15 March 2017
The ABCC has published guidance material to enable stakeholders to consider whether enterprise agreements are compliant with the Building Code 2016.
As well as providing the industry with immediate access to extensive advice from the ABCC on Code compliance, the guidance material will have the added benefit of streamlining the assessment process.
The guidance is in the form of a spreadsheet detailing the ABCC’s advice on the compliance of approximately 500 clauses from agreements that have been submitted by industry to the ABCC or the Department of Employment. The spreadsheet contains examples of both compliant and non-compliant clauses and will be added to on a regular basis.
A new two-step process for contractors seeking advice on agreements asks industry to use this guidance material to conduct a preliminary review of their agreements prior to submitting them to the ABCC. The process also allows for advice to be provided on individual clauses that are not contained in the guidance material.
The ABCC will continue to provide preliminary advice to those who previously sought advice on their agreements. The ABCC will shortly contact all building industry participants who are awaiting preliminary advice or a Letter of Compliance to provide them with information on what they can do next depending on their individual circumstances.
The guidance material is available from the ABCC website.
ELIGIBILITY TO TENDER
The ABCC has published a table for contractors to guide them as to whether they require a letter of compliance for their enterprise agreement or are eligible for an exemption.
The ABCC has also developed Self Declaration forms for contractors eligible for an exemption.
Contractors who are only covered by enterprise agreements made before 25 April 2014 or utilise a Modern Award or other lawful workplace arrangement can use Self-Declaration A to demonstrate eligibility to express interest, tender or be awarded a contract.
During the transition period until 1 September 2017, companies with non-code compliant agreements can tender for, but not be awarded Commonwealth funded building work (unless they are eligible for an exemption). Contractors can use Self-Declaration B to demonstrate eligibility to express interest in or tender for work during this period.