[INSERT DATE]
[INSERT NAME]
[INSERT ADDRESS]
[INSERT ABCC REFERENCE]
Dear [INSERT NAME]
National Code of Practice for the Construction Industry (National Code)
Implementation Guidelines [INSERT GUIDELINES REFERENCE]
Audit – [INSERT PROJECT NAME] (Project)
I refer to the above audit conducted at your premises on [INSERT DATE] and the subsequent record of conversation and document review.
The Office of the Australian Building and Construction Commissioner (ABCC) has found your records satisfactory. The ABCC would like to thank you for your co-operation during the process.
The ABCC offers the following assistance to you in respect to documentation and information collected whilst conducting our audit.
A matter which was apparent on the day of the audit was that subcontractors were not passing on the requirements of the National Code through the contractual chain. Refer: Section 4.3 of the Implementation Guidelines for the National Code [INSERT GUIDELINE REFERENCE].
When working on a National Code project, you must ensure that any purchases made, or sub-contractors engaged, are also contractually bound to the principles of the National Code. You have an obligation to ensure that at each stage of the contract chain, be it minor works contracts or purchase orders to the value of $25 000 or less it is clearly stated that:
“The National Code of Practice for the Construction Industry (the Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, [INSERT DATE] (the Guidelines), apply to this project. By agreeing to undertake the works, you will be taken to have read and agreed to comply with the Code and Guidelines.”
It would be appreciated if you advised the ABCC by (INSERT DATE – 28 days from the date of this letter) that this matter has now been rectified.
Please note that the ABCC does not assess workplace arrangements for compliance with the National Code. If you have not already done so, the ABCC would strongly suggest having any applicable workplace arrangements assessed by the Department of Education, Employment and Workplace Relations, Industry Compliance Team who can be contacted on 1300 731 293. Workplace arrangements which are not compliant with the National Code may result in your company being unable to tender for jobs where the National Code applies.
Further information on the National Code and Implementation Guidelines can be obtained at www.abcc.gov.au
Should you wish to discuss any aspect of either this correspondence or the audit process please do not hesitate to contact either [INVESTIGATOR NAME] on [INSERT TELEPHONE NUMBER] or [INVESTIGATOR NAME] on [INSERT TELEPHONE NUMBER].
Yours sincerely
[INSERT NAME]
Team Leader or Primary Investigator