The ABCC has created a comprehensive National Code Question and Answer fact sheet. The fact sheet addresses many of the common queries raised by building industry participants since the revised National Code Implementation Guidelines came into effect on 1 August 2009.
One of the important issues the Q&A fact sheet addresses is the compliance of workplace agreements with the National Code. When negotiating agreements under the Fair Work Act 2009 (FW Act), there has been concern that some proposed provisions may not be compliant with earlier versions of the Guidelines – most relevantly the 2006 Guidelines.
On 6 October 2009, the Hon. Julia Gillard MP issued a policy decision regarding the assessment of FW Act agreements. To ensure that all parties are able to take full advantage of the benefits provided by the good faith bargaining provisions of the FW Act, the Minister advised that parties with approved FW Act agreements will be deemed to be compliant with all versions of the Guidelines.
Parties will have to comply with their FW Act agreement and with those elements of the 2006 Guidelines that do not conflict with their agreement and their practical on-site application.
Further information