• Building and non-building construction (including residential)
• Construction of critical and essential infrastructure and services to support these projects, and other construction in line with restrictions
• Critical repairs to any premises, are allowed, where required for emergency or safety.

A small-scale construction site is a construction site other than a large-scale construction site or an early stage residential land development site. 

So that means the construction is: 

• Less than 3 storeys tall (excluding basement); or
• The site size is less than 1500 m2 floor size; or
• Construction is not for commercial purpose, or that is the internal fit-out of a retail premises; or
• Construction is not predominantly for industrial or large format retail use.

The definition of large scale construction refers to the construction of a building where a planning permit has been issued in relation to the site for a building that is greater than 3 storeys tall (excluding basement) at completion, regardless of where the work is being carried out. 

Under the construction sector guidance, a small-scale residential construction site can only have a maximum of five workers plus a supervisor on-site at any time after the base stage  to completion of the fixing stage. 

Site preparation activities prior to base stage and site finishing activities after fixing stage are considered ancillary activities and therefore can continue to operate with more than five workers present on site if required to ensure these ancillary activities are completed safely. However, it should be limited to the minimum number possible for that activity and the restrictions on worker mobility across sites still apply in accordance with the Workplace Directions (clause 7(17-20))

The road map specifies that ‘Corporate staff should work remotely and all site offices to apply density quotient’.

That means that an employer should not require a worker to attend a work premise where it is reasonably practicable for the worker to work at their home. 

Where an employer requires a worker to attend the work premise as it is not reasonably practicable to do otherwise, then the employer must continue to comply with the Permitted Worker Permit Scheme.

Significant penalties apply to individuals and employers for breaching the requirements of these schemes / Directions so businesses should carefully read the requirements of the scheme before issuing a permit to their employees. 

A work premises means the premises of an employer in which work is undertaken, including any vehicle whilst being used for work purposes but excluding an employee’s ordinary place of residence. 

This means each individual construction site would be considered a work premises. 

For small-scale construction, supervisors can move between sites if required, subject to enhanced PPE and hygiene practices. These arrangements must be recorded in, and observe the requirements of, the High Risk COVIDSafe plan at each site.  

Concrete plants, concrete trucks and pumps – where they are necessary for the operations of a permitted industry – are able to continue operating under the provisions below from the permitted industries table:   

Ancillary and support businesses are able to open on-site to ensure the necessary production, supply, manufacture, repair, maintenance, cleaning, security, wholesale, distribution, transportation or sale of equipment, goods or services required for the operations of a Permitted Work Premises, or for Closed Work Premises where there are safety or environmental obligations. The business cannot operate on-site for any other purpose. Ancillary and support businesses are defined as those businesses that are necessary for the operation of the permitted industry

For more guidance please see the relevant section on the Business Victoria website. 

A person (including an apprentice) must not travel in a vehicle with another person with whom they do not ordinarily reside unless it is not otherwise reasonably practicable for either person to leave their premises for a purpose permitted under these directions.

On-site client (or agent) contract meetings, including document signing, material selection and final inspections, are permitted on-site if it is not reasonably practicable for them to be conducted remotely. Density quotients must be applied for enclosed spaces and physical distancing maintained. 

On-site client (or agent) contract meetings, including document signing, material selection and final inspections, are permitted on-site if it is not reasonably practicable for them to be conducted remotely. Density quotients must be applied for enclosed spaces and physical distancing maintained. 

On-site client (or agent) contract meetings, including document signing, material selection and final inspections, are permitted on-site if it is not reasonably practicable for them to be conducted remotely. Density quotients must be applied for enclosed spaces and physical distancing maintained. 

At this stage there is no legislative protection. How LDs are dealt with will depend on the specific agreement. It should be noted that LDs are not claimable under the Victorian Security of Payments legislation which may provide some relief. 

Force majeure clauses and the doctrine of frustration may provide some protection. It is a notoriously high bar to prove. For a contract to be frustrated, a contractual obligation must have become incapable of being performed because the change in circumstances renders it radically different from what had been agreed in the contract. Simply because the contract has become much more expensive to perform or take longer to complete than was originally anticipated does not necessarily mean the contract is frustrated.  

Depending on the particular agreement, usually the best way to protect against LDs is by claiming an extension of time. 

The current restrictions in place do not prohibit a permitted worker from attending the workplace to collect tools or equipment. Attending the yard (workplace) is not considered a construction site so it would not be included.  

The employer will need to ensure that High Risk COVIDSafe plan is in place for that appropriate risk assessment is conducted.  

Workers in permitted industries can travel to and from regional Victoria for work, subject to meeting any relevant workplace requirements and having in their possession a Worker Permit. 

More information and templates can be found on our Permitted worker scheme page.

Your COVIDSafe Plan should recognise that while working in regional Victoria, you must operate to the current restrictions in metropolitan Melbourne. This means that if a permitted worker travels into regional Victoria for work – their restrictions travel with them. For example, a permitted worker who has travelled from metropolitan Melbourne to work can’t visit a restaurant, have a beauty treatment or access any service that isn’t currently available in metropolitan Melbourne.