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Authorised Provider and Authorised Worker Permit
FAQ's Metro Construction
From 11:59 pm on Tuesday 17 August, employers that require their staff to attend a work site must issue a worker permit to their employees – this is the employer’s responsibility. Advice on how to access the authorised worker permit is provided below.
Penalties of up to $21,808 (for individuals) and $109,044 (for businesses) will apply to employers who issue worker permits to employees who do not meet the requirements of the worker permit scheme or who otherwise breach the scheme requirements.
There will also be on-the-spot fines of up to $1,817 (for individuals) and up to $10,904 (for businesses) for anyone who breaches the scheme requirements. This includes employers and employees who do not carry their worker permit when travelling to and from work.
From 11:59pm Tuesday 17 August, workplaces in Melbourne must be closed unless:
- the workplace is an authorised provider or service, or
- all employees are working from home
Visit this page to see a list of authorised providers and workers.
Download the Permit
Authorised Provider and Authorised Worker Permit
Authorised Provider and Authorised Worker Permit
Eligibility
Employers can issue a worker permit to their employee if:
- the organisation is on the list of Authorised providers and authorised workers list
- the employee is working in an approved category for on-site work, and
- the employee cannot work from home.
In rare circumstances an employee does not need a worker permit. This includes:
- if an employee is at risk at home, such as at risk of family violence
- law enforcement, emergency services or health care workers who carry employer-issued photographic identification, which clearly identifies the employer. The list of these exceptions is below.
An employee must not use a worker permit and must not attend work, even if they have been issued a permit, if:
- they test positive to COVID-19 and are required to self-isolate
- they are a close contact of someone who has tested positive and are required to self-isolate
Information employers will need
To issue a worker permit, employers will need:
- name, ABN, company address and trading name
- the name and date of birth of the employee
- the employee’s regular hours and place of work
- to meet all eligibility criteria, including that the business is a permitted activity
- to meet all relevant legal obligations
- to have a COVIDSafe Plan in place
- to authorise a person or people to issue the worker permit.
How to issue a worker permit
Each employee required to be on site must receive an individual worker permit with the required details.
Employers must:
- Download the Authorised Worker Permit and fill it out.
- Employers must use this template for all worker permits issued under this scheme.
- Sign the worker permit. You can print and sign or sign it electronically.
- Businesses must get an authorised person to sign the worker permit. This person could be the CEO, a HR manager, or an operations manager.
- They must be accountable for the details they provide.
- They may be contacted by Victoria Police or other enforcement agencies to confirm the details.
- Ask the employee to sign the worker permit. They can print and sign or sign electronically.
- You can email or text the worker permit to your employee.
- An employee may travel to work without a worker permit once to get their first permit.
Carrying a worker permit
Employees must carry the worker permit and photo identification when travelling to and from the workplace.
A worker permit can be shown electronically to authorities such as a photo, or scanned copy, on a mobile device.
Transport to and from work
An adult can take an authorised worker to and from their place of work without a worker permit, if the worker is their dependant or a person they live with.
If needed, authorities must be able to confirm that travel is in accordance with the worker permit.
Sole Trader
Sole traders must issue a worker permit and sign the worker permit as both the employer and employee.
Subcontractors
The operator of the work premises of the sub-contractor needs to be satisfied that the sub-contractor is required on-site.
The operator of the work premises may be the main contractor, or it may be that the sub-contractor is a sole trader.
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What are the new restrictions for construction sites in metropolitan Melbourne?
From 11:59pm on 16 August 2021 the following changes will need to be adopted by all metropolitan Melbourne construction sites.
- All sites will limit movement between multiple sites. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site. For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week.
- Allow no more than one worker per four square metres of enclosed workspace
- All workers will require an Authorised Worker and Provider Permit issued by an employer, to be presented to Victoria Police or Authorised Officers on request
- All workers must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.
