The Code applies to all building work being undertaken for, or on behalf of, a funding entity if the funding entity issued the expression of interest or request for tender on or after 2 December 2016.
The Code also applies to building work where the tender was issued before 2 December 2016 but the tender was submitted on or after 2 December 2016.
The Code also applies to indirectly funded work that meets any of the following criteria:
- The Commonwealth indirectly funds the building work by a grant or other program in circumstances in which the funding for the building work is an explicit component of the grant or program; and for which
- The value of the Commonwealth’s contribution to the project that includes the building work is at least $5 million and represents at least 50% of the total construction project value.
- The Commonwealth’s contribution to the project that includes the building work is at least $10 million, regardless of what percentage of the total construction project value that represents.
- The Code also applies to BOOT and BOO projects initiated by a Commonwealth agency for the delivery of functions or services of the Commonwealth, and to building work that involves a pre-commitment lease to which a funding entity is a party or which includes a Public Private Partnership or Private Finance Initiative for the delivery of functions or services of the Commonwealth
The full definition of building work to which the Code applies is set out in Schedule 1 of the Code.
If you’re a funding entity, we recommend that you familiarise yourself with the full list of definitions.
The Code sets out the Australian Government’s expected standards for all building industry participants involved in Commonwealth-funded construction projects, and seeks to leverage Commonwealth funding to ensure building work is carried out fairly, efficiently and productively, for the benefit of all building industry participants and for the benefit of the Australian economy as a whole.