Under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act), any company that provides building and construction services in Queensland is required to apply for a Queensland Building and Construction Commission licence (a Licence). A company that applies for a Licence must nominate an individual to act as their “nominee”.

The nominee must be an employee, director or secretary of the company, and must hold an identical class licence to the class that the company is seeking (both at the time of application for the company’s Licence and for the duration of time that the company holds the Licence). If a nominee resigns, ceases to hold their personal licence for any reason, or ceases to be an employee, secretary or director of the company, then a replacement nominee must be found and the Queensland Building and Construction Commission (QBCC) must be notified within 14 days.

The nominee must ensure that the company’s building and construction work is “adequately supervised” and must implement and manage a system of supervision for the company. The nominee is responsible for the coordination of the company’s employees and contractors on each of its worksites, and should carry out regular on-site inspections to ensure the building and construction work is in accordance with the contract. If the nominee identifies any defects in the company’s work, they must arrange rectification of those defects.

An individual can act as nominee for multiple companies, if that individual feels that they can adequately perform the supervisory role of a nominee for those companies at the same time.

A nominee needs to be aware that in the event the company loses its Licence as a result of defective building work or other matters that are the nominee’s responsibility, they may also lose their personal licence for failing to comply with their nominee obligations. Accordingly, it is very important that nominees ensure that their system of supervision for the company is adequate, functional and effective.

The nominee is also required to be a “fit and proper person” which means that if they fail to carry out their obligations, if they are responsible for any tier 1 defective work, if they fail to comply with any QBCC directions to rectify defects, or if they have a criminal history, their personal licence may be revoked and may be unable to act as nominee for the company.

Whether you are a nominee, a building and construction company owner, or a tradesman, Stone Group Lawyers can assist you in any building and construction dispute or with any licensing enquiries that you may have.