Building Code

Notification of sanction

On 31 March 2017 the Commissioner received notification from the Minister for Employment of her decision to impose an exclusion sanction on J Hutchinson Pty Ltd (Hutchinson) for a period of three months for failure to comply with the Building Code 2013 (the 2013 Code).


The Building Code 2016

The Building Code 2016 is the Code for the Tendering and Performance of Building Work 2016 (the Building Code) which commenced on 2 December 2016.


Eligibility to tender

Letters of compliance, self-declarations and preliminary advice on agreement content.


Reporting requirements

There are various reporting/notification requirements under the Building Code. The requirements are contained in section 16 (industrial action and secondary boycotts), section 17 (Building Code breaches) and section 11D (security of payment).


Security of payments

Each State and Territory has its own Security of Payments legislation which provides legislative protections for contractors to receive payment for building work performed under a contract.  Whilst similar, the State and Territory schemes are different and may operate in slightly different ways. 


Alcohol and other drugs in the workplace

Code covered entities must ensure there is an approach to managing drug and alcohol issues in the workplace to help ensure that no person attending the site to perform building work does so under the influence of alcohol or drugs listed in Schedule 4 to the Building Code.


Workplace relations management plans

A Workplace Relations Management Plan (WRMP) is required under Section 25 of the Building Code.  Tenderers will be advised by the funding entity if a WRMP is required for a particular project.


Freedom of association

To help stakeholders to understand their obligations under the Building Code, the ABCC has developed a table which summarises the requirements relating to freedom of association. 


Transitional Arrangements – interaction between Building Code 2013 and Building Code 2016

The Building Code 2013 continues to operate in relation to building work to which it applied prior to 2 December 2016.The Building Code 2016 applies to contractors who submit an EOI or tender for Commonwealth...


Funding entities and recipients

The Code operates such that only building contractors who are compliant with the Code can tender for and enter into head contracts for building work funded directly or indirectly by the Commonwealth Government, subject to certain conditions.


Building Code resources

The Building Code resources section provides easy access to documents, forms and contact information for the Building Code.


Need more information?

For further information, advice or assistance please contact the ABCC at 1800 003 338 or