Eligibility to tender

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

Contractors who are covered by enterprise agreements made before 25 April 2014 or are covered by a Modern Award or other lawful workplace arrangements can use Self-Declaration A (Word 140K) to demonstrate eligibility to express interest, tender or be awarded a contract.

The ABCC issues Letters of Compliance for enterprise agreements made on or after 25 April 2014 that meet Building Code 2016 requirements (an ABCC Determination). The ABCC can also provide advice on whether individual clauses and proposed agreements meet the requirements of the Building Code 2016.

To streamline the assessment process, the ABCC has introduced a two-step process which requires stakeholders to undertake a preliminary review of their agreement before submitting it to the ABCC for consideration.

Amendment to the Building Code 2016

The amendments to the Building and Construction Industry (Improving Productivity) Act 2016 on 17 February 2017 reduced the transition period for enterprise agreement content from two years to nine months. The new transition period concludes 31 August 2017.

Subject to certain exemptions, companies with non-code compliant agreements can tender for, but not be awarded Commonwealth funded building work during this transition. Contractors can use Self-Declaration B (Word 140 K) to demonstrate eligibility to express interest in or tender for work during this period.

Companies who tendered for Commonwealth funded building work between 2 December and 16 February may also be subject to certain exemptions to be awarded and undertake Commonwealth funded building work until 29 November 2018. Contractors can use Self-Declaration C (Word 140K) to demonstrate eligibility in this instance.

What if I have a "transitional letter" of compliance for an enterprise agreement made before 2 December 2016?

If the ABCC issued you with a letter of compliance for an enterprise agreement made before 2 December 2016 that states you are eligible to tender until 29 November 2018, this letter is no longer valid as evidence that you are eligible to be awarded a contract for Commonwealth funded building work.

Am I eligible to tender with a non-compliant agreement? What evidence can I use?

Some contractors may be still eligible to tender and be awarded a contract as they qualify for an exemption under the Code amendments. The ABCC has developed a table for contractors to guide them as to whether they require a letter of compliance or are eligible for an exemption. View the table (Word 30K).

How do I apply for a letter of compliance or preliminary advice?

To streamline the assessment process, the ABCC has introduced a two-step process which requires stakeholders to undertake a preliminary review of any proposed agreement before submitting it to the ABCC for consideration. Commence your preliminary review.

Need more information?

For further information or assistance contact the ABCC Hotline on 1800 003 338.