It is recommended all employees, supervisors and on-site specialists:
- Minimise car-pooling to and from work, except in limited circumstances
Each small-scale construction site will:
- reduce the number of people on-site to five people plus a supervisor at any one time
- limit movement of workers between different sites. Specialist contractors or supervisors who need to move between sites may only visit three sites per week. All workers moving between multiple sites must wear a face mask (indoors and outdoors), check-in using the Victorian Government’s QR code app, and observe hygiene measures.
- supervisors moving between sites should adhere to enhanced COVIDSafe practices.
Each large-scale construction site will:
- be limited to a daily maximum of workers on site calculated as the higher of:
- 25 per cent of their baseline workforce; or
- five workers
All workers count towards the applicable daily worker limit with the exception of workers specifically required to meet the minimum statutory obligations or requirements. .
Baseline workforce is the average daily number of workers on site across the project lifecycle, as derived from the project’s resourcing plan as at 16 August 2021. The resourcing plan and calculation are subject to audit.
Project lifecycle commences from the date of on-site mobilisation and ends at handover.
Each early-stage residential land development site will:
- follow density restrictions of no more than 10 workers per hectare.
All workers count towards the density restrictions.
Application
What is considered a large-scale construction site?
A construction site is considered large scale if it is:
- permitted (as per the planning permit) to be (at completion) more than three storeys high (excluding basement), or
- larger than 1,500m2 floor size (inclusive of all floors) or
- for office use or for the internal fit out or retail premises, or
- for industrial or large format retail use.
What is considered to be a small-scale construction site?
A small-scale construction site is a construction site that does not meet the definition of a large scale construction site or an early-stage land development.
What is considered to be construction of critical and essential infrastructure?
Construction of critical and essential infrastructure is not subject to business operating reductions. It means:
- construction or maintenance (including civil works and building activities) of critical and essential infrastructure that is urgently required for the purposes of sustaining human health, safety and wellbeing, regardless of whether those activities are privately or publicly funded;
- activities prescribed by government from time to time as “State Critical Infrastructure Projects”; and
- construction and maintenance for the purposes of national security and defence.
The expectation is that very few activities will meet the above tests. Project proponents can contact ICC@ecodev.vic.gov.au to apply for a determination by the Chief Health Officer.
What is the definition of a worker?
Workers refer to people working on a site including, but not limited to, owners, managers, employees, contractors, workers on labour hire and security.
Workers do not include suppliers and deliveries (e.g. concrete testers and the like) who are only present onsite for a short period of time and these do not count towards the daily worker limits.
What is the definition of specialist contractors?
- Appliance installers
- Asphalters
- Brick layers
- Cabinet installers
- Carpenters
- Carpet layers
- Caulkers
- Cladding installers
- Concreters
- Earthworks and drainage specialists
- Electricians
- Engineers
- Floor installers
- Floor layers
- Flora and fauna specialists
- Garage door installers
- Gas contractors
- Geotechnical specialists
- Gold class riggers
- Heritage and cultural heritage specialists
- Insulation installers
- Joiners
- Landscape architects
- Mechanics who install and repair plant
- Mobile Cranes – Operators and dogmen
- Painters
- Plasterers
- Plumbers, including roof plumbers
- Post Tensioners
- Precast installers
- Renderers
- Retaining wall specialists
- Security system installers
- Sewer contractors
- Shower screen/mirror installers
- Solar installers
- Sprinkler fitters
- Steel fixers
- Telecommunications installers
- Termite specialists
- Tile layers, including roof tilers
- Traffic engineers
- Vertical access riggers
- Water proofers
- Welders
- Window and glass installers/glaziers
Can the selection of the 25 per cent of the workforce be changed day to day or week to week at the discretion of the Principal Contractor?
Yes. The principal contractor will determine which of the work will be prioritised to deliver its construction program, while ensuring the safety and security of the site.
Under the current restrictions, if there are separate contracts/projects being carried out concurrently within the same building, are these treated as individual projects for the purposes of operating reductions?
