illegal phoenixing activities
- Sudden departure of directors from a registered building service provider*
- Freedom of Association concerns
- Health and safety violations
- Issues related to unregistered written agreements or other contracts
- Matters involving the employment of non-Australian citizens or residents
- Workplace arrangement disputes
- Payments exceeding entitlements and related issues
- Industrial action
- Dispute resolution procedures in industrial instruments
- Workplace reform initiatives
- Workplace relations management plans
*Registered building service providers may include head contractors or other contracting entities.
Free information and downloads
Before reaching out to us, explore our collection of free resources that may provide the assistance you need.
- Tips on providing credit to customers, including the significance e of including terms and conditions, and steps to take if you become an unsecured creditor.
- Resolving business disputes, access a free letter of demand template to assist in recovering debts and avoiding unnecessary legal expenses.
- Information on contracts and agreements which explains the general structure of an agreement, key terms and how to identify unfair contract terms.
- How to protect business assets using the Personal Property and Securities Register (PPSR).
- Our free business advisory service providing guidance on a variety of topics to support your business.
- Our dispute resolution service to help ensure you receive payments owed to you.
Other organisations providing support
Several organizations provide support for subcontractors and small businesses in the construction sector:
- Building and Energy (formerly the Building Commission): Regulates and licenses the building industry and facilitates the rapid adjudication process for disputes:
- under the Construction Contracts Act 2004 (contracts entered into prior to 1 August 2022).
- under the Building and Construction Industry Security of Payment Act 2021 (contracts entered into from 1 August 2022 onwards).
- The Australian Taxation Office (ATO) Offers tailored tips and guidance for individuals working in the construction industry.
- The Fair Work Ombudsman is responsible for Providing education, advice, and assistance to employers, employees, and organizations, ensuring compliance with workplace laws and investigating breaches of the Fair Work Act.
- If you or someone you know is experiencing anxiety, stress, or depression, reach out to:
- MATES in Construction – 1300 642 111
- Lifeline – 13 11 14
- Rural & Remote Mental Health
We are here to assist, but please review the following details before getting in touch:
- To provide effective advice, we typically need to conduct inquiries and request documents to assess the validity of your complaint.
- When submitting supporting documents, we will not request or use privileged or confidential information. It is your responsibility to determine what falls under these categories (seek legal advice if necessary).
- Do not share such information unless you have waived its privilege or confidentiality and can confirm this.
- We do not pursue complaints that lack merit, substance, or are not made in good faith.
- We cannot provide legal advice. For legal matters, consider seeking independent legal counsel.
- We are unable to assist with issues currently under negotiation by lawyers, awaiting adjudication, or court determination.
Contact us
For assistance, please don’t hesitate to contact us.
To ensure we can help effectively, please have the following details ready or be prepared to answer basic questions about your issue:
- A copy of your contract or purchase order
- Copies of any outstanding invoices or progress claims
- Relevant correspondence or supporting evidence, such as:
- Letters of demand
- Emails or letters
- Notices of dispute
- Photographs
- Any court or adjudication decisions related to the matter
- Details of other steps you’ve taken, such as referring the matter to court
- Consider whether you wish to keep your identity confidential, as this may limit the assistance we can provide
- The amount outstanding and the steps you’ve taken so far to recover payment
If you prefer to contact us anonymously:
T: 1300 110 232
E: complete the contact form