A number of government bodies are charged with administering the National Code. Following is a summary of each government body charged with administering the National Code and their respective responsibilities.
The Office of the Australian Building and Construction Commissioner (ABCC)
The ABCC is responsible for educating the industry and monitoring compliance with the National Code and Guidelines.
Education and assistance
The ABCC educates industry participants about the National Code and Guidelines through:
- Providing advice and assistance over the phone and in person
- Presenting to small and large groups
- Distributing a comprehensive suite of fact sheets.
Call the ABCC hotline on 1800 003 338 to speak with a National Code Officer about your specific issues, or to book a presentation.
Monitoring
As part of its monitoring function, the ABCC conducts site visits, inspections and audits.
- Site visits: Usually the first step in mentoring National Code and Guidelines compliance. The ABCC provides information, liaises with site management, addresses queries and evaluates if key workplace relations elements of the National Code and Guidelines are in place.
- Site inspections: While similar to a site visit, a site inspection involves assessing a range of documents and processes as well as on-site behaviour. Inspections enable minor issues to be highlighted and ABCC assistance to be provided. Follow up inspections are also undertaken after audit activity to ensure proposed rectification has occurred.
- Audits: This is a detailed examination of a company’s documents, processes and practices and is a key focus for National Code and Guidelines activity. An audit is undertaken when a project is well established and enables on-site behaviours to be observed, comprehensive documentation to be assessed and highlights any systemic issues. Reports are prepared and forwarded to relevant parties outlining findings and seeking details of any rectifications required.
Department of Education, Employment and Workplace Relations (DEEWR)
DEEWR assists building industry participants to understand their obligations under the National Code and Guidelines. They also ensure all contracts for Australian Government funded work comply with the National Code and Guidelines.
Parties can lodge their approved industrial instruments for assessment against the requirements of the National Code and Guidelines with DEEWR. DEEWR has a range of options available for checking industrial processes for compliance and can offer advice and assistance to agencies and contractors about becoming National Code and Guidelines compliant.
More information about becoming National Code and Guidelines compliant can be obtained from the Building and Construction Industry section of the DEEWR website.
Department of Finance and Deregulation (Finance)
Finance is responsible for Australian Government procurement policy, including the Commonwealth Procurement Guidelines.
The Code Monitoring Group (CMG)
CMG is a committee of senior officials from the departments of Education, Employment and Workplace Relations, Finance, Defence, Infrastructure, Prime Minister and Cabinet and the Office of the Federal Safety Commissioner. The ABCC and the Office of the Fair Work Ombudsman are non-voting members of the CMG.
The CMG has the power to:
- require contractors to demonstrate their compliance with the National Code and Guidelines
- determine if breaches have occurred
- require contractors to show cause as to why they should not be sanctioned for a breach of the National Code and Guidelines.
The CMG can recommend to the Minister for Education, Employment and Workplace Relations that formal sanctions be imposed on contractors who breach the National Code. Sanctions range from formal warnings to preclusion from tendering for Australian Government funded building and construction projects for up to six months.
Details of CMG procedures can be found at www.deewr.gov.au/building
The Federal Safety Commissioner (FSC)
The Australian Government Building and Construction OHS Accreditation Scheme (the Scheme) operates so that, subject to certain thresholds, only head contractors who are accredited under the Scheme can enter into contracts for building work that is funded directly or indirectly by the Australian Government.
The FSC manages all aspects of the Scheme in accordance with the BCII Act. The Scheme is not administered under, or a requirement of, the National Code and Guidelines. Rather, it is a part of the Australian Government’s commitment to being a model client for reform and best practice in the industry.
Further information about the FSC and the Scheme can be obtained from www.fsc.gov.au Questions can be directed to the FSC Assist Line on 1800 652 500.