No. All workers on a site count towards the daily worker limit, with the exception workers undertaking emergency repairs and maintenance and workers engaged as suppliers and in deliveries (e.g. workers operating concrete trucks, concrete testers and the like who are only present onsite for a short period of time).
Each construction site must have a COVIDSafe Plan in place.
Under the current restrictions, can new construction contracts in metropolitan Melbourne be signed and commenced?
Construction contracts can be signed and commenced if they are works relating to a permitted construction work premises:
- 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.
Employers of permitted construction work must have a COVIDSafe Plan in place for each workplace/site.
Are machine operators allowed to operate across different sites?
Specialist contractors can visit up to three sites per week. This includes mobile crane operators and vertical access riggers among other relevant roles. However we ask these workers to minimise interactions with people on site as much as possible to reduce the risk of spreading COVID-19 from site to site.
Can supervisors and/or managers for permitted workplaces move between sites?
The current restrictions are designed to limit movement as much as possible. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site.
If there is a genuine reason why the supervisor/manager cannot be limited to one site, the employer must have systems of work in place to minimise the number of workers working across multiple sites, and maintain a record of all workers who do so.
For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week. These arrangements must be recorded, and the requirements of, the COVIDSafe plan adhered to at each site.
How many residential sites are builders, contractors and/or tradespeople permitted to work on in a single week if they are completing and handing over homes to allow homeowners to move in?
Movement of builders and contractors between residential sites must be managed in line with requirements for small-scale construction. Under those requirements, workers’ movements must be limited, supervisors and specialists who provide safety services may move between as many small-scale construction sites as necessary to fulfil their duties, and specialist contractors may move between up to three sites a week.
These arrangements must be recorded in, and observe the requirements of, the COVIDSafe plan at each site.
How will the five-worker rule apply with respect to sites where the homeowner attends the building site?
Under the Stay at Home Directions, individuals are only allowed to leave their homes for five reasons. Visiting a building site is not one of them.
If a homeowner attends the site for work purposes they will be counted towards the number of workers on the site.
If the homeowner is seeking to conduct an inspection of the site this should be conducted remotely where possible. If the homeowner must attend the site to complete a final inspection, this should be done alone.
Can work continue at a construction site for the purpose of making the site safe for shutdown?
Yes, providing the work is undertaken in line with the Workplace Directions and Workplace (Additional Industry Obligations) Directions.
I have a project where the building surveyor has determined that protection of the adjoining property is required. Can we enter the adjoining allotment which is occupied by the adjoining owner to carry out protection works to allow proposed building work to commence?
No, this not permitted if the adjoining property is not vacant, unless the protection works relate to critical and essential infrastructure, or where critical repairs are required for emergency or safety.
Can builders attend prospective sites for the purposes of tendering forthcoming projects, where it cannot be done remotely?
No, this is not permitted.
Does the limit of five workers for small scale construction apply to base stage and finishing stage?
Work sites must make every effort to minimise the numbers of workers on site at any one time. It would be expected that there would not be more than five workers and a supervisor on site at any one time, unless it were absolutely necessary for that activity due to safety (example, a slab pour).
Is work carried out on one level of a building greater than three storeys considered small or large scale construction?
Any construction site that is “permitted to be (at completion) more than three storeys high (excluding basement)” is considered a large-scale construction site, regardless of how many storeys are being worked on at any one time.
What is the definition of ‘outside’ for the purposes of construction, building and maintenance work?
A work space is considered ‘outdoors’ if it is not fully enclosed. This means renovation work, such as a house extension, that occurs in a space without a roof or wall is considered to be outside. The ‘outdoor’ work space must be entirely separated from the occupied part of the house, so that workers and residents cannot access the same space (e.g., workers must not be able to enter the occupied areas of the house, even when residents are not present).
Workers must avoid contact with residents of the building and must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.
What is essential maintenance? Can essential maintenance continue in homes where residents are staying in metropolitan Melbourne?
