Compliance with the National Code and Guidelines is a condition of tender for certain Australian Government projects. An undertaking to apply the National Code and Guidelines to the project and to private construction activity must be included in the tender schedules submitted by the tenderer.
What is covered by the National Code and Guidelines
Australian Government construction projects
The National Code and Guidelines apply to Australian Government construction projects according to the following funding criteria:
- Directly funded government projects – all building and construction work where the Australian Government has direct financial and administrative involvement. This applies irrespective of the total value of the project.
- Indirectly funded government projects – all construction projects indirectly funded by the Australian Government through grants or other programmes where:
- the Australian Government funding is at least $5 million and represents at least 50% of the total construction value, or
- the Australian Government funding of the project is $10 million or more.
- Privately funded projects – A contractor who submits a tender or expression of interest in an Australian Government funded project on or after 1 November 2005 must apply the National Code to any privately funded building project they undertake that commences after that date. This requirement applies regardless of whether the tender was successful or not. On such jobs the contractor is responsible for their own National Code compliance and is not responsible for the compliance of any subcontractors.
Construction activity
Construction activity covered by the National Code and Guidelines includes, but not limited to:
- building refurbishment or fit out, installation of building security systems, fire protection systems, air conditioning systems, computer and communication cabling and building and construction of landscapes
Activity that does not fall within the scope of the National Code and Guidelines includes:
- mining operations
- the maintenance of building systems
- landscaping such as lawn mowing, pruning and other horticultural activities, and
- cleaning buildings.
The 2009 Guidelines do not apply to material suppliers who manufacture and/or supply construction components integral to a project, with the exception of auxiliary or holding sites e.g. batching plants.
More information is available on the Which Guidelines apply to my project? page of the ABCC website.
Who the National Code and Guidelines apply to
The National Code and Guidelines apply to:
- government agencies funding building and construction projects
- companies/contractors working on these projects, including subcontractors and sole traders
- related entities to any of the parties listed above.
Which version of the Guidelines apply
There are several versions of the Guidelines available and 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.
More information is available on theWhich Guidelines apply to my project? page of the ABCC website.
If you require further assistance please contact the ABCC.
Model tender and contract clauses
A number of model tender and contract clauses have been prepared to assist with the tender and contract process. These clauses include the requirement to comply with the National Code and Guidelines.
The model clauses are available in the publication Model Tender and Contract Documentation.
Contractors should use these clauses when preparing tenders, contracts and funding agreements for building and construction projects funded directly or indirectly by the Australian Government.
The model contract clauses require contractors to:
- undertake to comply with the National Code and Guidelines and ensure all related entities engaged in Australian construction activity comply with the National Code and Guidelines
- ensure that subcontractors and consultants’ workplace arrangements comply with the National Code and Guidelines before engaging them on the project
- continue to ensure that all contracts on the project include the requirement to comply with the National Code and Guidelines
- agree to allow the ABCC to monitor National Code and Guidelines compliance on the site and to investigate any breaches of the National Code and Guidelines
- acknowledge that the Commonwealth may impose a sanction should contractors not comply with the National Code and Guidelines
- agree to comply with the National Code and Guidelines on new privately funded construction projects.
How do the National Code and Guidelines affect you?
Your responsibilities in relation to the National Code and Guidelines will be different depending on your role on a project. Please contact the DEEWR Code Hotline on 1300 731 293 for specific information about your responsibilities under the National Code and Guidelines.