The National Code of Practice for the Construction Industry (the Code) establishes minimum standards businesses must meet to be eligible for Australian Government building and construction work.
The Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines) provide further detail on Code compliance requirements.
Only parties who are Code compliant can tender to undertake building and construction activities on Australian Government funded projects. This condition applies to the head contractor, subcontractors, project managers, consultants and material suppliers.
Workplaces should have reporting systems in place that cover four main areas:
1. suspected breaches of the Code and Guidelines
2. industrial or occupational health and safety (OHS) disputes which impact on or have the potential to impact on the construction program or costs
3. right of entry
4. freedom of association.
Not all of these reporting requirements may be relevant to your role on the worksite. However, it is important to be aware of the requirements and bring any issues to the attention of site management.
"Application of the Code and Guidelines” should be a standing item for site and project meetings.
Breaches of the Code and Guidelines
All levels of the building industry – head contractors, subcontractors, consultants, project managers and employees, have an obligation to report suspected breaches of the Code to the Office of the Australian Building and Construction Commissioner (ABCC). The ABCC must be notified within 21 days of becoming aware of the suspected breach. The ABCC will notify the Code Monitoring Group (CMG) and any other relevant authority as appropriate. Failure to report can be a breach of the Code.
Industrial disputes
Any disputes or disagreements relating to workplace relations or OHS matters must be reported to the principal client at the earliest opportunity.
Right of entry
Site management should keep records of all requests by union officials to visit the site and full details of any visits that take place.
Freedom of Association
Suspected breaches of the freedom of association provisions of the Code or Workplace Relations Act 1996 must be reported to the ABCC within 21 days of becoming aware of the suspected breach.
See ABCC fact sheet: ‘Freedom of Association in the Building and Construction Industry’ (PDF 102KB).
Role of the ABCC
Site inspections and audits undertaken by the ABCC will include examination of the reporting systems that are in place as well as the practical reporting performance of site management.
Checklist items:
The worksite has systems in place to report to the client and relevant authority:
- alleged or suspected breaches of the Code and Guidelines within 21 days YES/NO
- industrial and OHS disputes YES/NO
- right of entry by union officials YES/NO
- freedom of association YES/NO
If you answered NO to any of these questions, the worksite does not comply with the Code and Guidelines and you should contact the ABCC.
Further Information
See the following sections of the Guidelines (PDF 636KB): section 5: Australian Government directly funded construction; and section 6: Australian Government indirectly funded construction.
You can download a printable version of this fact sheet here: Reporting Requirements (PDF - 101KB)
To make an enquiry or obtain copies of the Code and Guidelines, fact sheets and other reference material, visit the National Code page and Fact Sheets page of the ABCC website or go to:
The Office of the Australian Building and Construction Commissioner
Hotline: 1800 003 338
Website: www.abcc.gov.au
Email: enquiry@abcc.gov.au
Department of Education, Employment and Workplace Relations
National Code Mailbox: building@deewr.gov.au
Code Hotline on 1300 731 293.
Assessment of workplace arrangments for Code compliance:
Go to Code Assessments Online at www.workplace.gov.au/building
The information contained in this fact sheet is correct as at 26 February 2008.
This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission. ABN 68 003 725 098
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