- Maintenance work in homes or apartments where residents are staying can only continue where it is essential for the continued operation of:
- essential infrastructure and essential services that are required to maintain or protect human health, safety, and wellbeing (whether provided by a public or private undertaking), and including construction, maintenance, and repair of such infrastructure
- critical repairs to any premises where required for emergency or safety
- services to support ongoing provision and regulation of electricity, gas, water, sewage and waste and recycling services and their maintenance. This includes services to ensure solar or battery supply at off-grid premises.
- Workers must avoid contact with residents of the building and must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.
When is an apartment considered ‘unoccupied’?
An apartment is regarded as unoccupied only when all apartments in that building are empty. If any apartments have residents, all apartments in the building are considered to be occupied.
Is a shed or granny flat considered ‘unoccupied’ if it does not have a tenant but shares a block with an occupied home?
Yes, an unoccupied structure, such as a granny flat or a shed, is considered unoccupied even if it is on a property with occupied houses, if you can enter it without entering the occupied part of the property.
Large Scale Construction FAQs
Can large-scale construction sites run two shifts at 25 per cent workforce each shift?
No. For large-scale construction sites, the total is 25 per cent of their baseline site workforce (or five workers, whichever is higher) on one day, regardless of shifts. If a builder wanted to manage the site with two equal non-overlapping shifts, each shift would be limited to 12.5 per cent of the average daily number of workers on site across the project lifecycle.
Can my renovation proceed?
No, tradespeople and builders cannot visit homes for renovations but can provide repairs, maintenance, home installations and other building works if able to perform the work solo (unless additional workers are required for safety reasons) and only outdoors.
If you have vacated the property and it is completely unoccupied, then renovations can proceed in line with restrictions on small scale construction.
If you’re still living at the property, then trades people and builders can only make emergency repairs indoors.
Workforce
Are concrete truck drivers included as workers in the daily worker limits?
No. Concrete drivers who are present onsite for a short period of time are considered delivery drivers and do not count towards the daily worker limits.
All roles that fall within the specialist contractor category must abide by the applicable restrictions.
Specialists and Contractors
I’m not on the specialist contractor list, how many sites can I visit a week?
Unless you are on the specialist contractor list or otherwise permitted (e.g. safety specialist, undertaking statutory functions or site supervisor for small-scale construction), you can only work at one site.
I am an apprentice; I cannot get to and from work without carpooling with someone. Am I allowed to get a lift with someone?
Where possible other arrangements, such as getting driven to and from work by another household member, are preferable to carpooling. Under the current restrictions, you are not permitted to share a vehicle with another person you do not ordinarily reside with, unless it is not otherwise reasonably practical to get to work.
The enclosed space of a car presents a heightened risk of transmission of COVID19. If traveling in a car with someone who is not part of your household, you should sit in the back seat in order to maintain physical distancing, and wear a face mask in the car.
Frequently asked questions: regional Victoria
Is building, construction and renovation work allowed to continue in regional Victoria?
Yes. All indoor and outdoor construction and renovation work can continue at occupied and unoccupied premises in regional Victoria.
Office-based work is capped at 25 per cent or a maximum of 10 people, whichever is greater. A density quotient of one person per four square metres applies in shared spaces and publicly accessible areas.
Workers must wear a face mask indoors and outdoors at all times, unless they have a lawful reason not to wear one.
How do I comply with the Victorian Government QR Code Service requirements if my workers visit customers’ homes?
If you or your workers visit customers' homes, you need not provide a QR code for the residents or customers to check-in, because the customer’s home is not a workplace under your control. However, a record must be kept of all addresses the worker has visited.
Click here for further information on construction sector guidance
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NB: This information is current at the time of writing, 17 August 2021, and can change without notice. We highly recommend you check Victoria’s Government website for further announcements and/or changes.
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Got a Question?
For workplace advice/questions please contact the office at email: membership@acfa.net.au
Please include your company name or member number with your inquiry.