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Building Code - Industrial

Posted on : Thursday, 9 June 2016

On 6 May 2016, the Minister for Employment wrote to Fair Work Building and Construction (FWBC) Director Nigel Hadgkiss, transferring the role of assessing enterprise agreements against the Building Code 2013 to FWBC.  This role was previously conducted by the Department of Employment (the Department).

 

The Minister's letter of 6 May 2016 rescinded the previous practice introduced by a 2009 Ministerial instruction of deeming registered enterprise agreements automatically compliant with the Building Code 2013.  

 

FWBC assesses enterprise agreements made on or after 18 May 2016 specifically against the requirements of the Building Code 2013. FWBC also assesses draft agreements at the request of industry.

 

As a result, contractors covered by enterprise agreements made on or after 18 May 2016 that contain clauses that are inconsistent with the Building Codewill be ineligible to express interest in or tender for future Commonwealth funded building work.

 

On 6 May 2016 the Minister for Employment released revised Supporting Guidelines for the Building Code 2013.

 

The revised Supporting Guidelines require contractors bidding for future Commonwealth funded building work to confirm they are not covered by an enterprise agreement that is inconsistent with the Building Code 2013.

 

If your company is covered by a new enterprise agreement that is assessed as inconsistent with the Building Code 2013 you will be ineligible to express interest in or tender for Commonwealth funded building work.

 

The changes only apply to enterprise agreements made on or after 18 May 2016 and to Commonwealth funded building projects procured from 1 June 2016.  These changes do not affect existing projects, or projects for which a procurement process commenced prior to 1 June 2016.

 

Building contractors and building industry participants who are covered by awards, other workplace arrangements or enterprise agreements made prior to 18 May 2016 can continue to bid for Commonwealth funded building work.


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