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.
STEP ONE - PRELIMINARY REVIEW USING GUIDANCE MATERIAL
The ABCC has published guidance material in the form of an extensive list of clauses from enterprise agreements that have been submitted for assessment to the ABCC (or to the Department of Employment prior to 2 December 2016). The list contains advice about whether the clauses meet the requirements of section 11 of the Building Code 2016.
Before submitting your proposed enterprise agreement to the ABCC for assessment you should use this list as a guide to review whether your agreement contains any clauses that do not meet the requirements of the Building Code 2016. Clauses that do not meet the requirements of the Building Code 2016 are marked in the list as “non-compliant”. The list also includes examples of clauses that have been assessed as “compliant”, or compliant with feedback regarding their on-site implementation.
You should note that there may be clauses within your enterprise agreement that are not shown in the list that do not meet the requirements of the Building Code 2016. In addition it is important to note that all clauses are assessed in the context of the whole agreement. Therefore there may be very limited circumstances where individual clauses assessed in a different context receive different advice.
This list is being updated on an ongoing basis. Contractors should access this document directly from the ABCC website each time they undertake a preliminary review.
If there are clauses in your agreement that are not in the guidance material and about which you seek the ABCC’s advice before submitting your proposed agreement for assessment, you may clauseadvice[at]abcc.gov.au (email the ABCC) (clauseadvice[at]abcc.gov.au) and advice will be provided as soon as possible.
STEP TWO – SUBMIT TO THE ABCC
Once you have completed a preliminary review of your agreement, if you believe it is likely to be compliant with the Building Code 2016 it is ready to submit to the ABCC.
The ABCC will then assess your agreement, clause by clause, to ensure it meets the requirements of the Building Code 2016.
Please note – if you are submitting a draft enterprise agreement for assessment and, during the course of the assessment, the ABCC finds multiple non-compliant clauses that were contained in the guidance material, the ABCC will not continue with the assessment. The ABCC will advise you that your agreement does not meet the requirements of the Building Code 2016 and ask you to use the preliminary review tool before resubmitting.
Choose one of the following options.
I have completed a preliminary review of my enterprise agreement and I consider it likely to be Building Code 2016 compliant.
You should use this form to submit your registered agreement to the ABCC for assessment, or to receive preliminary advice on your draft agreement.
If your registered agreement is assessed as compliant you will receive a Letter of Compliance (an ABCC Determination).
If your agreement is a draft you will receive preliminary advice on whether it meets the requirements of the Building Code.
I have completed a preliminary review of my enterprise agreement and I don’t consider it likely to be Building Code 2016 compliant.
To be eligible to be awarded Commonwealth funded building work a code covered entity and its related entities must not be covered by an enterprise agreement that does not meet the requirements of section 11 of the Building Code 2016.
You may wish to obtain independent advice regarding your circumstances, including whether you are still able to tender or be awarded Commonwealth funded building work.
Need more information?
For further information or assistance contact the ABCC Hotline on 1800 003 338.