What are my obligations as a funding entity?

The Code puts obligations on funding entities both during the procurement of Commonwealth funded building work and during the conduct of that work.

If you’re a funding entity, your key obligations include ensuring that:

  • EOIs/tenders are managed in line with the Code
  • contractor eligibility requirements are met
  • a Workplace Relations Management Plan ( WRMP ) is provided by contractors and approved by the ABCC during the tender process for certain projects (as defined in Schedule 2 of the Code.

Funding entities must also:

  • require that respondents to an EOI/tender provide certain information, including:
    • the extent to which domestically sourced and manufactured building materials will be used to undertake the building work
    • whether the building materials to be used to undertake the building work comply with relevant Australian standards published by, or on behalf of, Standards Australia
    • the preferred tenderer’s assessment of the whole-of-life costs of the project to which the building work relates
    • the impact on jobs of the project to which the building work relates
    • whether the project to which the building work relates will contribute to skills growth.
  • notify the ABCC about new tenders, contract awards and all alleged breaches of the Code.

What if I’m indirectly funding building work?

When indirectly funding building work, funding entities must require, through contract, that funding recipients apply some key aspects of the Code when procuring building work that meets the required financial thresholds.

Using these Funding Entity and Recipient Model Clauses will help ensure that you meet your obligations under the Code when indirectly funding building work.

Funding entities are ultimately responsible for ensuring relevant Code obligations are appropriately applied. If you’re a funding entity, we encourage you to notify the ABCC of any funding agreements with funding recipients.

Notifying us about any funding agreements will help us work with the funding recipient to ensure that all relevant Code obligations are appropriately applied.

To notify us, please use the ABCC Funding Agreement Notification form:

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