The National Code of Practice for the Construction Industry (National Code) establishes minimum standards businesses must meet to be eligible to undertake certain building and construction projects funded by the Australian Government.
The Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (Guidelines) provide further details on National Code compliance requirements.
On 2 March 2012 the Minister for Employment and Workplace Relations, Bill Shorten, released the revised Implementation Guidelines for the National Code of Practice for the Building and Construction Industry (2012 Guidelines). The 2012 Guidelines will apply to all projects where expressions of interest or tenders are called for on or after 1 May 2012. Any projects subject to previous versions of the Guidelines will not be affected. For more information see the Which Guidelines apply? page.
There are several versions of the Guidelines available. The version that applies to your project will depend upon the type of project it is and the date the project was released for tender.
The National Code and Guidelines set out best practice principles that reflect national workplace relations laws. The National Code applies to certain Australian Government construction projects and is endorsed by the Australian, state and territory governments.
The National Code applies to construction projects that are fully funded by the Australian Government. It also applies to many projects that are partly funded by the Australian Government.
There are certain steps that must be taken to become, and remain, compliant with the National Code, in particular, ensuring that your workplace relations arrangements are consistent with the National Code and Guidelines.
A number of government bodies are charged with administering the National Code. The ABCC is responsible for educating the industry and monitoring compliance with the National Code. As part of the monitoring process, the ABCC conducts site visits, inspections and audits.
When a business is found to have breached the National Code, a sanction may be imposed. Sanctions range from a formal warning to preclusion from tendering for Australian Government construction projects for a fixed period.
In addition to the National Code and Guidelines a number of guides, fact sheets and model tenders and contract documentation have been produced to assist you. These are available for download.