Call for prompt payment of subcontractors

Subcontractors, ACCC

The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) is examining payment terms and conditions for subcontractors working on government projects.

Ombudsman Kate Carnell says small business “subbies” are vulnerable to delayed payments, which can have an adverse impact on their livelihoods and the broader economy.

“Most government departments pay their invoices within 30 days, but when a prime contractor is appointed to manage a project there are regularly delayed payments further down the chain,” Carnell said.

“Government agencies and prime contractors should ensure that payment terms and conditions throughout the supply chain are no worse than those in the head contract.

“It’s not good enough to leave responsibility with a head contractor and overlook small businesses who do much of the work.”

Carnell said cashflow was vital to small business success.

“Cashflow is king,” Carnell said. “A lack of cashflow is the leading cause of business insolvency and this underscores the importance of prompt payments.”

The Ombudsman has written to seven government departments seeking information about their procurement and payment policies.

It follows the recent ASBFEO inquiry into payment times, the major outcome of which was a recommendation that the government pay invoices within 15 days.

The inquiry recommended that:

  • The Australian Government require its head contractors to adopt the payment times and practices of the procurement policy through the supply chain.
  • The Australian Government extend its payment policies to all agencies and entities.
  • The Australian Government publish its payment times and policies, and for all its agencies and entities, with performance against best practice benchmarks.
  • The Australian Government procure from businesses which have supply-chain payment times and practices equal to or better than its practices.

The inquiry also recommended that all levels of government adopt the same prompt-payment policies.