Can you engage in conduct that’s prohibited in an enterprise agreement?

A code covered entity must not engage in conduct, or implement a procedure or practice (howsoever described) in respect of building work, that if it were included in an enterprise agreement, would be prohibited by section 11(1) or (3) of the Code.

For example, an employer must not agree to demands that a redundancy process be conducted on a ‘last-on first off’ basis where there was no such requirement in an enterprise agreement. Doing so may breach the Code unless it is expressly permitted or required by a Commonwealth industrial instrument.

Is there any guidance material to help me comply with this part of the Code?

Yes— the agreement clauses for contractors guidance material contains a comprehensive list of clauses commonly found in enterprise agreements. The guidance material states whether or not the clause complies with the Code.

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