08 December 2016 Building Code 2016 - Obtaining letters of compliance and preliminary advice

The Australian Building and Construction Commission (ABCC) commenced on 2 December 2016, replacing FWBC. The ABCC is established under the Building and Construction Industry (Improving Productivity) Act 2016.

On 2 December 2016, the Minister for Employment, Senator the Hon Michaelia Cash, also issued a new building code. The Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) applies to companies who submit an expression of interest or tender for Commonwealth-funded building work from 2 December 2016.

Enterprise agreements made from 2 December 2016 must now comply with the Building Code 2016 in order to be eligible to be awarded Commonwealth-funded work. However, building industry participants covered by agreements made prior 2 December 2016 have until 29 November 2018 to ensure their agreements are compliant with the Building Code 2016.

Please note that ALL contractors wishing to undertake Commonwealth-funded building work now require a letter of compliance with the Building Code 2016 from the ABCC to confirm they are eligible to tender, regardless of their workplace arrangements. This includes companies with modern award arrangements.

The ABCC will issue letters of compliance for:

  • Enterprise agreements made on or after 2 December 2016 that meet Building Code 2016 requirements (an ABCC Determination);
  • Enterprise agreements made before 2 December 2016 (this letter of compliance is only valid until 28 November 2018); and
  • Modern Award arrangements or other lawful workplace arrangements.

The ABCC will also provide preliminary advice on whether draft agreements meet the requirements of the Building Code 2016. It is recommended that you familiarise yourself with the requirements of this Code prior to submitting your draft agreement for assessment.

Complete and submit this form to apply for a letter of compliance or preliminary advice on a draft agreement.

Please note –

  • A letter of compliance will not be issued unless you complete and submit the above form.
  • Letters of compliance for modern award arrangements, other lawful workplace arrangements and enterprise agreements made before 2 December 2016 will be issued in chronological order according to the date the form was submitted to the ABCC.
  • All draft or registered agreements submitted to the ABCC for an ABCC Determination or preliminary advice will be assessed in chronological order according to the date the form was submitted to the ABCC.
  • The date agreements were submitted to FWBC for assessment against the requirements of the Building Code 2013 will not influence the assessment order.

Further details on Building Code 2016 requirements will be published on the ABCC website over the coming weeks.

This information contained in this document is correct as at 8 December 2016. Page edited on 3 August 2017 to correct link to form.