What laws must I comply with?

If you’re a code covered entity, you’re required to comply with a number of laws. It’s important to know what these laws are, because failure to comply may result in a breach of the Code.

To help you understand these laws, we’ve outlined them for you below.

Designated Building Laws

Code covered entities must comply with the BCIIP Act and all designated building laws.

The term ‘designated building law’ is defined in the BCIIP Act to mean the IC Act, the FW Act, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or a Commonwealth industrial instrument, such as an applicable award or enterprise agreement.

Competition and Consumer Laws

Code covered entities must comply with the CCA to the extent that it applies to the entity in relation to tendering for or undertaking building work. For example, a code covered entity must not breach the cartel and anti-competitive provisions of the CCA.

Work Health and Safety Laws

Code covered entities must comply with work health and safety laws, including work health and safety training requirements and asbestos safety requirements, to the extent that they apply to building work, including strict compliance with processes for electing health and safety representatives and right of entry requirements.

If the ABC Commissioner recommends a sanction for a breach of WHS law, the Minister must impose an exclusion sanction unless satisfied that it is not appropriate in the circumstances because of the nature or, or factors contributing to, the failure to comply.

Migration Laws

Code covered entities must comply with their obligations under the Migration Actand its subordinate legislation. This may include obligations relating to the lawful engagement of persons or conditions on the sponsorship, engagement and employment of persons who hold visas granted under the Migration Act.

Compliance Notices

Code covered entities must comply with a compliance notice issued by an ABC Inspector under the BCIIP Act, as well as any decisions, directions or orders made or given by a court or tribunal that apply to the entity in respect of building work.

Code covered entities also must not enter into, participate in or facilitate an arrangement or practice that conflicts with a decision, direction or order made or given by a court or tribunal that applies to them in respect of building work.

Breaking any of these laws may result in a breach of the Code.