Contractor resources

This page includes documents, forms and contacts relevant to contractors.

Key documents

Document Description

Interaction between the 2013 and 2016 Building Code Fact Sheet (HTML | PDF - 300K)

These scenarios have been developed to help contractors to understand the interaction between the two Building Codes. 

Application for Code Amendments to Enterprise Agreement Content fact sheet (HTML | PDF - 290K)

This fact sheet explains the amendments to the Building Code 2016 that changed the transitional period for enterprise agreement compliance.

Proof of Eligibility Table (Word - 40K | PDF - 460K)

This table sets out a contractor’s eligibility to express interest in, tender for and be awarded a contract for Commonwealth funding building work and the documents required to demonstrate eligibility. It provides a number of different scenarios to assist contractors understand when they can use a self-declaration and when they need a letter of compliance.

Guidance Material (EXCEL | PDF).

Before submitting your proposed enterprise agreement for assessment you must use this list as a guide to review whether your agreement contains clauses that do not meet the requirements of the Building Code 2016.

Before submitting a registered enterprise agreement for assessment, using this list will help you understand whether your agreement meets the requirements of the Building Code. Many contractors choose to submit a proposed agreement for preliminary advice in order to expedite the process.

Key Transitional Arrangements Table
(Includes model clauses for contractors)

(PDF - 100K | Word - 27K)

The ABCC has developed a transitional table which includes scenarios to assist stakeholders to understand the interaction between the 2013 and 2016 Building Codes. The table includes hyperlinks to the appropriate documentation required when calling for EOIs and tenders and awarding contracts or when engaging subcontractors.

Model Clause Type B (Word – 190K | PDF 590K)

For use by code covered entities when engaging subcontractors.

Model Clause Type C (Word – 170K | PDF – 500K)

For use by code covered entities when engaging subcontractors on Building Code 2013 projects

Information statement to subcontractors (Word - 70K | PDF - 244K

Provide this information statement to respondents when calling for or receiving expressions of interest or tenders on or after 2 December 2016 to inform them they will become code covered entities.  

Eligibility to tender information (HTML | PDF - 300K)

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

Frequently asked questions

Answers to common questions about the Building Code.

Legislation

Legislation Explanatory statement

Code for the Tendering and Performance of Building Work 2016

Explanatory Statement to the Code for the Tendering and Performance of Building Work

Building Code 2013

Explanatory Statement to the Building Code 2013

Forms

Form Description

Building Code 2016 Advice Request/Letter of Compliance Form 

You must use this form to submit your registered agreement to the ABCC for assessment, or to receive preliminary advice on your draft agreement. 

Self-Declaration A 
(Word – 150K | PDF – 175K)

This Self-Declaration can be used by:

  • Contractors who have made an enterprise agreement before 25 April 2014 that has not since been varied in accordance with section 207 of the Fair Work Act 2009; and

  • Contractors who are exclusively covered by a Modern Award or other lawful arrangement.

This Self-Declaration can be used to express interest in, tender for and be awarded Commonwealth funded building work. A Letter of Compliance is not required.

See the Proof of Eligibility Table for further information.

Self-Declaration B
(Word – 150K | PDF – 175K)

This Self-Declaration can be used by:

  • Contractors covered by an enterprise agreement/s made on or after 25 April 2014 and before 2 December 2016.

This Self-Declaration can be used to express interest in or tender for Commonwealth funded building work until 31 August 2017. This Self-Declaration cannot be used to be awarded the work.

To be awarded the work a Letter of Compliance is required* for the enterprise agreement that will apply to the building work.

See the Proof of Eligibility Table for further information.

* An exemption applies if you tendered between 2 December 2016 and 17 February 2017.

Self-Declaration C 
(Word – 150K
| PDF – 175K)

This Self-Declaration can be used by:

  • Contractors tendering for work between 2 December 2016 and 16 February 2017 (inclusive) who are covered by an enterprise agreement made on or after 25 April 2014 but before 2 December 2016 and who fall into one of the following categories:

    • Category 1: not also covered by an enterprise agreement made on or after 2 December 2016,or

    • Category 2: also covered by an enterprise agreement made on or after 2 December 2016.

This Self Declaration can be used to be awarded and undertake Commonwealth funded building work until 29 November 2018. However, a Letter of Compliance is required for any enterprise agreement made on or after 2 December 2016 that covers the contractor.

See the Proof of Eligibility Table for further information

Self-Declaration D 
(Word – 150K
| PDF – 175K)

This Self-Declaration can be used during the transition period 17 February 2017 and 31 August 2017 by contractors who are tendering for Commonwealth funded building work in the transition period and are both:

  • covered in relation to the Commonwealth building work being tendered for by either a modern award or an agreement made prior to 25 April 2014 and not varied on or after 25 April 2014; and

  • covered by enterprise agreement(s) made on or after 25 April 2014 and before 2 December 2016 that do not apply to the Commonwealth building work for which the contractor is expressing interest in or tendering for in the transition period.

This Self-Declaration can be used to express interest in, tender for and be awarded the Commonwealth funded building work until 31 August 2017.

See Proof of Eligibility Table for further information.

Self-Declaration E 
(Word – 150K
| PDF – 175K)

This Self-Declaration can be used by:

  • Contractors who are expressing interest in, tendering for or being awarded Commonwealth funded building work between 17 February 2017 and 31 August 2017 and:

    • are covered by an enterprise agreement made before 25 April 2014 that has not since been varied in accordance with section 207 of the Fair Work Act 2009; and

    • are covered by an enterprise agreement(s) that was made on or after 25 April 2014 but before 2 December 2016 that will not apply to the building work; and

    • are not covered by any enterprise agreements made on or after 2 December 2016.

This Self-Declaration can be used to express interest in, tender for and be awarded Commonwealth funded building work between 17 February 2017 and 31 August 2017.  A Letter of Compliance is not required.

Contacts

Contact Description

enquiry[at]abcc.gov.au

General Code enquiries.

agreementquestions[at]abcc.gov.au

General questions on enterprise agreement content.

agreements[at]abcc.gov.au

Mailbox to submit your Request for Preliminary Advice/Letter of compliance Form.

codereporting[at]abcc.gov.au

Reporting/notification requirements contained in section 16 (industrial action and secondary boycotts) and section 17 (Building Code breaches) of the Code.

securityofpayments[at]abcc.gov.au

Security of payments reports of delayed or disputed payments.

clauseadvice[at]abcc.gov.au

Advice on individual clauses in enterprise agreements.

Need more information?

For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry[at]abcc.gov.au.