Your responsibility to monitor subcontractor compliance

If you’re a code covered entity, you must ensure that any agreement entered into with a subcontractor for work that is Commonwealth funded building work specifies that the subcontractor needs to act consistently with the Code. This can be achieved by using the contractor model clauses.

It’s up to you to ensure that your subcontractors comply with the Code in respect of any Commonwealth funded building work that’s subject to an agreement.

If any non-compliant behaviour is carried out, or suspected to have been carried out, by a subcontractor, it’s up to the code covered entity to ensure that the subcontractor takes remedial action to rectify that non-compliant behaviour. The code covered entity must also report the breach, or suspected breach, of the Code to the ABCC.

A code covered entity who is the head contractor on a Commonwealth funded building project with a WRMP, must ensure that all subcontractors on site comply with the WRMP relevant to the building work. This requirement must be specified in and enforced by the contract relevant to the building work.

A failure by a head contractor to ensure, so far as is reasonably practicable, that subcontractors comply with an applicable WRMP would constitute a breach of the Code by the head contractor.