For contractors

Once you become a code covered entity, you’re required to comply with the Code on all new privately funded projects.

However, you don’t need to ensure that your subcontractors comply with the Code on privately funded construction sites unless they are a related entity to you.

Subcontractors who submit an EOI or tender for any project after 2 December 2016 become subject to the Code. This makes them code covered entities.

The Building Code 2013 continues to apply to you as the head contractor for the life of the project.

Yes. There are reporting requirements under the Building Code 2013 and additional reporting/notification requirements under the Code for code covered entities.

Code reporting requirements

In general industrial action (including threats) and requests or demands which appear to be for the purpose of secondary boycotts must be reported as soon as practicable, but no later than 24 hours after the code covered entity becomes aware of the action or threat.

As well as reporting industrial action, you must also, to the extent reasonably practicable, take steps to prevent/bring to an end the industrial action. A suspected breach of the Code must be reported within two working days. You must also state what steps you will take to rectify the breach and—within 14 days—report what you have done to rectify the breach.

Reports of any disputed or delayed progress payments must be made as soon as practicable after the date on which payments were due.

Details of the SOP reporting requirements can be found here.

Building Code 2013 requirements

If you’re a building contractor or building industry participant covered by the Building Code 2013, you must report actual or threatened industrial action as soon as practicable after the action or threat occurs.

You must also notify the ABCC of a breach, or a suspected breach, within 21 days of becoming aware of the breach or suspected breach. All reports/notifications can be made by emailing: codereporting@abcc.gov.au